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Home My WebLink About12-4156F:\FILES\Clients\14515 Hosfelt\14515.1\14515. I.prae.2.wpd Created: 6/1/06 8:50AM Revised: 7/3/12 11:38AM Hubert X. Gilroy, Esquire I.D. 29943 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FIED-OFF ;C THE PROTHONO A 2812 JUL -3 AM 11: 58 CUM%XLANO COUNTY pE N'SYLVANIA ROXANNE C. HOSFELT, Plaintiff V. ROGER L. HOSFELT, Defendant 0?S Thrt e- Turn load Sk ?Potsb,r) . P14'17), S7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAI NO. 2012- -71 Sly b/ CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY : Pursuant to Pennsylvania Rule of Civil Procedure 1910.24(A) and in accordance with written certification of support arrearages as provided by the Cumberland County DomeE Relations Office which is attached hereto and marked Exhibit `A', please enter judgment in i above captioned matter in favor of Plaintiff Roxanne C. Hosfelt and against Defendant Roger Hosfelt in the amount of $23,099.33. Please enter judgment of record upon the proper docket a in the judgment index. MARTSON LAW OFFICES B Hubert X. Gilroy, Esquire 10 East High treet Carlisle, P 17013 (717) 243-3341 Date: July 3, 2012 Attorneys for Plaintiff aNkj -& C?? d 7S P J a? 97 isl9 *Jej In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 JULY 3, 2012 Fax: (717) 240-6248 Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: Please note: All correspondence n ROXANNE C. HOSFELT ROGER L. HOSFELT 01126 S 2011 072112931 lust include the PACSES Case Number Certification of Arrearage I, R.J. Shadday, hereby certify that arrearages on the above case as of JULY 3, 2012 total $26,518.33. G 7/? Date Signatu ,? '.rr;,, . t,?. ,-my NvId ?kwl ilrv ca?:i £! -ItJ al tra.'I 'a. ?j :/, L': 1i *F.{ 1.{14, $ EXHIBIT Service Type M $ A Deputy Clerk of Coc Cumberland Ccunty Commis First MenegyIn January Form EN-003 Worker ID 21005 n Expires -.41- _SES Help TRNL Financial Transaction Log -- 072 X293 Dist Hold N Dist Hold Reas Code ?.a; _, 720: D000:8 HOSFELT, ROGER L. 413: 1025Ci) HOSFELT, ROXANNE C. nisi D=ht Eal anr;e 26,566.83 Trans action Description 12 ACCRUAL I-RANS 0E.IS 12 NEW OBLIGATION 02+'2212 DISBURSEMENT C C C C C C C C BACK Reference ID 41331025001 SHADDARJ Payor has future collections on hold Trans Amt 3415.00 23,147.83 0.00 26, 5.66 - 83+ Zb 5 1l• 3 3 r 48.50 2615.18 - 3+ *41 9 •- 23s49y•33o 2 08:05 N CERTIFICATE OF SERVICE I, Shelly R. Brooks, an authorized agent for Martson Law Offices, hereby certify that a of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, first class mail, postage prepaid, addressed as follows: Susan K. Pickford, Esquire 3400 Trindle Road Camp Hill, PA 17011 MARTSQN LAW OFFICES Shelly .brooks Ten E High Street Carlis , PA 17013 (717) 243-3341 Dated: JA, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 12-4156 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ROXANNE C. HOSFELT Plaintiff (s) 'our 17 ?S7 From ROGER L. HOSFELT, 1 ohs ??lJ'n 90CASX* '5' 'PA (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: M&T BANK, 960 WALNUT BOTTOM ROAD, CARLISLE, PA 17013 SUSQUEHANNA BANK, 1196 WALNUT BOTTOM ROAD, CARLISLE, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $23,099.33 Interest Atty's Comm % Atty Paid $68.25 Plaintiff Paid Date: 7/3/12 (Seal) L.L. $.50 Due Prothy $2.25 Other Costs David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name : HUBERT X. GILROY, ESQUIRE Address: MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 10 EAST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-3341 Supreme Court ID No. 29943 tF3 ILEO-O F ICE FAFILES\Clients\14515 Hosfelt\14515.1\14515.I.pra.exec.wpd PRO f 111.JLJ h ?i 2012 JUL -3 PM 12: 02 CUMBERLAND C0+1j1gT Hubert X. Gilroy, Esquire PMSYLVANIA I.D. No. 29943 Jennifer L. Spears, Esquire I.D. No. 87445 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ROXANNE C. HOSFELT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2012- x{'15 6 ROGER L. HOSFELT, QS 'three'rkrrl Defendant goad J l 15? PRAECIPE FOR WRITS OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Issue writs of execution in the above matter, (1) directed to the Sheriff of Cumberland County; (2) against: (a) M&TBank, having an address of 960 Walnut Bottom Road, Carlisle, PA 1701 as Garnishee; and (b) Susquehanna Bank, having an address of 1196 Walnut Bottom Road, Carlis PA; and (3) enter this writ in the judgment index against Defendant Roger L. Hosfelt; (4) The amount due to Plaintiff is itemized as follows: Unpaid principal balance of judgment $23,099.33 Costs to be added $ 15 Total $ 3V.?s CAF asa "`? -s°LL- PS -24 1 to - of ?x ?r` - ' ;h 775- -41 Q (6) Please direct the Cumberland County Sheriff to execute upon any and all accounts Of the Defendant in the possession or control of the Garnishees. * To be determined by the Sheriff of Cumberland County. MARTSON LAW OFFICES By: Date: / - 7 - a61,;)- Hubert X Gilroy, Esq I.D Jennifer L. Spears, Hs`c T.D. No. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ROXANNE C. HOSFELT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2012-4156 Civil - 3 ° -r 0 =,rn C rYtr__ ROGER L. HOSFELT, = 0M Defendant ?> cry d T> C-) = C:) MOTION TO VACATE JUDGMENT v P' ' c , r., ..r _ NOW COMES, Roger L. Hosfelt, by and through his attorney Susan K. Pickford, Esq. who fil s this Motion to Vacate Judgment entered July 3, 2012 by the Prothonotary pursuant to Praecipe filed by Plaintiff herein and states the following in support thereof: 1. On or about May 29, 2012 a hearing addressing Spousal Support in the above matter was heard before Support Master Rundle. 2. On or about June 15, 2012 Mr. Rundle filed his Findings and Recommendations. 3. On or about June 18, 2012 said Findings and Recommendations were served upon the parties with a Notice of Process to File Exceptions stating that Exceptions must be filed by July 8, 2012. 4. On or about July 3, 2012, prior to expiration of the period to file exceptions, Plaintiff filed a Praecipe to enter judgment against Defendant for arrears based upon the Findings and Recommendations and an Interim Order issued thereon. 5. Defendant is filing Exceptions to the Master's Findings and Recommendations on July i 2012 within the 20 day period required by law. 6. Judgment against Defendant is premature as no final order has been issued and Defendant's Exceptions challenge the amount of support and therefore the amount of arrears and are pending before the court. 7. Judgment against Defendant on the arrears prior to a final order will necessitate the liquidation of potential marital assets prior to, and frustrating the issue of, equitable distribution in this case. WHEREFORE, Defendant respectfully requests this Honorable Court vacate the Judgment in the above captioned matter as the Exceptions filed by Defendant have not yet been heard and a final order not yet issued. Respectfully submitted, f Susan K. Pickford, Esq. ID# 43093 3400 Trindle Rd. Camp Hill, PA 17011 717-695-3294 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document was served the persons and at the locations and in the manner indicated below. Hubert X. Gilroy, Esq 10 East High Street Carlisle, PA 17013 (first class mail) Pickford Law Office ? isan K. P ID# 43093 3400 Trindle Rd. Camp Hill, PA 17011 717-695-3294 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ??'~?}titp at gar:nGrr;rx?1d OF ICE OF `.h? -rtF,IFF s~ : ??-?1? F1G?. r t } L r' OTNONOTAF? 2012 JUL 10 AM 8I:09 CU PENNSYLVANIATY Roxanne Hosfelt vs. Roger Hosfelt Case Numb 2012-4156 SHERIFF'S RETURN OF SERVICE 07/06/2012 11:20 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 6 2012 at 1118 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and mo ies of the within named defendant, to wit: Roger Hosfelt, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, ry handing to Amy Whiteman, Teller, personally three copies of interrogatories together with three true aid attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on July 9, 2012 to Roger L. Hosfelt, 125 Thr e Turn Road, Shippensburg, PA 17257. 07/06/2012 11:45 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 6 2012 at 1118 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and mo iies of the within named defendant, to wit: Roger Hosfelt, in the hands, possession, or control of the within named garnishee, Susquehanna Bank, 1196 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Darlene Yegher, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of kn wn to her. SO ANSWERS, July 06, 2012 RON R ANDERSON, SHERIFF ., I illiam Cline, Deputy (c COLIM SUIte Sheriff. Ielec.=.ofl Inc ROXANNE C. HOSFELT, Plaintiff V. ROGER L. HOSFELT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2012-4156 Civil ORDER . 