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Home My WebLink About07-4889JAY H. BRANDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KAREN J. BRANDY, Defendant NO. 2007 - ~/~'/ CIVIL TERM CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 JAY H. BRANDY, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA KAREN J. BRANDY, Defendant N0.2007 - L~ ~f~l CIVIL TERM CIVIL ACTION -LAW IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is Jay H. Brandt, an adult individual who currently resides at 44 Brandt Lane, Newville, Cumberland County, Pennsylvania, 17241-8655. 2. Defendant is Karen J. Brandt, an adult individual who currently resides at 46 Mount Rock Road, Newville, Cumberland County, Pennsylvania, 17241-9412. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 16, 1989 in Seaville, New Jersey. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in Counseling. 8. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. COUNT I -EQUITABLE DISTRIBUTION 9. Plaintiff hereby incorporates by reference paragraphs 1 through 8 above. 10. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. COUNT II -CUSTODY 11. Plaintiff hereby incorporates by reference paragraphs 1 through 10 above. 12. The parties are the parents of two minor children; namely, Samuel C. Brandt, born October 22, 1990, and Olivia L. Brandt, born July 3, 1993. Children were born in wedlock. The children are presently in the custody of Defendant at 46 Mount Rock Road, Newville, Cumberland County, Pennsylvania, 17241-9412. During the past five years, the children have resided with the following persons at the following addresses: Persons Residences Dates Karen J. Brandt 46 Mount Rock Road February, 2007 to Newville, PA 17241 Present Jay H. Brandt 44 Brandt Lane October, 2006 to Karen J. Brandt Newville, PA 17241 February, 2007 Jay H. Brandt 168 Richland Road October, 2006 to Karen J. Brandt Carlisle, PA 17013 Previous The natural father of the children is Jay H. Brandt, currently residing at 44 Brandt Lane, Newville, Cumberland County, Pennsylvania, 17241-8655. He is married to the Defendant. The natural mother of the children is Karen J. Brandt, currently residing at 46 Mount Rock Road, Newville, Cumberland County, Pennsylvania, 17241-9412. She is married to the Plaintiff. 15. The relationship of the Plaintiff to the children is that of natural father. The plaintiff currently resides with the following persons: Names None. Relationship 16. The relationship of the Defendant to the child is that of natural mother. The defendant currently resides with the following persons: Names Relationship Samuel C. Brandt Son Olivia L. Brandt Daughter 17. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 18. The best interest and permanent welfare of the children will be served by granting the parties shared legal and shared physical custody. 19. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff requests your Honorable Court to grant him shared legal and shared physical custody of the children Respectfully submitted, O'BRIEN, BARK & SCHERER ~/ Date: ~'! 7' a 7 Michael A. Scherer, Esquire I.D. No. 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff JAY H. BRANDY, Plaintiff V. ~'I KAREN J. BRANDY, 'I Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - CIVIL TERM CIVIL ACTION -LAW IN DIVORCE VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. I understand that false- statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: June ~_, 2007 /~ Jay H. Brandt ~~ ~~ ~~ V ~ O a !,'1 t:- r.,z --., CA 6A _ _ >m„ r .~ "~- W -~- ~ ~ W -»t ~ ` r 1 , .~ c C _ _ ~,,~ A `~ 4~ 6 P =F., P' ~. ~J -r-t T (7~ -, ~ ~~°,i ~ `~, :_ r, -~ ~Ni --~ JAY H. BRANDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007 - ~/~( CIVIL TERM KAREN J. BRANDY, CIVIL ACTION -LAW Defendant IN DIVORCE & CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Jay H. Brandt, an adult individual who currently resides at 44 Brandt Lane, Newville, Cumberland County, Pennsylvania. 2. Defendant is Karen J. Brandt, an adult individual who currently resides at, 46 Mount Rock Road, Newville, Cumberland County, Pennsylvania. 3. The parties are the parents of two minor children, namely, Samuel C. Brandt, born October 22, 1990 Olivia L. Brandt, born July 3, 1993 The children were born in wedlock. The children are presently in the custody of Defendant at 46 Mount Rock Road, Newville, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons at the following addresses: Persons Residences Dates Karen J. Brandt 46 Mount Rock Road February, 2007 to Newville, Pennsylvania Present Jay H. Brandt 44 Brandt Lane October, 2006 to Karen J. Brandt Newville, Pennsylvania February, 2007 Jay H. Brandt 168 Richland Road October, 2006 to Karen J. Brandt Carlisle, Pennsylvania Previous The natural father of the children is Jay H. Brandt, currently residing at 44 Brandt Lane, Newville, Cumberland County, Pennsylvania. He is married to the Defendant. The natural mother of the children is Karen J. Brandt, currently residing at 46 Mount Rock Road, Newville, Cumberland County, Pennsylvania. She is married to the Plaintiff. 4. The relationship of the Plaintiff to the children is that of natural father. The plaintiff currently resides with the following persons: Names None. Relationship 5. The relationship of the Defendant to the children is that of natural mother. The defendant currently resides with the following persons: Names Relationship Samuel C. Brandt Son Olivia L. Brandt Daughter 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the parties shared legal and shared physical custody. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: none WHEREFORE, Plaintiff requests your Honorable Court to grant the parties shared legal and shared physical custody of the children. Date: ~' I1•~ ~ Respectfully submitted, O'BRIEN, BARK & SCHERER Michael A. Sche er, squire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff JAY H. BRANDY, Plaintiff V. KAREN J. BRANDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - CIVIL TERM CIVIL ACTION -LAW IN CUSTODY VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: June ~, 2007 _3 _ 7 ~ _- - . -r~ `~_ ---i ~._ _ r+i ~''z___ --_ "r;, , ' - t%, ; - ~~, ~,. ; ~ -- ':~.~ ~~ JAY H. BRANDY, v. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA KAREN J. BRANDY, Defendant NO. 2007 - 4889 CIVIL TERM .CIVIL ACTION-LAW IN DIVORCE ACCEPTANCE OF SERVLCE AND NOW, this ~~ day of ~i~ ~ , 2007, I, Andrew C. Sheely, Esquire, accept service of the Divorce Complaint on behalf of Karen J. Brandt in the above-captioned case. ~iYV Andrew C. Sheely, quire t~ G~. ~ ~~ ~~ ~ }-~° ~„~~ ~ .-G -. JAY H. BRANDY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2007-4889 CIVIL ACTION LAW KAREN J. BRANDY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, August 23, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 25, 2007 at 8:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All. arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~v .,... Cv,~Q. j '~I`~~~,~1 ~4~~~1 ~d ~4 ~~ ~ ~~ ~~~' ~~~~ SEP 2 8 2007 ~'~ ,~ JAY H. BRANDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V, : N0.2007-4889 CIVIL ACTION -LAW KAREN J. BRANDY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~~ day of , 2007, upon consideration of the attached Custody Concilia ion Report, rt is ordered and directed as follows: 1. The Father, Jay J. Brandt and the Mother, Karen J. Brandt, shall have shared legal custody of Samuel C. Brandt, born October 22, 1990 and Olivia L. Brandt, born July 3, 19993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children as follows: A. Beginning Friday, September 26, 2007 alternating weekends from Friday after school to Sunday at 8:00 p.m. B. Every Wednesday evening until 8:00 p.m. C. Such other times as the parties agree 4. The parties and the children shall cooperate with family counseling. Father shall be responsible for contacting Paul Clemans to schedule counseling and contact Mother with the counseling schedule. 5. Transportation shall be shared as agreed by the parties. 6. The parents shall communicate with each other concerning the children's social activities and this custody order. Such contact shall not violate the PFA Order. 7. Neither party may use alcohol to the point of intoxication or illegal drugs prior to or during their periods of physical custody of the children. All alcohol and prescription drugs in the homes shall be properly secured so that the children may not access it. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for November 19, 2007 at 8:30 a.m. BY THE~COURT, J. cc;~vtichael A. Scherer, Esquire, Counsel for Father drew Sheely, Esquire, Counsel for Mother V /~.o 6/ ~} "~~;~ ,'_ .. .~ i.~'1~ ~,. -- .. JAY H. BRANDY, Plaintiff V. KAREN J. BRANDY, Defendant PRIOR JUDGE: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-4889 CIVIL ACTION -LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Samuel C. Brandt October 22, 1990 Mother Olivia L. Brandt July 3, 1993 Mother 2. A Conciliation Conference was held in this matter on September 25, 2007, with the following in attendance: The Father, Jay H. Brandt, with his counsel, Michael A. Scherer, Esquire, and the Mother, Karen J. Brandt, with her counsel, Andrew Sheely, Esquire. 3. The Honorable Kevin A. Hess entered an Order of Court dated June 14, 2007 providing for Father to have physical custody of the children for Father's Day weekend. A PFA Order was also entered by the Honorable Kevin A. Hess at Docket No. 06-2283 dated Apri126, 2006 providing for Mother to have primary physical custody of the children and Father having periods of partial physical custody/visitation as agreed. Father also admitted to being in contempt to the PFA in 2007. 4. The parties agreed to an Order in the form as attached. I / Date cqu ne M. Verney, Esquire Custody Conciliator Andrew C. Sheely, Esquire ' 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) JAY H. BRANDY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 2007 - 4889 CIVIL TERM IN DIVORCE KAREN J. BRANDY, Defendant ANSWER AND COUNTERCLAIM TO DIVORCE COMPLAINT Defendant, KAREN J. BRANDY, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Answer and Counterclaim to Plaintiffs Complaint, and respectfully states as follows: ANSWER TO DIVORCE COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted upon information and by way of further response that Defendant is agreeable to submitting an affidavit consenting to the divorce without waiting for the 2 year separation period provided all complex economic issues are resolved prior to the entry of divorce decree. 7. Admitted upon admission and belief. 8. Admitted upon admission and belief. WHEREFORE, Defendant requests your Honorable Court to enter a decree in divorce divorcing Plaintiff and Defendant absolutely J simultaneously with entering an order addressing the economic issues raised in the case. 9. No Answer required. 