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L,.? f- vp fvz~d Z()-t.dht t . _u... ~~;; ~~~t7~--~-=~~-~ Ca~ bulu~ urJ 4 -akl~ . . v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-5867 CIVIL TERM ./ NO. 97-5719 CIVIL TERM KATHY ANN FAILOR JOHN EDWARD FAILOR, SA. .QBQl;R OF COURT AND NOW, January 11, 1999, the parties having reached an agreement, the court does accept their agreement and will be Issuing an order below. The court held a hearing today on the wife's request that we hold the husband In contempt for dissipating various of the marital assets. In contravention of a prior order prohibiting dissipation. The wife presented her case and rested; defendant asked for a recess before presenting any testimony. After the court reconvened, the attorneys announced to the court that the parties had reached an agreement, and the court accepts that agreement and orders and directs as follows: 1. Defendant Is in contempt of the court order of November 19, 1997, In that he sold marital property; 2. Defendant shall pay fees of the plaintiffs attomey In the amount of $600 with ill thirty days of the date of this order; 3. The provision in the order of November 19, 1997 prohibiting sale, dissipation. removal, damage or destruction of marital property until further order is continued In full force and effect; 4. Defendant shall answer and file a response to the request for production of documents propounded by plaintiff, and completion of answers to plaintiffs Interrogatortes within two weeks of the date of the agreement; 5. Defendant shall appraise the vehicles and equipment to which he has access set forth in defendant's Exhibit 3, in paragraphs 2 through 5, within two weeks of the date of this order; 6. Title to vehicles replacing marital property vehicles and equipment shall be placed in escrow with defendant's attorney, along with titles to any marital vehicles or equipment in his possession with defendant's attorney. 7. In regard to the weapons seized by the Sheriff, under the PFA caption above, and pursuant to the order of court authorizing same, the court notes that the PFA order has expired. We direct that the Sheriff surrender these guns to the wife so that she can obtain an appraisal of their value for marital property purposes and retain them until further order of court. By the Court, Carol Lindsay, Esquire For the Plaintiff P.J. John Broujos, Esquire For the Defendant _ c~;....,. .'Y....a~(d- 1/1'11'11. ..J 1'. Sheriff ., LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pennsylvania 17UI3 (717) 243.9400 Fax (717) 243.8026 We51 Shore (717) 766-8475 January 8, 1999 f,..u. f.... c.- ~,..,..,......,tvWa ITJlI tJlJJZU-lJJ.4 UJ l W.........~I 0tnyIbulJ. 'nMJf'ru1l11]Jj (111))}4.1UJ The Honorable George E. Hoffer Cumberland County Courthouse I Courthouse Square Carlisle, P A 17113 Re: Failor v. Failor No. 97-5719 Protection from Abuse Response to Request for Rcturn of Weapons Dear Judge HotTer: Pursuant to your contacting me as to the defendant's reques1 for the return of his weapons, 1 eontacted my client as to her response. She has concerns for her safety if1he weapons are returned. Even though the Protection from Abuse Order expired on November 19, 19911, she explained that previously she had been told that the defendant made threats to kill her and specifically to put a bullet through her "f-in" head before he sees her get all the parties' marital property. Moreover. it is my understanding that there is a petition lor contempt before the court in the parties' divorce case averring that the defendant has dissipated thousands of dollars of marital assets in violation of an Order entered in the divorce case. This matter is to be heard before you on Monday. January II. 1999. Ms. Failor requests that the weapons not be released to the defendant at least until after the divorce matters have been resolved. She further requests that the court release the weapons to her so that she may have them appraised for purposes of her equitable distribution claim, Thank you for your attention to this mailer. Sincerely. ~ I .~."-,,-_.v@Vt.L'<'- /}Joan Carey Attorney at Law cc: John H. Broujos, Attorney at Law Kathy Failor SERVING ADAMS. CUMBERlAND, FRANKUN AND FULTON COUNTIES 1..\ \\' OHlnS 1>"()WI~II. 1"I.()WI~11 & I.INIJHAV .\ l'IUlI a;o~'iIII~,\1 Ul"-I'II)l.\lh):"O II EAST IIIGII STRH.T CARLlSI.E. PI;NNSYl.VANIA 1701l.J016 JAMES D. PLOWER JAMES D. PLOWER.)R. CAROL I. LINDSAY (717)1US51l PAX.I717j W..510 PfLEoqOaoLcom June 4, 1999 .---.- The Honorable George E. H CUMBERLAND COUNTY One Courthouse Squa Carlisle, PA 17013 RE: Failor v. Failor No. 97 .5719 CIVIL TERM Dear Judge Hoffer: This letter is in apology y not appearing..at..~30Cln June 2. 1999 for the scheduled hearing on contempt of cou e-thanktne court for rescheduling the hearing. I was scheduled for the second of a two-day hearing before the Divorce Master on June 2r<l, and had had to continue another matter which had also been scheduled for the momlng of the same day. When I successfully concluded that, I had believed I had cleared my calendar, not realizing that I had to clear the Failor matter as well. I apologize for the Inconvenience to the court. The foregoing Is an explanation, not an excuse. I content myself to say that I do not recollect this ever occurring before in my practice, and I regret It occurred In your court room. Very truly yours, FLOWE.R'.FLOWfj & LINDSAY, P.C. Oa~ JLI~~_ caroll.cr~~y ~, CJUIJb ~R~'lj,~:,!1Jj,!J PO Box 70' Carlosle, PA 17013 '(7171243.2454' FAX (7171243-1385 October 22, 1997 DJ!FI!NDANl"S _......J. j~m'U:~ To Whom It May Concern: John Failor has been off work for sickness and during that time he will receive $260.00 per week beginning on the 8th day of illness. Sincerely, ~ivJ.:10 , t:Jean S. Weigle VHuman Resources Manager .of" KATHY ANN FAILOR : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNlY, PENNSYLVANIA NO. 97-5867 CIVIL TERM /' NO. 97-5719 CIVIL TERM ./ v. JOHN EDWARD FAILOR, SR. ~ AND NOW, June 2, 1999, hearing In the above matter having been set for this date, and plaintiff and plaintiff's counsel having failed to appear, hearing Is now set for MONDAY, AUGUST 23, 1999, AT 9:30 A.M. IN COURTROOM NO.3. By the Court, .J. Carol Lindsay, Esquire _ C&H r>o<':"'l' l.. (j:J.jq'1. i(l ..K.~ For the Plaintiff John E. Failor, Sr., pro se 209 Echo Road Carlisle, PA 17013 KATHY ANN FAILOR, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-5867 CIVIL TERM NO. 97-5719 CIVIL TERM J v. JOHN E. FAILOR, SR., Defendant, AND NOW, this~, day of . 1999 upon consideration of the request of the parties, the hearing sch u ed for March 31, 1999, on the Petition for Contem t filed by the Plaintiff on the above captioned case is continued to the tJl. ~ day of , 1999 in Courtroom #3 of the Courthouse of Carlisle, Pennsylvania at f"~'clock Am. By the Court, PJ '" ... 11''''( '" ~ '* (;; -. >- j ., N r.;; J.. 1.l.J ~,~ .. :j 0.,' ..3 t....,;'5 'i (tf;" r. ;...l :'~-. ~t 0... :)~:': :;. to;! loLL In ','0) .~ 8 I i~~ tl U:~" c.:: ~ 0... '" c: U~CJ.: F ;-; ,"T, ~ 0'. ,- ,.) KATHY ANN FAILOR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA va. . . : CIVIL ACTION - DIVORCE NO. 97.5719 CIVIL TERM JOHN EDWARD FAILOR, SR., Defendant ORDER OF COURT p- And now this f). 'I day of February, 1999. upon consideration of the within Petition of Contempt. a rule Is Issued upon the Respondent. John Edward Failor, Sr., to show cause why he should not be held In contempt of the Court's Order and why the relief requested should not be granted. 1- ~_ ~) RULE returnable at a hearing set for the Lday of 11'1 fl;u!'K.....- 1999 In Court Room NO.-2- of the Court House at Carlisle, Pennsylvania, at 1:.3tJ o'clock, .p' M. BY THE COURT: \' J ( /f:/ (AJA/:- (/-oR) 6ft>R'J,t: t: 0/iJFR'''', I)). ) VB. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVil ACTION - DIVORCE NO. 97-5719 CIVil TERM KATHY ANN FAilOR, Plaintiff JOHN EDWARD FAilOR, SR., Defendant PETITION FOR CONTEMPT NOW COMES KATHY ANN FAilOR, Plaintiff above, by and through her counsel, FLOWER, MORGENTHAL, FLOWER & LINDSAY and petitions This Honorable Court as follows: 1. The parties hereto are Husband and Wife and were before This Honorable Court on January 11th, 1999 on a Petition filed by Plaintiff to tlave the Defendant held in contempt on a nondissipation order. 2. On January 11th, 1999, This Honorable Court entered an Order on the agreement of the parties according to the terms of which Defendant was found to be in contempt of court, ordered to pay attorneys' fees within thirty (30) days, prohibited from further dissipation of any marital asset, ordered to file within two (2) weeks a response to the Request for Production of Documents, ordered to obtain an appraisal of vehicles within his control and ordered to produce a title to the vehicles to be held in escrow with his attorney pending equitable distribution. A copy of the Court's Order of January 11th, 1999 is attached hereto as Exhibit "A". 3. Respondent has failed or refused to comply with the Court's Order of January 11th, 1999 in the following particulars: a. Respondent has not paid Plaintiffs attorney $600.00 within thirty (30) days pursuant to paragraph (2) of the Order. b. Respondent has failed to answer in a file a response to the Request for Production of Documents within two weeks of the date of the Order and to complete the answers to Interrogatories within the same period oftime. c. Respondent has failed to provide an appraisal for the vehicles and equipment to which he has access as set forth in Exhibit "3", paragraph 2 through 5 entered into evidence at the het.ling on January 11'h, 1999 within two weeks of the date of that Order. d. Respondent has failed or refused to provide the title to the vehicles he purchased replacing marital property along with titles to any marital vehicles or equipment with his attorney. 4. Petitioner seeks contempt of Respondent. but also seeks the information necessary to provide full and fair disclosure for equitable distribution. Because the information provided by Respondent continues to be incomplete, evasive and inadequate, Petitioner will be required to depose the Respondent in order to get statements under oath which have not been provided in any other manner. WHEREFORE, Petitioner prays This Honorable Court to hold the Respondent in contempt of court. to order Respondent to pay attorneys' fees incurred subsequent to the January 11th, 1999 hearing in an attempt to obtain discovery and, to order the Respondent to pay the costs of his deposition including a copy of the transcript. FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys for Plaintiff Carol J. Li s y, Esquire 10 # 446 11 East High Street Carlisle, PA 17013 (717) 243-5513 Date: Fih J,J., If"" . - . . ) ~ , . , . VI. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE : NO.97.5719 CIVIL TERM KATHY ANN FAILOR, Plaintiff JOHN EDWARD FAILOR, SR., Defendant CERTIFICATE OF SERVICE AND now, this Z/Vday of February, 1999, I, Carol J. Lindsay, Esquire, of the law firm of FLOWER, MORGENTHAL FLOWER & LINDSAY Attorneys, hereby certify that I served the within Petition for Contempt this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: John H. Broujos, Esquire BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, PA 17013 FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys for Plaintiff Carol J. Lind ay, 10 # 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 Date: 1?~ ),2., jtl(j'jI / KATHY ANN FAILOR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA va. . : CIVIL ACTION - DIVORCE NO. 97.5719 CIVIL TERM JOHN EDWARD FAILOR, SR., Defendant VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: FvP? ~ i!l' ;.. c:' -- b~ .:1" .... ;.. -.' .. ~;~ ~.) <f"" .....,;,..: . 1.... ~. .l.: ~:'i ."1 :~') N 00 o' ;:;~-~ I. ll~ m ~~l U' () ,\ .').; 8::' ---' ...., ~ 'i 1 4 ~ , , L' I ....1 , ~ .0, .' col. j ,,-,: t t ,',." -:' '. t~~ a .... "; "-: '.. .. ,. BROUJOS &: GILROY, P.C. ATJOJtNllYS AT LAW . NQRtH tbu'<<)VEl!. STREIlT CA&LlSLIl. PIlM;q9YLVANlA 17013 117-~. 166-1690 ". '''~.." __".~:___~_;;':J:- . ~ . " f I . ". ~.. i . i " .. \ \ , , . , l ,..... ; ~.;.;....=.~-:~ .--::--:::;'!!"", KATHY ANN FAILOR Plaintiff VI. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE JOHN EDWARD FAILOR, SR. Defendant : NO. 97-5719 CIVIL TERM : PROTECTION FROM ABUSE : Judge Hoffer ORDER AND NOW this _day of , 1999, upon Petition and finding that the Order of November 19, 1997 of one year's duration has expired, The SheritT of Cumberland County is directed forthwith to release all weapons deposited with the Slv:ritT in the above- captioned case. BY THE COURT: J. VI. : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE KATIIY ANN FAILOR Plaintiff JOHN EDWARD FAILOR. SR. Defendimt NO. 97-S719 CIVIL TERM PROTECTION FROM ABUSE : Judge lIoffer PETITION FOR RELEASE OF PROPERTY Petitioner John E. Failor, Sr.. through his attorney Broujos & Gilroy. sets forth the following: I. On November 19, 1997, the Court issued a PF A Order by consent of parties, which in paragraph 7 contained a provision for deposit of fireanns with the Sherin' of Cumberland County for the duration of the Order. Copy of Order is attached. 2. The weapons listed were so deposited. 3. The Order expired. 4. The SherilTrequires an order directing release of the weapons to the Petitioner. WHEREFORE, Respondent requests the Court to issue an Order directing the release of the weapons to Respondent. December 31, 1998 Respe Uy submlttea;-') '. r .-~.... ,~ \~ ~.. ( John H. Broujos, Esquire Attorney 1.0. No. 06268 4'North Hanover Street Carlisle, P A 17013 KATIIY ANN FAILOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-5719 CIVIL TERM JOHN EDWARD FAILOR, SR, Defendant PROTECTION FROM ABUSE PROTECTION ORDER AND NOW, this ..11-IJ..day of November, 1997, upon consideration of the Consent Agreement of the panies, the following Order is entered: I. The defendant, John Edward Failor, Sr., is enjoined from physically abu,ing the plaintiff. Kathy Ann Failor, or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and wriuen communications. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing her relatives. 4. The defendant is prohibited from entering the plaintiff's place of employment. 5. The defendant is prohibited from removing, damaging, destroying or selling any propeny owned by the plaintiff or jointly owned by the panies. In addition, the defendant shall return to the plaintiff. in good working order/condition, items including, but not limited to, the following: the 1979 Chevrolet pick-up truck, all her personal clothing and effects, facsimile (FAX) machine, electric typewriter, and ponable telephone. The panies shall exchange their clothing and personal belongings, including those listed above, through a mutually agreed upon third pany. 6. The defendant shall stay away from any residence the plaintiff establishes for hp.fself in the futJre. Pursuant to this Coun's Order entered after hearing on October 23, 1997, the defendant is excluded from the marital residence located at 20 Moongale Drive, Carlisle, Cumberland County, Pennsylvania. 