HomeMy WebLinkAbout96-02179
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RONALD L. OARLINOER,
Plaintiff
V.
DIANE F. OARLINOER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA.
96-2179 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
AND NOW, this _ s V'C?- day of February, 1998, upon
consideration of the within Emergency Custody Petition, it is
ordered that Respondent, Ronald L. Garlinger, shall. have no contact
with his son, Ronald Garlinger, born May 15, 1995, pending a
hearing on the merits of this Emergency Petition to be held before
- -
tFze-'Honorable --^ in Courtroom ,
Cumberland
/I County Courthouse, Carlisle at :(A IM on
1 1/?? /'S? ,AAI 19 9 8 .
Distribution:
Bryan, S. Walk, Esquire for Defendant/Petitioner
James M. Bach, Esquire for Plaintiff/Respondent
RONALD L. OARLINGER,
Plaintiff
V.
DIANE F. OARLINOER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PA.
96-1179 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
AND NOW, comes, Diane F. Garlinger, by and through her
attorney, Bryan S. Walk, Esquire and respectfully represents as
follows:
1. The Petitioner is Diane F. Garlinger, the Defendant in
the above-captioned matter, who is an adult individual who
presently resides at 26 North 31st Street, Harrisburg, Dauphin
County, Pennsylvania.
2. The Respondent is Ronald L. Garlinger, the Plaintiff in
the above-captioned matter, who is an adult individual whose last
known address was 230 North Second Street, Wormleysburg, Cumberland
County, Pennsylvania.
3. Mr. Garlinger has been represented in the past by James
M. Bach, Esquire in connection with this matter. The parties are
the natural parents of Ronald T. Garlinger, born May 21, 1995.
4. The Petitioner, Diane F. Garlinger, has primary physical
custody of Ronald, while the Respondent has partial physical
custody as set forth in the custody order, which has been attached
hereto as Exhibit A.
5. On or about January 27, 1998, the Respondent, Ronald L.
Garlinger, Jr., drove his 1988 GMC pickup into the Susquehanna
River shortly before 4:00 p.m. (see Exhibit B).
6. Respondent, Ronald L. Garlinger, Jr. was treated at the
Harrisburg Hospital and transferred to the PolyClinic Hospital for
mental health observation and treatment.
7. On or about January 27, 1998 at approximately 7:30 p.m.,
Ronald L. Garlinger contacted the Petitioner, Diane F. Garlinger by
phone and informed her that he attempted to commit suicide by
driving his vehicle into the river.
8. It is believed that Mr. Garlinger is still undergoing
mental health treatment presently.
9. Petitioner, Diane F. Garlinger, has serious concerns for
the safety and welfare of the child, Ronald Garlinger, should he
permitted to be in the custody of his father, Ronald L. Garlinger,
Jr.. Petitioner is concerned about the mental health stability of
Mr. Garlinger and the safety and welfare of the child since Mr.
Garlinger has attempted to commit suicide within the last several
days.
10. Undersigned counsel and petitioner are concerned over the
mental health status of the respondent.
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11. Mr. Garlinger is scheduled to have visits with his eon on
February 3, 1998 and the following weekend, and thereafter as set
forth in the custody order,
WHEREFORE, Diane F. Garlinger respectfully requests that
Ronald L. Garlinger's right to partial custody for visitation
purposes, of Ronald Garlinger, his son, be suspended and that
Ronald L. Garlinger, Jr. be ordered no contact with his son pending
further order of this Court.
Respectfully submitted,
ryan S, Walk, Esquire
Attgrney for Defendant
I.D. #63881
112 Walnut Street
Harrisburg, PA 17101
(717) 238-5113
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VERIFICATION
I verify that the statements made in this Petition are true and correct. 1 understand that false
statements herein are made subject to the penalties of 18 Pa.C. S. Section 4904, relating to
unsworn faisitication to authorities.
Date: dZ? -Z 915'
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Diane F. Garlinger
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RONALD L. GARLINGER,
Plaintiff
V.
DIANE F. GARLINGER,
Defendant
c IN THE COURT OF COMMON PLEAS
t CUMBERLAND COUNTY,
c PENNSYLVANIA
c
c 96-2179 CIVIL TERM
CIVIL ACTION - LAW
c IN CUSTODY
c
CERTIFICATE OF SERVICE
I hereby certify that I served a copy of the foregoing
Emergency Custody Petition upon James M. Bach, Esquire, attorney
for Ronald L. Garlinger, by first class mail, postage prepared as
follows:
James M. Bach, Esquire
352 South Sporting Hill Road
Mechanicsburg, PA 17056
Date : a/3208
Bra? . Walk, Esquire
Attorney for Defendant
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An; I 1 199-(
RONALD GARLINGER,
Plaintiff
V.
DIANE GARLINGER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-2179
CUSTODY
AND NOW, this _,f day of Auqu 1997, upon consideration of
the attached stipulation for modification of custody agreement is
ordered and directed as follows that the order of this Court dated
October 7, 1996, is hereby modified as follows:
Under paragraph 6 of the existing custody order signed by this
Honorable Court, it is stated as follows: The parties shall share
alternate custody of the child on holidays as follows:
a. Christmas - In every year, the father shall
have custody of the ch i.ld on Christmas clay from 10:00
a.m. until 4:00 p.m. and from December 27th at 6:00 p.m.
until. January 1st at. 6:00 p.m, and every year, the mother
have custody of the child from 4:00 p.m. Christmas day
through December 26th. The mother shall have custody of
the child from Dei'eluhCr 21st until Christmas clay at 10:00
a.m. The father's overnight: periods of custody tinder
this provision in 19516 shall be supervised by the
paternal grandparcmt:.
it is further ordered thnP. tht- Custody order dated October 7, 1996
be modified to :include the following provisions:
The par.t.i.es do hereby agree that the child should be
raised and taught. through the Church of God religious affiliation.
Huth parties agree to honor this agreement and attempt to the best
of their abi.l.it.ics to ra.ise i child under the Church of God
roIig:ion.
It, i s Ise t ltat n- i Cher party will smoke in the
lurl.hc:r agreed that both parties will
t 1 (-mpt t•) tlw r-:;1 ,,I t h,• i r thi I to limit any other type of
u>,6:iri?l ii; thy, ?,t ti., ?lii_Id t.o the best of their ability.
Both parties agree that should Mrs. Garl.inger's parents
be unable to provide day care supervision for any reason that Mr.
Garlinger and/or his parents be given the option to care for the
child on that day. If Mrs. Garlinger's parents, Mr. Garlinger
and/or his parents can not provide care on the given day(s) and
the child would need to be placed in a day care temporarily on a
regular basis, all costs shall be split equally among the
parties. The expense of splitting the day care costs are meant
to be split 50/50 between both Mr. Garlinger and Mrs. Garlinger.
The parties do hereby agree that the weekly visitation
remain on Tuesdays the time being 5:30 p.m. to 8:30 p.m.
It is further ordered and decreed that all other terms
of the custody agreement signed by this Court on October 7, 1996,
remain in effect as stated in the order dated October 7, 1996.
BY THIS COURT:
J.
CC. James M. Bach, Esquire
Bryan S. Walk, Esquire
RrCORD
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AlPI.
.- Prothonof8ly
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FILE COPY
RONALD L. GARLINGER,
Plaintiff
Vs.
DIANE F. GARLINGER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-2179 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COUR'P
AND NOW, this '7.& day of (i_r ('s{,?o" 1996, upon
consideration of the attached Custody Conc 1 at n Report, it is ordered
and directed as follows:
1. The Father, Ronald L. Garlinger, and the Mother, Diane F.
Garlinger, shall have shared legal custody of Ronald L. Garlinger, III,
born May 12, 1995.
2. The Mother shall have primary physical custody of the Child.
3. For a period of three months, beginning October 12, 1996, the
Father shall have partial custody of the Child on alternating weekends from
Saturday at 9:00 a.m. through Sunday at 5:00 p.m. These periods of
overnight partial custody shall be supervised by the Child's paternal
grandparents. If after a period of three (3) months, the overnight custody
arrangements arc going well, the parties agree that the alternating weekend
periods of custody ;;hai.l be extended to begin on Friday at 6:00 p.m. and
end on Sunday at `i:00 p.m., and these periods of partial custody may
proceed without supervision by the paternal grandparents.
4. The E'athor nhall have partial custody of the Child every Tuesday
evening from 5:00 p.m. thr.-ouyh 8:00 p.m.
5. The Fathor. shall have extended per.lods of partial custcdy with the
Child du ring each suuuner, beginning with two (2) weeks in 1997, three (3)
weeks in 199E1 and four (4) weeks in 1999. Thereafter, the parties agree to
discuss increasing the period of suitoer. Custody to six (6) weeks as
arranged by mutual agreement of the parties.
6. The, parties shall share or alternate custody of the Child on
holidays as follows:
A. Chri.sl-m,.is - In every year, the Father shall have Custody of
the Child on Christmas Day from 10:00 a.m. until 4r:0 p.m. and
trom December. 27 at 6:00 p.W. until January 1 at 6:..) p.m. In
e.vory year., the Nothor r11till have Custody of Lira, 'hild from
4:01") gs.w. Chr.istmns U.Iy thruu,lh December. .26th. Fattier's
uverni.ght pcr.iod.; of cisa,toay urs(i-r this provisi=n in 1996
^heii.l. hQ supervised t,y thn p'sternsl grandparents.
D. Thanksgiving - 1n every year, Lhe Father shall have custody of
the Child on 't'hanksgiving Day from 1.0:00 a.m. until 4:00 p.m.
C. Mother's Day/Father's Day - The Mother shall have custody of
the ChU on Mother's Day in every year and the Father shall
have custody of the Child on F'ather's Day in every year.
D. Alternating Holidays - The parties shall have custody of the
CTif?d on an alternating basis on the following holidays: New
Years Day, Easter, Memorial Day, July 4th, and Labor Day. The
alternating holiday schedule shall begin with the Mother
having custody of the Child on New Years Day in 1997.
7. The Father shall continue to participate in the Alcoholics
Anonymous Program.
8. Neither party shall consume alcohol either prior to or during
periods of custody with the Child.
9. The parties agree to obtain additional information in order to
make arrangements for the Father to attend parenting classes. If, after
obtaining the necessary information, the parties are unable to reach an
agreement as to the Father's enrollment in parenting classes, counsel for
either party may contact the Conciliator for scheduling of a second
Conference, if necessary.
10. If, after the three month period of supervised partial custody
(provided in paragraph 3 of this Order), for the Father, the parties are
unable to agree as to the advisability of eliminating the requirement for
supervision, counsel for either party may petition the Court to have this
matter relisted with the Conciliator.
11. This order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this Order by mutual consent. In the absence of mutual agreement, the
provisions of this order shall control.
BY THE COURT,
cc: James M. Bach, Esquire - Counsel for Plaintiff
Bryan S. Walk, Esquire - Counsel for Defendant
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RONALD L. GARLINGER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff c CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO. 96-2179 CIVIL TERM
DIANE F. C,ARLINGER, CIVIL ACTION - LAW
Defendant IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME BIRTHDATE CURRFSTPLY IN CUSTODY OF
Ronald L. Garlinger, III May 12, 1995 Defendant/Mother
2. A Conciliation Conference was held on October 1, 1996 with the
following individuals in attendance: The Father, Ronald L. Garlinger, with
his counsel, James M. Bach, Esquire and Yuri Gasper, Law Clerk, and the
Mother, Diane F. Garlinger, with her counsel, Bryan S. Walk, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, EsgquirrV
Custody Conciliator
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t66-caliber
Handgun. PC.
Oehtlited sus.
'everal tows
broke out in
yeller carry.
its 16 about
rthern York
said,
Nyles Angges•
of police he
pulled Into
I Grapevine
qtted a fire
it, the rear
lice said,
not know
tatens Nose
'hief Scott
that three
red minor
1u treated
r said. The
by Robert
sustained
i said,
Icd In the
heel bear.
rory men
coped in.
st forcod
r experl•
vergreen
I. crash
oetween
'leasant
race mobile home park In th't
block of Red Bank Road.
Shortly After the incident,:
artested two other suspects,
A. Eshleman, 21, of WellevWA
Shawn Michael Wngelsr, is, •d
400 block of Mapie Street, Mangy
ter.
According to the probable•allsl
iff!"vit tiled In the cue, no, $I
Wagner nor Eshleman Hred;'t6ty
shots, but were among six pidpplt
Who want to the residence. Art?sl
documents allege Stone approaelled
the mobile home, plaedd a black
handgun to the had of one woman
and threatened to blow oft her head.
StO114,'Polloe sold, then kicked, In
the door and fired el8 gr seven
shots into the living room-or-the
mobile home, which war occupied
by tOpaople, .
at amtWidardar. is to tthe residdeince
at i60O,
Police sold, the occupogt of? jhs
reel once, Erji 15utfy, told them
Eshleman had been living then un•
III he was,,kicked out,,- a
WOM19YOUrg
RIVER ?ROBRI West Shore Regional
Police are investigating why a
20•year•old Wormleysburg man
drove Into the SusQuehsmta River
yesterday afternoon.
Ronald L. Garlinger Jr. of the t10O
block of North Front stmt drove
his 1803 GMC pickup truck down
the Pine street access road into the
Susquehanna River shortly balbrs 4
p,m, The truck floated & short 41s.
fence before turning and sinking,
Garlinger crawled out A drivers
window and went ashore, He was
taken to Harriobw Hospital where
he was treated and released , .
no osid York
it Holly FATAL iTAMiIRO: A Z2-yearold York
n Ever. woman was fatally stabbed at 1,10
Bap hill am, yesterday outside a day are
d. center at Mount Calvary Baptlst
nowing Church in the 300 block of Simpson
ahead, Street, city police said.
nbenk. Carrie McCrary; of the i40o.b]eek
to roll of Eastern Boulevard, was taken to
Yor d with a.m-, 444011111111 top ice erld aboa
'a off. pttalspokesman. /
of f"I $amal McCrary, ,74, of the IN
m the block of North Beaver StrM "Noe
hway arrested at the hoepltal and ohaY tld
of by with criminal homltade,'pol{eiiald.
Ship- He Was committed to York'COCdlty
oil to Prison pending a bail hearing.
III up Police said the stabbing was 4*
1ng treated as a domestic cap al,
'new though they could not coMrm jut
rurn night how the victim and sue{NCt
were elated. Carrie McCrary,: ad
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ANGIE L. CARBAUGH,
Plaintiff,
V.
OAKWOOD HOMES, INC.,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-2178 CIVIL TERM
CIVIL ACTION - LAW
TO THE PROTHONOTARY OF SAID COURT:
Please enter judgment in favor of the Plaintiff, Angie L. Carbaugh, pursuant to the Court's verdict
of June 12, 1997 in the amount of $2,600.00 plus interest from.Tune 1, 1994 and costs of record. A copy
of the Court's verdict of June 12, 1997 is attached hereto.
Respectfully submitted,
TURO LAW OFFICES
Date Ron o, Esquire
32 South Bedford Street
Carlisle, PA 17013
(717) 246.9688
Attorney for Plaintiff
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V/
ANGIE L. CARBAUGH, t
Plaintiff
s
V.
e
OAKWOOD HOMES, INC.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-2178 CIVIL TERM
OF C
AND NOW, this Qt?day of June, 1997, upon consideration of
Plaintiff's complaint and of Defendant's counterclaim, and
following a nonjury trial, the court finds in favor of Plaintiff
Angie L. Carbaugh and against Defendant Oakwood Home, inc., in the
amount of $2,500.00 for amelioration of septic system problems on
Plaintiff's property, with interest sec. leg. from June 1, 1994.
BY THE COURT,
1/? DA,
J Wesley O1 r Jr.,
Ron Turo, Esq.
32 South Bedford Street
Carlisle, PA 17013
Attorney for Plaintiff
Michael D. Hess, Esq.
1222 Drager Road
Columbia, PA 17512
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS 1
OF CUMBERLAND COUNTY
6
STATE OF M f PENNA.
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RONALD L. GARLINGERO JR.
t ?• 96 ,2.1.79.,....
PLAINTIFF
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DIANE F. GARLINGER
DEFENDANT
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DECREE IN
3 DIVORCE l
AND NOW, ....... n'`^!" .. ??.... , 19_ it is ordered and tJ
decreed that ...... ,Ronald L. Garlinger t . . . • ... • • • • , plaintiff,
Diane F. Garlin er
$ and 9 defendant, A
are divorced from the bonds of matrimony.
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S!1 The court retains jurisdiction of the following claims which have
y been raised of record in this action for which a final order has not yet
k been entered;
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P thonotary
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA.
RONALD L. GARLINGER, JR.
-i Plaintiff
vs.
No. 96-2179 Civil Action
tIN DIVORCE)
DIANE F. GARLINGER
Defendant Civil L9 96
It appearing that the Master's report in the above stated case has been filed
for ten days, that no exceptions have been filed thereto, that the costs have been
fully paid and that all the requirements of law and Rules of Court have been met,
you are hereby directed to submit the said case to the Court of Common Pleas of
Cumberland County, Pa., at the next sitting thereof.
To
'\ltonik-v Inl I ?, filfff.
QF.S ht, BACH
Prothonotary
Dated ? I ? c 1 Y SC
I, _?UJIC J. ? Prothonotary of the Court of
Common Pleas of Cumberland County,o hereby certify that the costs in the above
stated case, have all been paid, including the Master's fee.
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?u{?.4,I Prothon taryProthon tar
RONALD L. GARLINGER, JR.
PLAINTIFF
Vs.
DIANE F. GARLINGER
DEFENDANT
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
. CIVIL ACTION'
IN DIVORCE
NOTICE TO DEPEND AND CLAIN RIGHTS
You have been sued in Court. If you wish to defend againstprompt
the claims set forth in the following pages, you must take
action. You are warned that if you fail to do so, the case
may proceed without you and a decree in divorce or annulment
claim A or judgement may also
may entered against
other court.
for any the
be entered against you requested
in these papers by the Plaintiff. You may lose money or
visitation of your children.
When the grounds for divorce are indignities or irretrievable
breakdown of the marriage, you may request marriage counseling.
A list of marriage counselors is available in the OFFICE OF
THE PROTHONOTARY, on the first floor of the Cumberland County
Court House, Carlisle, Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYERS FEES, OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THESE.
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 CET LEGAL
HELP.
Court Administration
Fourth Floor
Cumberland County Court House
Carlisle, PA 17013
717-240-6200
RONALD L. GARLINGER, JR.
PLAINTIFF
Vs.
DIANE F. GARLINGER
t IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
C,,,/ jlu,.CIVIL ACTION
IN DIVORCE
COMPLAINT IN DIVORCE
COUNT I
AND NOW comes the Plaintiff, by Attorney JAMES M. BACH, and
avers as follows:
1. Plaintiff is RONALD L. GARLINGER, JR. , who
currently resides at 73 ROLO COURT, MECHANICSBURG, PA 17055
2. Defendant IS DIANE F. GARLINGER , who
currently resides at 26 NORTH 31ST STREET, HARRISBURG, PA 17109
3. Plaintiff and Defendant have been bona fide residents in
the Commonwealth for at least six months immediately previous
to the filing of this Complaint.
4. The Plaintiff and Defendant were married on OCTOBER 14, :989
5. There have been no prior actions of divorce or annulment
between the parties.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised of the availability of counseling
and also the Plaintiff may have the right to request that
the Court require the parties to participate in counseling,
and after being so advised, Plaintiff does not desire
counseling.
a'
NHRRBPQREt
in Divorce.
Plaintiff requests the Court to Enter a Decree
BY:
JAMES M. BACH
ttorney I.D. No. 18727
2 South Sporting H111 Road
Mechanicsburg, PA 17055
717-737-2033
I verify that the statements made in this complaint are true
and correct. I understand that false statements herein made
are subject to penalties of 18 PA. C.S. §4904, relating to
unsworn falsification to authorities.
PLAIN F
DATE
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RONALD L. GARLINGER, JR.
PLAINTIFF
Vs.
DIANE F. GARLINGER
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
96 - 2179 CIVIL ACTION
IN DIVORCE
ACCEPTANCE OF SERVICE
I BRYAN WALK, ESQUIRE accept service of
the COMPLAINT in DIVORCE and NOTICE TO DEFEND RIGHTS, on behalf
of the Defendant, DIANE F. GARLINGER , and
certify that I am authorized to do so.
DATE IL?)._514
SIGNATURE
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RONALD L. GARLINGER, JR. : IN THE COURT OF COMMON PLEAS,
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
vs.
96 - 2179 CIVIL TERM
DIANE F. GARLINGER
DEFENDANT IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce
Code was filed on APRIL 24, 1996
2. Tile marriage of the Plaintiff and Defendant is irretrievably
broken and ninety days have elapsed from the date of the
filing of the complaint.
3. I consent to the entry of a final Decree in Divorce, without
notice.
4. I understand that, if a claim for alimony, alimony pendente
lite, marital property, counsel fees or expenses has
not been filed with the Court before the entry of a final
Decree in Divorce, the right to claim any of those will
be lost.
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 16 PA. C.S. 4904, relating
to unsworn falsification to authorities.
i
Sigaed
DATE PLAINTIFF
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RONALD L. GARLINGER, JR.
PLAINTIFF
VS.
DIANE F. GARLINGER
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
96 - 2179
IN DIVORCE
CIVIL TERM
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§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. 1 understand that I will not be divorced until a divorce
decree is entered by the Court and that a copy of the decree
will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true
and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. §4904 relating to
unsworn falsification to authorities.
DATE
PLAINTIFF
r: 1
srytn i. Walk
ATTORNtY AT LAW
100.112 Walnut stroot
Harrisburg, PA 17101
(717) 230.6113
RONALD GARLINGER,
Plaintiff
V.
DIANE GARLINGER,
Defendant
IN TIIE; COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 96-2179
CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT
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 grantdd.
3. I understand that I will not: be divorced until a divorce
decree is entered by the Court and that a copy of the decree will
be sent, to me immediately after. it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of. 18 Pa.C.S. Section 4904 relating
to unsworn falsification to authorities.
Date:
Diane F. Garling6r, Defendant
-)
cm
RONALD GARLINGER,
Plaintiff
V.
DIANE GARLINGER,
nefendant
Bryan S. Walk
.rte" ATTONNIV AT LAW
106.112 Walnut Str*St
Harrisburg, PA 17101
(717) 236.6113
IN'1'IIE COURT' OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 96-2179
CIVIL ACTION - DIVORCE.
1, Plaintift acknowledges that i Copy of the Complaint was
served on the defendant on April 24, 1996-
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety 00) days have elapsed from the date of filing
the complaint, and from service of the complaint,
3, I consent to the entry of a final Decree of Divorce
without notice. alimony,
4, I understand that I may lose rights concerning division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
5. I understand that I will riot 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.
ements made in this Affidavit are true
I verify that the stat
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: ? ll?? ?; ?.Lr l Diane F. (lARL1N0&Kr us
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JAMES M. BACH
Attorney At Law
352 S. Sporting Hill Rd., Mechanicsburg, PA 17055, Tel: (717) 737.2033
January 27, 1998
ROBERT E. ELICKER, II, ESQUIRE
DIVORCE MASTER
9 NORTH HANOVER STREET
CARLISLE, PA 17013.3014
RE: Ronald L. Garlinger vs. Diane F. Garlinger
No. 96.2179 (In Divorce)
Dear Master Elicker:
Enclosed herewith please find a proposed Order of Court.
The proposed Order disposes of all issues outstanding between the parties and
we are requesting that same be signed by a judge.
If you have any questions or concerns regarding this proposed Order, please let
me hear from you immediately. I am sending a copy of this order to Attorney Walk.
Respectfully,
hn
MES M. BACH
Attorney-at-Law
JMB/lw
Encl: Order of Court w/Exhibit A
cc: Bryan S. Walk, Esquire
Ronald L. Garlinger
RONALD L. GARLINGER, fN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS. NO. 2179 CIVIL 1996
DIANE F. GARLINGER, t
Defendant IN DIVORCE
STATUS SHEET
WATG: ACTIVITIES:
8/13l96 ALL1
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RONALD L. GARLINGER,
Plaintiff
Vs.
DIANE F. GARLINGER,
Defendant
IN THE COURT OF COMMON PLEAS 01•'
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-2179 CIVIL 19
IN DIVORCE,
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Hearing scheduled for 1/1.•?5-//98, at 9:00 a.m.
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RONALD L. GARLINGER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO. 96 - 2179 CIVIL
DIANE F. GARLINGER,
Defendant IN DIVORCE
RE: Pre-Hearing Conference Memorandum
DATE: Monday, February 24, 1997
Present for the Plaintiff, Ronald L. Garlinger, is
attorney James M. Bach, and present for the Defendant, Diane F.
Garlinger, is attorney Bryan S. Walk.
A divorce complaint was filed on April 24, 1996,
raising grounds for divorce of irretrievable breakdown of the
marriage. On December 20, 1996, a counterclaim was filed
raising additional grounds for divorce of indignities and
adultery. Counsel have advised, however, that the parties will
sign and file affidavits of consent prior to the hearing to be
held in these proceedings so that the divorce can be concluded
under Section 3301(c) of the Domestic Relations Code.
A petition was filed for equitable distribution on
August 22, 1996. Additional petitions were filed for alimony,
alimony pendente lite, and counsel fees; however, counsel have
indicated that any claims for alimony and counsel fees are
withdrawn. Judge Bayley deniea the parties' petitions for
alimony pendente lite pursuant to an order dated December 20,
1996. Therefore, the Master is left with the issue of equitable
distribution.
The parties were
separated November 14, 1995.
one child who is currently in
paying child support for that
week.
married on October 14, 1989, and
They are the natural parents of
the custody of wife. Husband is
child in the amount of $50.00 per
Husband is 28 years of age and resides at 920 North
Front Street, Apartment 7, Wormleysburg, Pennsylvania, with a
female friend. He is not a high school graduate (Mr. Bach is
not certain, however, as to whether or not he has his GED) and
is employed by Zetor Tractor as a laborer. Every two weeks he
is paid a gross income of $544.43 and a net income of $274.36.
Husband has not raised any health issues.
Wife is 28 years of age and resides at 26 North
31st Street, Harrisburg, Pennsylvania, with her parents and the
child of the marriage. She is a high school graduate and is a
clerk/teller for the Postmark Credit Union. Her biweekly gross
income is $704.85, her net biweekly income is $537.48. Wife has
not raised any health issues.
The parties own a mobile home in Rolo Trailer
Court, which is currently vacant. The home is for sale and is
encumbered with a lien in favor of Postmark credit union. Each
of the parties has given an estimate as to the value of the
mobile home; however, the Master has indicated that it is
probably best to wait until the mobile home is sold so we have
accurate numbers to use for distribution after the actual sales
price and costs of sale have been realized and we have a net
sale proceeds figure. Counsel do not disagree with the Master's
approach and we are going to schedule a hearing some time in May
hoping that the mobile home will have sold and settled by that
time. The mobile home is a 1990 Sky Line Spruce Ridge.
There is an issue with respect to household
tangible personal property, namely, the value of the property
and who has retained or kept certain items of property. Counsel
are going to exchange lists and values to see if they can come
to some understanding about the value that each party received.
Mr. Walk has indicated that his client has receipts for certain
items of property to share with Mr. Bach since some of the items
which Mr. Garlinger has valued appear to be more than the
purchase price new. Mr. Bach indicated that he will review
those receipts for the purchase of the items with his client and
perhaps revise some of his values. Also, Mr. Walk has indicated
that his client has a list of certain items which Mr. Garlinger
has not included and which she believes he has received.
Each of the parties retained a vehicle at the time
of separation. Counsel, however, indicated that before a final
determination is made as to whether or not we will use values
for the vehicles in the equitable distribution computation, they
would like to confirm that specific point of view with their
respective client.
Attached to the inventory and appraisement of No.
Garlinger is a list of creditors of the parties. The Master
needs to have information at the time of the hearing as to the
amount of debt owed to each of the creditors at the time of
separation and the amount of debt currently owed at the time of
hearing. The Master will also need to have specific information
as to who paid certain items of debt. This information is
essential in order for the proper credits to be applied to each
of the parties toward that party's contribution toward paylsent
of the debt.
i
A hearing is scheduled for Monday, May 19, 1997, at
9:00 a.m. Notices will be sent to counsel and the parties.
E. Robert Elicker, II
Divorce Master
cc: James M. Bach
Attorney for Plaintiff
Bryan S. Walk
Attorney for Defendant
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6635
E. Robert Elicker, 11
Divorce Master
Traci Jo Colyer
Office Manager/Roporter
West Shore
697.0371 Ext. 6535
August 13, 1996
James M. Bach, Esquire
352 South Sporting Hill Road
Mechanicsburg, PA 17055
RE: Ronald L. Garlinger,
No. 96 - 2179
In Divorce
Dear Mr. Bach and Mr. Walk:
Bryan S. Walk, Esquire
108-112 Walnut Street
Harrisburg, PA 17101.
Jr. vs. Diane F. Garlinger
By order of Court of President Judge Harold E. Shealy
dated August 12, 1996, the full-time Master has been appointed
in the above referenced divorce proceedings.
A divorce complaint was filed on April 24, 1996, raising
grounds for divorce of irretrievable breakdown of the marriage.
The complaint raised no economic issues.
I am unable to tell from the pleadings as to whether or
not the parties are willing to execute affidavits of consent to
conclude the divorce under Section 3301(c) of the Domestic
Relations Code. Also, no economic claims have been raised
although the motion for appointment of Master indicates that
equitable distribution is an issue.
I request that counsel advise as to the status of the
grounds for divorce and raise by appropriate pleading any
economic claims which are to be considered by the Master. If I
do not hear from counsel within two weeks of todayrs date
1
1 li: l'
Mr. Bach and Mr. Walk, Attorneys at Law
13 August 1996
Page 2
regarding the grounds for divorce and economic issues, I will I'
request that the Court vacate my appointment.
i
Very truly yours, f
E. Robert Elicker, II
Divorce Master
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240.6535
E. Robert Elleker, 11
Divorce Master
Traci Jo Collor
Office Manager/Reporter
October 14, 1996
West $hero
697.0371 Ext. 6635
James M. Bach, Esquire
352 South Sporting Hill Road
Mechanicsburg, PA 17055
RE: Ronald L. Garlinger,
No. 96 - 2179
In Divorce
Bryan S. Walk, Esquire
108-112 Walnut Street
Harrisburg, PA 17101
Jr. vs. Diane F. Garlinger
Dear Mr. Bach and Mr. Walk:
After Mr. Walk's telephone call we picked up the file
from Judge Hoffer. A petition raising equitable distribution,
was filed on August 22, 1996, and therefore, I can proceed with
a directive for filing pre-trial statements as Mr. Walk has
requested.
I directing each counsel in accordance with P.R.C.P.
1920.33(b) to file a pro-trial statement on or before Tuesday,
November 12, 1996. Upon receipt of the pre-trial statements I
will immediately schedule a pre-hearing conference with counsel
to discuss the issues and, if necessary, schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTE: Sanctions for failure to file the pre-trial statements
are set forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE
MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING
COUNSEL.
RONALD L. GARLINGER,
Plaintiff
VS.
DIANE F. GARLINGER,
Defendant
TO: James M. Bach
Bryan S. Walk
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
t NO. 96 - 2179
. IN DIVORCE
, Counsel for Plaintiff
, Counsel for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover street, Carlisle,
Pennsylvania, on the 24th day of February, 1997, at 2:00 p.m.,
at which time we will review the pre-trial statements previously
filed by counsel, define issues, identify witnesses, explore the
possibility of settlement and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 11/14/96 E. Robert Elicker, II
Divorce Master
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RONALD L. GARLINGER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL, ACTION - LAW
NO. 96-2179 CIVIL 19
DIANE F. GARLINGER, ,
Defendant IN DIVORCE
ORDER AND NOTICE SETTING HEARING
To: Ronald L. Garlinger Plaintiff
James M. Bach Counsel for Plaintiff
Diane F. Garlinger Defendant
Bryan S. Walk Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the office of the Divorce Master, 9 North
Hanover Street Carlisle, Pennsylvania, on the 19th
day of MaY 1997, at _ 9•.00_ a.m, at which place and
time you will be given the opportunity to present witnesses and
exhibits in support of your case.
By the Court,
Harold E. Sheely, Presi n Judge
hate of Order and
Notice: 2/24/97 By:
Divorce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Court Administrator
Fourth Floor, East Wing
Cumberland County Courthouse
Carlisle, PA 17013
Telephone (717) 240-6200
BRYAN S. WALK
A7TORNEYAT LAW n)8-112 WALNur s9REE•r
HARRISBURG, PA 17101
May 21, 199'/ PHONE: (717) 238.3113
FAX: (717) 238.4793
E. Robert Elicker, II, Divorce Master
Office of Divorce Master
Cumberland county
9 North Hanover Street
Carlisle, PA 17013
RE: Ronald L. Darlinger, Jr. v. Diana V. Garlinger
96-2179 in Divorce
Dear Mr. Elicker:
I am writing to request a date for the master's hearing that was
cancelled for May 19th, due to the fact that the marital home in the above-
captioned matter had not been sold. As per our discussion on Friday, May
16th, I had informed your office that the closing of the mobile home was
scheduled for June. It has now been verified that the closing date for the
mobile home is June 20, 1997 at 6:00 p.m. Therefore, we anticipate the
sale of the marital home being completed on that date.
As I had informed you on May 16, 1997, my client is anxious to get
this matter resolved so that she can move forward with her life and begin
trying to obtain a place for her and her child to reside since they are
currently living with her parents. Therefore, we are respectively
requesting you set a date for the master's hearing to be held as quickly
as possible after the June 20, 1997 closing date. We would respectfully
request if at all possible that the master's hearing be scheduled for June
25, 1997 or June 24, 1997. We would prefer one of those two (2) dates if
at all possible. If those dates are unavailable, then we would like to
have this scheduled for either Monday, June 30th, July 1st or July 2nd,
1997.
We have verified that the closing is on track to happen that there
should not be any problems between now and June 20th. However, in light
of the need for time in which to schedule a master's hearing, we would
request that this date be set now so that we can get this matter wrapped
up as quickly as possible.
Thank you for your anticipated cooperation.
Sincerely,
Bryan S. Walk, Esquire
Attorney for Diane Garlinger
cc James M. Bach
May 29 ,199'1
RONALD L. GARLINGER,
Plaintiff
Vs.