10. Admitted. WHEREFORE, Defendant requests that your Honorable Court equitably distribute the parties marital property, including marital debt, if any, and any such further relief as the Court may determine equitable and just, prior to the entry of a divorce decree. 11. - 19. The following Paragraphs involve custody of which no response is necessary. COUNTERCLAIMS COUNT III. REQUEST FOR ALIMONY UNDER THE APPLICABLE PROVISIONS OF THE PENNSYLVANIA DIVORCE CODE 20. The allegations of Paragraphs 1 - 19 are incorporated as if set forth at length. 21. Defendant lacks sufficient property to provide for her reasonable needs. 22. Defendant is unable to sufficient support herself through appropriate employment. 23. Plaintiff and Defendant are unable to work together in operation of the family business and corporation. 24. Plaintiff has sufficient property, assets and income to provide continuing support to Defendant. WHEREFORE, Defendant requests that this Honorable Court enter an Order of Court directing Plaintiff to pay alimony to Defendant 2 l pursuant to Section 3701 of the Pennsylvania Divorce Code and other applicable laws, case law and decisions, including any other relief deemed appropriate by the Court. COUNT IV. REQUEST FOR ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES UNDER THE APPLICABLE PROVISIONS OF THE PENNSYLVANIA DIVORCE CODE 25. The allegations of Paragraphs 1 - 24 are incorporated as if set forth at length. 26. Defendant is without sufficient assets and income to support herself and pay her attorney fees and costs of this action. 27. Plaintiff has sufficient earning capacity to support Defendant and to pay Defendant's attorney fees and costs and expenses of this action. WHEREFORE, Defendant requests that this Honorable Court enter an Order of Court directing Plaintiff to support Defendant during the pendency of this action and to pay Defendant's counsel fees, business and real estate appraisals, expenses and the costs of this action in accordance with Section 3702 of the Pennsylvania Divorce Code and other applicable laws, case law and decisions. Respectfully submitted, Date : November 'Z. ~, 2 0 0 7 ~"" drew C. Shee , uire Attorney for Defendant PA ID No. 62469 P.O. Box 95 127 S. Market Street Mechanicsburg, PA 17055 697-7050 3 1 VERIFICATION I verify that the statements made in this Answer and Counterclaim are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: November 2-~ , 2007 ~ Karen J. B ndt, Defendant ~? n.,, ~.: ~ ''n ~~, r:•` fi„ r ii t ` 4 ~ may ~f j ,~ ~ °~ ~, ~. ~` ~ . a ~ t . ~ g v ~ ~ as ~ -.'~ . •. c: .~.~,~ ~•} ~i ~" ~,.i h~ ?*~. I"~. ••~,1 ~\ o~ - 4 88q ~~~~ r i~~ CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Defendants Answer and Counterclaim to Plaintiff's Divorce Complaint upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Michael A. Scherer, Esquire O'Brien Baric & Scherer 19 West South Street Carisle, PA 17013 c Date: December 7, 2007 Andrew C Sheely, Esqui ~, ~a ~:- ~~ -~.,, -- ~, ~, -.~ l j;~ ~. ._T"7 i~ " _ ~ R, q _i ;~ ~ ~a z~1µA ~ r -~ ~ p i ;<.! Andrew C. Sheely, Esquire Attorney for Defendant/Petitioner 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net JAY H. BRANDY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. KAREN J. BRANDY, 07-4889 CIVIL TERM Defendant/Petitioner CIVIL ACTION - LAW IN DIVORCE PETITION FOR SPECIAL RELIEF IN RE: PRESERVATION/PROTECTION MARITAL ASSETS Defendant/ Petitioner, Karen J. Brandt, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Petition for Special Relief pursuant to Pa.R.C.P. No. 1920.43, 23 Pa.C.S.A. § 3323(f) and 23 Pa.C.S.A. ~ 3505 and respectfully states as follows: 1. Petitioner, Karen J. Brandt, (hereinafter referred to as "Petitioner") is an adult individual who resides at 46 Mount Rock Road, Newville, Pennsylvania. 2. Respondent, Jay H. Brandt, (hereinafter referred to as "Respondent"), is an adult individual who resides at 44 Brandt Lane, Newville, Pennsylvania. 3. Petitioner and Respondent are married and are joint owners of 10 shares of corporate stock in a corporation known as J.H. Brandt & Associates, Inc., a commercial roofing business located at 657 Forge Road, Carlisle, Pennsylvania. A copy of the jointly titled share certificate is attached hereto as Exhibit "A". 4. Petitioner and Respondent own a fifty (50) acre tract of land with a residential home with a value in excess of $650,000.00 located at 44 Brandt Lane, Newville, Pennsylvania. 5. The fifty (50) acre tract of land maintains standing timber with a value believed to be in excess of $25,000.00. 6. Petitioner and Respondent own the land and improvements at 657 Forge Road, Carlisle, Pennsylvania, with a value in excess of $500,000.00. 7. Petitioner and Respondent have requested that the Court equitably distribute marital property and debt in the above-captioned divorce action. I. PRESERVATION OF CORPORATE ASSETS AND INCOMES 8. Prior to separation in March of 2006, the Corporate and personal tax returns were prepared by an accounting firm i.n Carlisle, Pennsylvania. 9. Subsequent to separation, Respondent, without consent of Petitioner, transferred all corporate accounting and tax return responsibilities to an accountant in Somers Point, New Jersey. 2 10. Subsequent to separation, the corporate tax accountant began preparing tax returns as signed by Respondent reporting to the IRS that Respondent was a 100 owner of the corporation. 11. Respondent, after repeated demands, has refused to amend the corporate tax return to reflect that Respondent is an equal owner of the corporate stock. 12. As a result of reporting that Respondent is a 100% owner of the stock, Petitioner has not been provided with K-1's and other corporate records from the Corporation necessary for her completion of her personal tax returns in 2007. 13. The transfer of all accounting responsibilities of the corporation to an accountant in New Jersey without her consent has deprived Petitioner of reasonable opportunities to fully and fairly contact an independent accountant to determine, understand and obtain timely information as to the financial stability, credit worthiness and cash flow of the corporation. 14. On or about January 3, 2007, a Federal Tax lien was filed in the office of the Prothonotary of Cumberland County in the amount of One hundred sixty-eight thousand six hundred six thousand dollars and seventy-nine cents ($168,606.79). A copy of the tax lien is attached hereto 3 as Exhibit "B". 15. Petitioner did not become aware of the Federal Tax lien until earlier this year in 2008 as the result of investigation with the Prothonotary of Cumberland County. 16. Petitioner is without any information as to whether any payments have been made on the IRS debt or whether a plan has been submitted to the IRS to address the tax debt. 17. From the date of incorporation through April of 2007, Petitioner was secretary of the corporation and had authorization to execute corporate checks on behalf of the corporation. 18. At some point in early 2007, Respondent, without notice to Petitioner, removed Petitioner as an authorized agent of the corporation to execute checks and perform banking transactions. 19. In October of 2007, Respondent improperly usurped corporate assets and incomes in the amount of three thousand six hundred dollars ($3,600.00) for a party at the parties marital residence without petitioner's consent. 20. Respondent, without consent, notice or consultation with Petitioner, established a corporate credit card account from which Respondent routinely uses for personal expenses and benefits. 4 21. Petitioner has recently discovered that Respondent has not paid the school 2007-2008 real estate taxes on the property used by the corporation at 657 Forge Road, Carlisle, Pennsylvania, and that an amount of $2,709.50 is delinquent and overdue. 22. Petitioner believes and therefore alleges that Respondent has failed to hold annual corporate meetings, maintain corporate formalities and perform other corporate functions for the benefit of the shareholders, including Respondent. 23. Respondent has usurped all corporate authority of the jointly owned company and has used the corporation for his personal, exclusive benefit to the detriment of Petitioner and the Corporation. 24. Unnecessary corporate expenses have been generated by Respondent who has demonstrated his failure or inability to pay legitimate corporate debts in timely fashion after separation and therefore jeopardizing the corporation and other assets owned by Petitioner and Respondent. 25. Substantial debts have been imposed against the corporation since the parties separation. 26. Petitioner believes and therefore avers that the appointment of a receiver to operate and manage the financial affairs of the corporation is necessary to 5 preserve corporate assets, pay corporate liabilities, minimize the risk of litigation and insure that the value of the corporation is protected and prevent further waste of corporate and marital assets. 27. The appointment of a receiver will benefit Petitioner who maintains an interest in the value of the corporation, will provide independent and unbiased use of corporate assets and income for the benefit of the corporate shareholders, will assist with providing professional and independent accounting review of records, incomes and rents for the benefit of the corporation and marital estate. 28. Appointment of a receiver is authorized by 23 Pa.C.S.A. ~ 3323(f), 23 Pa.C.S.A. ~ 3505 of the divorce code, as well as Pa.R.C.P. 1533. 29. The appointment of a receiver will assist with providing necessary information to the Court for valuing the marital estate. II. PRESERVATION OF MARITAL REAL ESTATE AND TIMBER 30. Petitioner and Respondent own 50 acres of real estate which has standing timber believed to be in excess of $25,000.00. 31. Petitioner believes and therefore avers that Respondent has considered fully or partially timbering the 6 woodlands without Petitioner's consent. 32. Petitioner believes and therefore avers that Respondent intends to make substantial improvements to the real estate and improvements thereon without Respondent's consent, including the removal of timber from the marital property. 33. Petitioner desires to obtain several assessments and appraisals of the standing timber prior to any removal of the timber from the jointly owned real estate. 34. Petitioner requests the entry of a Court Order enjoining the removal of any timber and modifications to the existing improvements on the marital estate. 35. Pursuant to a prior support order, Petitioner's spousal support was reduced $525.00 each month to assist with Respondent's payment of the mortgage, taxes and insurance on the marital residence located at 44 Brandt Lane, Newville Pennsylvania. 36. Respondent failed to pay the 2007-2008 school taxes prior to December 31, 2007 and a delinquent amount of $4,886.21 is due and owning the County of Cumberland. 