114 AND NOW this /0 day of, 2012 having considered Defendant's Motion to Vacate Judgment, Defendant's Motion is hereby GRANTED, the Judgment in the above captioned matter is VACATED. BY THE COURT J. DISTRIBUTION: c =' F.. _s -a 3 w C-- Hubert X. Gilroy, Esq 10 East High Street Carlisle, PA 17013 c ` )PI c-; --- Zc, Susan K. Pickford,Esq. ' 3400 Trindle Rd Camp Hill, PA 17011 Prothonotary ?9P?e-5 166 7//C'?j a F:TILESVCients\14515 HosfeltA14515.1\14515.I.Motion.wpd Hubert X.. Gilroy, Esquire H,? s w l? .tea ^? I.D. No. 29943 ? Jennifer L. Spears, Esquire I.D. No. 87445 < r) , MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street " ,- Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ROXANNE C. HOSFELT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ROGER L. HOSFELT, Defendant NO. 2012-4156 CIVIL PRIOR JUDGE: The Honorable Albert H. Masland MOTION FOR RECONSIDERATION OF ORDER Plaintiff, Roaxanne C. Hosfelt, by her attorneys, Martson Law Offices, sets for the following: (1) This Court entered an order July 10, 2012, vacating the judgment entered in he above matter. A copy of the said Order is attached hereto and marked Exhibit `'. (2) The Order vacating the judgment was entered in response to a Motion to Vacate Judgment (Motion) filed by the Defendant on July 6, 2012. Although said Mot?on suggests a copy was served on the undersigned attorney, the undersigned herby certifies he never received a copy of the Motion to Vacate Judgment and, therefdre, was never advised that the issue was before the Court. (3) The undersigned received a copy of the order vacating the judgement on July 1, 2012. (4) Defendant's suggestion in paragraph 6 of the Motion that the judgment! is "premature" because exceptions have been filed is incorrect. Pursuant to Pennsylvania Rule of Civil Procedure 1910.12(h), an interim order for support continues in effect despite the fact that exceptions have been filed. This proce&re has been the practice within the Cumberland County Domestic Relations Office (DRO). (5) After the entry of the June 15, 2012 support order in this case (a copy of whic? is attached hereto and marked Exhibit `B'), Judge Guido entered an order direc ng Defendant to pay support with his first payment being due on July 1, 201 ,. Defendant has failed to comply with that order and has not paid any support. (() The DRO issued a wage attachment against Stan's Beverage, which is a business owned 95% by the Defendant and controlled 100% by the Defendant. Now es have been attached by Stan's Beverage or remitted to the DRO for payment to ithe Plaintiff. (7) Plaintiff filed the support action in December 2011 and has received zero money from the Defendant since that time. (8) Plaintiff's action in initiating the entry of a judgment was based upon Pennsylv4nia Rule of Civil Procedure 1910.20. A reading of this Rule, and specifically a reading of the comments following the Rule, make it clear that Plaintiff would not have ben able to enter judgment on the arrearage in this case if Defendant had paid the monihly obligation of support that was due on July 1, 2012. However, once Defendant defaulted on the current support order, the past due support of arrearage bec` me overdue support and was subject to entry of the judgment. (9) Plaintiff proceeded with entry of the judgment pursuant to Rule 1910.24(a). ?rhe DRO provided to Plaintiff a certified copy of the arrearage owing and hat certification formed the basis of entry of the judgment. (See Praecipe to Enter Judgment and certification from the DRO attached here to and marked Exhibit (10) Enforcement of the judgment in question will do nothing to require the liquidation of potential marital assets prior to or frustrate the issue of equitable distributio in this case. Such allegation by the Defendant in paragraph 7 of the Motion is meritl ss. The testimony at the hearing in this matter proved that Defendant has nume?ous sources of income, and a clear reading of the Support Master's decision cle4rly indicates that Defendant has the ability to make payments as directed under the support order. (See Support Master's report attached to Support Order at Exhibit `B' (11) Plaintiff asserts that she has followed all of the rules in this matter and that ther10 is no legal basis to vacate the judgment. Wherefore, Plaintiff requests Your Honorable Court to enter an Order in the form as attach?d. I MARTSON LAW OFFICES By:V /(j AV LJ 'i Hubert X Gi oy, Esquire I.D. No. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: July 11, 2012 Attorneys for Plaintiff ROXANNE C. HOSFELT, Plaintiff V. ROGER L. HOSFELT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2012-4156 Civil ORDER AND NOW this 1C'44day of L2 J 2012 having considered Defendant's Moti to Vacate Judgment, Defendant's Motion is hereby GRANTED, the Judgment in the above captioned matter is VACATED. BY THE COURT J. DISTRIBUTION: Hubert X. Gilroy, Esq 10 East High Street Carlisle, PA 17013 c? c -? 