The URL can be used to link to this page

Home My WebLink About08-6393 KELLY M. GROB, Plaintiff V. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION: DIVORCE JASON D. GROB, Defendant : No. 2008 - CV- 6 3 9 3 - DV NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 INTRIERI & ASSOCIATES 615 North 48' Street Harrisburg, PA 17111-3625 (717) 564-6969 Atty. I . D.: 76117 PMILaw@verizon.net KELLY M. GROB, Plaintiff V. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION: DIVORCE JASON D GROB, Defendant : No. 2008 - CV- 6 3 `/ 3 - DV COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, wife Kelly M. Grob, by and through her attorney, Philip M. Intrieri, Esq., who files this Petition for Divorce, pursuant to Sections 3301(c) and 3301(d) of the Divorce Code, with additional prayer for Equitable Distribution of Marital Property, and in support thereof avers as follows: COUNT ONE: DIVORCE 1. Plaintiff is Kelly M. Grob, an adult individual, who resides at 706 Erford Road, Camp Hill, PA 17011. 2. Defendant is husband Jason D. Grob, an adult individual, who resides at 7 Scarsdale Drive, Camp Hill, PA 17011. 3. Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania for at least six months prior to the commencement of this action. 4. Plaintiff and Defendant were married on February 24, 2007, in Cumberland County, Pennsylvania. 5. Plaintiff and Defendant were separated on September 21, 2008. 6. The grounds for divorce are mutual consent, based on the belief the Defendant will, after ninety days have elapsed from the commencement of this action, consent to the entry of a divorce decree; or in the alternative, that the marriage is irretrievably broken, in that the parties have lived separate and apart since September 21, 2008, and continue to live separate and apart as of the date of the filing of this complaint. 7. There were two children born of the marriage: Masiella M. Grob, born March 26, 2005, and Anthony J. Grob, born June 14, 2007. 8. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 9. Neither party to this action is presently a member of the Armed Forces of the United States. 10. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 2. 11. WHEREFORE, Plaintiff prays this Honorable Court enter a decree divorcing Plaintiff and Defendant from the bonds of matrimony. COUNT TWO: CLAIM FOR EQUITABLE DISTRIBUTION 12. The averments of paragraphs 1-11, supra, are incorporated by reference herein as if set forth in full. 13. Plaintiff and Defendant are joint owners of entireties property, including, inter alia, the marital home, personal property, and various items of household furnishings acquired during their marriage which are subject to equitable distribution. 14. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. 15. WHEREFORE, Plaintiff prays this Honorable Court enter a decree equitably dividing, distributing, or assigning the real and personal property of the parties, and justly apportioning their marital debts and obligations, and further, Plaintiff requests such other additional relief as the Court may deem just and proper. Respectfully submitted, lv -J - 9 X68 Date Philip M. Intneri, Esq. Attorney for Plaintiff 3. INTRIERI & ASSOCIATES Philip M. Intrieri, Esq. 615 North 4e Street Harrisburg, PA 17111-3625 (717) 564-6969 PMILaw@verizon.net Pa. Attomey I.D. 76117 VERIFICATION I hereby verify that the statements made in this COMPLAINT FOR DIVORCE are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. In _a -D Date . K M. Grob Plaintiff' INTRIERI & ASSOCIATES Philip M. Intrieri, Esq. 615 North 4e Street Harrisburg, PA 17111-3625 (717) 564-6969 Attomey I. D. # 76117 PMILaw@verizon.net CERTIFICATE OF SERVICE I, Philip M. Intrieri, Esq., do hereby certify that on October , 2008, 1 served a true and correct copy of the foregoing PLAINTIFF'S COMPLAINT IN DIVORCE, by causing the documents to be deposited in the United States Mail, first class postage, pre-paid, and having enclosed therein an Acknowledgement of Acceptance of Service, to the following: Jason D. Grob 7 Scarsdale Drive Camp Hill, PA 17011 l? l o lb Date Philip M. Intrieri, Esq. Attorney At Law 615 North 48th Street Harrisburg, PA 17111 (717) 564-6969 Atty. ID # 76117 G? c Nil ?•` ? W 3 ? v C9 (l? c o a ? b p A A. 1 ' l Q C f n rl-I ;J C ? -n ,. INTRIERI & ASSOCIATES Philip M. Intrieri,. Esq. 615 North 4e Street Harrisburg, PA 17111-3625 (717) 564-6969 Atty. I.D.: 76117 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION: DIVORCE : No. 2008 - CV- 6393 - DV PRAECIPE TO FILE ACCEPTANCE OF SERVICE To: The Honorable, Prothonotary of Cumberland County: Please note on the docket and file the enclosed AFFIDAVIT OF ACCEPTANCE OF SERVICE in the above-captioned matter. Service of the Complaint in Divorce was accepted by the Defendant on November 2, 2008. KELLY M. GROB, Plaintiff V. JASON D GROB, Defendant Date cc: Ms. Kelly D. Grob File Philip M. Intried, Esq. Counsel for Plaintiff INTRIERI & ASSOCIATES 615 North 4e Street Harrisburg, PA 17111-3625 (717) 564-6969 Atty. I.D.: 76117 PMILaw@verizon.net v D ?.J KELLY M. GROB, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION: DIVORCE JASON D. GROB Defendant : No. 2008 - CV- 6 3 ? 3 - DV AFFIDAVIT OF ACCEPTANCE OF SERVICE I hereby accept service of the COMPLAINT IN DIVORCE filed at the above term and docket number. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A., Section 4904, relating to unsworn falsification to authorities. 1 08 D Ate ,yason D .-Grob, Defendant t! Scarsdale Drive Camp Hill, PA 17011 " C) C G? "CS ms . Fn g M: N !ib KELLY M. GROB, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - CV- 6393 - DV <_y JASON 1). GROB, Defendant CIVIL ACTION - DIVORCE n MOTION FOR APPOINTMENT OF MASTER s - ra ?71 C , Jason D. Grob Defendant moves the court to appoint a Master with respect to the following cols: r { 't '1 r , , o ? n -? (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a Master is requested. (2) The Plaintiff has appeared in the action through his attorney, Philip M. Intrieri, Esquire. (3) The statutory ground(s) for divorce (are) 23 Pa. C.S.A. H 3301(c), (d) and (a)(6). (4) Delete the inapplicable paragraph(s): (a) The action isnot contested. (b) An agreement has been reached with respect to the following claims: None. (c) The action is contested with respect to the following claim: Distribution of Property. (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one-half (/2) day. (7) Additional information, if any relevant e motion: N/A. Date: ik / Thomas M. Clark Esquire COLGAN & MARZZACCO Attorney for Defendant ORDER APPOINTING MASTER AND NOW, this day of , 2010, , Esquire is appointed master with respect to the following claims: By the Court: J. ?l KELLY M. GROB, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - CV- 6393 - DV • c JASON D. GROB, Defendant CIVIL ACTION - DIVORCE -ti ' m C? 4) MOTION FOR APPOINTMENT OF MASTER f{ Jason D. Grob, Defendant, moves the court to appoint a Master with respect to the following tRs: r. m o A P< (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a Master is requested. (2) The Plaintiff has appeared in the action through his attorney, Philip M. Intrieri, Esquire. (3) The statutory ground(s) for divorce (are) 23 Pa. C.S.A. §_? 3301(c). (d) and (a)(6). (4) Delete the inapplicable paragraph(s): (a) contested. The action is not (b) An agreement has been reached with respect to the following claims: None. (c) The action is contested with respect to the following claim: Distribution of Property. (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one-half ('/z) day. (7) Additional information, if any relevant e motion: N/A. Date: _ .3% / 1?- (1-i Thomas M. Clark, Esquire COLGAN & MARZZACCO Attorney for Defendant ORDER APPOINTING MASTER AND NOW, this 93 4 day of '2010, Esquire is appointed master with respect to a following claims: z :` Z A' r P. N s ? By the Court: . .0. /004-. I _ 1 KELLY M. GROB, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - CV- 6393 - DV JASON D. GROB, Defendant CIVIL ACTION - DIVORCE INVENTORY OF JASON D. GROB Thomas M. Clark, Esquire COLGAN MARZZACCO 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 502-5000 Attorney for Plaintiff Philip M. Intrieri, Esquire 615 North 48' Street Harrisburg, PA 17111-3625 Attorney for Defendant (717) 564-6969 .2 N-) M "' r *r = Q a -- °rn 0 ASSETS OF THE PARTIES Defendant marks on the list below, those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (X) 1. Real property ( ) 2. Motor vehicles ( ) 3. Stock, bonds, securities and options ( ) 4. Certificates of deposit ( ) 5. Checking accounts, cash ( j 6. Savings accounts, money market and savings certificates ( ) 7. Contents of Safe Deposit boxes ( } S. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value, and current certification) ( } 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Business (list all owners, including percentage (%) of ownership, and officer/director positions held by a party with the company) ( } 16. Employment termination benefits; severance pay, Workman's Compensation (claimlawwd) ( ) 17. Profit Sharing plans ( ) 18. Pension plans (indicate employee contribution and date plan vests) ( } 19. Retirement Plans, Individual Retirement Accounts ( ) 20. Disability Payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits ( ) 24. Debts due others, including loans, mortgages held ( ) 25. Household Furnishings and Personalty (Include as a Total Category and attach an itemized fist if distribution of such assets is in dispute) ( ) 26. Other MARITAL PROPERTY Defendant marks on the list below, those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. ITEM NUMBER l DESCRIPTION OF Marital Residence: PROPERTY 7 Scarsdale Drive Camp Hill, PA 17011 (it is believed that there is no equity in the marital residence) NAMES OF ALL, Jason D. Grob and OWNERS Kelly M. Grob NON-MARITAL PROPERTY Defendant marks on the list below, those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. ITEM NUMBER DESCRIPTION OF Zoos Hyundai PROPERTY Tiburon NAMES OF ALL Jason D. Grob OWNERS BASIS FOR Purchased after EXCLUSION won FROM MARITAL PROPERTY LIABILITIES OF THE PARTIES Defendant marks on the list below, those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. ITEM NUMBER 24 24 DESCRIPTION OF Mortgage Credit card LIABILITY NAMES OF ALL Chase Members 1St CREDITORS NAMES OF ALL Kelly M. Grob Jason D. Grob DEBTORS Jason D. Grob INVENTORY OF JA Defendant, Jason D. Grob, files the following Inventory of all property owned by either party at the time this action was commenced and all property transferred within the preceding three (3) years- I verify that the statements made in this Inventory are true and correct, I understand that false statements made herein are made subject to penalties of IS PA.C.S. Section 4904 relating to uns rn falsification to law enforcement authorities. SIGNATURE: DATE: l l 6 V KELLY M. GROB, IN THE COURT OF COMMON PLEAS Respondent/Plaintiff CUMBERLAND COUNTY, PENNSY]PYAA ` i NO. 2008 - CV- 6393 - DV ~ JASON D. GROB, Petitioner/Defendant CIVIL ACTION - DIVORCE , cab DEFENDANT'S PETITION FOR SPECIAL RELIEF TO COMPEL PLAINTIFF TO SIGN DEED FOR MARITAL RESIDENCE AND NOW, this day of September, 2010, comes Petitioner/Defendant, Jason D. Grob, by and through his attorney, Thomas M. Clark, Esquire, of Colgan Marzzacco, LLC, and files the instant Defendant's Petition for Special Relief to Compel Plaintiff to Sign Deed for Marital Residence, respectfully averring as follows: 1. The Petitioner is Jason D. Grob, who currently resides at 7 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Respondent is Kelly M. Grob, who currently resides in Perry County, Pennsylvania. 3. Plaintiff and Defendant were married on February 24, 2007, in Cumberland County, Pennsylvania. 4. Wife filed a Complaint in Divorce on October 29, 2008. 5. The parties own a marital residence situate at 7 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 6. The parties separated in September of 2008. 7. Since the parties' separation in September of 2008, Husband has been exclusively residing in the marital residence. 8. Since the parties' separation in September of 2008, Wife has not resided in the marital residence. 9. There is no equity in the martial residence. 10. The mortgage holder for the marital residence has begun foreclosure proceedings. 11. Although the mortgage holder has begun foreclosure proceedings, the mortgage holder is willing to work with Husband so that he can remain in and purchase the marital residence. 12. Husband is requesting that Wife be compelled to sign the Deed transferring the marital residence to Husband so that he can preserve the marital residence. 13. Given the short marriage, Husband believes that there are no other economic issues that require a Divorce Masters involvement. 14. If Wife feels that there are other issues which require the Divorce Master's involvement, Husband will willingly participate in that process. 15. Husband believes that Wife is not willing to sign the Deed transferring the marital residence, because Wife does not want Husband to retain the residence. 16. Husband retaining this residence with no equity will benefit Wife in that Wife will not have a foreclosure on her record. 17. Husband believes that, if he is forced to wait to deal with this issue before the Divorce Master, Husband may lose his opportunity to save the marital residence. 18. Section 3502(e) of the Divorce Code reads, in pertinent part: If, at any time, a party has failed to comply with an order of equitable distribution, as provided for in this chapter or with the terms of an agreement as entered into between the parties, after hearing, the court may, in addition to any other remedy available under this part, in order to effect compliance with its order: (1) enter judgment; ... (4) order and direct the transfer or sale of any property required in order to comply with the court's order; (6) issue attachment proceedings, directed to the sheriff or other proper officer of the county, directing that the person named as having failed to comply with the court order be brought before the court, at such time as the court may direct. If the court finds, after hearing, that the person willfully failed to comply with the court order, it may deem the person in civil contempt of court and, in its discretion, make an appropriate order, including, but not limited to, commitment of the person to the county jail for a period not to exceed six months; (7) award counsel fees and costs; (9) find the party in contempt. 19. This matter has not been previously assigned to any Judge for any other Divorce issues, however, The Honorable J. Wesley Oler, Jr. has been involved in the Parties' Custody matter. 20. The undersigned has sought the concurrence of Philip Intreri, Esquire, counsel of record for Respondent/Plaintiff for the foregoing Petition, however, counsel does not concur with said Petition. WHEREFORE, Husband respectfully requests This Honorable Court to direct as follows: A. That Wife be compelled to immediately sign the Deed transferring the marital residence (7 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011) to Husband; B. Wife shall pay to Husband's counsel the amount of reasonable counsel fees and expenses incurred in connection with the filing, preparation, and disposition of the instant Petition; and C. Any other equitable relief the Court deems just and appropriate. Respectfully submitted, Dated: Z g! COLGAN MARZZACCO, LLC Thomas M. Clark, Esquire 130 West Church Street Dillsburg, PA 17019 (717) 502-5000 I.D. # 85211 KELLY M. GROB, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - CV- 6393 - DV JASON D. GROB, Defendant CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Philip M. Intrieri, Esquire 615 North 48`' Street Harrisburg, PA 17111-3625 By: COLGAN MARZZACCO, LLC Thomas M. Clark, Esquire ID # 85211 130 West Church Street Dillsburg, PA 17019 (717) 502-5000 Dated: X_'? xo VERIFICATION I, Jason D. Grob, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. §4904, relating to unworn falsification to authorities. Date: ! V r OCR' 01 ?PIP KELLY M. GROB, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - CV- 6393 - DV JASON D. GROB, . Defendant CIVIL ACTION - DIVORCE ORDER AND NOW, this day of IQ el , 2010, upon consideration of the within Petition for Special Relief to Compel Plaintiff to Sign Deed for Marital Residence , it is hereby ORDERED and DECREED that a hearing on Defendant's Petition shall be held on - oW, a 0?010 , at "90 Q .FYI • , in Courtroom #? of the Cumberland County Courthouse. BY THE COURT: cx Ld (n ` c7- U c° C7 t--- t -, wu ;- - DISTRIBUTION: v'fiomas M. Clark, Esquire, 130 W. Church Street, Dillsburg, PA 17019 viilip M. Intrieri, Esquire, 615 North 48th Street, Harrisburg, PA 17111-3625 V ,J. 0? 4 C 4.. fj , ry„ .1 ? ? 3 1 i aea [ 7 INTRIERI & ASSOCIATES Philip M. Intrieri, Esq. 615 North 48th Street Harrisburg, PA 17111-3625 (717) 564-6969 Pa. Attorney I.D. 76117 PMILaw@verizon.net KELLY M. GROB, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION: DIVORCE JASON D. GROB, Defendant : No. 2008 - 6393 - CIVIL TERM PLAINTIFF'S MOTION FOR SANCTIONS AND AWARD OF COSTS AND NOW, comes Kelly M. Grob, wife, who files this Motion for Sanctions and Award of Costs, in further response to husband Jason D. Grob's Petition for Special Relief to Compel Plaintiff to Sign Deed for the Marital Residence, and in support thereof avers as follows: 1. The averments and argument contained in wife's preceeding response to husband's petition and wife's memorandum of law in support thereof are incorporated by reference herein, as though set forth in full. 2. Pa. R.C.P 1023.1 states that when a party signs and submits a document; that party certifies that it will not needlessly increase the costs of litigation, that the claims are warranted by existing law, and that the factual allegations contained therein have evidentiary support. Master's proceedings, the Court is relieved of the initial fact finding and legal analysis for a decision, and only needs to act upon exceptions. Yet that is why the 9th District retains a Divorce Master in the first place. 6. Husband's claim for special relief is unwarranted by existing law, insofar as: a. The Court can only act pursuant to 23 Pa. C.S.A. 3502(e) when a party has failed to comply with a prior order or agreement, as discussed supra. b. The Court can not act pursuant to related statutes and rules, to transfer ownership of a marital residence, unless there is a pending order of equitable distribution which compensates the other party, as discussed supra. 7. Husband failed to amend his Petition for Special Relief, even after being cautioned he was citing to incorrect authority. This has caused wife additional research and preparation costs to file the necessary and proper response.'. 8. Husband's Petition for Special Relief is based on questionable or non-existent factual allegations, insofar as: a. Husband's assertion at averment 9 that there is no equity in the marital home is belied by the reassessed valuation assigned by Cumberland County in 2010, which demonstrates equity in the amount of $46,200 over the purchase price. Plaintiff's Exhibit 1. 