37. Respondent's continued failure to pay the 2007- 2008 school real estate taxes on both parcels of jointly owned real estate will result in further penalties, 7 interest and the possible sale of the property at a county tax sale. 38. Failure to pay the taxes on timely basis has resulted in additional interest and penalties further encumbering the marital real estate and Petitioners interest therein. 39. On or about February 16, 2008, Petitioner and Respondent were directed a notice from the IRS as to overdue personal income taxes in the amount of $7,619.21 for tax year 2004. A copy of the notice is attached hereto as Exhibit "C". 40. Petitioner and Respondent are unable to agree on corporate formalities, access to corporate incomes, access to corporate records, documents and financial decisions impacting the day to day operations of the corporation and the value of the corporate stock. 41. Court intervention is necessary to preserve marital assets and prevent further waste of marital property subject to the pending claims of equitable distribution. WHEREFORE, Karen J. Brandt, Defendant/Petitioner, hereby respectfully requests that this Honorable Court enter an Order of Court directing the following: 8 A. Appointing an independent receiver to manage and operate the corporate business affairs of J.H. Brandt & Associates, Inc. on a day to day basis to insure the corporation is preserving and protecting corporate and marital assets, corporate incomes and meeting financial liabilities, pending written certification to the Court of the status of the financial affairs of the corporation; and B. Directing Respondent to immediately make arrangements to transfer all corporate accounting functions to a certified public accountant in the Carlisle area, including the directive to correct ownership issues on the corporate tax returns and the timely issuance of all required K-1 information accurately reflecting Petitioner s ownership interest in the corporation so as to permit the filing of her 2007 and subsequent tax returns; and C. Directing Respondent to fully cooperate with Petitioner as to sharing of all financial records, financial activities, IRS tax notices, IRS tax obligations, accounts receivable information and other relevant corporate documents; and D. Directing Respondent to pay for all delinquent real estate taxes on the marital property located at 657 Forge Road, Carlisle, Pennsylvania; and 9 E. Enjoining Respondent from accessing a corporate credit card, accounts or other corporate assets expenses, benefits and perquisites or Petitioner's consent; and F. Enjoining Respondent from liquidating, using and/or the corporate checking for any personal without Court approval cutting and removing any standing timber from the jointly owned real estate at 44 Brandt Lane, Newville, Pennsylvania, pending receipt of two (2) timber value assessments and further Order of Court; and G. Enjoining Respondent from making any improvements to the real estate at 44 Brandt Lane, Newville, Pennsylvania without further court approval or Petitioner's consent; and H. Directing Respondent to pay any and all delinquent real estate taxes, debts or other delinquent payments encumbering the marital real estate at 44 Brandt Lane, Newville, Pennsylvania; and I. Any other relief necessary to protect, preserve and maintain all marital assets, including the payment of all encumbrances on such marital assets, pending entry of a final decree in divorce. 10 Respectfully submitted, Date: April 7~0, 2008 Andrew C. Sheely, Esq PA ID 62469 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) andrewc.sheely@verizon.net. li ~ tis,x,,'1! ,~~-~:~s~ '- /ti.~'.~ t r,e%'~~ - "e. r ~~ ~~~ ~~~ ~ ~ ~~ic~~ 80~i J L'~L.:.rytrY~~~ ~~{~ ~ VERIFICATION I verify that the statements made in this Petition for Special Relief are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. L. Date: Aprill~ 2008 ,_ Karen J ~. randt Exhibit "A" a Q, w rn fD N (~D QI `~ f7 fA «`~ rt r• n m rt r• N N 3 b z ~ ~ `~ p.~ ~ ~1 r-r t-1` x H Ro n H z N O G a x N a r~ c~ n a N U ~* ~, z n ~.~y ° VV o M' ~~ ti z A ~y ~m ~~~ ~ o w ~ x m 'n ~i o V` 3 ~~ l1 ~TtH~ C° m ~9y ~ z ~ z s„ z D ^~ L • ;,' a i' it ~ L' ,i~,, r_<~!~: ~ i.try~ II -~f l '' ,, e, ~f rM r4 y M N ' Mr f fr', a , Exhibit "B" Lasertiche WebLlnk Leser~iche' V~~ b ~. n k Browse _,. ~ ~~.......,....... °l'~C a Cry. ..,.:,.. 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Situs: 657 Name BRANDY, JAY H JR & KAREN J BRANDY FORGE ROAD 44 BRANDY LANE LAND APPROX 7 ACRES NEWVILLE PA 17241 Commercial - Combination BRANDY, JAY H JR Value 208, 960 Stat/Yr C 1/2007 Cl &Gr Opt Year Cur Balance Next Mo Int Bal .Due 2, 691.67 17.83 < _ > 2006 . 00 , 00 < _ > 2007 2,691.57 17.83 Bk/Pg 00197 00301 Land Use CC Acres 7.150 Misc Rcpts . 00 Bat Due Nxt Mo Escrow Dist Due 2, 709.50 . 00 .00 2, 709.50 F3=Exit F4=Find F5=Prt Inquiry F6=Prt Ledger F7=Prt Summary F9~iVotes ~'-'°'1 "1 -' -~L l.. U1~1t31"~KLEi1VL L V U1V 1' X Claim Inquiry Map No 44-05-0409-064 Dst/Ct1 44 139 UPPER MIFFLIN TOWN Sch Dst 21050 BIG SPRING S.D. Si tus : 44 BRANDY LANE Name BRANDY, JAY H JR & KAREN J BRANDY 44 BRANDY LANE LAND APPROX 50 ACRES NEWVILLE PA 17241 Agri cultural With Building BRANDY, JAY H JR Value 304, 470 Stat/Yr C 1/2008 Cl&Gr 361,,850 Bk/Pg 00274 02197 Land Use A Acres 49.210 Mise Rcpts . 00 Opt Year Cztr Balance Next Mo Int Bat Due Nxt Mo Escrow Dist Due Bat Due 4,886.21 32.38 4,918.59 .00 < > 2007 4,886.21 32.3$ 4,918.59 Bottom E'3=Exit F4=Find FS=Prt Inquiry F6=Prt Ledger F7=Prt Summary F9=Notes MAR-03-2008 MON 1;45 PM AAA MEMBER SERVICES FAX N4. 717 657 8950 P, 04 \'Vc~ \t:u~t~~sa t~~ ~s'taut'~+ Thal yi~-t ai~~l }'~~ur ;;~t~iu,c rec~'i\~~'~i Ibis ni.itis:e., tier \v~'1'4 ~~s71 :t et~I,y icy 4~rlr t~l'~~rni, ]•?a~lr ~~~yl,y c-~ntsiista Ilr~ ssin~~4 it'tt'~~rrtrilityn rclat-;cl to y~~ur.I~lU'Ml esc'cntar~r. Atly sami~itnc yc,71 li\1,'~' iu' halut,c~ ~Irr~ ~lu~\ti~n ,lticnil~i h4 l~:ri~i ai-ly pr~~:~, 1~'e \\~il! ian4 trrsy r41iir1s;! aho\vn ~~nlyf sutc~;. Accounit ummary JAY FI a KAREN J BRAtJDT 199-52-6441 Tape of Tax Peri~+d Ending Aeaes~ed Balance Accrued lnter•eat t,ate f'ayme-~t _ Penat_Y__~ Total _ 1040 _ 12-31-20a4 ~~ 7,a78.59 +s 540.62 ~ a.a0 s 7,619.21 Total Amount pue $ 7 . c+1h .21 Type of Tax Period Ending Nome of Return U~rpariir~enl us llid Trrnscny -- Iritern~l 13+~tifariuR S~vire Andrew C. Sheely, Esquire Attorney for Defendant/Petitioner 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID N0. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net JAY H. BRANDY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. . KAREN J. BRANDY, 07-4889 CIVIL TERM Defendant/Petitioner CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF CONCURRENCE/NON-CONCURRENCE WITH PETITION FOR SPECIAL RELIEF AS TO PRESERVATION AND PROTECTION OF MARITAL ASSETS I, Andrew C. Sheely, Esquire, Counsel for Petitioner/Defendant, Karen J. Brandt, hereby certify and state that I advised and faxed a copy of the attached Petition for Special Relief to Michael A. Scherer, Esquire, on April 16, 2008, and as of the date of filing the Petition Michael A. Scherer, Esquire, did not concur with the relief sought by the Petition for Special Relief April ~ 2008 I n rew C. She Esquire PA. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 Attorney for Petitioner CERTIFICATE OF SERVICE I, ANDREW C. SHEELY, hereby certify that I served a true and correct copy of the Petition for Special Relief upon counsel of record on the below listed date by first class mail, postage prepaid, as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 April Iv 2008 An rew C. Sheely, At rney o~~ , f . r ~I' y -~ ~ ,LOD Sr ~p~Ko J a~ I a .'''~ '~~ ~' ~ . JAY H. BRANDY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. KAREN J. BRANDY, DEFENDANT NO. 07-4889 CIVIL IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 23~d day of April, 2008, upon consideration of the Defendant's Petition for Special Relief, In Re: Preservation/Protection Marital Assets, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the relief requested should not be granted; 2. The Plaintiff will file an answer on or before May 13, 2008; 3. The Prothonotary is directed to forward said Answer to this Court. 4. A status conference with counsel shall be held on Tuesday, June 3, 2008, at 8:30 a.m. in chambers of Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 5. Pending further Order of Court, Plaintiff and Defendant are enjoined from dissipating, removing or selling any marital assets, including the sale and removal of any standing timber at the marital real estate located at 44 Brandt Lane, Newville, Pennsylvania. By the Court, M. L. Ebert, Jr., J, ~v .`zS`.. .x';-11 -~~=' Michael A. Scherer, Esquire Attorney for Plaintiff Andrew C. Sheely, Esquire Attorney for Defendant bas a JAY H. BRANDY, v. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-4889 CIVIL TERM KAREN J. BRANDY, Defendant CIVIL ACTION-LAW IN DIVORCE ANSWER TO RULE ISSUED PURSUANT TO DEFENDANT'S PETITION FOR SPECIAL RELIEF IN RE: PRESERVATION/PROTECTION MARITAL ASSETS AND NOW, comes the Plaintiff, Jay H. Brandt, by and through his counsel, Michael A. Scherer, Esquire, and respectfully answers Defendant's petition as follows: 1. - 3. Admitted. 4. Admitted, except as to the value of the home. 5. Denied. Plaintiff does not have a value for timber on his property. 6. Admitted, except as to the value of the property. 7. Admitted. I. PRESERVATION OF CORPORATE ASSETS AND INCOME 8. Admitted. The local accountant was expensive and did not have an expertise in roofing contractors. 9. Admitted. Frank Lamb, CPA, is more reasonable in cost and has special knowledge in representing roofing contractors. 10. Admitted that Plaintiff has been listed as the sole owner on some corporate tax returns, however, Plaintiff has always represented that Defendant is an equal shareholder and Plaintiff has produced share certificates to prove it. 11. Denied. Plaintiff is not aware that Defendant wanted the return amended for that reason. Proof is demanded from Defendant on this issue. 12. Denied. Proof is demanded on this allegation. 13. Denied. Defendant has employed an accountant to give her advice on tax matters and the present accountant in no way has hindered Defendant's access to information. 14. Admitted. 15. Denied. Plaintiff does not know what Defendant did in the way of an investigation. 16. Denied. Plaintiff does not know what information Defendant has. 17. Admitted. 18. Admitted. Plaintiff removed Defendant's authority to sign checks after Defendant surreptitiously removed checks from the corporate checkbook. 19. Denied. Plaintiff held a corporate event at his home. 20. Denied. Plaintiff has a corporate credit card, however, it is not routinely used for personal expenses. 