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HomeMy WebLinkAbout07-6668IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN J. GARRETT, Plaintiff vs. RICHARD H. GARRETT, Defendant . NO. 07-1cW$ am I lF I' 'm : 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 relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the grounds 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 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ASSISTANCE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO PARA DEFENDER Y RECLAMAR DERECHOS USED HA SIDO DEMANDADO EN LA CORTE. Si desea defederse de las quejuas expuestas en las paginas siquientes, debe tomar accion con prontitud. Se le avisa que si not se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades y otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimona, usted puede solicitar consejo matrimonial. Una lists de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court House, Carlisle, Pennsylvania 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO Y OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telefono: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN J. GARRETT, NO. o - G G G '7 " Plaintiff vs. RICHARD H. GARRETT, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING KATHLEEN J. GARRETT, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I Participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date: /d 6VEEN J. SET r ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN J. GARRETT, Plaintiff vs. RICHARD H. GARRETT, Defendant NO. d ?- G 4 &F CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this 25th day of October 25, 2007, comes the Plaintiff, Kathleen J. Garrett, by her attorney, G. Patrick O'Connor, Esquire, Office of G. Patrick O'Connor Esquire, and files the following Complaint in Divorce whereof the following is a statement: 1. The Plaintiff, Kathleen J. Garrett, is an adult individual who currently resides at 1709 Edgar Lane, Camp Hill, Cumberland County, pA 17011. 2. The Defendant, Richard H. Garrett, is an adult individual who currently resides at 1709 Edgar Lane, Camp Hill, Cumberland County, PA 17011. 3. The Plaintiff and Defendant were married on or about May 16, 1970, and separated on or about April 1, 2006. 4. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 5. There have been no prior actions of divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. Both the Plaintiff and Defendant are sui juris and are citizens of the United States. 8. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. WHEREFORE, the Plaintiff request your Honorable Court'to enter a decree divorcing the Plaintiff and Defendant absolutely. COIATI, CLAIM FOR EQUITABLE DISTRIBUTION SECTION 3502 OF THE DIVORCE CODE DER 9. The preceding paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The Plaintiff and Defendant have acquired property during their marriage, which is subject to equitable distribution by this Court. 11. The Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, the Plaintiff requests this Honorable Court to divide all marital property pursuant to Section 3501 and 3502 of the Divorce Code prior to the entry of the final divorce decree. COUNT III CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 12. The preceding paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 13. The Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to support herself adequately through appropriate employment. 14. The Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff request your Honorable Court to enter an award of alimony in her favor. COUNT IV CLAIM FOR COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 15. The preceding paragraphs of this complaint are incorporated herein by reference as though set forth in full. 16. The Plaintiff has retained counsel and will be put to considerable expense in preparation of her case in the employment of counsel and payment of costs. 17. The Plaintiff is without adequate funds to meet the costs and expenses of this litigation in the absence of a reasonable contribution by Defendant. WHEREFORE, the plaintiff requests your Honorable Court to enter an award of counsel fees, costs and expenses as deemed appropriate property Pursuant to Section 3501 and 3502 of the Divorce Code prior to the entry of the final divorce decree. Respectful) submitted, G. Patrick O'Connor, Esquire Attorney for plaintiff 3105 Old Gettysburg Road Camp Hill, PA 17011 Phone: 717-73 7-7760 VERIFICATION I, KATHLEEN J. GARRETT, state that I am the PLAINTIFF in the above- captioned case and that the facts set forth in the foregoing are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa.C.S. Sec. 4904. &THLEEN J. G TT Date: 10-25-07 wJ '"3 }}??y Sts S L LA ? O W r VS. Rt CHA-fib 14. GA*R- l7- R &&6t In the Court of Common Pleas of Cumberland County, Pennsylvania No. U 7- ? 4, 4 / civil-20-07-- To TO Prothonotary 19 i Attorney for Plaintiff No. Term, 19 vs. PRAECIPE Filed 19 Atty. 19169 (101F ° . 1'7c A-UV vd 00 -ft '? . 118 01 330 LOOZ 3A ?O SHERIFF'S RETURN - REGULAR CASE NO: 2007-06668 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GARRETT KATHLEEN J VS GARRETT RICHARD H MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon ('-AT?'P77P RTrWAT?n W the DEFENDANT , at 1905:00 HOURS, on the 7th day of January , 2008 at 1709 EDGAR LANE CAMP HILL, PA 17011 by handing to RICHARD GARRETT a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 26.88 Postage .58 Surcharge 10.00 00 5 5 . 4 6 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 01/08/2008 G PATRICK O'CONNOR By. Deputy Sheriff A. D. c ? Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, Pa 17110 Telephone:(717) 238-6570 Facsimile:(717) 238-4809 EmaiLicunnin imna,cclawpc.com Attorneys for Plaintiff KATHLEEN J. GARRETT, Plaintiff V. RICHARD H. GARRETT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6668 Civil Term CIVIL ACTION - LAW IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes your Plaintiff, Kathleen J. Garrett, by and through her counsel, Cunningham and Chernicoff, P.C., and petitions this Honorable Court as follows: 1. The Petitioner/Plaintiff is Kathleen J. Garrett, who currently resides at 171 Vine Street, Kreamer, Pennsylvania. 2. The Respondent/Defendant, Richard H. Garrett, who currently resides at 1709 Edgar Lane, Camp Hill, Cumberland County, Pennsylvania. 3. Petitioner and Respondent were married on May 16, 1970 in New Cumberland, Pennsylvania and have lived separate and apart for approximately a year. 4. Petitioner is without the ability to earn income and/or is without the financial resources sufficient to meet her reasonable needs and to prosecute the pending divorce action. ti 5. Petitioner is in need of alimony pendente lite ("APL") to adequately pursue her rights in the pending litigation. Respectfully submitted, WHEREFORE, Petitioner, Kathleen J. Garrett, respectfully requests that this Honorable Court order alimony pendente lite in an amount consistent with the Pennsylvania State Support Guidelines. COFF, P.C. By: P. O. Box 60457 Harrisburg, PA 17106-0457 Date: 3 6 S( (717) 238-6570 F:\Home\AHEWITT\DOCS\G-I\GARRETT, KATHLEEN\APL PETITION 060308.wpd Attorney I.D. No. 23144 2320 North Second Street CERTIFICATE OF SERVICE I do hereby state that on the 13 day of June, 2008, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Samuel L. Andes, Esquire 525 North 12`' Street P.O. Box 168 Lemoyne, PA 17043 Ang 1 Legal Assistant Q c? - .--? ?' '. ? 1 ? _ . -- ..?a s { F'1 i ?. .,.ATHLEEN J. GARRETT, Plaintiff V. RICHARD H. GARRETT, Defendant KATHLEEN J. GARRETT, Plaintiff/Petitioner V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION PACSES NO. 436109317 DOCKET NO. 560 SUPPORT 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION RICHARD H. GARRETT, PACSES NO. 184110076 Defendant/Respondent DOCKET NO. 07-6668 CIVIL INTERIM ORDER OF COURT AND NOW, this 6th day of June, 2008, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $90.00 per month effective June 3, 2008. B. The Wife's complaint for spousal support is dismissed. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. By the , Edward E. G Ado, J. Cc: Kathleen J. Garrett Richard H. Garrett Jordan D. Cunningham, Esquire For the Plaintiff Samuel L. Andes, Esquire For the Defendant DRO KATHLEEN J. GARRETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION RICHARD H. GARRETT, PACSES NO. 436109317 Defendant DOCKET NO. 560 SUPPORT 2007 KATHLEEN J. GARRETT, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION RICHARD H. GARRETT, PACSES NO. 184110076 Defendant/Respondent DOCKET NO. 07-6668 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on June 3, 2008, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff/Petitioner is Kathleen J. Garrett, who resides at 171 Vine Street, P.O. Box 214, Kreamer, Pennsylvania; she will hereafter be referred to as "the Wife." 2. The Defendant/Respondent is Richard H. Garrett, who resides at 1709 Edgar Lane, Camp Hill, Pennsylvania; he will hereafter be referred to as "the Husband." 3. The parties were married on May 16, 1970. 4. On November 1, 2007 the Wife filed a complaint for divorce. 5. In early March, 2008 the Wife moved from the marital residence. 6. The Husband continues to reside in the marital residence. 7. Three children were born of the marriage and are now emancipated. 8. On June 3, 2008 the Wife filed a petition for alimony pendente lite in the divorce action. 9. The Wife is 56 years of age and is a high school graduate. EXHIBIT "A" 10. The Wife served as a legal secretary until 1975. 11. After 1975 the Wife was primarily a homemaker although she did work for a number of years in a company started by the Husband which was engaged in the manufacture of electronic components for the computer industry. 12. The Wife began part-time employment as a sales representative for Sherwin Williams in 2006. 13. The Wife earned slightly more than $9.00 per hour at Sherwin Williams and had gross annual income of $10,744.00 for 2007. 14. The Wife voluntarily left Sherwin Williams on or about March 1, 2008 to accept full- time employment with the Pennsylvania School Board Association. 15. The Wife earned $13.40 per hour for PASBA. 16. The Wife was involuntarily terminated by PASBA after only 10 days of employment because she lacked the skills required for the position. 17. The Wife currently receives $127.00 per week in unemployment compensation benefits. 18. The Wife has recently taken training to learn various computer software programs including Microsoft Office and Power Point. 19. The Wife is reviewing employment opportunities on internet postings with hourly rates in the range of $7.15 to $11.00 but has yet to find employment. 20. The Wife currently resides with a male friend who is assisting her financially. 21. The Husband is 56 years of age and is a college graduate. 22. The Husband incorporated a company engaged in the manufacture of electronic components for the computer industry. 23. The Husband's company went out of business in 2004 because the major computer manufacturers began outsourcing their need for electronic components to overseas manufacturers. 24. The Husband obtained a license to sell real estate after his business closed. 25. The Husband had net profit from real estate sales in 2005 of $34,914.00. 2 26. In 2005 the broker for whom the Husband worked did not charge him desk fees and miscellaneous other overhead costs. 27. In 2006 the Husband's net profit dropped drastically because of fees charged by his broker. 28. In May, 2007 the Husband formed Blue Heron Marketing, LLC, a limited liability company engaged in the business of marketing electronic components. 29. The Husband continues to be a real estate sales agent but primarily devotes his work efforts to being a sales representative for electronic components. 30. The Husband's only real estate listings are the martial residence and a home which the Husband and his brother acquired from the Husband's mother. 31. The Husband reported a net loss for tax purposes for 2007 combining his income and expenses as a real estate agent and as a manufacturer's sales representative. 32. The monthly payment for the first mortgage encumbering the martial home is approximately $2,500.00. 33. The Husband has paid the first mortgage through May, 2007. 34. The monthly payment on a second mortgage encumbering the marital residence is approximately $750.00. 35. The Husband is three months in arrears on the second mortgage. 36. The Husband now owns his mother's former home jointly with his brother. 37. The Husband received $50,000.00 of mortgage proceeds from a loan on said home. 38. The Husband is utilizing said mortgage proceeds to pay the expenses of the marital home as well as his personal living expenses. 39. In 2006 the parties liquidated stock and other assets worth approximately $176,349.00. 40. In 2007 the parties liquidated stock and other assets worth approximately $22,747.00. 41. In 2007 the Husband liquidated an annuity worth $61,930.00. 42. In 2007 the Husband liquidated his IRA worth $65,000.00. 43. All of the funds received from liquidation of assets have been depleted. 3 DISCUSSION The wife advised this Master that she was withdrawing her complaint for spousal support and that she wished to proceed only on her claim for alimony pendente lite. Therefore, the complaint for spousal support will be dismissed. In Clouse v. Clouse, 50 Cumberland L.J. 167, 170 (2001) the Honorable J. Wesley Oler discussed the law of Pennsylvania as it relates to the subject of alimony pendente lite wherein he stated: The determination of whether to award alimony pendente lite has traditionally been a matter within the sound discretion of the trial court. Litmans v. Litmans, 449 Pa. Superior Ct. 209, 222, 673 A.2d 382, 388 (1996) (citing Murphy v. Murphy, 410 Pa. Superior Ct. 146, 599 A.2d 647 (1991), appeal denied, 530 Pa. 633, 606 A.2d 902 (1992), cert. denied, 506 U.S. 868, 113 S.Ct. 196, 121 L.Ed. 2d 139 (1992)). APL is based on the need of one spouse to have the financial resources to pursue or defend a divorce action. itmans, supra at 222, 763 A.2d at 388. The claimant must show that APL is needed to adequately preserve his or her rights in the litigation. Sutliff v. Sutliff, 326 Pa. Superior Ct. 496, 500, 474 A.2d 599, 600 (1984), overruled on other grounds, Rosen v. Rosen, 520 Pa. 19, 549 A.2d 561 (1988). In this regard, the Pennsylvania Superior Court has stated that "a spouse seeking alimony pendente lite who has sufficient assets to meet the needs of the pending litigation and who is equally situated with the other spouse to maintain or defend the action, will not be awarded alimony pendente lite." Powers v. Powers, 419 Pa. Superior Ct. 464, 467, 615 A.2d 459, 460 (1992). In adjudicating a claim for alimony pendente lite, a court should consider the following factors: "the ability of the other party to pay; the separate estate and income of the petitioning party; and the character, situation, and surroundings of the parties." Litmans, supra. at 224, 673 A.2d at 389. Once entitlement to an award of alimony pendente lite is established, the calculation of the amount of the award is made pursuant to the support guidelines. Little v. Little, 47 Cumberland L.J. 131 (1998). In determining a party's ability to pay a support obligation, the focus is on earning capacity, not on actual earnings. Mooney v. Doutt , 766 A.2d 1271 (Pa. Super. 