3. b. Such reassessment is the culmination of a comprehensive, scientific two year process designed to accurately reflect fair market value. C. Husband has failed to attach any documentation or appraisal of the marital home to his Petition for Special Relief. d. Husband is mysteriously late in providing responses to duly served interrogatories that center, in part, on the value of the marital home. Specifically, husband has engaged in negotiations with the mortgagee which greatly affect the 'property value, and wife has been excluded from such negotiations. Husband has requested no extension of time within which to respond or object, as required by the Rules of Civil Procedure. e. Husband's assertion at averment 17, that he may lose the marital home is belied by his sworn testimony during custody proceedings that he is confident he can keep the home. f. In fact the Sheriffs sale of the marital home has been postponed indefinitely. g. Husband has demonstrated no urgency whatsoever that would require The Court, by way of special petition, to order relief of an injunctive nature. h. Husband's averment 12, that his goal is preserving the marital residence, is belied by his sworn testimony during custody proceedings on 812110, that he is $10,000 behind on the mortgage, and on 11/1/10, that he failed to make the mortgage payments for July, August, September and October, of 2010. This hardly meets anyone's definition of preservation. 4. 9. A proper plan of equitable distribution for the marital home would start with some $46,200 in equity, adjust for the dissipation of the asset, assign responsibility for such dissipation, add back in the monetary benefit of the mortgage holder's forbearance, and adjust further for rental credits to wife as the dispossessed spouse. Husband has offered no reason why the Master in Divorce is ill-equipped to handle such calculations. 10. Husband's object in filing duplicative actions is simply to overwhelm wife's resources. Quite transparently, husband continues to deplete their prime marital asset, and wife's resultant share while simultaneously enhancing his own ability to fund litigation. He should not be given the benefit of his intransigence. 11 Failing to pay the mortgage for the last four months alone has saved husband some $4,800. He certainly has the resources to pay wife's legal fees necessarily incurred in responding to his unjustified petition. 12. Pa. R.C.P 1023.2 provides that a court may award costs as sanctions against any party who files a document which violates Rule 1023.1. 13. Husband's Petition for Special Relief violates Rule 1023.1 since it has needlessly increased the costs of litigation, contains claims unwarranted by existing law, and contains seriously questionable allegations of fact. 14. As a prerequisite to sanctions, the applicant must have served notice of the alleged violations and a demand for withdraw. The undersigned counsel did so on October 7, 2010. Pa. R.C.P 1023.2(b). Plaintiffs Exhibit 2. 5. 15. Counsel for Defendant does not concur with the instant motion; given no response after 28 days to the notice of intent to seek sanctions. See: Pa. R_C.P 1023.2(b). WHEREFORE, plaintiff wife prays This Honorable Court issue an Order: a) Denying husband's Petition for Special Relief, b) Compelling husband to respond to wife's interrogatories issued September 27, 2010, which are essential to the Divorce Master's determination of issues relevant to equitable distribution, c) Awarding costs to the plaintiff in the amount of $ 1,714.90, as itemized in plaintiffs Exhibit 3, d) Remanding the case to the Master in Divorce, and e) Providing for any other relief The Court may determine is just and proper. Respectfully submitted, Date: C4 -- c-> cc- ? Philip M. Intrieri, Esq. Attorney for Plaintiff 6. INTRIERI & ASSOCIATES Philip M. Intrieri, Esq. 615 North 48th Street Harrisburg, PA 17111-3625, (717) 564-6969 PMILaw@verizon.net Pa. Attorney I.D. 76117 VERIFICATION I hereby verify that the statements made in this RESPONSE TO DEFENDANT'S PETITION FOR SPECIAL RELIEF and MOTION FOR SANCTIONS are true and correct, and that I am authorized to make this verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. /J bo//6 Date Lz-?? Philip M. Intrieri, Esq. Attorney for Plaintiff Kelly M. Grob air" ago tD M c . w , . . r n 3 vn b A G D ?`' V Y A 9 F-? r+ N W € ? e i71 s? ? U) z 00 na L" ca tT5 Up tl Q: O U) Z w rr? C v ? p g"' 0 gg 8 X 0 33 "A 'J w w to ? Cr cs ? ? liY ? j g. 4Y' g3 Ay F i #E PLAINTIFF'S M EXHIBIT 0 NO. 6 LAW OFFICE Philip M. Intrieri & Associates MEMBER 615 NORTH 48th STREET DAUPHIN CO. AND PENNSYLVANIA BAR HARRISBURG, PA 17111-3625 October 7, 2010 Thomas M. Clark, Esq. COLGAN MARZZACCO, LLC 130 W. Church Street, Suite 100 Dillsburg, PA 17019 Dear Tom: TELEPHONE (717) 564-6969 (717) 512-4846 RE: GROB V. GROB Divorce: 2008 - CV - 6393 - DV Rule 1023.1 Notice We have received your Petition for Special Relief to compel Ms. Grob to sign over the deed to the marital residence to Mr. Grob. I object to this petition and urge you to withdraw it. First, I-would note that we are already preparing for the Master's hearing on the subject of equitable distribution, and are in the discovery phase of such preparation. Deliberations on the disposition of the marital home are certainly included in this process. The Master was appointed on your motion. I see no reason why you are attempting to circumvent your own procedure. Addressing your Petition for Special Relief needlessly increases the costs of litigation and duplicates the central issue before the Master. Secondly, the legal basis for special relief is highly questionable under the facts you' asserted, in particular, in the absence of any court order or agreement between the parties regarding the house. My preliminary research has revealed cases under which a court has intervened to direct the sale of a house, under urgent circumstances, wherein both parties need money. However, I have found no case so far where a`defendant has successfully used special relief to deal the house to'himself. Third, I must respectfully question several factual averments contained in your petition. Your assertion there is no equity. in the home is misleading, to say the least: The recent reassessment in Cumberland County gives the house substantial fair market value over the purchase price. This equity is well beyond even that which your client intentionally dissipated by failing to pay the mortgage, while still living there and earning, as he previously testified, "awesome" money. Further your client's averment that the house may be lost is directly counter' to the position he advanced at the custody trial. PLAINTIFF'S EXHIBIT n ?p Mr. Clark, 10/7/10, p.2 Tom, we have encountered in this case assertions the house has no value, the personalty have no value, that my client has no right to rental credits, no chance to participate in negotiations with the mortgage holder, and no right to participate in the children's lives beyond mere visitation. Stripped of their legal regalia, your offers on the above issues are nothing, nothing, nothing, nothing and nothing. While I certainly respect a duty of vigorous representation, I also suggest, most respectfully, that unfettered advocacy of a client's most base intentions impedes genuine progress. If the Petition for Special Relief is not withdrawn, we will have to request an award'of costs. In the meantime, I urge your full cooperation with our discovery requests, and some explanation of your client's inconsistent statements. If your client is now saying the children will have no place to live, clearly you have a duty to correct the record on this point at the upcoming custody hearing. Please call if you have any questions. Sincerely, nm.; l Philip M. Intrieri, Esq. PMI/cwd Cc: Ms. Kelly M. Grob File Exhibit 3 ATTORNEY'S BILL OF COSTS Grob v. Grob Line item/time Fee 1. Response to defendant's petition, 2hrs $ 250.00 2. Memorandum of'Law, 3hrs $ 375.00 3. Notice of Intention to Seek Sanctions, 30m $ 62.50 4. Research, 3hrs $ 375.00 5. Motion for Sanctions, 2hrs $ 250.00 6. Filing `Motions, Prothonotary, Travel, 1 hr $ 125.00 7. Attendance at required hearing, 2hr (projected) $ 250.00 8. Printing;, postage and service costs $ 27.40 Total fees and expenses: $ 1,714.90 PLAINTIFF'S EXHIBIT a ? NO. a INTRIERI & ASSOCIATES Philip M. Intrieri, Esq. 615 North 48th Street Harrisburg, PA 17111-3625 (717) 564-6969 Attorney 1. D. # 76117 PMILaw@verizon.net CERTIFICATE OF SERVICE 1, Philip M. Intrieri, Esq., do hereby certify that on November 10 , 2010, 1 served a true and correct copy of the foregoing RESPONSE TO DEFENDANT'S PETITION FOR SPECIAL RELIEF and MOTION FOR SANCTIONS, by causing the documents to be deposited in the United States Mail, first class postage, pre-paid, to the following: Thomas M. Clark, Esq. Colgan Marzzacco, LLP 130 West Church Street, Suite 100 Dillsburg, PA 17019 Courtesy Copy: Master E. Robert Elicker November 10, 2010 Date /s/ Philip M. Intrieri Philip M. Intrieri, Esq. Attorney At Law 615 North 48th Street Harrisburg, PA 17111 (717) 564-6969 Atty. ID #` 76117 i I % INTRIERI & ASSOCIATES Philip M. Intrieri, Esq. 615 North 48th Street Harrisburg, PA 17111-3625 (717) 564-6969 Pa. Attorney I.D. 76117 PMILaw@verizon.net KELLY M. GROB, Plaintiff V. JASON D. GROB, Defendant 'I( IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION: DIVORCE : JUDGE: J. WESLEY OLER, Jr. : No. 2008 - 6393 - CIVIL TERM PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANT'S PETITION FOR SPECIAL RELIEF AND NOW, comes the plaintiff, Kelly M. Grob, by and through her attorney, Philip M. Intrieri, Esq., who files this response to defendant's Petition for Special Relief to Compel Plaintiff to Sign Deed for the Marital Residence, accompanied by a Memorandum of Law and separate Motion for Sanctions, and in support thereof answers as follows: 1-5. Admitted. 