21. Denied. The real estate taxes are now paid. 22. Admitted. The corporation operates presently as it has operated in the past and prior to when the parties separated. 23. Denied. Defendant does nothing to contribute to the benefit of the corporation. Defendant previously had a PFA Order against Plaintiff. Plaintiff has always run the company without managerial input from Defendant. As such, Plaintiff presently runs the business. 24. Denied. More specific evidence is necessary at a hearing. 25. Denied. More specific evidence is necessary at a hearing. 26. Denied. A receiver is unnecessary and would be too expensive to employ in this matter. 27. Denied for same reason as paragraph 26. 28. Admitted. 29. Denied. A receiver is unnecessary for the sole purpose of providing information. II. PRESERVATION OF MARITAL REAL ESTATE AND TIMBER 30. Denied; see paragraph five above. 31. Denied. Proof is demanded at a hearing. 32. Denied. Proof is demanded at a hearing. 33. Denied. Plaintiff does not know Defendant's intentions. 34. Denied. This is a request to the Court and not a factual allegation. 35. Admitted. 36. Denied. The real estate taxes are paid. 37. Denied. See paragraph 36 above. 38. Denied. See paragraph 36 above. 39. Admitted. 40. Admitted. 41. Denied. Court intervention is unnecessary and there is no waste of marital assets. WHEREFORE, Plaintiff requests your Honorable Court to dismiss Defendant's petition. Date: ~~`1 ~ 3• L-'~3 Respectfully submitted, O'BRIEN, BARK & SCHERER Mi ael A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff i JAY H. BRANDY, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - CIVIL TERM KAREN J. BRANDY, CIVIL ACTION -LAW Defendant IN DIVORCE VERfFICATION I verify that the statements made in this Answer to Defendant's Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: S~ J~1oG ff Jay H. Brandt CERTIFICATE OF SERVICE i hereby certify that on May 13, 2008, I, Jennifer S. Lindsay, secretary at O'Brien, Baric & Scherer, did serve a copy of the Answer To Rule Pursuant To Defendant's Petition For Special Relief In Re Preservation/Protection Marital Assets, by U.S. First Class ,postage prepaid, to the parties listed below, as follows: Andrew C. Sheely, Esquire 127 South Market Street Mechanicsburg, Pennsylvania 17055 nif r indsay Q (~ ^Tii--~~ ~ 1 ..... ~ ~" ; W ~ ~ e t _. I, °a C... _ r "7. X _ fTl ~ ~ .,,,~ N , ~..v' ~,, - 5 JAY H. BRANDY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. KAREN J. BRANDY, DEFENDANT NO. 07-4889 CIVIL IN RE: PETiTIQN FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 13th day of June, 2008, upon consideration of the Defendant's Petition for Special Relief, and the Plaintiffs Answer thereto and after conference with Counsel on June 3, 2008, IT IS HEREBY ORDERED AND DIRECTED that: 1. The parties shall submit to the Court the name of an expert in the field of business valuation/accounting who shall conduct an evaluation of J. H. Brandt Associates, Inc. If the parties are unable to agree on an expert, each party shall submit the names of two proposed experts from which the Court will select an appropriate expert for the valuation. Costs of this evaluation shall be borne by the corporation. 2. Plaintiff Jay H. Brandt shall cease use of any corporate funds, corporate credit cards, or credit accounts for payment of personal expenses. 3. Plaintiff shall supply to Defense Counsel a written status report regarding the liability of the corporation to the United States Internal Revenue Service, to include any payment plans if applicable. This information shall be submitted to the Defendant's Counsel on or before July 15, 2008. 4. Plaintiff's bookkeeper shall submit copies of the corporation's check register and electronic books to the Defendant on a monthly basis. 5. Plaintiff's accountant shall submit asemi-annual report to Defendant of corporation's income liability and depreciation by July 1, 2008, and December 30, 2008. 6. Plaintiff shall provide to Defendant on a timely basis all 1099, K-1 profit loss statements regarding J. H. Brandt Associates, Inc. 7. An evaluation of the value of timber to be harvested from 44 Brandt Lane shall be conducted by an expert timber evaluator agreed upon by the parties. 8. No cutting of timber or construction of any improvements on 44 Brandt Lane shall be begun without further Order of Court. By the Court, ~~ M. L. Ebert, Jr., J. ~chael A. Scherer, Esquire Attorney for Plaintiff ~idrew C. Sheely, Esqu Attorney for Defendant bas 'J 7P 1~J ~~~ ti' r ~Y{ 1~./ ~ ~ ~8 ~~ 9 t ~f l~' 8002 3~}-_ ~- JUL 3 n 2008 ~ JAY H. BRANDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2007-4889 CIVIL ACTION -LAW KAREN J. BRANDY, ; IN CUSTODY Defendant ORDER OF COURT AND NOW, this 28'h of July, 2008, more than 90 days having elapsed since the matter was continued, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~.~ ac line M. Verney, Esquire, Cust y Conciliator C ~ n ~': _, ,.:~ ~ - : e~ _ r, , --r . psi ~:,-: _ "'c± < _.... .._ ~-~ _ "' ~ ~+~ ' ~.. ~' Andrew C. Sheely, Esquire Attorney for Defendant/Petitioner 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net JAY H. BRANDY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. KAREN J. BRANDY, 07-4889 CIVIL TERM Defendant/Petitioner CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S PETITION FOR SPECIAL RELIEF IN RE: PRESERVATION OF MARITAL ASSETS - 657 FORGE ROAD, CARLISLE, 44 BRANDY LANE, CARLISLE Defendant/Petitioner, Karen J. Brandt, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Petition for Relief, and respectfully states as follows: 1. Petitioner is Karen J. Brandt, Defendant in the above-captioned matter. 2. Respondent is Jay H. Brandt, Jr., Plaintiff in the above-captioned matter. 3. Petitioner and Respondent are joint owners of real estate located at 657 Forge Road, Carlisle, Pennsylvania and 44 Brandt Lane, Carlisle, Pennsylvania. 4. Commercial rent is received by Respondent monthly in an amount in excess of one thousand two hundred dollars ($1,200.00) per month in association with the commercial lease of a office building on the jointly owned real estate located at 657 Forge Road, Carlisle, Pennsylvania. 5. Rent checks received from the tenant are received and controlled solely by Respondent. 6. In addition, commercial rent is received by Respondent from J.H. Brandt & Associates, Inc. in an amount in excess of $3,500.00 per month. 7. Delinquent 2007 and 2008 real estate taxes are due Cumberland County for the real property located at 657 Forge Road, Carlisle, Pennsylvania in the amount of $6,287.95. A copy of the tax bill for 657 Forge Road, Carlisle, Pennsylvania is attached hereto as Exhibit "A". 8. Delinquent 2008 real estate taxes are due Cumberland County for the real property occupied by Respondent and his friend at 44 Brandt Lane, Carlisle, Pennsylvania in the amount of $5,798.95. A copy of the tax bill for 44 Brandt Lane, Carlisle, Pennsylvania is attached hereto as Exhibit "B". 9. As of February 17, 2009, amounts of $11,016.19 remained outstanding and due the mortgage company. 10. Petitioner believes and therefore avers that the accumulation of unpaid real estate taxes and mortgage debt will lead to loss of value, possible tax sales, foreclosure proceedings and other events which will dissipate marital 2 assets and cause irreparable harm prior to final distribution. 11. Petitioner believes that the establishment of an escrow account funded through rental payments from the lease of real estate at 657 Forge Road for use in payment of outstanding taxes and mortgage payments will protect and preserve the marital assets. 12. The establishment of an escrow fund will insure that accruing county, township and school taxes are paid on a timely basis. 13. The Honorable M. L. Ebert, Jr., Judge, has previously heard matters pertaining to Petitioner and Respondent. 14. Petitioner and Petitioner's counsel have previously advised Respondent as to the necessity for payment of taxes and mortgage payments. WHEREFORE, Petitioner, Karen J. Brandt, respectfully requests the entry of a Court Order establishing an escrow account for depositing all rental checks received in association with the property at 657 Forge Road so as to insure all tax payments are met to preserve and protect marital assets, including the entry of other relief as warranted pending a hearing on the within request. 3 Respectfully submitted, Date: April ~, 2009 -- Andrew C. Sheely, Esquire PA ID 62469 127 South Market St., P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) andrewc.sheely@verizon.net 4 VERIFICATION I verify that the statements made in this Petition for Relief are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ~~ Date: April ~~ 2009 Karen J Brandt CERTIFICATE OF SERVICE I, ANDREW C. SHEELY, hereby certify that I served a true and correct copy of the Petition for Relief upon counsel of record on the below listed date by first class mail, postage prepaid, as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 April ~ 2009 Andrew C. Sheely, Attorney ' CUMBERLAND COUNTY TAX CLAIM BUREAU CLM656 ONE COURTHOUSE SQUARE 4%08/2009 CARLISLE PA 17013 PHONE 717 240-6366 FAX 717 240-7635 TAX CLAIM INQUIRY ******** DIST/CTL 40 862 ******** R E M A R K S BRANDY, JAY H JR & KAREN J BRANDY SITUS-657 FORGE ROAD 44 BRANDY LANE NEWVILLE PA 17241 PROPERTY- DESC -LAND APPROX 7 ACRES -Commercial - Combinati on 40-SOUTH MIDDLETON TOWNSHIP CERT MAIL-R/C 83630 21830-SOUTH MIDDLETON S.D. BOOK/PAGE 00197 00301 CERT MAIL-SALE LAND USE CC MAP NO 40-10-0636-012 STATUS C ACREAGE 7.150 VALUE 208,960 VALUE C&G RECEIPT BALANCE INT ADDED DATE COD E DESCRIPTION NO TAX PENALTY INTEREST CHARGES PAYMENTS DUE EACH MO 02/06/08 400 SCH-SOUTH MIDDLETON 2377.96 237.80 249.62 2865.36 17.83 2007 TAX TOTAL 2865.36 02/06/08 201 FILING FEE 15.00 02/19/08 202 POSTAGE RET & CLAIM 5.25 03/25/08 204 POSTING RETURN/CLAIM 20.00 05/01/08 205 POSTAGE FEE REMINDER .45 06/02/08 219 INQUIRY/BILL FEE 1.50 10/16/08 205 POSTAGE FEE REMINDER 1.00 2007 FEE TOTAL 43.20 2007 YEAR TOTALS & BALANCE 2908.58 .00 2908.58 17.83 - - - - - - - - - - - - - - - - - - - ESTIMATED BALANCE DUE NEXT MONTH 2926.41 O1/12/09 200 CTY-SOUTH MIDDLETON - - - - - - 477.47 - - - - - - - - - - - - 47.75 10.74 - - - - - 535.96 - - - - - - - - - - - - - - - - - - 3.58 01/12/09 250 CLB-SOUTH MIDDLETON 37.61 3.76 .84 42.21 ,2g 01/12/09 302 FIRE-SOUTH MIDDLETON 45.97 4.60 1.02 51.59 .34 01/20/09 400 SCH-SOUTH MIDDLETON 2377.96 237.80 53.49 2669.25 17.83 2008 TAX TOTAL 3299.01 01/12/09 201 FILING FEE 15.00 01/26/09 202 POSTAGE RET & CLAIM 5.50 03/13/09 204 POSTING RETURN/CLAIM 20.00 2008 FEE TOTAL 40.50 2008 YEAR TOTALS & BALANCE 3339.51 .00 3339.51 22.03 - - - - - - - - - - - - - - - - - - - ESTIMATED BALANCE DUE NEXT MONTH - - - - - - - - - - - - - - - - - - - - - - 3361.54 CLAIM TOTALS - - 6248.09 - - - - - - - - - - - - - - - - - .00 6248.09 39.86 ESTIMATED TOTAL DUE NEXT MONTH 6287.95 MISC RECEIPTS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CUMBERLAND COUNTY TAX CLAIM BUREAU CLM656 ONE COURTHOUSE SQUARE 4./08/2009 CARLISLE PA 17013 PHONE 717 240-6366 FAX 717 240-7835 TAX CLAIM INQUIRY ******** DIST/CTL 44 139 ******** R E M A R K S BRANDY, JAY H JR & KAREN J BRANDY SITUS-44 BRANDY LANE 44 BRANDY LANE NEWVILLE PA 17241 PROPERTY- DESC -LAND APPROX 50 ACRES -Agricultural With Buil ding 44-UPPER MIFFLIN TOWNSHIP CERT MAIL-R/C 89502 21050-HIG SPRING S.D. BOOK/PAGE 00274 02197 CERT MAIL-SALE LAND USE A MAP NO 44-OS-0409-064 STATUS C ACREAGE 49.210 VALUE 304,580 VALUE C&G 361,850 RECEIPT BALANCE INT ADDED DATE CODE DESCRIPTION NO TAX PENALTY INTEREST CHARGES PAYMENTS DUE EACH MO 01/14/09 200 CTY-UPPER MIFFLIN 695.71 69.57 15.66 780.94 5.22 01/14/09 250 CLB-UPPER MIFFLIN 54.81 5.48 1.23 61.52 .41 01/14/09 400 SCH-BIG SPRING 4345.45 434.55 97.77 4877.77 32.59 2008 TAX TOTAL 5720.23 01/14/09 201 FILING FEE 15.00 01/26/09 202 POSTAGE RET & CLAIM 5.50 03/16/09 204 POSTING RETURN/CLAIM 20.00 2008 FEE TOTAL 40.50 2008 YEAR TOTALS & BALANCE 5760.73 .00 5760.73 38.22 - - - - - - - - - - - - - - - - - - - ESTIMATED BALANCE DUE NEXT MONTH - - - - - - - - - - - - - - - - - - - - - - 5798.95 CLAIM TOTALS - - 5760.73 - - - - - - - .00 - - - - - - - - - - 5760.73 38.22 ESTIMATED TOTAL DUE NEXT MONTH 5798.95 MISC RECEIPTS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ' ~ ~ 91~{II~~ ,S'jU~. 