2001); Strawn v. Strawn, 664 A.2d 129 (Pa. Super. 1995.) A party's earning capacity is that amount he or she can realistically be expected to earn under the circumstances considering his or her age, health, physical and mental condition, education and training. Riley v. Foley, 783 A.2d 807 Pa. Super. 2001). The Wife currently has no actual earnings because she has been unemployed since March, 2008. She earned $10,744.00 in 2007 working part-time for Sherwin Williams at an hourly rate of approximately $9.00. She clearly has the ability to secure and maintain gainful employment. She is currently attempting to find entry level employment in the 4 administrative/clerical field. Although the Wife recently retained employment earning $13.40 per hour, she was terminated after only 10 days because she lacked the skills necessary to perform the duties of the position. The Wife has demonstrated the ability to earn $9.00 per hour in a part-time sales position. Considering her present age (56) and the significant length of time (33 years) since she last worked in the administrative/clerical field an earning capacity of $300.00 per week will be imputed to her for support purposes. With this income and a tax filing status of married/separate, her net monthly earning capacity is $1,091.00.' The Husband reported a loss for tax purposes from his employment as a real estate sales agent and a manufacturer's sales representative for 2007. There is no question that the Husband possesses marketable skills. He formed and operated a company that manufactured electronic components for the computer industry. At its peak the company generated income of several hundred thousand dollars annually. Unfortunately and through no fault of the Husband, the company was the victim of outsourcing. Overseas companies could manufacture and sell the same components produced by the Husband's company at a price less than the Husband's material costs alone. The record does not support an earning capacity the Husband might have if he were to obtain employment working for an established company in the electronics field such as Tyco Electronics or Phoenix Contact. It is error for a trier of fact to sua s me obtain internet evidence of employment opportunities or earnings information in order to impute an earning capacity to a party. Ney v. Ney, 917 A.2d 863 (Pa. Super. 2007). Consequently this Master must look only at the Husband's demonstrated efforts in self-employment. For whatever reason, the Husband chose to go into real estate sales after his company closed. He has not been successful in this endeavor. More recently, in May, 2007 the Husband decided to form a company to become a sales representative for manufacturers of electronic components. He and his partner cover a geographical area from Long Island, New York to Virginia. The business has been operating for approximately one year. Quite simply it is too early to tell what the Husband's potential earning capacity as a manufacturer's sales representative would be. In the interim an earning capacity based upon demonstrated earnings of a sales representative only will be utilized to calculate his support order as the Husband maintains his real estate sales license only because he is the listing agent for the sale of the marital residence and the Husband's mother's former home. The Husband earned gross profit for a partial year in 2007 of approximately $44,000.00 as a sales representative.2 The Husband consolidated expenses as a real estate sales agent and as a manufacturer's sales representative on his 2007 schedule C. Some of the expenses, for example the $12,600.00 desk fee, are distinguishable as being solely real estate related. This determination cannot be made with accuracy on the remaining expenses. For purposes of calculation of the support obligation, the total expenses will be divided ' See Exhibit "A" for the tax deductions from gross income. z The Husband testified that only approximately $1,500.00 of the 2007 gross profits shown on his Schedule "C" represented income earned as a real estate agent. approximately in half resulting in $23,000.00 being incurred as a sales representative. This will result in a net profit of $21,000.00 for support purposes and a net monthly after-tax earning capacity of $1,315.00.3 With a net monthly earning capacity for the Wife of $1,091.00 and for the Husband of $1,315.00, the Husband's obligation for alimony pendente lite under the guidelines is $90.00 per month.4 While this Master believes that the Husband has a significantly higher earning capacity as an employee of an established electronics manufacturer, the record was devoid of evidence sufficient to make this conclusion. Consequently this minimal order must be recommended at the present time. RECOMMENDATION A. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $90.00 per month effective June 3, 2008. B. The Wife's complaint for spousal support is dismissed. 200 6, D e K L,,L Michael R. Rundle Support Master 3 See Exhibit "B" for the tax deductions from gross income. a See Exhibit "B" for the calculation. 6 In the Court of Common Pleas of Cumberland County, Pennsylvania 41 L S Plaintiff Name: Kathleen J. Garrett Defendant Name: Richard H. Garrett Docket Number: 07-6668 Civil PACSES Case Number: 184110076 Other State ID Number: Tax Year: Current: 2008 ?NL Piff 1. Tax Method 1040 ES 1040 ES 2. Fling Status Married Filing Separately Married Filing Separately 3. Who Claims the Exemptions Obli gee 4. Number of Exemptions 1 1 5. Monthly Taxable Income $1,750.00 $1,300.00 6. Deductions Method Standard Standard 7. Deduction Amount $454.17 $454.17 8. Exemption Amount $291.67 $291.67 9. Income MINUS Deductions and Exemptions $1,004.16 $554.16 10. Tax on Income $117.19 $55.42 11. Child Tax Credit - - 12. Manual Adjustments to Taxes - - 13. Federal Income Taxes $117.19 $55.42 13 a. Earned Income Credit - - 14. State Income Taxes $55.30 $41.08 15. FICA Payments $245.00 $99.45 16. City Where Taxes Apply --Select-- --Select-- 17. Local Income Taxes $17.50 $13.00 TOTAL Taxes $434.99 $208.95 SupportCak 2007 EXHIBIT ".A" In the Court of Common Pleas of Cumberland County, Pennsylvania h C y? 1 4 i y t {?„ y 1 ?fH'`<F r?? ry_ r 2? ii !ta ? t 1 7 , It 1. . A Plaintiff Name: Kathleen J. Garrett Defendant Name: Richard H. Garrett Docket Number: 07-6668 Civil PACSES Case Number: 184110076 Other State ID Number: 1.Obligor's Monthly Net Income $1,315.01 2. Less All Other Support - 3. Less Obligee's Monthly Net Income $1,091.05 4. Difference $223.96 5. Less Child Support Obligation for Current Case - 6. Difference $223.96 7. Multiply b 30% or 40% 40.00% 8. Income Available for Spousal Support $89.58 9. Adjustment for Other Expenses - 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $89.58 Prepared b : mrr Date: 6/6/2008 SupportCalc 2008 EXHIBI'T' "Li" C?'3 `? e?{? ? ,y ? ?.,,. =.' ?. ? .+` ?. 7 ? ?? { -? 3 tF } ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 06/06/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number D'ANGELO REALTY GROUP, INC 618 BRIDGE ST NEW CUMBERLAND PA 17070-2091 @Origi nal Order/Notice OAmended Order/Notice (Terminate Order/Notice (Done-Time Lump Sum/Notice :GARRETT, RICHARD _ Employee/Obligor's Name (Last, First, MI) ? I I 202-42-6642 L_(J L? Employee/Obligor's Social Security Number o 3143101852 Q - ? ?f q ?I r i l Employee/Obligor's Case Identifier V v / LJ (Se Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee'slobligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 90.00 $ 0.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment Arrears 12 weeks or greater? Dyes ® no for a total of $ go. oo per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ -'1 !o per weekly pay period. $ 45.00 per semimonthly pay period (twice a month) $ t_l 1 . 62 per biweekly pay period (every two weeks) $ 90.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydateldate of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Identifier) OR SOCJLSEC?URITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 3 Worker ID $ IATT C-) rv a ?i not ?-C" ? co N ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS E] If heck you are required to U vide a opy of this form to your m loyee. If yo r employee orks in a state that is dierent from the state that issued this order, a copy must be provi?edpto your employee even if tie box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 225500242 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:GARRETT, RICHARD EMPLOYEE'S CASE IDENTIFIER: 3143101852 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by intemet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970.0154 Form EN-028 Rev. 3 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GARRETT, RICHARD PACSES Case Number 184110076 Plaintiff Name KATHLEEN GARRETT Docket Attachment Amount 07-6668 CIVIL$ 90.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. .... .. ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 3 Service Type M OMB No.: 0970-0154 Worker I D $ IATT Q ° cra w ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 06/30/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number D'ANGELO REALTY GROUP, INC 618 BRIDGE ST NEW CUMBERLAND PA 17070-2091 202-42-¢642 Employee/Obligor's Social Security Number 3143101852 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee'slobligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ o. oo per month in past-due child support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ o. oo per month in current spousal support $ 0.00 per month in past-due spousal support $ o . oo per month for genetic test costs $ 0.00 per month in other (specify) $ one-time lump sum payment for a total of $ o . o o per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0.00 per weekly pay period. $ o. oo per semimonthly pay period (twice a month) $ 0-00 per biweekly pay period (every two weeks) $ o . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106.9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE BER ID (shown PROCESSED. BE above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NU !5;r DO NOT SEND CASH BY MAIL. BY THE COURT: Service Type M OMB No.: 0970-0154 07-6668 CIVIL O Original Order/Notice OAmended Order/Notice (Z)Terminate Order/Notice (:)One-Time Lump Sum/Notice RE:GARRETT, RICHARD Employee/Obligor's Name (Last, First, MI) E?WARD E. GUIDO, Form EN-OJ 2U8 R v. 3 Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? I hecke you are required to pr vide a opy of this form to your mployee. If yo r employee orks in a state that is i Brent from the state that issued this order, a copy must be provi?ed to your employee even if tie box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelobligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2255100242 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: C-3 EMPLOYEE'S/OBLIGOR'S NAME: GARRETT, RICHARD EMPLOYEE'S CASE IDENTIFIER: 3143101852 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-4154 Form EN-028 Rev. 3 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GARRETT, RICHARD PACSES Case Number 184110076 Plaintiff Name KATHLEEN GARRETT Docket Attachment Amount 07-6668 CIVIL$ 0.00 Child(ren)'s Name(s): DOB ... ............ _.. ....... _ ........... ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee'slobligor's employment. through the employee'slobligor's employment. Addendum Form EN-028 Rev. 3 Service Type M OMB No.: 0970-0154 Worker I D $ IATT C:' -ri -h }'r crt _ ,y, r -+ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KATHLEEN GARRETT ) Docket Number 07-6668 CIVIL Plaintiff ) VS. ) PACSES Case Number 184110076 RICHARD GARRETT ) Defendant ) Other State ID Number PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 1. The petition of RICHARD GARRETT respectfully represents that on JUNE 6, 2008 , an Order of Court was entered for the support of KATHLEEN GARRETT A true and correct copy of the order is attached to this petition. Service Type M Form OM-501 Worker ID 21205 r .R GARRETT V. GARRETT PACSES Case Number: 184110076 2. Petitioner is entitled to 0 increase 0 decrease .(5 termination 0 reinstatement 0 other of this Order because of the following material and substantial change(s) in circumstance: 11,446 114p 1// l?t/irhl 17'7'1 E ,XI rirF WO y v f- At ys It y f . #y yl t-j h/?1f /?'Q61/?Q?7 fAQ 1461 or yek &IO-e-d1 WHEREFORE, Petitioner requests that the Court modify the existing order for support. Petitio Attorney for Petitioner I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. ?Z Date Service Type m ;PP etitioner Page 2of2 Form OM-501 Worker ID 2 1203 W m KATHLEEN GARRETT, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-6668 CIVIL TERM RICHARD GARRETT, IN DIVORCE Defendant/Respondent : PACSES CASE NO: 184110076 ORDER OF COURT AND NOW, this 3rd day of March, 2009, a petition has been filed against you, Kathleen Garrett, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on April 3. 2009 at 9:00 A.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Samuel L. Andes, Esq. Jordan D. Cunningham, Esq. / Date of Order: March 3.2009 Vi. dOfficer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REP ENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 N ? ?? ? . ? ?. ?* -ms`s-."-." , ?rl... ?J ? .a ??'n ?' ?--1 ?' ". j? .?,,. KATHLEEN GARRETT, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-6668 CIVIL TERM RICHARD GARRETT, IN DIVORCE Defendant/Petitioner . PACSES CASE NO: 184110076 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 10th day of March 2009, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on April 9, 2009 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior conference date of April 3, 2009. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you (6) IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Date of Order: March 4 2009 7A I klo /I. a .. . Sh y, C nference Officer Copies mailed to: Petitioner Respondent Samuel L. Andes, Esq. Jordan D. Cunningham, Esq. YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 C? ? ` C? ,.n ,,,,,? T -r? ,???? ?.?s =?? KATHLEEN GARRETT, VS. RICHARD GARRETT.) AND NOW, this 13th da and/or counsel fees, it is hereby di May 11, 2009 at 1:30 P.M. for a officer may recommend that an O date of April 3, 2009. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-6668 CIVIL TERM IN DIVORCE PACSES CASE NO: 184110076 of April 2009, upon consideration of the Petition for Alimony Pendente Lite acted that the parties and their respective counsel appear before R.J. Shadday on onference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference ler for Alimony Pendente Lite be entered. This date replaces the prior conference YOU are further ordered1to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for a preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child are expenses (5) proof of medical coverage which you may have, or may have available to you (6) IF you fail to appear for he conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Leo Date of Order: April 13. 2009 << 4 . Sha ay, C ference Officer / I Copies mailed to: Petitioner Respondent Samuel L. An es, Esq. Jordan D. Cunningham, Esq. YOU HAVE THE RIGHT TO LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE ISS ET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 PLED-OFRCE OF 'DE P T? fM1"ARY 216 APR 13 PM 3:22 Cum k 'v 6UUNTY PENNSYLVANIA KATHLEEN GARRETT, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-6668 CIVIL TERM RICHARD GARRETT, IN DIVORCE Defendant/Petitioner PACSES CASE NO: 18410076 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 13th day of May, 2009, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on June 15, 2009 at 10:30 A.M for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior conference date of May 11, 2009. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you (6) IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Date of Order: May 13, 2009 Copies mailed to: Petitioner Respondent Samuel L. Andes, Esq. Jordan D. Cunningham, Esq. i R. J. aadday Conference Officer ( YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 1 44?..? "i4 t?t?/ OF 7.H'F- KATHLEEN J. GARRETT, ) Plaintiff ) VS. ) RICHARD H. GARRETT, ) Defendant ) In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2007-6668 Civil Term In Divorce Motion for Appointment of Master Richard H. Garrett, Defendant moves the court to appoint a Master with respect to the following claims: (X) Divorce ( ) Annulment (X) Alimony (X) Alimony Pendente Lite (X) Distribution of Property ( ) Support (X) Counsel Fees (X) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by her attorney, Jordan D. Cunningham, Esquire. 3. The statutory ground(s) for divorce is: 3301 (d) of the Divorce Code 4. Check the applicable paragraph(s). (X) The action is not contested. ( ) An agreement has been reached with respect to the following claims: ( ) The action is contested with respect to the following claims: 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the motion: 4Oe ine Date AND NOW, 1 L. Andes Attorney for Defendant 2009 Esquire, is appointed Master with respect to the following claims: divorce, alimony, alimony pendente lite, distribution of property, counsel fees, costs and expenses. BY THE COURT, J. OF THEE 2009 JUN -9 A 9: 03 JUN 10 2009 KATHLEEN J. GARRETT, ) Plaintiff ) vs. ) RICHARD H. GARRETT, ) Defendant ) In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2007-6668 Civil Term In Divorce Motion for Appointment of Master Richard H. Garrett, Defendant moves the court to appoint a Master with respect to the following claims: (X) Divorce ( ) Annulment (X) Alimony (X) Alimony Pendente Lite (X) Distribution of Property ( ) Support (X) Counsel Fees (X) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by her attorney, Jordan D. Cunningham, Esquire. 3. The statutory ground(s) for divorce is: 3301 (d) of the Divorce Code 4. Check the applicable paragraph(s). (X) The action is not contested. ( ) An agreement has been reached with respect to the following claims: ( ) The action is contested with respect to the following claims: 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the motion: Date u 1 L. Andes Attorney for Defendant AND NOW, t t% /C) _;;?CcGi' 2009, Esquire, is appointed aster with respect to the following claims: divorce, alimony, alimony pendente lite, distribution of property, counsel fees, costs and expenses. / BY T(l C U `` ' v l G J. V7 i:1 d Cp' ? -41 V z C? 'l t V KATHLEEN GARRETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-6668 CIVIL TERM RICHARD GARRETT, IN DIVORCE Defendant PACSES CASE: 184110076 ORDER OF COURT AND NOW to wit, this 26h day of June, 2009, it is hereby Ordered that pursuant to the Alimony Pendente Lite is suspended, without prejudice, effective March 30, 2009, pursuant to the parties' incomes and considering that the Defendant is maintaining the vehicle insurance on the vehicle that is in the Plaintiff's possession. There is a remaining balance of $185.92 and is to be paid in full within thirty (30) days of this date. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COU Edward E. Guido, J. DRO: R.J. Shadday xc: Petitioner Respondent Jordan D. Cunningham, Esq. Samuel L. Andes, Esq. Form OE-001 Service Type: M Worker: 21005 FIEO--;; FFiCE OF Tf MI T O "ARY 2009 JUN Zb PM 3: 12 Cumib? '- a OLJJMY KATHLEEN J. GARRETT, Plaintiff VS. RICHARD H. GARRETT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6668 CIVIL TERM IN DIVORCE DEFENDANT'S MOTION TO COMPEL AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and moves the court for an order compelling Plaintiff to respond to Defendant's discovery, based upon the following: 1. The moving party herein is the Defendant. The responding party herein is the Plaintiff. 2. On 9 April 2009, Defendant's counsel served upon Plaintiffs counsel a set of written Interrogatories requesting financial information which Defendant needs to properly prepare this case for a resolution. A copy of those Interrogatories, with the Certificate of Service, are attached hereto and marked as Exhibit A. 3. In mid June 2009, in response to Defendant's counsel's inquiry as to the status of Plaintiffs answers to the Interrogatories, Plaintiff's counsel advised Defendant's counsel that Plaintiff had not yet received the Interrogatories. 4. In response to that discussion, Defendant's counsel sent a second copy of the Interrogatories to Plaintiffs counsel on 15 June 2009. A copy of the transmittal letter is attached hereto and marked as Exhibit B. 5. The court has appointed the Master to hear the economic claims in this case. Defendant cannot properly prepare his case for litigation, or for successful negotiation settlements, without the information requested in his Interrogatories. 6. Plaintiff s failure to answer Defendant's Interrogatories is prejudicing Defendant and his preparation of this case. 7. To Defendant's knowledge, no Judge has previously entered an order in this case. 8. Plaintiff does not concur in the relief requested by Defendant in this Motion. WHEREFORE, Defendant moves this court to order and direct Plaintiff to file her answers to Defendant's Interrogatories within ten (10) days of the date of the court's order. R?n D Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North l2t' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Jordan Cunningham, Esquire 2320 North Second Street Harrisburg, PA 17110 Date: 5 August 2009 &hu 71? qkjz?? Amy Harkins ecretary for Samuel L. Andes EXHIBIT A KATHLEEN J. GARRETT, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6668 CIVIL TERM RICHARD H. GARRETT, Defendant IN DIVORCE PLAINTIFF'S INTERROGATORIES TO DEFENDANT TO: Ms. Kathleen J. Garret c/o Jordan D. Cunningham, Esquire 2320 North Second Street Harrisburg, PA 17110 PLEASE TAKE NOTICE that you are required, pursuant to Pa. R.C.P. 4005 and 4006, to file the original with the Court and serve a copy on the undersigned, of your Answers to the within Interrogatories within thirty (30) days after service of same. Each Interrogatory shall be answered fully and completely, in writing and under oath. If there is insufficient space to answer an interrogatory, the remainder of the answer shall follow on a supplemental sheet. These Interrogatories shall be continuing in nature. If, at any time subsequent to the filing of your original answers, you or anyone acting on your behalf should learn or be made aware of additional information requested but not contained in your original answers, then you shall-promptly file a Supplemental Answer containing the same. DATE: 9 April 2009 Samuel L. Andes Attorney for Defendant . Supreme Court ID # 17225 525 North 12th Street Post Office Box 168 Lemoyne, PA 17043 (717) 761-5361 INSTRUCTIONS AND DEFINITIONS The following Instructions and Definitions form an integral part of these Interrogatories, and the Interrogatories are to be read and answered in accordance with these Instructions and Definitions. 1. DOCUMENT The term "document" means any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, whether sent or received or neither, including drafts and copies bearing notations or marks not found on the original, and includes, but is not limited to: (a) All contracts, agreements, representations, warranties, certificates, opinions; (b) All letters or other forms of correspondence or communication, including envelopes, notes, telegrams, cables, telex messages, messages (including reports, notes, notations, and memoranda of or relating to telephone conversations or conferences); (c) All memoranda, reports, financial statements or reports, notes, transcripts, tabulations, studies, analyses, evaluations, projections, work papers, corporate records or copies thereof, lists, comparisons, questionnaires, surveys, charts, graphs, summaries, extracts, statistical records, compilations; (d) All desk calendars, appointment books, diaries; (e) All books, articles, press releases, magazines, newspapers, booklets, circulars, bulletins, notices, instructions, manuals; (f) All minutes or transcripts of all meetings; and (g) All photographs, microfilms, phonographs, tapes or other records, punch cards, magnetic tapes, disks, datacells, drums, printouts, and other data compilations from which information can be obtained. H. COMMUNICATION The term "communication" means not only oral communications, representations, or warranties, but also any documents (as such term is defined Page 2 of 18 in Section I above), whether or not such document or the information contained therein was transmitted by its author to any other person. M. IDENTIFY: IDENTITY: IDENTIFICATION When used in reference to a natural person, the terms "identify", "identity", or "identification", mean provide the following: (a) Full name; (b) Present or last known business and residence addresses; (c) Present or last known business affiliation; and (d) Present or last known business position (including job functions, duties, and responsibilities). When used with reference to any entity other than a natural person state: (a) Its full name; (b) The address of its principal place of business; (c) The identity of all individuals who acted and/or who authorized another to act on its behalf in connection with the matters referred to; (d) In the case of a corporation, the names of its directors and principal officers; and (e) In the case of an entity other than a corporation, the identities of its partners or principals or all individuals who acted or who authorized another to act on its behalf in connection with the matters referred to. When used in reference to a document, the terms "identify", "identity", or "identification" mean provide the following; (( (a) The nature of the document (e.g. letter, contract, memorandum) and any `I other information (i.e. its title, index, or file number) which would facilitate in the identification thereof; Page 3 of 18 (b) Its date of preparation; (c) Its present location and the identity (as defined previously herein) of its present custodian or, if its present location and custodian are not known, a descrip- tion of its last known disposition; (d) Its subject matter and substance or, in lieu thereof, annex a legible copy of the document to the answers of these Interrogatories; (e) The identity (as defined previously herein) of each person who performed any function or had *any role in connection thereof (i.e. author, contributor of information, recipient, etc.) or who has any knowledge, thereof together with a description of each such person's function, role, or knowledge; and (f) If the document has been destroyed or is otherwise no longer in existence or cannot be found, the reason why such document no longer exists, the identity (as defined previously herein) of the people responsible for the document no longer being in existence and of its last custodian. When used in connection with an oral communication, the terms "identify", "identity" or "identification" mean provide the following information: (a) General nature (i.e. conference, telephonic communication, etc.); (b) The time and place of its occurrence; (c) Its subject matter and substance; (d) The identity (as defined previously herein) of each person who performed any function or had any role in connection therewith or who has any knowledge thereof together with a description of each such person's function, role, or knowledge; (e) The identity (as defined previously herein) of each document which refers thereto or which was used, referenced to, or prepared in the course or as a result thereof; and Page 4 of 18 IV. DESCRIBE: DESCRIPTION When used with respect to any act, action, accounting, activity, audit, practice, process, occurrence, occasion, course of conduct, happening, negotiation, relationship, scheme, transaction, instance, incident or event, the terms "describe" or "description" mean provide the following information: (a) Its general nature; (b) The time and place thereof; (c) A chronological account setting forth each element thereof, what such element consisted of, and what transpired as part thereof; (d) The identity (as defined previously herein) of each person who performed any function or had any role in connection therewith or who has any knowledge thereof together with a description of each such person's function, role, or knowledge; (e) The identity (as defined previously herein) of each document which refers thereto or which was used, referenced to, or prepared in the course or as a result thereof; and (f) The identity (as defined previously herein) of each oral communication which was a part thereof or referenced thereto. When used in connection with any calculation or computation, the terms "describe" or "description" mean provide the following information: (a) An explanation of its meaning; (b) An explanation of the manner in which it was derived; (c) The identity (as defined previously herein) of each person who . performed any function with respect thereto and a description of his function; (d) The identity of each document (as defined previously herein) which refers thereto or which was used, referenced to, or prepared in the course or as a result thereof; and Page 5 of 1S (e) The identity (as defined previously herein) of each oral communication which occurred in the course of the preparation thereof or which referred thereto. V. FACTUAL BASIS The term "factual basis" means: (a) Set forth each item of information upon which the allegation, contention, claim, or demand to which it pertains is based; and (b) With respect to each