DIANE F. GARLINGER,
Defendant
IN THE COURT OF COMMON PLEAS or
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-2179 CIVIL 19
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
To: Ronald L. Garlinger
James M. Bach
Diane F. Garlinger
Bryan S. Walk
Plaintiff
Counsel for Plaintiff
Defendant
Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, g North
Hanover Street Carlisle, Pennsylvania, on the 21st
day of July 1997 , at 9:00 a_.m, at which place and
time you will be given the opportunity to present witnesses and
exhibits in support of your case.
Date of Order and
Notice: 6/2/97
By the Court,
Harold E. Sheely, Presi n Judge
By: _
Divorce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Court Administrator
Fourth Floor, East Wing
Cumberland County Courthouse
Carlisle, PA 17013
Telephone (717) 240-6200
I*^, 7
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240.6535
E. Robert Elicke?, 11
Divorce Master
Trawl Jo Coyer
OtlkeManaosr/Reporter August 5, 1997
West Shore
697.0371 Ext. 6535
James M. Bach, Esquire Bryan S. Walk, Esquire
352 South Sporting Hill Road 108-112 Walnut Street
Mechanicsburg, PA 17055 Harrisburg, PA 17101
RE: Ronald L. Garlinger, Jr. vs. Diane F. Garlinger
No. 96 - 2179 Civil
In Divorce
Dear Mr. Bach and Mr. Walk:
I am writing in response to the correspondence which
counsel have exchanged regarding the status of the Garlinger
settlement negotiations.
My recollection of the meeting on July 21, 1997, is that
counsel reached a tentative settlement pending verification of
debt paid by wife and that counsel were going to either submit
stipulation and agreement or request that I schedule another
conference/ hearing to put the agreement on the record after the
verification of data.
Under no circumstances, according to the computations
which we discussed, would Mr. Garlinger be entitled to any of
the proceeds check which is currently being held by Mr. Walk.
In fact, as we discussed, Mr. Garlinger would owe a sum of money
in addition to the net proceeds check to his wife. Mr. Bach is
correct that he cannot force an agreement on his client and that
his client must make the final decision. However, Mr. Garlinger
is certainly out of bounds in expecting that he should receive
1/2 of the net proceeds check based on our discussion of the
numbers. Of course, that conclusion is reached if Mr. Walk
verifies the payment of debt by Mrs. Garlinger as shown on one
of the exhibits.
I see no recourse but to schedule the case for a hearing
which we will set as soon as I have a cancellation of one of the
cases on the schedule in September /October. In the meantime,
Mr. Back and Mr. Walk, Attorneys at Law
5 August 1997
Page 2
if Mr. Garlinger does not choose to place the funds represented
by the net proceeds check in an interest bearing account, I will
charge him the interest that would have been earned on a deposit
from the 1st of August 1997.
Traci will be in touch with counsel as soon as there is
an opening on the schedule in the next two months and I expect
that counsel will be ready to proceed immediately with a hearing
on the date that we have open.
The recollection of events that occurred on July 21,
1997, can be verified by reading my status notes in the file
which were entered immediately following the conference.
Very truly yours,
E. Robert Elicker, II
Divorce Master
RONALD L. GARLINGER,
Plaintiff
Vs.
DIANE F. GARLINGER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-2179 CIVIL 19
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Ronald L. Garlinger Plaintiff
James M. Bach Counsel for Plaintiff
Diane F. Garlinger Defendant
Bryan S. Walk Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the office of the Divorce Master, 9 North
Hanover Street, Cariisle, Pennsylvania, on the 15th day
Of _ January , 1993, at _9:00 a.m., at which place
and time you will be given tue opportunity to y present witnesses
and exhibite in support of your case.
By the Court,
Date of Order and
Harold E. Sheely, Presi n Judge
Notice: 9/2997 By: _
Divorce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Court Administrator
Fourth Floor, East Wing
Cumberland County Courthouse
Carlisle, PA 17013
Telephone (717) 240-6200
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717)240.6535
E. Robert Elickers 11
Divorce Matter
Traci Jo Colyer
Office Manager/Reporter
August 15, 1997
West Shore
697.0371 Ext. 6535
James M. Bach, Esquire Bryan S. Walk, Esquire
352 South Sporting Hill Road 108-112 Walnut Street
Mechanicsburg, PA 17055 Harrisburg, PA 17101
RE: Ronald L. Garlinger, Jr. vs. Diane F. Garlinger
No. 96 - 2179 Civil
In Divorce
Dear Mr. Bach and Mr. Walk:
Enclosed please find a proposed agreement which I ask
counsel to review with their clients. If acceptable, I request
that Plaintiff sign the original enclosed and then forward the
document to Mr. Walk for his client's signature. Counsel should
witness the signatures of their clients. Return a signed
document to me after which I will prepare an order vacating my
appointment and counsel will then be in a position to conclude
the divorce.
I request that Mr. Walk immediately file his affidavit of
consent and waiver of notice of intention to request entry of
divorce decree. Mr. Bach has had his client sign an affidavit
of consent and a waiver of notice of intention to request entry
of divorce decree which have not been filed and dated. I
request Mr. Bach's authorization to date the affidavit and the
waiver signed by his client after which we will file the
documents.
Upon receipt of the affidavits and their filing, and
receipt of the signed agreement, witnessed by counsel, I will
prepare an order vacating my appointment. Counsel will then be
Mr. Bach and Mr. Walk, Attorneys at Law
15 August 1997
Page 2
able to conclude the divorce by the filing of a praecipe to
transmit the record requesting the entry of a decree.
Very truly yours,
E. Robert Elicker,II
Divorce Master
c Enclosure
RONALD GARLINGER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
DIANA GARLINGER, CIVIL ACTION - LAW
Defendant NO. 96-2179 CIVIL TERM
IN RE: PETITION FOR SPECIAL RELIEF
ORDER OF COURT
AND NOW, this 28th day of October, 1997, a
hearing was held today on a petition for special relief filed by
both parties. Mr. Garlinger's petition was filed on October
2nd, 1997, at 3:24 p.m. and Mrs. Garlinger's petition was filed
on October 23rd, 1997, at 3:24 p.m.
Basically what was involved in this hearing today is
this: The parties during their marriage owned a trailer that
was titled in both names. The trailer was sold and the net
proceeds from the trailer's sale were in the amount of
$7,858.91, and the proceeds were payable to both parties.
There is a dispute now as to what should happen to the
proceeds. Mr. Garlinger is asking that one-half of the proceeds
be awarded to him. There is a proceeding before the Divorce
Master in which the Divorce Master is going to have to make a
proposed order of equitable distribution. The wife claims that
the money should be held and the proceeds divided as directed by
the Master.
I believe that this property is marital property. It
was acquired during the marriage, and I believe that the
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t-I proceeds of the trailer should be decided by the Master as part
of the equitable distribution in divorce, and, therefore, the
request of Mr. Garlinger that he receive at this time one-half
of the proceeds is refused.
I would direct that Mr. Garlinger execute the check.
I further direct that the money be deposited in an escrow
account by Mr. Walk. The money will remain in this account
until such time as the Master in divorce decides who gets the
money as part of the order of equitable distribution. The
request at this time for special counsel fees on behalf of Diana
Garlinger is refused.
I will also direct that the refund check in the amount
of $100.00 be signed by both parties and also be deposited in
the escrow account.
By the Court,
James M. Bach, Esquire
For the Plaintiff
Bryan S. Walk, Esquire
For the Defendant
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a old E. Shealy, P.J.
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RONALD L. GARLINGER, JR.
Plaintiff
Vs.
DIANE F. GARLINGER
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTV, PENNSVLVANIA
NO. 96-2179 CIVIL ACTION - LAW
IN DIVORCE:
Defendant and Plaintiff by and through their attorneys agree as follows:
Husband agrees to pay the following debts.
1. Loan of $1500.00 owing to husband's parents;
Husband agrees to make reasonable efforts to have wife's name removed from the debts in a
timely fashion.
Wife agrees to pay the following debts:
1. Postmark Credit Union account 4184-9200-0000-3805 $ 933.00
2. Reigler Sheinvold Counseling $ 273.00
3. PA Central Federal Credit Union
Account: 23143-024 $3038.31
Wife agrees to make reasonable efforts to have husband's name removed from the debts in a
timely fashion.
All further debts incurred by the parties shall be their individual responsibility.
Husband further agrees that the entire net proceeds from the sale of the marital residence
shall belong to wife exclusively as repayment to her for payments made on the marital debt from
the date of separation until the date of this agreement. Further, husband agrees that as full
settlement of the equitable distribution claim, husband owes wife an additional sum of $3004.00,
based upon the following calculation:
Husbands share of marital debt paid by wife from
April 1996 to present $5659.59
Husband's share of Marital Debt at present: $2872.00
$5744.00 total debt still owing
Total: $8531.59
.-/1 +
Total: $8531.59
Eusband's share of marital home proceeds $3929.45
Husband's payments on marital debt $ 848.50
Husband's share of debt he agrees to pay: $ 750.00
Total: $5528.00
Total Husband owes wife: $3004.00
This amount will be paid as follows:
a. Payment in full to wife tat time this agreement is executed or:
b. By making monthly payments in the amount of at least $100.00 per
month plus interest until paid in fill.
Should husband elect option b, then husband agrees to execute ajudgement note in regard
to this debt. Further husband warrants that should he file personal bankruptcy at any time prior to
the debt having been paid in full, he agrees that he will reaffirm the debt which is owing to wife
and will not under any circumstances attempt to discharge his liability to wife by way of
bankruptcy proceedings.
The parties have divided between them to their mutual satisfaction, personal effects,
household goods and furnishings and all other articles of personal property which have heretofore
been used in common by them, and neither party will make any claim to any such items which are
now in the possession or under the control of the other. Should it become necessary, each party
agrees to sign any title or documents necessary to give effect to this paragraph, upon request.
The parties have agreed that each will retain the vehicle in their possession and forever
give up and waive any claim in ownership of said vehicles. Should it become necessary, each party
agrees to sign any title or documents necessary to give effect to this paragraph, upon request.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby have
hereunto set their hands and seals the day and year first above written.
WITNESS:
Ronald E.. Garlinger Date
Diane F. Garlinger Date
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ani .AWalk ?CT 27 1991 LAW
IM112 WO WA Strw w
M16rrI1Eu PA 17101
, (717) 2M6113
IMM= INGER, IN THE COURT OF COMMON PLEAS
Plaintiff CUbIBERLAND COUNTY, PENNSYLVANIA
v. NO. 96-2179
CIVIL ACTION
DIANA GARLINGER,
Defendant
ORDER
AND NOW this Day of Ocr:ober it is hereby ordered that a
hearing on the Defendant's Petition for Special Relief and Counsel
Fees be held on October 26, 1997 at in Courtroom Number 2,
Cumberland County Court Of Coirvon Pleas at 3:30 pm.
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RONALD GARLINGER,
Plaintiff
V.
DIANA GARLINGER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-2179
CIVIL ACTION
PETITION FOR SPECIAL RELIEF AND FOR COUNSEL FEES
AND NOW, comes the Defendant, Diane Garlinger, by and through
her attorney, Bryan S. Walk, Esquire and files the within Petition
for Special Relief and for Counsei Fees and in support thereof
avers the following:
1. Diane F. Gar.linger is the Defendant in the divorce
action. She is represented by Attorney Bryan S. Walk.
2. Ronald Garl.inger is a n adult individual and the Plaintiff
in this divorce action. He is represented by James M. Bach,
Esquire.
3. On or about June 20, L997, the Plaintiff and Defendant
sold the marital residence for a fee of $7,858.91. This check was
made payable to both the Defendant and Plaintiff and is in the
possession of undersigned counsel awaiting Plaintiff's signature.
4. From the time of separation until present, the Defendant
has been solely responsible; for all marital debt and has continued
to make payments on all marital debt, and in fact, has paid off
several of the outstanding obLigations that were accrued during the
marriage. During this time, the Plaintiff has failed to honor his
oral promises to the Defendant to pay his share of the monthly
payment obligations.
5. From the date of filing of the divorce up and to the
present time, undersigned counsel has been in negotiation with
Plaintiff's attorney, Mr. Bach in trying to resolve the outstanding
equitable distribution issues.
6. During this negotiation process, a major issue in
resolving the equitable distribution claim was the distribution of
the net marital residence proceeds. It was Defendant's position
that the net marital resident proceeds belonged to her in full due
to the fact she has paid a substantial amount in excess of fifty
(508) percent of the net marital proceeds in payment on the marital
debt.
7. It is believed and has been agreed upon by Plaintiff and
his counsel that the Plaintiff owes the Defendant in a 50/50 split
of the marital equitable distriFhnrinn Aggnt-fl_ c..m F
approximately $3,000.00 above and beyond the proceeds from the
marital residence.
8. Defendant by and through counsel has provided the
Plaintiff with proof that the Plaintiff owes the Defendant the sum
of $3,000 more or. .less. This is the sum above and beyond the net
proceeds of the marital residence.
9. On or about July 21, L997, a master's hearing was held
before the Honorable E. Robe'.rt Elicker, II, Divorce Master of
Cumberland County. At the time of that hearing, a tentative
agreement was reached between hoth parties, whereby Plaintiff
agreed that he would sign over the net proceeds of the trailer and
pay the additional sum of approximately $3,500.00 to the Defendant
upon proof that Defendant had made the payment as represented at
the time of the master's hearing. Plaintiff by and through his
attorney requested copies of canceled checks and statements in
regard to the marital debt.
10. On or about August 2, 1997, undersigned counsel forwarded
to Plaintiff's attorney a copy of checks, etc. regarding the
marital debt payments in an itemized listing showing the amount of
the marital debt at the time the separation and the amounts from
the marital debt at the present time. This letter was provided to
undersigned counsel as proof the tentative agreement that was
reached at the master's hearing (see Exhibit A).
11. It is believed and therefore averred that the Plaintiff
by and through his Attorney, James M. Bach is attempting to force
the Defendant to pay additional legal fees in his filing a Motion
for Special Relief and has acted in a manner for no other purpose
than to simply, force the Defendant to incur large legal bills in
hopes of settling this equitable distribution issue and bring this
divorce to a conclusion. Mr. Bach and his client after reaching
tentative agreements have reneged on any subsequent finalization
of these agreements. This is done, it is believed with the express
purpose of running up the legal costs for the Defendant (see
Exhibit B -,letter dated August 1, 1997 and letters dated July 2nd
and July 29th, 1997).
12. On or about August 6, 1997, undersigned counsel received
a letter from Plaintiff's attorney in regards to the proposed
finalization of the equitable distribution issues. In that letter,
Mr. Bach indicated he was in agreement with the numbers as
Defendant had forwarded to him. (see Exhibit B-1)
13. On or about August 15, 1997, Master Flicker memorialized
the proposed agreement in writing and provided copies to both
Defendant and Plaintiff by way of the respective attorneys (see
Exhibit C - copy of the proposed agreement).
14. This agreement included the understanding that the
husband owed the Defendant $3,004.00 after deducting his share of
the net marital residence proceeds from the debt that was owing to
the Defendant.
15. On or about August 22, 1997, Attorney Bach forwarded to
undersigned counsel a letter indicating that the stipulation and
agreement was signed by him and his client, and requested that my
client and I sign it also (see Exhibit D - letter from James M.
Bach dated August 22, 1997).
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16. Mr. Bach failed to ment.Lon in his letter that he had
retyped the second page of the proposed agreement that Mr. Elicker
provided and made substantial changes to the page. He neither
mentioned in his letter that the changes were made or that the
agreement had been amended.
17. Mr. Bach attempted to, by way of deceitful tactics, to
obtain a signature by the Defendant on an agreement that was not
the same agreement that was forwarded to counsel by Master Elicker
(see Exhibit E - copy of a Letter dated August 22, 1997 and the
enclosed stipulation and agreement bearing Mr. Bach's signature and
Mr. Gar,linger's signature.
18. On or about September 8, 1997, a letter was forwarded to
Mr. Bach by undersigned counsel in regard to the deceptive manner
in which Mr. Bach had attempted to settle this equitable
distribution issue (see Exhibit G - letter dated September 8,
1997).
19. A master's hearing to try and resolve these issues has
been scheduled for January 15, 1998 at 9:00 a.m. in front of the
Honorable E. Robert Elicker. At the time of this master's hearing,
undersigned counsel will present evidence and request a equitable
distribution split of sixty (60'+1) percent for the Defendant and
forty (40'd) percent for the Plaintiff and request that the
Plaintiff make the necessary payments in full.
20. It is believed and theref
by and through his attorney, James
nothing more than run up additional
by filing frivolous motions, such as
for the net proceeds of the chock.
21. It should be noted that at
)re averred that Mr, Garlinger
M. Bach are attempting to do
legal costs for the Defendant
the Motion for Special Relief
the time of the settlement of
the marital residence and the sale of the marital residence, Mr.
Bach threatened to advise his client not to show up at settlement
unless he was to receive his share of the money so that his bill
could be paid. He threatened to advise his client to avoid
honoring a legal contractual agreement simply because his client
had not paid him his fee. Mr. Garlinger did appear but refused to
sign the check as had been agreed upon prior to the settlement
date.
22. It should be noted that prior to the settlement date it
was agreed that the check would be signed and deposited into,an,
escrow account which undersigned counsel would set, up until the,''
time and place of the final equitable distribution issues,h'ad be6a
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resolved. At that time, depending on the Court's decigionipthq' i
money would be disbursed. "I!yttNs
23. Mr. Bach is attempting to force a settlement agi':"
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equitable distribution claims without first litigating the alai.
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24. Mr. Bach is attempting through this frivolous Nptigtl v?a?i
Special Relief to force a 50/50 split of the net marital psgCeeds.'
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He is making an assumption that his client is entitled to a 50/50
split. However, undersigned counsel is of the position that his
client is not entitled to any proceeds from the sale of the marital
home.
25. Mr. Bach and his client have agreed that the proceeds of
the marital home belong to the Defendant, not the Plaintiff. This
has been borne out through the exhibits attached and by numerous
conversations with undersigned counsel in the negotiating phase of
this divorce. Now at such a late date, Mr. Bach is attempting to
void a previous agreement and use trickery and deception in
achieving his means. Fie has filed a frivolous motion without legal
basis in hope of gaining money that he has agreed his client is not
rightfully entitled to.
25. Mr. Bach has repeatedly threatened that his client would
file bankruptcy and that the Defendant would receive no money from
the Plaintiff if she did not acquiesce to his demands. It should
be noted that the money the Plaintiff has agreed as owing to
Defendant cannot be termed alimony, and thus be protected from the
bankruptcy courts, unless it is ordered by the court or unless the
Plaintiff agrees. It is apparent from the comments made by Mr.'
Bach in previous discussions that he and his client will file
bankruptcy so that his client can avoid paying Mr. Garlinger ally
monies dtte and owing from the marriage.
.
A'A
27. Mr. Bach has stated in a letter that he would urge his
client to go bankrupt and that she would have to pay the full debt
herself (see Exhibit: G - letter dated July 181 1996).
.
28. It is believed and t:her.efore averred that this Petition
filed by the Plaintiff for spec:-ial relief is nothing more than a
frivolous motion disguised as an attem pt to force the Defendant to
incur additional legal exp ense;, by appearing at a hearing in
relation to this Motion. It. i:, further believed and therefore
averred that this court should rule that the check be signed by the
Plaintiff and be placed into escrow as had been agreed upon in the
past and further order that the amount of monies that is due and
owing to the Defendant be taken out of the proceeds of the trailer
to insure a fair and just resolution this divorce.
29. It is believed and therefore averred that if the
Plaintiff received any money from the net proceeds of the check
from the sale of the marital residence, the Defendant will suffer
undue prejudice and irreparable harm at the time ultimate equitable
distribution issues are resolved. This will happen in light of the
fact that the Plaintiff has refused to honor his obligations and
has threatened bankruptcy on numerous occasions.
30. A hearing on the Plaintiff's Petition for Special Relief
is scheduled for October 28, 1997 in front of this Honorable Court.
It is respectfully requested that the Defendant's Motion be heard
at the same time as the Plaintiff's Motion for the sake of judicial
economy.
31. It is believed and therefore averred that the Plaintiff
should be responsible for attorney fees for filing a frivolous
motion based upon substantiated facts in light of the averments set
forth in this Petition for Special. Relief.
WHEREFORE, Defendant respectfully requests this Honorable
Court grant its Motion for Summary Relief and order that the
Plaintiff sign the check immediately so that the monies can be
placed in escrow until the equitable distribution issues are
resolved in this Honorable Court, and further orders that the
Plaintiff is hereby responsible for attorney fees in the sum of
$1,000.00.
Respectfully submitted,
Br, an S. Walk, Esquire
108-112 Walnut Street
Harrisburg, PA 17101
I.D.B63881
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RONALD GARLINGER,
Plaintiff
V.
DIANA GARLINGER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY; PENNSYLVANIA
NO. 96-2179
CIVIL ACTION
CERTIFICATE OF SERVICE
I hereby certify that on theday of October, 1997, I
served by first class mail a copy of the Defendant's Petition for
Special Relief and Counsel Fees upon the person named below, in
accordance with the applicable Rules of Procedure, addressed as
follows:
James M. Bach, Esquire
352 South Sporting Hill Road
Mechanicsburg, PA 17055
rya S. alk
orney ID No. 63881
108-112 Walnut Street
Harrisburg, PA 17101
(717) 238-5113
'
EXHIBIT A
l
FILE COPY
BRYAN S. WALK
A770RW AT LAW 108-112 WALNUT 5TRH:'r
HARRISBURG, PA 17101
PHONE: (717) 238.5113
FAX: (717) 238.4793
August 2, 1997
James M. Bach, Esquire
352 S. Sporting Hill Road
Mechanicsburg, PA 17055
Re: Gorlinger v Garlinger
96-2179-Divorce
Dear Mr. Bach:
Enclosed, please find topics of checks, etc. regarding the marital debt payments. If there is
any information missing I am providing you with a list of the marital debt as of separation and the
balances as of April 1, 1996 when your client refused to contribute to any additional payments.
CREDITOR BALANCE DUE PRESENT
AS OF 4-1-96 BALANCE
1. Postmark Credit Union $8471.09
2. Postmnrk Credit Union $1131.13
Account fl: 4184.9200.0000.3805
3. PA. Central Federal Credit Union $5257.06
Account H: 23143-024
4. PA. Central Federal Credit Union $466.26
Account U: 23143-034
5. PA. Central Federal Credit Union $446.75
(VISA)
Account ll: 4109.7300.0002.7601
6. Rcigler-Sheinvold Counseling $662.50
7. Family EnrichmcntServices $351.12
$0
( includes $6094 42 payoff
Paid lit time of sale)
$933.00
AMOUNT
PAID BY MRS.
GARLINGER
$3672.45 includes interest
$498.13
$3038.31 (6-30.97) $2866.37 includes interest
$0(final payment $473.01 includes intercat
7.9.96)
$0 S446.75 plus interest
$272.30 $390.00
$0 5331.12
y
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Juno Bach
Ausdst2,1997
pose two
8. Sous $139.38
9. boscov's 5124.76
10. Rolo Court- Lot Rent $230.00 /month for 4.1.96 to
12.1-96
1 Mat Rent Tate Fee (00.96) $24.00
12. Home Owner's hrs. $52.00
Pald 10/30/96
Check #622
13. County Real Estates Taxes $68.07
Paid check 0649
14. Home Owners Insurance 552.25
Check # 700
15. Real Estate Tares $320.89
Check #716
TOTAL:
Divided by Two-
so $139.38
$0 $124.76
$1840.00
$24.00
552.00
$68.07
$52.25
$320.89
$11319.18
$ 5659.59
Sincerely,
fry a nS. Wa!k
t
BRYAN S. WALK
ATTORNEYAT LAW 108.112 WALNUT STRLLT
HARRISBURG, PA 17101
PHONU: (717) 238.5113
PAX: (717) 238.4793
August 2, 1997
Robert E. Elicker, 11, Esq.
Divorce Master
9 North Hanover Street
Carlisle, PA 17013-3014
Re: Garlinger v Garlinger
96-1179-Divorce
Dear Master Elickcr:
In light of Mr. Bach's letter dated August 1, 1997, we are hereby requesting that a
Master's Hearing be scheduled as soon as possible. It stems apparent to me that Mr, Garlinger
does not wish to reach agreement as proposed but wishes to litigate this matter.
Please contact me to schedule a convenient time for the hearing to be held.
Sincerely,
ryan S. Walk, Esquire
cc
James M. F3ach, Esquire
352 S. Sporting Hill Road
Mechunicsb{ug, PA 17055
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JAMES M. BACH
Attornev At Law
352 S. Sporting Hill Rd.,
17055, Tel: (717) 737.2033
August 1, 1997
BRYAN S. WALK, FSQ.
108.114 WALNUT STREI I'
IIARRISBURG, PA 17101
RE. GarlJnger vs. Garlinger
96-2179 (1n Divorce)
Dear Attorney Walk:
I am writing in regard to your letter dated Jul), 29, 1997. You apparently do not
understand the concept that clients are the final decision makers in the legal adversarial process.
In my discussions with you, notwithstanding any suggestions I may have or make, my
client will make, and does make, the final decision. It is abundantly clear to me that you
attempt to construe my words and phrases as agreements, when in fact, 1 have told you
repeatedly that everything I say is subject to client approval.
I am very disappointed at the great length of time you took to meet with your client in
Carlisle.. On the date and time set for us to proceed with the Master's hearing, you spent in
excess of two and one-half hours in cont'ercncc with your client. You were not prepared with
physical evidence of payments made on account and/or payments on debt. I find this
regrettable, as my client incurred attorney fees simply to have me there while you were engaged
in conference with your client. 1 do not want a repeat of that conduct.
Next, 1 do not want you to call anything an agreement between you and 1, unless it is in
writing and signed by both clients. 1 trust I have made myself sufficiently clear.
Respectfully,
JA S M. BA C11
Attorney-al-Law
JUBleg
ce: Special Master E icker
Air. Ronald Garlinger
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JAMES M. BACH
Attorney At Law
352 S. Sporting Hill Rd., Mechanicsburg, PA 17055, Tel: (717) 737.2033
August 6, 1997
E. ROBERT FLICKER, II
OFFICE OF DIVORCE MASTER
CUMBERLAND COUN'T'Y COURT OF COMMON PLEAS
9 NORTH HANOVER STREET
CARLISLE, PA 17013
RE: Ronald L. Garlinger, Jr, vs. Diane F. Garlinger
No. 96-2179 Civil
In Divorce
Dear Mr. Elicker:
I am in receipt of your letter dated the 5`I' day of August, 1997.
I have received verification of debts paid by wife on August 5, 1997.
I am satisfied that we can have you place a recommendation of record at this
time. I believe the numbers are the same numbers that you have placed in your status
notes.
Accordingly, I am now sending a copy of this letter to Attorney Walk with the
understanding that you will be providing a final Master's Report.
On the matter of divorce, my client has signed the necessary affidavit and
waiver, and Attorney Walk indicated on July 21, 1997 that he would be mailing his
clients to you shortly.
All things being equal, and the Master having received from both parties the
necessary affidavit of consent and waiver, then the Master will proceed with a
recommended order in accordance with his status notes of July 21, 1997. III, ii li us?l.)
4?
I am asking Attorney Walk by way of a copy of this letter to respond to each of
us if he disagrees with anything herein.
i
If the Master does not receive an objection from Attorney Walk, and the Master
has all waivers and consents necessary for a final decree in divorce, then the Master
should proceed with his written recommendations.
Respectfully,
AMES M. BACH
Attorney-at-Law 1 .1
JMB/jm
cc: Bryan S. Walk, Esquire
Ronald L. Garlinger
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EXHIBIT C
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240.6535
K. Robert Ellckorr 11
Divorce Master
Traci Jo Colyer
Office Manager/Reporter
August 15, 1997
West Share
697.0371 Ext. 6536
James M. Bach, Esquire Bryan S. Walk, Esquire
352 South Sporting Hill Road 108-112 Walnut Street
Mechanicsburg, PA 17055 Harrisburg, PA 17101
RE: Ronald L. Garlinger, Jr. vs. Diane F. Garlinger
No. 96 - 2179 civil
In Divorce
Dear Mr. Bach and Mr. Walk:
Enclosed please find a proposed agreement which I ask
counsel to review with their clients. If acceptable, I request
that Plaintiff sign the original enclosed and then forward the
document to Mr. Walk for his client's signature. counsel should
witness the signatures of their clients. Return a signed
document to me after which I will prepare an order vacating my
appointment and counsel will then be in a position to conclude
the divorce.
I request that Mr. Walk immediately file his affidavit of
consent and waiver of notice of intention to request entry of
divorce decree. Mr. Bach has had his client sign an affidavit
of consent and a waiver of notice of intention to request entry
of divorce decree which have not been filed and dated. I
request Mr. Bach's authorization to date the affidavit and the
waiver signed by his client after which we will file the
documents.
Upon receipt of the affidavits and their filing, and
receipt of the signed agreement, witnessed by counsel, I will
prepare an order vacating my appointment. counsel will then be
Mr. Bach and Mr. Walk, Attorneys at Law
15 August 1997
Page 2
able to conclude the divorce by the filing of a praecipe to
transmit the record requesting the entry of a decree.
Very truly yours,
E. Robert Elicker,II
Divorce Master
: Enclosure
RONALD L. GARLINGER, JR.,
Plaintiff
vs,
DIANE F. GARLINGER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96 - 2179 CIVIL
IN DIVORCE
DEFENDANT AND PLAINTIFF BY AND THROUGH THEIR ATTORNEYS AGREE AS
FOLLOWS:
Husband agrees to pay the following debts.
Loan of $1,500.00 owing to husband's parents;
Husband agrees to make reasonable efforts to have wife's name removed from the debts In a
timely fashion.
Wife agrees to pay the following debts:
1. Postmark Credit Union account 4184-9200.0000.3805 $ 933.00
2 Reigler Sheinvold Counseling $ 273.00
3. PA Central Federal Credit Union account 23143-024 $3,03831
Wife agrees to make reasonable efforts to have husband's name removed from the debts in a
timely fashion.
All further debts incurred by the parties shall be their individual responsibility,
Husband futher agrees that the entire net proceeds from the sale of the marital residence
shall belong to wife exclusively as repayment to her for payments made on the marital debt from
the date of separation until the date of this agreement. Futher, husband agrees that as full
settlement of the equitable distribution claim, husband owes wife an additional sum of $3,004.00,
based upon the following calculations.
Husband's share of marital debt paid by wife from
April 1996 to present $5,659.59
Husband's share of marital debt at present $2,872.00
$5,744.00 total debt still owing
TOTAL $8,631.59
Husband's share of marital home proceeds $3,929.45
Husband's payments on marital debt $ 848.50
Husband's share of debt he agrees to pay $ 750.00
TOTAL $5,528.00
TOTAL HUSBAND OWES WIFE $3,004.00
This amount will be paid as follows;
a) Payment in full to wife at time this agreement is executed or,
b) By making monthly payments In the amount of at least $700.00
per month plus Interest until paid In full
Should husband elect option b, then husband agrees to execute a judgment note in
regard to this debt. Futher, husband warrants that should he file personal bankruptcy at any time
prior to the debt having been paid In full, he agrees that he will reaffirm the debt which Is owing to
wife and will not under any circumstances attempt to discharge his liability to wife by way of
bankruptcy proceedings.
The parties have divided between them, to their mutual satisfaction, personal effects,
household goods, and furnishings and all other articles of personal property which have
heretofore been used in common by them, and neither party will make any claim to any such
items which are now In the possession or under the control of the other. Should it become
necessary, each party agrees to sign any title or documents necessary to give effect to this
paragraph, upon request.
The parties have agreed that each will retain the vehicle In their possession and forever
give up and waive any claim in ownership of said vehicle. Should it become necessary, each
party agrees to sign any title or document necessary to give effect to this paragraph, upon
request.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby have
hereunto set their hands and seals the day and year first above written.
WITNESS;
RONALD L. OARLINOER DATE
DIANE F. OARLINOER DATE
6,
JAMES M. BACH
Attorney At Law
352 S. Sporting Hill Rci., Mechanicsburg, PA 17055, Tel: (717) 737.2033
August 22, 1997
MR. BRYAN S. WALK
ATTORNEY-AT-LAW
108-112 WALNUT STREET
HARRISBURG, PA 17101
RE: Garlinger v. Garlinger Custody Modification
Dear Attorney Walk:
Enclosed herewith please find a stipulation and agreement signed by Ronald
Garlinger and witnessed by me.
I understand that you will send this to Divorce Master Flicker after your client
signs it,
Please send me a copy of your letter of transmittal.
I am also returning the stipulation regarding custody herewith.
Respectfully,
MES M. BACH
Attorney-at-Law
JMB/jm
Encl: Stipulation and Agreement
cc: Mr. Ronald Garlinger
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JAMES M. BACH
Attorney At Law
352 S. Sporting Hill Rd., Mechanicsburg, PA 17055, Tel: (717) 737.2033
August 22, 1997
MR. BRYAN S. WALK
ATTORNEY-AT-LAW
108-112 WALNUTSTREET
HARRISBURG, PA 17101
RE: Garlinger v. Garlinger Custody Modification
Dear Attorney Walk:
Enclosed herewith please find a stipulation and agreement signed by Ronald
Garlinger and witnessed by me.
I understand that you will send this to Divorce Master Elicker after your client
signs it.
Please send me a copy of your letter of transmittal.
I ant also returning the stipulation regarding custody herewith.
Respectfully,
MES M. BACH
Attorney-at-Law
JMB/jm
Encl: Stipulation and Agreement
cc: Mr. Ronald Garlinger
RONALD L. GARLINGER, JR.,
Plaintiff
vs.
DIANE F. GARLINGER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
; NO. 96 - 2179 CIVIL
IN DIVORCE
DEFENDANT AND PLAINTIFF BY AND THROUGH THEIR ATTORNEYS AGREE AS
FOLLOWS:
Husband agrees to pay the following debts:
Loan of $1,500,00 owing to husband's parents;
Husband agrees to make reasonable efforts to have wife's name removed from the debts In a
timely fashion.