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Power and Associates 2008 Primary Mor1~ , nal;,,#dyg"". Study based on 4,256 responses measuring 10 lenders and meal§tit~Z°(nlort~'lp~sumers who originated a new mortg~lge. Proprietary study reaufts are based on ex~.ertd perceptions of customers surveyt3tl in" Jute 21)08. dour experience may vary. Visit ~AL14lddf+er.com. Please include this portion with your payment. No partial payments accepted. Please do not send cash. Thank you for yeur business f((I~~ "" SunTrust will be closed February 18th in observance of President's Day. "'• . SU111AUSTw If youare payirg after 2:00 PM Payment Due Date 01/01/09 on03/16/09, your mortgage Mort a e Pa ment MORTGAGE payrrentwitn$tso.sllatedlarge 8 8 Y 3,018 12 $ -_- ----_---_ __-_ _ is$11,167.10. ---- Loan Number: 0203034467 Payment Past Due 6 036.24 JAY H BRANDT ~ - ' Spedfytheallotationofadditiorgl ----------------- KAREN J BRANDT tundsrenitted. Fundsrat~edfied Unpaid Late Charges 1,961.83 ~' will b li d S .. e e aPP fir~to OdAanding _________________________________ feesand then to principal. , Fees _ r .. $ Total Amount Due 11, 016.19 5 .. SUNTRUST MORTGAGE I NC Additional Princi al } PO BOX 79041 ? ' --------- r 5 ---- ------------------- BALTIMORE MD 21 2 79-0041 AddltlOnal ESCrOW (Taxand Insurance) • ~ ' $ fnilinlfinilifnlifrinfinriiaofnfnrifrinfmiiilinf ~ ' Total Amount Enclosed $ ~:O 20 30 3446 7~rt L~:O 3 L690 311'0 3D i8 L 2.1' LII^ ,! ;lM1, ^~+JV ~~Y ~ef t t.~ Z .,~ '+ ~ t ~:. ~~ ._i .. .,~,7 "~ Andrew C. Sheely, Esquire Attorney for Defendant/Petitioner 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net JAY H. BRANDY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. . KAREN J. BRANDY, 07-4889 CIVIL TERM Defendant/Petitioner CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF CONCURRENCE OR NON-CONCURRENCE I, Andrew C. Sheely, Esquire, hereby certify that I served a copy of the attached Petition for Relief upon Michael A. Scherer, Esquire, by fax transmission on April ~~`, 2009. I further state that I was advised by Michael A. Scherer, Esquire, that he did/ id not concur with the attached Petition prior to its filing on the date set forth below. Date: April ~ , 2009 Andrew C. Sheely, Esquire Attorney for Defendant/Petitioner 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 J ~~ JAY H. BRANDY, IN THE COURT OF COMMON PLEAS OF PlaintifflRespondent CUMBERLAND COUNTY, PENNSYLVANIA vs. . KAREN J. BRANDY, 07-4889 CIVIL TERM Defendant/Petitioner CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this i5 ~`" day of April, 2009, upon consideration of the attached petition to protect and preserve marital assets, including the establishment of a rental escrow account, a hearing is hereby scheduled for the ~ ~ day of `~'~~,~- 2009, at ~l : Da /-4- .m, in Courtroom No. 5 of the. Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ~~ ~ M.L. EBERT, Jr., J. ~hael A. Scherer, Esquire Attorney for Respondent J drew C. Sheely, Esquire Attorney for Petitioner M ~t~ 7 Y1~ ~i1~J ~~{ .`tr~ ~ z ~~ ~a ~ ~ ~~~ ~~~z ~, JAY H. BRANDY, Plaintiff V KAREN J. BRANDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEi4JNSYLVANIA 07-4889 CIVIL TERM CIVIL ACTION - LAW IN RE: PETITION FOR SPECIAL RELIEF TO PRESERVE MARITAL ASSETS ORDER OF COURT AND NOW, this 5th day of May, 2009, after h~aring in the above-captioned matter, IT IS HEREBY ORDERED AND D1~RECTED: 1. The Plaintiff shall bring current the b~.ck taxes due on 44 Brandt Lane on or before May 29, 2009. Proo~ of payment of these forms shall be provided to defense counsel i immediately upon payment. 2. The Plaintiff shall supply a copy of his Sun Trust Mortgage statement to defense counsel each month and shjall bring his mort a e a ents current. ~ 99 PYm 3. Plaintiff shall provide a copy of the corporate tax filing for his corporation on or before September 1~5, 2009. If the date due for the filing of that taxes is later, ';counsel i shall provide it on the date it is filed. 4. Plaintiff shall provide copies of the corporation check register and electronic books that have not been (supplied previously. 5. The Plaintiff will pay all back taxes or~ a regular basis. Failure to do so will immediately result in the creation of an escrow account. By the Court, M. L. Ebert, Jr., J. ~. Brandt V Brandt 07-4889 Civil Term Petition for Special Relief Page 2 / Michael A. Scherer, Esquire For the Plaintiff drew C. Sheely, Esquire For the Defendant :mtf ~o ~ ~S ,~.~.~~ P ~ f«/o~ ~l`~..C~ !~~ CJ~' 't ~~ ``/1~DT~..GNG3 T~r2 ~~1~~ ~~ t~~sy L ~~~~~ Andrew C. Sheely, Esquire Attorney for Defendant/Petitioner 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net JAY H. BRANDY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. KAREN J. BRANDY, 07-4889 CIVIL TERM Defendant/Petitioner CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S PETITION FOR HEARING TO PROTECT MARITAL ASSETS AND PETITION FOR CONTEMPT Defendant/Petitioner, Karen J. Brandt, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Petition for Special Relief, and respectfully requests as follows: 1. Petitioner is Karen J. Brandt, Defendant in the above-captioned matter. 2. Respondent is Jay H. Brandt, Jr., Plaintiff in the above-captioned matter. 3. On or about August 28, 2009, Defendant learned that Plaintiff had filed a Chapter 11 bankruptcy petition docketed to 1-09-06295 on or about August 14, 2009 on behalf of J.H. Brandt & Associates, Inc., a Pennsylvania Corporation acquired during marriage and in which Plaintiff and Petitioner are equal shareholders. 4. Defendant/Petitioner was not notified of the bankruptcy petition at any time prior to its filing. 5. Petitioner believes and therefore avers that marital assets could be subject to the claims of creditors of J.H. Brandt & Associates, Inc. as a result of its bankruptcy filing. 6. On June 13, 2008 and May 5, 2009, the Honorable M. L. Ebert, Jr. entered Court Orders directing submission of certain financial information from Plaintiff to Defendant associated with J. H. Brandt & Associates, Inc. A copy of the June 13, 2008 Order of Court is attached hereto as Exhibit "A" and a copy of the May 5, 2009 Order of Court is attached hereto as Exhibit "B". 7. Subsequent to both Orders of Court, Plaintiff has failed to: a. Advise and provide information to Defendant as to J. H. Brandt & Associates, Inc. corporate obligations with the IRS in accordance with paragraph 3 of the June 13, 2008 Order of Court and paragraph 4 of the May 5, 2009 Order of Court; and b. Plaintiff and the business has failed to submit monthly check register and electronic books to Defendant on a monthly basis in accordance with paragraph 4 of the June 13, 2008 Order of Court and paragraph 4 of the May 5, 2009 Order of Court; and c. Plaintiff has failed to submit semi-annual reports to Defendant in accordance with paragraph 5 of the June 13, 2008 Order of Court; and d. Plaintiff has failed to provide all 1099 and K-1 profit and loss statements to Defendant in accordance with 2 paragraph 6 of the June 13, 2008 Order of Court and Petitioner believes that Respondent will not provide corporate tax return records in accordance with paragraph 3 of the May 5, 2009 Order of Court; and e. Plaintiff has made improvements to and negotiated contracts in association with the jointly owned marital residence located at 44 Brandt Lane, Newville, Pennsylvania, without approval of the Court in violation of paragraph 8 of the June 13, 2008 Order of Court; and f. Plaintiff has released marital assets and negotiated contracts in association with the marital assets without Defendant's knowledge or consent; and g. Plaintiff has subjected marital assets to increased debts and obligations without Defendant's consent. 8. The Department of Treasury - Internal Revenue Service filed a federal tax lien against J. H. Brandt & Associates, Inc. in amounts exceeding $250,000.00. 9. Defendant believes and therefore avers that Plaintiff has failed to pay required 941 taxes (Social Security/Medicare taxes for himself and employees) as sought by the IRS throughout periods of 2008. 10. Plaintiff has not provided Defendant with evidence that the mortgage on the marital residence has been paid in accordance with paragraph 2 of the May 5, 2009 Court Order. 11. Petitioner believes that rent payments received from the jointly owned real estate are being diverted to corporate debts and obligations. 3 12. Defendant believes and therefore avers that marital assets have been dissipated and that immediate judicial relief is necessary to preserve the status quo. 13. Defendant believes and avers that Plaintiff's refusal to provide the required information as directed by the Court Orders dated June 13, 2008 and May 5, 2009 is willful and intended to prevent Defendant from receiving financial information to permit Plaintiff's diversion of income from preservation of the marital estate. 14. Defendant believes and avers that Plaintiff has used rental incomes for Plaintiff's personal interests, notwithstanding the accumulation of taxes, unpaid mortgage obligations and additional debts encumbering marital assets. 