6. Admitted with clarification. The specific separation date was September 21, 2008. 7-8. Admitted. 9. Denied. It is denied there is no equity in the marital home. The 2010 Cumberland reassessment indicates a fair market value of $171,200, or $46,200 in appreciated equity over the original purchase price of $125,000. Defendant's averment of no equity is a misleading representation of fact before the Court, as discussed infra. 10. Admitted. The undersigned counsel notes he has not entered an appearance on the foreclosure action. 11. Neither admitted nor denied. The plaintiff is without information as to the mortgage holder's intentions with regard to husband. Plaintiff further notes she has served interrogatories requesting information on this point, defendant's answers to which are late. 12. Admitted in part. It is admitted that husband has filed the instant petition. Wife is without information as to husband's wish to "preserve" the house, insofar as he quit paying the mortgage for a substantial period of time after wife was forced by husband's abusive actions to leave the house. 13. Denied. Although wife is without information to form an opinion as to husband's belief, wife intends to advance at least 3 claims before the Master: Equitable division of the house, equitable division of the personal property, and rental credits as the spouse dispossessed from the use of the home. 14. No answer is required. 15. Denied. Wife has indicated a willingness to deed over the house upon receiving a fair and just share of the appreciated equity in the real property. There is nothing unusual about this. 16. Denied. Wife is a named party to the foreclosure action on the marital residence. See: No. 2010-334 Civil Term. So she already has a 2. foreclosure on her record. 17. Denied, insofar as on or near the last Sheriff's sale date, (10/6/10), foreclosure sale was postponed indefinitely. Denied further, as husband's instant belief he may lose the house is directly counter to the position he advanced at the August 2, and November 1, 2010 custody trial before This Court. 18. This is a statement of law, and no response is required. By way of further answer, it is noted that special relief can not be granted under a strict reading of 23 Pa. C.S.A. 3502(e), since there is no order of court or agreement between the parties regarding the house. 19-20. Admitted. 21. Is a prayer for relief, and no response is required. NEW MATTER 22. Defendant's Petition for Special Relief is duplicative of the `central issue for which he has already petitioned for presentation before the Divorce Master, and therefore the instant petition has needlessly increased the costs of litigation. See attached Motion for Sanctions. 23. Defendant's claim for special relief is unwarranted by existing law. See attached Memorandum of Law and Motion for Sanctions. 24. Defendant's claim there is no equity in the real property has no evidentiary support. See attached Motion for Sanctions. 25. Defendant's claim he may lose the house is inconsistent with his 3. prior sworn testimony. See attached Memorandum of Law. WHEREFORE, plaintiff wife prays This Honorable Court deny husband's Petition for Special Relief. Plaintiff further prays for an award of the costs of responding to husband's unjustified petition, and such other relief as the Court may deem just and proper, cs 1 Q Date Respectfully submitted, d? Philip M. Intrieri, Esq. Attorney for Plaintiff 4. INTRIERI & ASSOCIATES Philip M. Intrieri, Esq. 615 North 48th Street Harrisburg, PA 17111-3625 (717) 564-6969 Pa. Attorney I.D. 76117 PMILaw@verizon.net KELLY M. GROB, Plaintiff V. JASON D. GROB, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION: DIVORCE : No. 2008 6393 - CIVIL TERM MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT'S PETITION FOR SPECIAL RELIEF Before the Court: is husband Jason Grob's petition urging the Court to force his wife Kelly to deed over their marital home to him without compensation. Because such petition is a brazen and abusive attempt to circumvent existing law and unjustly enrich himself at his wife's expense, we urge the Court to deny his request and award costs. LEGAL DISCUSSION We note initially that husband's citation to 23 Pa. C.S.A 3502(e) is not applicable to the facts of this case. While the statute provides authority for a court to direct the transfer or sale of property, it may only be exercised when a party has,'failed to comply with an order of equitable distribution or the terms of an agreement. In this case, the divorce is not final and there is no such order or agreement. By the plain terms of the statute, this Court has no authority to grant the relief' requested. Our jurisprudence generally disfavors piecemeal actions of this type, when, as in this case, wife has a pending claim for full equitable distribution and the divorce is not final. Thus, actions for partition of real property are properly dismissed when there is an outstanding claim for equitable distribution that would settle all economic claims. Platek v Platek, 454 A.2d 1059 (Pa. Super, 1982). A reviewing court, on appeal of an equitable distribution scheme, examines distribution as a whole. Sutliff v Sutliff, 522 A.2d 1144, (Pa. Super, 1987), remanded at 543 A.2d 534. We have found a case where a court has authority to order a forced buy- out of property. Nagle v Nagle, 799 A.2d 812, (Pa. Super, 2002), appeal denied at 820 A.2d 162. However, we have found no case wherein 3502(e) proceedings were used for a husband to deal a house to himself. Husband's bald attempt to engage in such self-dealing is relevant here, since a claim for equitable distribution by definition is addressed to the court's equity powers. As a general rule, and under the facts of this case, it is bad faith to engage in self..-dealing, in particular' under such unconscionable terms. This Court should not ratify such conduct. "`The doors to a court of equity are closed to one tainted with bad faith relative to the matter in which he seeks relief." Lucey v Workmen's Comp. Appeal Bd., 732 A.2d 1201 (Pa. 1999). Certainly it is puzzling that husband would look to 23 Pa. C.S.A 3502(e) for relief,' considering that relief can not be granted in the absence of a prior order or agreement covering the house. Perhaps citation to Pa. R.C.P 1920.43 might have been the better choice, since it does not contain the limitations described above. However even this rule, governing special relief in actions for divorce would be unavailing to husband, as discussed below. Our research demonstrates that Rule 1920.43 is most often invoked to preserve an asset in the hands of another, or to effectuate a court's power to distribute assets in order to fashion a fair divorce settlement. Like Section 3502(e), a few cases have ordered the sale of real property to a third party to carry out,tthis goal. See, e.g. McMahon v McMahon, 706 A.2d 350 (Pa. Super, 2. 1998). Never has this rule been employed to completely negate a spouse's interest in a marital asset without some type of offset of another asset. Of course, a petition filed pursuant to Rule 1920.43 is addressed to the equity side of the court. Frank v Frank, 587 A.2d 340 (Pa. Super, 1991). As such, our time-honored equity maxims apply. First, husband must approach the court with clean hands relative to the matter in which he seeks relief. Stauffer v Stauffer, 465 Pa. 558 (Fla. 1976). Secondly, equity follows the law. In other words, where rights are established by defined principles of law, equity should not change or unsettle those rights. Piper v Tax Claim Bureau, 910 A.2d 162 (Pa. Cmnwlth, 2006). Under our facts, already established of record, wife Kelly was forced to leave the house in September of 2008 due to husband's abusive nature. She dater obtained a PFA order against husband. (09-613 Civil Term, 2/6/09, Guido, J.) Husband was also charged with, and admitted to ARD for assault, harassment and terroristic threats. At the custody trial before This Court, husband testified he quit paying the mortgage on the house after wife had left, and as of 'the August 2, 2010 hearing he was approximately 10 months, or $10,000 behind on the mortgage. He testified his income ranged from unemployment to "awesome Applying the above law to these facts, husband's hands are unclean regarding both the circumstances of his gaining possession of the house, as well as the uncaring manner in which he dissipated their prime marital asset. Further, a court has a duty to effect economic justice between the parties in a divorce action. Schenk v Schenk, 880 A.2d 633 (Pa. Super, 2005). A court carries out this duty through application of a comprehensive body of law and statutory scheme of equitable distribution. Since equity must follow the law, husband can not spirit away the house by way of an appeal to the court's equity powers through special relief, or any other home run tactic that fails to carry out economic justice. Even a ball hit at double home run distance is a foul, when it doesn't fly straight and true. 3. What this simply means is that husband can't get the house unless a plan is in place to compensate his wife for her share of its value. McCoy v. McCoy, 888 A.2d 906 (Pa. Super, 2005), is instructive on this point. In MGCQV, husband filed a petition for special relief requesting the