Wife agrees to pay the following debts:
1. Postmark Credit Union account 4184-9200.0000-3805 $ 933.00
2. Reigler Sheinvold Counseling $ 273.00
3. PA Central Federal Credit Union account 23143-024 $3,038.31
Wife agrees to make reasonable efforts to have husband's name removed from the debts in a
timely fashion
All further debts incurred by the parties shall be their individual responsibility,
Husband futher agrees that the entire net proceeds from the sale of the marital residence
shall belong to wife exclusively as repayment to her for payments made on the marital debt from
the date of separation until the date of this agreement Futher, husband agrees that as full
settlement of the equitable distribution claim, husband owes wife an additional sum of $3,004.00,
based upon the following calculations:
Husband's share of marital debt paid by wife from
April 1996 to present
Husband's share of marital debt at present:
$5,744.00 total debt still owing
TOTAL
Husband's share of marital home proceeds
Husband's payments on marital debt
Husband's share of debt he agrees to pay
TOTAL
TOTAL HUSBAND OWES WIFE
$5.65959
$2,872.00
$8,531.59
$3,929.45
$ 848.50
S 750.00
$5,528.00
$3,004.00
This amount will be paid as follows;
a) Payment if full to wife at time this agreement is executed or,
b) By making monthly payments in the amount of at least $50.00
per month plus interest until paid in full.
The parties have divided between them, to their mutual satisfaction, personal effects,
household goods, and furnishings and Lill other articles of personal property which have
heretofore been used in common by them, and neither party will make any claim to any such
items which are now in the possession or under the control of the other. Should it become
necessary, each party agrees to sign any title or documents necessary to give effect to this
paragraph, upon request,
The parties have agreed that each will retain the vehicle in their possession and forever
give up and waive any claim in ownership of said vehicle. Should it become necessary, each
party agrees to sign any title or document necessary to give effect to this paragraph, upon
request.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby
have hereunto set their hands and seals the day and year first above written.
WITNESS;
DIANE F. GARLINGER DATE
BRYAN S. WALK Ff `??
A7TURNGYAT LAN 108.112 wALNtfr S1RElir
HARRISBURG, PA 17101
PHONE: (717) 238.3113
September 8, 1997 FAX: (717) 238.4793
James M. Bach, Esquire
352 South Sporting Hill Road
Mechanicsburg, PA 17055
Dear Mr. Bach:
I have received the stipulation and agreement concerning the
property settlement that you forwarded to me on or about August 22,
1997. I cannot help but notice that the second page of this
agreement is somewhat different than the stipulation the Master
forwarded to us for signatures. Please be advised that the
agreement which has unilaterally been changed by you, is not
acceptable to my client.
On beha.lf of my client, we insist that your client pay the
balance that is owing before this agreement is memorialized as a
full settlement to this case. Although, I do appreciate your
client's agreeing to the financial settlement, your client has
obviously neglected to indicate how he will make the payments.
$50.00 a month, plus interest until the debt is paid in full is not
acceptable.
We are requesting that as part of any settlement, that your
client agree that this debt will not be discharged in bankruptcy
proceedings and that he sign a :judgment note to secure this debt.
Further, we. are requesting that your client agree that should he
file banY.r.uptcy in this maLLer, that any amount owing would be
deemed alimony and support, and thus, would riot be applicable under
the bankruptcy discharge procedures.
My client insists that she be protected from your client's
apparent attempt to possibly file bankruptcy in this matter to
avoid the debt that: is owing. If this is not agreeable to your
client, my client has instructed me to move forward with a master's
hearing in this case:. I have contacted Mr. Elicker to ask him to
schedule this matter as soon as possible for a master's hearing.
Please be advised that should this matter proceed to a master's
hearing, we will he attempting to claim more than a 50/50 split of
the assets, we will request no less than a 60/40 split due to your
client's abusive conduct towards my client during the marriage and
due to the other grounds for divorce that we have raised.
We do not wish to proceed down this road and enforce the
parties to incur addition legal expense. However, your client must
agree that this debt owing to my client will be secure with
payment. The simplest way to do that is to have your client pay
the amount owing at the time this settlement 'is formalized into an
agreement.
It is our position that your client will be able to secure a
loan to make the payment and that would certainly end this matter
once and for all. I should remind you that was a option certainly
proposed by the master at the time of the last meeting. It would
be a easy option for your client to pursue.
Also, please be advised as of this date, your client has still
not signed the check in regard to the proceeds from the sale of the
marital residence, so that it could be deposited into the account.
I expected to have your client contact me immediately to sign these
documents so that they can be. placed in escrow.
If your client refuses to do so, I will be forced to file a
petition for special relief with the court. If this is done I will
certainly seek attorney fee's incurred in this matter.
I must insist once again that your client sign the check
immediately so that we may deposit it as required. Please have
your client contact me as soon as possible to do so'. If I do not
receive a response from you within five (5) days from the date of
this letter, I will assume that you are not willing to reach an
agreement in this matter, and thus, I will be forced to move
forward with the necessary hearings in front of the master and to
seek an increase in the equitable distribution from our current
position.
Thank you for your anticipated cooperation in this matter.
Sincerely,
Bryan S. Walk, Esquire
I,,,
352 S. Sporting Hill Road
Mechanicsburg, PA 17066
Attorney at Lew
Bryan S. Walk, Esq.
108-112 Walnut Street
Harrisburg, PA 17101
July 18, 1996
RE:
Dear Bryan:
fib ?
Fe
JAMES M. BACH
Tel: (717) 737.2033
GARLINGER vs. GARLINGER
96-2179 Civil Term
This will confirm our telephone conversation of this date,
wherein we had a conference call between yourself, myself and
my client.
The record should reflect that my client will pay the lot
rent, your client will pay the mobile home bill, In addition
to the lot rent, my client does not anticipate being able to
provide much support at this time toward the other obligations.
He indicated he would check his finances and if there is a
reasonable degree of balance in his financial life he would
contribute something toward the bills.
In any event, it was agreed that upon sale of the mobile
home, before any proceeds are distributed to anyone, the bills
would be paid. I believe this memorializes our various
conversations and agreements of this date.
I know your client is not happy with the financial
circumstances, but she married a man with very limited financial
means and this she must recognize and live with.
If your client persists in pursuing financial support for
the current debts, then I will urge my client to go bankrupt
and she will have to pay the full debt herself.
I am hopeful this case will be resolved in the very near
future.
Lastly, I see absolutely no valid reason why these parties
should not be divorced. I do believe a divorce will enable
them to get along better with each other.
We anxiously await the post-nuptial agreement from your
office as it contains the custody and visitation provisions
we are waiting for.
Respectfully,
S M. BACH
torney-at-Law
JMB/eg
cc: Mr. Ronald, Garlinger
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OURT OF C
PLAINTIFF/RESPONDENT tCUNBERLAND COUNTY, PENNSYLVANIA
I
Va. t No. 96-2179 CIVIL ACTION
I
DIANE F. OARLINOER, t
DEFENDANT/PETITIONAERtIN DIVORCE
AND NOW, on this 11" day of ?') ?_j j Wv , 1997, upon
consideration of the within PETITION FOR SPECIAL RELIEF, a
hearing will be held on the day of 1997, in
Court Room,?in the Court of Common Please of Cumberland, County,
Carlisle, PA at .LL.;a .M./p.m.
BY THE COU
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RONALD L. GARLINGER, :IN THE COURT OF COMMON PLEAS OF
PLAINTIFF/RESPONDENT :CUMBERLAND COUNTY, PENNSYLVANIA
:
Va. c No. 96-2179 CIVIL ACTION
c
DIANE F. GARLINGER, :
DEFENDANT/PETITIONAER:IN DIVORCE
AND NOW, comes the Plaintiff, Ronald L. Garlinger, by his
attorney, JAMES M. BACH, ESQUIRE, and files the within PETITION
FOR SPECIAL RELIEF:
1. Ronald L. Garlinger is an adult individual and the Plaintiff
in this divorce action. Ronald L. Garlinger is represented by
James M. Bach.
2. Diane F. Garlinger is an individual and a Defendant in this
divorce action. Diane F. Garlinger is represented by Attorney
Brian Walk.
3. Sometime in June of 1997 the parties sold a jointly-owned
mobile home. The approximate net proceeds of this mobile home
was $7,000.00.
4. The proceeds check from the sale of the Jointly-owned marital
home was a check made in the name of Ronald L. Garlinger and
Diane F. Garlinger.
5. Diane F. Garlinger refuses to sign said check and turn over
one half of the proceeds to Ronald L. Garlinger.
P1.
6. Ronald L. Garlinger is entitled as a matter of law to receive
one half of the proceeds check notwithstanding any subsequent
claim, charges, etc, she is raising or will raise in the
equitable distribution portion of this case.
7. Special Master Robert Elicker has been appointed to divide and
distribute the marital assets and debts. Special Master
Robert Elicker does not have authority to compel Diane F.
Garlinger to sign this check in order for Ronald L. Garlinger
to receive his one half of the net proceeds.
WHEREFORE, Ronald L. Garlinger prays that court order and
direct that both parties, that is Ronald L. Garlinger and Diane
F. Garlinger sign the net proceeds check and divide the net
proceeds check among themselves at the time of said signing.
Respectfully submitted,
DATE 9" 2 G ^ 9 9
BY
ES M. BACH, ESQUIRE
Attorney I.D.# 18727
352 S. Sporting Hill Rd.
MECHANICSBURG, PA 17055
(717)737-2033
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BRYAN S. WALK
ATTORNEY AT LAW ION-112 WALNUT STRI+T
HARRISBURG. PA 17101
1 PHONE: (717) 230113 j
Ir PAX: (717) 238.4791
September 4, 1997
i
E. Robert Elicker, II
Divorce Master
Cumberland County Court of Common Pleas
9 North Hanover Street
Carlisle, PA 17013
R8: Ronald Garlinger v. Diane Garlinger
No. 96-2179 Civil in Divorce
Dear Mr. Elicker:
As per my previous telephone calls, I am respectfully requesting that
your office schedule a master's hearLuq to be held in the above-captioned
matter.
On or about August 15, 1997, 1 received from your office a proposed
stipulation in regards to the above-capt.ioned matter. This stipulation was
forwarded to myself and opposing counsel, Mr. James 9ach. On or about
August 22, 1997, I received from Mr. Bach a copy of the stipulation signed
by his client. Upon closer review, however, Mr. Bach retyped the second
page of the stipulation to take out any language referring to bankruptcy
and payment of the debt as set forth in the original stipulation. This was
forwarded to me without any incitcation that it was being revamped and
amended.
On or about September 8, 1997, I forwarded Mr. Bach a letter
regarding his changes and his position on this proposed stipulation and
settlement. I have enclosed a copy cf that letter also. As of this date,
I have not heard from Mr. Bach in regards to this matter and I am assuming
that he is not willing to agree to the
E. Robert Elicker, II
September 29, 1997
Page Two
stipulation as set forth in your original proposal. In light of Mr. Bach's
position on this, it would seem apparent that we have no choice but to move
forward with a master's hearing. My client has attempted to be
accommodating in working out a settlement to this situation but our efforts
seem to be mcot at this point.
It seems to me that the major sticking point in this as a guarantee
from Mr. Bach and his client, that they will not file bankruptcy and if
they do, they will not include this debt in the bankruptcy petition. We
would prefer to have this amount of money paid in full at the time of
settlement, however, it appears Mr. Garlinger is unwilling to choose that
option. I believe these options are certainly the best way to resolve this
matter, however, it is apparent that Mr. Garlinger does not wish to resolve
this matter but is instead willing at least from our position, to file
bankruptcy upon settlement of this divorce and discharge the amount that
is owing Mrs. Garlinger through the bankruptcy procedures.
4
However, as we have stated on numerous occasions, this is not
acceptable to us.
Therefore, please schedule a master's hearing as you had indicated
you would as soon as possible in this matter so that we can have this
matter proceed quickly and efficiently. I do not believe my client and I
have any other choice but to proceed with a full master's hearing in light
of Mr. Garlinger's recent actions.
Thank you for your attention to this matter.
Sincerely,
Bryan S. Walk, Esquire
cc: Diane Garlinger
James M. Bach, Esquire
RONALD L. GARLINGER, JR.,
Plaintiff
VS.
DIANE F, GARLINGER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96.2179 CIVIL
IN DIVORCE
DEFENDANT AND PLAINTIFF BY AND THROUGH THEIR ATTORNEYS AGREE AS
FOLLOWS:
Husband agrees to pay the following debts:
1. Loan of $1,500.00 owing to husband's parents;
Husband agrees to make reasonable efforts to have wife's name removed from the debts in a
timely fashion.
Wife agrees to pay the following debts:
1 Postmark Credit Union account 4184-9200-0000-3805 S 933.00
2. Reigler Sheinvold Counseling S 273.00
3, PA Central Federal Credit Union account 23143-024 $3,038.31
Wife agrees to make reasonable efforts to have husband's name removed from the debts in a
timely fashion.
All further debts incurred by the parties shall be their individual responsibility.
Husband futher agrees that the entire net proceeds from the sale of the marital residence
shall belong to wife exclusively as repayment to her for payments made on the marital debt from
the date of separation until the date of this agreement. Futher, husband agrees that as full
settlement of the equitable distribution claim, husband owes wife an additional sum of $3,004.00,
based upon the following calculations:
Husband's share of marital debt paid by wife from
April 1996 to present 55,659.59
Husband's share of marital debt at present: $2,872.00
$5,744.00 total debt still owing
TOTAL S8,531.59
Husband's share of marital home proceeds $3,929.45
Husband's payments on marital debt S 848.50
Husband's share of debt he agrees to pay S 750.00
TOTAL $5,628.00
TOTAL HUSBAND OWES WIFE $3,004.00
r
V
This amount will be paid as follows;
a) Paymcnt if full to wife at time this agreement is executed or,
n
b) By making monthly payments in the amount of at least $50.00
per month plus interest until paid in full.
The parties have divided between them, to their mutual satisfaction, personal effects,
household goods, and furnishings and all other articles of personal property which have
heretofore been used in common by them, and neither party will make any claim to any such
items which are now in the possession or under the control of the other. Should it become
necessary, each party agrees to sign any title or documents necessary to give eftect to this
paragraph, upon request.
The parties have agreed that each will retain the vehicle in their possession and forever
give up and waive any claim in ownership of said vehicle. Should it become necessary, each
party agrees to sign any title or document necessary to give effect to this paragraph, upon
request.
IN WITNESS WHEREOF, the parties hereto, intending to b,: legally bound hereby
have hereunto set their hands and seats the day and year first above written.
WITNESS;
RONALD L. rlN.VR DATE
1
r
DIANE F. GARLINGER DATE +?
+.
V
1
JAMES M. BACH
Attorney At Law
352 S. Sporting Hill Rd., Mechanicsburg, PA 17055, Tel: (717) 737.2033
August 22, 1997
MR. BRYAN S. WALK
ATTORNEY-AT-LAW
108-112 WALNUT STREE'C
HARRISBURG, PA 17101
RE: Garlinger v. Garlinger Custody Modification
Dear Attorney Walk:
Enclosed herewith please find a stipulation and agreement signed by Ronald
Garlinger and witnessed by me.
I understand that you will send this to Divorce Master Elicker after your client
signs it.
Please send me a copy of your letter of transmittal.
I am also returning the stipulation regarding custody herewith.
Respectfully,
`}
MES M. BACH
Attorney-at-Law
JMB/jm
Encl: Stipulation and Agreement
cc: Mr. Ronald Garlinger
BRYAN S. WALK
ATTORNEYAT LAIV
September 6, 1997
James M. Bach, Esquire
352 South Sporting Hill Road
Mechanicsburg, PA 17055
Dear Mr. Bach:
HL E Copy
108112 WALNIPI' STREET
HARRISBURG, PA 17101
PHONE: (717) 2383113
FAX: (717) 238.4793
I have received the stipulation and agreement concerning the
property settlement that you forwarded to me on or about August 22,
1997. I cannot help but notice that the second page of this
agreement is somewhat different than the stipulation the Ma ster
forwarded to us for signatures. Please be advised that the
agreement which has unilaterally been changed by you, is not
acceptable to my client.
On behalf: of my client, we insist that your client pay the
balance that is owing before this agreement is memorialized as a
full settlement to this case. Although, I do appreciate your
client's agreeing to the financial settlement, your client has
obviously neglected to indicate how he will make the payments.
$50.00 a month, plus interest until the debt is paid in full is not
acceptable.
We are requesting that as part of any settlement, that your
client agree that this debt will not be discharged in bankruptcy
proceedings and that he sign a judgment note to secure this debt.
Further, we are requesting thaL your client agree that should he
file bankruptcy in this matter, that any amount owing would be
deemed alimony and support, and thus, would not be applicable under
the bankruptcy discharge procedures.
My client insists that she be protected from your client's
apparent attempt to possibly file bankruptcy in this matter to
avoid the debt that is owing. If this is not agreeable to your
client, my client. has instructed me to move forward with a master's
hearing in this case. I have contracted Mr. Flicker to ask him to
schedule this matter as soon as possible for a master's hearing.
Please be advised that should this matter proceed to a master's
hearing, we. wi..l.l. be attempting to claim more than a 50/50 split of
the assets, we will request no less than a 60/40 split due to your
client's abusive conduct towards my client during the marriage and
due to the other grounds for divorce that we have raised.
We do not wish to proceed down this road and enforce the
parties to incur addition legal expense. However, your client must
agree that this debt owing to my client will be secure with
payment. The simplest way to do that is to have your client pay
the amount owing at the time this settlement is formalized into an
agreement.
It is our position that your client will be able to secure a
loan to make the payment and that would certainly end this matter
once and for all. I should remind you that was a option certainly
proposed by the master at the time of the last, meeting. It would
be a easy option for your client to pursue.
Also, please be advised as of this date, your client has still
not signed the check in regard to the proceeds from the sale of the
marital residence, so that it could be deposited into the account.
I expected to have your client contact me immediately to sign these
documents so that they can be placed in escrow.
If your client refuses to do so, I will be forced to file a
petition for special relief with the court. If this is clone I will
certainly seek attorney fee's incurred in this matter.
I must insist once again that your client sign the check
immediately so that we may deposit it as required. Please have
your client contact me as soon as possible to do so'. If I do not
receive a response from you within five (5) days from the date of
this letter, I will assume that. you are not willing to reach an
agreement in this matter, and thus, I will be forced to move
forward with the necessary hearings in front of the master and to
seek an increase in the equitable distribution from our current
position.
Thank you for your anticipated cooperation in this matter.
Sincerely,
Fryan S. Walk, Esquire
JAMES M. BACH
Attorney At Law
332 S. Sporting Hill Rd., Mechanicsburg, PA 17055, Tel: (717) 737.2033
August 6, 1997
E. ROBERT ELICKER, II
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY COURT OF COMMON PLEAS
9 NORTH HANOVER STREET
CARLISLE, PA 17013
RE: Ronald L. Garlinger, Jr. vs. Diane F. Garlinger
No. 96-2179 Civil
In Divorce
Dear Mr. Elicker:
I am in receipt of your letter dated the 5`h day of August, 1997.
I have received verification of debts paid by wife on August 5, 1997.
I am satisfied that we can have you place a recommendation of record at this
time. I believe the numbers are the same numbers that you have placed in your status
notes.
Accordingly, I am now sending a copy of this letter to Attorney Walk with the
understanding that you will be providing a final Master's Report.
On the matter of divorce, my client has signed the necessary affidavit and
waiver, and Attorney Walk indicated on July 21, 1997 that he would be mailing his
clients to you shortly.
All things being equal, and the Master having received from both parties the
necessary affidavit of consent and waiver, then the Master will proceed with a
recommended order in accordance with his status notes of July 21, 1997.
I am asking Attorney Walk by way of a ropy of this letter to respond to each of
us if he disagrees with anything herein.
If the Master does not receive an objection from Attorney Walk, and the Master
has all waivers and consents necessary for a final decree in divorce, then the Master
should proceed with his written recommendations.
Respectfully,
JMB/jm
cc: Bryan S. Walk, Esquire
Ronald L. Garlinger
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7MES. BACH
Attorney-at-Lave
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BRYAN S. WALK
ATTORNEYAT LAW 108.112 WALNUT StREET
HARRISHURO. PA 17101
July 29, 1997 PHUNF::(717)238.5113
FAX: (717) 238-4793
E. Rcbert Elicker, II
Divorce Master
9 North Hanover Street
Carlisle, FA 17013
RE: Ronald Garlinger v. Diane Garlingeu
No. 96-2179
Dear Mr. Elicker:
I am enclosing a copy of a letter I received from Attorney
Bach, the logic which escapes my understanding. I was under, the
impression that an agreement has been reached between the partials
in regards to settlement of this case. However, this letter raises
concerns with me as to whether or not Mr. Bach( and his client are
willing to honor this agreement that was reached. Therefore, I am
at a loss to determine what steps are needed next.. I have attempted
I.o contact Mr. Bach several times,he refuses to return my calls.
Therefore, if Mr. Bach intentions are that settlement is no longer
an option, than I guess we would be requesting to have a hearing
scheduled as soon as possible in that it is apparent that they are
attempting delay the proceeding arid run up additional legal fees
for Mrs. Garlinger. 1
Once again, I do not understand the meaning of this letter.
Mr. Bach refuses to return my calls to discuss this matter and I
would like to respectfully request that your office contact Mr..
Bach to determine if this :settlement agreement is now null and
void. Also, I am enclosing z copy of a ietter that 1. forwarded to
Mr. Bach concerning the payment of approximately $3,7vu.00 debt
that is still owed to Mrs. Garlinger in the issue of the $1,500.00
loan to Mr. Garlinger's parents.
Sincerely,
r Vy S. Walk
M« 1
JAMES M. BACH;(c?I? J`? f
Attorney At Law
Hill Rd„ Mechanicsburg, PA 17055,'rel: (717) 737.2033
Ady 22, 1997
BRYAN S. WALK, F.SQUIRt?
108.112 WALNUT STREET
FIARRISBURG, PA 17101
RE: Garlinger vs. Garlinger
Dear Mr. Walk:
Ronald Garlinger will immediately sign the check that is in the names of his Wife, and
himself. I le only requests that he immediately receives his half of the net proceeds when he
signs the check. Ronald Garlinger is of the opinion that he should not have to give up his net
proceeds of the check at this time.
Mr. Garlinger opines that since he is coming out of the marriage with a debt due and
owing to Mrs. Garlinger, his net proceeds check on the mobile home should go to him, at this
time.
Accordingly, if your client is interested in having the check cashed, I will make
arrangements for Mr. Garlinger to sign it, providing he receives his one-half of the net proceeds
at the time he signs the check. Mr. Garlinger believes that this is a fair and equitable way to
distribute the proceeds of the mobile home sale. It should be noted that they both contributed
equally to the acquisition of that particular piece of property and they both contributed equally to
the payments throughout the marriage.
Respeclfidly,
t lhl
JAMES M. BACH
Allorney-at-Lary
JUBleg
c•c. Mr. Ron (iarNnger
BRYAN S. WALK
ArrORNGYAT LAW 108.112 WALNUT STREET
HARRISBURG, PA 17101
PHONE (717)238.3113
July 29, 1997 FAX: (717)238.4793
James M. Bach, Esquire
352 South Sporting Hill Road
Mechanicsburg, PA 17055
RE: Garlinger v. Garlinger
Dear Mr. Bach:
I have received your letter dated July 22, 1997 and have
reviewed this letter with my client. Once again, I fail to
understand your reasoning or your client's reasoning in regard to
the net proceeds from the sale of the mobile home. It was apparent
to me that there was an agreement reached at the master's hearing
and all of the proceeds from the sale of the mobile home would go
to my client, Mrs. Garlinger. Therefore, your demand or request
that he receive half of the net proceeds when he signs the check is
completely illogical. Your client is not entitled to any of the
net proceeds from trailer. Therefore, your request in your letter
dated July 22, 1997 is completely invalid.
Next, in fairness and with the intent to bring this matter to
a conclusion we offer the following proposal: enclosed is proof in
regard to the marital debt and the payments made by my client. As
you can see by my calculations your client owes Mrs. Garlinger
approximately $7600.00. After we deduct his share of the proceeds
from the sale of the mobile home your clients still owes my client
approximately $3700.00. We believe that the debt owed to your
client's parents would be the responsibility of your client and
thus the amount lie would cwe my client would be reduced to
$2950.00, approximately. My client would be responsible for all
other remaining debt.
However, I have discussed the master's conference with my
client in greater detail and in order to insure that she receives
the money due and owing to her by your client which would be
approximately $2950.00, if your client agrees to be responsible for
the loan to his parents, we must insist that the marital settlement
agreement have a stipulation included in it that neither party will
file bankruptcy in regard to any and all claims arising out of the
marriage to protect each party. Also, we are requesting that your
client sign a judgment note in regard; to the unpaid debt that he
James M. Bach, Esquire
July 29, 1997
Page Two
owes Mrs. Garlinger which would be approximately $2,950.00. This
is what Mrs. Garlinger is entitled and she wants to be assured
that she will receive what she is owed.
Therefore, I am forwarding a copy of this letter to Mr.
Elicker along with a cover letter indicating that I just do not
understand your position in this case. You are confusing matters
and it appears that either you do not understand or are not willing
to abide by the terms of this proposed settlement. Therefore, I
will be asking Mr. Elicker's office to contact you to determine if
you are now backing out of our agreement, and thus requesting if
you are, a master's hearing be scheduled immediately. once again
I fail to understand your position in this case, however, we are
willing to reach an settlement as proposed as long as the above
conditions are met.
Sincerely,
Bryan S. Walk
cc: Diane Garlinger
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JAMES M. BACH
Attornev At Law
Hill Rd.,
July 8, 1997
ROBERT E. ELICKER, II, ESQUIRE
SPECIAL. MASTER
9 NORTH HANOVER STREET
CARLISLE, PA 17013.3014
RE: Garlinger vs. Garlinger
96.2179 (fn Divorce)
Dear Mr. Elicker:
, Tel: (717) 737.2033
Upon analysis of the inventory and appraisment of Diane Garlinger I note that only a mobile
home is listed as marital property. 1 did not find contained therein a listing of personal
property removed from the mobile home and in Mrs. Garlinger's possession.
Accordingly, if, upon your review of the file there is no listing of this personal property,
would you direct that same be filed?
Once again, I would like to have a copy of the personal property inventory filed of record and
if same has not been filed, kindly direct that one be filed immediately.
Respectfully,
/0 .001
O'gratc .e,
ES M. BA CH
Attorney-at-Law
JMB/eg
cc: Mr. Ron Garlin er
Bryan Walk, asq.
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JAMES M. BACH
At Law
Rd.,
17055, Tel: (717)
August 1, 1997
ROBERT E. ELICKER,11, ESQ,
SPECIAL MASTER
9 NORTH HANOVER STREET
CARLISLE., PA 17013-3014
RE. Garlinger vs. Garlinger
96-2179 (In Divorce)
Dear Special Master Elicker:
I am compelled to write directly to you on account of Attorney Walk's letter, dated
July 29, 1.997.
In Paragraph No. 2, Mr. Walk indicates that he is enclosing proof of the marital debt
and payments made by his client. No such proof was included in my letter.
Apparently Mr. Walk thinks you are going to negotiate with him. This is not my
understanding of the practice of law.
Next, l remind you that the last time we appeared for a Master's Flearing in your
office, Attorney Walk spent two and one-half hours in conference with his client and little or
no time discussing the case with Special Master Elicker and Attorney James Bach. This was
against my client's best interests since my client had to pay for the time of a totally
unprepared advocate.
We have no difficulty in establishing for the record our position on the joint proceeds
check. My client wishes his half of the check at this time, notwithstanding any debt due and
owing to his Wife. My client is entitled to receive the net proceeds of the check,
notwithstanding any debt due and owing to his Wife. He may exercise his right for this, and
as his advocate, I am doing it in his stead.
Next, it is abundantly clear that the net proceeds check, upon sale of the marital home,
cannot be called alimony.
This letter is meant to reflect and advise an officer of the Court as to the truth of this
situation, I have not reached an agreement regarding disposition of the net marital proceeds
check with Attorney Walk, All suggestions I may have made are subject to final approval of
my client. This is the case in the practice of law, which apparently Attorney Walk either fails
to understand, or wishes to ignore. Clients make final decisions; lawyers do not,
In any event, you have received a totally inaccurate letter from Attorney Walk, in as
much as there were no enclosures or proof of any nature or sort to support the marital debt
and the payments made by his client.
?MB/eg
cc., Attorney Bryan Walk
Mr. Ronald Carlinger
Respectfully,
?AMESM. BA CH
Attorney-at-Law
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JAMES M. BACH
Attorney At Law
S. Sporting Ilill Ild.,
PA 17055, Tel:
lI ngrr.sr 1, 1997
BRYAN S. WALK. FSQ.
108.114 WALNUT S I RI? 1;' f
I IARRISBURO, PA 17101
RE: t;arlinger vs. Garlinger
96-2179 (!n Divorce)
Dear Attorney Walk:
am writing in regard to your letter dated July 29, 1997. You apparently do not
understand the concept that clients are the final decision makers in the legal adversarial process.
In my discussions with you, notwithstanding any suggestions I may have or make, my
client will make, and does make, the final decision. h is abundantly clear to me that you
attempt to construe my words and phrases as agreements, when in No, I have told you
repeatedly that everything I say is subject to client approval.
I am very disappointed at the great length of time you took to meet with your client in
Carlisle. Oll the dale and time set for us to proceed with the Master's Bearing, you spent in
excess of two mid one-half hours in conference with your client. You were not prepared with
physical evidence of payments made on account and/or payments on debt. 1 find this
regrettable, as my client incurred attorney fees simply to have me there while you were engaged
in conference with your client. I do not want a repeat of (hat conduct.
Next. I do not want you to call anything an agreement between you and I, unless it I$ in
writing and signed by both clients. I trust I have made myself sufficiently clear.
Respee•ffnllp,
k)n .
J4175 A/. Bit Of
Afforney-a1-Lass,
JA/R/eg
VC. Silec•lal Afa.ster• Elic•ker
A/r. Rorndd Garlinger
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RONALD L. GARLINGER, : IN THE COURT OF COMMON PLEAS
Plaintifr/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 2179-96
DIANE F. GARLINGER, : CIVIL. ACTION IN DIVORCE
Defendant/Petitioner
ORDER Of CO JM
AND NOW, this day of 1996, after review of the foregoing
Petition for Emergency Relief, it is hereby ORDERED AND DECREED that a hearing in the
matter is scheduled for the day of __, 1996, at the Cumberland County
Courthouse, I Courthouse Squ are, Carlisle, Pennsylvania in Court Room No.
BY THE COURT:
J.
RONALD L. GARLINGER, : IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 2179-96
DIANE F. GARLINGER, : CIVIL ACTION IN DIVORCE
Defendant/Petitioner
O?J t?T
t ORDER
AND NOW, thi`„- day of _, 1996, after review of the foregoing
Petition for Emergency Relief, it is hereby ORDERED AND DECREED that a hearing in the
matter is scheduled for the day of 1996, at the Cumberland County
Courthouse, I Courthouse Square, Carlisle, Pennsylvania in Court Room No. I
BY THE COURT:
A"- -J.
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RONALD I.. GARLINGER,
Plaintiff/Respondent
V.
DIANE F. GARLINGER,
Defendant/Pct itioncr
IN '1 HE COURTOF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No 2179-96
CIVIL ACTION IN DIVORCE
11FTITION I`OR [AlFROENCY JkFLIEF.AND
EXCLUSIVE POSSFISION OF THE MARITA RESIDEN J --CE
AND NOW, comes the Petitioner, Diane 1; Girlinger, by and through her attorney, Bryan
S. Walk, U.s<l, who tiles this Petition and respecttiilly avers the following in support thereof.'
1. Respondent currently resides tit 73 Bolo Court, Mechanicsburg, Pennsylvania 17055.
2. Petitioner currently resides tit 20 North.31st Street, Harrisburg, Pennsylvania 17109.
3. The parties separated and Respondent tiled a Complaint in Divorce on April 24, 1996.
4 Since the date ol'sepanuiun, Respondent has continued to reside in the marital
residence located at 7.1 Hulo Court, Mechanicsburg, Pennsylvania 17055.
5 Petitioner and Respondent jointly owe Fight Thousand One Hundred Dollars
($8, I(X) (X)) to Postmark Credit l )pion lirr the mobile home which is the marital residence.
6 The balance of the payment is to be made by monthly installments of Two Hundred
Forty-Four Dollars and highly-Three Cents (5244,83).
7 Respondent has tailed to make his share of the payments for the mobile home, even
though he continues to occupy the home, forcing Petitioner to pay the full amount each month.
8 Petitioner desires exclusive possession of the marital residence in order to provide for
her young son, of whom she has physical custody, as current living arrangements with Petitioner's
parents tiro only temporary
Respondent is gainfully employed and earns a net monthly income of One ThouwA
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Eighty-Six Dollars ($1,086.00).
10. Petitioner is gainfully employed and earns a net monthly income of One Thousand
One Hundred Forty-Six Dollars ($1,146.00).
11. The mobile home has been listed for sale, but there have been no offers to purchase as
of this time.
12. Petitioner is unwilling and financially unable to continue paying the full amount of the
balance of payment for the mobile home, while Respondent remains in possession and pays
nothing.
13. Petitioner respectfully requests The Court grant her exclusive possession of the
mobile home and further grant her the right to recover, at the time of equitable distribution from
the proceeds of the marital residence, all monies expended to satisfy the payment obligations
beyond her fair share of the expenses.
14. Petitioner and Respondent entered into a verbal agreement to pay various debts
equally on a monthly basis pending divorce.
15. Respondent's monthly share of the agreed upon debt is Four Hundred Six Dollars and
Seventy-Five Cents ($406.75).
16. Respondent has failed to adhere to his financial responsibilities under the verbal
agreement, having only paid Two Hundred Forty Dollars ($240.00) per month for the rent on the
lot where the marital residence is located.
17• Respondent owes Petitioner One Thousand Two Hundred Twenty-Three Dollars
($1,223.00), the amount he has failed to pay and which Petitioner has been forced to pay herself
as of this date.
18. Petitioner is suffering financial hardship as a result of Respondent's rgNsal to
contribute to payment of the marital debt as was agreed upon.
19, Once Petitioner has been reimbursed for her expenditures, the Master appointed in
this matter will be in a position to equitably distribute the marital property.
WHEREFORE, Petitioner respectfully requests This Honorable Court grant her Petition
for Emergency Relief and Exclusive Possession of the Marital Residence located at 73 Rolo
Court, Mechanicsburg, Pennsylvania 17055, to order Respondent to reimburse Petitioner for his
share of the marital debt that he has refused to pay, and to order Respondent to meet all future
payment obligations.