15. Immediate relief is necessary to enjoin further dissipation of marital assets by: a. Establishing an escrow account under Court supervision for the payment of all rental incomes from all real estate owned by the parties to preserve the assets pending liquidation thereof; and b. Directing that both parties share in the cost of immediately appraising the timber standing at 44 Brandt Lane, Pennsylvania, and upon the submission of timber appraisals to the court, the issuance of a subsequent Order directing the establishing the harvesting of the timber with proceeds paid to an escrow account subject to the Court of Common Pleas jurisdiction to preserve and protect marital assets; and c. Charging of Plaintiff for any attorney fees and costs incurred by Defendant in an amount of $500.00 for 4 enforcement of the June 13, 2008 Order of Court and related Court orders; and 16. Defendant has been unable to properly complete her tax returns due the failure of Plaintiff to provide Corporate 1099 and W-2 information on a timely basis. 17. The entry of a Court Order will protect and preserve marital assets in the event of Plaintiff's personal bankruptcy. 18. Defendant has faxed a copy of this Petition to Plaintiff's attorney prior to filing with the Court, and it is believed that Plaintiff will not consent to the relief requested herein. 19. The Honorable M.L. Ebert, Jr. has previously issued rulings in this case and the Orders of Court for which contempt is based. WHEREFORE, Defendant, Karen J. Brandt, respectfully requests the entry of an Order scheduling a hearing before the Honorable M.L. Ebert, Jr., for the purpose of establishing an escrow account to hold rents received from the lease of jointly owned real estate, directing the appraisal and subsequent sale of standing timber, with proceeds thereof placed in the escrow account pending further Order, and holding Plaintiff in Contempt of Court for failing to comply with prior court orders, together with any other necessary relief. 5 Respectfully submitted, Date: September ~ 2009 Andrew C. Sheely, Esquire PA ID 62469 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) andrewc.sheely@verizon.net 6 VERIFICATION I verify that the statements made in this Petition for Hearing to Protect Marital Assets and Petition for Contempt are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: September 2009 1~ Karen- Brandt Exhibit "A" Y ~M ~ ~ ~ l dip rl'"s A~t~t r+r~ end C~1t1~'+6~Bt1c'S8 ~t1 ~N" ~ ,fit/ '~~~ ~i~~iC ~tf d do ~ ~t1b~- . ~"~ err 1 ~ by,J~~t f~ d ~~ ~, W ~~3 ~! .gym ~. A~l14L ,'~1'~. ! !3~ ~fl'IbN' fit` ~ '~` ?1~ p14~ f1d~ 8~ ~ ~ t`t ayaw cap. ~~ ~~ ~+, Exhibit "B" JAY H. BRANDY, Plaintiff V KAREN J. BRANDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4889 CIVIL TERM CIVIL ACTION - LAW IN RE: PETITION FOR SPECIAL RELIEF TO PRESERVE MARITAL ASSETS ORDER OF COURT AND NOW, this 5th day of May, 2009, after hearing in the above-captioned matter, IT IS HEREBY ORDERED .AND DIRECTED: 1. The Plaintiff shall bring current the back taxes due on 44 Brandt Lane on or before May 29, 2009. Proof of payment of these forms shall be provided to defense counsel immediately upon payment. 2. The Plaintiff shall supply a copy of his Sun Trust Mortgage statement to defense counsel each month and shall bring his mortgage payments current. 3. Plaintiff shall provide a copy of the corporate tax filing for his corporation on or before September 15, 2009. If the date due for the filing of that taxes is later, counsel shall provide it on the date it is filed. 4. Plaintiff shall provide copies of the corporation check register and electronic books that have not been supplied previously. 5. The Plaintiff will pay all back taxes on a regular basis. Failure to do so will immediately result in the creation of an escrow account. ~~~~ ~~ ~~~~ ~~(~,r~~~ ~! ~~t~y ~w i hie er~i1 ss~t m1I r~-~ ~ ~~~~ By the Court, M. L. E ert, Jr., J. Brandt V Brandt 07-4889 Civil Term Petition for Special Relief Page 2 Michael A. Scherer, Esquire For the Plaintiff Andrew C. Sheely, Esquire For the Defendant :mtf CERTIFICATE OF SERVICE I, ANDREW C. SHEELY, hereby certify that I served a true and correct copy of the Petition for Hearing to Protect Marital Assets and Petition for Contempt upon counsel of record on the below listed date by first class mail, postage prepaid, as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 September `1 2009 Andrew C. Sheely, Attorney Z~`Q9S~r -4 ~~ u~ ~ru !I ~ F. ~ ~~ JAY H. BRANDY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. KAREN J. BRANDY, 07-4889 CIVIL TERM Defendant/Petitioner CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this ~)~'" day of ~ 2009, upon consideration of the attached Petition for Hearing to Protect Marital Assets and Contempt, a hearing is scheduled for the ~ day of 2009, at ~:3 ~ ~.m., in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Pending said hearing, Plaintiff is directed to comply with the June 13, 2008 Order of Court and the May 5, 2009 Order of Court. BY THE COURT, M. L. EBERT, Jr., J. " Michael A. Scherer, Esquire Attorney for Plaintiff/Respondent ~ Andrew C. Sheely, Esquire Attorney for Defendant/Petitioner 7~ ~ I ~~ ~~ . Z~~~ $~~ ~ ~ ~~ ~ ~ ~ ~ ~ 1~ ~i Wh'i;7~.i..4tll:~vtJ': ,SAY H. BRANDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA t~ I~.AREN J. BRANDY, 07-4889 CIVIL Defendant IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 15th day of October, 2009, being the t=ime scheduled for hearing on Defendant's Petition for Special Relief, the parties reached the following agreement without the necessity of the scheduled hearing: 1. Plaintiff and Defendant are directed to list the property at 657 Forge Road, Carlisle, Pennsylvania, for sale with William Shearer, ~.ea tor, w : },, iu t}.~e .,= <' "~..: days at an amount of at least $650,000.00. In the event any offers are made on the property, the said offers may be accepted if both parties agree in writing. Absent an agreement, the Court shall resolve whether or not the offer shall be accepted. 2. Plaintiff and Defendant are directed to list the marital residence located at 44 Brandt Lane, Newville, Pennsylvania, for sale with William Shearer, Realtor, within the next 15 days at an amount which includes the value of the home, real estate, and standinq timber. Either party shall have a period of 30 days to obtain an estimar.e of the value of timber and agree to permit a forester reasona.nle access to the property for such purpose. If the parties are unable to agree upon a 4 Brandt V Brandt 07-4889 Civil Page 2 _listing price, both parties shall submit opinions of the estimates to the Court for further hearing. 3. All rent payments received from the use of either property at 657 Forge Road and 44 Brandt Lane shall be used to pay the existing mortgage obligations to the respective banks, subject to the directives of an existing creditor. 4. Neither Plaintiff or Defendant shall sell, transfer, or dispose of any marital personal property within the marital residence or outside of the marital residence without further Order of Court. Plaintiff and Defendant shall provide a list of all marital personal property in each other's possession within a period of 30 days. In the event the parties are unable to agree upon disposition of said marital personal property, the parties shall submit the name of an auctioneer to the Court for t:he purpose of scheduling a public sale of a.11 marital personal property, the proceeds of which shall be held by the Court pending further Order. 5. The real estate located at 657 Forge Road, Carlisle, Pennsylvania, and 44 Brandt Lane, Newville, Pennsylvania, shall not be leased, rented, or used by any other third party, absent further Order of Court, 5. Plaintiff shall provide Defendant. with a complete check register of all corporate activity from 2007 through the Brandt ~~ Brandt 07-4889 Civil Page 3 date of the corporation's filing bankruptcy. 7. Plaintiff shall cooperate with providing any and all corporate documents to Defendant in association with Defendant's federal, state and local tax appeals of any nature or type. Pending further Order of Court the Plaintiff shall comply with this Court's prior Court Orders dated June 13, 2008, and May 5, 2009. By the Court, M. L. Ebert, Jr. , ~j. /~ / Michael A. Scherer, Esquire /r~r the Plaintiff / Andrew C. Sheely, Esquire For the Defendant mtf ~l I lO~l Co~~ t Andrew C. Sheely, Esquire Attorney for Defendant/Petitioner 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net JAY H. BRANDY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. KAREN J. BRANDY, 07-4889 CIVIL TERM Defendant/Petitioner CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF CONCURRENCE OR NON-CONCURRENCE I, Andrew C. Sheely, Esquire, hereby certify that I served a copy of the attached Petition for Contempt upon Michael A. Scherer, Esquire, by fax transmission on November 4, 2009. I furt er state that Michael A. Scherer, Esquire, that he di did no concur with the attached Petition prior to its filing o~ the date set firth below. Date: November .7 2009 AndYew C. Sheely, Es ire Attorney for Defen nt/Petitioner 127 South Market. treet P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 Andrew C. Sheely, Esquire Attorney for Defendant/Petitioner 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net JAY H. BRANDY, : IN THE COURT OF COMMON PLEAS OF PlaintifflRespondent CUMBERLAND COUNTY, PENNSYLVANIA vs. KAREN J. BRANDY, 07-4889 CIVIL TERM Defendant/Petitioner CIVIL ACTION - LAW IN DIVORCE PETITION FOR CONTEMPT OF COURT ORDER DATED OCTOBER 15, 2009 Defendant, Karen J. Brandt, by and through counsel of Andrew C. Sheely, Attorney at Law, hereby files this Petition for Contempt of a Court Order dated October 15, 2009, and respectfully states as follows: 1. On October 15, 2009, the Honorable M. L. Ebert Jr., entered a Court Order following an agreement reached between the parties in the above-captioned docket. A copy of the Order is attached hereto as Exhibit "A". 2. Paragraphs 1 and 2 of the October 15, 2009 Order of Court directed that the parties list their jointly owned real estate for sale within a period of fifteen (15) days of October 15, 2009. 3. Realtor William Shearer of Carlisle, Pennsylvania, was contacted following the October 15, 2009 hearing and Realtor Shearer prepared listing agreements for the sale of 657 Forge Road, Carlisle, Pennsylvania and 44 Brandt Lane, Newville, Pennsylvania in timely fashion. 4. Defendant has executed the listing agreement for both properties. 5. After repeated contacts with Plaintiff from Realtor William Shearer, Plaintiff has refused to sign listing agreement in accordance with paragraphs 1 and 2 of the October 15, 2009 Order of Court. 6. Plaintiff has failed to provide Defendant with a complete check register of all corporate activity from 2007 through the date of the corporation's filing for bankruptcy as required by paragraph 6 of the October 15, 2009 Order of Court. 7. Defendant has repeatedly requested Plaintiff's compliance with prior court orders and has previously filed petitions for special relief seeking compliance with the orders thereby incurring unnecessary and substantial attorney fees in an amount in excess of $250.00. 