7. The defendant shall relinquish to the sheriffs department any and all weapons which he owns or possesses (.25 automatic and .44 magnum handguns, and sholSUns and rifles), the weapons shall remain in the custody of the Cumberland County Sheriffs Department for the duration of the Protection Order, and the defendant shall not acquire or possess any weapons for the term of the Protection Order. 8. Court co,ts and fees are waived. 9. This Order shall remain in effect for a period of one (I) '/ear and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. This Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 10. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. ~61 13; ii) a private criminal complaint under 23 Pa.C.S. ~61 13.1; Hi) a charge of indirect criminal contempt under 23 Pa.C.S. ~6114. punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. ~6114.1. II. The North Middleton Township Police Department shall be provided with a certified copy of this Order by the plaintiffs attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In th-: event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that coun is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. ~6113). By the Coun, I""~'-E..~ George E. Hoffer, Judge " TRUE COpy FROM RECORD In Testimony whereof. , hero unto sel my hand and the seal of said Courl at Carlisle Pa a ' . This ...I..t........ day oL~........, 19r.!.... H..............~t,_ I': . i"-L.L.b~ ."......",...............,.,..-.rr.. <JbA- P(Olhonol~,y.....- Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff John H. Broujos BROUJOS & GILROY Attorney for Defendant " -'j' '~;\' r - t' ." r .. (-' /:; \./" ;";)' j' _" ~' t _ , , \ ~l ~ ;i , - "! . . ... . ! , "'.. ~. . :. ..w 1 BROUJOS &: GILROY, P.C. < ATTORNUYS AT LAW 4 NOami 1iANoll1lR S'TIIIlBT CARUSLE, PENNSYLVANIA 17013 717-243-4574' 166-1~90 OEO - " . . ., f I " I { f-' \ l , \ , I \ ,...~ ~ ,..:.;.,;--~ ->:"'~~'" KATHY ANN FAILOR Plaintiff/Petitioner PENNSYLVANIA : IN Tin; COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, VI. : CIVIL ACTION. DIVORCE JOHN EDWARD FAILOR, SR. Defendant/Respondent : NO. 97-5719 CIVIL TERM : PROTECTION FROM ABUSE , f ! I i I ANSWER Of RESPONDENT TO PETITION FOR FINDING OF CONTEMPT AND SANCTIONS John Edward Failor, Sr., through his attorney Broujos & Gilroy, P.C. sets forth the following: ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted that Respondent sold a beer tap. The beer tap was sold on or about August or September of 1997, prior to the date of entry of the order of November 1997. 6. Admitted that Respondent sold a 1979 Chevrolet truck to Joe Ruda for the sum of SI,5oo.oo during said period. However, the SI,500.00 sale price was immediately used to purchase a 1985 Chevrolet four-wheel drive pickup with a snowplow attached for S2,OOO.00. This truck is still owned by Respondent and to the extent ofS I ,500.00 constitutes marital property and is preserved. 7. Admitted. The proceeds ofS2,500.00 were used for the purchase ofa 1971 Ford dump truck for the sum 01'54,000.00, which dump truck is still in his possession and to the extent of 52,500.00 constitutes marital property and is preserved. 8. Admitted that Respondent sold a backhoe with low Low-Boy trailer to Art Swartz for a total purchase price of 56,300.00, of which 53,700.00 was a down payment, with a balance due ofS2,6oo.00. The proceeds of the down payment of 53,700.00 were applied to the purchase of a Case backhoe for 57,000.00, and the subsequently purchased backhoe constitutes marital property and is preserved. The backhoe with Low-Boy trailer attached is still in the possession of Respondent, located in the parking area of Frog and Switch, which is used by Respondent by pennission. 9. Admitted that Respondent sold a trailer to Tammy Trayer in October or November of 1998 for 53,500.00. He immediately purchased another boat and trailer for 53,500.00, which is located at the rental property of Respondent at 209 Echo Road, Carlisle, Pennsylvania 17013. The purchased boat and trailer constitutes marital property and is preserved. The boat was not transferred because it requires a signature of both Petitioner and Respondent and is located at the residence of Tammy Trayer at Trayer Lane, Carlisle, Pennsylvania 17013 and constitutes marital property, estimated at the value of 53,500.00. 10. Admitted. II. Denied. After reasonable investigation, Respondent is without knowledge or infonnation sufficient to fonn a belief as to the truth of the avennent. Proofis demanded. NEW MA TIER 12. Petitioner in writing or verbally consented to the sale of all or most of the items. In all of the items,the net value of the marital assets as of date of the order of November 1997 still exists and is preserved in the item substituted in value for the sale prices as set forth in the above paragraphs. 13. Prior to filing the Petition for Finding of Contempt and Sanctions, Petitioner failed to advise Respondent of the information set forth in the above avennents of Petitioner, with the exception of paragraph S. Since value has been preserved, Petitioner is not entitled to counsel fees for filing of the action, which could have been resolved by discussion and settlement, based upon the value of the assets as preserved. 14. During the protracted period of the divorce proceedings and negotiations with respect to marital property and equitable distribution, the above items were lying fallow in the fields and backyards and deteriorating. The sale of these items actually preserved the marital property values, as set forth in the above answers, without harm to the Petitioner. COUNTERCLAIM IS. Respondent had a storage shed at Priceless Storage Shed of Longs Gap Road and Route 34, containing substantial amounts of marital property consisting of thousands of dollars of value, properly secured and preserved by two locks for eventual equitable distribution. 16. On or about February 28, 1998 Petitioner went to the storage shed, rented in the name of Respondent only, cut the locks, and removed the contents without permission. 17. When a report was made to the North Middleton police, through Officer Stum, Petitioner when confronted by Officer Sturn admitted to taking the marital property for the 'purpose of having it appraised. No appraisal has been made. Respondent requests the court to instruct and direct Petitioner to identifY the location of the contents of the storage shed and to account therefore. 18. Although the protection order filed by the Petitioner stated only that the Defendant was prohibited from "removing" property owned by the parties, Petitioner had no right to use self help including force of this nature to obtain marital property. Respondent suggests to the court that the method of resolution is to have the parties resolve this within the framework of the equitable distribution proceedings of the Divorce Code and to this end for Petitioner to supply the appraisal, which she had promised but never produced. WHEREFORE, Petitioner prays the court to dismiss the Petition. December 29, 1998 BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, PA 17013 717-243-4574 717-766-1690 FAX: 717-243-8227 '. i I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. Edward Failor, Sr. 'J . Cr, -. L. .' . l~ I ' , , i ., c .' (.... n. ~. I' [~, (. c. . I tl. L !', ~ '-, "..~ '-' --' KATHY ANN FAILOR, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 97. 5719 CIVIL TERM PROTECTION FROM ABUSE vs. JOHN EDWARD FAILOR, SR., Defendant/Respondent ORDIER OF COURT ~ AND now this IS day of December, 1998, upon consideration of the within Petition for Finding of Contempt and Sanctions, a Rule is issued upon the Respondent to show cause why he should not be held in contempt of the Court's Order of November 19, 1997, and ordered to provide documentation of the price received for the sale of the beer tap, the Chevrolet truck, the Ford Dump Truck, the Back Hoe with Low-Boy Trailer, the boat and the trailer, and why he should not be ordered to disgorge the proceeds of sale into an escrow account in the offices of Flower, Morgenthal, Flower & Lindsay, P.C. pending equitable distribution, and why he should not be ordered to pay Petitioner reasonable counsel fees. RULE returnable at a hearing set for the ..3 () 7>1 day of I-(~tc[ i/ddL , 1999, in Court Room No.3 of the Court House at Cart Isle, Pennsylvania, at j,) . if1) o'clock, A.. m. PENDING the hearing, Respondent is prohibited from removing, damaging, destroying, selling or dissipating any Item of personal or real property owned by the Plaintiff or Jointly owned by the parties. J. >- r-. ~ !:: ..:J , ~~ ::J..r 11.1 ~ . en I,:".; ( ,. :": ,.5:" fi~ ~~ . -- ". ..;,; .' ~:.j (:' ~- .- v:> . (I) c:" ..,.... ',I,. lot" .' ~~. E,~'t:' L:; '"j,'i} llJ :.11.'- i CJ " C'.:, :::J Cl 0' (J fallor - Petition for finding of contempt and sanclions December 9. 1998 KATHY ANN FAILOR, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. DIVORCE NO. 97. 5719 CIVIL TERM PROTECTION FROM ABUSE VI. JOHN EDWARD FAILOR, SR., DefendanllRelpondent fEILTION FOR FINDING OF CONreMEI MJ.,D SANCTIONS NOW comes KATHY ANN FAILOR, Plaintiff above, by and through her counsel, FLOWER, MORGENTHAL. FLOWER & LINDSAY, P.C., and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on November 23, 1985. 2. Petitioner filed a Petition for Protection from Abuse on October 17, 1997 and a Temporary Protection Order was entered. 3. On November 19, 1997, pursuant to a Consent Agreement of the parties, this Honorable Court entered a Protection Order. A copy of the November 19, 1997 Protection Order Is altae-hed hereto as Exhibit "A". 4. Paragraph 5 of the Protection Order states, "The defendant Is prohibited from removing, damaging, destroying or selling any property owned by the plalnllff or jolnlly owned by the parties." 5. On or about November 18, 1997, counsel for Petitioner advised Respondent's counsel that she had learned that Respondent had sold a small item of personal property, a beer 1 failor - PetlUon for finding of contempt and sanctions December 9. 1998 tap. A copy of the letter reminding Respondent of his obligations under the Court's Order Is attached hereto as Exhibit "S". 6. Since November 19, 1997 and before November 19, 199B, Petitioner has learned that Respondent has sold a 1979 Chevrolet truck, to Joe Ruda for an unknown sum. 7. In the same period of time, Respondent has sold a Ford Dump truck to Kerry Ruda for an estimated $2,500.00. B. During the same period of time, Respondent has sold a Sack Hoe with Low-Soy Trailer to Art Shorz for approximately $3,700.00. 9. During the same period of time, Respondent has sold the boat and trailer to Tammy Trayer. He also sold to her a bedroom suit. 10. Upon Information and belief, the sale of all of the property set out above was accomplished before November 19, 199B, the date upon which the Protection Order expired. 11. Petitioner has incurred attorney's fees in the filing of this action to enforce the Courl's Protection Order. WHEREFORE, Petitioner prays this Honorable Court to enter a Rule upon Respondent to show cause why he should not be held In contempt of the Court's Order of November 19, 1997, and why he should not be required to produce any and all documentation of the sale of the personalty described above, and why he should not be ordered to disgorge the proceeds of sale and to place them In an escrow account in the office of Flower, Morgenthal, Flower & Lindsay, P.C. pending equitable distribution, and why he should not be held In contempt of court and 2 fallor - Petition 'or finding of contempt end sanctions Docombor 9. 1998 ordered to pay Petitioner's reasonable attorneY'8 fees, and such other sanction as the Court deems right and Just. FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C. AUorneys for Plaintiff/Petitioner c_ ~r __J,{; Carol J. L1nds y 10 # 44693 11 East High treet Carlisle, PA 17013 (717) 243-5513 By: Date: b~ "r' 1-1, ~ h""v If), If'!! I . 3 fallor .. Pellllon for finding of contempt and sanctions December 9. 199B vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. DIVORCE NO. 97. 5719 CIVIL TERM PROTEr.TION FROM ABUSE KATHY ANN FAILOR, Plaintiff/Petitioner JOHN EDWARD FAILOR, SR., Defendant/Respondent ~ AND now, this_ IO~ day of ~ ' 199L, I, Carol J. Lindsay, Esquire, of the law firm of FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys, hereby certify that I served the within Petition for Finding of Contempt and Sanctions this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: John H. Broujos, Esquire BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle. PA 17013 FLOWER, MORGENTHAL FLOWER & LINDSAY Attorneys for Plaintiff By: J. lndsay, Esquire ID 93 11 East High Street Carlisle. PA 17013 (717) 243-5513 5 NOV 1 4 1997bb KATHY ANN FAILOR, Plaintiff : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYL V AN:A : NO. 97-5719 CIVIL TERM JOHN EDWARD FAILOR, SR., Defendant : PROTECTION FROM ABUSE PROTECTION ORDER AND NOW, this JJ! day of November, 1997, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, John Edward Failor, Sr., is enjoined from physically abusing the plaintiff. Kathy Ann Failor, or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing her relatives. 4. The defendant is prohibited from entering the plaintifl's place of employment. S. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties. In addition, the defendant shall return to the plaintiff. in good working order/condition, items including, but not limited to, the following: the 1979 Chevrolet pick-up truck, all her personal clothing and effects, facsimile (FAX) machine, electric typewriter, and portable telephone. The parties shall exchange their clothing and personal belongings, including those listed above, through a mutually agreed upon third party. 6. The defendant shall stay away from any residence the plaintiff establishes for herself in the future. Pursuant to this Court's Order entered after hearing on October 23, 1997, the defendant is excluded from the marital residence located at 20 Moongale Drive, Carlisle, Cumberland County, Pennsylvania. 7. The defendant shall relinquish to the sherift's department any and all weapons which he owns or possesses (.25 automatic and .44 magnum handguns, and shotguns and rifles), the weapons shall remain in the custody of the Cumberland County Sheriffs Department for the duration of the Protection Order, and the defendant shall not acquire or possess any weapons for the term of the Protection Order. 8. Court costs and fees are waived. 