Date4''. 4
Respectfully submitted,
Bryan Walk, Esq.
Attorney for Petitioner
108-112 Walnut Street
Harrisburg, PA 17101
(717) 238-5113
PA LD, No. 63881
RONALD L. GARLINGER, : IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 2179-96
DIANE F. GARLINGER, : CIVIL ACTION IN DIVORCE
Defendant/Petitioner
CERTIFICATE OF SERVICE
I hereby certify that on the 21st day of August, 1996, I .
served by first class mail a copy of the Defendant's Petition for
Emergency Relief and Exclusive Possession of Marital Property
upon the person named below, in accordance with the applicable
Rules of Procedure, addressed as follows:
James M. Bach, Esquire
352 South Sporting Hill Road
Mechanicsburg, PA 17055
-8rysri S. Walk L
Attorney ID No. 63881
108-112 Walnut Street
Harrisburg, PA 17101
(717) 238-5113
Counsel for Defendant
RONALD L. GARLINGER,
Plaintiff/Respondent
V.
DIANE F. GARLINGER,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2179-96
CIVIL ACTION IN DIVORCE
RULE TO SHOW CAUSE
AND NOW, this day of 1996, a Rule is hereby issued upon the
Plaintiff/Respondent to Show Cause why the Pc tion for Emergency Relief and Exclusive
Possession of the Marital Residence should not be granted.
RULE RETURNABLE 10 DAYS FROM SERVICE.
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JJi::G W J
BY THE COURT:
VERIFICATION
I verify that the statements made in this Petition are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.a. Section 4904, relating to
unsworn falsification to authorities.
j?_-??
Date:
Diane F. Garlinger -T
RONALD L. GARLINGER, tIN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA
:
Vs. :
: NO. 96 - 2179 CIVIL ACTION
DIANE F. GARLINGER, t
Defendant/Petitioner c IN DIVORCE
AND NOW comes the Respondent, Ronald L. Garlinger, by
and through his attorney JAMES M. BACH, Esquire and files
the within ANSWER TO PETITION FOR EMERGENCY RELIEF:
l.- 4. ADMITTED.
S.- 8. DENIED. Petitioner has remained separate and apart
from her husband and resided together with the minor child
at her parents in Harrisburg, Dauphin County. There has been
no request at any time heretofore made upon Ronald L. 4
Garlinger to give up the home that he is in residence.
Ronald L. Garlinger has maintained the bills on a
marital dwelling to' the best of his financial ability.
In recent past Ronald L. Garlinger broke his thumb
and/or hand and could not make his financial obligation as
he was not being paid and was not working and on the account
he felt to some arrearage.
Ronald L. Garlinger has maintained the dwelling to the
best of his financial ability to date.
9.- 11. ADMITTED.
11.-19. DENIED. It appears from the various counts that the
wife herein is asking for equitable distribution of marital
assets and also asking the court to divide and distribute
the marital debts as well.
It should be noted that the wife in instant case has
also filed the motion for the appointment of special master
Robert Elicker to determine those specific issues which are
raised in the instant case.
Furthermore, it should be noted that there is no
emergency in this case as upon a careful analysis and
reading the entire petition it appears to be a request for
equitable distribution of the assets and debts of the
parties.
WHEREFORE, the Respondent, Ronald L. Garlinger,
Respectfully prays that the Petition for emergency relief
and exclusive possession of the marital residence be
dismissed.
Respectfully submitted,
i
DATE S by rtJ-aI -
/ AMZS M. MACH, ESQUIRE
Attorney I.D. No 18777
357 S. Sporting Hill Rd.
MECHANICSBURG, PA 17055
(717) 737-7033
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RONALD L. GARLINGER, :IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent iCUMBERLAND COUNTY, PENNSYLVANIA
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Vs. i
i NO. 96 - 2179 CIVIL ACTION
DIANE F. GARLINGER, I
Defendant/Petitioner a IN DIVORCE
I, YURI GASPAR, do hereby certify that I have mailed to
the individual listed below, a copy of the foregoing:
ANSWER TO PETITION FOR EMERGENCY RELIEF.
by placing a copy of same in the United States Mail, first
class, postage prepaid, on the 5th day of September 1996,
and addressed as follows:
BRYAN S. WALK, ESQUIRE
108-112 Walnut Street
HARRISBURG, PA 17101
Dates ?q aS 96
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352 S. porting Hill Rd,
MECHANICSBURG, PA 17055
(717) 737-2033
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RONALD L. GARLINGER s IN '1'1113 COURT OF COMMON PLEAS of
PLAIN'T'IFF CUMBERLAND COUNTYI PENNSYLVANIA
va. s 96 - 2179 Civil. 'GERM
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DIANE F. GARLINGER s
IMPENDANT s CU`S'TODY
o11UClt or COUR'T'
AND NO111 Upon consicleraL•lon of Elie nEtached COMPLAINT# it is
hereby direcLed Hint Elie parties and Lheir respective counsel
appear before Elie Conciliator,
on Elie 5 f day of ?.)C o be l 19961
at I -- ajPf,-/p.m.1 for a Pre-Nearing CusEody Conference.
AE such conference, all effort will be made to resolve Elie issues
in diaputel or if L'hls cannot be accomplishedl to define and
narrow Else issues Lo be heard by Elie courLl and to enter into
a temporary order. All children aged five or older 4 also
be presenL at the conference. Failure to appeat at Else
conference may provide grounds for enEry of a Eemporary or
permanent order.
FOR THE OURIr.,
BY f. 11 Z, ,
CUS'T'ODY CONCIbI OR
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF You Do
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TOI OR TELEPHONE
THIS OFFICE SET FORTH BELOW TO FIND OUT WIIERC YOU CAN GET LEGAL
IIL41,P I
OFFICE OF TIM COURT ADMINISTRATOR
CUMNI?IILAND COUNTY COURT HOUSE
011 FLOOR
ON131 COURT HOUSE SQUARE
CARLIsIx, PA 17013
717-240-6200
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RONALD L. GARLINGER
PLAINTIFF
Vs.
DIANE F. GARLINGER
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
96 - 2179 CIVIL TERM
CUSTODY
ORDER OF COURT
You, DIANE F. GARLINGER ,the Defendant, have been
sued in Court to obtain custody of the childgm:
RONALD L. GARLINGER, III (Born Nay 12, 1995)
You are ordered to appear in person at Court Room No.
of Cumberland County, Carlisle, Pennsylvania, on the
day of , 1996, at for:
[ J A conciliation or mediation conference
[ ) A pre-trial conference
[ j A Hearing before the Court
If you fail to appear as provided by this order, an order for
custody, partial custody, or visitation, may be entered against
you, or the Court may issue a warrant for your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO T0, OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP:
OFFICE OF THE COURT ADMINISTRATOR
CUMBERLAND COUNTY COURT HOUSE
4th FLOOR
ONE, COURT HOUSE SQUARE
CARLISLE, PA 17013
717-240-6200
BY THE COURT:
DATE
J.
RONALD L. GARLINGER
PLAINTIFF
vs.
DIANE F. GARLINGER
DEFENDANT
IN THE COURT OF COMMON PLEASp
CUMBERLAND COUNTY, PENNSYLVANIA
96 - 2179
CUSTODY
COMPLAINT FOR CUSTODY
AND NON comes the Plaintiff, RONALD L. GARLINGER , by his/her
Attorney, JAMES M. BACH, and respectfully represents as follows:
1. The Plaintiff is RONALD L. GARLINGER residing at
73 Rolo Court, Mechanicsburg, PA 17055
2. The Defendant Is _DIANE F. GARLINGER residing at
c/o 2026 North 31st Street, Harrisburg, PA 17111
3. Plaintiff seeks custody of the following children:
RONALD L. GARLINGER, III (born on May 12, 1995)
4. iAhOrcre*AAt a:aacmomixm kxKab xifx*mxWxx3h&
5. The children are presently in the custody of DIANE F. GARLINGER
, who lives at 2026 North 31st Street,
Harrisburg, PA 17111
6. The natural Mother of the children is DIANE F. GARLINGER
7. The natural Fattier of the children is RONALD L. GARLINGER
e. The relationship of Plaintiff to the children is that of
Father.
9. The relationship of Defendant to the children is that of
Mother.
10. The Plaintiff has not participated as a party or witness,
or in any other capacity, in other litigation concerning the
custody of the children in this, or any other Court.
11. Plaintiff has no information of a custody proceeding
concerning the custody of said children pending in a Court of
this Commonwealth, or in any other jurisdiction.
12. Plaintiff does not know of a person, not a party to the
proceedings, who has physical custody of the children, or claims
to have custody or visitation rights with respect to the
children.
13. The beat interest and permanent welfare of the children
will be served by granting the relief requested, because the
Plaintiff can provide a stable and wholesome home environment
for the children.
14. Each parent whose parental rights of the children have
not been terminated, and the person who has physical custody
of the children, have been named as parties to this action.
WHEREFORE, Plaintiff requests this llonorable Court to enter
an Ordec, granting PLAINTIFF primary phey1cal
custody of the subject minor children.
Respectfully submitted,
Date 0/2 9 _
JA P N. B C 1
A rney I.D. No. 18727
3 south Sporting Hill Road
Mechanicsburg, PA 17055
717-737-2033
i
i, RONALD L. GARLINGBR. JR. Verify that the
statements made in this COMPLAINT are true and correct. I
understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. Section 4904, relating to uneworn
falsification to authorities.
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PLAINTIFF
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RONALD L. GARLINGER,
Plaintiff s
vs.
DIANE F. GARLINGER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-2179 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER Or COURT
MID NOW, this 9 day of ocs" 4.4, , 1996, upon
consideration of the attached Custody Conciliation Report, it is ordered
and directed as follows:
1. The Father, Ronald L. Garlinger, and the Mother, Diane F.
Garlirger, shall have shared legal custody of Ronald L. Garlinger, III,
born May 12, 1995.
2. The Mother shall have primary physical custody of the Child.
3. For a period of three months, beginning October 12, 1996, the
Father shall have partial custody of the Child on alternating weekends from
Saturday at 9:00 a.m. through Sunday at 5:00 p.m. These periods of
overnight partial custody shall be supervised by the Child's paternal
grandparents. If after a period of three (3) months, the overnight custody
arrangements are going well, the parties agree that the alternating weekend
periods of custody shall be extended to begin on Friday at 6:00 p.m. and
end on Sunday at 5:00 p.m., and these periods of partial custody may
proceed without supervision by the paternal grandparents.
4. The Father shall have partial custody of the Child every Tuesday
evening from 5:00 p.m. through 8:00 p.m.
5. The Father shall have extended periods of partial custody with the
Child during each summer, beginning with two (2) weeks in 1997, three (3)
weeks in 1998 and four (4) weeks in 1999. Thereafter, the parties agree to
discuss increasing the period of summer custody to six (6) weeks as
arranged by mutual agreement of the parties.
6. The parties shall share or alternate custody of the Child on
holidays as follows:
A. Christmas - In every year, the Father shall have custody of
the Ch ld on Christmas Day from 10:00 a.m. until 4:00 p.m. and
from December 27 at 6:00 p.m. until January 1 at 6:00 p.m. In
every year, the Mother shall have custody of the Child from
4:00 p.m. Christmas Day through December 26th. The Father's
overnight periods of custody under this provision in 1996
shall be supervised by the paternal grandparents.
B. Thankivinq - In every year, the Father shall have custody of
the Child on Thanksgiving Day from 10:00 a.m. until 4:00 p.m.
I?
C. Mother's Day/Father's Day - The Mother shall have custody of
the Child on Mot er s Day in every year and the Father shall
have custody of the Child on Father's Day in every year.
D. Alternatin Holidays - The parties shall have custody of the
CICernating basis on the following holidays: New
Years Day, Easter, Memorial Day, July 4th, and Labor Day. The
alternating holiday schedule shall begin with the Mother
having custody of the Child on New Years Day in 1997.
7. The Father shall continue to participate in the Alcoholics
Anonymous Program.
8. Neither party shall consume alcohol either prior to or during
periods of custody with the Child.
9. The parties agree to obtain additional information in order to
make arrangements for the Father to attend parenting classes. If, after
obtaining the necessary information, the parties are unable to reach an
agreement as to the Fathec's enrollment in parenting classes, counsel for
either party may contact the Conciliator for scheduling of a second
Conference, if necessary.
10. If, after the three month period of supervised partial custody
(provided in paragraph 3 of this order), for the Father, the parties are
unable to agree as to the advisability of eliminating the requirement for
supervision, counsel for either party may petition the Court to have this
matter relisted with the Conciliator.
11. This Order is entered pursuant to an agreement of the parties at a
custody conciliation Conference. The parties may modify the provisions of
this Order by mutual consent. In the absence of mutual agreement, the
provisions of this order shall control.
BY THE COURT,
J.
CC. James M. Bach, Esquire - Counsel foi Plaintiff e a n•.a A ON 16.
Bryan S. Walk, Esquire - Counsel for Defendant V -
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RONALD L. GARLINGER,
Plaintiff
vs.
DIANE F. GARLINGER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-2179 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACOORDANCE WM C[IBEtLMID OOLU Y RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME BIRTHRATE CURRJ&MY IN CUSTODY OF
Ronald L. Garlinger, III May 12, 1995 Defendant/Mother
2. A Conciliation Conference was held on October 1, 1996 with the
following individuals in attendance: The Father, Ronald L. Garlinger, with
his counsel, James M. Bach, Esquire and Yuri Gasper, Law Clerk, and the
Mother, Diane F. Garlinger, with her counsel, Bryan S. Walk, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sun ay, Esqu r
Custody Conciliator
JAMES M. BACH
Attorney at Lew
352 S. Sporting HIII Road
Mechanicsburg, PA 17066
Robert E. Elicker, II, Esq.
Divorce Master
9 North Hanover Street
Carlisle, PA 17013.3014
Dear Master Elicker:
November 7, 1996
RE: ROBINSON vs. ROBINSON
96.3312 (Civil Term) (In Divorce)
and
GARLINGER vs. GARLINGER
96.2179 (Civil Term) (In Divorce)
Tol:(717)737.2033
,I
In compliance with your written request, I hereby submit, on behalf of the above-
referenced clients, namely JOHN R. ROBINSON and RONALD L. GARLINGER, JR., the
Defendants' Pre-trial Statement; Income and Expense Statement and Inventory and
Appraisment
Kindly process these in your normal fashion.
Respectfully,
JAM TS M. BACH
Attorney-at-Law
JMB/eg
Enclosure: Pre-trial Statement (2)
Income and Expense Statement (2)
Inventory and Appraisment (2) .
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RONALD GhRLINAER,
Plaintiff/Respondent
V.
DIANE OARLINOER,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
96-2179 CIVIL TERM
CIVIL ACTION - DIVORCE
IN REt DEFENDANT'S PETITION FOR SPECIAL RELIEF
AND NOW, this 21st day of November, 1996, both
parties having appeared in court together with their personal
counsel, and counsel for the wife having indicated that the
husband has vacated the premises and the premises are now
available for her exclusive possession, and counsel having
represented on behalf of the husband that he will not bother the
wife or put her in fear in any way if she moves back into the
house, we determine that the primary reason for the hearing,
being exclusive possession, has been resolved, and all other
matters raised in the petition shall be referred to the Master
for hearing and consideration. We note wife's counsel indicates
that she is receiving support on behalf of the children.
By the Court,
, I . , m, be-N?
eor Hoffer,
Michael Oleyar, Esquire
Law Offices of James M. Bach
Counsel for Plaintiff/Respondent
Bryan S. Walk, Esquire
Counsel for Defendant/Petitioner
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DIANE: F. GARLINGER
Plaint illiRespundeut
VS.
RONALD L GARLINGER,1111.
Dclendm)t'I'clitioncr
IN TIIF: COURT OF COMMON PLEAS OF
('UMIIF.RLAND COUNTY. PENNSYLVANIA
('IVIL AC'T'ION - DIVORCE
NO. 96 - 2179 CIVIL TERM
IN DIVORl'F:
DRN 25.989
ORDb:R OF COURT
AND NOW. This 3rd day tit Dv%:v tber. 19%. upon cimsideralion of the attached Petiliun fur
Alimony 11cudane Lite author counsel lies. it is hereby directed that the parties and their respeclive
CUm11el appear before R.J. Shaddav till U_c tuber 0, 1996 at 11:00 a.m, fur a cunl6vucc. allcr which
the ctinlcrcnce ol'I ice may recununend th;u .w t )rder fur Alinuaty Pendenle I.ite be entered.
YOU I are further tirdered m bring w the conl'crence:
III n true copy of your must recent Pcderul Incuntc'la\ Return. including W?'s as tiled
(2) your pity stubs I'm the preceding sis 161 nuanhs
(3) the Incrnne and I \pensc Stalemem atlached w Iris tinlm completed as required by Rule
1910.1 Its
(4) verllicalion 0 child care expenses
(5) proof of medical coverage which wit may have. tir may have available w you
IF you fail to appear liar the csnrfercnce tir bring the required ducmmnts. the Own may issue u
warrant lilr y1Rlr arrest,
Date ul'Urdcr: Dcccmbcr 3. 1996
BY 'I 'III: C'OUR'I .
Ilaruld li. Shcely. I'residcm Judge
y
I(A. Slodday. C'onlcrmce 01'licer
YOU HAVE I ItE RIG11'I' TO A LAWYER. WIIOE MAY A'I"FF.NDTNF: CONFERENCE AND
REPRESENT YOU. IF YOU DO NOT IIAVE A LAWYER Olt CANNOT AFFORD ONE. GO TO
/R' ITLF.I'IIONF.'I'lit: OFFICE SF:I' FIIR'I'll BELOW TO FIND OUT WIIERF, YOU MAY GET
LEGAL IIF.LP.
COUR I ADMINISI RA IOR
I OUR I I1 PL(R)R
('IIhiDF.RI.AND('OtIN IY ('OIIR I II()IISF.
CARLISLh. PENNSYLVANIA 17013
(717)240-6--00
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DIANE F. OARLINQER
Plaintiff
Vs.
RONALD L. GARLINOER, JR.
Defendant
i IN THE COURT OF CONNON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-2179 CIVIL ACTION - LAW
e
e IN DIVORCE
AND NOW comes the Petitioner, RONALD L. OARLINOER, JR., by hIS
attorney JAMES M. BACH, ESQUIRE, and files the within PETITION
FOR ALIMONY PENDENTE LITE AND COUNSEL FEES:
1. RONALD L. GARLINGER, JR. is an adult individual residing at
920 North Front Street Apartment No.7, Wormleysburg,
Pennsylvania. His date of birth 07-05-68.
2. The Respondent is, DIANE F. GARLINGER, an adult individual
residing at 26 North 31°` Street, Harrisburg, Pennsylvania. Her
date of birth 01-20-69.
3. RONALD L. GARLINGER, JR. filed a Complaint for Divorce in the
Court of Common Pleas of Cumberland County on or about April 24,
1996, to the above number and term.
4. RONALD L. GARLINGER, JR. is in need of financial assistance
during the pendency of this litigation and to pay his counsel
fees. He is without sufficient funds to defray the necessary
expenses to advance this case.
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NHSRi10R=, RONALD L. OARLINOER respectfully prays that he be
awarded Alimony Pendente Lite and reasonable
Counsel fees.
DATE % - 9 _
2
Respectfully submitted,
j W8 K. BACK, RBQUIRR
At orney I.D. No. 18727
352 S. Sporting Hill Road
Mechanicsburg, PA 17055
717-737-2033
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RONALD GARLINGER, : IN THE COURT OF COMMON PLEAS
Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA
No. 96-2179
DIANE GARLINGER, : CIVIL ACTION - DIVORCE
Defendant
ANSWER AND COUNTERCLAIM
AND NOW comes the Defendant, by her Attorney, Bryan S. Walk, and avers as follows:
1. Admitted
2. Admitted
3. Admitted
4. Admitted
5. Admitted
6. Denied, the marriage is not irretrievably broken, the Divorce is a result of the Plaintiffs
conduct and actions toward the defendant.
7. Neither admitted or denied. After reasonable investigation, Defendant Diane Garlinger lacks
knowledge of information sufficient to form a belief as to the truth of this averments contained
herein
COUNTERCLAIM
COUNT IV
Request For Default Divorce
Under 3301 (a) (6) of Divorce Code
S. Paragraphs one (1) through seven (7) are hereby incorporated by reference.
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9. Plaintiff has offered such indignities to the Defendant, who is the innocent and injured spouse,
as to render Defendant's condition intolerable and life burdensome.
WHEREFORE, Defendant respectfully requests that the Court enter a Decree in
Divorce, pursuant to 3301 (a) (6) of the Divorce Cade.
COUNT V
Request for a Fault Divorce
Under 3301 (a) (2) of the Divorce Code
10. Paragraphs one (1) through nine (9) are hereby incorporated by reference.
11. The Plaintiff committed acts of adultery against the Defendant.
WHEREFORE, Defendant respectfully requests that the Court enter a Decree in
Divorce, pursuant to 3301 (a) (2) of the Divorce Code.
Respectfully Submitted,
Ll ` L G
Date:jm-.ie rG Bryan S. Walk, Esquire
Attorney I.D. # 63881
112 Walnut Street
Harrisburg, PA. 17055
(717) 238-5113
VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C•S. Section 4904, relating to
unsworn falsification to authorities.
Date: M-ACJ
Diane F. Garlinger /
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RONALD L. GARLINGER, : IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 2179-96 1
DIANE F. GARLINGER, : CIVIL ACTION IN DIVORCE
Defendant/Petitioner
ORDER
AND NOW this Day of December, 1996, it is hereby ordered that the Petitioner's
motion is granted and the issues of Alimony and Alimony Pcndente Lite filed by way of the
Petition for Economic Relief be heard by the Master prior to the Divorce being FINALIZED.
BY THE COURT:
RONALD L. GARLINGER,
PlAintiff/Respondent
V.
DIANE F. GARLINGER,
Defendant/Petitioner
: IN TIIE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 2179-96
CIVIL ACTION IN DIVORCE
ORDER
AND NOW this Day of December, 1996, it is hereby ordered that the Petitioner's
motion is granted and the issues of Alimony and Alimony Pendente Lite filed by way of the
Petition for Economic Relief be heard by the Master prior to the Divorce being FINALIZED,
BY THE COURT:
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RONALD L. GARLINGER,
Plaintiff/Respondent
V.
DIANE F. GARLINGER,
Defendant/Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 2179-96
CIVIL ACTION IN DIVORCE
PETITION TO AMEND MOTION FOR MASTER
AND NOW, comes the Petitioner, Diane F Garlinger, by and through her attorney, Bryan
S. Walk, Esquire, and files this Petition to Amend Motion for Master and respectfully avers the
following in support thereof:
1. On or about, August 9, 1996, a Motion for Appointment of Master was filed by the
Petitioner.
2. This Honorable Court appointed E. Robert Elicker 11, Esquire as Divorce Master in the
above-captioned matter.
3, On or about August 30, 1996 a petition for economic relief to include Equitable
Distribution was filed by the Petitioner. On or about August 30, 1996 this Honorable Court
granted the Petitioner's Motion and ordered the issue of Equitable Distribution to be heard by the
Master.
4. On or about December 4, 1996 a Petition for Economic Relief regarding the issues of
Alimony and Alimony Pendente Lite was tiled by the Petitioner.
5. The Petitioner respectfully requests that This Honorable Court order that the Issues raised
in the Petition for Economic Relief, specifically Alimony Pendente Lite and Alimony be included
as issues to be resolved by the Master prior to the divorce being finalized.
Wherefore, it is respectfully requested that This Honorable Court grant the Petitioner's
Motion to Amend.
Respectfully Submitted,
Bry IS. Walk
ttomey for Petitioner
,V?
RONALD L. GARLINGER,
Plaintiff/Respondent
V.
DIANE F. GARLINGER,
Defendant/Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 2179-96
CIVIL ACTION IN DIVORCE
ORDER
AND NOW this Day of December, 1996, it is hereby ordered that the Petitioner's
motion is granted and the issues of Alimony and Alimony Pendente Lite filed by way of the
Petition for Economic Relief be heard by the Master prior to the Divorce being FINALIZED.
BY THE COURT:
w
VERIFICATION
I verity that the statements made in this Petition are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to
unworn falsification to authorities. /
Date: 12.70 96 .1 i
Diane F. Garlinger
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Nryan S. Walk
ATTORNEY AT LAW
108-112 Walnut Street
Marrlaburp, PA 17101
(717) 23d 5113
RONALD L. GARLINGER,
Plaintiff/Respondent
V.
DIANE F. GARLINGER,
Detendant/Petitioner
: IN 7'FIE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 2179-96
CIVIL ACTION IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that on the 20th day of December, 1996, I
personally served a copy of the Defendant's Petition for Economic
Relief upon the person named below, in accordance with the
applicable Rules of Procedure, addressed as follows:
James M. Bach, Esquire
352 South Sporting Hill Road
Mechanicsburg, PA 17055
..7
-4Sr S. Walk
Attorney ID No. 63881
108-112 Walnut Street
Harrisburg, PA 17101
(717) 238-5113
Counsel for Defendant
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R , 'r Art 00111Y AT LAW
IMI12 wwnut Strom
Hurbburg. PA 17101
(717) 2311.6113
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RONALD L. GARLINGER, : IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 2179-96
DIANE F. GARLINGER, : CIVIL ACTION IN DIVORCE
DefendrntMetitioner
CERTIFICATE OF SERVICE
I hereby certify that on the 20th day of December, 1996, I
personally served a copy of the Defendant's Answer and
Counterclaim upon the person named below, in accordance with the
applicable Rules of Procedure, addressed as follows:
James M. Bach, Esquire
352 South Sporting Hill Road
Mechanicsburg, PA 17055
i
Br 1 . Walk
Attorney ID No. 63881
108-112 Walnut Street
Harrisburg, PA 17101
(717) 238-5113
Counsel for Defendant
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RONALD L. GARLINGER,
Plaintiff/Respondent
V.
DIANE F. GARLINGER,
Defendant/Petitioner
•ryon $. Walk
ATTORNEY AT LAW
100, 112 Walnut Street
Harrisburg, PA 17101
(717) 23"113
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 2179-96
CIVIL. ACTION IN DIVORCE
CER. IFICATE OF SERVICE
1 hereby certify that on thq;tF''day oi'December, 1996, I served by first class mail a copy
of the within Petition upon the person named below, in accordance with the applicable Rules of
Procedure, addressed as follows:
James M. Bach, Esquire
352 South Sporting Hill Road
Mechanicsburg, PA 17055
E. Robert Elicker 11, Esquire
Office of The Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Bryan Walk
Attorney ID No. 63881
108-112 Walnut Street
Harrisburg, PA 17101
(717) 238-5113
Counsel for Defendant
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BRYAN S. WALK
ATTORNOY AT WW r/1
100.117 WAI,NUT STRILT
HARRISBURG PA 17101
pbonei 730-5113
RONALD L. GARLINGER, : IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 2179-96 ,
74
DIANE F. GARLINGER, : CIVIL ACTION IN DIVORCE
Defendant/Petitioner r. ; 3
> ern
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PETITION TO AMEND MOTION FOR MASTER
AND NOW, comes the Petitioner, Diane F. Garlinger, by and through her attorney, Bryan
S. Walk, Esquire, and files this Petition to Amend Motion for Master and respectfully avers the
following in support thereof
On or about, August 9, 1996, a Motion for Appointment of Master was filed by the
Petitioner.
2. This Honorable Court appointed E. Robert Elicker 11, Esquire as Divorce Master in the
above-captioned matter.
3. On or about August 30, 1996 a petition for economic relief to include Equitable
Distribution was filed by the Petitioner. On or about August 30, 1996 this Honorable Court
granted the Petitioner's Motion and ordered the issue of Equitable Distribution to be heard by the
Master.
4. On or about December 4, 1996 a Petition for Economic Relief regarding the issues of
Alimony and Alimony Pendente Lite was tiled by the Petitioner.
5. The Petitioner respectfully requests that This Honorable Court order that the Issues raised
in the Petition for Economic Relief, specifically Alimony Pendente Lite and Alimony be included
as issues to be resolved by the Master prior to the divorce being finalized.
Wherefore, it is respectfully requested that This Honorable Court grant the Petitioner's
Motion to Amend.
Respectfully Submitted,
Bpad. Walk
Attorntornee y for Petitioner
RONALD L. GARLINGER, : IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 2179-96
DIANE F. GARLINGER, : CIVIL ACTION IN DIVORCE
Defendant/Petitioner
RD
AND NOW this Day of December, 1996, it is hereby ordered that the Petitioner's
motion is granted and the issues of Alimony and Alimony Pendente Lite filed by way of the
Petition for Economic Relief be heard by the Mastu prior to the Divorce being FINALIZED.
BY THE COURT:
i
VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa,C.S. Section 4904, relating to
unworn falsification to authorities.
Date: /2'20 -9Z5 (I f
Diane F. Garlinger
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Plaintiff/Respondent
V.
DIANE F. GARLINGER,
Defendant/Petitioner
111ry aft 6. Walk
ATTOnN[Y'ATLAW
106-112 Walnut Street AUG 2 7 ?
Ha rlsburg, PA 17101 '
(717)236.6113
.. a V4 VVUl1.IV1\ fLGflV-""'??
:C MBERLAND COUNTY, PENNSYLVANIA
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No. 2179-96
CIVIL ACTION IN DIVORCE
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L RDER_nF ' 1RT
11E
AND NOW, this k day of 1996, after review of the foregoing
Petition for Economic Relief, it is hereby O AXE AND DECREED that Defendant's petition 2r'
is granted and the economic issues contained therein shall be resolved' k41/'1e &n
BY OURT:
f.
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RONALD L. GARLINGER, : IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 2170-96
DIANE F. GARLINGER, : CIVIL ACTION IN DIVORCE
Defendant/Petitioner
PETITION FOR ECONOMIC RELIEF
AND NOW, comes the Petitioner, Diane F, Garlinger, by and through her attorney, Bryan
S. Walk, Esq., who files this Petition for Economic Relief, and respectfully avers the following in
support thereof
COUNT 11 - EQUITABLE DISTRIBUTION
1. During the course of the marriage, the parties have acquired numerous items of
property, both real and personal, which are held in joint names and in the individual names of each
of the parties hereto as well as marital debt.
WHEREFORE, Petitioner respectfully requests This Honorable Court, after requiring full
disclosure by the Respondent, to equitably divide the marital debt as well as the property, both
real and personal, owned by the parties hereto as marital property.
Respectfully submitted,
Date:
Bryan S. Walk, Esq.
Attorney for Petitioner
108-112 Walnut Street
Harrisburg, PA 17101
(717) 238-5113
PA I. D. No. 63881
1
RONALD L, GARLINGER, : IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 2179-96
DIANE F. GARLINGER, : CIVIL ACTION IN DIVORCE
Defeadrnt/Petitioner
CERTIFICATE OF SERVICE
I hereby certify that on the 21st day of August, 1996, I
served by first class mail a copy of the Defendantfs Petition for
Economic Relief upon the person named below, in accordance with
the applicable Rules of Procedure, addressed as follows:
James M. Bach, Esquire
352 South Sporting Hill Road
Mechanicsburg, PA 17055
an S. Walk
Attorney ID No. 63881
108-112 Walnut Street
Harrisburg, PA 17101
(717) 238-5113
Counsel for Defendant
VERIFICATION 15
I verify that the statements made in this Petition are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904, relating to
unsworn falsification to authorities.
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Diane F. Garlinger
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ArMRNRY AT LAW
100.112 Walnut stmt
Harrisburg, PA 17101
(717) 230.5113
RONALD L. GARLINGER, : IN 7'HE COURT OF COMMON PLEAS
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 2179-96
DIANE F. GARLINGER, : CIVIL AC'T'ION IN DIVORCE
Defendant/Petitioner
c:
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ORDER
., .' AND NOW this Day of December, 1996, it is hereby ordered that the Petitioner's
motion is granted and the issues of Alimony and Alimony Pendente Lite filed by way of the
Petition for Economic Relief be heard by the Master prior to the Divorce being FINALIZED.
Igi`. I
BY THE COURT:
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RONALD L. GARLINGER,
Plaintiff/Respondent
V.
DIANE F. GARLINGER,
Derendant/Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 2179-96
CIVIL ACTION - IN DIVORCE
PETITION FOR ECONOMIC RELIEF
REQUEST FOR ALIMONY PENDENTE LITE and ALIMONY
AND NOW, comes the Petitioner, Diane F. Garlinger, by and through her attorney, Bryan
S. Walk, Esquire, and files this Petition for Economic Relief and respectfully avers the following
in support thereof:
COUNT THREE
ALIMONY PENDENTE LITE and ALIMONY
1. As of the date of separation Respondent and Petitioner had joint marital debt totaling
approximately $18910.00.
2. At the present time the marital debt, the total marital debt due and owing is approximately
$14,027.00.
3. Petitioner and Respondent jointly owe$ 7557.00 to Postmark Credit Union for the mobile
home, which is the marital residence.
4. Petitioner and Respondent jointly owe $6470.00 in credit card and other marital debt at
the present time.
5. Petitioner and Respondent jointly owe $240.00 per month lot rent for the mobile home.
'.
6. Petitioner is gainfully employed and earns a net monthly income of $1146.00.
Respondent is gainfully employed and earns a net monthly income of $1086.00, this does
not include overtime wages for which respondent receives.
8. Petitioner and Respondent entered into a verbal agreement at the time of separation to
split the monthly marital debt equally, pending the divorce.
9. Respondent's monthly share of the agreed upon debt is $406.75.
10. Respondent has failed to abide by the terms of the agreement, in that he has only paid
$848.50 of his share of the debt which at this point totals $3022.00.
1 I Respondent also has failed to pay his share of the lot rent as agreed upon.
12. Petitioner has suffered and continues to suffer extreme financial hardship as a result of the
Respondent's refusal to contribute to payment of the marital debts.
13. Petitioner due to her financial hardships is forced to reside with her parents while the
respondent has enjoyed the freedom to live at his own residence.
14. At the present time the Petitioner owes approximately $1500.00 in unpaid attorney fees.
15. It is respectfully mzffed that the Respondent has willfully and with the intent to cause
Petitioner to suffer extreme financial harm has refused to pay his share of marital debt in the past
and will continue to refuse to pay his fair share of the marital debt in the future.