3 M > r- c N r- -I Susan K. Pickford,Esq. 3400 Trindle Rd Camp Hill, PA 17011 Prothonotary EXHIBIT -A-- TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This /16 day of 20 Prothonotary a a In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ROXANNE C. HOSFELT ) Order Number: 01126 S 2011 Plaintiff ) PACSES Case Number: 072112931 vs. ROGER L. HOSFELT Docket Number: 01126 S 2011 Defendant ) Other State ID Number: ORDER OF COURT - ALLOCATED O Final O Interim O Modified AND NOW, 15TH DAY OF JUNE, 2012, based upon the Court's determination hat the Payee's monthly net income is $1,307.00 and the Payor's monthly net income is $9,85400, it is hereby ordered that the Payor pay to the Pennsylvania State Collection and Disbursement Unit Three Thousand Seven Hundred Sixty Dollars ($3,760.00) a month payable monthly as follows: first payment due 07/01/12 and monthly thereafter.. The effective date of the order is 12/09/11. Arrears set at $23147.83 as of JUNE 15, 2012 are due in full IMMEDIATELY. of this Order are subject to collection and/or enforcement by contempt proceedings, bureau reporting, tax refund offset certification, passport denial certification, driver's/ professional/recreational license revocation, interception of lottery winnings, and the terms and seize of financial assets. These enforcement/collection mechanisms will not be initiated as long as obligor does not owe overdue support. Failure to make each payment on time and full will cause all arrears to become subject to immediate collection by all the means listed above. For the Support of Name ROXANNE C. HOSFELT Service Type M EXHIBIT B Leo Co r_ m T r ?Drrn Z N -+ o -<;r W N 00 Form OE-518 11/11 Worker ID 21300 in HOSFELT v. HOSFELT PACKS Case Number: 072112931 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 LEAS ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. I YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO TH FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIF (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDIN UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AN ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT I ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPOR OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIR IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN TH 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, OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST R PROPERTY. IT IS FURTHER ORDERED that, upon payor's failure to comply with this order, payor may arrested and brought before the Court for a Contempt hearing; payor's wages, sala commissions, and/or income may be attached in accordance with law; this Order will increased without further hearing by 0% a month until all arrearages are paid in full. Pad is responsible for court costs and fees. Copies delivered to parties to Consented: Plaintiff Defendant 15TH DAY OF JUNE, 2012 Service Type M Plaintiffs Attorney Defendant's Attorney BY THE COURT--- '•"m'-- ?+ ftf Date EdwaW E.:Gilido' Judi Form 0E-518 11/11 Page 4 of 4 Worker ID 21300 ` . ROXANNE C. HOSFELT, Plaintiff V. ROGER L. HOSFELT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 072112931 DOCKET NO. 1126 SUPPORT 2011 SUPPORT MASTER'S REPORT AND RECOMMENDATION Following hearings held before the undersigned Support Master on April 30, 2012 and May 29, 2012 the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Roxanne C. Hosfelt, who resides at 112 Big Pine Road, Shippens Pennsylvania. 9 N L? 6. On December 9, 2011 the Plaintiff filed a Complaint for spousal su"11 rnF 7. The Plaintiff has been employed as an office manager and real estate_s?s agent for George Ebener & Associates, a real estate brokerage in Cumberland t°nty. co -D 8. The Plaintiff is paid on commission basis only. =.t> rn N z- .. -+ o 9. In 2011 the Plaintiff had gross annual income from this employment of$14,194444. 2. The Defendant is Roger L. Hosfelt, who resides in Shippensburg, Pennsylvania. 3. The parties were married on May 17, 2004. 4. There are no minor children of the marriage. 5. The parties separated on or about October 31 2011 10. In 2011 the Plaintiff had net profit of $4,067.00 11. The Plaintiff owns two rental properties, 412 and 418 Kara Way, Shippensburg, Pennsylvania. 12. In 2011 the Plaintiff had gross rental income of $18,240.00 and expenses of $20,061.00, which included a depreciation expense of $9,454.00. 13. For the period of January through April, 2012 the Plaintiff has had gross income her employment with Ebener of $14,460.51. 14. The Plaintiff provides health insurance coverage on herself at a cost of $271.00 per month. 15. The Plaintiff's tax filing status is married/separate. 16. The Defendant has a 95-percent interest in RR Hosfelt, LLC, which does business Stan's Beverage. 17. The Defendant receives an annual salary of $30,000.00 from this business. 18. For tax year 2011 RR Hosfelt, LLC reported ordinary business income of $13,417.