9. This Order shall remain in effect for a period of one (1) year and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. This Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 10. A violation of this Order may subject the defendant to: i) arrest under ::3 Pa.C.S. ~6113; ii) a private criminal complaint under 23 Pa.C.S. ~6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. ~6114, punishable by imprisonment up to six months and a fine of S 100.00-$ I ,000.00; and iv) civil contempt under 23 Pa.C.S. ~6114.1. It. The North Middleton Township Police Department shall be provided with a certified copy of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken ., before the appropriate district justice. (23 Pa.C.S. ~6113). By the Court, ~.5/~~~,~(J George E. Hoffer, Judge Joan Carey LEGAL SERVICES. INC, Attorney for Plaintiff TRUE COpy FROM RECORD In Testimony v.ht'r~of. I here unto set my hand and the seai or said Court at Carlisle, Pa. Thl. ....L9..~.. day oL:nq)J.~..'", 19..1..1 -""'"~'L.....(c,....,...'f?~~ ~~. Proth~~ola,y "'-"- John H. Broujos BROVJOS & GILROY Attorney for Defendant LAW OFFICI" ' ~ oJ FLOWER, MORGENTHAL, FLOWER & L1NDSA1y... l. L' U r' y A raO,ElSIONAL C"ORJ'ORA nON II EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013-3016 JAMES U. FLOWER ROOeR M. MOROI!m1IAL JAMES D. FLOWER, JR. CAROL J. LINDSAY OU!rsCII ol MORGEI'n1IAL (1975.19&5) (717) 243-$513 FAX: (717) 243-6510 E-mail: FMFL LaW@aol.rom FLOweR, KRAMeR MOROWIlIAL ol FLOweR (19&5.1991) November 18, 1997 John H, 8roujos, Esquire BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, PA 17013 RE: Failor v. Failor No. 97.5867 Civil Term Dear John: I do not wish to inflame matters. but my client called to tell that she understands that Mr. Failor sold one of the items of personal property, a beer tap, which he was ordered by the Consent Agreement of October 23, 1997. an Agreement I assume is an Order of Court, not to sell. Please review with him Paragraph 6 of the Agreemnet. He sold the beer tap to Jim Neidigh. his friend. for less than fair market value. Mr. Failor needs to understand that he is not privileged to dissipate rnarital property. My client has asked me to file a Petition for Contempt. I have some hope of not Inflaming matters pending settlement. Nevertheless, I need to know from you that the beer tap has been returned to Mr. Failor's possession and the consideration, such as it was, returned to Mr, Neidigh. I can tell you, however. that we will enforce the Order and seek attorney's fees for doing so. if Mr. Failor fails to abide by its terms. Very truly yours, FLOWER, MORGENTHAL. FLOWER & LINDSAY, P.C. Carol J. Lindsay CJLltlb ee: Kathy Ann Failo, File '5487-17.01 . , . , ii ~ J\ ~ <.~ l: , . . BROUJOS & GILROY, P. C. ATTORNEYS AT LAW 4 NORHI HANOVER STREET CARLISLE, PENNSYLVANIA 17013 ":!. . , '. ) v,.' .;;/ ::.) r: =JI! c>, //--:':~"'j)j___.___.. : ~ ~ -.. :~I't,'::,^';'Ji ~~i\t~r : Alln: John H. Broujos, Esq. BROUJOS & GILROY, P.C. 4 North Har.over Street Carlisle, PA 17013 ,..-" ,- .',., """"'-"'~-',,;,,_~,,-i t:4;t~,fi,i-~~~j~tH;'1~~ . .. t. ,.'''' .. 'j " ;#' '. , . -' :.o:w-._..-...... ----:-~'~-:...:..:--:::..-..:.!:.;.i~, . ....."i-~-:: ' . . \ I I \ I, I . BROU]OS & GILROY. r.c. ATIORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 . '~-.,) "; ",'.1 " "~I' \'.. ',c\~._~ "': . ')' "j . :{,3,;\~j :: . 3 2 ~ ~ Pf'.,../ .--"0\;~<~^1~' 'Hl',};t9;?.!~J ~ Carol J. Lindsay, Esquire Flower, Morganthal, Flower & Lindsay 11 East High Street Carlisle, PA 17013 '. , . .' ,"""" ~ lJl:t: ;1 J 1~98 KATIIY ANN f'AILOR Plai"tlff : IN TIlE COURT OF COMMON PLEAS Of' : CUMBERLAND COUNTY, PENNSYLVANIA VI. : CIVil, ACTION. DIVORCE JOliN EDW ARD FAILOR, SR. Defentlant : NO. 97-3719 CIVIL n:RM : PROTECTION FROM ABUSE : JudRe lIorrer ORDER AND NOW this _day of , 1999, upon Petition and finding that the Order of November 19, 1997 of one year's duration has expired, The Sheriff of Cumberland County is directed forthwith to release all weapons deposited with the Sheriff in the above. captioned case. BY THE COURT: J. UEC 3 1 1998 KATHY ANN FAILOR Plallltiff VI. : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE JOHN EDWARD FAILOR. SR. Defendant NO, 97-5719 CIVIL TERM PROTECTION FROM ABUSE : Judge 1I0rrer ORDER AND NOW this _day of , 1999, upon Petition and finding that the Order of November 19, 1997 of one year's duration has expired, The Sheriff of Cumberland County is directed forthwith to release all weapons deposited with the Sheriff in the above- captioned case. BY THE COURT: J. OEl.: 3 I 1998 KATHY ANN FAILOR Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA \II. : CIVIL ACTION. DIVORCE JOHN EDWARD FAILOR, SR. Defendllnt NO. 97.5719 CIVIL TERM PROTECTION FROM ABUSE : Judge Hoffer ORDER AND NOW this _day of , 1999, upon Petition and finding that the Order of November 19, 1997 of one year's duration has expired, The Sheriff of Cumberland County is directed forthwith to release all weapons deposited with the Sheriff in the above- captioned case. ,. BY THE COURT: J. KATHY ANN FAILOR. Ploint j ff IN THE COURT OF COMMON PIEA~ OF CUMBfRI.AND COUNTY, PfNNSYIVANIA 97-5719 CIVIL TFRM PROTECTION FROM ABUSE vs JOHN EDWARD FAILOR, SR., Defendant IN.RE~___.P.ROIE.c.UQ.N. flillI'LAB.U.SE ORDER Of._CQURT AND NOW, October 23. 1997, 10:24 a.m., the parties having appeared in open court together with personal counsel, ond the defendant havlng generally agreed to the entry of a consent order on the PFA petition, without admission of prior wrongdoing in accordance with the Act. the court directs counsel to prepare and present to the court an appropriate consent order signed by the parties. Although the defendant has agreed to a general consent order. both parties contest the right to exclusive possession of the home. Testimony was presented to the court on this issue, and ofter hearing and consideration of the testimony presented we direct thot the wife shall hove exclusive possession of the home and that the husband is excluded from the home at 20 Moongale Drive, Carlisle. By the Cour t. . .J. .Joan Carey, Esquire Legal Services, Inc. 8 Irvine Row Carlisle. Po, 17013 For the Plaintiff , '.) Jol1l1 H. BrouJos, Esquire 4 Nortll Honover St.reet Carlisle, Po. 17013 For the Defendant {'''F~ (l"...~L.l 10/31)'1'1. ..h..e, ,., ;j v..' , ,:') :lIItf KATHY ANN FAILOR, Plaintill' IN HIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v NO <)7-571<) CIVIL TERl\t JOHN EDWARD FAILOR. SR. Dcfendant PROTECTION FROM ABUSE AND NOW. 'h;{l~O:'~~:~~~'~~~~:",id~'';"" Agreement of the parties. the tollowing Ordcr is .:ntcred I. The defendant. John Edward Failor. Sr.. is enjoincd Irom phy~cally abl.lllinglhe of the Consent plaintiff, Kathy Ann Failor. or trom placing her in tear of abuse 2, Thc defendant is enjoined from having an~ direct or indircct contact with the plaintitf including. but not limited to. telcphone and written communications 3. The defendant is ordercd to refrain from harassing and stalking the plaintiff and Irom harassing her relatives 4, The defendant is prohibitcd from entering the plaintill's place of employment. 5, The defendant is prohihited Irom removing. damaging. destroying or selling any property owned by the plaintitl' or jointly owned by the parties. In addition. the defendant shall retum to the plaintjlT. in good working order/cQndition. items including, but not limited to, the following: the I <)7<) Chevrolet pick-up truck. all her pert;ontll ~Iothing and ellects. facsimile (FAx, machine. electric typewriter. and portable telephone! The parties shall exchange thelr clothing and personal belongings. including those listed above. through a mutually aWeed upon third p~, 6, The defendant shall stay away trom any residence the plaintiff establish~ (oT herself in the future. Pursuant to this Court's Order entered after hearing on October 23, 1997, the defendant is cxcluded Irom the marital residence located at 20 Moongale Drive, CllJ~, Cumberland County. Pennsylvania 7. The defendant shall relinquish 10 the sherin's department any and all weapons which he owns or possesses (.25 automatic and .44 magnum handguns, and shotguns and rilles), the weapons shall remain in the custody of the Cumberland County Sherin's Department for the duration of the Protection Order. nnd the defendant shall not acquire or possess any weapons for the term of the Protection Order. 8. Court costs and lees arc wlIived, 9. This Order shall remllin in elTect lor a period of one ( 1) year and can be extended beyond that time if the Court linds that thc detendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintitT. This Order shall be entorceable in the same manncr as the Court's prior Temporary Protection Order entered in this case. 10, A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. 96113; ii) a private criminal complaint under 23 Pa,C.S. 96113, I; iii) a charge of indirect criminal contempt under 23 Pa.C,S, 96114, punishable by imprisonment up to six months and a fine of $100.00.$1.00000; and iv) civil contempt under 23 PaC.S. 96114, I. II. The North Middleton Township Police Depllrtment shall be provided with a certilied copy of this Order by the plaintitl's attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probablc cause that this Order has been violated, whether or not the violation is committed in the presence of the police otlicer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall b~ taken before the appropriate district justice. (23 Pa,CS, ~611 3). By the Court, Joan Carey LEGAL SERVICES, INC. Attorney for Plaintitr e. ~... ,..,........Ji..{ /II ;;1."1 ,.,. ~l ~.~ John H, Broujos BROlJJOS & GILROY AlIorney for Defendant ,~T- , i( t.~ ,- ~ 'ji C] 0','" 1 , .. I: , ,. r:"') ." d", CL,', /. ,.:y KATHY ANN FAILOR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v NO. 97-5719 CIVIL TERM JOlIN EDWARD FAILOR, SR, Defendant PROTECTION FROM ABUSE CONSENT AGREEMENT ~ This Agreement is entered on this ~ day of November, 1997. by the plaintiff, Kalhy Ann Failor, and the defendant, John Edward Failor, Sr. The plaintiff is represented by Joan Carey of LEGAL SERVICES, 1NC; the defendant is represented by John H. Broujos of BROUJOS & GILROY. The parties agree thaI the following may be entered as an Order of Court. I. The defendant. John Edward Failor, Sr.. agrees to refrain from abusing the plaintiff, Kathy Ann Failor, or from placing her in fear of abuse 2, The defendant agrees not to have any direct or indirect contact with the plaintiff including, but not limited to, telephone and wrillcn communications 3, The defendant agrees not 10 harass &nd stalk the plaintiff and not to harass the plaintiffs relatives, 4, The defendant agrees not to enter the plaintiffs place of employment. 5, The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties. In addition. the defendant agrees to return to the plaintiff, in good working order/conJition, items including, but not limited 10, the following: the 1979 Chevrolet pick-up truck, all her personal clothing and effects, facsimile (I' AX) machine, electric typewriter, and portable telephone. The parties agree to exchange their clothing and personal belongings, including those listed above. through a mutually agreed upon third party, 6, The defendant agrees to stay away from any residence the plaintiff establishes for herself in the future. Pursuant to this Court's Order entered after hearing on October 23, 1997, the defendant is excluded from thc marital residencc located at 20 Moongale Drivc, Carlisle, Cumberland County, Pennsylvania. 7. Thc defendant agrees to relinquish to the sheriffs department any and all weapons which he owns or possesscs (.25 automatic and .44 magnum handguns, and shotguns and rilles), agrees that the weapons rcmain in thc custody of the Cumberland County Sherill's Department for the duration of the Protcction Ordcr. and agrecs not to acquire or posscss any weapons for the term of the Protcction Order. 8, The dcfendant. although entcring into this Agrccment, docs not admit the allegations made in the Petition, 9. The defendant undcrstands that the Protection Order cntercd in this mailer will be in effect for a period of onc (I) year and can be extcndcd beyond thattimc if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Tcmporary Protcction Ordcr entered in this case. 10. Violation of the Protection Order may subjcct the defendant to: i) arrest under 23 Pa,C.S. ~6113; ii) a private criminal complaint undcr 23 Pa,C.S. ~6113, I; iji) a charge of indirect criminal contempt under 23 Pa.C.S, 96114, punishable by imprisonmcnt up to six months and a fine ofSIOO,OO.Sl,OOO.OO; and iv) civil contempt under 23 Pa,C.S. ~6114.1. WHEREFORE, the parties request that a Protection Order bc cntcrcd to rellcct the above Kat Artt i1~ flaintiff ..' ..~'-P- ..:.. C;i. 'u. L v/ 'JoanTarey, Attorney fo~jlaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243.9400 (:C~, oh ward Failor, Sr" fcndant ~' '4\.-r=:y John I ' Broujos, Attorncy for Defendant BRO JOS & GILROY 4 North lIanovcr Strcct Carlisle, PA 17013 (717) 243.4574 I, '1\', n. ~ 1_ : (-., (~, ~ l,l. l\_' i' "- :r": to. c. .':'C) l:.. C)\ t ~~ ~ l' ~'....~ ~~ '_J: . ~ ~....I /,(} :,. "d ",u.. . :1 'J C<, ..:. ,- V' KATHY ANN FAILOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 97. t'7/7 CIVIL TERM JOHN EOWARD FAILOR, SR.. Defendant PROTECTION FROM ABUSE RY PROTECTION ORDER AND NOW, this day of October. 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff. Kathy Ann Failor, temporarily residing at an undisclosed location for her own safety and to avoid further abuse is in immediate and present danger of abuse from the defendant, John Edward Failor, Sr., the following Temporary Order is entered. Law enforcement agencie.f, human service agencies and school di.uricts shall not disclose the presence of the p!aintiff in the juri.fIliction or di.ftrict or furnish any addnss. telephone number, or any other demographic information about the plaintiff except by further Order of Court. The defendant. John Edward Failor, Sr. (SSN I 97-40.5295)(DOB: 4/01/48), residing at 20 MoonBale Drive. Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Kathy Ann Failor. or from placing her in fear of abuse. The defendant is excluded from the marital residence located at 20 Moongale Drive, Carlisle. Cumberland County. Pennsylvania, a residence which is owned in the plaintiffs name, and is ordered to stay away from any residence the plaintiff may establish for herself. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including. but not limited to, telephone and written communications, The defendant is enjoined from harassing and stalking the plaintiff and from harassing her relatives. The defendant is enjoined from entering the plaintiffs place of employment. The defendant is enjoined from removing, damaging. destroying or selling any property owned jointly by the parties or owned by the plaintitf A violation of this Order may subject the defendant to: I) arrest under 23 Pa.C.S. ~61 13; ii) a private criminal complaint under 23 Pa.C.S, ~6113.1; iii) a charge of indired criminal contempt under 23 Pa.C.S. ~6114, punishable by imprisonment up to Sill months and a fine ofSIOO,OO-SI,OOO.OO; and Iv) civil contempt under 23 Pa.C.S. ~6114.1. This Order shall remain in effect until modi tied or terminated by the Court and can be extended beyond its original expiration date if the Court tinds that the defendant has commilled an act of abuse or has engaged in a pallern or practice that indicates risk of harm to the plaintiff, The defendant is ordered to relinquish to the sherilrs department any weapons which he owns or possesses (.22 handgun, 44 magnum handgun, and 9-12 rifles and/or shotguns), and the defendant is prohibited from acquiring or possessing any ,?