16, At the present time the Petitioner has paid a total of $ 4036.00 towards the marital debt,
while at the same time Respondent has paid a minimal amount of $848.50 toward the joint marital
debt.
Wherefore, the Petitioner respectfully requests that the Court order that the issues of
Alimony Pendent Lite and Alimony be heard by the Master along with all other claims which are
already pending.
Respectfully Submitted,
?qg S. Walk
Attorney for Petitioner
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RONALD L. GARLINGER,
Plaintiff/Respondent
V.
DIANE F. GARLINGER,
Defendant/Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 2179-96
CIVIL ACTION IN DIVORCE
ORDER
AND NOW this Day of December, 1996, it is hereby ordered that the Petitioner's
motion is granted and the issues of Alimony and Alimony Pendente Lite filed by way of the
Petition for Economic Relief be heard by the Master prior to the Divorce being FINALIZED.
BY THE COURT:
VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to
unsworn falsification to authorities.
Date: AJ-.26
Diane F. Garlinger-
DR 25.435 & 25.989
RONAH) I,. GAK1,1146I.R. JR.
PLAINTIFF IN 17113 C'OUR'I' OP COMMON PLEAS Oh
Ct MIIFI LAND ('01 IN I'Y. PENNSYLVANIA
VS DOMLS I'l(' RFLA'IIONS SL(' I ION
CIVIL A(1 ION - SUPPOR I"
DIANE F, 6ARLINGER
DI:FFNDAN'I" NO. 96-2179('isil'Icrm
ORDER OF COURT
AND NOW. this 20111 day of December, 1996. upon consideration of the
rccommadation ofthe Domcslic Relations OF'Ficer pursu:mt ro both parties petitioning for
alimony Ixndente lite.
I'I IS I IFRIIBY ORDIfb?.IfD AND DIRI[(" I'I:D that both petitions loralinony pendentc
lilt arc denied.
'I his order shall become Final tell days after the mailing of the notice of 11)4 entry of the
order to the parties unless either party Files it written demand with the Domestic Relations
Section for it hearing do novo before the Court.
BY'fDE C'OUR1
Lc g - Ilayley. -
DRO: K.J. Shadday
cc: Plaintiff
defcndanl
Ilryam Walk. P.sy.
James Bach. Esq.
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RONALD L. GARLINGER, JR.
Plaintiff/Respondent:
Vs.
DIANE F. GARLINGER
Defendant/Petitioner:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-2179 CIVIL ACTION - LAW
DR NO, 25-989
IN DIVORCE
ORDER OF COURT
AM NOW, this day of December, 1996, upon consideration of the
attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby
directed that the parties and their respective counsel appear before R.J. Shadday
on December 20, 1996 at 11:00 a.m, for a conference, after which the conference,
the office may recommend that an order for Alimony Pendente lite be entered.
You are further ordered to bring to the conference:
1. A true copy of your most recent Federal Income Tex Return, including W-2's as
filed;
2. Your pay stubs for the preceding six (6) months;
3. The Income and Expense Statement attached to this Order, completed as required
by Rule 1910.11;
4. Verification of child care expenses; and
5. Proof of medical coverage which you may have, or may have available to you.
If you fail to appear for the conference or bring the required documents,
the Court may issue a warrant for your arrest.
Date of Order:
BY THE COURT:
Harold E. Shealy, President Judge
R. J. shadday, Conference Officer
YOU HAW THM RIGHT TO A LAWYER, WHO MAY ATTEND THE CMMMKHCM AND MYSSsm" TM.
I! YOU DO NOT HAVE A LAMER OR CANNOT TOAD OHM, 00 TO OR TMLSPHOW 2W OW2M
$ZT FORTH aMLOW TO 1IND OUT WHZRE YOU NAY GET LEOAL HMLP.
COURT ADMINISTRATOR
FOURTH FLOOR
CUMBERLAND courry COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
(7l7) 240-6200
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RONALD L. GARLINGER, JR.
Plaintiff /Respondent:
vs.
DIANE F. GARLINGER
Defendant/Petitioner:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-2179 CIVIL ACTION - LAW
IN DIVORCE
PETITION FOR ALIMONY PENDENTE LITE
AND COUNSEL FEES
AND NOW comes the Petitioner, DIANE F. GARLINGER, by her
Attorney, BRYAN S. WALK, ESQUIRE, and files the within Petition for
Alimony Pendente Lite and Counsel Fees:
1. RONALD L. GARLINGER, an adult individual residing at 920
North Front Street, Apartment No. 7, Wormleysburg, Pennsylvania.
His date of birth is July 5, 1968.
2. The Respondent is, DIANE F. GARLINGER, is an adult
individual residing at 26 North 31st Street, Harrisburg,
Pennsylvania. Her date of birth is January 20, 1969.
3. RONALD L. GARLINGER, JR. filed a Complaint for Divorce in
the Court of Common Pleas of Cumberland County on or about April
24, 1996, to the above number and term.
4. DIANE F. GARLINGER is in need of financial assistance
during the pendency of this litigation and to pay her counsel fees.
She is without sufficient funds to defray the necessary expenses to
advance this case.
5. The Respondent has failed to pay any of the outstanding
marital debt totalling $18,910.00.
6. Defendant/ Petitioner is incurring substantial debt in
order to make payments on the marital debt that is due and owing at
the present time.
7. Petitioner, due to her financial hardships is forced to
reside with her parents while the Respondent has enjoyed the
freedom to rent and live at his own residence.
8. Petitioner has suffered and continues to suffer extreme
financial hardship as a result of the Defendant/Respondent's
refusal to contribute to the payment of marital debts.
WHEREFORE, DIANE F. GARLINGER, respectfully prays that she be
awarded Alimony Pendente Lite and reasonable Counsel Fees.
Date: ?a ?o 9G _
Respectfully submitted,
B Walk, Esquire
Attorney for Defendant
Attorney I.D. No.63881
108-112 Walnut Street
Harrisburg, PA 17101
(717) 238-5113
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VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C,S. Section 4904, relating to
unworn falsification to authorities.
Date:
Diane F, Garlinger
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OIRPOTM,INGER -~ IN THE COURT OF COMMON
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PLAINTIFF PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
VS. f,
No. 96 - 2179
RONALD L. GARLINGER JR
DEFENDANT IN DIVORCE
IN THE COURT OF COMMON
Defendant's Pre-'rEal Statement Pursuant to Rule 1920,331b1
AND NOW conies the Defendant, Ronald I.. Garlinger, by and through her attorney, James
M. Bach, and tiles this Pre= Trial Statement to Pa R. Civ. P. No 1920.33(b), stating:
111 A list of assets, which may be in chart form,
(i) the marital assets, their value, the date of valuation, whether any portion of the value
is non marital, and any liens or encumbrances thereon, and
(ii) the non marital assets, their value, the date of valuation, and any liens or
encumbrances thereon.
See exhibit "A" Inventory & Appraisement
121 The name and address of each witness the party intends to call as a witness.
a. Ronald L Garlinger Jr , Defendant
131 The name and address and a short summary of the testimony of each person, other than
the party, whom the party intends to call at trial as a witness.
None
141 A list of all exhibits the party expects to offer into evidence, each containing an identifying
mark.
(a) E:.xhibit "A" Inventory & Appraisement
(b) Fxhibit "B" Income & N.xpense Statement
(c) Exhibit "C" Defendant's Pay Stubs
.-A
151 The parties gross income from all sources, each payroll deduction, and the parties net
income, including the parties most recent state and federal income tax returns and pay
stubs.
(a) The Plaintiffs Gross income per year is $ 13,0066. 32
(b) The Plaintiffs Net income per year is $ 6M4. 16
(c) See Exhibit "C" Attached to this Pre-Trial Statement for Defendant's payroll deductions,
and most current state and federal a income tax returns.
161 If the party intends to offer any testimony as to his/her expenses, a current expense
statement in the form required by the practice and procedure governing an action in
support.
(a) The Defendant will testify in regards to his current expenses. See also Income and
expense statement submitted by Defendant.
171 The value of a pension or retirement benefits, the marital portion thereof, and the facts
and documentation upon which the party relies to support the valuation.
None
181 If there is a claim for counsel fees, the amount of fees to be charged, the basis for the
charge, and a detailed itemization of the services rendered.
'The Defendant will not make a claim for Counsel fees.
191 Where there is a dispute, the description and value of any items of tangible personal
property, the method of valuating each item, and the evidence including documentation, to be
offered in support of the valuation.
See exhibit "A" 8t "13"
1101 A list of marital debts, including the amount of each debt as of the date of separation,
the date of which the debt was initially incurred, the initial amount of the debt and its purpose,
the amounts and dates of payments made since the date.
See exhibit "A"
2
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-A
1111 A proposed resolution of the economic issues.
WHEREFORE the Defendant seeks a 50% split of all marital property. The Defendant also
requests that one 35 milimeter camara,(marital property), which is now in the Plaintiff wife's
possession, be awarded by the Court to him in the final equitable distribution..
Respectfully Submitted,
James M. Bach
By
James M. Bach
352 S. Sporting Hill Road
Mechanicsburg PA. 17055
(717) 737-2033
I.D. 18727
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DIANE F. GARLINGER
PLAINTIFF
Vs.
RONALD L. GARLINGER JR
DEFENDANT
IN THE COURT OF COMMON
rur.An yr %- unvtnrmLFLnw
COUNTY, PENNSYLVANIA
No. 96 - 2179
. IN DIVORCE
INCOME AND EXPENSE STATEMENT
QE
DEFENDANT. RONALD L. GAUIN "
INCOME:
Defendant, Ronald L. Garlinger is employed on a Full time basis by 7.etor Tractor. The Defendant
is paid twice a month and his average earnings, every two weeks, are as follows:
GROSS PAY ......................... ..._............................................................... $ 544.43
DEDUCTIONS
FEDERAL INCOME TAX .........................................................................$ 31.09
FICA ............................................................................................................ $
PA UNEMPLOYMENT TAX .....................................................................$ 29.29
PA INCOME TAX ......................................................................................$ 15.24
LOCAL TAX ...............................................................................................$ 5.44 _
OTHER DEDUCTIONS .............................................................................$ 182.36
TOTAL DEDUCTIONS .............................................................................$ 263.42
NET EARNINGS
NET PAY EVERY TWO WEEKS ..............................................................$ 274.36
Attached, as Schedule A, is a statement of the Defendants approximate monthly living
expenses.
1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
4904, relating to unswom falsification to authorities.
DATE: ib
MON THLY EXP ENSES
MORTGAGE / RENT ...................................... ......................... .... .. ..... ................ .......................... S 530. 00
MAINTENANCE ............................................... .............................. .................................................5 0
UTILITIES, (telephone, electric, etc) ............... .............................. ..... ..................... ....................... S 210.00
EMPLOYMENT
TRANSPORTATION ......................................... ............................. .................................................$ 0
LUNCHES ........................................................... .............................. .................................................S 50.00
TAXES
REAL ESTATE ...................................................... ................................ .................................................S Wife has records
PERSONAL PROPERTY ...................................... ................................ ................................................S Wife has records
INCOME ................................................................ ................................ ..................................................5 Wife has records
INSURANCE
HOMEOWNERS ................................................. .............................. ....................................................S 10
AUTOMOBILE .................................................. .............................. .....................................................S 145.00
LIFE / ACCIDENT / HEALTH ........................... .............................. .................................................... $ 110.00
OTHER ............................................................... .............................. ..................................................... $0
AUTOMOBILE
LOAN / LEASE ................................................... .............................. ......................................................$ 0
FUEL ................................................................... .............................. .......................................................S 50.00
REPAIRS ............................................................. .............................. .......................................................5 30.00
MEDICAL
DOCTOR/DENTIST ......................................... .............................. ........................................................5 0
HOSPITAL .......................................................... .............................. .........................................................5 0
SPECIAL (glasses, braces) ................................. .............................. .........................................................5 0
EDUCATION
PRIVATE SCHOOL ........................................... .............................. ..........................................................5, 0
COLLEGE / TRADE SCHOOL .......................... .............................. ...........................................................5 0
PERSONAL
CLOTHING ..................................................................................................................................................S 0
FOOD ...........................................................................................................................................................5 300.00
CREDIT PAYMENTS / LOANS .................................................................................................................S g0.00
OTHER ...,...... Loan from Defendant's parents for bedroom suite ................................................................5 50.00
MISCELLANEOUS
HOUSEHOLD HELP / CHILD CARE ........................................................................................................5 O
ENTERTAINMENT (papers, books, movies, vacation) .............................................................................$ 30.00
GIFTS / CHARITABLE CONTRIBUTIONS ............................................................................................50
LEGAL FEES ..............................................................................................................................................S250.00
CHILD SUPPORT / ALIMONY PAYMENTS ...........................................................................................$ 220.00
OTHER specify Macto Tools ....................................................................................................................S 60.00
TOTAL
TOTAL MONTHLY EXPENSES ........................................................52145.00
DIANE F. GARLINGER
PLAINTIFF
Vs.
RONALD L. GARLINGER JR
DEFENDANT
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
No. 96 - 2179
IN DIVORCE
INVENTORY AND APPRAISEM .NT
of
DEFENDANT. RONALD L. GARLINGER
The Defendant, files the following inventory and appraisement of all property owned or possessed
by either party at the time this action was commenced and all property transferred within the
preceding three years.
The Defendant, verifies that the statements made in this inventory and appraisement are true and
correct. The Defendant, understands that false statements herein are made subject to the penalties
of 18 Pa. C. S. 4904 relating to unswom falsifications to authorities.
Date:
T
ASSETS OF PARTIE
The Defendant, marks on the list below those items applicable to the case at bar and itemizes the assets on the following
pages. If an item has been appraised, a copy of the appraisal report will be attached hereto.
( X) I. REAL PROPERTY
( X) 2. MOTOR VEHICLES
( ) 3. STOCKS, BONDS, SECURITIES and OPTIONS
( ) 4. CERTIFICATES OF DEPOSIT
( ) S. CHECKING ACCOUNTS, CASH
( ) 6. SAVING ACCOUNTS, MONEY MARKET, and SAVING CERTIFICATES
( ) 7. CONTENTS OF SAFE DEPOSIT BOX
( ) 8. TRUSTS
( X) 9. LIFE INSURANCE POLICIES
(Include face and cash values and current beneficiaries).
( ) 10 ANNUITIES
( ) II. GIFTS
( ) 12 INHERITANCES
( ) 13. PATENTS, COPYRIGHTS, INVENTIONS, and ROYALTIES
( ) 14. PERSONAL PROPERTY OUTSIDE OF HOME
( ) 15. BUSINESS, (fist all owners, including percentage of ownership, and officer / director
positions held by party with company).
( ) 16. EMPLOYMENT TERMINATION BENEFITS (severance pay, workmans comp).
( ) 17. PROFIT SHARING PLANS
( ) 18. PENSION PLANS (indicate employee contribution and date plan vests).
( ) 19. RETIREMENT PLANS, INDIVIDUAL RETIREMENT ACCOUNTS
( ) 20. DISABILITY PAYMENTS
( ) 21. LITIGATION CLAIMS (matured and unmatured).
( ) 22. MILITARY / V, A. BENEFITS
( ) 23. EDUCATION BENEFITS
( x ) 24. DEBTS DUE, (including loans, mortgages held).
( X ) 23. HOUSEHOLD FURNISHINGS AND PERSONALTY, (Include as aaparaea ca lliny a apwb .
itemized list ifdisrribution of such assets is in dispute).
( ) 26. OTHER
r `.
LIABILITIES OF THE PARTIES
The Defendant, marks on the list below those items applicable to the case at bar and itemizes the liabilities on the
following pages.
SECURED
( ) 1. MORTGAGES
( ) 2. JUDGMENTS
( ) 3. LIENS
(X) 4. OTHER SECURED LIABILITIES
i,
UNSECURED
(X) S. CREDIT CARD BALANCE
( ) 6. PURCHASES
(X) 7. LOAN PAYMENTS
( ) S. NOTES PAYABLE
( ) 9. OTHER UNSECURED LIABILITIES
CONTINGENT OR DEFERRED
( ) 10. CONTRACTOR AGREEMENTS
( ) 11. PROMISSORY NOTES
( ) 12. LAWSUITS
( ) 13. OPTIONS
( ) 14. TAXES
( ) 15, OTHER CONTINGENT OR DEFERRED LDABILMES
,. ,11 ? ,?I+I +i I?I,IFIi??1,ylS?(Ih', ?+?n'?1 (
+ I A% h?6???1 {
,d
„ .+(tnPail
_ Il?ff , lj;y i
. -J1
MARITAL PROP RTY
or The
with th any irty y Defendant, lists all marital property n which either or both spouses have a legal or equitable interest, individually
other person, as of the date that this action was commenced:
NOTE: All property on this page is within the Plaintiff Wife'3 possession.
Item No. I Description of Properly I Names of Owners Date of Acquisition Value on Date --=f Action
I. Mmtrcm & Boxspring JT (W's psn) During marriage $800.00
2. Freezer IT W's Psn
( )
During Marriage
S 800. 00
3. Pots and Pans IT w s psn) During marriage S200.00
4. Dishes IT (W's psn) During marriage S100.00
5. Silverware IT (W's Psn
)
During marriage
S50.00
6• Bake Ware IT (W's psn) During Marriage $50.00
7. Living room suite IT (W's psn) During marriage S1,500.00
8• End Table IT (W's psn) During marr iage $50.00
9. Coffee Table IT (W's Psn) During marriage $50.0
0
10. 2 Lamps IT (W's psn) During marr iage $50.00
11, Entertainment Center IT (W's psn) During marriage $100.00
12. Bookcase IT (W's psn) During marriage S30.00
13• Washer & Dryer 1T (W's psn) During marriage $600.00
14. Baby Furniture IT (W's psn) During marriage $850.00
15. Wall Hangings IT (W's psn) During marriage S350.00
16. Baby Pictures IT (W's psn) During Marriage S300.00
17. Sweeper 1T' (W's psn) During Marriage $50.00
18. 35 mm Camera IT (W's psn) During Marriage S 300.00
19. Opal Jewelry 1'T (W's psn) During Marriage S 150. 00
20. Diamond Necklace & IT (W's psn) During marriage S200
Op
Earrings
21. Mothers Ring IT (W's psn) During marriage $250,00
22. '1988 Mecury Topaz IT (W's psn) During marriage q 000
0o
-
Wife
the marriagg, v
. OI
acquired during hemarri marriage to pa t y off wife's loo an on the
hi
l
u
property. e
c
e,
Defendant bel ieves *0 #W v
Sub total of marital property in Wife's possession: S 10,&10. 00
1e mis"
;l
The Defendant, lists all marital property in which either or both spouses have a legal or equitable Interest, individually
or with any other person, as of the date that this action was commenced:
NOTE: All property on this page, is within the Defendant Husband's possession.
Item No. Description of Property Name of all Owners Date of
Acquisition Value on date of Action
I. Lounge Chair JT (it's psn) During marriage S 150.00
2. Set of Dishes JT ([I's psn) During marriage S 10.00
3. Stereo Pf (11's psn) During Marriage $200.00
4. One Baby Picture JT ars psn) During marriage $ 10.00
5. Bed Room Suite JT ass psn) During marriage $800.00
Sub total of "Marital Property" in the Husband's possession: $ 1,170.00
Marital ProngjU" in the Both puose's possession
Item No. Description of
Property Name of all
Owners Date of
Acquisition Value on date
of Action
1. Mobile Home IT During Marriage $15,000.00
Sub total of "Marital Property" in the Both Spuose's possession:
Sub total of "Marital Property" in the Husband's possession:
Sub total of "Marital Property" in Wife's possession:
TOTAL value of all "Marital Property" :
$15,000.00
$1,170.00
$10,830.00
$ 27,000.00
The Defendant, lists all liabilities of either or both spouses alone or with any person as of the date this action was
commenced:
Item
no Amount of Lien Nature of Lien Date of Lien Holder of Lien
I. $2.500.00 Loan for Bedroom Suite During marriage Defendants Parents
2. ? Wife has records Credit Card During marriage
3. ? Wife has records Bill Consolidation Loan During marriage
4. $8,200.00 Mobile Home 1991 Pa. Postal Credit Union
5. ? Wife has records Tax 1995
6.
7.
8.
9.
10.
IL
12.
13.
14.
Total Marital Debts an liabilities : $10,700.00
.w i
NON-MARITAL PROPERTY
The Defendant, lists all non marital property of either or troth spouses as of the date this action was commenced:
NONE:
I
I,
-*,I
RONALD GARLINGER,
Plaintiff
V.
DIANE GARLINGER,
Defendant
IN THE COURT ON COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
No. 96-2179
CIVIL ACTION - DIVORCE
DEFENDANT'S INCOME AND EXPENSE STATEMENT
BRYAN S. WALK, FSQ,
112 WALNUT STREET
IIARRISHURG, A 17101
(717) 2311-5113
Attorney for Defendant
INCOME AND EXPENSE. STATEMENT OF
DIANE F. GARLINGER
INCOME
Employer: Postmark Credit Union
Address: 630 Lingelstown Road. Harrisburg PA
Type of Work: Clerk/Teller
Payroll Number: n/a
Pay Period: Bi-Weekly
Gross Pay Per Period: $704.85
ITEMIZED PAYROLL DEDUCTIONS:
Federal Withholding: $75.87
Social Security: $53.92_
Local Wage Tax: $7 20
State Income Tax: $20 16
Retirement: N/a
Savings Bonds: n/a
Credit Union Dues: N/A
Life Insurance: nom. __
Health Insurance' $15.15
Other (specify): UECP6-.22: Additional Fed. Withholding 510.00
Net Annual Pay Per Period: $537,48
1 i ? ul(N'
i
J
OTHER INCOME: WEEK MONTH ILM
Interest $ $- $
Dividends $ $
Pension $ $_-_-T $.
Annuity $ _ $.--_-_-- - S-
Social Security $
Rents
Other Child Support $? _-- $__,_ ._-_-.__. __ S
Alimony $
Unemployment Comp. $_:_._....
Workmen's Comp. $-------... _.__ $
.
S_--
TOTAL NET ANNUAL INCOME: $13962.00
XCILUI.7 V
WEEK MONTH Um
HOME:
Mobile Payment $1901______ $2937.96
Mobile Lot Rent S_290.(X)_?- $ 2880.00
Maintenance
UTILITIES:
Electric $_600.00
Kerosene
Gas
Telephone $-------- .....___ _ ... S S
Water S_.._....... _ _. _ S S
Sewer
SUBTOTALS: $ 334.83 S6417.%
V,
EMPLOYMENT:
Public Transportation
Lunch
Transportation to work
TAXES:
Real Estate
Personal Property
Income
INSURANCE:
Homeowners
Automobile
Life
Accident
Health
Other
Disability
$ 20.00 $ 80.00
$ $,
$
$-
$ 15.15 (bi-weekly)
$ 32.83
AUTOMOBILE:
Payments $
Fuel $ 15.00 -
Repairs $
MEDICAL:
Doctor
Dentist
Orthodontist
Hospital
Counseling
Special Needs (Eye Care)
SUBTOTALS:
$
$ 60.00
$ -
$
$42.50
S
$20.00
$ 353.61
$ 208.00
$-M,00
$
$393.96
$
$ 720.00
S
$213.83
S
$ 40.00
$
S $480.00
$ 250.00
$ 3197.57
.i I.
EDUCATION:
Private School
Parochial School
College
Religious
PERSONAL:
Clothing
Food
Barber/Hairdresser
Credit Payment
S _
s _
s
CREDIT CARDS: (specify)
Postmark Visa
MEMBERSHIPS:
S ia:i Club -
LOANS:
PA Central FCU $
MISCELLANEOUS:
Household Help
Child Care
Papers/Books/Magazines
Entertainment
SUBTOTALS:
$
S
s _
$
$ 30.00
$ 20.00
$ 40.00 _
$
$
$216.67
$
$ 30.00
S
S
5136.67
S .
s ._
$ 360.00
S-W.,00
$
$ 480.00
$
$
$ 25.00
$2600.04
s
s
5 360.00
s_
S
;!?
'I-; ..
Cable $ S $_
Vacation $
Gifts $_ S $_
Legal Fees $_ S $
Charitable Contributions $ $? $
Other Child Support $_ $ $ ._,_._
Alimony Payments $ $ $
Other (specify)
$
$
TOTAL ANNUAL EXPENSES: x(3680.57
PROPERTY OWNED:
(Since seperation)
Checking Accounts-Postmark
Savings Accounts- Postmark
Credit Union-Postmark
Stocks/Bonds
Real Estate
Other
DESCRIPTION
5306-10
5306-00
5306-09
$
$T
TOTAL:
(H) = Husband
(W) = Wife
(J) = Joint
$AQ-0. 4.
$ 500.00
$1000. W
(Secures a loan)
$
S
S
S
H w 1
X
X
X
$1900.00 (Since aepera wn)
INSURANCE COMPANY POLICY# H W C
MEDICAL
HealtWAccident Blue Cross and Blue Shield W
Disability Income
Dental
Other
(H) - Husband (W) = Wife (C)= Child
i
` I,1 <<fk??47
, 1 I` 1 /'?Tly? i
i ip ?,
I verify that the statements made herein are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom
falsification to authorities.
Date: ?/ '76 ? ( 1
DIANE GARLINGER c'
RONALD GARLINGER, : IN THE COURT OF COMMON PLEAS
Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA
V. :No. 96-2179
DIANE GARLINGER, : CIVIL ACTION - DIVORCE
Defendant
CERTIFICATE OF SERVICE
N0 r-har
I, Bryan S. Walk, Esquire, do hereby certify that on 5itpmawr it., 1996, service of the
foregoing was made as follows:
The original by United States mail, postage prepaid to:
E. Robert Elicker,Esquire
Divorce Master
9 North Hanover Street
Carlisle, PA 17013
A copy by United States mail, postage prepaid to:
James M. Bach, Esquire
352 S. Sporting Hill Road
Mechanicsburg, PA 17055
Bryan3" Walk
108-112 Walnut Street
Harrisburg, PA 17101
(717)238-5113
Counsel for Defendant
? 1 is
JI
Bryan S. Walk
ATTORNEY AT LAW
108.112 Walnut Street
Harrisburg, PA 17101
(717)238.5113
RONALD GARLINGER, : IN THE COURT OF COMMON PLEAS
Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA
V. :No. 96-2179
DIANE GARLINGER, : CIVIL, ACTION - DIVORCE
Defendant
PRE-TRIAL STATEMENT
( ) Plaintiff ( X ) Defendant, by his/her attorney, Bryan S. Walk, Esquire files this
pre-trial statement in accordance with Pa. R.C.P. 1920.33(b).
1. Inventory and Appraisement: See Inventory and Appraisement.
2. Expert Witnesses:
None at this time. Defendant reserves the right to supplement this
statement if necessary.
3. Other Witnesses:
Defendant
Defendant reserves the right to supplement this statement if necessary.
4. Exhibits:
a. Defendant's Inventory and Appraisement
b. Defendant's Income and Expense Statement
Defendant reserves the right to supplement these documents if necessary.
5. Incom£: See Income and Expense Statement
6. Expenses: See Income and Expense Statement
7. Retirement/Pension: None to Def'endant's knowledge.
8. Counsel Fees: Will be provided at hearing.
1 -
-^.,
9. Dlsouted Personal Property:
NONE
10. Multal Debts: See Inventory and Appraisement
11. Proposed Resolution:
a. Mobile Home to be sold profits split 60% to defendant and 400/6 to plaintiff.
Plaintiff to reimburse defendant for his share of debts fro time of separation to
present.
y
b. All marital debts at time of separation to be split 60% to plaintiff and 40% to
defendant.
c. Plaintiff to receive no alimony.
Respectfully Submitted,
4Bry. S. Walk, Esquire
112 Walnut Street
Harrisburg, PA 17101
(717) 238-5113
Attorney for Defendwt
i
r ?r ? .? r ?,3t, l •.
, ?? „13, Ih i r 1; It r +u(t???
y i r i,, ? I u F rf r? 1 i
- ? ?! tr! ?!r j3?`I i5?? I ?7 dry ISM, y?t?r?
t l
?t',n
r , ICI e11 j ?l?tl ?4i Il Ot?lr' rti??y
15 1 I
Y yIE
r ? r i rk ?Ib"11?11?
r z 1 ! t?iNl??
I I
I verity that the statements made herein are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unswom
falsification to authorities.
Date: // /t 96
DIANE GAR LINGE
I ,
III
RONALD GARLINGER, : IN THE COURT OF COMMON PLEAS
Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA
V. ; No. 96-2179
DIANE GARLINGER, : CIVIL ACTION - DIVORCE
Defendant
CERTIFICATE OF SERVICE
I hereby certify that on the ',6 day of November, 1996, service of the foregoing was
made as follow:
The original by United States mail, postage prepaid to:
E. Robert Elicker, Esquire
Divorce Master
9 North Hanover Street
Carlisle, PA 17013
A copy by United States mail, postage prepaid to:
James M. Bach, Esquire
352 S. Sporting Hill Road
Mechanicsburg, PA 17055
BrywS. Walk
108-112 Walnut Street
Harrisburg, PA 17101
(717) 238-5113
Counsel for Defendant
,
41
Bryan S. Welk
ATTORNEY AT LAW
108.112 Walnut Street i,
Harrisburg, PA 17101 i
(717) 238.5113
,. r
i?
RONALD GARLINGER, : IN THE COURT OF COMMON PLEAS
Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA
V. : No. 96-2179
DIANE GARLINGER, : CIVIL. ACTION - DIVORCE
Defendant
INVENTORY AND APPRAISEMENT
OF DIANE GARLINGER
Defendant files the following inventory and appraisement of all property owned or
possessed by either party at the time this action was commenced and all property transferred
within the preceding three years.
Defendant verifies that the statements made in this inventory and appraisement are true
and correct. Defendant understands that false statements herein are made subject to the penalties
of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date:
Defendant,
- `.t i
ASSETS OF PARTIES
Defendant marks on the list below those items applicable to the case at bar and itemizes
the assets on the following pages. If an item has been appraised, a copy of the appraisal report is
attached.
(x )
1.
2.
3,
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
( ) 16.
17.
( ) 18.
( ) 19.
( ) 20.
( ) 21.
Real property
Motor vehicles
Stocks, bonds, securities and options
Certificates of deposit
Checking accounts, cash
Savings accounts, money market and swings certificates
Contents of safe deposit boxes
Trusts
Life Insurance policies (indicate face value, cash surrender value and current
beneficiaries)
Annuities
Gifts
Inheritances
Patents, copyrights, inventions, royalties
Personal property outside the home
Businesses (list all owners, including percentage of ownership, and officer/director
positions held by as party with company.)
Employment termination benefits - severance pay, workman's
compensation claim/award
Profit sharing plans
Pension plans (indicate employee contribution and date plan vests)
Retirement plans, Individual Retirement Accounts
Disability payments
Litigation claims (matured and unmatured)
( ) 22. MiiitaryN.A. benefits
( ) 29. Education benefits
(x ) 24. Debts due, including loans, mortgages held
(x ) 25. Household furnishings and personalty (include as a total category and attach
itemized list if distribution of such assets is in dispute)
( ) 26. Other
ti
i
MARITAL PROPERTY: Defendant lists all marital property in which either or both spouses
have a legal or equitable interest individually or with any other person as of the date this action
was commenced.
ITEM DESCRIPTION X$,LUE NAMES OF
NUMBE $ OF PROPERTY ALL OWNERS
1. 1990 Skyline Spruce Ridge $19,000.00 Diane F. Garlinger
Mobile Home Ronald L, Garlinger
NON-MARITAL PROPERTY: Defendant lists all property in which a spouse has a legal or
equitable interest which is claimed to be exclude from marital property.
ITEM DESCRIPTION VALUE NAMES OF
NUMBE $ OF PROPERTY ALL OWNERS
1, NONE
PROPERTY TRANSFERRED: Defendant lists all property in which either or both spouses had
a legal or equitable interest individually or with any other person and which has been transferred
within the preceding three years.
ITEM DESCRIPTION VALUE NAMES OF
NJiMBER OF PRO ERTY ALL OWNERS
NONE
II ,
I
I 1 li
1
I , . , 1 II, i {I 1 i (
I '1 ! fl - 1 -1 I 111]t
I 4 I r In 1, ,l 1'?I? 1 , , I
? 1 IJ ??, pI I,1,yr
fl , I i 1'-1
1 l
yl { ' l1,'1 { . 1 t'I ij1,1 ! t? !I I ! tl'!li 1,31
', 1 11 t r11,:?i 11!111 hl?^:rf li i ? 1 ,11 ,, ,1 , 1?1??i1? :ti
I C1 Lill IJ 11, uy'Illi t ,li ll I ,_1 !I Ili 111??t??
I,V Z< gntl :lip {II ( 1 1 1 { !11,'11 1l jlli??
F) !.? 0 111 rl I? Irl?.: ?
liil 1 111, ??it ?4 t, i q ll,?ll icy°qr {IY k3.?.?-ti
i r 1111 {121 k11 ?i 1?pgllu'-`47 F'' ?,l?.n:
f, Y 1y1{C{kur} ?l ?F?}r11?y??1 ? S 1
1 II 1 t,'l lr (f ..t f?!fi1C?i???`blT?
LIABILITIES OF PARTIES: Defendant lists all liabilities of either or both spouses alone or
with any person as of the date of separation,
ITEM NAMES OF NAMES OF AMOUNT OF DEBT
D& ALL CREDITORS ALL DEBTORS PRESENTLY SEPARATION
1. Postmark Credit Union Diane and Ron $7557.94 $9155.75
(9/30/96) (11/10/96)
2. Postmark Credit Union/Visa Diane $1432.77 $1434.04
(10/4/96) (11/6/95)
3. PA. Central FCU Diane and Ron $4482.71 $5923.85
23143-024 (9/30/96) (11N2/95)
4. PA. Central FCU Diane and Ron $ U $ 735.20
23143-034
5. PA Central Visa Diane and Ron $0 $ 359.61
6. Riegler and Shienvold& Assoc. Diane and Ron 5552150 5692.50
(10/15/96)
7. Family Enrichment Resources Diane and Ron $ 0 $ 351.12
8. Sears Diane and Ron $ 0 5139.38
9. Boscov's Diane and Ron so $124.76
W .A
I` '.
VERIFICATION
I verity that the statements made herein are true and correct. I understand that Me statmnents herein
am made subject to the penalties of 18 Ps. C.S. §+4904, rclai g t71 worn f Ise do to authorities.