( none of which was distributed to the owners. 19. The Defendant is the owner of R. Hosfelt, LI_C, which owns the real estate upon which Stan's Beverage is located. 20. In 2011 R. Hosfelt, LLC received gross rental income of $48,000.00 and claimed expenses of $48,527.00 of which $12,820.00 was a depreciation expense. 21. The Defendant is the owner of Hosfelt Bail Bonds, LLC. 22. For tax year 2011 Hosfelt Bail Bonds, LLC had net profit of $13,310.00. 23. The Defendant is the owner of RLH Contractors, LLC. 24. In 2011 RLH Contractors, I.LC reported a loss of $20,116.00. 25. RLH Contractors, LLC is the mortgagee on a property it sold to Brian M. Dorsey in January, 2010 and receives monthly payments on said mortgage of $359.73. 26. In March, 2010 RLH Contractors, LLC sold a property to Michael and Jonathan Wa on an installment agreement of sale and receives monthly payments of $758.48. 27. The Defendant has ownership interest in Azone Energy Specialists, JRS Kooler Service, and Glove Farm Development, none of which had income in 2011. 28. The Defendant is the owner of Hosfelt Trucking, LLC. 29. For tax year 2011 Hosfelt Trucking had income of $240,646.00 and expenses of $240,747.00, of which $950.00 was a depreciation expense. 30. In 2011 the Defendant owned seven rental properties from which he derived gross rental income of $89,800.00 and for which he had expenses of $80,749.00, of which $21,244.00 constituted depreciation expenses. 31. The Defendant's tax filing status is married/separate. 2 DISCUSSION A dependent spouse is entitled to spousal support until it is proven that conduct on the part of the dependent spouse constitutes grounds for a fault divorce. Crawford v. Crawford, 633A.2d 155 (Pa. Super. 1993). The Defendant has offered no testimony alleging marital fault on the part of his wife. Rather he argues that his wife is not a "dependent spouse" and, therefore, is not entitled to an award of spousal support. The term "dependent spouse" is used routinely in appellate and lower court decisio s but has never been specifically defined. Before the adoption of the Uniform Support Guidelines entitlement to spousal support was determined by considering the reasonable financial needs of the Claimant and the reasonable ability of the payor spouse to pay. The only guiding light was the maxim that spousal support could not exceed one-third f the obligor's net income. Prudhomme v. Prudhomme, 48 Pa. D. & C. 4th 182 (2000). With the adoption of the Uniform Support Guidelines in 1989, this all changed. In Ball v. Minnick, 648 A.2d 1192, 1195-1196 (Pa. 1994) the Supreme Court stated: Rule 1910.16-1 explicitly states that the amount of support, whether it be support, spousal support, or alimony pendente lite, shall be determined in accordance with the support guidelines.... Consequently after the adoption of the support guidelines, a dependent spouse is now a spouse who would be entitled to a monetary award under the formula set forth in Pa.R.C.P. 1910.16-4(a) Part IV. The Plaintiff, although she works in the office of a local realtor, is for tax purposes self-employed individual. She receives a Form 1099-Misc. reporting "non-employee compensation" and must complete a Schedule C in her federal and state tax returns. H income fluctuates from year to year. Her net profit in 2011 was only $4,067.00. This was an anomaly and does not reflect her earning capacity. Consequently rather than w that single year for support purposes, the last five years will be considered with the hig and low years discarded and the remaining three years averaged.' This results in an average profit from self-employment of $20,091.00, or $1,674.00 per month. The Plaintiff also owns two rental properties. In 2011 she had gross rental income c $18,240.00 and claimed total expenses of $28,061.00, of which $9,454.00 constituted a depreciation expense. Because the subject of depreciation plays a significant role in thi: case, it will be discussed at this juncture. In McAuliffe v. McAuliffe, 613 A.2d 20 (Pa. Super. 