\pons for the duration of this Order. ~w. A HEARING SHA L. BE HELD ON THIS MATIERON THE 1" DAY OF OCTOBER, 1997, AT' ,M., IN COURTROOM NO. 9.-, OF THE CUMBERLAND COUN COURTHOUSE, CARL.lSLE, PENNSYL.VANIA. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing, The Cumberland County Sheriffs Department shall attempt to make servIce at the plaintift's request and without pre-payment of fees. but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service, The Prothonotary shall not send a copy of this Order to the defendant by mail. The North Middleton Police Department, Pennsylvania State Police, Carlisle Police Department, and Carlisle Barracks Military Police shall be provided with a certified copies of this Order by the plaintiff's allorney, This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made, under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. ~6113), By the Court, Judge Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff KATHY ANN FAILOR, Plaintiff : IN HIE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, JOHN EDWARD FAILOR, SR" Defendant !IIQ.97. !J'717 PROTECTION FROM ABUSE CIVIL TERM NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by anorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are wamed that if you fail 10 do so the Court may proceed without you. and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff You may lose money or property or other rights important to you FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25,00 will be assessed against you, You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. You should tak~ this pap~r to your lawy~r at onc~. If you do not hav~ a lawy~r or cannot afford on~, go to or t~l~phon~ th~ omc~ set forth below to find out wb~re you caD get legal b~lp. COURT ADMINISTRATOR. 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 bearing or business before: Ihe court, KATHY ANN FAILOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 97. -.-5...:lL2.. CIVIL TERM JOHN EDWARD FAILOR, SR, Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER TilE PRO"fECTION FROM ABUSE ACT 23 Pa.C.S. ~6101 et seq. A. ABUSf: I. The plaintiff, Kathy Ann Failor, is an adult individual whose permanent residence is located at 20 Moongale Drive, Carlisle. Cumberland County, Pennsylvania 17013. 2. The plaintiff is temporarily staying at an undisclosed location for her own protection and to avoid further abuse as is more fully set forth herein. This address will be fumished to the court upon request. 3. The defendant, John Edward Failor, Sf. (SSN: I 97.40.5295)(DOB: 4/01/48), is an adult individual residing at 20 Moongale Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 4. The defendant is the husband of the plaintiff 5. Since approximately 1987, the defendant has attempted to cause and has intentionally. knowingly, or rccklessly caused bodily injury to the plaintiff, has falsely imprisoned the plaintiff pursuant to 18 Pa, C. S. ~ 2903, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff including following the plaintiff without proper authorization, under circumstances which have placed her in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a) On or about October 13, 1997, the defendant returned to the marital home after having moved some of his things out several days before and became argumentative with the plaintiff as she was leaving the house to go out with her friend. The defendant asked the plaintiff if she or her friend, Tina, had ever seen the movie "Sniper", and when she said they had not, the defendant threatened her saying, "Well you should because both of you are going to be fucking dead," When the plaintiff told the defendant that she did not think it was a good idea to be in the same house with him and walked outside toward her vehicle, he followed her, grabbed her by the arm causing bruising, turned her around toward him, and told her that she would be walking if she left because he would not let her lake the vehicle. After the plaintiff got into the vehicle. the defendant demanded that she wait saying that he had something for her. The defendant pulled a handgun from his vehicle, held the gun against the plaintiff's temple, and threatened her saying, "I don't want to do this, but both of us are going to die," When the plaintiff told the defendant to put the gun away, he turned it toward himself and then set the gun on the roof of the vehicle, As the plaintiff started her vehicle to leave, the defendant grabbed the handgun, held it behind his back, then handed it over to the plaintiff who set it behind the driver's seat of her vehicle, The plaintiff. fearing for her life if she did comply, agreed to drive the defendant to his vehicle. When he got into her vehicle, he pushed the plaintiff and her seat forward, took the handgun from behind the seat, and put it back in his vehicle before they left. b) On or about October 4, 1997, the defendant entered the bathroom as the plaintiff was gelling ready to go out, pulled a handgun out of his back pocket, waved it about in a threatening manner, and threatened to kill himself When the plaintiff's friend, Tina, telephoned her, the defendant grabbed the telephone from the plaintiff. told Tina to "stay the lUck out of our business", and hung up on her The defendant pushed the plaintiff in her chest causing her to fall backward on the bed and pinned her to the bed by lying on her. The telephone rang several times, but the defendant would not allow the plaintiff to answer it. When the answering machine came on, Tina left a message saying. "John, if you don't let Kathy pick up the phone in 5 seconds. I'll assume that you're hurting her and I'll call the police," The defendant did not let the plaintiff pick up the telephone and the North Middleton Township Police responded within minutes, The defendant went downstairs to meet the police officer and told the officer that everything was okay, but the plaintiff came downstairs and told the officer that everything was not okay, The police officer suggested that the plaintiff leave the residence for her own safety, and transported her to her friend's home. The plaintiff sustained bruising about her leg as a result of this incident. c) On or about October I, 1997, the defendant asked the plaintiff, "Where the fuck are you going?" When the plaintiff told him she was going to dinner with her friend. he said, "You're not going any.lUcking.where," He grabbed her purse, dumped the contents onto the bed, took her keys, and refused to give the keys to her telling her that she was not going anywhere, The plaintiff telephoned 911 for help, but the defendant grabbed the telephone from her, hung up the receiver, pushed her in the chest causing her to fall onto the bed, straddled her and pressed his forearm across her chest pinning her to the bed. The 911 dispatcher called back and spoke with the defendant, who was still ontop of the plaintiff as he spoke to the dispatcher. The defendant told the dispatcher that everything was okay, but the dispatcher wanted to speak to the plaintiff As the defendant handed the telephone to the plaintiff. he glared at her and reached his hand to her neck in a manner that caused her to fear that he would choke her if she said she was in danger. Fearing for her safety. the plaintiff told the dispatcher that there was no problem, d) Since approximately 1987, the defendant has abused the plaintiff in ways including, but not limited to. pushing her about. grabbing her by the arms, restraining her from leaving the house, monitoring her whereabouts and telephone calls, and restricting her from contact with her family and friends, In addition, the defendant has threatened to kill the plaintiff with a gun, has threatened suicide with a gun, and has threatcned to kill the plaintiff and himself with a gun. In or about 1991, the defendant twisted the plaintiff's finger so severely that she could not bend it. The plaintiff sought medical allention at the Carlisle Hospital Emergency Room for treatment of her injury, She sustained swelling, bruising, and soreness about her finger as a result of this incident. In or about 1987, the defendant threw the plaintiff down a flight of stairs, stood looking down at hcr from the landing as she lay injured on the floor below, and walked away, The plaintiff sought medical treatment at the Carlisle Hospital Emergency Room for injuries she sustained to her back as a result of this incident. 6, On or about October 13, 1997, the plaintiff left her residcnce at 20 Moongale Drive, Carlisle, Cumberland County, Pennsylvania, in order to avoid further abuse. 7. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defcndant should she return to the home without the defendant's exclusion and that she is in need of protection from such abuse, 8. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 9. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing her relatives. ] O. The plaintiff desires that the defendant be restrained from entering her place of employment. 11, The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff. 12. The plaintiff desires that any weapons the defendant owns or possesses (.22 handgun, 44 magnum handgun, and approximately 9.12 rifles and/or shotguns) be confiscated by the Sheriff's Department and that the defendant be prohibited from acquiring or possessing any weapons for the duration of the Temporary Protection Order. B. EXCWSIVE POSSESSION 13. The home from which the plaintiff is asking the Court to exclude the defendant at 20 Moongale Drive, Carlisle, Cumberland County, Pennsylvania, is owned in the name of Kathy Ann Failor. 14. The plaintiff currently has no place to stay except the marital home, and the defendant has family and friends in the area with whom he can stay. 16. The plaintiff desires the defendant to provide suitable allemate housing for her. e. SUPPORT 17. The defendant has a duty to support the plaintiff. IS. The plaintiff is in need of financial support from the defendant including, but not limited to: continued health insurance coverage, payment of unreimhursed medical expenses for herself and the mortgage payment on the residence at 20 Moongale Drive, Carlisle, Cumberland County, Pennsylvania. 19. The defendant is employed at Frog Switch Manufacturing on East High Street in Carlisle, and earns approximately $14,SO per hour and works 40 hours per week. In addition, the defendant owns and operates heavy equipment charging approximately $45,00 per hour and works a minimum of 6 hours each week operating the equipment. 20. The plaintiff s income is insufficient to provide for her minimal needs until such time as a support order can be obtained by tiling at the Domestic Relations Office. 21. The plaintiff intends to petition for support within two weeks of the issuance of a protection order. D. REIMBURSEMENT FOR COST OF CASE 23, The plaintiff asks that the defendant be ordered to pay $25000 to Cumberland County, Olle of Legal Services, Inc.'s funding sources as reimbursement for the cost of litigating this case, and that the defendant be assessed the $25,00 surcharge and any court costs jfthe case goes to hearing. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Ace" of October 7, 1976, 23 P.S, ~6101 ~ ~" as amended, the plaintiff prays this Honorable Court to grant the following relief: A, Grant a Temporary Order punuant to the "Protection from Abuse Act:" I. Ordering the defendant to refrain from abusing the plaintiff or from placing her in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including. but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives. 4. Prohibiting the defendant from entering the plaintift's place of employment. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff. 6, Granting possession of the home located at 20 Moongale Drive, Carlisle, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant, and ordering the defendant to stay away from any residence the plaintiff may establish for herself pending a final order in this matter. 7. Ordering the defendant to provide suitable alternate housing for the plaintiff. 8. Ordering the defendant to relinquish to the sheriffs department any weapons which he owns or possesses (22 handgun. .44 magnum handgun, and 9.12 rifles and/or shotguns), and prohibiting the defendant from acquiring or possessing any weapons for the duration of the Temporary Protection Order, B. Schedule a hearing in accordance with the provisions or the "Protection rrom Abuse Act," and, arter such hearing, enter an order to be in eITect ror a period or one year: I. Ordering the defendant to refrain from abusing the plaintiff or from placing her in fear of abuse, 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to. telephone and written communications, 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives. 4. Prohibiting the defendant from entering the plaintift's place of employment. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff. 6. Granting possession of the home located at 20 Moongale Drive, Carlisle, Cumberland County, Pennsylvania. to the plaintiff to the exclusion of the defendant, and ordering the defendant to stay away from any residence the plaintiff may establish for herself for the duration of the Protection Order. 7. Ordering tt,e defendant to provide suitable alternate housing for the plaintiff. 8. Ordering the defendant to relinquish to the sherift's department any weapons which he owns or possesses (.22 handgun. .44 magnum handgun, and 9.12 rifles and/or shotguns), and prohibiting the defendant from acquiring or possessing any weapons for the duration of the Protection Order, 9. Granting support to the plaintiff in the amount of $165,00 per week payable to the plaintiff in the form of a check or money order, mailed to her mailing address; ordering the defendant to maintain health coverage to the plaintiff; ordering the defendant to pay all of the unreimbursed medical expenses of the plaintiff to the provider or to the plaintiff when she has paid for the medical treatment. and ordering the defendant to make mortgage payments on the residence of the plaintiff, 10. Ordering the defendant to pay $250,00 to Cumberland County, one of Legal Services, Inc.'s funding sources as reimbursement for the cost of The above-named plaintiff, Kathy Ann Failor, verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S, ~4904 relating to unsworn falsification to authorities, Date ~rl 1l.J lq~ } " (' ... -- , " - vi " ""'( ~ ~ .j .... .. ~ ') " ~ c:.J "'- ."1 ~~ ~" ~, 3 ~ r! h .Ii' r-. iL .' 0 ,. , '-' -:_1 ~ ~j:> ~ .... ~....._.........-- .ll. "- ...p i Co. . ., .... .' " " ! . BROUJOS &. GIL.~OY, P. C. ATTORNB' li"AT LlW 4 NOJlTH fiAlolloWU. ~l'REJrr CARLISLE, PENNS'tLVANIA 17013 717.243-4514 166-1690 . . . F ( \ tr- .. \ ., f ! , , ,.