Data: Lit, y ' X11 _ k t
DIANE GARLINGEk '
' ' u I, l1 I'? ?1
I' ? I I l 1 i ? 11 )i!, I ,? I l 1, i. I
l 1111 ??i(Itlli 11 E'I ?^sl tl'?I I%?I
' ? ? ? '1 I I I?q III I I.
l ? I I'r I II t? tl. Ityyt iY l?Ilit (d?l1l I ?, 111 )????
i? III ?l1 111'In 1? ?????, ti 1 t . nh
,l
- i ? 11,II It f L?U? f Y ?rr ??Il I..?Ilf. iA
I I l ?. I II II????II ?I{lt 1?1??j111 tit hl I
1? ? ? II II'?It?)r??l+ {?1 sl 1{'
I '.) `„ I 1 I )t-1. 111 KII (1,
BRYAN S. WALK
AT7'oma AT LAW
IWI19 WALNUT WORST
HARRISBURG PA 17101
phoit: 2MI13
RONALD L. GARLINGER - IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff CIVIL, ACTION IN DIVORCE
VS.
DIANE F. GARLINGER
DEFENDANT NO. 2179 19 _
UTANG r. GARLINGER A3XXkd0M X (Defendant), moves the court to appoint
a master with respect to the following claims:
(X ) Divorce ( X) Distribution of Property
( ) Annulment ( ) Support
( ) Alimony ( ) Counsel Fees
( ) Alimony Pendente Lite ( ) Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claams(s) for which the
appointment of a master is requested.
(2) The defendant (has) 7(UXX.•36- appeared in the action QG3atif•YIHKXX44
(by his attorney,__DRYAN S. WALK _ ,Esquire).
(3) The staturory ground(s) for divorce (is) (a^re)
IRRFTRIFVABLE BREAKDOWN _ _
(4) Delete the inapplicable paragraph(s):
(a) The action is not contested.
(b} - d.r,••ergreemett a -ire..- b e e? -reae keci-.F* j-.tk-reepe e•E--tom- eho
-f`O.1?.eN?R$•-C lfl•PIES•.---------------- ----- - - --- - --- - -
(c) -The action is contested with respect to the following
claims:division_o_f _pro erty_ division of marital debt; and visitation
(5) The acti.ou:-p;l4ftCi}!d4tto,' (does not involve) complex issues of law
or fact.
(G) The hearing is expected to take 2 _(hours) >(8lIjC4tyt.
(7) Additional information, if any. relevant to the motion:
Date 7 Sr -- ---- - -- -- --- tC fN?f ?--
?T t .y for llfelkm)
(Defendant)
OP_DET,_APPOI_N_TING MASTER
AND NOW ?1??1 > I 1 19 (_, HT) ?i /. ¢--'\ Es uir?s
is appointed mastet witt?spect to the following claims: f L - 4
Ey t e Co rt:
14
J,
,
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SIN AkINN3d
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96 r ,
- 30
I
-0111
3
1 M.
BRYAN S. WALK
A7TORNEYAT LAW IN-112 WALNUT STREET
HARRISBURG, PA 17101
MONK (717) 238.5113
FAX: (717) 238.4793
August 2, 1997
Robert E. Elicker, 11, Esq,
Divorce Master
9 North Hanover Street
Carlisle, PA 17013-3014
Re: (iarlinger v Qar inger
96-2179-Divorce
Dear Master Elicker:
In light of Mr. Bach's letter dated August I, 1997, we are hereby requesting that a
Master's Hearing be scheduled as soon as possible. It seems apparent to me that Mr. iarlinger
does not wish to reach agreement as proposed but wishes to litigate this matter.
Please contact me to schedule a convenient time for the hearing to be held.
Sincerely,
E S. Walk, Esquire
cc
James M. Bach, Esquire
352 S. Sporting Hill Road
Mechanicsburg, PA 17055
JAMES M. BACH
Attorney At Law
352 S. Sporting Hill Rd., Mechanicsburg, PA 17055, Tel: (717) 737.2033
August 19, 1997
E. ROBERT ELICKER, II, DIVORCE MASTER
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY COURT OF COMMON PLEAS
9 NORTH HANOVER STREE'T'
CARLISLE, PA 17013
RE: Ronald L. Garlinger, fr. vs. Diane F. Garlinger
No. 96-2179 Civil
In Divorce
Dear Mr. Elicker:
I am now responding to your letter dated August 15, 1997. In paragraph 2 of
said letter, you request authorization to date the affidavit and the waiver signed by my
client.
Accordingly, you are hereby authorized to date the affidavit and the waiver
whenever it is appropriate for you to do so.
Respectfully,
JAMES M. BACH
Attorney-at-Law
JMB/jm
cc: Ronald L. Garlinger
RONALD L. GARLINGER,
Plaintiff
V.
DIANE F. GARLINGER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-2179 CIVIL TERM
IN RE: PETITION FOR SPECIAL RELIEF
Proceedings held before the
Honorable HAROLD E. SHEELY, P.J.
Cumberland County Courthouse, Carlisle, Pennsylvania
on Tuesday, October 28, 1997, commencing at 4•:00 p.m.
in Courtroom Number Five
APPEARANCES:
James M. Bach, Esquire
For the Plaintiff
Bryan S. Walk, Esquire
For the Defendant
I THE COURT: Mr. Bach, you may call your
2 client. I re ad the petition.
3 MR. WALK: Your Honor, if I may before we
4 start, we fil ed a petition for special relief. I don't know
5 if the Court has both petitions.
6 THE COURT: I only saw the one. I saw Mr.
7 Bach's petiti on. We'll hear his first, and then we'll
8 hear -- I hav en't looked at yours. Okay. Go ahead. We'll
9 go through wi th his first, then I'll take a look at the
10 other side.
11 Whereupon,
12 RONALD L. GARLINGER
13 having been duly sworn, testified as follows:
14 DIRECT EXAMINATION
15 BY MR. BACH:
16 Q What is your name?
17 A Ronald L. Garlinger.
18 Q And what is your address?
19 A 920 North Front Street, Apartment 7,
20 Wormleysburg, PA, 17043.
21 Q Are you married?
22 A No. Yes. Yes, I am.
23 Q You're separated at the present time?
24 A Yes.
25 Q Did you and your wife -- what is your wife#e
2
i name?
2 A Diane F. Garlinger.
3 Q Did you and her own a trailer at one time?
4 A Yes, air.
5 Q Did you sell it?
6 A Yes.
7 Q When was it sold?
8 A Mid to late July, I bel ieve.
9 Q And how much money was left after the sale or
10 what were the net proceeds check?
11 A six and -- $7,000.00, I believe.
12 Q And that's a check made payable to you and to
13 Diane F. Garlinger, is that right?
14 A Yes.
15 Q What was the net check again, Mr. Garlinger?
16 A I think it was between 6 and $7,000.00. I'm
17 not quite sure.
18 THE COURT: Do we know for sure what the
19 amount was?
20 MR. WALK: $7,858.91.
21 THE COURT: $7,858.91. That was payable to
22 both parties, joint check?
23 MR. WALK: Yes.
24 THE COURT: Go ahead. I !',i7
25 BY MR. BACH: i
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1 Q Where is that check now, if you know?
2 A I don't actually know. I believe Mr. Walk
3 has it. I don't know.
4 Q Mr. Walk has it. And you're asking the
5 Court -- your wife has refused to sign that check, is that
6 right?
7 A Yes, sir.
8 Q And you would like the check cashed so you
9 can at least get half the money at this time, is that right?
10 A Yes, sir.
11 MR. BACH: I have nothing further.
12 THE COURT: Cross-examine.
13 CROSS-EXAMINATION
14 BY MR. WALK:
15 Q Mr. Garlinger, at the time of settlement you
16 refused to si gn the check and have it deposited into an
17 escrow account, didn't you?
18 A Yes, I did.
19 Q And, in fact, since the time of settlement
20 you and your attorney have consistently refused to sign the
21 check and dep osit it in escrow to be distributed once, the
22 Master makes his ruling, am I correct on that?
23 A I know of the one time. I don't --
24 Q You have, since the time of separation, pe?11 . !
25 approximately $800.00 towards the marital debts hhvoflot youf ?,
I IJ y't?
4
i r 1 t1iLL?.uyy!
I A Yes, air.
2 Q Your wife, soon to be ex-wife, has made
3 roughly about, I believe, six thousand or so towards the
4 marital debt. You got th ose figures, didn't you?
5 A I think so. I can't recall.
6 Q Well, did you discuss with Mr. Bach around
7 the beginning of August - -
8 MR. BACH: Objection, Your Honor. What he
9 discussed with me is not relevant. It's also privileged.
10 THE COURT: I agree with that.
11 BY MR. WALK:
12 Q Did you, after the date we were at Master
13 Elicker's offi ce for the first pretrial hearing, were you
14 shown at any p oint a letter from my office?
15 MR. BACH: Objection, Your Honor. What I
16 showed him or what I did --
17 MR. GARLINGER: He received a letter from his
18 office.
19 MR. WALK: From my office outlining the debt
20 at the time of separation and t he debt as of August the 2nd?
21 MR. GARLINGER: I believe I received that.
22 THE COURT: when we are referring to debt,
23 what do we mean?
24 MR. WALK: Your Honor, marital debt, credit
25 cards, trailer payments mostly. There's a couple other
5
. ,
I minor things, counseling and some what's termed family
2 enrichment services and a loan.
3 THE COURT: The encumbrance on the trailer,
4 was that paid off at the time of settlement?
5 MR. WALK: Yes.
6 THE COURT: So that's no longer a marital
7 debt?
A
8 MR. WALK: Yes, the debt has been paid off. !
9 BY MR. WALK:
30 Q Were you shown the letter concerning all the
11 marital debt and the amounts that have been paid by your
12
wife? dd
13 A I believe so, yes.
14 Q And do you recall that there was
15 approximately $11,319.00 that was paid by your wife towards
16
this debt? i
17 A I don't recall the exact amount, no.
18 Q Well, she paid thousands and thousands
19 I
towards the debt where you paid less than a thousand,
.,
20 correct?
21 A I guess, yes.
22 Q And isn't it a fact that you agreed through
23 discussions with your counsel and me at the Master's hearing
24 and after that, that the proceeds of the trailer would
25 belong to your ex-wife?
6
I MR. BACH: Objection, Your Honor. There was
2 no --
3 THE COURT: Overrule your objection. He can
4 answer it either yes or no.
5 MR. GARLINGER: I don't believe I agreed to
6 that.
7 BY MR. WALK:
8 Q Well, you signed a proposed agreement, didn't
9 you?
10 A That was to pay X amount of dollars a month,
11 I believe.
12 Q Did you read that agreement before you signed
13 it?
14 A I don't recall that.
15 THE COURT: If you have something in writing,
16 do you want to mark it?
17 MR. WALK: Your Honor, it's attached to my
18 petition, so the Court can follow along. It is Exhibit E of
19 my exhibit, of my motion, Your Honor, E as in elephant, and
20 I did serve Mr. Bach with a copy of this by first-class mail
21 pursuant to the Rules of Civil Procedure.
22 BY MR. WALK:
23 Q Mr. Garlinger, I'll show you what I will mark
24 as Defendant's Exhibit 1 for identification purposes. It's
25 in our petition for special relief, Exhibit E, as I had
7
I stated.
2 A I didn't see this one.
3 Q If you could look at these two pages I am
4 showing you, okay, and the second page, and is that your
5 signature on the second page?
6 A Yes, it is. I don't think I read the paper,
7 but, yes, that is my signature.
8 Q And that's Page 2, is it not?
9 A Yes, I guess.
30 Q You did not read the first page where it
11 outlines the debt and whether you agreed that was owing?
12 A I don't believe so.
13 Q You didn't agree that you owe your wife an
14 additional $3,004.00 after she receives all the proceeds
15 from the trailer?
16 A I guess if I signed it, I did.
17 Q Well., did you or didn't you?
18 A I signed it, so, yes, I did.
19 Q so you agreed to that. Were you aware why'
20 your counsel retyped the second page of this agreement ft"
21 what the Master forwarded to counsel?
22 A I don't believe so. I don't know. .?,,_?'
23 Q Did you see the original offer from the,
24 Master as he typed it up?
25 MR. WALK: Your Honor, that's attached, I i`
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believe, as an exhibit.
THE COURT: I was looking on here. I don't
see anything where he -- when the trailer is sold, he agreed
that the net proceeds will be paid over to his wife.
MR. WALK: Well, Your Honor, if I may, on the
first page of Exhibit E at the bottom, husband's share of
marital debt -- I outlined it. Husband's share of marital
proceeds, 3,900 -- there's a total $8,531.00 that was owing
from Mr. Garlinger to Mrs. Garlinger, then we subtracted the
3929 which would be his share if he split it 50/50, and all
the numbers there add up to him owing an additional
$3,004.00.
THE COURT: The 3,929.45, what's that? Is
that a half of the 78 --
MR. WALK: Yes, if we were to do a 50/50
split.
BY MR. WALK:
Q Did you see the original agreement that
Master Elicker forwarded to your counsel?
A I've seen so many papers, I couldn't may.
MR. WALK: Your Honor, for the record, that's
attached as Exhibit C.
BY MR. WALK:
Q So you're not aware why your counsel retyped
the second page of the agreement changing things and
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forwarded it with your signature to met
A Like I said, I see so many papers I really
couldn't say.
Q Well, you and your counsel have discussed --
let me rephrase. Your intention is not to file bankruptcy
upon the conclusion of this divorce?
A It depends on how much money I'm going to,
you know, I'm financially strapped right now, so I couldn't
say right now that when it's finalized, yes, I'm going to
file bankruptcy or no, I'm not. I can't say.
Q Well, on August the 22nd, when you dated this
agreement, Mr. Garlinger, you agreed that you owed your wife
an additional $3,004.00, and you would receive none of the
marital proceeds from the sale.
MR. BACH: I'm going to object, and I'll tell
you why. The Master in this case is Robert Elicker. He
scheduled a hearing on these debts for sometime in January
of 198. We're here today not about these collateral debts.
There were no debts attached to the mobile home net proceeds
check. It's a check doing neither one of these people any
good. That loan or debt, collateral debt, must be taken
care of by Elicker in January.
THE COURT: But do you agree, Mr. Hach, that
the agreement says that he will pay over to his wife his
share of the marital home proceeds?
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MR. BACH: Your Honor, that's not an
agreement. That was rejected by the other side. It was
opposed. It was sent by Bob Elicker to counsel. I was -- I
reviewed it. I was not happy with the wording of the
language on the second page.
I therefore changed it in conformity to the
interest of my client, submitted it to Mr. Walk, and Mr.
Walk on behalf of his client rejected it, so that's nothing
right now. It's nowhere.
BY MR. WALK:
Q Mr. Garlinger, you don't dispute you owe your
wife $8,500.00 for your share of the marital debt, do you?
MR. BACH: Your Honor, I just had an
objection. These debts are going to be taken care of by Bob
Elicker.
MR. WALK: Your Honor, the problem we have
here, this is the only marital debt that is left. If Mr.
Garlinger gets his share of this debt when we have disputed
he even being entitled to 50 percent now, this needs to be
resolved by the Master. Mr. Bach assumes his client should
get 50 percent.
THE COURT: Just ask him questions now.
We'll hear your arguments later on. I understand what
your BY MR. WALK: t
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Q Mr. Garlinger, you owe your wife $8,500.00 as
set forth in this agreement, don't you?
A No, I don't dispute that I owe her money.
Q And you don't have $8,500.00 to pay her?
A No, I don't.
Q And you agree through your decision by
signing this and your understanding at the time we were at
Master Elicker's office is that you would receive nothing
from the mobile home sale, isn't that correct? That was
your understanding when you left Master Elicker's office?
THE COURT: Has Mr. Elicker -- he hasn't
rendered an opinion yet?
MR. WALK: We're qoinq back for a new hearina
now, Your Honor.
BY MR. WALK:
Q When you left Master Elicker's Office that
very first time, do you recall that?
A Yes.
Q You were under the impression, were you not,
that you would receive nothing from the marital home?
A For the most part, yes.
Q And you asked, through your attorney, for us
to provide you copies proving what your wife paid, correct,
cancelled check statements?
A Yes, I did.
12
I Q And you saw those, didn't you, that I
2 provided to your attorney?
3 A I don't recall seeing them, but I probably
4 did. I can't say for sure.
5 Q You're aware I forwarded that stuff to your
6 attorney, aren't you?
7 A I believe so, yes.
8 Q Were you aware your attorney sent a letter
9 agreeing that those figures were correct?
10 MR. BACH: Your Honor, this witness also said
11 he's not disputing that his wife has paid these debts in the
12 amount of $900.00. That is a collateral issue. He's even
13 testified he's not disputing it. They're not attached to
14 this check.
15 MR. WALK: Then why are we here?
16 MR. BACH: We are here to have the check
17 cashed and each party --
18 THE COURT: I understand his position. I
19 understand yours. Anything else you want to ask him about
20 the marital debt?
21 BY MR. WALK:
22 Q Are you working now?
23 A Yep.
24 Q Have you been working?
25 A Yes, I have.
13
1 Q Have you been laid off?
2 A Nope.
3 Q since the time of separation have you been
4 laid off?
5 A I was off for one week due to changing jobs,
6 but other than that, no.
7 Q Other than that, you're working, and just for
8 the record you and your wife make virtually the same amount
9 of money. You're aware of that, right?
10 A Pretty close.
11 Q I mean within a few hundred?
12 A As of now, no, we don't.
13 Q Within a few hundred dollars?
14 A Okay.
15 Q Do you agree with that?
16 A I guess. I have no idea what she makes.
17 Q And who has custody of your son?
18 A Diane does.
19 Q And where does Diane live?
20 A With her parents.
21 Q Where do you live?
22 A By myself right now.
23 Q You have your own place?
24 A For the next thirty days until I'm done.
25 Q Don't you live with your fiance?
14
1 A No, I'm not.
2 Q You have your own apartment?
3 MR. BACH: Relevancy, Your Honor. I don't
4 know where this is going.
5 MR. WALK: Your Honor, I'm just trying to
6 determine why he thinks he should have special relief here.
7 THE COURT: I haven't heard anything yet.
8 I think I've heard both sides about this marital --
9 MR. WALK: I have nothing further for this
10 witness, Your Honor.
11 THE COURT: If you want to call him in your
12 case, you may do that.
13 MR. WALK: Certainly.
14 THE COURT: You may step down, sir.
15 i haven't read your side of the petition. what is your
16 client asking for?
17 MR. WALK: Your Honor, we're asking for Mr.
18 Garlinger to sign the check so we can deposit it into an
19 escrow interest-bearing account where I've agreed that none
20 of that money would be disbursed until Master Elicker or the
21 Court of Common Pleas of Cumberland County rules on the
22 equitable distribution issues.
23 THE COURT: Does your petition, Mr. Walk,
24 want any other relief other than what we're arguing about
25 here?
15
y.,
1 MR. WALK: Yes, we would ask for attorney's
2 fees for the filing of what we consider a frivolous motion
based upon all the reasons I set forth in my petition and
4 Mr. Bach's deceptive nature.
5 THE COURT: You want to put anything on the
6 record about that from your client?
7 MR. WALK: I'm sorry, put anything on the
8 record in regards to?
9 THE COURT: Your attorney's fees issue.
10 MR. WALK: Sure.
11 THE COURT: Go ahead.
12 MR. WALK: Diane.
13 Whereupon,
14 DIANE F. GARLINGER
15 having been duly sworn, testified as follows:
16 DIRECT EXAMINATION
17 BY MR. WALK:
18 Q Diane, could you just state your full name
19 for the record, please.
20 A Diane F. Garlinger.
21 Q And just so we're clear here, you're the
22 Defendant in the divorce action?
27 A Correct.
24 Q And you're the wife of Ronald Garlinger who
25 just testified?
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A Correct.
Q Could you just tell the Court, if you can,
approximately how much in attorney's fees you owe at the
present time?
THE COURT: As a result of this petition?'
BY MR. WALK:
Q Let me rephrase that. As a result of this
petition, could you estimate what you will owe in attorney's
fees based upon the filing of our petition, the appearance
here in court, the travel time, and things of that nature?
A I would say at least a minimum of $500.00.
THE COURT: Has Mr. Walk -- has he informed
you that he will be charging you on an hourly basis?
MRS. GARLINGER: Yes.
THE COURT: And what is the hourly rate that
he's going to charge you?
MRS. GARLINGER: $90.00 an hour.
THE COURT: And you estimate that for the
time and all this, that you're going to be billed maybe --
MRS. GARLINGER: Approximately $500.00,
between examining the petition from Attorney Bach and filing
his own petition and travel time and the time here today,
air.
THE COURT: That is a correct hourly rate
that you're charging?
17
1 MR. WALK: Yes, Your Honor.
2 THE COURT: Okay. Anything else you'd like
3 to ask her?
4 MR. WALK: On the issue of attorney's fees,
5 no.
6 THE COURT: Okay. Was there anything else?
7 MR. WALK: Your Honor, I don't want to waste
8 the Court's t ime by rehashing the figures. I think we're in
9 agreement on the fi gures. Maybe I'll just have one or two
10 questions.
11 THE COURT: On the other issues?
12 MR. WALK: Yes.
13 BY MR. WALK:
14 Q Mrs. Garlinger, the numbers that I asked your
15 husband about , the $8,531.59, are those correct numbers?
16 A Yes.
17 Q And is it your understanding that an
18 agreement was reach ed on at least one or two occasions with
19 your husband as to disposition of the proceeds of the
20 marital home?
21 A Yes.
22 Q Have you ever been asked by Mr. Bach to sign
23 that check?
24 A No.
25 Q Have you signed the check?
18
I A Yes, when I dropped it off at your office I
2 signed it there in front of you, and that was approximately
3 maybe two or three days after the settlement, which was June
4 20th.
5 Q Has your, husband refused to sign the check so
6 it could be deposited?
7 A Yes.
8 Q Has that check, as far as you're aware, ever
9 been deposited in an interest-bearing account?
10 A I don't see how it can be without his
11 signature.
12 Q Where do you believe the check has been for
13 the last three months?
14 A sitting in probably a locked desk drawer, I
15 would hope.
16 THE COURT: You agree, Mr. Walk, you have the
17 check, right?
18 MR. WALK: Yes.
19 BY MR. WALK:
20 Q You're at the present time living with your
21 parents?
22 A Yes, I'm financially unable to move out. If
23 it was not for my parents, I would be on the street.
24 Q And you and Mr. Garlinger, as I stated, make
25 virtually identical salaries, within a few hundred?
19
1 A Yes, as far as the figures that were
2 submitted to the Master.
3 Q And do you know how much you paid on the
4 marital -- let me rephrase that. Is it correct that you
5 paid approximately $11,300.00 since the time of
6 separation --
7 A Yes.
8 Q -- on the marital debt?
9 A Yes. Actually I have paid all the debt in
10 full and removed Mr. Garlinger's name off the remaining debt
11 as the Master had requested be done in his proposed
12 stipulation.
13 Q And that $11,000.00 figure does not include
14 the payoff for the mobile home, does it?
15 A No, it does not. That was duducted based
16 upon the sale, what we received as payment for the mobile
17 home. They deducted the loan that held the title, and then
18 we got the proceeds, so that does not include any of that.
19 Q And were you aware that Master Elicker sent a
20 proposed agreement based upon the meeting we had at his
21 office to me?
22 A Yes, we had a phone conversation on that.
23 THE COURT: Has there been any actual
24 testimony offered by either party before Mr. Elicker7
25 MR. BACH: No, Your Honor.
20
,,,Hewers
1 MR. WALK: We tried to resolve it, so that0s
2 what's going to have to be done, yes.
3 BY MR. WALK:
4 Q And that agreement sent by Mr. Elicker was
5 reviewed with you?
6 A Yes.
7 Q And at some point were you aware that the
8 agreement had been signed by your husband and his attorney?
9 A Yes. You had also contacted me to notify me
10 that there was a change to the agreement and how I felt
11 about that.
12 Q And the change to the agreement, do you
13 recall the m ajor issue that was changed?
14 A That Mr. Garlinger took out the portion that
15 he would not file bankruptcy on the remaining $3,000.00 that
16 he owes me, and he also changed -- we requested monthly
17 payments of $100.00. He changed that to $50.00.
18 MR. WALK: Thank you.
19 CROSS-EXAMINATION
20 BY MR. BACH:
21 Q Ma'am, in order for the record to be clear
22 here today, this check represents the sale of the mobile
23 home, is that right?
24 A Yes, it does.
25 Q And there are no liens attached to that
21
I check; in other words, the mobile home was paid off and this
2 in the clear proceeds?
3 A There are no clear encumbered liens against
4 that home.
5 Q So this would be the profit for the sale of
6 the mobile home?
7 A Correct.
8 Q That check is made out to you and Mr.
9 Garlinger, is that right?
30 A Correct.
it Q And it's because you and Mr. Garlinger were
12 the title holders in the mobile home upon sale, is that
13 right?
14 A Yes, we both legally owned the home at that
15 time.
16 Q And upon sale it went to the legal owners,
17 yourself and Ronald Garlinger?
18 A Yes.
19 Q And that check was signed by you and given to
20 your attorney, is that right?
21 A Correct.
22 Q And your position has been that you want thin
23 check, the entire proceeds, to go to you in lump sun Qeoauoo
24 you have made certain payments above and beyond
25
A The value. ??• ?rr}
?I??? ?
1 1 ,i? 1 '?.,1
22 c;ll'I? 1'e 1 y? 4
1
1 Q -- the value of the proceeds. You have paid,
2 I believe you said, around $11,000.00 out of your pocket,
3 and you would like the entire check to go to you to be
4 applied toward that loan, that debt, is that right?
5 A My feeling is, yes, I am entitled to the
b entire proceeds of that check because Mr. Garlinger and his
7 girlfriend resided in that home while I paid the payments on
8 that home.
9 Q Understand now, ma'am, there has been no
10 dispute that that has been your feeling throughout here,
13. that you wanted the entire proceeds check at one time, lump
12 sum, to be applied against the loan.
13 A I want the Court to decide who gets that
14 check.
15 Q Now, ma'am, from the time that check was
16 given to your attorney at the time of settlement until
17 today, the only way it got to Court is because of a petition
18 filed by Ronald Garlinger, your husband, is that correct,
19 for the Judge to hear it today?
20 A Correct, but that was also supposed to be
21 part of Master Elicker's recommendation.
22 Q And in reaction to that decision apparently
23 yesterday or the day before your attorney filed another
24 petition addressing the identical issues filed by Mr.
25 Garlinger and added a request for counsel fees, isn't that
23
I correct?
2 A Yes, he filed that last week.
3 Q so it was before the Court, and it was for
4 the reason sta ted that you want it all on account of the
5 overpayment, I believe you made, on the marriage debts?
6 A It's more than just the overpayments made to
7 the marital de bt.
6 Q Isn't that the essence of your whole
9 argument?
10 A The essence is that I have paid everything,
11 and if the deb t were outstanding that check would probably
12 go towards the debt when it was distributed.
13 Q You don't agree that Mr. Garlinger should get
14 his one-half o f the clear proceeds from the mobile home that
15 he owned one-h alf of as you owned one-half of at this time?
16 A But he did not pay one-half of it the entire
17 time, so, no, I do not feel that he is entitled to it.
18 MR. BACH: Okay. I have nothing further for
19 this witness.
20 MR. WALK; Your Honor, two questions.
21 REDIRECT EXAMINATION
22 BY MR. WALK:
23 Q Are you aware whether your husband has
24 threatened to file bankruptcy if he doesn't get his way?
25 MR. BACH: Objection, Your Honor, threatening
24
1 to file bankruptcy
2 THE COURT: Say it another way.
3 MR. BACH: -- exercizes legal rights if you
4 say it that way.
5 BY MR. WALK:
6 Q Mrs. Garlinger, you're not asking this Court
7 to order Mr. Garlinger to sign the check so you can receive
8 that money today, are you?
9 A No, I'm asking that it be put in an
10 interest-bearing escrow account until we have a final
11 hearing on all the divorce matters.
12 Q The full hearing on all the marital issues
13 surrounding the liabilities and the assets as we understand
14 it will occur in January?
15 A Correct.
16 MR. WALK: That's all I have.
17 RECROSS-EXAMINATION
18 BY MR. BACH:
19, Q You understand, ma'am, that Mr. Garlinger is
20 asking the Court today to order and direct that the check
21 proceeds be distributed instantly to the parties?
22 A I understand what he wants, yes.
23 Q So there's no dispute on that?
24 A I wouldn't say there's no dispute. I
25 understand what he wants.
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BY THE COURT:
Q Just briefly, Mrs. Garlinger, can you'tell me
when were you two married?
A We were married October the 14th of 1989. We
separated November the 14th of 1995.
Q And there was one child born?
A Yes, he was born May 12th, 1995.
Q And what's the name of the child?
A He goes by the name of R.T., but it's Ronald
L. Garlinger, III.
Q I'm sorry, I was doing something else.
A He goes by the name of R.T., but it's Ronald
L. Garlinger, III.
Q Ronald, III?
A Yes.
Q And Ronald lives with you?
A Yes, he lives with me and my parents.
Q And does Mr. Garlinger pay support for him?
A Yes, that was awarded July of 1996.
THE COURT: All right. You may step down.
ORDER OF COURT
AND NOW, this 28th day of October, 1997, a
hearing was held today on a petition for special relief
filed by both parties. Mr. Garlinger's petition was filed
on October 2nd at 3:24 p.m. and Mrs. Garlinger's petition
26
1 was filed October 23rd at 3:24 P.M.
2 Basically what was involved in this hearing today
3 is this: The parties during their marriage owned a trailer
4 that was titled in both names. The trailer was sold and the
5 net proceeds from the trailer's sale were in the amount of
6 $7,858.91, and the proceeds were payable to both parties.
7 There is a dispute now as to what should happen to
8 the proceeds. Mr. Garlinger is asking that one-half of the
9 proceeds be awarded to him. There is a proceeding before
10 the Divorce Master in which the Divorce Master is going to
11 have to make a proposed order of equitable distribution.
12 The wife claims that the money should be held and the
13 proceeds divided as directed by the Master.
14 I believe that this property is marital property.
15 It was acquired during the marriage, and I believe that the
16 proceeds of the trailer should be decided by the Master as
17 part of the equitable distribution in divorce, and,
18 therefore, the request of Mr. Garlinger that he receive at
19 this time one-half the proceeds is refused.
20 I would direct that Mr. Garlinger execute the
21 check. I further direct that the money be deposited in an
22 escrow account which would require both the signatures of
23 Bryan S. Walk, Esquire, attorney for Mrs. Garlinger, and
24 also require the signature of James M. Bach, Esquire,
25 attorney for Mr. Garlinger, before the proceeds could be
s9
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distributed in any manner. I would direct that the money
remain there until the matter of who gets the money from the
trailer is decided by the Master in divorce.
By the Court,
is/ Harold E. $heely
P.J.
THE COURT: So you sign the check., sir. It
will be in an account. Mr. Bach's name will be on tiie
account, Mr. Walk's name will be on the account, and then
the Master will decide how the check -- we'll just add on
there, the request at this time for special counsel fees on
behalf of Mrs. Garlinger is refused.
MR. WALK: Your Honor, if I may, just one
other minor issue. We have a check here for $100.00 that
was made out to Mr. and Mrs. Garlinger to deposit, a
security deposit refund from the trailer park. We'd like
that to be deposited also.
THE COURT: We will also direct that the
refund check in the amount of $100.00 be deposited by both
parties and also be deposited in the escrow account which
again will be open in the names of both parties and will
require their signatures to disburse the funds.
MR. BACH: For the record and in closing,
Your Honor, Mr. Garlinger has complied with the direction of
28
I the Court and has signed both checks.
2 THE COURT: So you guys are going to have to
3 gat together unless you just want to have him open the
4 escrow account up and --
5 MR. BACH: I believe he can open the escrow
6 account up, Mr. Walk. I have no problems with that.
7 THE COURT: We will direct that the money be
e deposited in an escrow account at this time to be deposited
9 by Mr. Walk. The money will remain in this account until
10 such time as the Master in divorce decides who gets the
11 money as part of the order of equitable distribution.
12 That will protect you, sir. He's an
13 attorney-at-law. I'm not worried about where the money is
14 going to end up.
15 (Whereupon, the above proceeding concluded.)
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I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on the
above cause and that this is a correct transcript of the same.
Laura F. Handley
official Court Reporter
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and directed to
be filed.
hm*,
Dat J
Harol E. h , .J.
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RONALD L. GARLINGER, sIN THE COURT OF COMMON PLEAS OF
PLAINTIFF/RESPONDENT :CUMBERLAND COUNTY, PENNSYLVANIA
s
Vs. s No. 96-2179 CIVIL ACTION
s
DIANE F. OARLINOER, s
DEFENDANT/PETITIONAER: IN DIVORCE
I, JAMES M. MACH, do hereby certify that I have mailed to
the individual listed below, a True and Correct copy of the
foregoing:
PETITION FOR SPECIAL RELIEF
ORDER OF THE COURT
by placing a copy of same in the United States Mail, first class,
postage prepaid, on the 91n day of October 1997, and addressed as
follows:
BRYAN S. WALK, ESQUIRE
108-111 Walnut Street
Harrisburg, PA 17101
DATE 0 ' - By
JAM" M. BACH, ESQUIRE
Attorney I.D.# 18727
352 S. Sporting Hill Rd.
MECHANICSBURG, PA 17055
(717)737-2033
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ArrOWKYA7LAW EP ) 1 1W
106.117 walnut Strom
H4rftWrp, PA 17101
(717) 238.5113
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RONALD GARLINGER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 96-2179
DIANE GARLINGER, CUSTODY
Defendant
(.
AND NOW, this 1S_ day of Au usk.?)-97, upon consideration of
the attached stipul'at.ion for modification of custody agreement is
ordered and directed as follows that the order of this Court dated
October 'l, 1996, is hereby modified as follows:
Under, paragraph 6 of the existing custody order signed by this
Honorable Court, it is stated as follows: The parties shall share
alternate custody of the child on holidays as follows:
a. Christmas - In every year, the father, shall
have custody of the child on Christmas day from 10:00
a.m. until 9:00 p.m. and from December 27th at 6:00 p.m.
until January 1st at 6:00 p.m. and every year, the mother
have custody of the child from 9:00 p.m. Christmas day
through December 26th. The mother shall have custody of
the child from December 21st until Christmas day at 10:00
a.m. The father's overnight periods of custody under
this provision in 1996 shall be supervised by the
paternal grandparents.