such item of information, identify each person having knowledge thereof and identify and describe (as defined previously herein) each source thereof. VI. RELATES TO: THERETO The terms "relates to", "relating to", or "thereto" when used in connection with any act, action, activity, account, practice, process, occurrence, occasion, course of conduct, contractual provision or document, happening, relationship, scheme, conference, discussion, development, service, instance, incident, event, means used or occurring or referred to in the preparation therefor, or in the course thereof, or as a consequence thereof, or referring thereto. VII. PERSON The term "person" means all natural persons, corporations, partnerships, or other business associations, public authorities, municipal corporations, state governments, local governments, all governmental bodies, and all other legal entities. Page 6 of 18 INTERROGATORIES 1. Are you currently employed? If so, please provide the following information: a. The name of your employer. b. A description of your work hours and compensation. c. The date you commenced this employment. Page 7 of 18 2. If you are not employed, please list all efforts you have made in the past six (6) months to obtain employment, specifically identifying any jobs for which you have applied in writing or otherwise during that time. Page 8 of 18 3. What is your current income from all sources. Please state your income on a monthly or weekly average basis. Page 9 of 18 4. Do you pay rent or make any other financial contribution to your housing expenses at the place where you currently reside. Page 10 of 18 5. Are you currently under the care of a physician or other medical practitioner. If so, please provide the following information: a. The name and address of the professional. b. The medical problem or condition for which the professional treats you. c. A list of any medications which you take. d. The length of time you have been taking any of the medications described in your answer to the preceding sub-paragraph. Page 11 of 18 6. What date do you claim is the date of your separation from Richard Garrett. Page 12 of 18 7. With regard to any individual retirement account or other investment account which you hold or which is held for your benefit, please provide the following: a. The current balance in that account or asset. b. A list of any withdrawals or distributions made from the account within the past two (2) years. Page 13 of 18 8. Did you remove records from the former marital residence at any time within the past two (2) years? If the answer is "yes" please identify all records, particularly checking account and other financial institution records, that you removed and please state where they are located now. Page 14 of 18 9. Have you received, within the past year, documents from UBS or any similar financial institution, regarding assets held by you, or Richard Garrett with that company at any time in the past? If the answer is "yes" please identify where those records are currently located. Page 15 of 18 10. Please identify the motor vehicle you are currently operating and state the number of miles on the odometer on the vehicle as of the date of your answer to these Interrogatories. Page 16 of 18 COMMONWEALTH OF PENNSYLVANIA ) (SS.: COUNTY OF ) Personally appeared before me, the undersigned, a Notary Public in and for the Commonwealth and County aforesaid, deponent, who being duly sworn according to law, deposes and says that the answers contained in the foregoing Interrogatories are true and correct to the best of his knowledge, information.and belief. Deponent Sworn and subscribed to before me this day of )2009. Notary Public Page 17 of 18 CERTIFICATE OF SERVICE I hereby certify that I served an original and two copies of the foregoing Interrogatories upon counsel for Plaintiff herein by regular mail, postage prepaid, as follows: Jordan D. Cunningham, Esquire 2320 North Second Street Harrisburg, PA 17110 DATE: 9 April 2009 0 YWN -UAg2= iAA'a Amy M. arkins Secretary for Samuel L. Andes Page 18 of 18 EXHIBIT B MAILING ADDRESS. P. O. BOX 168 LEMOYNE, PA 17043-0168 E-MAIL: "vakndesPaol.co Jordan Cunningham, Esquire 2320 North Second Street Harrisburg, PA 17110 RE. Garrett Dear Jordan: SAMUEL L. AN`DIEs ATTORNEY AT LAW 623 NORTH TWELFTH STREET P. 0. BOX 168 LEMOYNE. PENNSYLVANIA 17043 TBLEPBONE (717)'161-5361 PAX (717)MI-14315 15 June 2009 Enclosed are the interrogatories which I sent you in my April of 2009 letter. Now that you have them, please have your client answer them so we can keep the matter moving. Sincerely, Samuel L. Andes amh / Enclosure cc: Mr. Richard H. Garrett Z0?9 WG 1I PM S t e 0 KATHLEEN J. GARRETT, Plaintiff V. RICHARD H. GARRETT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 07-6668 CIVIL TERM IN RE: DEFENDANT'S MOTION TO COMPEL ORDER OF COURT AND NOW, this 20`1' day of August, 2009, upon consideration of Defendant's Motion To Compel, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. BY THE COURT, ? Jordan Cunningham, Esq. 2320 North Second Street Harrisburg, PA 17110 Attorney for Plaintiff Samuel L. Andes, Esq. 525 N. 12th Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant :rc cor i-ES m-.t? I 8/ZO/oq r1t. - "l J. Wesley Oler j ., J. -fARY OF THE 200$ AUG 20 P 2: 3 f LT?P???? ,aNIA 238 4809 10.08:33 a.m. 04-13-2010 2 KATHLEEN J. GARRETT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6668 Civil Term RICHARD H. GARRETT, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAIVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on November 1, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. thleen J. Gar tt Dated: 31 13 - ao/O c7 ^a -,-, r 3 °'M} t7t ?77 _ ?? -- , 7 238 4809 10:08:40 a.m. 04-13-2010 3 KATHLEEN J. GARRETT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. 07-6668 Civil Term RICHARD H. GARRETT, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is finalized. 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. §4904 relating to unsworn falsification to authorities. v GQ , /e2 thleen J. Garrett Dated: Z- 1- Z o /O n w., t f- O F3 trl ...,r rr ?J? 717 238 4809 - 10:08:49 a.m. 04-13-2010 4 15? KATHLEEN J. GARRETT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6668 Civil Term RICHARD H. GARRETT, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on November 1, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. "dx. Z=i Richard H. G ett Dated: 1 0 L.G "< =717 238 4809 10:08:56 a.m. 04-13-2010 5 /5¦? KATHLEEN J. GARRETT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 074" Civil Term RICHARD H. GARRETT, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER30_l?cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is finalized. 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. §4904 relating to unworn falsification to authorities. A(M-? Richard H. arrett a lL 3 M d: T D t f x a e -71 e -- y ^? i -G "t ?j KATHLEEN J. GARRETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 6668 CIVIL C) o K c RICHARD H. GARRETT, M. Defendant IN DIVORCE `--'' ?? t' ? to [!] co :3 2C NOTICE OF FILING MASTER'S REPORT 3-C: C-w The report of the Master has been filed this date &a ..C copies have been sent with this notice to counsel of record and the parties. In accordance with P.R.C.P. 1920.55 within twenty (20) days after the mailing of this notice and report exceptions may be filed to the report by any party. If no exceptions are filed within the twenty (20) day period, the Court shall receive the report, and if approved, shall enter a final decree in accordance with the recommendations contained in the report. Date: 5/18/10 E. Robert Elicker, II Divorce Master NOTE: If exceptions are filed, file the original with the Prothonotary and a copy with the Master's office. At that time, the party filing the exceptions should notify the court reporter in the Master's office so arrangements can be made for a transcript. Upon completion of the transcript and receipt of payment, the entire file will be returned to the Prothonotary's office for transmittal to the Court at time of argument on the exceptions. If no exceptions are filed, counsel shall prepare an order of Court consistent with the recommendations and provide a proposed order of Court to the Master. Counsel shall also prepare and provide with the proposed order of Court a praecipe* to the Prothonotary directing the Prothonotary to submit the case to the Court for final disposition. The Master will then transfer the file with the proposed order of Court and praecipe to the Prothonotary's Office for docketing and transmittal by the Prothonotary to the Court. * Form available in the Prothonotary's office and the Master's office. (NOT the praecipe to transmit the record form as set out in P.R.C.P. 1920.73(b).) KATHLEEN J. GARRETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 07 - 6668 CIVIL RICHARD H. GARRETT, Defendant IN DIVORCE 1v ._ C7 ? t , G o MASTER'S REPORT Proceedings held before E. Robert Elicker, II, Divorce Master 9 North Hanover Street, Carlisle, PA 17013 proceedings held on March 2, 2010, commencing at 9:00 a.m. APPEARANCES: Jordan D. Cunningham Attorney for Plaintiff Samuel L. Andes Attorney for Defendant PROCEDURAL HISTORY A complaint in divorce was filed on November 1, 2007, raising grounds for divorce of irretrievable breakdown of the marriage. The parties have signed affidavits of consent and waivers of notice of intention to request entry of divorce of decree on April 13, 2010. The affidavits and waivers were filed with the Prothonotary's office by the Master's office so that the divorce can conclude under Section 3301(c) of the Domestic Relations Code. The complaint also raised economic claims of equitable distribution, alimony, and counsel fees and expenses. The claim for alimony has been withdrawn by wife, leaving for the Master's consideration the claims of equitable distribution and counsel fees and costs. The counsel fees and costs claim also was raised by wife. The parties were married on May 16, 1970, and by stipulation agreed that the date of separation was the date of the filing of the divorce complaint, namely, November 1, 2007. The Master was appointed on June 10, 2009. The Master followed his customary procedure and asked counsel to certify the status of discovery. Consequently, pretrial statements were directed to be filed on or before October 5, 2009. A preliminary conference was held with counsel on November 6, 2009, and after discussion it was determined that wife's attorney would arrange to take husband's deposition regarding assets and accounts and expenditure of funds over which husband had control and about which wife had little or no knowledge. Counsel appeared for another conference before the Master on March 2, 2010, at which time again there was a discussion about taking husband's deposition. The deposition was finally taken on March 10, 2010. After the receipt by the Master of a copy of the deposition, the Master scheduled a hearing for April 13, 2010, which went forward as scheduled. Both parties testified; there were no other witnesses. After the closing of the testimony and allowing counsel two weeks' to submit a financial analysis requested by the Master, the Master proceeded to prepare and file his report and recommendations. STIPULATIONS At the date of the hearing on April 13, 2010, counsel entered a stipulation on the record as follows: Wife's UBS IRA $22,481.06 Escrow (proceeds from the sale of the house and mortgage and homeowners' insurance refunds) 69,077.10 Although counsel did not specifically stipulate to the value of the two vehicles, nevertheless, the Master, after hearing testimony and without rebuttal from husband, finds that the value of the 2001 Mercedes in wife's possession is $7,425.00. The Master finds the value of the 2007 Lexus, which husband traded in, was $14,000.00. Wife presented a Blue Book value for the Mercedes; husband testified that he got between $13,000.00 - $14,000.00 as a trade in on the Lexus but could not remember exactly the amount nor did he have any evidence to support a specific number. a Consequently, the Master finds that the assets above have a total value of $112,983.16. The parties stipulated that the marital assets could be distributed equally; therefore, each party is entitled to one-half of the marital estate as set forth in this stipulation or $56,491.58. Inasmuch as the parties stipulated to a 50150 distribution of the marital estate, there was no reason for the Master to do an analysis of the factors relating to ' The analyses were filed by counsel beyond the two week period requested by the Master which partly accounts for the Master's delay in filing his report. Also, there was a dispute about the length of wife's analysis (the Master, after the hearing, requested two to three pages) which was subsequently reduced to three pages. The analyses having been filed and the three-page submissions reviewed by the Master, the Master thereafter prepared his report and recommendations. z The evidence of trade in amount could have been easily available to husband. This is a small example of the cavalier attitude toward "numbers" reflected in his "I don't know" responses. 