court award him the marital residence as an advance on equitable distribution. The trial court agreed and awarded wife in return $50,000 in cash and $25,000 in other assets. While appeal was taken on other issues, the trial court's distribution regarding the house was undisturbed. Under our facts, husband has completely failed to explain or demonstrate why awarding the house to him without compensation is fair and equitable. He merely presents the bald assertion the house is worth nothing, and points to the big favor he is doing wife by stealing it from her. For This Court to act under these circumstances would result in an outright forfeiture. "Equity, it has been said, abhors a forfeiture: and is greatly hesitant to enforce one." Prol v. Prol, 935 A.2d 547 (Pa. Super, 2007), quoting Kalina v. Eckert, 497 A.2d 1384, 1385 (Pa. Super, 1985). Husband also bases this petition on his belief that if the Court does not act, he "may lose his opportunity to save the marital residence." Defendant's Petition, at 17. The defendant is clearly being disingenuous with this assertion, since he has stated repeatedly in the related custody trial that the children are in no danger of losing the roof over their heads. Frankly, we have difficulty reconciling his inconsistent statements. We have mentioned that husband's citation to 23 Pa. C.S.A. 3502(e) is puzzling, since it does not provide him with a clear route for the relief he is requesting. Rather, citation to section 3502(f) of the same statute would have provided the Court with better grounds for his cause of action. While perhaps he has waived argument under section 3502(f), we address it anyway for reasons of judicial economy. 4. 23 Pa. C.S.A. 3502(#) provides as follows: °'(f) Partial distribution.--The court, upon the request of either party, may at any stage of the proceedings enter an order providing for an interim partial distribution or assignment of marital property." Several reported cases have awarded temporary possession of the marital residence to one spouse for a variety of reasons, including to the spouse with physical custody, to a spouse with a wheelchair disability, and have excluded a spouse with a serious drug habit. However each of these cases has emphasized that such award was temporary pending equitable distribution. Laczkowski v. Laczkowski, 496 A.2d 56, (Pa. Super 1985), Merola v. Merola, 19 Pa. D & C 4th 538 (1993), Garrison v. Garrison, 43 Pa. D & C 3d 190 (1986), Uhler v. Uhler, 41 Pa. G & C 3d 3, (1985), affirmed, 626A.2d 656. Again the lesson is clear that a court can not award ownership of marital property to one spouse in the absence of a well-reasoned plan for equitable distribution. We think the key to understanding 23 Pa. C.S.A. 3502(f) is contained within the statement issued by the Joint State Government Commission when this amendment was added in 2004. The commission states that the amendment "specifically authorizes the `court to make interim equitable distribution awards, a power that was never intended to be proscribed but which some courts and commentators believe does not exist." Title 2313502(0, Purdon 2010 Ed.at 409. In other words, section 3502(f) merely codified a court's existing powers in equity, but does not expand such powers. 'Consequently section 3502(f) can not be read to have modified existing jurisprudence to the alarming extent that a court can now give away a house for nothing. We should point out further, that an order issued pursuant to 23 Pa. C.S.A. 3502(b) will not work either. This subsection provides for a court to impose a lien against one party as security for payment to the other party. Should the Court transfer the house to husband now and impose a lien in favor of wife, that lien would be subordinate in priority to the primary mortgage holder. 5. Given husband's proven inability to pay the mortgage, the value of such a lien would be illusory. The defendant has demonstrated no clear right to special relief under any legal theory. For these reasons, we urge This Honorable Court to deny the defendant's Petition for Special Relief. Date: Respectfully submitted, Philip M. Intrieri, Esq. Attorney for Plaintiff s. KELLY M. GROB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JASON D. GROB, Defendant NO. 08-6393 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF TO COMPEL PLAINTIFF TO SIGN DEED FOR MARITAL RESIDENCE AND PLAINTIFF'S MOTION FOR SANCTIONS AND AWARD OF COSTS ORDER OF COURT AND NOW, this 30'' day of November, 2010, upon consideration of Defendant's Petition for Special Relief To Compel Plaintiff To Sign Deed for Marital Residence and of Plaintiff's Motion for Sanctions and Award of Costs, and following a hearing held on November 29, 2010, Defendant's petition and Plaintiff's motion are denied. BY THE COURT, Philip M. Intrieri Esq. 615 North 48`h Street Harrisburg, PA 17111-3625 Attorney for Plaintiff Thomas M. Clark, Esq. 130 West Church Street Suite 100 Dillsburg, PA 17019 Attorney for Defendant :rc c ES ,-y?,?..tls? /!/ vl1D J G - p o --i -am cn r- c?a = o C:) --1 C? C)-n ° )>C- p w m KELLY M. GROB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - DIVORCE JASON D. GROB, Defendant 2008-6393 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 29th day of November, 2010, upon consideration of Defendant's Petition for Special Relief To Compel Plaintiff To Sign Deed for Marital Residence and of Plaintiff's Motion for Sanctions and Award of Costs, and following a hearing, the record is declared closed, and the matter is taken under advisement. By the Court, Philip M. Intrieri, Esquire 615 North 48th Street Harrisburg, PA 17111-3625 For Plaintiff Thomas M. Clark, Esquire 130 West Church Street Suite 100 Dillsburg, PA 17019 For Defendant :mae c o Co ., c--) om _<D o° ~ r- :z ---+o DC) M' o--n ?o ? rv ? ?t °sY? CAF THEL OTHOi A,?, 2010 DEC 13 AM If: ? o KELLY M. GQ48ERLANO COUNTY: IN THE COURT OF COMMON PLEAS, `'ENNSYLVAiA CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JASON D. GROB, Defendant : CIVIL ACTION: DIVORCE : No. 2008 - CV- 6393 - DV NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 cQ? asa?g INTRIERI B ASSOCIATES 615 North 4e Street Harrisburg, PA 17111-3625 (717) 564-6969 Atty. I.D.: 76117 PMILaw@verizon.net KELLY M. GROB, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION: DIVORCE JASON D GROB, Defendant : No. 2008 - CV- 6393 - DV SUPPLEMENTAL COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, wife Kelly M. Grob, by and through her attorney, Philip M. intrieri, Esq., who files this Supplemental Petition, pursuant to Pa. R.C.P. 1920.13(b)(1), providing for an additional claim of counsel fees, expenses and costs, and in support thereof avers as follows: COUNT THREE: ATTORNEY FEES 16. The averments of plaintiff's Complaint in Divorce, filed to the above term and number on October 29, 2008, are incorporated herein as though set forth in full. 17. Pa. R.C.P 1920.13 allows for plaintiff's original complaint to be amended as of course by way of supplemental complaint. 18. Plaintiff hereby amends such complaint by adding a count for attorney fees, costs and expenses. 19. Plaintiff is currently eight months pregnant, and subsists on unemployment income. 20. The defendant is fully able to bear the costs of divorce proceedings, as he has testified of record his income level is some $35,000 to $45,000 annually. 21. The defendant has needlessly increased the costs of litigation by: a) Forcing the plaintiff through four custody hearings, at which he has gained little beyond the initial custody order; b) Declining to even address the economic issues inherent in the divorce action until the latter portion of 2010; c) Failing to answer interrogatories 2,3,4,7,9,10,and 11, which pertain directly to economic issues pending before the Master in Divorce, which were served on or around October 1, 2010; and d) Filing a Petition for Special Relief, under which he cited incorrect legal authority and under which he misrepresented the equity in the marital home, which was denied by Judge Oler on November 30, 2010. 22. The defendant has intentionally dissipated the value of the marital home by failing to pay the mortgage since April, 2009, while continuing to reside in the marital home. 23. The defendant has saved substantial sums of money by way of such failure to pay the mortgage, and thus is fully able to bear the costs of divorce litigation. 24. Unlike the defendant, the plaintiff has had to make difficult but realistic living choices, having to reside at first with her mother, and now residing in Perry County, which is more affordable. 2. 25. Equity demands that husband and wife prosecute the instant divorce action on a level playing field. 