1992) the Court explained that depreciation expenses that are allowed under federal income tax law will not automatically be deducted from gross income for purposes of determining support responsibility. Only where a depreciation expense reflects an actual reduction in the personal income of the party claiming the deduction, such as where he or she actually spends money to purchase equipment, will the gross income be reduced for support ' In 2011 the income was $4,067.00, in 2010, $12,693.00, in 2009, $16,740.00, in 2008, $30,840.00, and in 2007, $32,891.00. purposes. It is the "cash flow," not the federally taxed income, that must be considered in arriving at a support obligation. Cunningham v. Cunningham, 548 A.2d 611 (Pa. Super; 1988) allocator denied, 559 A.2d 37 (Pa. 1989). Otherwise put, depreciation is not income for support purposes, rather it is an expense allowed for tax purposes, but not allowed for support purposes to reduce a party's income. In the case of the Plaintiff's rental properties, the total expense of $28,061.00 is reduced by the depreciation expense of $9,454.00 leaving a balance of $18,607.00 in actual expenses. Because this figure still exceeds the $18,240.00 of income, no income for support purposes is derived by the Plaintiff from the rental properties. With gross monthly income of $1,674.00 and a tax filing status of married/separate, the Plaintiff has net monthly income for support purposes of $1,307.00.2 The Defendant's income is far more complex. Because of his involvement in numerous businesses, a cash flow, or disposable income, analysis will be performed. The Defendant receives a salary from RR Hosfelt, LLC of $30,000.00 annually. Thi? is clearly income for support purposes. RR Hosfelt, LLC operates a beer distributorship. For tax year 2011 the business had gross profit of $675,726.00. It's claimed total expenses of $662,309.00, of which $36,861.00 represented a depreciation expense. As explained above the depreciation expense is not an actual cash outlay in 2011. Consequently it will be deducted from the total expenses claimed leaving actual expenses of $625,448.00. Deducting this figure from the gross income leaves a profit for support vurposes of $50,278.00, not $13,417.0 as shown as net profit on the corporate tax return. A recommendation is made that 95 percent (the Defendant's ownership interest of this entity) of the difference, or $35,018.00, be included as income for support purposes. The Defendant is the sole owner of R. Hosfelt, LLC, which owns the real estate where the beer distributorship is located. R. Hosfelt, LLC had gross rental income of $48,000.00 in 2011. It claimed expenses of $48,527.00, of which $12,820.00 represente4 a depreciation expense. Reducing the expenses by that sum leaves a balance of $35,707.00 in actual expenses. :Deducting that figure from the rental income leaves income for support purposes of $12,293.00. The Defendant is the owner of RLH Contractors, LLC. The Defendant derives no income from this entity for support purposes. Deducting the depreciation expense from the claimed expenses leaves expenses which still exceed the company's income. The Defendant owns Hosfelt Bail Bonds, LLC from which he had net profit in 2011 of $13,310.00. This constitutes income for support purposes. z See Exhibit "A" for the tax deductions from gross income. s See Plaintiffs Exhibit 16. 4 The Defendant owns Hosfelt Trucking, LLC. 'T'his entity had total income of $240,646.00 and claimed expenses of $240,747.00, of which $950.00 was a depreciation expense. Deducting that figure from the total expenses leaves actual expenses of $239,797.00. Deducting this figure from the gross income leaves a profit of $849.00. This is income for support purposes. The Defendant also has ownership interest in Azone Energy Specialists, JRS Kooler Services, LLC, and Grove Farm Development, none of which generated income for support purposes in 2011. The Defendant reported income from seven rental properties in 2011. He had total rental income of $89,800.00 and claimed total expenses of $80,739.00, of which $21,244.00 represented depreciation expenses. Deducting the depreciation expenses from the total expenses leaves actual expenses of $59,495.00. Deducting this figure fr, the gross income leaves a balance of $30,305.00 as profit and as income for support purposes. The Defendant had total disposable income in 2011 of $121,775.00. He paid no federal income tax, $1,406.00 in Pennsylvania state income tax, $420.00 in local incot tax, and $1,695.00 in FICA/Medicare. His net disposable income was $118,254.00. 1 results in average net monthly income of $9,854.00. With net monthly income for the Defendant of $9,854.00, net monthly income for the Plaintiff of $1,307.00, and no mil children of the marriage, the Defendant's obligation for spousal support under the guidelines is $3,419.00 per month.4 RECOMMENDATION A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as spousal support the sum of $3,419.00 per month. B. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $341.00 per month on arrears. C. The effective date of this order is December 9, 2011. C c I Jun -," ' :',` 2012 Nlut z J June 15, ? Date Michael R. Rundle Support Master ° See Exhibit "B" for the calculation. cc: Roxanne C. Hosfelt Roger L. Hosfelt Hubert X. Gilroy, Esquire For the Plaintiff Susan K. Pickford, Esquire For the Defendant DRO/rj s In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Roxanne C. Hosfelt Defendant Name: Roger L. Hosfelt Docket Number: 1126 S 2011 PACSES Case Number: 072112931 Other State ID Number: Tax Year: Current: 2012 Defendant aintiff PI I 1. Tax Method Manual 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 $9,854.50 $1,674.00 _ 6. Deductions Method Standard Standard _ 7. Deduction Amount $495.83 $495.83 8. Exemption Amount $316.67 $316.67 _ 9. Income MINUS Deductions and Exemptions $9,042.00 $861.50 10. Tax on Income $2,022.55 $92.97 11. Child Tax Credit 12. Manual Adjustments to Taxes 13. Federal Income Taxes - $92.97 _ 13 a. Earned Income Credit - - _ 14. State Income Taxes - $51.39 _ 15. FICA Payments - $205.61 _ 16. City Where Taxes Apply Select Select _ 17. Local Income Taxes - $16.74 TOTAL Taxes - $366.71 SupportCalc 2012 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Spousal Support Calculation Rule 1910.16 (PACSES FORMAT) Plaintiff Name: Roxanne C. Hosfelt Defendant Name: Roger L. Hosfelt Docket Number: 1126 S 2011 PACSES Case Number: 072112931 Other State ID Number: 1. Obligor's Monthly Net Income 9 854 50 , . 2. Less All Other Support 3. Less Obligee's Monthly Net Income 1 307 29 , . 4. Difference i 8 547 21 _ 13 , . 5. Less Child Support Obligation for Current Case Without Part II Substantial or Shared Custody Adjustment 6. Difference 8 547 2 _ , . 1 7. Multiply by 30% or 40% 40 00% _ . 8. Income Available for Spousal Support 3 418 _ , .88 9. Adjustment for Other Expenses _ 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL 3,418.88 Prepared by mrr SupportCalc 2012 Date: 6/15/1012 EXHIBIT "B" F:\FILES\Clients\14515 Hosfelt\14515 1\14515.I.prae.2.wpd Created: 6/1/06 8:50AM Revised: 7/3/12 11:3 8AM Hubert X. Gilroy, Esquire I.D. 29943 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ROXANNE C. HOSFELT, Plaintiff V. ROGER L. HOSFELT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAI NO. 2012- CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY : Pursuant to Pennsylvania Rule of Civil Procedure 1910.24(A) and in accordance with written certification of support arrearages as provided by the Cumberland County Domes Relations Office which is attached hereto and marked Exhibit `A', please enter judgment in i above captioned matter in favor of Plaintiff Roxanne C. Hosfelt and against Defendant Roger Hosfelt in the amount of $23,099.33. Please enter judgment of record upon the proper docket a in the judgment index. MARTSON LAW OFFICES Date: July 3, 2012 By Hubert X. Gilroy- Esqi 10 East Hi eet Carlisle, P _I7013 (717) 243-3341 Attorneys for Plaintiff EXHIBIT In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 JULY 3, 2012 Fax: (717) 240-6248 Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: ROXANNE C. HOSFELT ROGER L. HOSFELT 01126 S 2011 072112931 Please note: All correspondence must Include the PACSES Case Number. Certification of ArrearM I, R.J. Shadday, hereby certify that arrearages on the above case as of JULY 3, 2012 total $26,518.33. 3? 4 9. 3 i 7/3 Date Lai7t- Signaturff 'A TWILIOny tf==rct I llu'l ?'r, n S?7t fend 9A the aQ> 10 «'• r%jrt at Cali a, pa F - Stu; ?t 3f Coe;; t3 IDSPty Clerk of Cou Cumberland,Caurity Commies n Expires First 141ondgiOn .January -?L_ Service Type M EXHreR A-- Form EN-003 Worker ID 21005 ?ROr F"e F'eId 0 5ors N=q 'lac 7a'i a en . PACSES He j -urc. TRNL Financial Transaction Log SHADDARJ 7!03112 08;05 CASE ID: 07211: 131 C Dist Hold: N Dist Hold Reas Code. Payor: 720200:,028 HOSFELT, ROGER L. Payee 413310!500 HOSFE LT. ROXANNE C. Total Debt Balance 25 ,566.83 Payor has future collections an hold- N DATE "ransaction Description Reference ID Trans Amt D bt Bal 0702112 ACCF'Ut L'fR""-,NS O6N5112 NEW OEI_IGA-rION 3419.00 ,588.83 02122H2 DISBURSEMENT 41331025004 23,147.83 ,147.83 0.00 0 7 BACK 26,15660.83+ 2E? * !:i '1 i?? - 33- Gas . cEB-5o 26P578.33+ 3rr419-- 23sO99.330 CERTIFICATE OF SERVICE I, Shelly R. Brooks, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Susan K. Pickford, Esquire 3400 Trindle Road Camp Hill, PA 17011 MARTSQN LAW OFFICES Shelly A. Brook§ Ten E High Street Carlis , PA 17013 (717) 243-3341 r Dated: / ?V F TILE S\Clients\1 45 15 Hosfelt\14515.1\14515. int. attach. susq.wpd Hubert X, Gilroy, Esquire I.D. 29943 MARTSON LAW OFFICES 10 East High Street Carlisle, 13A 17013 (717) 243-3341 Attorneys for Plaintiff L n `',U'MBE LA D ANIA TY PK ROXANNE C. HOSFELT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012-4156 CIVIL ACTION - LAW ROGER L. HOSFELT, Defendant INTERROGATORIES IN ATTACHMENT TO: SUSQUEHANNA BANK, GARNISHEE You must file with the Court answers to the following interrogatories within twenty (201 days after service upon you. Failure to do so may result in a default judgment being entered against you. A copy of said answers must be served on the undersigned. If your answer to any k of the subject propeM. 