-.. -- :~,~ -.:----...->..r-..~~.~:~:;~- ~;-.'i,~-r.~ KATIIY ANN FAILOR Pla;ntijJIPtt;/;ontr PENNSYLVANIA : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, VI. : CIVIL ACTION. DIVORCE JOHN EDWARD FAILOR, SR, DtltndantlRtspondtnt : NO. 97.5719 CIVIL TERM : PROTECTION FROM ABUSE ANSWER or RESPONDENT TO PETITION FOR FINDING OF CONTEMPT AND SANCTIONS John Edward Failor, Sr., through his attomey Broujos & Gilroy, P.C. sets forth the following: ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted that Respondent sold a beer tap. The beef tap was sold on or about August or September of 1997, prior to the date of entry of the order of November 1997. 6. Admitted that Respondent sold a 1979 Chevrolet truck to Joe Ruda for the sum of $ 1,500.00 during said period. However, the $ 1,500.00 sale price was immediately used to purchase a 1985 Chevrolet four.wheel drive pickup with a snowplow attached for $2,000.00. This truck is still owned by Respondent and to the extent ofs 1,500.00 constitutes marital property and is preserved. 7. Admitted. The proceeds of$2,5oo.00 were used for the purchase ofa 1971 Ford dump truck for the sum of S4,ooO.00, which dump huck is still in his possession and to the extent of S2,5oo.oo constitutes marital property and is preserved. 8. Admitted that Respondent sold a backhoe with low Low. Boy trailer to Art Swartz for a total purchase price ofS6,3oo.oo, of which S3,7OO.OO was a down payment, with a balance due ofS2,6oo.oo. The proceeds of the down payment ofS3,7oo.oo were applied to the purchase ofa Case backhoe for S7,OOO.00, and the subsequently purchased backhoe constitutes marital property and is preserved. The backhoe with Low. Boy trailer attached is still in the possession of Respondent, located in the parking area of Frog and Switch, which is used by Respondent by permission. 9. Admitted that Respondent sold a trailer to Tammy Trayer in October or November of 1998 for S3,5OO.OO. He immediately purchased another boat end trailer for $3,500.00, which is located at the rental property of Respondent at 209 Echo Road, Carlisle, Pennsylvania 17013. The purchased boat and trailer constitutes marital property and is preserved. The boat was not transferred because it requires a signature of both Petitioner and Respondent and is located at the residence of Tarn my Trayer at Trayer Lane, Carlisle, Pennsylvania 17013 and constitutes marital property, estimated at the value ofS3,5oo.oo. 10. Admitted. 11. Denied. After reasonable investigation, Respondent is without knowledge or information sufficient to form a l:elief as to the truth of the averment. Proof is demanded. NEW MATTER 12. Petitioner in writing or verbally consented to the sale of all or most of the items. In all of the items, the net value of the marital assets as of dale of the order of November 1997 still exists ... and is prescrved in the item substituted in value for the sale prices as set forth in the above paragraphs. 13. Prior to filing the Petition for Finding of Contempt and Sanctions, Petitioner failed to advise Respondent of the information set forth in the above averments of Petitioner, with the exception cf paragraph 5. Since value has been preserved, Petitioner is not entitled to counsel fees for filing of the action, which could have been resolved by discussion and settlement, based upon the value of the assets as preserved. 14. During the protracted period of the divorce proceedings and negotiations with respect to marital property and equitable distribution, the above items were lying fallow in the fields and backyards and deteriorating. The sale of these items actually preserved the marital property values, as set forth in the above answers, without harm to the Petitioner. COUNTERCLAIM IS. Respondent had a storage shed at Priceless Storage Shed of Longs Gap Road and Route 34, containing substantial amounts of marital property consisting of thousands of dollars of value, properly secured and preserved by two locks for eventual equitable distribution. 16. On or about February 28, 1998 Petitioner went to the storage shed, rented in the name of Respondent only, cut the locks, and removed the contents without permission. 17. When a report was made to the North Middleton police, through Officer Stum, Petitioner when confronted by Officer Stum admitted to taking the marital property for the 'purpose of having it appraised. No appraisal has been made. Respondent requests the court to instruct and direct Petitioner to identify the location of the contents of the storage shed and to account therefore. "'- I verify that the statements in the foregoing pleading are true and correct. I understand thaI false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. Edward Failor, Sr. \1 KATHV ANN MILOR PllllntlfflPttltlon" : IN Tm: COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VI. : CIVIL ACTION - DIVORCE JOliN EDWARD FAIl.OR, SR, Dtftll.Ilt/Rt..pondtllt : NO, 97.5719 CIVIL TERM : PROTECTION FROM ABUSE CJo:RTIFICATE OF SERVICE AND now,thll 29. day of December, 1998,1, John H. Broujos, Esquire of the taw firm orBmujos 4: Oilroy, P.C., hereby certify thaI I served the within Answer Of Respondent To petition For Flndlna Of Contempt And Sanctions this day by hand-delivering the same to: BROUJOS & GILROY, P.C. Alto ey fo ent Carol J. Lindsay, Esquire Flower, Morganlhal, Flower & Lindsay 11 East High Street Carlisle, PA 17013 ,,:. KATHY ANN FAll .OR, Plaintiff JOHN EDWARD FAll.OR, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · NO. 97- ,~71 ? CIVIL TERM · PROTECTION FROM ABUSE TEMPO RY PROTECTION ORDER AND NOW, this day of October, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Kathy Ann Failor, temporarily residing at an undisclosed location for her own safety and to avoid further abuse is in immediate and present danger of abuse from the defendant, John Edward Failor, Sr., the following Temporary Order is entered. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of the plaintiff in the jnrisdiction or distri~ or furnish any address, telephone number, or any other demographic information about the plaintiff except by further Order of Court. The defeod~nt, John Edward Failor, Sr. (SSN: 197-40-5295)(I)OB: 4/01/48), residing at 20 Moongale Drive, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Kathy Ann Failor, or from placing her in fear of abuse. The defendant is excluded from the marital residence located at 20 Moongale Drive, Carlisle, Cumberland County, Pennsylvania, a residence which is owned in the plaintiff's name, and is ordered to stay away from any residence the plaintiff may establish for herself. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing her relatives. The defendant is enjoined from entering the plaintiffs place of employment. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff. A violation of this Order may subject the defendant to: i) arrest under 2:3 Pa.C.S. §6113; ii) a private criminal complaint under 23 Pa.C.S. §6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. {}6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. {}6114.1. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. The defendant is ordered to relinquish to the sheriff's department any weapons which he owns or possesses (.22 handgun, 44 magnum handgun, and 9-12 rifles and/or shotguns), and the defendant is prohibited from acquiring or possessing any.w~pons for the duration of this Order. ~/~DAY OF A HEARING SHAI,L BE ~LD ON ~S ~R ON ~ OCTOBER, I997, AT ~~_~.M., IN COURTROOM NO. ~, OF THE CUMBERLAND COUNtrY COURTHOUSE, CARLISLE, PENNSYLVANIA. The plaintiff may proceed without pre-payment of fees pending a further order after the heating. The Cumberland County Sheriffs Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The North Middleton Police Department, Pennsylvania State Police, Carlisle Police Department, and Carlisle Barracks Military Police shall be provided with a certified copies of this Order by the plaintiffs attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made, under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. §6113). By the Court, Judge Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff KATHY ANN FAILOR, Plaintiff JOHN EDWARD FA1LOR, SR., Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97- :5' ?/~ CIVIL TERM : PROTECTION FROM ABUSE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other fights important to you. FEES AND COSTS If the case goes to heating and the judge grants a Protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS W1Tlt DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For info,marion 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 l~for¢ ~the court. KATHY ANN FAILOR, Plaintiff JOHN EDWARD FA1LOR, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97- 6~?/~' CIVIL TERM : PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT 23 Pa.C.S. §6101 et seq. A. ABUSE 1. The plaintiff, Kathy Ann Failor, is an adult individual whose permanent residence is located at 20 Moongale Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The plaintiff is temporarily staying at an undisclosed location for her own protection and to avoid further abuse as is more fully set forth herein. This address will be furnished to the court upon request. 3. The defendant, John Edward Failor, Sr. (SSN: 197-40-5295)(DOB: 4/01/48), is an adult individual residing at 20 Moongale Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 4. The defendant is the husband of the plaintiff. 5. Since approximately 1987, the defendant has attempted to cause and has imentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has falsely imprisoned the plaintiff pursuant to 18 Pa. C.S. § 2903, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff including following the plaintiff without proper authorization, under circumstances which have placed her in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a) On or about October 13, 1997, the defendant returned to the marital home after having moved some of his things out several days before and became argumentative with the plaintiff as she was leaving the house to go out with her friend. The defendant asked the plaintiff if she or her friend, Tina, had ever seen the movie "Sniper", and when she said they had not, the defendant threatened her saying, "Well you should because both of you are going to be fucking dead." When the plaintifftold the defendant that she did not think it was a good idea to be in the same house with him and walked outside toward her vehicle, he followed her, grabbed her by the asm causing bruising, turned her around toward him, and told her that she would be walking if she left because he would not let her take the vehicle. After the plaintiff got into the vehicle, the defendant demanded that she wait saying that he had something for her. The defendant pulled a handgun from his vehicle, held the gun against the plaintiff's temple, and threatened her saying, "I don't want to do this, but both of us are going to die." When the plalntifftold the defendant to put the gun away, he turned it toward himself and then set the gun on the roof of the vehicle. As the plaintiff started her vehicle to leave, the defendant grabbed the handgun, held it behind his back, then handed it over to the plaintiff who set it behind the driver's seat of her vehicle. The plaintiff, fearing for her life if she did comply, agreed to drive the defendant to his vehicle. When he got into her vehicle, he pushed the plaintiff and her seat forward, took the handgun from behind the seat, and put it back in his vehicle before they left. b) On or about October 4, 1997, the defendant entered the bathroom as the plaintiff was getting ready to go out, pulled a handgun out of his back pocket, waved it about in a threatening manner, and threatened to kill himself. When the plainfiWs friend, Tina, telephoned her, the defendant grabbed the telephone from the plaintiff, told Tina to "stay the fuck out of our business", and hung up on her. The defendant pushed the plaintiff in her chest causing her to fall backward on the bed and pinned her to the bed by lying on her. The telephone rang several times, but the defendant would not allow the plaintiff to answer it. When the answering machine came on, Tina left a message saying, "John, if you don't let Kathy pick up the phone in 5 seconds, I'll assume that you're hurting her and I'll call the police." The defendant did not let the plaintiff pick up the telephone and the North Middleton Township Police responded within minutes. The defendant went downstairs to meet the police officer and told the officer that everything was okay, but the plaintiff came downstairs and told the officer that everything was not okay. The police officer suggested that the plaintiff leave the residence for her own safety, and transported her to her friend's home. The plaintiff sustained bruising about her leg as a result of this incident. c) On or about October 1, 1997, the defendant asked the plaintiff, "Where the fuck are you going?" When the plaintiff told him she was going to dinner with her friend, he said, "You're not going any-fucking-where." He grabbed her purse, dumped the contents onto the bed, took her keys, and refused to give the keys to her telling her that she was not going anywhere. The plaintiff telephoned 911 for help, but the defendant grabbed the telephone from her, hung up the receiver, pushed her in the chest causing her to fall onto the bed, straddled her and pressed his forearm across her chest pinning her to the bed. The 911 dispatcher called back and spoke with the defendant, who was still ontop of the plaintiff as he spoke to the dispatcher. The defendant told the dispatcher that everything was okay, but the dispatcher wanted to speak to the plaintiff. As the defendant handed the telephone to the plaintiff, he glared at her and reached his hand to her neck in a manner that caused her to fear that he would choke her if she said she was in danger. Fearing for her safety, the plaintiff told the dispatcher that there was no problem. d) Since approximately 1987, the defendant has abused the plaintiff in ways including, but not limited to, pushing her about, grabbing her by the arms, restraining her from leaving the house, monitoring her whereabouts and telephone calls, and restricting her from contact with her family and friends. In addition, the defendant has threatened to kill the plaintiff with a gun, has threatened suicide with a gun, and has threatened to kill the plaintiff and himself with a gun. In or about 1991, the defendant twisted the plaintiff's finger so severely that she could not bend it. The plaintiff sought medical attention at the Carlisle Hospital Emergency Room for treatment of her injury. She sustained swelling, bruising, and soreness about her finger as a result of this incident. In or about 1987, the defendant threw the plaintiff down a flight of stairs, stood looking down at her from the landing as she lay injured on the floor below, and walked away. The plaintiff sought medical treatment at the Carlisle Hospital Emergency Room for injuries she sustained to her back as a result of this incident. 