2 equitable distribution. As previously noted, the claim for alimony was withdrawn; the Master will comment later on the claim by wife for counsel fees. CONCLUSION OF LAW The parties are entitled to a divorce under Section 3301(c) of the Domestic Relations Code. Both parties signed affidavits of consent and waivers of notice of intention to request entry of divorce decree on April 13, 2010. The affidavits and waivers were filed with the Prothonotary; therefore, the divorce can conclude under Section 3301(c) of the Domestic Relations Code. DISCUSSION EQUITABLE DISTRIBUTION During the course of the marriage the parties operated a company which made components which they sold to IBM in the electronics industry. During the course of the time that they were able to sell a lot of their inventory and product to IBM, the parties had a substantial income and accumulated assets which accounted for a large marital estate including a valuable home and investments in cash and annuities. When the relationship with IBM went sour and the business with IBM no longer was available, the parties continued to attempt to live a similar lifestyle which they had lived when they were making large amounts of money using their assets and what income they were able to earn to maintain their home and other living expenses. Whether the parties were hopeful that life would return to the way it had been is unknown, but the parties over a course of a few years started to get deeper into the hole and reduced the assets that they had accumulated. One of the main problems, however, in this reduction of assets to maintain their lifestyle, was that husband ultimately took over control of the assets, paying expenses but also converting assets into various accounts and into cash which he placed into safe deposit boxes. During the time that husband was handling the financial affairs of the parties, wife became ill because of a problem with alcohol and was unable to participate in how the assets were being utilized and expended. Although husband claims that for a period of time she had access to accounts and had a lot of the account information, nevertheless, husband through a course 3 of conduct ultimately gained access to all of the assets that the parties had converting, as previously noted, many of the assets into cash which were moved around, according to husband, to avoid creditors. During the course of husband's manipulation of the assets, he also changed the address on certain accounts to a post office box so that wife would not receive any account information. During the period of wife's illness, and as she was recovering and later able to function normally, husband had effectively gained control of the parties' marital estate. Wife claims that a substantial amount of assets have not been accounted for and if one reads husband's deposition, which was taken by wife's attorney on March 10, 2010, the impression easily made is that husband conveniently forgot most of the detail relating to the parties' accounts and the trail of those assets. Reading through the deposition and later hearing husband's testimony at the hearing on April 13, 2010, husband's common answer was "I don't know." Husband produced an exhibit showing a month's expenditures which he used to attempt to justify where a substantial amount of the funds went over a period of four years.3 The Master does recognize that the parties had a lot of expenses which were being paid out of the marital estate assets; however, husband's manipulation of the assets leaves the Master to believe that many of the assets were not specifically accounted for. Wife has been unable to produce an accurate accounting in trying to trace assets because of the poor recollection of husband and also because of his use of various accounts and safe deposit boxes where he placed assets. Upon questioning by the Master, husband's reasoning is that he put substantial amounts of cash in safe deposit boxes in order to avoid creditors. This reasoning does not hold a lot of weight with the Master because a creditor could certainly have engaged in discovery sufficient to find assets that husband was attempting to hide. The effect of what husband did, whether or not he avoided creditors, was to prevent wife from attaining a specific accounting of where the assets were expended. 3 Husband's Exhibit No. 2 is a snapshot of expenditures for the month of July 2007. In addition to a listing of check numbers 1781 to 1813 (there is a gap between check 1813 and 1822) there are "other expenses" and "additional expenses", all of which are somehow synthesized into one big "total expenditures" number for the years 2004 to 2007. The exhibit as an accounting tool to show expenditures for four years is about as clear as husband's verbal accounting of what happened to the parties' estate in his deposition of March 10, 2010, and his testimony at the hearing April 13, 2010. 4 Husband was dealing with a lot of cash and as one example of a large expenditure, gave the parties' daughter $30,000.00 in cash to pay a college loan without wife's knowledge. This money was apparently taken out of a safe deposit box which husband had in his name. Because of the large amounts of cash that were being used by husband in the course of his handling of the marital estate, it is impossible to know what, if any, cash he might have used for his own personal benefit rather than for the benefit of paying marital expenses. Although the Master is very suspicious of how husband handled the marital assets, nevertheless, he is at the same loss as wife as to try to account for how the marital estate was spent. There is, however, one asset which neither party has been able to account for and which the Master remembers specifically was testified to as an asset held in a savings account at Commerce Bank in the amount of $103,000.00. Wife could not account for what happened to that money and neither could husband. Consequently, since husband was in control of the assets, it is presumed that he had access to the $103,000.00. Wife at the time was in the hospital and although she may have had access to the account at some point, never utilized any of the funds in the account. Consequently, the Master is going to charge husband with having received the $103,000.00. The Master would like to be able to find that there were other substantial sums of money which husband has taken but to try to trace those funds is nearly impossible. Husband also, according to wife, took substantial items of tangible personal property from the house to her detriment, which value wife has not received. It is noted that wife also received household tangible personal property as well, but according to an exhibit that she presented, the amount of property which she received was less than the value of husband's property. To show part of husband's methodology, he gave the parties' dining room suite to the daughter who then sold the dining room suite. Wife had no knowledge of this gift or whatever happened to the proceeds of the sale. In order to attempt to bring some equitable fairness to what has happened to this marital estate, the Master has attempted to find a resolution to provide wife some asset value over and above what has been previously stipulated. Husband had in his control hundreds of thousands of dollars of the parties' assets and although, as noted, the Master is unable to account nor can husband account specifically for the expenditure of those assets, nevertheless, after hearing the testimony and reading the deposition, the Master is satisfied that husband was not forthcoming in his explanation of what happened to the martial estate. True that some of the money was to pay marital expenses; however, because of husband's manipulation of assets and his handling of assets in cash, the Master is drawn to the conclusion that husband benefited more than wife from the marital estate. Consequently, the Master is going to use the best evidence from the record which revolves around the disappearance of the $103,000.00 in the Commerce Bank account. Any attempt by the Master or wife to account for what happened to all of the marital estate is nearly impossible. Perhaps a team of accountants could spend weeks trying to follow the trace of funds from bank accounts to safe deposit boxes and still not come up with a satisfactory explanation. The Master, based on his impression of the testimony and husband's lack of fiduciary responsibility, is using his best judgment in trying to give wife some sense of fairness regarding husband's manipulation of the parties' assets. Currently wife works part-time for Target and earns around $20,000.00 annually. She lives with a male friend which is most likely the reason she has withdrawn her claim for alimony. Wife lives in Kreamer, Pennsylvania, with her male friend who is a widow. Husband is a partner in a sales rep business and although his income is unsettled, he makes more than twice the income that wife makes at her employment. Husband lives in a house which he inherited with his brother from his mother. Husband bought out his brother's interest in the house and obtained a mortgage to buy out his brother and to pay off some other expenses. Wife is 58 years of age and husband is 58 years of age and neither party reported any current health issues, although wife testified about her problem with alcohol and how that had affected her health previously. The parties have three adult children. RECOMMENDATIONS EQUITABLE DISTRIBUTION The marital assets identified by husband and wife through their counsel have a value of $112,983.16. 6 UBS IRA $ 22,481.06 Escrow (proceeds from the sale of the house and mortgage and homeowners' insurance refunds) 69,077.10 2001 Mercedes Sedan 7,425.00 2007 Lexus (trade-in value) 14,000.00 TOTAL $112,983.16 Based on the stipulation of the parties of a 50150 distribution, each party is entitled from the assets identified above a value of $56,491.58. If wife receives the IRA and her vehicle value she is receiving a total of $29,906.06 leaving her a short-fall of $26,585.52. If husband receives the trade-in value of his vehicle, husband has a shortfall of $42,491.58. In order to make up the shortfall for each party, wife would receive $26,585.58 from the escrow fund and husband would receive $42,491.58 from the escrow fund. However, dividing the $103,000.00 previously held in the Commerce Bank account in half, each party would be entitled to $51,500.00 of those missing funds. Consequently, if wife receives the additional monies from the escrow fund in the amount of $42,491.58, toward the $51,500.00, she then has a shortfall of $9,008.42. Consequently, husband is directed to pay to wife the sum of $9,008.42 within sixty (60) days of a final order in these proceedings. Wife shall receive all of the UBS IRA, all of the escrow proceeds and her 2001 Mercedes sedan vehicle. Husband will receive the 2007 Lexus trade-in value. Each party will retain all of the household tangible personal property which he or she has previously received free of any claims by the other party. Each party will sign any and all documents that may be necessary to effectuate a transfer of assets as provided by a final order pursuant to the Master's recommendations. COUNSEL FEES AND COSTS Wife has a claim pending for counsel fees and costs which she has presented in an amount in excess of $12,000.00. Although the Master finds that her fees 7 are reasonable, nevertheless, based on the resolution of the assets in this case and the payment to wife of a substantial cash award, the Master is going to let each party stand for their own attorney fees. Obviously, husband incurred fees as well. The Master does note that wife's attorney had a difficult task in putting together the exhibits and evidence which he did present, showing the pattern and conduct of husband which resulted in a dissipation of the marital estate. Wife will, however, have sufficient funds to pay her counsel from the assets which she is receiving. Therefore, wife's claim for counsel fees and costs is denied. Respectfully submitted, E. Robert Elicker, II Divorce Master 8 c-~ ~- ~ i~ ~r:.~~~. - L_lJ "r T~-~~- t ~, -,.~Y .,. ~ . ~. r .. , . -,.r C~P~~ ~. NTY KATHLEEN J. GARRETT, Plaintiff v. RICHARD H. GARRETT, Defendant JORDAN D. CUNNINGHAM, ESQUIRE CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA -17110 TELEPHONE : 717-23 8-6570 FACSIMILE: 717-238-4809 EMAIL: JCUNNINGHAM(C~CCLAWPC.COM . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, . PENNSYLVANIA NO. 07-6668 Civil Term CIVIL ACTION -LAW IN DIVORCE EXCEPTIONS TO MASTER'S REPORT AND RECOMMENDATIONS 1. Master's Failure to Find the Existence of Three (3) Investment Accounts Established from the Parties' Sale of the Ocean City Maryland Property. 1. The Master erred in not finding that the net proceeds of the sale of the parties' summer home in Ocean City, Maryland equaling approximately $300,000.00 were deposited into three (3) separate accounts: 1. Members ls` Savings Account; 2. Commerce Bank Certificate; and 3. Citizens Bank Savings Account. 2. The Master Erred in Failing to Trace the Proceeds from the Three (3) Accounts. 2. The Master erred in failing to find that the Defendant withdrew $83,394.24 from the Members 1st savings account in between November and December of 2004 and he could not explain, trace, or account for the expenditure of the funds. 3. The Master erred in failing to find that on January 6, 2003, a deposit of $80,000.00 from the parties' joint Citizens Bank checking account was made into a joint MBNA Money Market account and Defendant could not explain, trace, or account for the expenditure of the funds. 4. The Master Erred as a Matter of Law by Failing to Find that Plaintiff had proved the Existence of the Following Accounts and Amounts of Cash which were Marital Property. 1. Members 1St Federal Credit Union $ 83,394.24 2. UBS Investment Account $ 97,000.00 3. USB /IRA -Richard Garrett $ 65,006.78 4. MBNA Money Market Account $ 312,926.37 5. Commerce Bank $ 103,531.14 6. Wachovia Bank $ 10,103.87 7. Commission for Sale of the former marital residence $ 16,000.00 Total $ 687,962.40 5. The Master erred as a matter of law by failing to find that :Defendant never questioned or refuted the Plaintiff's position or evidence of the following accounts and amounts of cash which were marital property: 2 1. Members lst Federal Credit Union $ 83,394.24 2. USB Investment Account $ 97,000.00 3. UBS /IRA -Richard Garrett $ 65,006.78 4. MBNA Money Market Account $ 312,926.37 5. Commerce Bank $ 103,531.14 6. Wachovia Bank $ 10,103.87 7. Commission for Sale of the former marital residence $ 16,000.00 Total $ 687,962.40 6. The Master erred, as a mater of law, in failing to find that Defendant breached his fiduciary duty to the Plaintiff by unilaterally liquidating all of the following accounts and in the following amounts before the date of separation and failing to explain or trace the expenditure of the monies: 1. Members 15` Federal Credit Union $ 83,394.24 2. USB Investment Account $ 97,000.00 3. UBS /IRA -Richard Garrett $ 65,006.78 4. MBNA Money Market Account $ 312,926.37 5. Commerce Bank $ 103,531.14 6. Wachovia Bank $ 10,103.87 Total $ 671,962.40 3 7. The Master erred, as a matter of law, in failing to find that Plaintiff suffered a loss of marital property directly related to Defendant's unilateral liquidation of'the following accounts for which Defendant could not provide an explanation or could not trace the expenditure of the funds: a. Members 1St Federal Credit Union $ 83,394.24 b. USB Investment Account $ 97,000.00 c. UBS /IRA -Richard Garrett $ 65,006.78 d. MBNA Money Market Account $ 312,926.37 e. Commerce Bank $ 103,531.14 £ Wachovia Bank $ 10,103.87 g. Commission from the sale of the former marital residence $ 16,000.00 Total $ 687,962.40 8. The Master erred, as a matter of law, once Plaintiff had proven that the Defendant had committed a breach of duty and that a related loss had occurred, in failing to shift the burden of persuasion to the Defendant to prove, as a matter of defense, that the lass would have occurred in absence of the breach. 9. The Master erred in finding the accounting for cash was to burdensome and instead as between an innocent beneficiary and a defaulting fiduciary who unilaterally exercised dominion and control over the cash and had the capacity to keep records of the expenditures of the cash as the fiduciary. 4 10. The Master erred in failing to place the risk of uncertainty upon the Defendant as the consequences of his breach of his fiduciary duty to the Plaintiff. 11. The Master erred in failing to find that Defendant had not properly traced or accounted for the marital assets Plaintiff had proven existed, that Defendant admitted he had liquidated and spent. 