26. WHEREFORE, plaintiff requests this Honorable Court direct the defendant-husband to make an immediate payment of $2,500 to wife, for counsel fees, expenses and costs, pursuant to Pa. R.C.P. 1920.13(c). Plaintiff requests further an additional immediate payment of $1,000, to procure expert testimony regarding the fair market sale value, and the fair market rental value of the marital home. 27. WHEREFORE further, plaintiff requests this Honorable Court direct the defendant-husband to pay any and all of plaintiffs reasonable counsel fees, costs and expenses, in such amounts as the Court and/or Master in Divorce may determine is fair and equitable. Respectfully submitted, Date Philip M. Intrieri, Esq. Attorney for Plaintiff 3. INTRIERI & ASSOCIATES Philip M. Intrieri, Esq. 615 North 48' Street Harrisburg, PA 17111-3625 (717) 564-6969 PMILaw@verizon.net Pa. Attorney I.D. 76117 VERIFICATION I hereby verify that the statements made in this SUPPLEMENTAL COMPLAINT FOR DIVORCE are true and correct, and that I am authorized to make this verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. lZ // 3// (N Date Philip M. Intrieri, Esq. For Plaintiff INTRIERI & ASSOCIATES Philip M. Intrieri, Esq. 615 North 4e Street Harrisburg, PA 17111-3625 (717) 564-6969 Attomey I. D. # 76117 PMILaw@verizon.net CERTIFICATE OF SERVICE I, Philip M. Intrieri, Esq., do hereby certify that on December 3 , 2010, 1 served a true and correct copy of the foregoing SUPPLEMENTAL PETITION, by causing the documents to be deposited in the United States Mail, first class postage, pre-paid, to the following: Thomas M. Clark, Esq. Colgan Marzzacco, LLP 130 West Church Street, Suite 100 Dillsburg, PA 17019 Courtesy Copy: Master E. Robert Elicker December /-T, 2010 /s/Phib M. intrieri Date Philip M. Intrieri, Esq. Attorney At Law 615 North 48"' Street Harrisburg, PA 17111 (717) 564-6969 Atty. ID # 76117 KELLY M. GROB, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - CV- 6393 - DV JASON D. GROB, Defendant CIVIL ACTION - DIVORCE Z - r U-n c P ,.._. -. r . .. , DEFENDANT'S PRE-TRIAL STATEMENT AND NOW, comes the Defendant, Jason D. Grob, by and through his counsel, ,Thomas M. Clark, Esquire of Colgan Marzzacco, LLC and submits the within Pre-Trial Statement: I. Plaintiffs Information ("Wife") Name: Kelly M. Grob Address: Duncannon, Perry County, Pennsylvania Employer: Unemployed II. Defendant's Information ("Husband") Name: Jason D. Grob Address: 7 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011 Employer: Klick Lewis 720 East Main Street, Rt. 422, Palmyra, Pennsylvania Position: Sales Representative III. Marital Information Date of Marriage: Place of Marriage: Divorce Complaint: Date of Separation: February 24, 2007 Cumberland County, Pennsylvania October 29, 2008 September of 2008 Minor Children: Masiella Grob (born in 2005) and Anthony Grob (born in 2007) Custody of Children: Father has the majority overnights per the Court Order. IV. Marital Assets - Husband's Inventory is attached hereto as Exhibit "A". Residence at 7Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania - The mortgage holder for the marital residence has begun foreclosure proceedings. As of June 2, 2010, there was a Judgment Execution Amount of $135,183. 2. Dog (Dougie de Bordeaux) - the dog was purchased during the marriage for approximately $3,000. Wife sold the dog after the date of final separation. Husband does not know the amount that Wife received for the dog. 3. Personal Property/Household Furnishing - At the time of separation, Wife removed a good deal of the parties' personal property from the marital residence. Husband believes that the items that Wife took were equal to, or greater in value than the items that remained at the marital residence. A good deal of the personal property that the parties had, were hand-me-downs or were of little value. The personal property (household furnishings) of the parties have not been appraised. V. Marital Debts 1. Chase Mortgage (Acct #: 6470) - For marital residence situate at 7 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania. The mortgage holder for the marital residence has begun foreclosure proceedings. As of June 2, 2010, there was a Judgment Execution Amount of $135,183. 2. Members I' Credit Card - The card is in Husband's name alone. The card did not have a significant balance at the time of separation and, therefore, the Master should not have to deal with this issue. VI. Non-Marital Assets 1. Husband is unaware of any non-marital assets that are in his possession that will be an issue in this case. 2. Husband is unaware of any non-marital assets attributable to Wife that will be an issue in this case. VII. Expert Witnesses It is not clear at this time what experts, if any, will testify at the time of trial. Expert testimony could be necessary regarding the value of the marital residence. If expert testimony is required, appropriate notice will be provided to opposing counsel and the Master in advance of trial and copies of expert reports will be provided. VIII. Plaintiff's Witnesses 1. Jason D. Grob, will testify on his own behalf. 2. Kelly M. Grob, as on cross-examination. 3. Husband reserves the right to call other witnesses to be determined in advance of trial with appropriate notice to opposing counsel. IX. Exhibits 1. Husband's Inventory - attached hereto as Exhibit "A". 2. Husband's Income and Expense Statement - attached hereto as Exhibit "B". 3. Income Tax Returns of Husband (exceeds three pages and therefore not attached hereto). 4. A current pay statement of Husband to be provided in advance of the Hearing. 5. Statements for all accounts listed in the Assets section (Section IV) of Husband's instant Pre-Trial Memorandum. 6. Statements for all accounts listed in the Debts section (Section V) of Husband's instant Pre-Trial Memorandum. 7. Appraisal of residence situate at 7 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. At the time of the filing of the instant Pre-Trial Statement, the residence has not been appraised. An appraisal will be necessary to determine the value. 8. Additional exhibits, if any, to be provided in advance of trial. X. Income and Expenses An Income and Expense Statement has been submitted to the Divorce Master's Office and is being filed with the instant Pre-Trial Statement - attached hereto as Exhibit "B". XI. Pension / Retirement 1. Husband does not have any retirement from the time of the marriage. 2. Husband is unaware of whether or not Wife has retirement from the time of the marriage. XII. Counsel Fees and Costs Prior to the Pre-Trial Conference, Husband will be filing a Petition for Related Claims to add a count requesting reimbursement for counsel fees, costs and expenses. XIII. Personal Property At the time of separation, Wife removed a good deal of the parties' personal property from the marital residence. Husband believes that the items that Wife took were equal to, or greater in value than the items that remained at the marital residence. A good deal of the personal property that the parties had, were hand-me-downs or were of little value. The personal property (household furnishings) of the parties have not been appraised. XIV. Proposed Resolution Husband and Wife were married on February 24, 2007, in Cumberland County, Pennsylvania. Wife filed a Complaint in Divorce on October 29, 2008. The parties separated in September of 2008, following an incident where Wife assaulted Husband (Wife plead guilty to a Harassment charge as a result of the incident). The parties own a marital residence situate at 7 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. Since the parties' separation in September of 2008, Wife has not resided in the marital residence. In 2009, Husband lost his job and was unable to make the mortgage payments on the marital residence. Husband has not made consistent mortgage payments since approximately April of 2009. The mortgage holder for the marital residence has begun foreclosure proceedings. Based on Husband's knowledge of the sales of other homes in the area, Husband does not believe that there is equity in the marital residence. As of June 2, 2010, there was a Judgment Execution Amount of $135,183 for lack of payments on the marital residence. Although the mortgage holder has begun foreclosure proceedings, the mortgage holder has been willing to work with Husband so that he can remain in and purchase the marital residence. Husband does not know how long the mortgage holder will be willing to try to work with Husband. One Sheriff's sale has already been postponed. Given the short marriage, Husband believes that there are very few economic issues that require a Divorce Master's involvement. Husband believes that the main issue for the Master to deal with is the marital residence. Wife will attempt to make an issue with regard to the fair market rental value for the residence. Husband will argue against any fair market rental value being given to Wife. The parties have had limited incomes. It was Wife's assault on Husband that led to her being removed from the marital residence. But for this incident, Wife could have remained in the residence. Husband believes that Wife may make an issue with regard to personal property. Around the time of separation, Wife removed a good deal of the parties' personal property from the marital residence. Husband believes that the items that Wife took were equal to, or greater in value than the items that remained at the marital residence. A good deal of the personal property that the parties had, were hand-me-downs or were of little value. The personal property (household furnishings) of the parties have not been appraised. Respectfully submitted, Date: / 2 - 20 - / D By: 0,- -_ Thomas M. Clark, Esquire COLGAN MARZZACCO, LLC 130 W. Church Street Dillsburg, PA 17019 (717) 502-5000 ID# 85211 Attorney for Defendant/Husband EXHIBIT A KELLY M. GROB, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - CV- 6393 - DV JASON D. GROB, Defendant CIVIL ACTION - DIVORCE INVENTORY OF JASON D. GROB _ ``-r, -<> C Thomas M. Clark, Esquire a W z ° COLGAN MARZZACCO z c:) ?