6. On or about October 13, 1997, the plaintiff left her residence at 20 Moongale Drive, Carlisle, Cumberland County, Pennsylvania, in order to avoid further abuse. 7. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should she return to the home without the defendant's exclusion and that she is in need of protection from such abuse. 8. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 9. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing her relatives. The plaintiff desires that the defendant be restrained from entering her place of 10. employment. 11. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff. 12. The plaintiff desires that any weapons the defendant owns or possesses (.22 handgun, 44 magnum handgun, and approximately 9-12 dries and/or shotguns) be confiscated by the Sheriffs Department and that the defendant be prohibited from acquiring or possessing any weapons for the duration of the Temporary Protection Order. B. EXCLUSIVE POSSESSION 13. The home from which the plaintiff is asking the Court to exclude the defendant at 20 Moongale Drive, Carlisle, Cumberland County, Pennsylvania, is owned in the name of Kathy Ann Failor. 14. The plaintiff currently has no place to stay except the marital home, and the defendant has family and friends in the area with whom he can stay. 16. The plaintiff desires the defendant to provide suitable alternate housing for her. C. SUPPORT 17. The defendant has a duty to support the plaintiff. 18. The plaintiff is in need of financial support from the defendant including, but not limited to: continued health insurance coverage, payment of unreimbursed medical expenses for herself and the mortgage payment on the residence at 20 Moongale Drive, Carlisle, Cumberland County, Pennsylvania. 19. The defendant is employed at Frog Switch Manufacturing on East High Street in Carlisle, and earns approximately $14.50 per hour and works 40 hours per week. In addition, the defendant owns and operates heavy equipment charging approximately $45.00 per hour and works a minimum of 6 hours each week operating the equipment. 20. The plaintiff's income is insufficient to provide for her minimal needs until such time as a support order can be obtained by filing at the Domestic Relations Office. 21. The plaintiff intends to petition for support within two weeks of the issuance of a protection order. D. REIMBURSEMENT FOR COST OF CASE 23. The plaintiff asks that the defendant be ordered to pay $250.00 to Cumberland County, one of Legal Services, Inc.'s funding sources as reimbursement for the cost of litigating this case, and that the defendant be assessed the $25.00 surcharge and any court costs if the case goes to heating. WHEREFORE, pursuant to the provisions of the "Protection fi.om Abuse Act" of October 7, 1976, 23 P.S. §6101 et seq., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Act:" Grant a Temporary Order pursuant to the "Protection from Abuse 1. Ordering the defendant to refrain fi.om abusing the plaintiff or fi.om placing her in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives. 4. Prohibiting the defendant fi.om entering the plaintiffs place of employment. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff. 6. Granting possession of the home located at 20 Moongale Drive, Carlisle, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant, and ordering the defendant to stay away from any residence the plaintiff may establish for herself pending a final order in this matter. 7. Ordering the defendant to provide suitable alternate housing for the plaintiff. 8. Ordering the defendant to relinquish to the sheriffs department any weapons which he owns or possesses (.22 handgun, .44 magnum handgun, and 9-12 rifles and/or shotguns), and prohibiting the defendant from acquiring or possessing any weapons for the duration of the Temporary Protection Order. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act,'* and, after such hearing, enter an order to be in effect for a period of one year: 1. Ordering the defendant to refrain from abusing the plaintiff or from placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaimiff including, but not limited to, telephone and written communications. 3. Ordering the defendant to retrain fi'om harassing and stalking the plaintiff and from harassing her relatives. 4. Prohibiting the defendant from entering the plaintiffs place of employment. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff. 6. Granting possession of the home located at 20 Moongnle Drive, Carlisle, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant, and ordering the defendant to stay away from any residence the plaintiff may establish for herself for the duration of the Protection Order. 7. Ordering the defendant to provide suitable alternate housing for the plalmiff. 8. Ordering the defendant to relinquish to the sheriffs department any weapons which he owns or possesses (.22 handgun, .44 magnum handgun, and 9-12 dries and/or shotguns), and prohibiting the defendant from acquiring or possessing any weapons for the duration of the Protection Order. 9. Granting support to the plaintiff in the amount of $165.00 per week payable to the plaintiff in the form of a check or money order, mailed to her mailing address; ordering the defendant to maintain health coverage to the plaintiff, ordering the defendant to pay all of the unreimbursed medical expenses of the plaintiffto the provider or to the plaintiffwhen she has paid for the medical treatment, and ordering the defendant to make mortgage payments on the residence of the plaintiff. 10. Ordering the defend_snt to pay $250.00 to Cumberland County, one of Legal Services, Inc.'s funding sources as reimbursement for the cost of litigating this case, and assessing the $25.00 surcharge and court costs to the defendant if the case goes to hearing. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the heating, and that a certified copy/certified copies of this Petition and Order be delivered to the North Middleton Township Police Department, Carlisle Barracks Military Police, and the Carlisle Police Department which have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, LEGAL SE~IC~S, 8 Irv~ne Row Carlisle, PA 17013 (717) 243-9400 The above-named plaintiff, Kathy Ann Failor, verifies that the statements made in the above Petition are tree and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: ~'~/,31~. l~o~ t qq q Kathy"Knn"A'-r,"Plaintiff ..< KATHY ANN FAll.OR, Plaintiff JOHN EDWARD FAll.OR, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97-5719 CIVIL TERk~ : PROTECTION FROM ABUSE O_TECTION_ O RDER AND NOW, this~__~ day of November, 1997, upon consideration of the Consent Agreement of the panics, the following Order is entere& 1. The defendant, John Edward Failor, S~,, is enjoined frown phys~call~ ab~ing ~he plaintiff, Kathy Ann Failor, or from placing her in fear ~f abuse. 2. The defendant is enjoined from having an~/ direct or indirect 4~ontact wit~ the plaintiff including, but not limited to, telephone and written communications. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing her relatives. 4. The defendant is prohibited from entering the plaintitT~ t~lace of employment. 5. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties. In addition, the defendant shall remm to the plaint jif, in good working order/condition, items i~cluding, but not lin~ted to, the following: the 1979 Chevrolet pick-up truck, all her pe~son~tl ~lothing and effects, P, lcSimile (FAX} machine, eleetd~ typewriter, and portable telephtll~. The partie~ sh011 exch~tnge their clothing attd personal belongings, including those listed above, through a mutually al~ upon third party. 6. The defendant shall stay away from any residue the plaintiff establish~ ¢o? herself in the future. Pursuant toXhis COurt's Order entered after hearing on October 23, 199~/, the defendant is excluded from the marital residence located at 20 Moongale Drive, Caditl~, Cumberland County, Pennsylvania. 7. The defendant shall relinquish to the sheriffs department any and ail weapons which he owns or possesses (.25 automatic and .44 magnum handguns, and shotguns and riries), the weapons shall remain in the custody of the Cumberiand County SheriWs Department for the duration of the Protection Order, and the defendant shall not acquire or possess any weapons for the term of the Protection Order. 8. Court costs and fees are waived. 9. This Order shall remain in effect for a period of one (1) year and can be extended beyond that tune if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. This Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 10. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. §6113; ii) a private criminai complaint under 23 Pa.C.S. §6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. §6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. §6114.1. 11. The North Middleton Township Police Department shall be provided with a certified copy of this Order by the plaintiffs attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. §6113). By the Hoffer, Judge Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff John H. Broujos BROUJOS & GILROY Attorney for Defendant KATHY ANN FAIl ~OR, Plaintiff JOHN EDWARD FAILOR, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97-5719 CIVIL TERM · PROTECTION FROM ABUSE CONSENT AGREEMENT This Agreement is entered on this ~ day of November, 1997, by the plaintiff, Kathy Ann Failor, and the defendant, John Edward Failor, Sr. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is represented by John H. Broujos of BROUJOS & GILROY. The parties agree that the following may be entered as an Order of Court. 1. The defendant, John Edward Failor, Sr., agrees to refrain from abusing the plaintiff, Kathy Ann Failor, or from placing her in fear of abuse· 2. The defendant agrees not to have any direct or indirect comact with the plaimiff including, but not limited to, telephone and written communications. 3. The defendant agrees not to harass and stalk the plaintiff and not to harass the plaintiffs relatives. 4. The defendant agrees not to enter the plaintiff's place of employment. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties. In addition, the defendant agrees to return to the plaintiff, in good working order/condition, items including, but not limited to, the following: the 1979 Chevrolet pick-up track, all her personal clothing and effects, facsimile (FAX) machine, electric typewriter, and portable telephone. The parties agree to exchange their clothing and personal belongings, including those listed above, through a mutually agreed upon third party. 6. The defendant agrees to stay away from any residence the plaintiff establishes for herself in the future. Pursuant to this Court's Order entered after hearing on October 23, 1997, the defendant is excluded from the marital residence located at 20 Moongale Drive, Carlisle, Cumberland County, Pennsylvania. 7. The defendant agrees to relinquish to the sheriffs department any and all weapons which he owns or possesses (.25 automatic and .44 magnum handguns, and shotguns and rifles), agrees that the weapons remain in the custody of the Cumberland County Sheriff's Department for the duration of the Protection Order, and agrees not to acquire or possess any weapons for the term of the Protection Order. 8. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 9. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one (1) year and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 10. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa.C.S. §6113; ii) a private criminal complaint under 23 Pa.C.S. §6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. §6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. §6114.1. WHEREFORE, the parties request that a Protection Order be entered to reflect the above te~i~s. LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 4 North Hanover Street Carlisle, PA 17013 (717) 2434574 SHERIFF'S RETURN CASE NO: 1997-©5719 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FAILOR KATHY ANN VS, FAILOR JOHN EDWARD SR REGULAR TREVOR KENT ., Sheriff or Deputy Sheriff of CUMBERLAND Counfy, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon FAILOR JOHN EDWARD SR the defendant,, at 1645:0~ HOURS, on the 17th day o£ October 1997 at 20 MOONGALE DRIVE ~ARLISLE,. PA 17013 , CUMBERLAND County, Pennsylvania, by handing to .JOHN E, FAILOR SR. a true arid attested copy of the PROTECTION FROM ABUSE together with TEMPORARY PROTECTION ORDER' NOTICE AN[, PETITION and at the same time directing Ris attention to the contents ther'eof, Sheriff's Costs: Docketing Service Affidavit Surcharge $23,1~ So answers: 0~/®0/0000 by Deputy Sheriff %worn arid ~uDscribed to before me [ rothonotar y KATHY ANN FAILOR, Plaintiff VS JOHN EDWARD FAILOR, SR,, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-5719 CIVIL TERM : : PROTECTION FROM ABUSE IN RE: PROTECTION FROM ABUSF ORDER OF COURT AND NOW, October 23, 1997, 10:24 a.m., the parties having appeared in open court together with personal counsel, and the defendant having generally agreed to the entry of o consent order on the PFA petition, without admission of prior wrongdoing in accordance with the Act, the court directs counsel to prepare and present to the court on appropriate consent order slgned by the parties. Although the defendant has agreed to o general consent order, both parties contest the right to exclusive possession of the home. Testimony was presented to the court on this issue, and after hearing and consideration of the testimony presented we direct that the wife shall have exclusive possession of the home and that the husband is excluded from the home at 20 Moongole Drive, Carlisle. Joan Carey, Esquire Legal Services, Inc. 8 Irvine Row Carlisle, Pa. 17013 For the Plaintiff By the Court, John H. Broujos, Esquire L~ North Hanover Street Carlisle, Po. 17013 For the Defendant KATHY ANN FAILOR V= JOHN EDWARD FAILOR, SR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97-5867 CIVIL TERM / NO. 97-5719 CIVIL TERM ORDER OF COURT AND NOW, January 11, 1999, the parties having reached an agreement, the court does accept their agreement and will be issuing an order below. The court held a hearing today on the wife's request that we hold the husband in contempt for dissipating various of the marital assets, in contravention of a prior order prohibiting dissipation. The wife presented her case and rested; defendant asked for a recess before presenting any testimony. After the court reconvened, the attomeys announced to the court that the parties had reached an agreement, and the court accepts that agreement and orders and directs as follows: 1. Defendant is in contempt of the court order of November 19, 1997, in that he sold marital property; 2. Defendant shall pay fees of the plaintiff's attomey in the amount of $600 within thirty days of the date of this order; 3. The provision in the order of November 19, 1997 prohibiting sale, dissipation, removal, damage or destruction of marital property until further order is continued in full force and effect; 4. Defendant shall answer and file a response to the request for production of documents propounded by plaintiff, and completion of answers to plaintiffs interrogatories within two weeks of the date of the agreement; ,5. Defendant shall appraise the vehicles and equipment to which he has access set forth in defendant's Exhibit 3, in paragraphs 2 through 5, within two weeks of the date of this order; 6. Title to vehicles replacing marital property vehicles and equipment shall be placed in escrow with defendant's attorney, along with titles to any madtal vehicles or equipment in his possession with defendant's attorney. 