It is further ordered that the Custody order dated October '1, 1996
be modified to include the following provisions:
The parties do hereby agree that the child should be
raised and taught through the Church of God religious affiliation.
Both parties agree to honor this agreement and attempt to the best
of their, abilities to raise a child under the Church of God
religion.
It is agreed that neither party will smoke in the
presence of the child. It is further agreed that both parties will
attempt to the best of the.i.r abilities to limit any other type of
smoking in the presence of the child to the best of their ability.
Both parties agree that should Mrs. Garlinger's parents
be unable to provide day care supervision for any reason that Mr.
Garlinger and/or his parents be given the option to care for the
child on that day. If Mrs. Garlinger's parents, Mr. Garlinger
and/or his parents can not provide care on the given day(s) and
the child would need to be placed in a day care temporarily on a
regular basis, all costs shall be split equally among the
parties. The expense of splitting the day care costs are meant
to be split 50/50 between both Mr. Garlinger and Mrs. Garlinger.
The parties do hereby agree that the weekly visitation
remain on Tuesdays the time being 5:30 p.m. to 6:30 p.m. -
It is further ordered and decreed that all other terms
of the custody agreement signed by this Court on October 7, 1996,
remain in effect as stated in the order dated October 7, 1996.
BY THIS COURTc
cc: James M. Bach, Esquire C ?? r.na`4n? g1cV14
Bryan S., Walk, Esquire ,S.e.
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RONALD GARLINGER,
Plaintiff
V.
DIANE GARLINGER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-2179
CUSTODY
STIPULATION AND MOTION FOR MODIFICATION
OF EXISTING CUSTODY AGREEMENT
AND NOW, this _Itj day of August, 1997, come the above-named
parties by and through their attorneys, Bryan S. Walk, Esquire and
James M. Bach, Esquire and respectfully requests this Honorable
Court modify the existing custody agreement as follows:
1. On or about October 7,
Court of Common Pleas in regards
reached between the parties at
held on October 1, 1996.
1996, an Order was entered by the
to the custody agreement that was
a custody conciliation conference
2. Under paragraph 6 of the existing custody order signed by
this Honorable Court, it is stated as follows: The parties shall
share alternate custody of the child on holidays as follows:
a. Christmas - In every year, the father should
have custody of the child on Christmas day from 10:00
a.m. to 4:00 p.m. and from December 22nd at 6:00 p.m.
until January 1st at 6:00 p.m. In every year, the mother
should have custody of the child from 4:00 p.m. Christmas
day through December 26th. The father's overnight
periods of custody under this provision in 1996 should be
supervised by the paternal grandparents.
3. It is agreed by both parties and through their respective
counsel that paragraph 6A of the existing custody order be modified
as follows: The parties shaL1 share or alternate custody of the
child on holidays as EolLows:
a. Christmas - In every year, the father shall
have custody of the child on Christmas day from 10:00
a.m. until 4:00 p.m. and from December 27th at 6:00 p.m.
until January lst at 6:00 p.m. and every year, the mother
have custody of the child from 4:00 p.m. Christmas day
through December 26th. The mother shall have custody of
the child from December. 21st until Christmas day at 10:00
4
4. The Parties do hereby agree that the child should be
raised and taught through the Church of God religious
affiliation. Both parties agree to honor this agreement and
attempt to the best of their abilities to raise a child under the
Church of God religion.
P.
5. It is agreed that neither party will smoke in the
presence of the child. It is further agreed that both parties
will attempt to the best of their abilities to limit any otherh
type of smoking in the presence of the child to the best of their
ability.
6. Both parties agree that should Mrs. Garlinger's parents
be unable to provide day care supervision for any reason that Mr.
Garlinger and/or his parents be given the option to care for the
child on that day. If Mrs. Garlinger's parents, Mr. Garlinger
and/or his parents can not provide care on the given day(s) and
the child would need to be placed in a day care temporarily on a
regular basis, all costs shall be split equally among the
parties. The expense of splitting the day care costs are meant
to be split 50/50 between both Mr. Garlinger and Mrs. Garlinger.
7. The parties do hereby agree that the weekly visitation
remain on Tuesdays the time being 5:30 p.m. to 8:30 p.m.
8. Both parties through their respective counsel hereby
agree that this Honorable Court should modify the existing
custody order as set forth in the Petition. In our agreement
with this entering the order as set forth by stipulation.
WHEREFORE, the undersigned counsel respectfully requests
this Honorable Court grant its motion for modification of the
existing custody agreement.
Respectfully submitted,
BY:
BrysS S, Walk, Esquire
Attorney for Diane Garlinger
BY: A
ales M. Bach, Esquire
torney for Ronald Garlinger
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RONALD L. GARLINGER, JR.,
Plaintiff
vs.
DIANE F. GARLINGER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96 - 2179 CIVIL
IN DIVORCE
NOTICE OF FILING MASTER'S REPORT
The report of the Master has been filed this date and
copies have been sent with this notice to counsel of record and
the parties.
In accordance with P.R.C.P. 1920.55 within ten (10) days
after the mailing of this notice and report exceptions may be
filed to the report by any party. If no exceptions are filed
within the ten (10) day period, the Court shall receive the
report, and if approved, shall enter a final decree in
accordance with the recommendations contained in the report.
C? ?A ' ,~ i
Date: 1/16/98 E. Robert Elicker, II
Divorce Master
NOTE: If exceptions are filed, file the original with the
Prothonotary and a copy with the Master's office. At
that time, the party filing the exceptions should notify
the court reporter in the Master's office ¦o arrangements
can be made for a transcript. Upon completion of the
transcript and receipt of payment, the entire filed will
be returned to the Prothonotary's office for transmittal
to the Court at time of argument on the exceptions.
If no exceptions are filed, counsel shall prepare an
order of Court consistent with the recommendations and
provide a proposed order of Court to the Master.
._... , ¦
Counsel shall also prepare and provide with the proposed
order of Court a praecipe+ to the Prothonotary directing
the Prothonotary to submit the case to the Court for
final disposition. The Master will then transfer the
file with the proposed order of Court and praecipe to the
Prothonotary's office for docketing and transmittal by
the Prothonotary to the Court.
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Master's office. (M the praecipe to t!
record form as set out in P.R.C.P. 1920.??? 'i
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RONALD L. GARLINGER, JR.,
Plaintiff
Vs.
DIANE F. GARLINGER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96 - 2179 CIVIL
IN DIVORCE
Record of proceedings before
E. Robert Elicker, II, Divorce Master
on Thursday, January 15, 1998,
and incorporation of agreement
AND
Findings and recommendations of Master
on wifets claims for alimony and counsel fees
APPEARANCES:
James M. Bach
Attorney for Plaintiff
Bryan S. Walk
Attorney for Defendant
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RONALD L. GARLINGER, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO. 96 - 2179 CIVIL
DIANE F. GARLINGER,
Defendant IN DIVORCE
THE MASTER: Today is Thursday, January 15, 1998.
This is the date set for a Master's hearing in the above
referenced divorce proceedings.
Present in the hearing room are the Plaintiff
Ronald L. Garlinger, Jr., and his counsel James M. Bach, and the
Defendant, Diane F. Garlinger, and her counsel Bryan S. Walk.
This case was initiated with a divorce complaint
filed on April 24, 1996, raising grounds for divorce of
irretrievable breakdown of the marriage. The parties have
signed, and the Master will file the affidavits of consent and
waivers of notice of intention to request entry of divorce
decree so that the divorce can proceed under Section 3301(c) of
the Domestic Relations Code.
On August 22, 1996, a petition for equitable
distribution was filed by the Defendant. Additional claims were
raised by petitions for alimony, alimony pendants lite, and
counsel fees. At the time of the pre-hearing conference
memorandum on Monday, February 24, 1997, counsel indicated that
any claims for alimony and counsel fees would be withdrawn.
However, Mr. Walk today indicated that his client was want4nq'to
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pursue her alimony claim and the Master is going to have the
parties relate some information about their incomes and then
make a finding with respect to the alimony issue.
Traci, would you swear the two parties, please.
Whereupon,
RONALD L. GARLINGER, JR. AND DIANE F. GARLINGER,
having been duly sworn, testified as follows:
BY THE MASTER:
Q Mrs. Garlinger, how old are you?
A I'll be 29 on the 20th of this month.
Q Where do you reside?
A Currently with my parents at 26 North 31st Street
in Harrisburg.
Q Where do you work?
A Postmark Credit Union.
Q What do you do there?
A I'm a loan service representative.
Q How are paid? Are you paid biweekly --
A Biweekly.
Q And are you paid on an hourly rate or are you
paid on a salary?
A Hourly.
Q And what is your hourly rate?
A I believe it's, like, $9.25.
Q What do you take home biweekly?
2
A $537.04.
Q Do you have any children?
A One.
Q Is that a child of this marriage?
A Yes.
Q How old is the child?
A Two and a half.
Q Are you receiving child support?
A Yes.
Q Is that being paid every week?
A That's how it's recorded. The checks come
sporadically.
Q How much are you to receive?
A $50.00 a week.
Q And you have medical insurance coverage on
yourself and the child?
A Yes.
Q You've seen the stipulation that you've signed
here, which i s an agreement, resolving the debt and equitable
distribution issues?
A Yes.
Iy
Q There is a substantial amount of debt that existai ,' ;rill
and existed a t time of separation?
A Yes.
Q And a large part of this case involves tlvllw,r 6.,rsT
3 U
11111,
resolve the debt issue?
A The majority.
Q The assets essentially involve the proceeds from
the sale of a mobile home?
A Correct.
Q And that's also addressed in the stipulation?
A Yes.
Q You have renewed your request for alimony; is
that correct?
A Yes.
Q Now, Mr. Garlinger, would you tell us your
address, pleas e?
A I live with my parents at 230 North Second
Street, Wormleysburg, Pennsylvania.
Q How old are you?
A 29.
0 Are you employed?
A Yes, I am.
Q Where do you work?
A I work for D&D Auto Services in Mechanicsburg..
Q What do you do there?
A I'm a mechanic.
Q How are you paid?
A It's an hourly rate but I have a -- I basioe4y
work flat rate but I have a guaranteed hourly rate.
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Q so that you get your guarantee and then you can
earn more than the guarantee?
A There's potential there, yeah. As of right now,
we don't have that much work and I'm not making that much money.
Q 8o it depends on the amount of business that you
have whether you can get additional income?
A Yes.
Q What is your flat rate, what are you getting now?
A I get $8.00 an hour.
Q When are you paid?
A I get paid weekly.
Q What do you take home a week?
A After child support and everything, it's about
$150.00.
Q Do you have medical insurance coverage?
A Yes.
Q Do you pay for that?
A Yes, I do.
Q What do you pay for that?
A It's about $48.00 and some change.
Q How often do you pay that?
A They take it out once a week after taxes.
Q And your son is covered?
A Yes.
Q You've seen the stipulation?
5
A Yes.
Q You agree with the information that's stated on
here?
A Yes.
Q And that a lot of the problems that have arisen
here as a result of this separation have involved debt?
A Yes.
Q And this stipulation -- the purpose of it is to
resolve the debt issues and the distribution of the proceeds
from the sale of the mobile home?
A Yes.
Q Do you have any other assets other than, say, a
vehicle? Do you own anything?
A No. I don't own a house or anything, if that's
what you mean.
Q That's what I mean. You don't own a house. Do
you own your car?
A Yes, I do.
Q Do you have any other assets? Any stock, bonds
real estate?
A No.
Q You're paying child support?
A Yes.
Q Is that paid directly through the Domestic
Relations office?
!. y
A Yeah. They take it out of my check. It comes
direclty off my check.
Q Mrs. Garlinger, do you have medical insurance
coverage?
A Yes.
Q What does that cost you?
A $37.00 biweekly.
Q Does that cover yourself and the child?
A Yes.
THE MASTER: Having taken this brief testimony and
heard the information of the parties regarding their income and
their financial situation with regard to the debts that have
been hopefully resolved through the agreement, and the fact that
Mr. Garlinger apparently does not have any other assets other
than his vehicle, the Master is going to make a finding here
that this is not an alimony case and that alimony is not an
appropriate consideration and; therefore, wife would not be
entitled to alimony.
It is also the Master's understanding that wife
would like to make an exception to the Master's finding. Is
that correct, Mr. Walk?
MR. WALK: Yes.
THE MASTER: And she would like to preserve her
right to file an exception and an appeal from the Hastert*
finding regarding alimony. Is that correct?
p
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MR. WALK: Yes.
THE MASTER: Anything else you would like to may on
that issue?
MR. WALK: Just for the record purposes, we would
be able to present evidence, if there was a hearing today or at
some point, of mental and physical abuse that we believe would
bolster her claim for alimony despite the economic issues, and
that we will certainly raise it if we choose to take the appeal.
THE MASTER: You're talking about marital
misconduct issues?
MR. WALK: Yes. As far as the alimony, that would
be all that we would raise on that but we would like to
request -- raise the issue of attorney fees for the motion --
although that was sort of discussed prior to us going on the
record -- we believe the motion that was filed for special
relief by Mr. Garlinger was filed in bad faith, for the only
need to run up legal fees for the expressed purpose of gaining
half of the mobile home check knowing that he would never repay
that amount by filing bankruptcy, which we believe is still an
issue that will be addressed shortly on the debt that is owing.
And we wanted to raise the issue of interest from
June the 20th 1997 to October 28, 1997 -- June the 20th is the
date of settlement of the mobile home when the check was turned
over to Mrs. Garlinger, and from June the 20th up until October
28th Mr. Garlinger refused to sign that check so that it could
8
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be deposited into an interest bearing account and it was not
signed until The Honorable President Judge Sheely ordered Mr.
Garlinger to sign the check at the conclusion of the October
28th hearing. So we do have -- looks like about four months of
interest that we could have accrued had the check been signed
and deposited as we had requested on numerous occasions.
So we have those two issues and the other issue as
far as the $3,004.00 debt in bankruptcy that we have just
addressed.
01
THE MASTER: The Court did enter an order on
October 28, 1997, refusing the claim for special counsel fees;
however, your request to pursue that claim if you choose to
appeal is noted.
The Master will further make a finding that based
on the economic circumstances of these parties, it is not likely
that counsel fees would be an appropriate award but your
exception to any finding by the Master with regard to albsony
i
and counsel fees is noted for your right to appeal at a. later
time if you choose. ?
With regard to the issue of the alleged
that may or may not occur, Mrs. Garlinger had r h
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husband agree to reaffirm the money owed to llelt,
the stipulation in the event that Mr. aarli
for bankruptcy and requests a discharge of till
Garlinger has indicated that he is not willing, 9
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event of a filing for bankruptcy, the obligation owed to his
wife by virtue of the agreement that has been signed by the
parties.
BY THE MASTER:
Q Mrs. Garlinger, did I state your position
correctly on the matter of the request to have your husband
reaffirm the debt in the event of a bankruptcy petition?
A Yes.
Q Mr. Garlinger, did you understand the request
that your wife made?
A Yes.
Q And it's your position that you do not want to
waive your right to include the debt that you have agreed to pay
to your wife in the agreement, you're not willing to reaffirm
that debt in the event of a bankruptcy petition?
A Correct.
Q And the reason you're not is that you do not want
to give up any legal rights that you have in the bankruptcy
proceedings?
A Correct.
MR. WALK: Is
for the record that he has
obligation under this agre
Mr. Garlinger, through his
for the record?
it Mr. Garlinger's intention to state
a good faith intention to honor his
ament; is that a fair statement that
attorney, would be willing to state
10
MR. GARLINGER: That's correct.
MR. WALK: You do have a good faith intention to
honor your obligation under this stipulation?
MR. GARLINGER: Correct.
MR. WALK: I don't believe we need to incorporate
anything that we filed because it is all part of the record.
THE MASTER: It's all part of the record. All I'm
going to do is incorporate the agreement that we have that has
been signed by both parties.
Both Mr. and Mrs. Garlinger have signed a document
which was signed and dated by Mr. Garlinger on August 22, 1997,
and signed and dated by Mrs. Garlinger today, January 15, 1998.
There is a notation in subsection b on the second page which has
been initialed and dated by the parties today indicating that
Mr. Garlinger will pay $100.00 monthly on the amount of money
that he owes his wife plus interest until paid in full beginning
January 23, 1998.
The January 23, 1998, date was decided upon, after
discussion with Mr. Garlinger this morning, that is the date
that he said that he would be able to have the first payment of
$100.00.
There was also discussion between counsel, and Mr.
Bach was insistent that Mr. Garlinger pay him and then Mr. Bach
will forward his check to Mr. Walk who will then see that his
client receives whatever proceeds are received.
11
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BY THE MASTER:
Q Mrs. Garlinger, you've read this document and
heard the conditions and statements that we have made here today
regarding the alimony and counsel fees claims; it is your
understanding and your desire to enter into this document as a
resolution of the equitable distribution claim?
A Yes.
Q Mr. Garlinger, you've read this document and
signed it, and it's your understanding that this is the
agreement that is going to resolve the equitable distribution
claim?
A Correct.
Q And you agree to this stipulation and agreement?
A Yes.
Q And you understand your legal obligations here to
make a payment each month on the debt that is owed to your wife?
A Yes.
Q And you acknowledge that that debt is $3,004.00
plus interest?
A Yes.
THE MASTER: Is there anything else?
MR. WALK: The interest will be -- will that be
mentioned in the final order, how that's calculated?
THE MASTER: There is no final order. This is the
agreement (indicating). Now, I don't know how -- how do counsel
12
want to compute the interest? We didn't talk about that.
MR. BACH: Statutory rate is 6%. 1 think that
would be fine.
MR. WALK: That's fine.
BY THE MASTER:
Q Mr.. Garlinger, you understand that the interest
would be accruing at the rate of 63?
A Yes.
Q And your attorney can tell you what that interest
is. You can add that on to the monthly check or just add
another payment on, however you choose to do that.
A That's fine.
MR. WALK: Finally, the issue of interest from the
date of the settlement until the date that the check was signed
we believe should be ordered.
THE MASTER: Well, you've made your notation on
that -- if you want to file exceptions to that -- I'm not going
to make a finding on that interest claim.
Is there anything else that anyone would like to
say here before we close the record?
MR. BACH: I move for the closing of the record at
this time.
THE MASTER: Mr. Garlinger, is there anything you
would like to say or any questions you have?
MR. GARLINGER: No.
13
MR. WALK: No, that would be all.
THE COURT: The record is closed.
(Whereupon, proceedings concluded at 10:20 a.m.)
cc: James M. Bach, Attorney for Plaintiff
Ronald L. Garlinger, Jr., Plaintiff
Bryan S. Walk, Attorney for Defendant
Diane F. Garlinger, Defendant
14
RONALD L. GARLINGER, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 96 - 2179 CIVIL
DIANE F. GARLINGER,
Defendant IN DIVORCE E
DEFENDANT AND PLAINTIFF BY AND THROUGH THEIR ATTORNEYS AGREE AS
FOLLOWS:
Husband agrees to pay the following debts.
Loan of $1,500.00 owing to husband's parents;
Husband agrees to make reasonable efforts to have wife's name removed from the debts in a
timely fashion.
Wife agrees to pay the following debts:
1 Postmark Credit Union account 4184-9200.0000.3805 $ 933.00
2. Reigler Sheinvold Counseling $ 273.00
3. PA Central Federal Credit Union account 23143-024 $3,038.31
Wife agrees to make reasonable efforts to have husband's name removed from the debts in a
timely fashion.
All further debts incurred by the parties shall be their individual responsibility.
Husband futher agrees that the entire net proceeds from the sale of the marital residence
shall belong to wife exclusively as repayment to her for payments made on the marital debt from
the date of separation until the date of this agreement. Futher, husband agrees that as full
settlement of the equitable distribution claim, husband owes wife an additional sum of $3,004.00,
based upon the following calculations:
Husband's share of marital debt paid by wife from
April 1996 to present $5,65959
Husband's share of marital debt at present: $2,872.00
$5,744.00 total debt still owing
TOTAL $8,531,59
Husband's share of marital home proceeds $3,929,45
Husband's payments on marital debt $ 848.50
Husband's share of debt he agrees to pay $ 750,00
TOTAL $5,528.00
TOTAL HUSBAND OWES WIFE $3,004.00
This amount will be paid as follows:
a) Payment if full to wife at time this agreement Is executed or. i/ i5/y,!a
b) By making monthly payments in the amount of at least $100.00 per month plus interest until paid in full beginning January '1..3? 1998.
1II,?iY
The parties have divided between them, to their mutual satisfaction, personal effects,
household goods, and furnishings and all other articles of personal property which have
heretofore been used in common by them, and neither party will make any claim to any such
items which are now in the possession or under the control of the other. Should it become
necessary, each party agrees to sign any title or documents necessary to give ellect to this
paragraph, upon request.
The parties have agreed that each will retain the vehicle in their possession and forever
give up and waive any claim in ownership of said vehicle. Should it become necessary, each
party agrees to sign any title or document necessary to give effect to this paragraph, upon
request.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby
have hereunto set their hands and seals the day and year first above written.
WITNESS;
?., ? l U y
RONALD L. G N IR
DATE
/ DIANE F. GARLIN E DATE
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RONALD L GARI INGFR, IM 111- rnuPF nr rnM%nf PI rw; nF
Plaintiff CUMRERI AN! CUIINTY, UNNS'r'I VAN FA
V, CIVII AC IInN - I All
DIANE F. GARL.INGER,
Defendant 96-7179 HV1L TrRm
ORDER-OF COURT
AND NOW, this 5th day of Fehrunry, 1998, fulLowing a
hearing on the merits on the petlIinn of Diane F' Gurlinger fur
special relief, it is ordered.
1. The teaiporury order Phleied on February 1, 1998,
is vacated.
2. All periods of temporary physical rustody and
visitation, by the fnther, Ronald L. Gkinger with his son,
Ronald Gar.linger, barn May 17. 1999, pusuunt to the current
custody orders of October 7, 1996, and September 15, 1990
shall, until further order of ou"rI, be supervised at all times
in the presence of thp pnFernal grandparents, Ronald Garlinger,
Sr., and Donna Gar! nuer This supervision shnl.l Include all
periods of transportation of the child to and from the mother's
home,
3. If the father shall be hospitalized for mental
health treatment, the paternal grandparents shall continue to
exercise his rights of temporary physics custody during such
Period.
Rv,'1 he f aril t?
p lgar R b vie .
Brvan S, Welk, Fsaulra
For Plaints ff all/o,
James M. Bach, Fsqi.iirr?
Fn~ DeYndnnl
CF 7FlED^OFFl OrARY
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JAMES M. BACH
Attorney At Law
352 S. Sporting Hill Rd., Mechanicsburg, PA 17055, Tel: (717) 737.2033
January 26, 1998
ROBERT E. ELICKER,11, ESQUIRE.
DIVORCE MASTER
9 NORTH HANOVER STREET
CARLISLE, PA 17013-3014
RE: Ronald L. Garlinger vs. Diane F. Garlinger
No. 96-2179 (In Divorce)
Dear Master Elicker:
Enclosed herewith please find a Praecipe to Transmit the Master's Report and
record to the Office of the Prothonotary.
If you require any further documents from me regarding this case, please advise
immediately.
Respectfully,
AMES M. BACH
Attorney-at-Law
JMB/lw
Encl: Praecipe to Transmit the Master's Report
cc: Ronald L. Garlinger
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
J?A 1?-t P1 intiff
vs.
1 , t Defendant
File No. _.qb - 'A 1
IN DIVORCE
NOTICE TO RESUME PRIOR SURNAME.
Notice is hereby given that the Plaintiff/Defendant in the
above matter, having been granted a Final Decree in Divorce on the
1406^ day of_F(lC+ut,_, 19,96 hereby elects to resume the
prior surname of and gives
this written notice pursuant to the provi^ions of 54 P.S. S 704.
DATE: gnats
ure
Signature of name being rebumed
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF CUMBERLAND
On the ?1 ?1/ day of 19 L, before me, a
Notary Public, p rsonally appeared the ab eoveov affiant known to me to
be the person whose name is subscribed to the within document and
acknowledged that he/she executed the foregoing for the purpose
therein contained.
seal.
In Witness Whereof, I have
?CG f
and official
NOTARIAL SLAT
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RONALD L. QARLINOER,
PLAINTIFF
Vs.
DIANE F. OARLINOER,
DEFENDANT
iIN THE COURT OF COMMON PLEAS OF
sCUM.SERLAND COUNTY, PENNSYLVANIA
9
No. 96-2179 CIVIL ACTION
tIN DIVORCE
AND NOW, on this l D day of ai G f
1998, upon the within STIPULATION BY THE PARTIES AND COUNSEL, It
is hereby ordered and directed as follows:
1. The equitable distribution of this case is hereby ordered in
accordance with the Stipulation attached hereto and marked as
Exhibit "A".
2. All other claims not contained within this Stipulation are
denied.
'
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RONALD L. GARLINGER, JR.,
Plaintiff
vs.
DIANE F. GARLINGER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96 - 2179 CIVIL
IN DIVORCE
DEFENDANT AND PLAINTIFF BY AND THROUGH THEIR ATTORNEYS AGREE AS
FOLLOWS:
Husband agrees to pay the following debts:
Loan of $1,500.00 owing to husband's parents;
Husband agrees to make reasonable efforts to have wife's name removed from the debts in a
timely fashion.
Wife agrees to pay the following debts:
1. Postmark Credit Union account 4184-9200-0000-3805 $ 933.00
2. Relgler Shelnvold Counseling $ 273.00
3. PA Central Federal Credit Union account 23143-024 $3,038.31
Wife agrees to make reasonable efforts to have husband's name removed from the debts in a
timely fashion.
All further debts incurred by the parties shall be their individual responsibility.
Husband futher agrees that the entire net proceeds from the sale of the marital residence
shall belong to wife exclusively as repayment to her for payments made on the marital debt from
the date of separation until the date of this agreement. Futher, husband agrees that as full
settlement of the equitable distribution claim, husband owes wife an additional sum of $3,004.00,
based upon the following calculations:
Husband's share of marital debt paid by wife from
April 1996 to present
Husband's share of marital debt at present:
$5,744.00 total debt still owing
TOTAL
Husband's share of marital home proceeds
Husband's payments on marital debt
Husband's share of debt he agrees to pay
TOTAL
TOTAL HUSBAND OWES WIFE
$5,659.59
$2,872.00
$8,631.59
$3,929.45
$ 848.50
$ 760.00
$5,528.00
$3,004.00
Eri ''p'r
This amount will be paid as follows;
a) Payment if full to wife at time this agreement is executed or,
b) By snaking monthly payments in the amount of at least $100.00
.r
per month plus interest until paid in full beginning Janu ry 23, 19913.
The parties have divided between them, to their mutual satisfaction, personal effects,
household goods, and furnishings and all other articles of personal property which have
heretofore been used in common by them, and neither party will make any claim to any such
items which are now in the possession or under the control of the other. Should it become
necessary, each party agrees to sign any title or documents necessary to give effect to this
paragraph, upon request.
The parties have agreed that each will retain the vehicle in their possession and forever
give up and waive any claim in ownership of said vehicle. Should it become necessary, each
party agrees to sign any title or document necessary to give effect to this paragraph, upon
request.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby
have hereunto set their hands and seals the day and year first above written.
WITNESS;
RONALD L. rN?0111 DATE
DIANE F. GARLINGEiII DATE
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RONALD L. GARLINGER,
Plaintiff/Petitioner
VS.
DIANE F. GARLINGER, now known
as DIANE F. WHITTINGTON
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-2179
CIVIL ACTION -LAW
IN CUSTODY
PETITION FOR CONTEMPT/MODIFICATION OF CUSTODY
AND NOW, comes the Plaintiff/Petitioner, Ronald L. Garlinger, by and through his
attorney, Diane S. Baker, Esquire, and files this Petition for Contempt/Modification of
Custody, based upon the following:
1. Plaintiff/Petitioner, Ronald L. Garlinger, is an adult individual residing at 237
N. 2nd Street, Wormleysburg, Dauphin County, Pennsylvania, 17043.
2. Defendant/Respondent, Diane F. Garlinger, now known as Diane F.
Whittington, is an adult individual residing at 7105 Huntingdon Street, Harrisburg, Dauphin
County, Pennsylvania, 17111. Respondent is represented by Lindsay Gingrich Maclay,
Esquire.
3. The parties are the parents of the minor child, Ronald L. Garlinger, III, born
May 12, 1995, age 11.
4. The child is currently in the primary custody of his Mother, Diane F.
Whittington, with Father, Ronald L. Garlinger, having periods of custody on Tuesday
evenings and alternate weekends. The custody arrangement is pursuant to an Order of Court
dated October 7, 1996, and modified on September 15, 1997. Copies of both Orders are
2
attached hereto marked Exhibit A and incorporated herein. The Custody Orders also provide
that the parties share legal custody of the child.
5. Respondent is in contempt of the current Order for a continuous course of
conduct denying Father his shared legal custody rights to the child. Specifically, Mother has
changed the child's pediatrician without discussion with Father. Mother also involved the
child in counseling without notification to Father and then cancelled the counseling when
Father indicated a desire to be involved. Additionally, Mother has also failed to provide
Father with accurate information concerning with whom the child resides.
6. Father seeks modification of the current Custody Order to provide for shared
physical.
7. Since the previous Custody Order (Exhibit A), the child has resided with the
following person at the following address:
Mother 7105 Huntingdon Street 9/15/1997 to Present
Harrisburg, PA 17111
8. Petitioner has not participated as a party or a witness, or in another capacity, in
other litigation concerning the custody of the child in this or another court.
Petitioner has no information of a custody proceeding concerning the child pending in
a court of this Commonwealth.
Petitioner does not know of a person not party to the proceedings who has physical
custody of the child or claims to have custody or visitation rights with respect to the child.
9. Each parent whose parental rights to the child has not been terminated and the
person who has physical custody of the child has been named as parties to this action.
3
10. Petitioner has incurred attorney fees and costs in the amount of $500.00 as of
the filing of this Petition as a result of Mother's contemptuous behavior.
11. The best interest and permanent welfare of the child will be served by granting
Father shared physical custody of the child.
WHEREFORE, Petitioner requests Your Honorable Court find the Respondent in
contempt and direct sanctions and the payment of costs and also modify the current Custody
Order and grant Father shared physical custody.
Respectfully submitted,
DATE:
Diane S. Baker, Esquire
Supreme Court ID #53200
27 South Arlene Street
Post Office Box 6443
Harrisburg, PA 17112-0443
(717) 671-9600
4
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unworn falsification to authorities.
RONALD G GER
5
I
EXHIBT A
RONALD L. GARLINGER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 96-2179 CIVIL TERM
DIANE F. GARLINGER, CIVIL ACTION - LAW
Defendant IN CUSTODY
ORDER OF COURT
41
AMID NOW, this 7
day of c h , 1996, upon
consideration of the attached Custody Conciliation Report, it is ordered
and directed as follows:
1. The Father, Ronald L. Garlinger, and the Mother, Diane F.
Garlinger, shall have shared legal custody of Ronald L. Garlinger, III,
born May 12, 1995.
2. The Mother shall have primary physical custody of the Child.
3. For a period of three months, beginning October 12, 1996, the
Father shall have partial custody of the Child on alternating weekends from
Saturday at 9:00 a.m. through Sunday at 5:00 p.m. These periods of
overnight partial custody shall be supervised by the Child's paternal
grandparents. If after a period of three (3) months, the overnight custody
arrangements are going well, the parties agree that the alternating weekend
periods of custody shall be extended to begin on Friday at 6:00 p.m. and
end on Sunday at 5:00 p.m., and these periods of partial custody may
proceed without supervision by the paternal grandparents.
4. The Father shall have partial custody of the Child every Tuesday
evening from 5:00 p.m. through 8:00 p.m.
5. The Father shall have extended periods of partial custody with the
Child during each summer, beginning with two (2) weeks in 19971 three (3)
wea;;s in 1998 and four (4) weeks in 1999. Thereafter, the parties agree to
discuss increasing the period of summer custody to six (6) weeks as
arranged by mutual agreement of the parties.
6. The parties shall share or alternate custody of the Child on
holidays as follows:
A. Christmas - In every year, the Father shall have custody of
the Child on Christmas Day from 10:00 a.m. until 4:00 p.m. and
from December 27 at 6:00 p.m. until January 1 at 6:00 p.m. In
every year, the Mother shall have custody of the Child from
4:00 p.m. Christmas Day through December 26th. The Father's
overnight periods of custody under this provision in 1996
shall be supervised by the paternal grandparents.
B. Thanksgiving - In every year, the Father shall have custody of
the Child on Thanksgiving Day from 10:00 a.m. until 4:00 p.m.
C. Mother's Day/Father's Day - The Mother shall have custody of
the Child on Mother's Day in every year and the Father shall
have custody of the Child on Father's Day in every year.
D. Alternating Holidays - The parties shall have custody of the
Child on an alternating basis on the following holidays: New
Years Day, Easter, Memorial Day, July 4th, and Labor Day. The
alternating holiday schedule shall begin with the Mother
having custody of the Child on New Years Day in 1997.
7. The Father shall continue to participate in the Alcoholics
Anonymous Program.
8. Neither party shall consume alcohol either prior to or during
periods of c.ustc.y, wwith the Ch _ l d .
9. The parties agree to obtain additional information in order to
make arrangements for the Father to attend parenting classes. If, after
obtaining the necessary information, the parties are unable to reach an
agreement as to the Father's enrollment in parenting classes, counsel for
either party may contact the Conciliator for scheduling of a second
Conference, if necessary.
10. If, after the three month period of supervised partial custody
(provided in paragraph 3 of this Order) / for the Father, the parties are
unable to agree as to the advisability of eliminating the requirement for
supervision, counsel for either party may petition the Court to have this
matter relisted with the Conciliator.
11. This order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this Order by mutual consent. In the absence of mutual agreement, the
provisions of this Order shall control.
BY THE COURT,
e J.
cc: James M. Bach, Esquire - Counsel for Plaintiff
Bryan S. walk, Esquire - Counsel for Defendant
TRUE CM PROM RErC?KD
In Testimony whereof, I i,ere unto s-%, r -.y hand
and the seat of said Court a??t??Car1.is1°, Pa.
This ...... day of.....t.??t- 19 ?!(
• A
• RONALD L. GARLINGER,
Plaintiff
VS.