• ZC-n 130 West Church Street _ _°..? Suite 100 - Dillsburg, PA 17019 rn - (717) 502-5000 Attorney for Plaintiff Philip M. Intrieri, Esquire 615 North 48`f' Street Harrisburg, PA 17111-3625 Attorney for Defendant (717) 564-6969 0 ASSETS OF THE PARTIES Defendant marks on the list below, those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. {X) 11 Real property ( ) 2. Motor vehicles { ) 3. Stock, bonds, securities and options ( ) 4. Certificates of deposit ( } 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates () 7. Contents of Safe Deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value, and current certification) ( ) 10. Annuities () 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Business (list all owners, including percentage (%) of ownership, and officer/director positions held by a party with the company) { ) 16. Employment termination benefits; severance pay, Workman's Compensation (claim/award) ( ) 17. Profit Sharing plans { ) 18. Pension plans (indicate employee contribution and date plan vests) ( ) 19. Retirement Plans, Individual Retirement Accounts ( ) 20. Disability Payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits ( } 24. Debts due others, including loans, mortgages held ( ) 25. Household Furnishings and Personalty (Include as a Total Category and attach an itemized list if distribution of such assets is in dispute) O 26. Other MARITAL PROPERTY Defendant marks on the list below, those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. ITEM NUMBER J ' DESCRIPTION OF Marital Residence: PROPERTY 7 Scarsdale Drive Camp Hill, PA 17011 (it is believed that there is no equity in the marital residence) t NAMES OF ALL Jason D. Grob and OWNERS Kelly M. Grob 1 NOM-MARITAL PROPERTY Defendant marks on the list below, those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. ITEM NUMBER i DESCRIPTION OF 2008 Hyundai PROPERTY Tiburon t i a NAMES OF ALL Jason D. Grob OWNERS BASIS FOR Purchased after EXCLUSION separation FROM MARITAL PROPERTY 1 ? I LIABILITIES OF THE PARTIES Defendant marks on the list below, those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. ITEM NUMBER 24 24 DESCRIPTION OF Mortgage Credit card LIABILITY NAMES OF ALL Chase Members 1st CREDITORS NAMES OF ALL Kelly M. Grob Jason D. Grob DEBTORS Jason D. Grob INVENTORY OF J-ASON.D. G ROT Defendant, Jason D. Grob, files the following Inventory of all property owned by either party at the time this action was commenced and all property transferred within the preceding three (3) years. I verify that the statements made in this Inventory are true and correct, I understand that false statements made herein are made subject to penalties of 18 PA.C.S. Section 4904 relating to uns rn falsification to law enforcement authorities. SIGNATURE: DATE: 9 l6 (/ f171" EXHIBIT B IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Kelly M. Grob v. Jason D. Grob DOCKET NO.: 20084393 INCOME AND EXPENSE STATEMENT OF JASON D. GROB ADDRESS: Jason D. Grob 7 Scarsdale Drive ATTORNEY: Thomas M. Clark, Esquire Camp Hill, Drive 17011 130 W. Church Street, Suite 100 Dillsburg, PA 17019 PHONE: (717) 645-4346 PHONE: (717) 502-5000 SECTION I :INCOME AND INSURANCE INFORMATION INSTRUCTIONS: THIS SECTION MUST BE FULLY COMPLETED. IF YOU ARE NOT PRESENTLY EMPLOYED, THE EMPLOYER INFORMATION SHOULD REFLECT EARNINGS INFORMATION FROM YOUR LAST JOB. INCOME: CURRENT OR LAST EMPLOYER: Klick Lewis PAYROLL ADDRESS:720 East Main Street, Rt. 422, Palmyra, PA POSITION HELD: Sales Rep RATE OF PAY/FREQUENCY: $450.00/wk HOW PAID: (CIRCLE ONE) WEEKLY/ BIWEEKLY / MONTHLY / SEMI-MONTHLY / OTHER IF LAST JOB: DATE LEFT JOB REASON FOR LEAVING GROSS PAY PER PERIOD: $ 900 00 ITEMIZED PAYROLL DEDUCTIONS: . $ 0 FEDERAL WITHHOLDING $ 0 SOCIAL SECURITY (& MEDICARE) $ 68.86 LOCAL WAGE TAX $ 9.00 STATE INCOME TAX $ 27.62 MANDATORY RETIREMENT $ 0 HEALTH INSURANCE $ 30.00 OTHER (SPECIFY) Local Service Tax $ 0 Unemployment Tax $ 0 Disability Insurance $ 7.50 Life Insurance $1000 NET PAY PER PAY PERIOD $790.00 (REQUIRED MINIMUM 6.250%) OTHER W COME. WEEK MONTH (FILL IN APPROPRIATE COLUMN) YEAR PROPERTY OWNED: QWNERSHIP INTEREST $ 0 0 0 DESCRIPTION VALUE H W J DIVIDENDS $ 0 0 CHECKING ACCTS $ 0 PENSION $ 0 0 0 SAVINGS ACCTS. $ 0 ANNUITY $ 0 0 0 CREDIT UNION $ SOCIAL SECURITY $ 0 0 0 STOCK/BONDS $ RENTS $ 0 0 0 REAL ESTATE $ UNEMPLOYMENT COMP. $ 0 0 0 BUSINESS $ WORKMENS COMP. $ 0 0 0 0 _ $ IRA $ 0 0 0 $ TIP ALIMONY (RECD.) $0 $ 0 0 0 0 TOTAL $ CHILD SUPPORT $ 0 0 0 0 $0 0 0 TOTAL $0 0 n Phone: 717-502-5000 Fax: 717-502-5050 KELLY M. GROB, Docket Number 2008-6393 Plaintiff ) VS. JASON D. GROB, Defendant Expense Statement EXPENSE STATEMENT OF JASON D. GROB (Name) Paqe 2 nf 2 .Expense Statement (Continued) INCOME AND EXPENSE STATEMENT OF Defendant, Jason D. Grob, files the following Income and Expense Statement. I verify that the statements made in this Income and Expense Statement are true and correct, I understand that false statements made herein are made subject to penalties of 18 PA.C.S. Section 4904 relating to unworn falsification to law enforcement authorities. =i SIGNATURE: - ?, ?? DATE: (? KELLY M. GROB, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - CV- 6393 - DV JASON D. GROB, Defendant CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Philip M. Intrieri, Esquire 615 North 48th Street Harrisburg, PA 17111-3625 COLGAN MARZZACCO, LLC By: 0_?_ < - Thomas M. Clark, Esquire ID # 85211 130 West Church Street Dillsburg, PA 17019 (717) 502-5000 Dated: 12- Z y-/ U IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Kelly M. Grob v. Jason D. Grob DOCKET NO.: 2008-6393 INCOME AND EXPENSE STATEMENT OF JASON D. GROB ADDRESS: Jason D. Grob ATTORNEY: Thomas M. Clark, Esquire 7 Scarsdale Drive 130 W. Church Street, Suite 100 Camp Hill, PA 17011 Dillsburg, PA 17019 PHONE: (717) 645-4346 PHONE: (717) 502-5000 SECTION 1: INCOME AND INSURANCE INFORMATION INSTRUCTIONS: THIS SECTION MUST BE FULLY COMPLETED. IF YOU ARE NOT PRESENTLY EMPLOYED, THE EMPLOYER INFORMATION SHOULD REFLECT EARNINGS INFORMATION FROM YOUR LAST JOB. INCOME: CURRENT OR LAST EMPLOYER: Klick Lewis PAYROLL ADDRESS:720 East Main Street, Rt. 422, Palmyra, PA POSITION HELD: Sales Rep RATE OF PAY/FREQUENCY: $450.00/wk HOW PAID: (CIRCLE ONE) WEEKLY/ BIWEEKLY / MONTHLY / SEMI-MONTHLY / OTHER IF LAST JOB: DATE LEFT JOB REASON FOR LEAVING GROSS PAY PER PERIOD: $ 900.00 ITEMIZED PAYROLL DEDUCTIONS: $ 0 FEDERAL WITHHOLDING $ 0 SOCIAL SECURITY (& MEDICARE) $ 68.86 LOCAL WAGE TAX $ 9.00 STATE INCOME TAX $ 27.62 MANDATORY RETIREMENT $ 0 HEALTH INSURANCE $ 30.00 OTHER (SPECIFY) Local Service Tax $ 0 Unemployment Tax $ 0 Disability Insurance $ 7.50 Life Insurance $10.00 NET PAY PER PAY PERIOD $ 790.00 (REQUIRED MINIMUM 6.25%) I-rl CC7 a S i CTE .. y„f OTHER INCOME: WEEK MONTH YEAR PROPERTY OWNED: OWNERSHIP (FILL IN APPROPRIATE COL UMN) DESCRIPTION VALUE H W J INTEREST DIVIDENDS $ 0 $ 0 0 0 0 CHECKING ACCTS $ 0 PENSION $ 0 0 0 SAVINGS ACCTS. . $ 0 ANNUITY $ 0 0 0 CREDIT UNION $ SOCIAL SECURITY $ 0 0 0 0 STOCK/BONDS $ RENTS $ 0 0 REAL ESTATE $ UNEMPLOYMENT COMP. $ 0 0 0 0 BUSINESS $ WORKMENS COMP. $ p p 0 $ IRA $ 0 0 0 - $ TIP ALIMONY (RECD.) $ 0 $ 0 0 0 0 TOTAL $ CHILD SUPPORT $ 0 0 0 0 $0 0 0 TOTAL $0 0 0 6/ Phone: 717-502-5000 Fax: 717-502-5050 KELLY M. GROB, ) Docket Number 2008-6393 Plaintiff ) VS. ) JASON D. GROB, ) Defendant ) Expense Statement EXPENSE STATEMENT OF JASON D. GROB (Name) Y EXPENSES MONTHLY TOTAL MONTHLY CHILDREN MONTHLY PARENT PERSONAL Debt Service Clothing 50.00 Groceries 250.00 Haircare 20.00 Memberships MISCELLANEOUS Child Care Household Help Summer Cam Papers/Books/Magazines Entertainment 30.00 Pet Expenses Vacations Gifts Legal Fees/Prof. Fees 300.00 Charitable Contributions Children's Parties 10.00 Children's Allowances Other Child Support Alimony Payments TOTAL MONTHLY EXPENSES 2,845.00 Page 2 of 2 .Expense Statement (Continued) INCOME AND EXPENSE STATEMENT OF JA D. Defendant, Jason D. Grob, files the following Income and Expense Statement. I verify that the statements made in this Income and Expense Statement are true and correct, I understand that false statements made herein are made subject to penalties of 18 PA.C.S. Section 4904 relating to unworn falsification to law enforcement authorities. r SIGNATURE: ' ' _. DATE: (? FII_ED-Or FiCE HE FROTtt01dOTA.M 21311 AUG 29 A1? 9' ?a 8 CUMBERLAND COUNT"( SYL`!A"IA pFN4 INTRIERI & ASSOCIATES 615 North 48th Street Harrisburg, PA 17111-3625 (717) 564-6969 Atty. I.D.: 76117 PMILaw@verizon.net KELLY M. GROB, : IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION: DIVORCE 1 CUSTODY JASON D. GROB, Defendant No. 2008 - 5654 - CIVIL TERM No. 2008 -4493 - CIVIL TERM PETITION TO WITHDRAW AS PLAINTIFF'S COUNSEL AND NOW, comes Plaintiff's attorney, Philip M. Intrieri, Esq., who files this Petition for Leave of Court to Withdraw His Appearance in the above-captioned matters, pursuant to Pa. R.C.P. 1012, and the Rules of Professional Conduct, and in support thereof states as follows: 1. Plaintiff in the subject actions is Kelly M. Grob, an adult individual, who resides at 402 Mahanoy Valley Road, Apt. B, Duncannon, PA 17020. 2. With regard to the Divorce action, Plaintiff is scheduled for a Master's hearing on economic issues on September 15, 2011. The divorce itself is uncontested. 3. With regard to the Custody action, litigation has been extensive and was concluded with an in-court settlement on the third day of trial on July 11, 2011. Father received primary physical custody of the couple's two children. 4. At the above custody trial a prime issue of contention was an allegation of physical abuse, about which Mother blamed Father and Father blamed Mother's boyfriend. 5. At the above custody trial daughter Masiella testified credibly that the perpetrator was Mother's boyfriend. 6. On or around August 21, 2011, Plaintiff-Mother took unilateral action to withhold custody from Father, again due to similar allegations of abuse. This action was taken in the absence of advice from the undersigned counsel. 