8. Plaintiff. is in contempt of court for failing to comply with paragraphs 1, 2 and 6 of the Order of Court dated October 15, 2009. z 9. Immediate relief is necessary to protect marital assets, preserve the marital estate and address the claims of creditors. WHEREFORE, Defendant respectfully requests that this Honorable Court schedule an expedited hearing for the purpose of finding Plaintiff in Contempt of Court, directing that Plaintiff assume Defendant's attorney fees in pursuing this petition for contempt and entering an appropriate Order sanctioning Plaintiff with appropriate relief for contempt of court pending Plaintiff's full compliance with all applicable Orders of Court. Respectfully submitted, Date: November ~ 2009 Andrew C. Sheely, squire PA ID 62469 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) andrewc.sheely@verizon.net 3 VERIFICATION I verify that the statements made in this Petition for Contempt are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section. 4904, relating to unsworn falsification to authorities. Date: November ~~' 2009 Karen Brandt Exhibit "A" JAY H. BRANDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V KAREN J. BRANDY, 07-4889 CIVIL De f enda:nt IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 15th day of October, 2009., being the time scheduled for hearing on Defendant's Petition for Special Relief, the parties reached the following agreement without the necessity of the scheduled hearing: 1. Plaintiff and Defendant are directed to list the property at 557 Forge Road, Carlisle, Pennsylvania, for:- sale with William Shearrer., kealtor, wi:.hir~ the ~~.ir:ka ..~~~ days at ari amount of at least $650,000.00. In the event any offers are made'' on the property, the said .offers may be accepted if both parties agree in writing. Absent: an agreement, the Court shall reso'1ve whether or not the offer shall be accepted. 2. Plaintiff and Defendant are directed to list the marital residence located at 44 Brandt Lane, Newville, Pennsylvania, for sale with William Shearer, Realtor, within the next 15 days at an amount which includes the value of the home, real estate, and standing timber. Either party shall Have a period of 30 days t:o obtain an estimate of the value of timber and agree to permit: a forester r_easor~able access to the' property for such purpose. If the parties are unable to agree ~~.zpon a Brandt V Brandt a7-4ss9 civil Page 2 listing price, both parties shall submit opinions of the estimates to the Court for further hearing. 3. All rent payments received from the use of either property at 657 Forge Road and 44 Brandt Lane shall be used to pay the existing mortgage obligations to the respectiv= banks, subject to the directives of an existing creditor. 4. Neither Plaintiff or Defendant shall sell, transfer, or dispose of any marital personal property within the marital residence or outside of the marital residence without further Order of Court. Plaintiff and Defendant shall provide a list of all marital personal property in each other's possession within a period of 30 days. In the event the parties are unable to agree upon disposition of said marital personal property, the parties shall submit the name of an auctioneer to the Court for the purpose of scheduling a public sale of all marital personal property, the proceeds of which shall be held by the Court pending further Order. 5. The real estate located at 657 Forge Road, Carlisle, Pennsylvania, and 44 Brandt Lane, Newville, Pennsylvania, shall not be leased, rented, or used by any other third party, absent further Order of Court. 6. Plaintiff shall provide Defendant with a complete check register of all corporate activity from 2007 through the Brandt V Brandt 07-4889 Civil Page 3 date of the corporation's filing bankruptcy. 7. Plaintiff shall cooperate with providing any and all corporate documents to Defendant in association with Defendant's federal, state and local tax appeals of arty nature or type. Pending further Order of Court the Plaintiff stlall comply with this Court's prior Court Orders dated June 13, 2(:.'08, and May 5, 2009. By the Court, ~~ M. L. Ebert, Jr., Michael A. Scherer, Esquire Far the Plaintiff Andrew C. Sheely, Esquire For the Defendant :mtf a~4~ ~t ~ ~ ~ e ~ ~~. CERTIFICATE OF SERVICE I, ANDREW C. SHEELY, hereby certify that I served a true and correct copy of the Petition for Contempt upon counsel of record on the below listed date by first class mail, postage prepaid, as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 / 2009 November , _ ~r LR ~ ~-~ ~r(~, ZOi:9 ~~J`~ -5 ~ ~= ~ 9 ,--~; i 1 JAY H. BRANDY, v. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 4889 CIVIL TERM KAREN J. BRANDY, Defendant CIVIL ACTION-LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff, Jay H. Brandt, moves the court to appoint a master with respect to the following claims: (x) Divorce (x) Distribution of Property Annulment () Support () Alimony () Gounsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The Defendant, Karen J. Brandt is represented by Andrew C. Sheely, Esquire in this matter. (3) The statutory grounds for divorce are: 3301 (c) (4) The action is contested with respect to the following claims: divorce and equitable distribution. (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any relevant to the motion: not applicable DATE: ~ ~ ~ S' d9 Mic ael A. Scherer, Esquire ORDER APPOINTING MASTER AND NOW, this day of , 2009, E. Robert Elicker, III, Esquire is appointed master with respect to the following claims: divorce and equitable distribution. BY THE COURT, J. F{I..~~JN~ 1CE ~F ?H~ ~F~T~-~~"~~~'~RY Z~Q9 NOV -6 ~ t ! ~ 2 I CU~t:~r ..~f1`. i~' NOV 0 91009 /~ JAY H. BRANDY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. KAREN J. BRANDY, Defendant NO. 2007 - 4889 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff, Jay H. Brandt, moves the court to appoint a master with respect to the following claims: (x) Divorce (x) Distribution of Property () Annulment () Support () Alimony () Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The Defendant, Karen J. Brandt is represented by Andrew C. Sheely, Esquire in this matter. (3) The statutory grounds for divorce are: 3301(c) (4) The action is contested with respect to the following claims: divorce and equitable distribution. (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any relevant to the motion: not applicable DATE: ~ ~ ~ Sr o9 r Mic ael A. Scherer, Esquire ORDER APPOINTING MASTER AND NOW, this 9~` day of `lt.bt~~~t. , 2009, E. Robert Elicker, III, Esquire is appointed master with respect to the following claims: divorce and equitable distribution. ,- BY COU , ,,, 1 G J. F!!l-_i~-~~t~1CE ~F ~ Pi ~T~_~~?Nt7TARY ZIlI19 N0~ -6 ~~ I 1 ~ 21 GU~r r : ''~Ji~,Y' ~....~ 14ti1~1 ~,J ~~i.~ fii~~~ ~~ ~ ~~~~. 2QI39 ~~~ 1 Q ~~~~ I ~ ~~ CUw~: .. ~ 'v~"Y ~. .~ ., CIVIL ACTION-LAW IN DIVORCE ANSWER TO PETITION FOR CONTEMPT OF COURT ORDER DATED OCTOBER 15. 2009 AND NOW, comes the Plaintiff, Jay H. Brandt, by and through his counsel, JAY H. BRANDY, v. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-4889 CIVIL TERM KAREN J. BRANDY, Defendant Michael A. Scherer, Esquire, and respectfully answers Defendant's petition for contempt as follows: 1. - 4. Admitted. 5. Denied. Jay Brandt signed the listing agreement for 657 Forge Road (rental property) on November 6, 2009 and 44 Brandt Lane (marital residence) on November 10, 2009. Husband's delay in signing the listing agreements was as a result of information he received from his bankruptcy attorney. 6. Denied. On or about November 6, 2009, undersigned counsel sent Wife's counsel an email with an attachment with the corporate check register from March until October of 2009. Husband's bookkeeper reports that there is no information available for February as prior, temporary employees hired in February, 2009 were not inputting financial data into the computer due to lack of knowledge of the bookkeeping software. Husband believes that his prior bookkeeper gave all of the corporate check registers to Wife directly, or made them available to Wife, through the period ending December, 2008. Wife has appeared at the corporate office after hours and has had access to all corporate information. .a 7. Husband has attempted to comply with the Court Orders but has had difficulty doing so under circumstances where there is now only has one office person, a computer crash in June, 2009. caused a month's worth of data to be lost which took two months to re-input and where the business bankruptcy and bank meetings have overwhelmed Husband. 8. Denied. Husband has not willfully violated any Court Orders. 9. Denied. There are no marital assets to preserve. The debt of the parties far exceeds the value of any assets, which has been the case since the day these parties separated. The only assets of any value are the two pieces of real estate, both of which are encumbered by mortgages far beyond their fair market value. Husband has filed a motion to appoint the divorce master in an effort to end he marriage and apportion the debt between the parties. WHEREFORE, Plaintiff requests your Honorable Court to dismiss Defendant's petition. Respectfully submitted, O'BRIEN, BARK & SCHERER M c a A. cherer, Esquire Date: November 12, 2009 I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff JAY H. BRANDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007 -4889 CIVIL TERM KAREN J. BRANDY, CIVIL ACTION -LAW Defendant IN DIVORCE VERIF1CATiON I verify that the statements made in this Answer to Defendant's Petition for Contempt are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: November 12 , 2009 -~ `7 Jay H. Brandt 4 CERTIFICATE OF SERVICE I hereby certify that on November 12, 2009, I, Jennifer S. Lindsay, secretary at O'Brien, Baric & Scherer, did serve a copy of an Answer To Petition For Contempt Of Court Order Dated October 15, 2009, by U.S. First Class ,postage prepaid, to the party listed below, as follows: Andrew C. Sheely, Esquire 127 South Market Street Mechanicsburg, Pennsylvania 17055 ~~~rt~.+ ~ir vM J'... Cl1Ul I1~t~ 2 !~ 1 3~ L' ~~ ,, , :.- ~,,-j~ ,, L ~.._ _.. ~'LJti a.)~~b JAY H. BRANDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007-4889 KAREN J. BRANDY, CIVIL ACTION -LAW Defendant IN CUSTODY PETITION FOR CONTEMPT 1. The petitioner is Jay H. Brandt (hereinafter referred to as "Father"), an adult individual currently residing at 44 Brandt Lane, Newville, Cumberland County, Pennsylvania, 17241. 2. The respondent is Karen J. Brandt (hereinafter referred to as "Mother"), an adult individual currently residing at 46 Mt. Rock Road, Newville, Cumberland County, Pennsylvania, 17241. 3. The parties are the parents of Olivia L. Brandt born July 3, 1993. 4. The parties are governed by an Order dated September 26, 2007, a copy of which is attached hereto as "Exhibit A". 