DIANE F. GARLINGER,
Defendant
IN THE COURT OF CO;vLMCN Pr=- S OF
CUMBERLAND COUNTY,
NO. 96-2179 CIS"IL TERM
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACOORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME BATE RRENTLY IN CUSTODY OF
Ronald L. Garlinger, III May 12, 1995 Defendant/Mother
2. A Conciliation Conference was held on October 1, 1996 with the
following individuals in attendance: The Father, Ronald L. Garlinger, with
his counsel, James M. Bach, Esquire and Yuri Gasper, Law Clerk, and the
Mother, Diane F. Garlinger, with her counsel, Bryan S. Walk, Esquire.
3. The parties agreed to entry of an order in the form as attached.
Oc-'fahe'A a ,14cf (l
Date Dawn S. Sunday, Esquire
Custody Conciliator
RONALD GARLINGER,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-2179
DIANE GARLINGER, CUSTODY -
Defendant
AND NOW, this day of • f 1997, upon consideration. of-.--2
the attached stipulation for modification of custody agreement is\
ordered and directed as follows that the order of this Court dated
October 7, 1996, is hereby modified as follows:
Under paragraph 6 of the existing custody order signed by this
Honorable Court, it is stated as follows: The parties shall share
alternate custody of the child on holidays as follows:
a. Christmas - In every year, the father shall
have custody of the child on Christmas day from 10:00
a.m. until 4:00 p.m. and from December 27th at 6:00 p.m.
until January 1st at 6:00 p.m. and every year, the mother
have custody of the child from 4:00 p.m. Christmas day
through December 26th. The mother shall have custody of
the child from December 21st until Christmas day at 10:00
a.m. The father's overnight periods of custody under
this provision in 1996 shall be supervised by the
paternal grandparents.
It is further ordered that the Custody order dated October 7, 1996
be modified to include the followina urovisions:
The parties do hereby agree that the child should be
raised and taught through the Church of God religious affiliation.
Both parties agree to honor this agreement and attempt to the best
of their abilities to raise a child under the Church of God
religion.
It is agreed that neither party will smoke in the
presence of the child. It is further agreed that both parties will
attempt to the best of their abilities to limit any other type of
smoking in the presence of the child to the best of their ability.
E
y
Both parties agree that should Mrs. Garii^ger's parents
be unable to provide day care supervision for any reasol that Mr.
Garlinger and/or his parents be given the option to care for the
child on that day. If Mrs. Garlinger's parents, Mr. Garlinger
and/or his parents can not provide care on the given day(s) and
the child would need to be placed in a day care temporarily on a
regular basis, all costs shall be split equally among the
parties. The expense of splitting the day care costs are meant
to be split 50/50 between both Mr. Garlinger and Mrs. Garlinger.
The parties do hereby agree that the weekly visitation
remain on Tuesdays the time being 5:30 p.m. to 8:30 p.m.
It is further ordered and decreed that all other terms
of the custody agreement signed by this Court on October 7, 1996,
remain in effect as stated in the order dated October 7, 1996.
BY THIS COURT:
J.
cc: James M. Bach, Esquire
Bryan S. Walk, Esquire
y
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RONALD GARLINGER,
Plaintiff
V.
DIANE GARLINGER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-2179
CUSTODY
STIPULATION AND MOTION FOR MODIFICATION
OF EXISTING CUSTODY AGREEMENT
AND NOW, this _1-6? day of August, 1997, come the above-named
parties by and through their attorneys, Bryan S. Walk, Esquire and
James M. Bach, Esquire and respectfully requests this Honorable
Court modify the existing custody agreement as follows:
1. On or about October 7,
Court of Common Pleas in regards
reached between the parties at
held on October 1, 1996.
1996, an Order was entered by the
to the custody agreement that was
a custody conciliation conference
2. Under paragraph 6 of the existing custody order signed by
this Honorable Court, it is stated as follows: The-parties shall
share alternate custody of the child on holidays as follows:
a. Christmas - In every year, the father should
have custody of the child on Christmas day from 10:00
a.m. to 4:00 p.m. and from December 22nd at 6:00 p.m.
until January 1st at 6:00 p.m. In every year, the mother
should have custody of the child from 4:00 p.m_ Christmas
day through December 26th. The father's overnight
periods of custody under this provision in 1996 should be
supervised by the paternal ctrandI-)are-tc .
3. It is agreed by both parties and through their respective
counsel that paragraph 6A of the existing custody order be modified
as follows: The parties shall share or alternate custody of the
child on holidays as follows:
a. Christmas - In every year, the father shall
have custody of the child on Christmas day from 10:00
a.m. until 4:00 p.m. and from December 27th at 6:00 p.m.
until January 1st at 6:00 p.m. and every year, the mother
have custody of the child from 4:00 p.m. Christmas day
through December 26th. The mother shall have custody of
the child from December 21st until Cori -+-- - " -
The Parties-do hereby agree that the chll d should be
raised and taught through the Church ol"- God religious
affiliation. Both parties agree to honor this agreement and
attempt to the best of their abilities to raise a child under the
Church of God religion.
5. It is agreed that neither party will smoke in the
presence of the child. It is further agreed that both parties
will attempt to the best of their abilities to limit any other
type of smoking in the presence of the child to the best of their
ability.
6. Both parties agree that should Mrs. Garlinger's parents
be unable to provide day care supervision for any reason that Mr.
Garlinger and/or his parents be given the option to care for the
child on that day. If Mrs. Garlinger's parents, Mr. Garlinger
and/or his parents can not provide care on the given day(s) and
the child would need to be placed in a day care temporarily on a
regular basis, all costs shall be split equally among the
parties. The expense of splitting the day care costs are meant
to be split 50/50 between both Mr. Garlinger and Mrs. Garlinger.
7. The parties do hereby agree that the weekly visitation
remain on Tuesdays the time being 5:30 p.m. to 8:30 p.m.
8. Both parties through their respective counsel hereby
agree that this Honorable Colart should modify the existing
custody order as set forth in the Petition. In our agreement
with this entering the order as set forth by stipulation.
WHEREFORE, the undersigned courisel respectfully requests
this Honorable Court grant its motion for modification of the
existing custody agreement.
Respectfully submitted,
BY:
Br S. Walk, Esquire
Attorney for Diane Garlinger
'A 17
n _
BY:
Ja es M. Bach, Esquire
A torney for Ronald Garlinger
CERTIFICATE OF SERVICE
I hereby certify that on this day of ?a 4 u a , 2007, a true and
correct copy of the foregoing document was served on the owing person by United States
Mail, postage prepaid, addressed as follows:
Lindsay Gingrich Maclay, Esquire
DALEY, ZUCKER & GINGRICH, LLC
1029 Scenery Drive
Harrisburg, PA 17109
Respectfully submitted,
Diane S. Baker, Esquire
Supreme Court ID 53200
27 South Arlene Street
Post Office Box 6443
Harrisburg, PA 17112-0443
(717) 671-9600
7
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RONALD L. GARLINGER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
96-2179 CIVIL ACTION LAW
DIANE F. GARLINGER AWA DIANE F.
WHITTINGTON IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Wednesday, January 24, 2007 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February 16, 2007 at 3:00 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ john J. Mangan, jr., Esq.
Custody Conciliator 1
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY 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
32 South Bedford. Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
4/vww, * P'a'z' CO•bP /
yope fw f I
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1 :v t4d ?Z NVT LOOZ
Lindsay Gingrich Maclay, Esquire
Daley Zucker Meilton
Miner & Gingrich, LLC
1029 Scenery Drive
Harrisburg, PA 17109
(717) 6574795
hnaclayQdzmmglaw.com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RONALD L. GARLINGER,
Plaintiff
DIANE F. GARLINGER
a/k/a DIANE F. WHITTINGTON,
Defendant
(In Custody)
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of the Defendant, Diane F. Garlinger a/k/a Diane F.
Whittington, in the above-captioned matter.
DALEY ZUCKER MEILTON
MINER & GINGRICH, LLC
Date: 2 B3
CIVIL ACTION - LAW
Docket No. 1996-2179 (Civil Term)
Attorneys for Defendant
cc: John J. Mangan, Jr., Esquire - Custody Conciliator
Diane Sommers Baker, Esquire - Attorney for Plaintiff
Ms. Diane Whittington - Defendant
i v/_y ;cenery line
Harrisburg, Pennsylvania 17109
(717) 657-4795
Fil-
C
if
Ronald L. Garlinger, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 96 - 2179 CIVIL ACTION LAW
Diane F. Garlinger a/k/a
Diane F. Whittington, IN CUSTODY
Defendant
Prior Judge: Edgar B. Bayley
ORDER OF COURT
AND NOW this day of , 2007, upon consideration of the attached
Custody Conciliation Report, it is Ordered and D ected as follows:
1. The Father, Ronald L. Garlinger and the Mother, Diane F. Whittington, shall have shared
legal custody of the minor child, Ronald L. Garlinger, III, born 5/12/1995. Each parent
shall have an equal right, to be exercised jointly with the other parent, to make all non-
emergency decisions affecting the child's general wellbeing including, but not limited to, all
decisions regarding his health, education and religion.
2. The Mother shall have primary physical custody of the minor child, Ronald Garlinger, III.
The Father shall have periods of partial physical custody every other weekend from Friday
after Ronald Garlinger, III gets out of school through Sunday at 5:00 PM. In addition to the
alternating weekends, Father shall have custody of his child every Tuesday evening to
Wednesday morning.
3. The Father's allegation in regard to Mother's contempt of the prior Court Order shall be held
in abeyance.
4. The Mother, Diane Whittington, shall inform and consult the Father in regard to the child's
education and medical/counseling issues. Both parents shall facilitate becoming involved
in family counseling. The Father is directed to initiate the family counseling sessions. The
child is ordered to participate in this counseling session, and both parents are ordered to
cooperate in the counseling at the direction of the counselor. The counselor shall be agreed
upon by legal counsel for the parties. Absent an agreement, the attorneys for the parties
may contact the conciliator to reconcile any disagreement on that issue. The cost of this
counseling, after any appropriate payment through insurance for the parties, shall be split
equally between the parties.
5. Any costs associated with Ronald Garlinger, III's additional educational help, i.e. tutoring,
shall be split equally between the parties.
6. The parties shall mutually agree upon a holiday schedule.
7. Mother's Day/Father's Day - Mother shall have physical custody of the child on Mother's
Day and Father shall have physical custody of child on Father's Day at times agreed to by
the parties.
8. In the event that the custodialparty is in need of a babysitter for more than two (2) hours,
they shall contact the non-custodial parent and offer said babysitting opportunity to the non-
custodial parent.
9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may
modify the provisions of this Order by mutual consent. In the absence of mutual consent,
the terms of this Order shall control.
10. A follow up Conciliation Conference is to be scheduled for approximately two months after
the initial conciliation. Counsel for the parties are to contact the Conciliator to arrange for
mutually agreeable dates and times.
, bution:
iane S. Baker, Fsquire
,%idy Milton, Esquire J
John J. Mangan, Esquire
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MAY 0 $ 2007
Ronald L. Garlinger, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 96 - 2179 CIVIL ACTION LAW
Diane F. Garlinger a/k/a
Diane F. Whittington, IN CUSTODY
Defendant
CUSTODY CONCILIATION SUNEVIARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Child who is the subject of this
litigation is as follows:
NAME
Ronald L. Garlinger, III
DATE OF BIRTH
5/12/1995
Primary Custody with Mother, Diane F. Whittington and Father, Ronald L. Garlinger,
having periods of custody on Tuesday evenings and alternate weekends.
2. A Conciliation Conference was held with regard to this matter on February 16, 2007
with the following individuals in attendance: The Father, Ronald Garlinger, with his
counsel, Diane S. Baker, Esquire and the Mother, Diane Whittington, with her counsel,
Sandy Milton, Esquire.
3. The parties agreed to the entry of an Order in the form as attached.
Date Jo J Langan, Esquire
C to Conciliator
SEP 2 4207
Ronald L. Garlinger, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 96 - 2179 CIVIL ACTION LAW
Diane F. Garlinger a/k/a .
Diane F. Whittington, IN CUSTODY
Defendant
Prior Judge• K y„n Hes T
O E F C URT
AND NOW thisz3"Aday of 2007, upon consideration of the attached
Custody Conciliat onReport,'it is Ord ' and`IN as fbIlows:
Legal Custody: The Father, Ronald L. Garlinger and the Mother, Diane F. Whittington,
shall have shared legal custody of the minor child, Ronald L. Garlinger, III, born 5/12/1995.
The parties. shall have an equal right, to be exercised jointly with the other parent, to make
all major non-emergency decisions affecting the child's general well-being including, but
not limited to, all decisions regarding his health, education and religion. Pursuant to the
terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information
pertaining to the child including, but not limited to, medical, dental, religious or school
records, the residence address of the child and of the other parent. To the extent one parent
has possession of any such.records or information, that parent shall be required to share the
same, or copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent.
2. Physical Custody: The Mother and the Father shall have shared physical custody of the
Child on a week on/week off basis. Commencing September 21, 2007, Mother shall have
physical custody of the Child from Friday after school until the following Friday,
September 28, 2007.. The Father shall have physical custody of the Child from Friday
September 28, 2007 after school until the following Friday. This schedule shall continue
onward absent mutual consent to alter this schedule. It is directed that the Parents shall
abide by the Child's counselor's recommendation to alter this schedule if it would be in the
Child's best interest and as to whether or not the non-custodial parent shall have a midweek
visit with the Child, either in the evening or overnight.
3. It is directed that the Child remain in Mother's school district and that Father shall arrange
for transportation from his residence to either the Child's normal bus stop or to school when
Father has physical custody of Child. It is further directed that the Parties shall make
arrangements to facilitate the Child's involvement in after-school activities, should it be
appropriate.
4. The Mother and the Father are specifically directed to consult/communicate with each
other in regard to the Child's education and medical/counseling issues. Both parents shall
continue counseling with Casey Scheinvold, or other mutually-agreed to professional. The
cost of this counseling, after any appropriate payment through insurance for the parties,
shall be split equally between the parties.
V
3
l
5. Any costs associated with Ronald Garlinger, IIrs additional educational help, i.e. tutoring,
shall be split equally between the parties.
6. The holiday schedule outlined in the prior Orders of Court of October 1996 and September
1997 shall remain in full force and effect, absent mutual agreement.
7. Mother's Day/Father's.Day - Mother shall have physical custody of the child on Mother's
Day and Father shall have physical custody of child on Father's Day at times agreed to by
the parties:
8. Neither party may say or do anything nor permit a third party to do or say anything that
may estrange the Child from the other party, or injure the opinion of the Child as to the
other party, or may hamper the free and natural development of the Child's love or
affection for the other party. To the extent possible, both parties shall not allow third
parties disparage the other parent in the presence of the Child.
9. During any periods of custody or visitation, the parties shall not possess or use controlled
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
10.
11.
12
During any periods of custody or visitation, the parties shall not smoke in confined places
with the Child present. The parties shall likewise assure, to the extent possible, that other
household members and/or house guests comply with this provision.
In the event that the custodial party is in need of a babysitter for more than two (2) hours,
they shall contact the-non-custodial parent and offer said babysitting opportunity to the non-
custodial parent..
This Order is entered pursuant to a Custody Conciliation Conference. The parties may
modify the provisions of this Order by mutual consent. In the absence of mutual consent,
the terms of this Order shall control.
Distribution:
L,,-Diane S. Baker, Esquire
vL-ihidsay Gingrich Maclay, Esquire
John J. Mangan, Esquire
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Diane F. Garlinger a/k/a
Ronald L. Garlinger,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 96 - 2179 CIVIL ACTION LAW
Diane F. Whittington, IN CUSTODY
Defendant
Prior Judge: Kevin A. Tess, J.
CUSTODY COIITCILIATJON SUMMA[tY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Child who is the subject of this
litigation is as follows:
NAME
Ronald L. Garlinger, III
DATE OF BIRTH
5/12/1995
In the Custody of the Mother, Diane F. Whittington and the Father, Ronald L.
Garlinger, having periods of custody on Tuesday evenings and alternate weekends.
2. A status update Conciliation Conference was held with regard to this matter on
September 21, 2007 with-the following individuals in attendance: The Father, Ronald Garlinger, with
his counsel, Diane S. Baker, Esquire and the Mother, Diane Whittington, with her counsel, Lindsay
Gingrich Maclay, Esquire.
3. The parties agreed to the entry of an Order in the form as attached.
Date Jo angan, E
Custody Conciliato
RONALD L. GARLINGER,
Petitioner/Petitioner
VS.
DIANE F. GARLINGER, now known
as DIANE F. WHITTINGTON
Respondent/Respondent
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-2179
CIVIL ACTION -LAW
IN CUSTODY
PETITION FOR CONTEMPT AND
MODIFICATION OF CUSTODY
AND NOW, comes Petitioner/Petitioner, Ronald L. Garlinger, by and through his
attorney, Diane S. Baker, Esquire, and files this Petition, based upon the following:
1. Petitioner, Ronald L. Garlinger, is an adult individual residing at 237 N. 2nd
Street, Wormleysburg, Cumberland County, Pennsylvania 17043
2. Respondent/Respondent, Diane F. Garlinger, now known as Diane F.
Whittington, is an adult individual residing at 7105 Huntingdon Street, Harrisburg, Dauphin
County, Pennsylvania 17111. Respondent is represented by Lindsay Gingrich Maclay,
Esquire.
3. Petitioner seeks to modify custody of Ronald L. Garlinger, III, born May 12,
1995, age 12. Petitioner is the natural father of the child and Respondent is the natural mother
of the child. The child was born of the marriage of the parties.
4. The current Court Order dated September 24, 2007, provides that the parties
share legal and physical custody of the said minor child. Physical custody of the child is
shared on an alternating week schedule. A copy of the current Order is attached hereto as
Exhibit A.
3
5. The September 24, 2007, Order further provides at paragraph 4 that the Mother
and Father are specifically directed to consult/communicate with each other in regards to the
child's education and medical/counseling issues and both parents shall continue counseling
with Kasey Shienvold, or other mutually agreed to professional.
6. Respondent is in contempt of the current Order as follows:
a. On or about October 18, 2007, Respondent completed a "parent report" at the
request of the child's school guidance counselor for the purpose of evaluating if the minor
child was eligible for special education services. The parent evaluation contained numerous
questions that were to be answered by both parents. Instead of consulting with Petitioner or at
least allowing Petitioner to prepare a duplicate response, Respondent completed the form in its
entirety. Respondent did tell Petitioner about the form, but indicated that it was just a request
for objective information such as name, address and date of birth. To the contrary, the
evaluation form contained much subjective information, such as preferences and weaknesses
of the child and Petitioner responded with numerous negative implications about the
relationship between the child and his Father. Petitioner only found out about the importance
of the form when he attended the school meeting and thus had no advance input in the
school's evaluation which also addressed concerns raised by Respondent about alleged
depressive symptoms.
b. On or about December 24, 2007, Respondent took the minor child to a
physician's appointment. Petitioner was not notified of the appointment. At the appointment
the physician prescribed Prozac for the child, which is now being taken by the child for the
child's alleged depressive symptoms. Petitioner is extremely concerned about the child being
4
placed on Prozac or any other anti-depressive drug without his knowledge, information or
input as such action is in clear violation of the legal custody provisions of the September 24,
2007, Court Order.
C. The September 24, 2007, Order requires that the parties participate in family
counseling with Kasey Shienvold. Respondent has refused for some time to participate in the
therapy and has indicated to Kasey, Petitioner, and the school officials, via the aforementioned
evaluation, that the counseling is solely to be between the child and his Father and she is not
involved. This is in direct contradiction to the Court Order requiring family counseling.
7. Petitioner requests modification of the current Custody Order. Petitioner
believes that the child would be best off in his primary physical custody. The child's school
grades are poor and his progress report indicates that he has missed school assignments.
Petitioner believes and therefore avers that the lack of structure and supervision at
Respondent's residence is in part to blame for the child's poor school performance.
8. Petitioner has not participated as a party or a witness, or in another capacity, in
other litigation concerning the custody of the child in this or another court.
Petitioner has no information of a custody proceeding concerning the child pending in
a court of this Commonwealth.
Petitioner does not know of a person not party to the proceedings who has physical
custody of the child or claims to have custody or visitation rights with respect to the child.
9. Each parent whose parental rights to the child that has not been terminated and
the person who has physical custody of the child has been named as parties to this action.
5
10. Petitioner requests that Respondent be held in contempt and be subject to
sanctions to include costs, attorney's fees and a transfer of primary physical custody to
Petitioner. As a result of Respondent's contemptuous actions, Petitioner has incurred
attorney's fees in the amount of $250.00 to date and will continue to incur attorney's fees.
11. The best interest and permanent welfare of the child will be served if he is in
the primary physical custody of Petitioner who is better able to provide for the child's
emotional and educational needs.
WHEREFORE, Petitioner respectfully requests Your Honorable Court issue an Order
as follows:
a. Finding the Respondent in contempt of the current Custody Order;
b. Directing the payment of attorney's fees, costs and expenses;
C. Transferring primary physical custody of the child to Petitioner with
Respondent to have periods of visitation as agreed upon by the parties; and
d. Such other relief as the Court deems appropriate.
Respectfully submitted,
DATE: 2SBaker, Esquire
1 Supreme Court ID #53200
27 South Arlene Street
Post Office Box 6443
Harrisburg, PA 17112-0443
(717) 671-9600
6
VERIFICATION
I verify that the statements made in this Petition for Contempt and Modification of
Custody 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.
7
CERTIFICATE OF SERVICE
I hereby certify that on this IS day of 2008, a true and correct copy of the
foregoing document was served on the following person by United States Mail, postage prepaid,
addressed as follows:
Lindsay Gingrich Maclay, Esquire
Daley, Zucker, Meilton, Miner & Gingrich
1029 Scenery Drive
Harrisburg, PA 17109
Post Office Box 6443
Harrisburg, PA 17112-0443
(717) 671-9600
8
Supreme Court ID 53200
27 South Arlene Street
Ronald L. Garlinger,
Plaintiff
V.
Diane F. Garlinger a/k/a
Diane F. Whittington,
Defendant
Prior Judge: Kevin A. Hess, J.
SEP 2 42007
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 96 - 2179 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW this , day o G 2007, upon consideration of the attached
Custody Conciliation Report, it is Ordere and Direct d as follows:
1. Legal Custody: The Father, Ronald L. Garlinger and the Mother, Diane F. Whittington,
shall have shared legal custody of the minor child, Ronald L. Garlinger, III, born 5/12/1995.
The parties shall have an equal right, to be exercised jointly with the other parent, to make
all major non-emergency decisions affecting the child's general well-being including, but
not limited to, all decisions regarding his health, education and religion. Pursuant to the
terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information
pertaining to the child including, but not limited to, medical, dental, religious or school
records, the residence address of the child and of the other parent. To the extent one parent
has possession of any such records or information, that parent shall be required to share the
same, or copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent.
2. Physical Custody: The Mother and the Father shall have shared physical custody of the
Child on a week on/week off basis. Commencing September 21, 2007, Mother shall have
physical custody of the Child from Friday after school until the following Friday,
September 28, 2007.. The Father shall have physical custody of the Child from Friday
September 28, 2007 after school until the following Friday. This schedule shall continue
onward absent mutual consent to alter this schedule. It is directed that the Parents shall
abide by the Child's counselor's recommendation to alter this schedule if it would be in the
Child's best interest and as to whether or not the non-custodial parent shall have a midweek
visit with the Child, either in the evening or overnight.
3. It is directed that the Child remain in Mother's school district and that Father shall arrange
for transportation from his residence to either the Child's normal bus stop or to school when
Father has physical custody of Child. It is further directed that the Parties shall make
arrangements to facilitate the Child's involvement in after-school activities, should it be
appropriate.
4. The Mother and the Father are specifically directed to consult/communicate with each
other in regard to the Child's education and medical/counseling issues. Both parents shall
continue counseling with Casey Scheinvold, or other mutually-agreed to professional. The
cost of this counseling, after any appropriate payment through insurance for the parties,
shall be split equally between the parties.
EXHIBIT A
5. Any costs associated with Ronald Garlinger, M's additional educational help, i.e. tutoring,
shall be split equally between the parties.
6. The holiday schedule outlined in the prior Orders of Court of October 1996 and September
1997 shall remain in full force and effect, absent mutual agreement.
7. Mother's Day/Father's Day - Mother shall have physical custody of the child on Mother's
Day and Father shall have physical custody of child on Father's Day at times agreed to by
the parties.
8. Neither party may say or do anything nor permit a third party to do or say anything that
may estrange the Child from the other party, or injure the opinion of the Child as to the
other party, or may hamper the free and natural development of the Child's love or
affection for the other party. To the extent possible, both parties shall not allow third
parties disparage the other parent in the presence of the Child.
9. During any periods of custody or visitation, the parties shall not possess or use controlled
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
10. During any periods of custody or visitation, the parties shall not smoke in confined places
with the Child present. The parties shall likewise assure, to the extent possible, that other
household members and/or house guests comply with this provision.
11. In the event that the custodial party is in need of a babysitter for more than two (2) hours,
they shall contact the non-custodial parent and offer said babysitting opportunity to the non-
custodial parent.
12. This Order is entered pursuant to a Custody Conciliation Conference. The parties may
modify the provisions of this Order by mutual consent. In the absence of mutual consent,
the terms of this Order shall control.
By the Court,
Distribution:
Diane S. Baker, Esquire
Lindsay Gingrich Maclay, Esquire
John J. Mangan, Esquire
TF!'F Cl--Jy FROl-A RECORD
in Testy r.?r,,, r ^r. 1 e?unt- sit my hand
an he seal of 52, 4 ?a-V 1?, Pa. ,
J I.... othonotary
Ronald L. Garling%
Plaintiff
V.
Diane F. Garlinger a/k/a
Diane F. Whittington,
Defendant
Prior Judge: Kevin A. Hess, J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 96 - 2179 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Child who is the subject of this
litigation is as follows:
NAME
Ronald L. GarIinger, III
DATE OF BIRTH
5/12/1995
In the Custody of the Mother, Diane F. Whittington and the Father, Ronald L.
Garlinger, having periods of custody on Tuesday evenings and alternate weekends.
2. A status update Conciliation Conference was held with regard to this matter on
September 21, 2007 with the following individuals in attendance: The Father, Ronald Garlinger, with
his counsel, Diane S. Baker, Esquire and the Mother, Diane Whittington, with her counsel, Lindsay
Gingrich Maclay, Esquire.
The parties agreed to the entry of an Order in the form as attached.
y? Zlo7
Date `
John/l. angan, Es e
Custody Conciliato
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RONALD L. GARLINGER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
1996-2179 CIVIL ACTION LAW
DIANE F. GARLINGER, NOW KNOWN AS
DIANE F. WHITTINGTON IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Wednesday, January 23, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, February 12, 2008 at 2:00 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ john j. Man an r. Es q.
Custody Conciliator rp,
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
--?j4w AV --v- /0-?
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Lindsay Gingrich Maclay, Esquire
DALEY ZUCKER MEILTON
MINER & GINGRICH, LLC
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
Imac lay(d>,dzmmglaw.com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RONALD L. GARLINGER, Docket No. 96-2179
Plaintiff
V.
CIVIL ACTION-LAW
DIANE F. GARLINGER, now known
as DIANE F.'WHITTINGTON,
Defendant (In Custody)
PRAECIPE TO WITHDRAW APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw the appearance of Daley Zucker Meilton Miner & Gingrich, LLC and
Lindsay Gingrich M4clay, Esquire, on behalf of the Defendant, Diane F. Garlinger, now known
as Diane F. Whittington, in the above-captioned matter.
DALEY ZUCKER MEILTON
MINER & GINGRICH, LLC
Date: By:
upreme Cou .D. #87954
1029 Scenery Drive
Harrisburg, Pennsylvania 17109
(717) 657-4795
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance pro se in the above-captioned matter.
Date: 11-30 10? By: -A h
Diane F. Garlinger, k/n/a . Whittington
7105 Huntingdon Street
Harrisburg, PA 17111
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Fy,
N
FRIEDMAN & KING, P.C.
John F. King, Esquire
ID #61919
3820 Market Street
Camp Hill, PA 17011
Tel.: (717) 236-8000/Fax: (717) 236-8080
e-mail: friedmanandkinsna hotmail com
RONALD L. GARLINGER,
Plaintiff
V.
DIANE F. GARLINGER, now
known as DIANE F. WHITTINGTON,
Defendant
Attorney for Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-2179
CIVIL ACTION - LAW
IN CUSTODY
ENTRY OF APPEARANCE
Kindly enter my appearance on behalf of the above-captioned Defendant, Diane F.
Whittington.
Respectfully submitted,
KING, P.C.
Date: 4bM4'-aj_ c? 6, K_k'_N - L
Jo F. King, Esquir,
38;20 Market Street
'Camp Hill, PA 17011
(717) 236-8000
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Ronald L. Garlinger, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 96 - 2179 CIVIL ACTION LAW
Diane F. Garlinger n/k/a
Diane F. Whittington, IN CUSTODY
Defendant
Prior Judge: Kok-is Amilmor&
ORDER OF COURT
AND NOW this day of February, 2008, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. The prior Order of Court dated September 24, 2007 is hereby VACATED.
2. Legal Custody: The Father, Ronald L. Garlinger and the Mother, Diane F. Whittington,
shall have shared legal custody of the minor child, Ronald L. Garlinger, III, born 5/12/1995.
The parties shall have an equal right, to be exercised jointly with the other parent, to make
all major non-emergency decisions affecting the child's general well-being including, but
not limited to, all decisions regarding his health, education and religion. Pursuant to the
terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information
pertaining to the child including, but not limited to, medical, dental, religious or school
records, the residence address of the child and of the other parent. To the extent one parent
has possession of any such records or information, that parent shall be required to share the
same, or copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent.
It is specifically directed that each parent has the right to fully participate and have input
regarding Ronald L. Garlinger, III's well-being, whether the well-being pertains to the
Child's education, medical decisions, counseling issues or any other aspect of legal
custody. Each parent is directed to notify the other parent of any scheduled appointment
(medical, educational, counseling, etc.) regarding the minor Child within twelve hours of
the appointment being scheduled. Each parent is to assure that the minor Child's
medications are always available/accessible to the custodial parent
3. Physical Custody: The Mother and the Father shall have shared physical custody of the
Child on a week on/week off basis. Commencing September 21, 2007, Mother shall have
physical custody of the Child from Friday after school until the following Friday,
September 28, 2007. The Father shall have physical custody of the Child from Friday
September 28, 2007 after school until the following Friday. This schedule shall continue
onward absent mutual consent to alter this schedule. It is directed that the Parents shall
abide by the Child's counselor's recommendation to alter this schedule if it would be in the
Child's best interest and as to whether or not the non-custodial parent shall have a midweek
visit with the Child, either in the evening or overnight.
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4. It is directed that the Child remain in Mother's school district and that Father shall arrange
for transportation from his residence to either the Child's normal bus stop or to school when
Father has physical custody of Child. It is further directed that the Parties shall make
arrangements to facilitate the Child's involvement in after-school activities, should it be
appropriate.
5. The Mother and the Father are specifically directed to consult/communicate with each
other in regard to the Child's education and medical/counseling issues. The parties are
directed to mutually agree to a psychologist to engage in family counseling after April 1,
2008 (the anticipated date Father's medical insurance is to take effect). Furthermore, the
parties are directed to mutually choose a family physician for the minor Child in order to
alleviate the current issues of the minor Child having two physicians. The parties are to
facilitate the transfer of the minor Child's medical records from the current treating
physicians to the mutually agreed physician as soon as practicable. The cost of the family
counseling, after any appropriate payment through insurance for the parties, shall be split
equally between the parties.
6. Any costs associated with Ronald Garlinger, III's additional educational help, i.e. tutoring,
shall be split equally between the parties.
7. The holiday schedule outlined in the prior Orders of Court of October 1996 and September
1997 shall remain in full force and effect, absent mutual agreement.
8. Mother's Day/Father's Day - Mother shall have physical custody of the child on Mother's
Day and Father shall have physical custody of child on Father's Day at times agreed to by
the parties.
9. Neither party may say or do anything nor permit a third party to do or say anything that
may estrange the Child from the other party, or injure the opinion of the Child as to the
other party, or may hamper the free and natural development of the Child's love or
affection for the other party. To the extent possible, both parties shall not allow third
parties disparage the other parent in the presence of the Child. The parties are further
directed to not discuss the custodial litigation issues with the minor Child.
10. During any periods of custody or visitation, the parties shall not possess or use controlled
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision. Each parent is directed, and have
agreed, to not possess alcohol in either residence.
11. During any periods of custody or visitation, the parties shall not smoke inside their
residences or in confined places with the Child present. The parties shall likewise assure, to
the extent possible, that other household members and/or house guests comply with this
provision.
12. In the event that the custodial party is in need of a babysitter for more than two (2) hours,
they shall contact the non-custodial parent and offer said babysitting opportunity to the non-
custodial parent.
13.
This Order is entered pursuant to a Custody Conciliation Conference. The parties may
modify the provisions of this Order by mutual consent. In the absence of mutual consent,
the terms of this Order shall control.
Distribution:
?biane S. Baker, Esquire
,49hn F. King, Esquire
?John J. Mangan, Esquire
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Ronald L. Garlinger,
Plaintiff
v.
Diane F. Garlinger n/k/a
Diane F. Whittington,
Defendant
Prior Judge: Kevin A. Hess, J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 96 - 2179 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Child who is the subject of this
litigation is as follows:
I an- z
Ronald L. Garlinger, III
DATE OF BIRTH
5/12/1995
The subject minor child is in the shared legal and physical custody of the Mother, Diane
F. Whittington and the Father, Ronald L. Garlinger.
2. A Conciliation Conference was held on February 23, 2007 and an updated conciliation
conference was held on September 22, 2007. An Order of Court was entered September 24, 2007
whereby Mother and Father share legal and physical custody of the subject Child.
3. A status update Conciliation.Conference was held with regard to this matter on
February 12, 2008 with the following individuals in attendance: The Father, Ronald Garlinger, with
his counsel, Diane S. Baker, Esquire and the Mother, Diane Whittington, with her counsel, John F.
King, Esquire.
3. The parties agreed to the entry of an Order in the form as attached.
21?z?ar
Date John J. an, Esquire
Custo nciliator