7. In regard to the weapons seized by the Sheriff, under the PFA caption above, and pursuant to the order of court authorizing same, the court notes that the PFA order has expired. We direct that the Shedff surrender these guns to the wife so that she can obtain an appraisal of their value for marital property purposes and retain them until further order of court. Carol Lindsay, Esquire For the Plaintiff John Broujos, Esquire For the Defendant Shedff By the Court, Po J, KATHY ANN FAILOR, Plaintiff/Petitioner VS. JOHN EDWARD FAILOR, SR., Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 97- 5719 CIVIL TERM PROTECTION FROM ABUSE /__ORDER OF COURT AND now this day of December, 1998, upon consideration of the within Petition for Finding of Contempt and Sanctions, a Rule is issued upon the Respondent to show cause why he should not be held in contempt of the Court's Order of November 19, 1997, and ordered to provide documentation of the price received for the sale of the beer tap, the Chevrolet truck, the Ford Dump Truck, the BaCk Hoe with Low-Boy Trailer, the boat and the trailer, and why he should not be ordered to disgorge the proceeds of sale into an escrow account in the offices of Flower, Morgenthal, Flower & Lindsay, P.C. pending equitable distribution, and why he should not be ordered to pay Petitioner reasonable counsel fees. RULE returnable Pennsylvania, at at a hearing set for the ,~ C) 7~ day of , 1999, in Court Room No. 3 of the Court House at Carlisle, o'clock, ~ . m. PENDING the hearing, Respondent is prohibited from removing, damaging, destroying, selling or dissipating any item of personal or real property owned by the Plaintiff or jointly owned by the parties. failor -- Petition fo[ finding of contempt and sanctions Decem'ber 9, i998 KATHY ANN FAILOR, Plaintiff/Petitioner VS. JOHN EDWARD FAILOR, SR., Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 97 - 5719 CIVIL TERM PROTECTION FROM ABUSE PETITION FOR FINDING OF CONTEMPT AND SANCTIONS NOW comes KATHY ANN FAILOR, Plaintiff above, by and through her counsel, FLOWER, MORGENTHAL, FLOWER & LINDSAY, P.C., and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on November 23, 1985. 2. Petitioner filed a Petition for Protection from Abuse on October 17, 1997 and a Temporary Protection Order was entered. 3. On November 19, 1997, pursuant to a Consent Agreement of the parties, this Honorable Court entered a Protection Order. ^ copy of the November 19, 1997 Protection Order is attached hereto as Exhibit "A". 4. Paragraph 5 of the Protection Order states, "The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties." 5. On or about November 18, 1997, counsel for Petitioner advised Respondent's counsel that she had learned that Respondent had sold a small item of personal property, a beer failor -- Petition fo~ finding of contempt and sanctions Decem~3er 9, i998 tap. A copy of the letter reminding Respondent of his obligations under the Court's Order is attached hereto as Exhibit "B". 6. Since November 19, 1997 and before November 19, 1998, Petitioner has learned that Respondent has sold a 1979 Chevrolet truck, to Joe Ruda for an unknown sum. 7. In the same pedod of time, Respondent has sold a Ford Dump truck to Kerry Ruda for an estimated $2,500.00. 8. During the same period of time, Respondent has sold a Back Hoe with Low-Boy Trailer to Art Shorz for approximately $3,700.00. 9. During the same period of time, Respondent has sold the boat and trailer to Tammy Trayer. He also sold to her a bedroom suit. 10. Upon information and belief, the sale of all of the property set out above was accomplished before November 19, 1998, the date upon which the Protection Order expired. 11. Petitioner has incurred attorney's fees in the filing of this action to enforce the Court's Protection Order. WHEREFORE, Petitioner prays this Honorable Court to enter a Rule upon Respondent to show cause why he should not be held in contempt of the Court's Order of November 19, 1997, and why he should not be required to produce any and all documentation of the sale of the personalty described above, and why he should not be ordered to disgorge the proceeds of sale and to place them in an escrow account in the office of Flower, Morgenthal, Flower & Lindsay, P.C. pending equitable distribution, and why he should not be held in contempt of court and 2 failor -- Petition fo[' finding of contempt and sanctions December 9, ;1998 ordered to pay Petitioner's reasonable attorney's fees, and such other sanction as the Court deems right and just. FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C. Attorneys for Plaintiff/Petitioner Date: By: Carol J. Linds~y ID #44693 ~ 11 East High Street Carlisle, PA 17013 (717) 243-5513 failor -- Petltion fo~ finding of contempt and sanctions December 9, 1998 VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ~ ~ Kathy A. Failor Date: J~,-'(~-~ 4 failor -- Petition fo~ finding of contempt and sanctions December 9, 1998 KATHY ANN FAILOR, Plaintiff/Petitioner VS. JOHN EDWARD FAILOR, SR., Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 97- 5719 CIVIL TERM PROTECTION FROM ABUSE CERTIFICATE O~F SERVICE AND now, this /~/~ day o~ , 199~__, I, Carol J. Lindsay, Esquire, of the law firm of FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys, hereby certify that I served the within Petition for Finding of Contempt and Sanctions this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed' to: John H. Broujos, Esquire BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, PA 17013 FLOWER, MORGENTHAL FLOWER & LINDSAY Attorneys for Plaintiff 11 East High Street Carlisle, PA 17013 (717) 243-5513 EXHIBIT "A" ]. KATHY ANN FAILOR, Plaintiff JOHN EDWARD FAll.OR, SR., Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 97-5719 CIVIL TERM · PROTECTION FROM ABUSE PROTECTION ORDER AND NOW, this I q~t/~day of November, 1997, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, John Edward Failor, Sr., is enjoined from physically abusing the plaimiff, Kathy Ann Failor, or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect comact with the plaintiff including, but not limited to, telephone and written communications. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing her relatives. 4. The defendant is prohibited from entering the plaintiffs place of employment. 5. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties. In addition, the defendant shall return to the plaintiff, in good working order/condition, items including, but not limited to, the following: the 1979 Chevrolet pick-up track, all her personal clothing and effects, facsimile (FAX) machine, electric typewriter, and portable telephone. The parties shall exchange their clothing and personal belongings, including those listed above, through a mutually agreed upon third party. 6. The defendant shall stay away from any residence the plaintiff establishes for herself in the future. Pursuant to this Court's Order emered after hearing on October 23, 1997, the defendant is excluded from the marital residence located at 20 Moongale Drive, Carlisle, Cumberland County, Pennsylvania. 7. The defendant shall relinquish to the sheriffs department any and all weapons which he owns or possesses (.25 automatic and .44 magnum handguns, and shotguns and rifles), the weapons shall remain in the custody of the Cumberland County Sheriff's Department for the duration of the Protection Order, and the defendant shall not acquire or possess any weapons for the term of the Protection Order. 8. Court costs and fees are waived. 9. This Order shall remain in effect for a period of one (1) year and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. This Order shall be enforceable in the same manner as the Court°s prior Temporary Protection Order entered in this case. 10. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. §6113; ii) a private criminal complaint under 23 Pa.C.S. §6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. §6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. §6114.1. 11. The North Middleton Township Police Department shall be provided with a certified copy of this Order by the plaintit~s attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. §6113). By the Court, George E. Hoffer, Judge Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff John H. Broujos BROUJOS & GILROY Attorney for Defendant TRUE COPY FROM RECORD In Testimon,/whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa, Thi, ..... ~...?.~.. day or.....':-~.~:.:.., 19_.?..7 _ ....... ........... c~a~' Prothonotary EXHIBIT ""B'" LAW OFFICES~ ~ FLOWER, MORGENTHAL, FLOWER & LINDSA~Y~ ~ A P~OFES$1ONAL CORPORATION 11 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013-3016 JAMES D. FLOWER ROGER M. MORG~ JAMES D. FLOWER, JR. CAROL J. LINDSAY (717) 243-5513 FAX: (71'0 243-6510 E-mail: FMFL Law~aol.com November 18, 1997 BIETSCH & MORGENTHAL FLOWER, KRAMER MORGENTHAL & FLOWER O~-i~v2) John H. Broujos, Esquire BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, PA 17013 RE: Failor v. Failor No. 97-5867 Civil Term Dear John: I do not wish to inflame matters, but my client called to tell that she understands that Mr. Failor sold one of the items of personal property, a beer tap, which he was ordered by the Consent Agreement of October 23, 1997, an Agreement I assume is an Order of Court, not to sell. Please review with him Paragraph 5 of the Agreemnet. He sold the beer tap to Jim Neidigh, his friend, for less than fair market value. Mr. Failor needs to understand that he is not privileged to dissipate marital property. My client has asked me to file a Petition for Contempt. I have some hope of not inflaming matters pending settlement. Nevertheless, I need to know from you that the beer tap has been returned to Mr. Failor's possession and the consideration, such as it was, returned to Mr. Neidigh. I can tell you, however, that we will enforce the Order and seek attorney's fees for doing so, if Mr. Failor fails to abide by its terms. Very truly yours, FLOWER, MORGENTHAL, FLOWER & LINDSAY, P.C. CJL\tjb cc: Kathy Ann Failor File #5467-97-01 Carol J. Lindsay KATHY ANN FAILOR Plaintiff/Petitioner PENNSYLVANIA VS. JOHN EDWARD FAILOR, SR. Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : CIVIL ACTION - DIVORCE : : NO. 97-5719 CIVIL TERM : : PROTECTION FROM ABUSE ANSWER Of RESPONDENT TO PETITION FOR FINDING OF CONTEMPT AND SANCTIONS John Edward Failor, Sr., through his attorney Broujos & Gilroy, P.C. sets forth the following: ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted that Respondent sold a beer tap. The beer tap was sold on or about August or September of 1997, prior to the date of entry of the order of November 1997. 6. Admitted that Respondent sold a 1979 Chevrolet truck to Joe Ruda for the sum of $1,500.00 during said period. However, the $1,500.00 sale price was immediately used to purchase a 1985 Chevrolet four-wheel drive pickup with a snowplow attached for $2,000.00. This truck is still owned by Respondent and to the extent of $1,500.00 constitutes marital property and is preserved. 7. Admitted. The proceeds of $2,500.00 were used for the purchase of a 1971 Ford dump truck for the sum of $4,000.00, which dump truck is still in his possession and to the extent of $2,500.00 constitutes marital property and is preserved. 8. Admitted that Respondent sold a backhoe with low Low-Boy trailer to Art Swartz for a total purchase price of $6,300.00, of which $3,700.00 was a down payment, with a balance due of $2,600.00. The proceeds of the down payment of $3,700.00 were applied to the purchase of a Case backhoe for $7,000.00, and the subsequently purchased backhoe constitutes marital property and is preserved. The backhoe with Low-Boy trailer attached is still in the possession of Respondent, located in the parking area of Frog and Switch, which is usedby Respondent by permission. 9. Admitted that Respondent sold a trailer to Tammy Trayer in October or November of 1998 for $3,500.00. He immediately purchased another boat and trailer for $3,500.00, which is located at the rental property of Respondent at 209 Echo Road, Carlisle, Pennsylvania 17013. The purchased boat and trailer constitutes marital property and is preserved. The boat was not transferred because it requires a signature of both Petitioner and Respondent and is located at the residence ofTammy Trayer at Trayer Lane, Carlisle, Pennsylvania 17013 and constitutes marital property, estimated at the value of $3,500.00. 10. Admitted. 11. Denied. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the troth of the averment. Proof is demanded. NEW MATTER 12. Petitioner in writing or verbally consented to the sale of all or most of the items. In all of the items, the net value of the marital assets as of date of the order of November 1997 still exists and is preserved in the item substituted in value for the sale prices as set forth in the above paragraphs. 13. Prior to filing the Petition for Finding of Contempt and Sanctions, Petitioner failed to advise Respondent of the information set forth in the above averments of Petitioner, with the exception of paragraph 5. Since value has been preserved, Petitioner is not entitled to counsel fees for filing of the action, which could have been resolved by discussion and settlement, based upon the value of the assets as preserved. 14. During the protracted period of the divorce proceedings and negotiations with respect to marital property and equitable distribution, the above items were lying fallow in the fields and backyards and deteriorating. The sale of these items actually preserved the marital property values, as set forth in the above answers, without harm to the Petitioner. COUNTERCLAIM 15. Respondent had a storage shed at Priceless Storage Shed of Longs Gap Road and Route 34, containing substantial amounts of marital property consisting of thousands of dollars of value, properly secured and preserved by two locks for eventual equitable distribution. 16. On or about February 28, 1998 Petitioner went to the storage shed, rented in the name of Respondent only, cut the locks, and removed the contents without permission. 