7. Mother is now pending, and may have to defend a citation for contempt of the custody order. 8. The undersigned counsel asserts the following grounds for withdrawal: a) Pa. R.P.C. 1.16(a)(5): The plaintiff has defaulted substantially on certain obligations she has accrued. The details of such default are privileged, but will be disclosed should This Honorable Court so direct. b) Pa. R.P.C. 1.16(a)(6): The representation has been rendered unreasonably difficult by the client, and will result in an unreasonable financial burden on the undersigned. C) Pa. R.C.P 1.16(a)(1): Continued representation could result in a violation of the Rules of Professional Conduct, by way of advocacy of a certain position in violation of a lawful and settled Order of This Court. 2. 9. While there is no current judicial assignment for the divorce matter, the Honorable J. Wesley Oler, Jr., has had extensive involvement with the custody action. 10. The Plaintiff was notified of counsel's probable withdrawal on August 23, 2011, and thus has the opportunity to obtain new counsel. 11. WHEREFORE, the undersigned counsel requests leave from This Honorable Court to terminate his representation of the Plaintiff in the above- captioned matters. Date Respectfully submitted, Philip M. Intrieri, Esq. Attorney for Plaintiff 3. INTRIERI & ASSOCIATES Philip M. Intrieri, Esq. 615 North 48th Street Harrisburg, PA 17111-3625 (717) 564-6969 Attorney I. D. # 76117 PMILaw@verizon.net CERTIFICATE OF SERVICE I, Philip M. Intrieri, Esq., do hereby certify that on August 2011, 1 served a true and correct copy of the foregoing PETITION TO WITHDRAW, by causing the documents to be deposited in the United States Mail, first class postage, pre-paid, to the following: Ms. Kelly M. Grob 402 Mahanoy Valley Road Apt. B Duncannon, PA 17020 C, August Z ( 2011 /s/Philip M. Intrieri Date Philip M. Intrieri, Esq. Attorney At Law 615 North 48th Street Harrisburg, PA 17111 (717) 564-6969 Atty. ID # 76117 KELLY M. GROB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAN IA V. CIVIL ACTION - LAW C-) C:? m :x r-, 1 rn JASON D. GROB, NO. 08-5654 CIVIL TERM C/)r- Defendant 08-6393 CIVIL TERM v1 N0 rv , . -c o >c-) z ° -? IN RE: PETITION TO WITHDRAW AS PLAINTIFF'S COUNS dc) -7X ORDER OF COURT ' < AND NOW, this I" day of September, 2011, upon consideration of the Petition To Withdraw as Plaintiffs Counsel, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. J Kelly M. Grob 402 Mahanoy Valley Road Apt. B Duncannon, PA 17020 Plaintiff Thomas M. Clark, Esq. 130 West Church Street Suite 100 Dillsburg, PA 17019 Attorney for Defendant ? Philip M. Intrieri, Esq. 615 North 48th Street Harrisburg, PA 17111-3625 4ies Mc ?, Ied ,r 9'a DO rc BY THE COURT, t=ILr'-D - CrFi; L ,3 i i f'r?QTlQ`#7T l~,; 2110,11 SEP 12 AN I k 29 INTRIERI & ASSOCfAY E LAND OIA T.,.' Philip M. Intrieri, Esq. 615 North 48th Street Harrisburg, PA 17111-3625 (717) 564-6969 Attorney I. D. # 76117 PMILaw@verizon.net v Car O - .5-6 r 14, C? v? L 6 e 637 CERTIFICATE OF SERVICE I, Philip M. Intrieri, Esq., do hereby certify that on September 6 , 2011, 1 served a true and correct copy of the attached ORDER and RULE TO SHOW CAUSE, by causing the documents to be deposited in the United States Mail, first class postage, pre-paid, to the following: Ms. Kelly M. Grob 402 Mahanoy Valley Road Apt. B Duncannon, PA 17020 Thomas M. Clark, Esq. Colgan Marzzacco, LLC. 130 West Church Street Dillsburg, PA 17019 September 2011 K-P /s/ Philip M. Infrieri Date Philip M. Intrieri, Esq. Attorney At Law 615 North 48th Street Harrisburg, PA 17111 (717) 564-6969 Atty. ID # 76117 . KELLY M. GROB, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION: CUSTODY / DIVORCE JASON D. GROB, f , Defendant No. 2008 - 5654 - CIVIL TERM No. 2008 - 6393 - CIVIL TERM LOU 'am -<> ORDER OF COURT Y? AND NOW, this _014pt day of 2011, upon consideration of the Petition of Plaintiff's attorney to Withdraw His Appearance in this case, and hearing no objection from the parties after issuance and service of the Rule to Show Cause, IT IS HEREBY ORDERED AND DECREED that Leave of Court is hereby granted to Philip M. Intrieri, Esq., to withdraw his representation of the Plaintiff in the above-captioned matters. BY THE COURT: o Alu V Wesley Oler, Jr., Judge Distribution: C' jps I` Philip M. Intrieri, Esq., 615 North 48th Street, Harrisburg, PA 17111-3625 4 o/it Ms. Kelly M. Grob, 402 Mahanoy Valley Road, Apt. B, Duncannon PA 17020 / OKB Thomas M. Clark, Esq., 130 West Church Street, Suite 100, Dillsburg, PA 17019 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KELLY M. GROB, Plaintiff V. , JASON D. GROB, , Defendant NO. 2008 - CV- 6393 - DV CIVIL ACTION - DIVORCE G -03 MCC zm =;0 ,/,r r? ?c1 =CD A? MOTION TO REVOKE APPOINTMENT OF MASTER z 0 .c N r? -mss C) --a o o -? AND NOW, comes Jason D. Grob, by and through his Attorney, Thomas M. Clark, Esquire, and files the instant Motion for Revocation of the Appointment of the Divorce Master of which the following is a statement: 1. Plaintiff is Kelly M. Grob, who currently resides in Duncannon, Perry County, Pennsylvania 17020. 2. Defendant is Jason D. Grob, who current resides in Camp Hill, Pennsylvania 17011. 3. The Divorce Complaint was filed on October 29, 2008. 4. The Motion for Appointment of Master was filed on September 8, 2010. 5. E. Robert Elicker, II, Esquire was appointed Master by Order dated September 14, 2010. 6. On November 9, 2011, the parties executed a Marital Settlement Agreement. 7. In light of the Marital Settlement Agreement of the parties, the Divorce Master's involvement is no longer required. WHEREFORE, Plaintiff respectfully requests that the Appointment of the Master in this matter be revoked. TES, LLC Dated: //-/,S =/l Thomas M. Clark, Esquire 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 502-5000 I.D. # 85211 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KELLY M. GROB, Plaintiff V. , JASON D. GROB, Defendant NO. 2008 - CV- 6393 - DV CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire hereby certify that on this date, I served a copy of the Motion to Revoke Appointment of Master upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by United States Mail, First Class, Postage Prepaid, as follows: Plaintiff Kelly M. Grob 402 Mahoney Valley Road Apt. B Duncannon, PA 17020 Divorce Master Cumberland County Divorce Master's Office E. Robert Elicker, III II 9 North Hano r t eet Carlisle, PA 17Q'1 Dated: //- /s_ Thomas M. Clark, Esquire 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 502-5000 I.D. # 85211 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA n ?:. KELLY M. GROB, -J' -'' Plaintiff M M C NO. 2008 - CV- 6393 - DV ~ V. + i N I Q JASON D. GROB, CIVIL ACTION - DIVORCE Defendant rv ,. ORDER AND NOW, this Z Z 0 day of Pwo-.W , 2010, based upon the Motion of Defendant, Jason D. Grob, the Appointment of the Divorce Master is VACATED and REVOKED. BY THE COURT: A/? J. . / J '? r4 Distribution: 00e, fit ? ? Thomas M. Clark, Esquire (for Defendant), 130 W. Church Street, Suite 100, Dillsburg, PA 17019 Kelly M. Grob, 402 Mahoney Valley Road, Apt. B, Duncannon, PA 17020 E. Robert Elicker, Il, Esquire (Divorce Master), 9 North Hanover Street, Carlisle, PA 17013 -in Pe a ti KELLY M. GROB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PEN NSY-J?VAN IA:? VS. NO. 08 - 6393 CIVIL rnCO zr =M o ter. JASON D. GROB, M Defendant IN DIVORCE r-Q K) -4c, 7> C-) ORDER OF COURT ? o p D AND NOW, this day of , 2011, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated November 9, 2011, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ",Kelly M. Grob (Pro Se) Plaintiff Thomas M. Clark Attorney for Defendant AA,- 'OF 44, Kev' A. Hess, P.J. ?ie.s?? Idd?lf 1 - 81'06ert & iCktx. E in bi le KELLY M. GROB, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-CV-6393-DV JASON D. GROB, a Defendant CIVIL ACTION - DIVORCE -n3 m ^' rn a r ? cn t v PRAECIPE TO TRANSMIT RECORD ?co 3;W C-) o -n ? v C) To the Prothonotary: x- Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: October 29, 2008 - Acceptance of Service 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff: November 9, 2011; by defendant: November 9, 2011. (b)(1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: N/A. (2) Date of filing of the plaintiff's § 3301(c) affidavit: N/A. Date of service of the plaintiff's § 3301(d) affidavit and counter-affidavit upon the respondent opposing party: N/A. 4. Related claims pending: None. 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A. (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: November 10.2011. Date defendant's Waiver of Notice was filed with the Prothonotary: November 10, 2011. Respectfully COLGAY &ASSPCIATES, LLC By: Thomas M. Clark, Esquire Attorney ID #85211 130 W. Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Fax: (717) 502-5050 Dated: -12--2 f- i/ KELLY M. GROB V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASON D. GROB NO, 2008-CV-6393-DV DIVORCE DECREE AND NOW, dirt t a4 /•? , it is ordered and decreed that KELLY M. GROB , plaintiff, and JASON D. GROB , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") All related claims were settled by a Marital Settlement Agreement ("Agreement") dated, November 9, 2011 (filed November 10, 2011). It is further ordered and decreed, pursuant to Pennsylvania Divorce Code, Section 23 Pa.C.S.A. §3101 et seq. Pa.R.C.P. §1920.1 et seq., and in accordance with Paragraph 3, Page 2, of said Agreement, the terms of said Agreement shall be incorporated, but not merged, into this Divorce Decree. By the Court, A st: J. i 1 Prot onotary o/• 06 • /? C'P/? m pyRjc o? ?l