5. Father has periods of partial physical custody pursuant to the Order on alternating weekends and on Wednesday evenings. 6. Mother refuses to allow Father to have his periods of partial physical custody pursuant to the Order. 7. Undersigned counsel contacted Mother's counsel, Andrew Sheely, Esquire, regarding Mother's refusal to allow Father to have his periods of partial physical custody pursuant to the Order, and attorney Sheely made a reference to paragraph four of the Order requiring counseling. Father participated in the counseling required by paragraph four of the Order. 8. The Honorable Edward Guido signed the custody Order in this case. WHEREFORE, undersigned counsel respectfully requests this Honorable Court find Mother in contempt for refusing Father his periods of partial physical custody under the Order and fine Mother and award Father his filing fees and counsel fees of $500.00 in this matter. Respectfully submitted, O'BRIEN, BARK & SCHERER ich I A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 w .. . JAY H. BRANDY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KAREN J. BRANDY, Defendant N0.2007-4889 CIVIL ACTION -LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing Petition for Contempt are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities.:! ~ L% ,Jay H. Brandt Date: November 12 , 2009 - JAY H. BRANDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2007-4889 CIVIL ACTION -LAW KAREN J. BRANDY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of , 2007, upon consideration of the attached Custody Concilia ion Report, it is ordered and directed as follows: 1. The Father, Jay J. Brandt and the Mother, Kazen J. Brandt, shall have shazed legal custody of Samuel C. Brandt, born October 22, 1990 and Olivia L. Brandt, born July 3, 19993. Each pazent shall have an equal right, to be exercised jointly with the other pazent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regazding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each pazent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other pazent. To the extent one pazent has possession of any such records or information, that pazent shall be required to shaze the same, or copies thereof, with the other pazent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regazd to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cazds. Additionally, each pazent shall be entitled to receive copies of any notices which come from school with regazd to school pictures, extracurriculaz activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children as follows: A. Beginning Friday, September 26, 2007 alternating weekends from Friday after school to Sunday at 8:00 p.m. B. Every Wednesday evening unti18:00 p.m. C. Such other times as the parties agree "EXHIBIT A" 4. The parties and the children shall cooperate with family counseling. Father shall be responsible for contacting Paul Clemans to schedule counseling and contact Mother with the counseling schedule. 5. Transportation shall be shared as agreed by the parties. 6. The parents shall communicate with each other concerning the children's social activities and this custody order. Such contact shall not violate the PFA Order. 7. Neither party may use alcohol to the point of intoxication or illegal drugs prior to or during their periods of physical custody of the children. All alcohol and prescription drugs in the homes shall be properly secured so that the children may not access it. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for November 19, 2007 at 8:30 a.m. BY J. cc: Michael A. Scherer, Esquire, Counsel for Father Andrew Sheely, Esquire, Counsel for Mother TRt1~ CQPY In Testimony whereof, and~e seat of saFd Gi ~... FROM RECORD I n~; a unto set my hard -urt ~arlisi~, Pa. of Prothonofery JAY H. BRANDY, Plaintiff V. KAREN J. BRANDY, Defendant PRIOR JUDGE: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-4889 CIVIL ACTION -LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Samuel C. Brandt October 22, 1990 Mother Olivia L. Brandt July 3, 1993 Mother 2. A Conciliation Conference was held in this matter on September 25, 2007, with the following in attendance: The Father, Jay H. Brandt, with his counsel, Michael A. Scherer, Esquire, and the Mother, Karen J. Brandt, with her counsel, Andrew Sheely, Esquire. 3. The Honorable Kevin A. Hess entered an Order of Court dated June 14, 2007 providing for Father to have physical custody of the children for Father's Day weekend. A PFA Order was also entered by the Honorable Kevin A. Hess at Docket No. 06-2283 dated Apri126, 2006 providing for Mother to have primary physical custody of the children and Father having periods of partial physical custody/visitation as agreed. Father also admitted to being in contempt to the PFA in 2007. 4. The parties agreed to an Order in the form as attached. Date - cqu ne M. Verney, Esquire Custody Conciliator CERTIFICATE OF SERVICE I hereby certify that on November 12, 2009, I, Jennifer S. Lindsay, secretary at O'Brien, Baric & Scherer, did serve a copy of the Petition For Contempt, by U.S. First Class ,postage prepaid, to the party listed below, as follows: Andrew C. Sheely, Esquire 127 South Market Street Mechanicsburg, Pennsylvania 17055 209 ~~ t 2 ~'~1 c.• r, r `` . , a,, JAY H. BRANDY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. KAREN J. BRANDY, DEFENDANT NO. 07-4889 CIVIL IN RE: PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 16th day of November, 2009, upon consideration of Defendant, Karen J. Brandt's Petition for Contempt of Court Order dated October 15, 2009, ad the Plaintiff s Answer thereto, IT IS HEREBY ORDERED AND DIRECTED that the Petition for Contempt is DENIED. The Parties shall proceed with the appointment of the Divorce Master to apportion their assets and debts accordingly. By the Court, M. L. Ebert, Jr., J. Michael A. Scherer, Esquire Attorney for Plaintiff .iAndrew C. Sheely, Esquire Attorney for Defendant bas `~, F~LkCr-~~~~~' 70~~ Gov ~ ~ ~ ~~~ a A JAY H. BRANDY, v. Plaintiff KAREN J. BRANDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-4889 CIVIL ACTION -LAW IN CUSTODY ORDER AND NOW, this ~~ day of November, 2009, upo~~nlconsider ofcJth~ p~ Petit for Contem t file ~ he~er, Jax H ,~ndt, trhlE*aTfTR,~'s'h'~i ~e my B T, Edward E. Guido, J. / Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 ndrew C. Sheely, Esquire 127 South Market Street Mechanicsburg, Pennsylvania 17055 ~p~es .na~~c~. !/~14~c1f _ ~~~~~ ~1i..~C}''•~~ Eve ~~. I t`i~ ter ~ ~ E" ~4~~/ 9 fi'1~"1 Z~~g ~~ ~ ~ ~~+ ~~ L~ Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) JAY H. BRANDT, Plaintiff VS. KAREN J. BRANDT, Defendant : IN THE COURT OF COMMON PL OL - DN*q : CUMBERLAND COUNTY, PENNSY I 'i- ' -t3 Lt : 07-4889 CIVIL TERM : CIVIL ACTION - LAW -;' : IN DIVORCE --- AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 17, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. DATE : G .y Jays . Brandt Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) JAY H. BRANDT, Plaintiff VS. KAREN J. BRANDT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 07-4889 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE t. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 53301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning M 7-117 N -n alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce decree is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. i DATE : J, y H . Brandt ..gym cam; Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) JAY H. BRANDT, Plaintiff VS. KAREN J. BRANDT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA • 1? n V b -71 . 07-4889 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 17, 2007. Andrew C. Sheely, Esquire accepted service of the divorce complaint on August 20, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. DATE : Kau, -- 4 Karen J. Brandt Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) JAY H. BRANDT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. KAREN J. BRANDT, Defendant : 07-4889 CIVIL TERM : CIVIL ACTION - LAW "w= : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER $3301 (C) OF THE DIVORCE CODE D : _a 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce decree is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. DATE : 19 Ull ?4 n- Karen J. Brandt JAY H. BRANDT, Plaintiff v. KAREN J. BRANDT, Defendant (`) ",, IN THE COURT OF COMMON PL€.4 Old . CUMBERLAND COUNTY, PENNEIWISgA ? - -°rn NO. 2007 - 4889 CIVIL TERM V-5 ST CIVIL ACTION-LAW _c`? XF3 IN DIVORCE ?^•' ? co PRAECIPE It appearing that the Master's report in the above stated case has been filed for ten (10) days, that no exceptions have been filed thereto, that the costs have been fully paid and that all the requirements of law and the Rules of Civil Procedure have been met, you are hereby directed to submit the said case to the Court of Common Pleas of Cumberland County, Pennsylvania, at the next sitting thereof. M /? "X ?/ /.-- ? - i h el A. herer, Esq. Attorney for the Plaintiff To: 12,1 ?. b Prothonota Date: ' I, David Buell, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, do hereby certify that the costs in the above stated case, have been paid, including the Master's fee. Prothonotary JAY H. BRANDT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY , PENNSYLVANIA Vs. CIVIL ACTION - LAW c W M KAREN J. BRANDT, NO. 2007-4889 ' ?rT Defendant IN DIVORCE ,?z rv p° PRAECIPE TO TRANSMIT RECORD an ? w TO THE PROTHONOTARY: - :? Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant's attorney Andrew C. Sheely, Esquire signed the Acceptance of Service on August 20, 2007. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff on March 1, 2011; and Defendant on March 1, 2011. B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: None served as the parties signed the Waiver of Notice. Defendant on March 1, 2011 and Plaintiff on March 1, 2011. Respectfully submitted, I&- Mich I A. Scherer, Esquire JAY H. BRANDY, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW NO. 07 - 4889 CIVIL KAREN J. BRANDT, Defendant IN DIVORCE ORDER OF COURT IN RE: ALIMONY A AND NOW, this 0 day of 2011, it is hereby Ordered and Decreed that Plaintiff, Jay H. Brandt, Jr., shall pay Defendant, Karen J. Brandt, alimony in the amount of one dollar ($1.00) per month, in accordance with the Master's Report filed on March 11, 2011. BY THE COURT, 1*?-? APPEARANCES: ? Michael A. Scherer, Esquire Attorney for Plaintiff Andrew C. Sheely, Esquire Attorney for Defendant Hailed 4Ijglll 00 O R? T1 O Ti = rn a? -0 3 Gb m K J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAY H. BRANDT V. KAREN J. BRANDY : N0. 2007-4889 DIVORCE DECREE AND NOW, A r %\ \ ° , V)1\ , it is ordered and decreed that JAY H. BRANDT , plaintiff, and KAREN J. BRANDT , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None By the Court, ?k t?- V - Aft st: J. Prothonotary I r4?i? - &-r: Copy rro i )6 r Sherer N aFtee + Copy maa Wd *b Mr1 &eel Y