17. When a report was made to the North Middleton police, through Officer Stum, Petitioner when confronted by Officer Stum admitted to taking the marital property for the'purpose of having it appraised. No appraisal has been made. Respondent requests the court to instruct and direct Petitioner to identify the location of the contents of the storage shed and to account therefore. 18. Although the protection order filed by the Petitioner stated only that the Defendant was prohibited fi.om "removing" property owned by the parties, Petitioner had no right to use self help including force of this nature to obtain marital property. Respondent suggests to the court that the method of resolution is to have the parties resolve this within the framework of the equitable distribution proceedings of the Divorce Code and to this end for Petitioner to supply the appraisal, which she had promised but never produced. WHEREFORE, Petitioner prays the court to dismiss the Petition. December 29, 1998 4 North Hanover Street Carlisle, PA 17013 717-243-4574 717-766-1690 FAX: 717-243-8227 I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unswom falsification to authorities. KATHY ANN FAILOR Plaintiff/Petitioner VS. JOHN EDWARD FAILOR, SR. Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE : : NO. 97-5719 CIVIL TERM : : PROTECTION FROM ABUSE CERTIFICATE OF SERVICE AND now, this 29~ day of December, 1998, I, John H. Broujos, Esquire of the law finn ofBroujos & Gilroy, P.C., hereby certify that I served the within Answer Of Respondent To Petition For Finding Of Contempt And Sanctions this day by hand-delivering the same to: Carol J. Lindsay, Esquire Flower, Morganthal, Flower & Lindsay 11 East High Street Carlisle, PA 17013 BROUJO: & GILROY, P.C. ~#~ire 6268 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 KATHY ANN FAILOR JOHN EDWARD FAILOR, SR. ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-5719 CIVIL TERM """ NO. 97-5867 CIVIL TERM : AND NOW, December 29, 1998, at the request of the defendant, the hearing of December 30, 1998, is continued to Monday, January 11, 1999, at 1:30 p.m. In the meantime, defense counsel promises the Court that he will obtain appraisals of the subject property (as mentioned in Plaintiff's petition), and will give the location of the property, including even properties sold, so that Plaintiff can obtain her own appraisal where she deems necessary, to obtained by January 8, 1999. Both parties are cautioned not to remove, damage, destroy, sell or dissipate any item of personal or real property owned by the parties or jointly owned by the parties. Defense counsel is directed to answer all discovery requests by January 8, 1999· Carol Lindsay, Esquire John Broujos, Esquire By the Court, P,J. S~ :~ t'!~ 6~ 3Sd ,96 KATHY ANN FAILOR Plaintiff VS. JOHN EDWARD FAILOR, SR. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE : : NO. 97-5719 CIVIL TERM : : PROTECTION FROM ABUSE : Judge Hoffer PETITION FOR RELEASE OF PROPERTY Petitioner John E. Failor, Sr., through his attorney Broujos & Gilroy, sets forth the following: 1. On November 19, 1997, the Court issued a PFA Order by consent of parties, which in paragraph 7 contained a provision for deposit of firearms with the Sheriff of Cumberland County for the duration of the Order. Copy of Order is attached. 2. The weapons listed were so deposited. 3. The Order expired. 4. The Sheriffrequires an order directing release of the weapons to the Petitioner. WHEREFORE, Respondent requests the Court to issue an Order directing the release of the weapons to Respondent. December 31, 1998 l~e? ee~/~ subm~ JohnlH. Broujos, Esquire ".6ttoPney I.D. No. 06268 4'North Hanover Street Carlisle, PA 17013 I verify that the statements made in this pleading are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: 'ohn E. Failor, Sr. KATHY ANN FAILOR, Plaintiff JOHN EDWARD FAIl.OIL SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-5719 CIVIL TERM PROTECTION FROM ABUSE PROTECTION ORDER AND NOW, this _~_~day of November, 1997, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, John Edward Failor, Sr., is enjoined from physically abusing the plaintiff, Kathy Ann Failor, or from p~cing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing her relatives. 4. The defendant is prohibited from entering the plaintiffs place of employment. $. The defendant is prohibked from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties. In addition, the defendant shall return to the plaintiff, in good working order/condition, items including, but not limited to, the following: the 1979 Chevrolet pick-up truck, all her personal clothing and effects, facsimile (FAX) machine, electric typewriter, and portable telephone. The parties shall exchange their clothing and personal belongings, including those listed above, through a mutually agreed upon third party. 6. The defendant shall stay away from any residence the plaintiff establishes for herself in the futare. Pursuant to this Court's Order entered after hearing on October 23, 1997, the defendant is excluded from the marital residence located at 20 Moongale Drive, Carlisle, Cumberland County, Pennsylvania. 7. The defendant shall relinquish to the sheriff's department any and all weapons which he owns or possesses (.25 automatic and .44 magnum handguns, and shotguns and rifles), the weapons shall remain in the custody of the Cumberland County Sheriff's Department for the duration of the Protection Order, and the defendant shall not acquire or possess any weapons for the term oftbe Protection Order. 8. Court costs and fees are waived. 9. This Order shall remain in effect for a period of one (1) '/ear and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. This Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 10. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. §6113; ii) a private criminal complaint under 23 Pa.C.S. §6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. §6114, punishable by imprisonment up to six months and a fine of' $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. §6114.1. 11. The North Middleton Township Police Department shall be provided with a certified copy of this Order by the plaintiffs attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. §6113). By the Court, ° Geor'g[ E. Hoffer, Judge Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff John H. Broujos BROUJOS & GILROY Attorney for Defendant TRUE COPY FROM RECORD In T~stimony whereof, I h~re unto set my hand and the seal of said Court at Carlisle, Pa. This ../.~.'.'~...... day of '~-J~o-. ................ .......... ~ Prothonotary KATHY ANN FAILOR, Plaintiff VS. JOHN EDWARD FAILOR, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - DIVORCE : NO. 97-5719 ClVlL TERM ,, _. ORDER OF COURT And now this ~/1//¢' ~' day of February, 1999, upon consideration of the within Petition of Contempt, a rule is issued upon the Respondent, John Edward Failor, Sr., to show cause why he should not be held in contempt of the Court's Order and why the relief requested should not be granted. RULE returnable at a hearing set for the ,_~1 ~ ~ day of , 1999 in Court Room No.,..~ of the Court House at Carlisle, Pennsylvania, at /:..CD o'clock, 7,0_. U. BY THE COURT: KATHY ANN FAILOR, Plaintiff VS. JOHN EDWARD FAILOR, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : · .' CIVIL ACTION - DIVORCE : NO. 97-5719 CIVIL TERM : PETITION FOR CONTEMPT NOW COMES KATHY ANN FAILOR. Plaintiff above, by and through her counsel, FLOWER, MORGENTHAL, FLOWER & LINDSAY and petitions This Honorable Court as follows: 1. The parties hereto are Husband and Wife and were before This Honorable Court on January 11th, 1999 on a Petition filed by Plaintiff to have the Defendant held in contempt on a nondissipation order. 2. On January 11th, 1999, This Honorable Court entered an Order on the agreement of the parties according to the terms of which Defendant was found to be in contempt of court, ordered to pay attorneys' fees within thirty (30) days, prohibited from further dissipation of any marital asset, ordered to file within two (2) weeks a response to the Request for Production of Documents, ordered to obtain an appraisal of vehicles within his control and ordered to produce a title to the vehicles to be held in escrow with his attorney pending equitable distribution. A copy of the Court's Order of January 11th, 1999 is attached hereto as Exhibit "A". 3. Respondent has failed or refused to comply With the Court's Order of January 11th, 1999 in the following particulars: a. Respondent has not paid Plaintiff's attorney $600.00 within thirty (30) days pursuant to paragraph (2) of the Order. b. Respondent has failed to answer in a file a response to the Request for Production of Documents within two weeks of the date of the Order and to complete the answers to Interrogatories within the same period of time. c. Respondent has failed to provide an appraisal for the vehicles and equipment to which he has access as set forth in Exhibit "3", paragraph 2 through 5 entered into evidence at the hearing On January 11th, 1999 within two weeks of the date of that Order. d. Respondent has failed or refused to provide the title to the vehicles he purchased replacing marital property along with titles to any marital vehicles or equipment with his attorney. 4. Petitioner seeks contempt of Respondent, but also seeks the information necessary to provide full and fair disclosure for equitable distribution. Because the information provided by Respondent continues to be incomplete, evasive and inadequate, Petitioner will be required to depose the Respondent in order to get statements under oath which have not been provided in any other manner. WHEREFORE, Petitioner prays This Honorable Court to hold the Respondent in contempt of court, to order Respondent to pay attorneys' fees incurred subsequent to the January 11th, 1999 hearing in an attempt to obtain discovery and, to order the Respondent to pay the costs of his deposition including a copy of the transcript. FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys for Plaintiff Date: 11 East High Street Carlisle, PA 17013 (717) 243-5513 KATHY ANN FAILOR, Plaintiff VS, JOHN EDWARD FAILOR, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 97-5719 CIVIL TERM CERTIFICATE OF SERVICE AND now, this ~"~day of February, 1999, I, Carol J. Lindsay, Esquire, of the law firm of FLOWER, MORGENTHAL FLOWER & LINDSAY Attorneys, hereby certify that I served the within Petition for Contempt this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: John H. Broujos, Esquire BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, PA 17013 Date: FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys for Plaintiff 11 East High Street Carlisle, PA 17013 (717) 243-5513 KATHY ANN FAILOR, Plaintiff VS, JOHN EDWARD FAILOR, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - DIVORCE : NO. 97-5719 CIVIL TERM . . VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. {}4904, relating to unsworn falsification to authorities. Carol J. Date: KATHY ANN FAILOR, Plaintiff, V. JOHN E. FAILOR, SR., Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-5867 CIVIL TERM NO. 97-5719 CIVIL TERM ORDER OF COURT AND NOW, this ~/~, day of ~[~..~, 1999 upon consideration of the request of the parties, the hearing sch(~',~ed for March 31, 1999, on the Petition for Contem~tflled by the Plaintiff on the above captioned case is continued to the ~ day of ~'~f~C~F.-~---~'-- ,1999 in Courtroom #3 of the Courthouse of Carlisle, Pennsylvania at By the Court, PJ KATHY ANN FAILOR JOHN EDWARD FAILOR, SR. · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-5867 CIVIL TERM / NO. 97-5719 CIVIL TERM ORDER OF COURT AND NOW, June 2, 1999, headng in the above matter having been set for this date, and plaintiff and plaintiff's counsel having failed to appear, hearing is now set for MONDAY, AUGUST 23, 1999, AT 9:30 A.M. IN COURTROOM NO. 3. By the Court, Carol Lindsay, Esquire For the Plaintiff John E. Failor, Sr., pro se 209 Echo Road Carlisle, PA 17013 FRDG ','Ii i THE FROG, SWITCH & MANUFACTURING CO. P.O. Box 70 · Carlisle, PA 17013 · (717) 243-2454 · FAX (717) 243-1385 October 22, 1997 To Whom It May Concern: John Failor has been off work for sickness and during that time he will receive $260.00 per week beginning on the 8th day of illness. sincerely, /~Human Re~_o_'ulrces Manager LAW OFFICES FLOWER, FLOWER & LINDSAY A PROFESSIONAL CORPOKAT[ON 11 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013-3016 JAMES D. FLOWER JAMES D. FLOWER, JR. CAROL J. LINDSAY (717) 243-5513 FAX: (717) 243-6510 FFLEsq~aol.com June 4,1999 The Honorable George E. H~~'~'''~~ CUMBERLAND COUNTY~IURT HOUSE One Courthouse Squa~ Carlisle, PA 17013 ~ [ RE: Failorv. Failor k No. 97 - 5719 CIVIL TERM Dear Judge Hoffer: ~ This letter is in apology ~y not appeari~on June 2,1999 for the scheduled headng on contempt of cou e court for rescheduling the headng. I was scheduled for the second of a two-day headng before the Divorce Master on June 2r~, and had had to continue another matter which had also been scheduled for the morning of the same day. When I successfully concluded that, I had believed I had cleared my calendar, not realizing that I had to clear the Failor matter as well. I apologize for the inconvenience to the court. The foregoing is an explanation, not an excuse. I content myself to say that I do not recollect this ever occurring before in my practice, and I regret it occurred in your court room. Very truly yours, FLOWER, FLOW/F~ & LINDSAY, P.C. CJL/tjb LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 Fax (717) 243-8026 West Shore (717) 766-8475 January 8, 1999 (717) The Honorable George E. Hoffer Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17113 Re: Failor v. Failor No. 97-5719 Protection from Abuse Response to Request for Remm of Weapons Dear Judge Hoffer: Pursuant to your contacting me as to the defendant's request for the return of his weapons, I contacted my client as to her response. She has concerns for her safety if the weapons are retumed. Even though the Protection from Abuse Order expired on November 19, 1998, she explained that previously she had been told that the defendant made threats to kill her and specifically to put a bullet through her "f-in" head before he sees her get all the parties' marital property. Moreover, it is my understanding that there is a petition for contempt before the court in the parties' divorce case averring that the defendant has dissipated thousands of dollars of marital assets in violation of an Order entered in the divorce case. This matter is to be heard before you on Monday, January 11, 1999. Ms. Failor requests that the weapons not be released to the defendant at least until after the divorce matters have been resolved. She further requests that the court release the weapons to her so that she may have them appraised for purposes of her equitable distribution claim. CC' Thank you for your attention to this matter. .Sincerely,/~ Attorney at Law John H. Broujos, Attorney at Law Kathy Failor SERVING ADAMS, CUMBERLAND, FRANKLIN AND FULTON COUNTIES