12. The Master erred in failing to find Defendant had solely usurped $687,962.40 in martial assets. III. The Master's Failure to Establish Marital Funds were taken by Defendant and Unaccounted for by the Defendant. 13. The Master failed to find, as the Defendant testified, Defendant would obtain withdrawals of proceeds from UBS and MBNA accounts, Defendant converted the withdrawals to cash, Defendant placed the cash in the parties' joint Citizens Bank safe deposit box and Defendant withdrew the cash and Defendant deposited it into the parties' joint Citizens Bank checking account to pay joint debts, obligations, and living expenses. 14. The Master failed to find that Defendant, despite Defendant's testimony to the contrary, withdrew $86,000.00 from the UBS account between February 9, 2006 through October 6, 2006 and deposited those sums directly into the joint Citizens Bank checking account. 15. The Master failed to find that the Defendant withdrew from the UBS account from November 1, 2006 through February 28, 2007 of which $211,531.14 was deposited into the joint MBNA money market account. 5 16. The Master failed to find that the Defendant solely withdrew from the MBNA account in between January 2005 and December 31, 2007 $312,926.37 and could account for only $30,157.44 (2006 IRS bill in the amount of $21,357.44 and $9,800.00 deposits into joint Citizens Bank checking account) of the withdrawals even though he claimed he cashed the withdrawal checks, placed the cash in the joint Citizens Bank safe deposit box, and alleges he used that money to pay bills. 17. The Master erred in failing to find that the Defendant on December 17, 2007 withdrew $65,006.78 from a UBS-IRA account issued in Defendant's name, but acquired during the marriage, which Defendant claimed he deposited into the parties' joint Citizens Bank checking account but, instead, was proven to have been deposited into his sole Wachovia account and the expenditure of which he could not account. 18. The Master erred in failing to find $10,818.66 deposited in a previously unknown Wachovia Bank account titled solely in Defendant's name as marital property as this sum was on deposit on the date of the parties' separation (November 1, 2007). 19. The Master erred in failing to find as marital property a $16,000.00 commission paid to the Defendant as the result of the sale of the parties' former marital residence by De'Angelo Realty, the listing realtor, with whom the Defendant was associated, which commission was used by Defendant to pay the Defendant's 2008 post-separation desk fee owed to Defendant's broker, De'Angelo Realty. 20. The Master failed to impose a duty of persuasion on the Defendant to prove, as a matter of defense that the money from the various joint accounts was spent to pay for joint obligations, martial debt, or joint living expenses. 6 IV. Monies allegedly spent by Defendant from living expenses and joint debt from January 2004 through May 2008. 21. The Master erred in failing to set the total cost of living expenses and joint marital debt and obligations Defendant claims to have been paid between January 2004 and May 2008 in order for Defendant to justify his expenditure of all the marital assets for the alleged living expenses and joint marital debt and obligations. 22. The Master erred in failing to find that the Defendant, as he admitted, between January 1, 2004 and December 31, 2007 paid the vast majority - if not alI- of the parties' bills, debts, and living expenses from the joint Citizens Bank checking account. 23. The Master erred in failing to find as matter of fact that if all the parties' bills, debts, and living expenses were paid from the joint Citizens Bank checking account, the cost of all the bills, debts, and living expenses could not exceed the amount deposited into the joint Citizens Bank checking account. 24. The Master erred in failing to find the amount of the total deposits into the joint Citizens Bank checking account between January 2004 and December 31, 2007 equaled $406,411.78 of which only $86,000.00 could be traced to direct deposits from the UBS account; $9,800.00 from the MBNA account; and $13,500.00 from Defendant's entries into the parties' Citizens Bank safe deposit box, and $40,000.00 medial reimbursement from Capital Blue Cross and Blue Shield, leaving $257,111.78 in deposits unaccounted for by the Defendant. 25. The Master erred in failing to analyze, in relation to the deposits into the joint Citizens Bank checking account, the gross income of $172,088.00 earned. by Defendant (Defendant was an independent contractor) between January 1, 2004 and December 31, 2007; 7 gross income of $14,680.00 earned by Plaintiff between January 1, 2004 and December 31, 2007; deposits of $9,800.00 into the account from the MBNA account in 2006 through 2007; deposits of $13,500.00 into the account from withdrawals of cash from the Citizens Bank safe deposit box; deposits of $86,000.00 into the account from USB investment account; and $40,000.00 medical reimbursement from Capital Blue Cross and Blue Shield, for a total of $336,068.00. 26. The Master erred by failing to analyze the cash flow of the parties in relation to the dates and the amounts of the deposits placed into the joint Citizens Bank checking account, and the dates when the vast majority of the withdrawals were made from the UBS and MBNA accounts (in late 2006 and early 2007) would allow any reasonable person to -reach the conclusion that the monies from the UBS and MBNA accounts were not used to pay the marital debts, obligations, and living expenses as these monies were withdrawn ir- a group in late 2006 and 2007 and thus could not have been used by Defendant in 2004 and 2005 to pay expenses or had been deposited into the joint Citizens Bank checking account. 27. The Master erred in failing to find the Defendant's UBS-IRA to be marital property; in failing to find Defendant had deposited $65,006.78 in Defendant's separate Wachovia checking account on December 17, 2007; and in failing to find it had had been used to pay marital bills, debts, or living expenses despite Defendant previously testimony that he in fact had deposited the proceeds into the parties' safe deposit box and used it to ay marital bills, debts, and living expenses. V. The Master Failed to Require the Defendant, as a fiduciary, to Account for the Cash he Usurped. 8 28. The Master failed to find that prior to the parties' separation on November 1, 2007, that Defendant, as concerns the joint marital accounts and assets, owed a fiduciary duty to the Plaintiff to use the funds and assets for their joint benefits. 29. Defendant claims, as concerns the marital funds in the UBS account, that he would sell the investment assets, cash the checks, place the proceeds into the MBNA account, then write checks to himself from the MBNA account and place the cash into a joint Citizens Bank safe deposit box. 30. Defendant claims he then would take cash from the safe deposit box, deposit the cash into the joint Citizens Bank checking account, and pay joint debts, obligations, and living expenses from the Citizens Bank joint checking account. 31. Defendant claims he could not remember how he spent or ciistributed a $116,000.00 check he wrote to himself and cashed on Apri12, 2007. 32. Defendant claims he did not have a safe deposit box at another insinuation other than Wachovia Bank and the jointly owned safe deposit box, however, at the Master's hearing it was determined Defendant had opened a safe deposit box in his own name at Integrity Bank on October 10, 2006 and then entered the joint Citizens Bank safe deposit box on three (3) occasions thereafter on October 16, 19, and 31, 2006, and then did not return to the joint Citizens Bank deposit box until thirteen (13) months later. 33. Defendant did not withdraw money from the UBS account until February 9, 2006 and between that date and October 6, 2006 deposited $86,000.00 from the UBS account into the Citizens Bank joint checking account after which no further UBS funds were deposited into the joint Citizens Bank checking account. 9 34. Defendant did not begin to withdraw money from the MBNA account and place it into the joint Citizens Bank checking account until January 27, 2006 and from that date through May 11, 2007, only deposited $9,800.00 from the MBNA account into the joint Citizens Bank account. 35. The Master erred in failing to find that as a fiduciary who exercised "dominion and control" over the parties' cash derived from the joint accounts and all accounts being liquidated before the date of separation, he had an obligation to account for its expenditure. 36. The Master erred in failing to impose the burden of persuasion upon the Defendant to prove he spent the proceeds from the sale of the joint assets on joint obligations, debts, and living expenses. 37. Defendant claims the living expenses of the parties was about $140,000.00 a year while Plaintiff claims the amount was about $80,000.00 a year, however, if all the joint obligations, debts, and living expenses were paid from the joint Citizens Bank checking account as Defendant claims they were, then in that event the monthly expenses for the years 2004 through 2007 could not have surpassed on average more than $101,603.0() per year as there were only $406,411.78 in deposits over the same period of time. 38. The Master failed to recognize and account for the deposits made into the joint Citizens Bank checking account and of these deposits, only $86,000.00 came from the UBS account; $9,800.00 from the MBNA account; $13,500.00 from entries into the joint Citizens Bank safe deposit box; and $40,000.00 from a medical expense reimbursement. Therefore, the Master erred in not finding the deficit in the deposits into the Citizens Bank checking account were derived by other deposits. The Master failed to recognize the $257, l 11.78 deficit in the 10 Citizens Bank checking account is explained by Defendant's depositing his commissions earned during the same period of time equaling $172,088.00 and Plaintiff's earnings of $14,680.00 for a total of $186,768.00. The remaining $70,343.78 is explained by deposits of other joint marital assets. 39. The Master failed to find the following accounts and amounts on deposit existed and were unilaterally usurped by the Defendant without an adequate account or tracing of the expenditure of the funds having been given to the Plaintiff. a. UBS Investment Account $ 97,000.00 (1) Citizens Bank deposit ($86,000) (2) Unexplained ($11,000) b. MBNA Money Market Account $ 312,926.37 c. UBS /IRA $ 65,006.78 d. Members ls` Savings Account $ 83,394.24 e. Commerce Bank $ 103,531.14 f. Wachovia Bank $ 10,818.66 g. Commission for the sale of the former marital residence $ 16,000.00 Total $ 688,677.19 40. The Master by failing to find the balance of the unaccounted for marital funds equaling $688,677.19 reduced by $179,643.78 ($86,000.00 [UBS] + $9,800.00 [MBNA] + $13,500.00 [safe deposit bos] + $70,343.78 [miscellaneous cash] _ $179,643.78) left $509,033.41 unaccounted for marital funds. 11 41. The Master erred in law not to impose upon the Defendant the duty to account for the expenditures of the marital funds and should have found the funds to exist. 42. The Master erred in not finding that the Defendant was less than candid in his answers to how he spent the marital assets and the answer "I don't know," certainly does not amount to an accounting. Respectfully submitted, FF, P.C. Dated: - ~'~~ By: .lordau~. Lumm~ , r,squire PA Supreme Co I.D. No. 23144 2320 North Second Street Harrisburg, PA 17110 Telephone (717) 238-6570 Attorneys for Plaintiff 12 CERTIFICATE OF SERVICE I do hereby state that on the ~ day of June 2010, I served a true and correct copy of the foregoing in the captioned matter, by facsimile and by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Samuel L. Andes, Esquire 525 North 12"' Street P.O. Box 168 Lemoyne, PA 17043 Legal Assistant C~..~~. - -T, _ 7~il~ ~;'.~~ I J ~~'~ .~ ~i''~ C~;:V, ~~ KATHLEEN J. GARRETT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. RICHARD H. GARRETT, Defendant CIVIL ACTION -LAW NO. 2007-6668 CIVIL TERM IN DIVORCE DEFENDANT'S CROSS-EXCEPTIONS TO MASTER'S REPORT AND RECOMMENDATION AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and files the following Exceptions to the report and recommendation of the Master in this matter: 1. The Master erred by accusing Defendant of manipulating assets when, in fact, Husband took control of the martial assets because of Wife's uncontrolled problems with alcohol and managed the assets, as best he could, to preserve the dwindling assets in the estate of the parties. 2. The Master's conclusion that Defendant's explanation of the parties' monthly and annual expenses was unclear is erroneous. A review of Defendant's testimony and the exhibits he produced demonstrates both the ongoing and constant expenses he paid for the benefit of both parties and the expenses he paid annually for the benefit of both parties. A review of Defendant's testimony and exhibits demonstrates that all of the money he received from the marital assets was expended to maintain the residence, and the lifestyle of the parties, and to pay their ongoing debts and obligations. 3. The Master's conclusion that Husband converted investment assets to cash was not for the reasons Husband stated is erroneous and is not supported by the evidence. 4. The Master's conclusion that Defendant did not account for the expenditure of an account at Commerce Bank which had a balance, prior to the time of the parties' separation of $103,000.00 is erroneous. Defendant's testimony established those funds, along with the funds received from the other investment accounts, were expended by Defendant to pay the living expenses, debts, and other obligations of the parties in an attempt to preserve the marital residence and other remaining assets. 5. The Master's conclusion that Wife, who wrote many of the checks on the parties' joint checking account, had no knowledge of or access to the marital funds is erroneous and is not supported by the evidence. 6. The Master's suggestion that Husband owed a fiduciary duty to Wife regarding the handling of these funds is not supported by the evidence. Wife had free access to the accounts through which the funds passed and, in fact, expended many of those funds herself by writing checks on a regular basis. 7. The Master's recommendation that Husband be charged with receipt of $103,000.00 of marital property, for which he could not account, is erroneous and is not supported by the evidence. 8. Although the Master himself acknowledges that he is unable to account for all of the marital assets and how they were expended, he charges Husband with receipt of $103,000.00 of those assets and recommends that Husband be required to pay one half of that amount to Wife as part of the equitable distribution of the marital assets. The Master's reasoning, conclusion, and recommendation, are erroneous. 9. The conclusions of the Master, and the recommendations he makes to the court, are not supported by the evidence produced before him. 10. The conclusions reached by the Master, and the recommendations he makes to the court, are not supported by and are contrary to, the law of the Commonwealth of Pennsylvania. Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12`" Street, P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Jordan D. Cunningham, Esquire 2320 North Second Street Harrisburg, PA 17110 C~/ 1 ~• Date: 14 June 2010 ~ Amy arkins Secretary for Samuel L. Andes Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, Pa 17110 Telephone: (717) 238-6570 Facsimile: (717) 238-4809 Email: jcunnin ham(a~cclawuc.com Attorneys for Plaint '~~=wl -., ~~. .il ,.- t. .' n. 2Q d d1 -~ Pl~t 3 . a Y KATHLEEN J. GARRETT, Plaintiff v. RICHARD H. GARRETT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6668 Civil Term CIVIL ACTION -LAW IN DIVORCE MOTION TO CONTINUE ARGUMENT OF EXCEPTIONS TO MASTER'S REPORT AND NOW, comes the Plaintiff, Kathleen J. Garrett, by and through her counsel, Cunningham & Chernicoff, P.C., who files this Motion to Continue Argument of Exceptions to Master's Report and, in support thereof, avers the following: 1. Plaintiff, Kathleen J. Garrett, is an adult individual who resides at 171 Vine Street, 2. Defendant, Richard H. Garrett, is an adult individual who resides at resides at 1709 Edgar Lane, Camp Hill, Cumberland County, Pennsylvania. 3. On May 18, 2010, the Divorce Master entered his Report and Recommendations. 4. Plaintiff filed timely Exceptions to the Master's Report and Recommendations. 5. Defendant, Richard H. Garrett, filed timely Cross Exceptions to the Master's Report and Recommendations. 6. On or about June 25, 2010, Plaintiff s counsel was advised by the official court reporter that the transcript for the Master's Hearing would not be available in time for the Argument Court to be held in July, and requested that argument in this matter be postponed until the August term of argument court. 7. In accordance with the request from the official court reporter, Plaintiff s counsel requested that this matter be placed on the argument list for August 18, 2010. On July 26, 2010, Plaintiff s counsel was advised by the official Court Reporter that while the transcript has been completed, the Divorce Master has not read the transcript nor has he authorized its release as he has only recently returned from a trip to Africa. 9. The official court reporter has advised Plaintiff s counsel that she does not believe that she will be able to forward a copy of the transcript of the Master's Hearing until the week of August 2, 2010. 10. Plaintiffs counsel will not be in the jurisdiction of the Commonwealth of Pennsylvania from August 1, 2010, through August 9, 2010 as he will be on vacation. 11. Plaintiff s counsel called Defendant's counsel on July 27, 2010, to determine whether Defendant's counsel had an objection to a continuance from the August 18~' argument list in light of the fact that the transcript of the Master's proceedings is unavailable. 12. On July 28, 2010, Defendant's counsel office staff contacted Plaintiff's counsel and advised that in light of the fact that the transcript has not been released, they were of the opinion that Defendant's counsel, who was on vacation, would have no objection to the continuance of this matter from the August 18, 2010 argument list. 2 13. Plaintiff s counsel would not return from vacation in time to allow him to file a Brief in support of his Exceptions without merely guessing as to the exact statements contained in the hearing transcript and could not reference quotations or portions of the record supporting his Exceptions in a rational manner and still file the Brief in Support of the Exceptions in accordance within the time limits set forth in the Cumberland County Rules of Civil Procedure. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order continuing Plaintiffls Exceptions to the Master's Report and Recommendation and the Defendant's Counter Exceptions to the Master's Report and Recommendation from the August 18, 2010, argument list to the October 6, 2010, argument list. Respectfully submitted, CUNNINGHAN~.&~ CHERNICOFF, P.C. Dated: D B o 'ngham, Esquire P Supreme Court I.D. No. 23144 2320 North Second Street Harrisburg, PA 17110 Telephone: 717-238-6570 Attorneys for Plaintiff, Kathleen J. Garrett F:\Home\AHEWITTIDOCS\G-I\GARRETT, KATHLEEN\Motion to Continue 073010.wpd 3 CERTIFICATE OF SERVICE I do hereby state that on the ~ day of July 2010, I served a true and correct copy of the foregoing in the captioned matter, by facsimile and by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Samuel L. Andes, Esquire 525 North 12~' Street P.O. Box 168 Lemoyne, PA 17043 Legal Assistant KATHLEEN J. GARRETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION RICHARD H. GARRETT, Defendant No. 07-6668 CIVIL TERM ORDER AND NOW, this 3rd day of August, 2010, upon consideration of the Annexed Motion and upon the request of Jordan D. Cunningham, Esq., and upon relation of Defendant's counsel, Samuel L. Andes, Esq., that he has no objection, the above captioned case is stricken from the August 18, 2010 argument court list and COUNSEL ARE DIRECTED TO RELIST THE CASE FOR THE NEXT ARGUMENT COURT. BY THE COURT, J. sley Oler, J. /Jordan D. Cunningham, Esquire 2320 North Second Street Harrisburg, PA 17110 Attorney for Plaintiff uel L. Andes, Esquire 525 North 12~' Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant Court Administrator - Cp t y ~ ~ j~ ~ C , £S ~.,,~ ~ ~~ l ~ ~~~v `rr~ c~ --- - n ~._ ,_ <~- r=~~_ 3s+. _~ :, ~- -~ ~~ ;~;~ x _~. ~ ,, - ~-.~ CA/AL PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE: PROTHONOTARY OF CUMBERLAND COUNTY Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Kathleen J. Garrett Richard H. Garrett vs. (List the within matter for the next ------------------------------ -OLD ?rt'' L . Cx7 'tl Fn N ? ` -a w No. 07-6668 Civil Term 1. ;Mate matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Argument of Exceptions to Master's Report 2. Identify all counsel who will argue cases: (a) for plaintiffs: Jordan D. Cunningham, Esquire (Name and Address) 2320 N. 2nd Street, Harrisburg, PA 17110 (b) for defendants: Samuel L. Andes, Esquire (Name and Address) 525 N. 12th Street, P.O. Box 168, Lemoyne, PA 17043 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 6, 2010 Jordan D. Cunningham, Esquire Print your name Plainitt Augusta?l 2010 Attorney for Date: INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. CERTIFICATE OF SERVICE I do hereby state that on the c day of August 2010, I served a true and correct copy of the foregoing in the captioned matter, by facsimile and by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Samuel L. Andes, Esquire 525 North 12" Street P.O. Box 168 Lemoyne, PA 17043 ca/a ~ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Kathleen J. Garrett Richard H. Garrett VS. (List the within matter for th~ext~ ~ 3 ---------------------------------- ~ [JD m ...~ 0 c~ n ~ ~ -rt ~~ --+ -~ rn cn r- -- ~' o ~ ,~ ~ , ~~ ~ c~ ~ ~~ ° `~7 ~O 3~ O ~ ~~ "i `~ N t.n ~ -< No. 07-6668 Civil Term 1. Spate matter to be argued (i.e., plaintiff s motion for new trial, defendant's demurrer to complaint, etc.): ~rswnent of Exceptions to Master's Report 2. Identify all counsel who will argue cases: (a) for plaintiffs: Jordan D. Cunningham, Esquire (Name and Address) 2320 N. 2nd Street, Harrisburg, PA 17110 (b) for defendants: Samuel L. Andes, Esquire (Name and Address) 525 N. 12th Street, P.O. Box 168, Lemoyne, PA 17043 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 15, 2010 Jordan D. Cunningham, Esquire Print your name Plainitt Date: Octobers 2010 Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. CERTIFICATE OF SERVICE I do hereb state that on the ~~da of October 2010, I served a true and correct co y Y Y P of the foregoing in the captioned matter, by facsimile and by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Samuel L. Andes, Esquire 525 North 12~' Street P.O. Box 168 Lemoyne, PA 17043 Legal Assistant PRAECIPE FOR LISTING CASE FOR ARGUMENT LA--r A-L (Must be typewritten and submitted in triplicate) NO TO THE PROTHONOTARY OF CUMBERLAND COUNTY Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Kathleen J. Garrett vs. Richard H. Garrett (List the within matter for t;4 xt h !'= ---------------------------------- ® Q C-1) ?c --4 1 n CD ?sue tv C3 rry i ? ?T v No. 07-6668 Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Argument of Exceptions to Master's Report 2. Identify all counsel who will argue cases: (a) for plaintiffs: Jordan D. Cunningham, Esquire (Name and Address) 2320 N. 2nd Street, Harrisburg, PA 17110 (b) for defendants: Samuel L. Andes, Esquire (Name and Address) 525 N. 12th Street, P.O. Box 168, Lemoyne, PA 17043 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: January 14, 2010 Date: December J. , 2010 Jordan D. Cunningham, Esquire Print your name Plaintiff Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to'argument. 4. If argument Is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. CERTIFICATE OF SERVICE I do hereby state that on tha day of December 2010, I served a true and correct copy of the foregoing in the captioned matter, by facsimile and by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Samuel L. Andes, Esquire 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 Angela L. Tiewi Legal Assistant KATHLEEN J. GARRETT, Plaintiff V. RICHARD H. GARRETT, Defendant DEC 0 3 Zulu IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6668 Civil Term CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this 34day of December, 2010, upon review of the Annexed Motion and upon the request of Jordan D. Cunningham, Esquire, the above referenced matter is stricken from the December 13, 2010 Argument List. Plaintiff's counsel is directed to list the case for the next Argument Court. 120 1k9 rnCI-L L La C,D M 11-1 1 rn c ? _ F °a r*7 V) > s? =C) ?n ?P-1 .. -, C _ F1LEO-iii= 't . pr) 0 1 1k4 12 1lrac PCI KATHLEEN J. GARRETT, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW RICHARD H. GARRETT, ) NO. 2007-6668 CIVIL TERM Defendant ) IN DIVORCE MOTION FOR CONTINUANCE AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and moves the court to continue argument of the exceptions filed by the parties to the Master's report and recommendations, based upon the following: 1. The moving party herein is the Defendant. The respondent herein is the Plaintiff. 2. The parties participated in proceedings before the Master and the Master issued a report and recommendation to the court. Both sides filed timely exceptions to the Master's report. 3. The parties' exceptions have been scheduled for argument before the court and were recently, upon the request of Plaintiff, continued and rescheduled for the January 2011 term of argument court. 4. Defendant's counsel is not available to participate in argument court on the date set in January 2011 because of a prior commitment elsewhere. 5. The parties have agreed to continue and postpone argument of the exceptions and re- list the matter for argument at the court's argument court session scheduled in mid February 2011. 6. Counsel for both parties, Jordan D. Cunningham, Esquire for Plaintiff and Samuel L. Andes, for Defendant concur in the request for a postponement and continuance of the argument of the exceptions. 7. No prior Judge has been involved in conducting hearings or ruling on matters of substance in the case. WHEREFORE, Defendant moves this court to move this case from the argument court session schedule for mid January 2011 and, upon filing an appropriate Praecipe, to schedule the matter for argument in February 2011. Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12t' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: S L I?. S CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Jordan D. Cunningham, Esquire 2320 North Second Street Harrisburg, PA 17110 Date: 30 December 2010 Amy Harkins ecretary for Samuel L. Andes Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, Pa 17110 Telephone:(717) 238-6570 Facsimile:(717) 238-4809 Email:'cuI nninghamna,cclawpc.com Attorneys for Plaintiff KATHLEEN J. GARRETT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA G, c -y = NO. 07-6668 Civil Term mr RICHARD H. GARRETT, `a ' ?? -v,T? Defendant CIVIL ACTION - LAW ? o IN DIVORCE C) -0 C5 :;n CD n 1? CD n PRAECIPE TO FILE PROOF OF SERVICE o -c TO THE PROTHONOTARY: Please filed the attached copies of correspondence as Proof of Service in the above matter indicating service of the Defendant of the notification of listing this matter for argument court to be heard on January 14, 2011 on December 29, 2010. Dated: /a IV By: Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. MAID. Cunningham, Esquire A Supreme Court I.D. No. 23144 2320 North Second Street Harrisburg, PA 17110 Telephone: 717-238-6570 Attorneys for Plaintiff, Kathleen J. Garrett F:\Home\AHEWITT\DOCS\G-I\GARRETT, KATHLEEN\praecipe for proof of service 122910.wpd Transmission Report DatatTime 12-29-2010 04:44:38 p.m. Transmit Header Text Local ID 1 717 238 4809 Local Name 1 Local ID 2 Local Name 2 This document : Confirmed (reduced sample and details below) Document size : 8.5"x11" JORDAN D.CSIHNBNOHAM CUNNINGHAM & CHMNICOFF, P.C. ROBERT E CHERMOOFF ATTORNEYS AT LA W MARC W. WrrZIO Box 60457 P O BRUCEL WARSHAWSKY KLT,LYM. KMOHT . . HARRISBURG, PA 171064457 TRACY L. UPDIKE NICHOLAS&FANELLI TEL5PHOM (717)239.6570 FAX: (717)239.4909 TO: Samuel Andes, Esquire FAX: (717) 761-1435 FROM: Jordan D. Cunningham, Esquire DATE: December 29, 2010 feasHey.r,l (717)334-2933 IRS No.23-2274135 2320NORTH SrSTREST HARRISBURG PA 17110 RE: Xathken J. Carrell Y. Richard H. Conva Cumberland County Court of Common Pku Doeket No. 07.6668 Our File No. 406108 Total number of pages in this transmittal, including cover a wd: NOrM IF YOU DO NOT RECEIVE AU, OF THE PAGES, OR ANY PAGES ARE UNCLEAR. PLEASE CALL. ANM A HEWITT AT 717x233-6570 AS SOON AS POSSIBLE. THIS MESSAOB IS INTENDED ONLY MR THE USE OF THE ADDRESSEE AND MAY CONTAIN MFORMATION THAT IS PRINTLEGPD AND CONFIDENTIAL. IF YOU ARE NOT THE INTENDED RECIPIENT. YOU ARE HEIMY NOTIFIED THAT ANY D1SSP2AINATION OF THIS ODMMUNICATMN IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPIICNIE- THANK YOU. ?_? . ? T..{.?I D.?nec !^nnArrnnrl • 'i No. N Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 832 717 761 1435 04:43:16 p.m. 12-29-2010 00:00:27 3/3 1 EC HS CP26400 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 WS: Waiting send MS: Mailbox save FA: Fail RP: Report EC: Error Correct JORDAN D. CUNNINGHAM ROBERT E. CHERNICOFF MARC W. WITZIG BRUCE J. WARSHAWSKY KELLY M. KNIGHT TRACY L. UPDIKE NICHOLAS A. FANELLI CUNNINGHAM & CHERNICOFF, P.C. ATTORNEYS AT LAW P.O. Box 60457 HARRISBURG, PA 17106-0457 TELEPHONE (717) 238-6570 FAX: (717) 2384809 FACSIMILE TRANSMITTAL PAGE TO: Samuel Andes, Esquire FAX: (717) 761-1435 FROM: Jordan D. Cunningham, Esquire DATE: December 29, 2010 RE: Kathleen J. Garrett v. Richard H. Garrett Cumberland County Court of Common Pleas Docket No. 07-6668 HERSHEY TELEPHONE (717) 534-2833 IRS No. 23-2274135 STREET ADDRESS: 2320 NORTH SECOND STREET HARRIsBURG, PA 17110 Our File No. 406108 Total number of pages in this transmittal, including cover sheet: MESSAGE: NOTE: IF YOU DO NOT RECEIVE ALL OF THE PAGES, OR ANY PAGES ARE UNCLEAR, PLEASE CALL ANGELA HEWITT AT 717-238-6570 AS SOON AS POSSIBLE. THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE. THANK YOU. JORDAN D. CUNNINGHAM CUNNINGHAM & CHERNICOFF, P.C. ROBERT E. CHERNICOFF ATTORNEYS AT LAW MARC W. WITZIG P.O. Box 60457 BRUCE J. WARSHAWSKY PA 17106-0457 HARRISBURG KELLY M. KNIGHT , TRACY L. UPDIKE NICHOLAS A. FANELLI TELEPHONE: (717) 238-6570 FAx: (717) 238-4809 December 29, 2010 VIA FACSIMILE and U.S. MAIL. Samuel L. Andes, Esquire 525 North 12'h Street P.O. Box 168 Lemoyne, PA 17043 Re: Kathleen J. Garrett v. Richard H. Garrett Cumberland County Court of Common Pleas Docket No. 07-6668 Our File No. 406108 Dear Sam: HERSHEY TELEPHONE (717) 534-2833 IRS No. 23-2274135 STREET ADDRESS: 2320 NORTH SECOND STREET HARRISBuRG, PA 17110 I am enclosing a copy of the Notification I received in the above captioned matter listing the case for the argument court to be heard on January 14, 2011. If you have any questions, please do not hesitate to contact me. Very truly yours, C. JDC/alh enclosure Dictated but not read. cc: Kathleen Garrett (via U.S. Mail only) FAHome\AHEWrM)0CS\G-1\GARRETr. KATHI.EEMCORRESPONDENCEU22810 opposing.wpd OF'F'ICE OF THE PROTHONOTARY CUMBERLAND COUNTY DAVID D. BUELL PROTHONOTARY Jordan D. Cunningham, Esq. 2320 N. 2°d Street Harrisburg, PA 17110 DATE: December 27, 2010 TO Attorney Cunningham: THIS IS TO NOTIFY YOU THAT CASE NUMBER 074668 Kathleen J. Garrett VS. Richard H. Garrett HAS BEEN LISTED FOR ARGUMENT ON January 1442010 Cumberland County Argument Court Rules 1028(c), 1034(a) and 1035.2(a) shall be strictly enforced. If the issue was listed for prior argument you must re-file your brief as per Local Rule 1028(c)10. David D. Buell Prothonotary CERTIFICATE OF SERVICE I do hereby state that on the, day of December 2010,1 served a true and correct copy of the foregoing in the captioned matter, by facsimile and by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Samuel L. Andes, Esquire 525 North 12`h Street P.O. Box 168 Lemoyne, PA 17043 Angela L. ewitt Legal Assistant KATHLEEN J. GARRETT, Plaintiff VS. NO. 2007-6668 CIVIL TERM RICHARD H. GARRETT, Defendant F)L9Z - 0MCL- of THe PeonxWarn P-V loll JAN 5 &4"CAD ,PA 0te ',IAN 04 ?011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW this day of _3 »-, , 2011, upon the attached Motion, it appearing that counsel for both parties concur in the request for a continuance, this matter is removed from argument court scheduled for 16 January 2011. The parties are directed to re-list the matter for argument at the next scheduled argument court date. Distribution: 11-*? d Jordan D. Cunningham, Esquire (Attorney for Plaintiff) N'" 2320 North Second Street, Harrisburg, PA 17110 ? 15110 Samuel L. Andes, Esquire (Attorney for Defendant) 06 525 North 12' Street, P.O. Box 168, Lemoyne, PA 17043 BY THE COURT, PRAECIPE FOR LISTING CASE FOR ARGUMENT C o 'n (Must be typewritten and submitted in triplicate) C- =--n +- TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for tlia ext ? MC3 Argument Court.) ' °p -------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) j? - orn Kathleen J. Garrett --? D vs. Richard H. Garrett No. 07-6668 Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Argument of Exceptions to Master's Report 2. Identify all counsel who will argue cases: (a) for plaintiffs: Jordan D. Cunningham, Esquire (Name and Address) 2320 N. 2nd Street, Harrisburg, PA 17110 (b) for defendants: Samuel L. Andes, Esquire (Name and Address) 525 N. 12th Street, P.O. Box 168, Lemoyne, PA 17043 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: February 18, 2011 ig e J an D. Cunningham, Esquire Print your name Plaintiff January , 2011 Attorney for Date: INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. CERTIFICATE OF SERVICE I do hereby state that on the (0 day of January 2011, 1 served a true and correct copy of the foregoing in the captioned matter, by facsimile and by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Samuel L. Andes, Esquire 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 Legal Assistant J KATHLEEN J. GARRETT, PLAINTIFF V. RICHARD H. GARRETT, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-6668 CIVIL TERM IN RE: PLAINTIFF'S EXCEPTIONS TO THE DIVORCE MASTER'S REPORT AND DEFENDANT'S EXCEPTIONS TO THE DIVORCE MASTER'S REPORT BEFORE OLER. J., GUIDO. J. AND MASLAND. J. ORDER OF COURT AND NOW, this 4:0q? day of June, 2011, the Plaintiffs exceptions to the Divorce Master's Report are OVERRULED. The Defendant's exceptions to the Divorce Master's Report are OVERRULED. By the Court, Jordan D. Cunningham, Esquire For Plaintiff r L Samuel L. Andes, Esquire For Defendant A bert H. Masland, ?J? :saa C= --4 L -u C2 --icD G3 ti KATHLEEN J. GARRETT, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAN IA V. RICHARD H. GARRETT, : DEFENDANT 07-6668 CIVIL TERM a° -+o SUPPLEMENTAL DECREE RESPECTING EQUITABLE DISTRIBUTION AND NOW, this d ay of June, 2011, it is ordered and decreed that: (1) Plaintiff shall receive the UBS IRA, valued at $22,481.06; (2) Plaintiff shall receive all the escrow proceeds from the sale of the parties' house and mortgage and homeowners' insurance refunds, in the amount of $69,077.10; (3) Plaintiff shall receive the 2001 Mercedes Sedan; (4) Defendant shall pay Plaintiff the sum of $9,008.42 within 60 days of this decree; (5) Defendant shall receive the 2007 Lexus trade-in value. By the Court, Albert H. Masland, J. Jordan D. Cunningham, Esquire For Plaintiff t Samuel L. Andes, Esquire For Defendant saa (''rr; e-,5 led is/.AO1i/ a KATHLEEN J. GARRETT, PLAINTIFF V. RICHARD H. GARRETT, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-6668 CIVIL TERM SUPPLEMENTAL DECREE RESPECTING COUNSEL FEES AND COSTS AND NOW, this day of June, 2011, it is ordered and decreed that Defendant's request for counsel fees and costs is DENIED. By the Court, ;/ Jordan D. Cunningham, Esquire For Plaintiff Samuel L. Andes, Esquire For Defendant saa e0p; e5 lM? , l ??30/i? Albert H. Masland, J. c C) a r vv o? ?`t'? = Zt7 G :-c KATHLEEN J. GARRETT, PLAINTIFF V. RICHARD H. GARRETT, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-6668 CIVIL TERM IN RE: PLAINTIFF'S EXCEPTIONS TO THE DIVORCE MASTER'S REPORT AND DEFENDANT'S EXCEPTIONS TO THE DIVORCE MASTER'S REPORT BEFORE OILER, J., GUIDO, J. AND MASLAND, J OPINION AND ORDER OF COURT Masland, J., June 29, 2011:-- Before the court are the exceptions to the divorce master's report filed by both Plaintiff, Kathleen J. Garrett (Wife) and Defendant, Richard H. Garrett (Husband). After extensive briefing by the parties and argument en banc, we now overrule both parties' exceptions and endorse the master's report in all respects. 1. Facts During the course of the parties' lengthy marriage, they operated an electronic component supply company. For many years, the business was successful and afforded the parties a substantial income and accumulated assets, including a valuable home and investments in cash and annuities. Due to foreign competition, the business soured and ultimately had to be shuttered. After the close of the business, Husband attempted a new electronics venture but that was ultimately unsuccessful. Eventually, he settled into a career in real estate. Unfortunately, Husband earned only a fraction of his previous 07-6668 CIVIL TERM income in his new career. Even more unfortunately, throughout the entire period of time from the winding down of the original business to the parties' separation, they maintained their lavish lifestyle, including an exclusive residence, luxury automobiles, and other amenities. To finance their lifestyle, Husband proceeded to liquidate virtually all of the parties' accumulated assets. In doing so, he had exclusive control of the parties' purse strings and kept shoddy documentation of his expenditures on the parties' behalf. By the time of the parties' separation and the initiation of divorce proceedings, the marital estate had been reduced to a shadow of its former self. The parties now litigate over the remains. II. Discussion After proceedings before a Divorce Master, the Master concluded that Husband had expended the vast majority of the marital estate to maintain the parties' previous lifestyle. In the absence of evidence to contradict the majority of Husband's account, the Master largely accepted Husband's contention that he expended the funds for the benefit of the marital estate. However, the Master did find that Husband could provide no explanation for the disposition of one savings account and therefore concluded that Husband had derived the majority of the benefit from that account and included it in the calculation of the remaining marital estate. Both parties take exceptions to the Master's Report. Wife, in a 45-page brief, takes exception to every aspect of the Master's Report, but for the finding that the previously mentioned savings account should be imputed to the marital estate. In her brief, she takes the opportunity to essentially present the facts of -2- 07-6668 CIVIL TERM her entire case a second time. For his part, Husband argues the Master erred regarding the savings account imputed to the marital estate. For the following reasons, we overrule both parties' exceptions and endorse the Master's Report in every respect. A. Wife's Exceptions At the outset, we note "a master's report and recommendation, although only advisory, is to be given the fullest consideration, particularly on the question of credibility of witnesses, because the master has the opportunity to observe and assess the behavior and demeanor of the parties." Moran v. Moran, 839 A.2d 1091, 1095 (Pa. Super. 2003). In the instant case, where we are largely without a paper trail to document Husband's disposition of the martial estate, we must rely almost exclusively on the Master's estimation of Husband's credibility. Ultimately, lacking exhaustive documentation of Husband's disposition of the marital estate, the Master accepted Husband's accounting of his July 2007 expenditures and utilized these figures to extrapolate a rough annual expenditure figure. Implicit in this approach is a limited credibility determination in Husband's favor. We emphasize the word "limited," as the Master noted, "the Master is very suspicious of how [H]usband handled the marital assets, nevertheless, he is at the same loss as [W]ife to try to account for how the marital estate was spent." Master's Report, March 2, 2010 at 5. What the Master did find credible was Husband's basic explanation that he spent the bulk of the martial assets trying to maintain the expensive lifestyle the couple had enjoyed prior to the downfall of Husband's business. This credible explanation, coupled with the absence of -3- 07-6668 CIVIL TERM countervailing evidence, led the Master to rely on Husband's July 2007 accounting to form the basis for his award of equitable distribution. We agree with the approach and conclude that Husband's credible testimony, coupled with the lack of evidence to the contrary, establish that Husband spent the vast majority of the parties' assets for the benefit of the marital estate, subject to the liabilities described in the Master's Report. B. Husband's Exceptions The Master did, however, find one asset that neither party was able to account for, a Commerce Bank savings account in the amount of $103,000.00. Because neither party could explain the disposition of those funds, and Husband was, at all times, in control of the assets, the Master presumed Husband benefited from the use of those funds more than Wife. Accordingly, in the interest of justice, the Master included the value of the vanished account in the calculation of the marital assets subject to a 50150 split between the parties. We endorse this finding as well. As before, the Master had to base his finding on a combination of credibility determinations and the lack or presence of some evidence. Here, we endorse the Master's finding because, (1) it is undisputed that Husband was in exclusive control of the missing funds; (2) neither party could provide an explanation for the disposition of the funds; and (3) the Master found Husband's claimed ignorance of the disposition of the funds to be not credible. As such, the value of the savings account was properly imputed to the marital estate. -4- 07-6668 CIVIL TERM III. Conclusion Based on the Master's credibility determinations and Husband's accounting of the parties' monthly expenses, we now overrule both parties' exceptions in all respects. AND NOW, this ORDER OF COURT e:? day of June, 2011, the Plaintiff's exceptions to the Divorce Master's Report are OVERRULED. The Defendant's exceptions to the Divorce Master's Report are OVERRULED. By the Court, Albert . Masland, Jordan D. Cunningham, Esquire For Plaintiff t? Samuel L. Andes, Esquire For Defendant aaa ?pp; PS fMo. /Pl/ A41e{ 4111*// Voce .,330' ? c ?o -o v-n 9:11" W -5- KATHLEEN J. GARRETT, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD H. GARRETT, DEFENDANT NO. 07-6668 CIVIL TERM DIVORCE DECREE AND NOW, ?t %,?c ,11 , av l 1 , it is ordered and decreed that KATHLEEN J. GARRETT , plaintiff, and RICHARD H. GARRETT , defendant, are divorced from the bonds of matrimony. Contemporaneously, supplemental decrees respecting equitable distribution and counsel fees and costs are being issued in accordance with the accompanying opinion. By the Court, Cer/ ropy r+at teal fly Cvnnlrl Adm ?. 3 0• /I r /?d rho ? Sri eS ?(/D ??,v y rrd KATHLEEN J. GARRETT, Plaintiff V. RICHARD H. GARRETT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6668 Civil Term CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this ll day of January 2012, based upon the parties having indicated to the Court that a resolution of the issues existing between them has been reached and a proposed order will be forthcoming for the Court's review and approval setting forth their understanding, it is hereby Ordered the hearing scheduled in this matter for January 1. 1, 2012 at 10:30 a.m. is generally continued subject to being rescheduled upon the filing of a Praecipe of either party in the event the wording of a proposed order cannot be agreed upon between the parties. BY THE COURT, Distribution: ? Samuel Andes, Esquire, 525 North 12" Street, P.O. Box 168, Lemoyne, PA 17043 C= Jordan D. Cunningham, Esquire, 2320 N. Second Street, Harrisburg, PA 17110 l?3 zM _ C. n r- rn p N "'Y CD :71