1. State the correct name and address of your organization, business or enterprise. ANSWER: Susquehanna Bank, 26 N. Cedar Street, PO Box 1000, Lititz, PA 17543. 2. State the name or names of each person who provided aid or assistance to you in answering these interrogatories. ANSWER: The bank's electronic database was used to answer these interrogatories. 3. At the time you were served or at any subsequent time, was there in your possession, custody or control or in the joint possession, custody or control of yourself or one more other persons any property or any nature owned solely or in part by the Defendant? ANSWER: Defendant has one individually held checking account number XXXXXX8972 with no available balance after the general monetary exemption. 4. At the time you were served or at any subsequent time, did you have or share any safe-deposit boxes, pledges, documents of title, securities, notes, coupons, receivable, or collateral in which there was an interest claimed by Defendant? ANSWER: Defendant has a safe deposit box number XXXXXX0036 at our Walnut Bottom Road office located in Carlisle, PA. Also, prior to service, the defendant received a loan from tl?e bank. The loan is secured by a lien against real estate . Cumberland County, Pennsylvania. This loan remains outstanding and no payments have been received since service. 5. Identify every account (not previously noted), titled in the name of Defendant in which you believe Defendant has an interest in whole or part, whether or not styled as a payroll account, individual retirement account, tax account, lottery account, partnership acco joint or tenants by entirety account, insurance account, trust or escrow account, attorney's account or otherwise. ANSWER: V/,, 6. Please specify the amount, value and/or nature and location of the subject property identified in interrogatory number 5 above. ANSWER: N/A. MARTSON LAW OFFICES By: ?. Hubert X. Gilroy, Esquire I.D. 29943 R. Christopher VanLandingham, Esquire I.D. 307424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: July 5, 2012 Attorneys for Plaintiff VERIFICATION I, Catherine M. Bush, verify that the facts set forth in these Garnishee's Answers to Interrogatories are true and correct to the best of my knowledge, information, and belief. This statement. is made subject to the penalties of Section 4904 of the Crimes Code (18 PA.C.S. § 4904) related to unsworn falsification to authorities. Dated: July 13, 2012 Catherine M. Bush, Assistant Secretary and Legal Counsel Susquehanna Bank 26 North Cedar Street Lititz, Pa 17543 (717) 625-6273 ROXANNE C. HOSFELT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANI A V. No. 2012-4156 Civil ROGER L. HOSFELT, Defendant ; x? =;o vrn C 'O PETITION STAY OF ORDER PENDING HEARING -:)-ri =C) 4 : NOW COMES, Roger L. Hosfelt by and through his attorney Susan K. Pickford, Esq. and s is forth the following: 1. On or about December 9, 2011 an action in support was filed in the above matter. 2. On April 30 and May 29, 2012 hearing on support was set before the Support Master Cumberland County. 3. On June 15, 2012 Findings and Recommendations were filed by the Support suggesting disposable income for defendant of $122,000 and a spousal support in the amount of $3,419.00 per month plus an additional $314.00 per month on totaling over $23,000. 4. The income figure included approximately $80,000 of depreciation figures and ri income that is not being received by Defendant. 5. The interim order required the first payment to be made on July 1, 2012, a Sunday, than one month from the date of the interim order. 6. Defendant filed timely Exceptions to the Master's Findings on July 6, 2012. 7. On July 3, 2012, less than 2 full business days after payment was due, and prior to the deadline to file Exceptions, Plaintiff filed a Praecipe to Enter Judgment and based on the interim support order. 8. Plaintiff is living in and has sole and exclusive possession of the unencumbered marital home. 9. Plaintiff has been gainfully employed for the past 30 years, earning more in the quarter of 2012 than she made the entire year of 2011. 10. Defendant is self employed in the housing industry. His personal account shows a balance of only $9,300 which was transferred from his business account to the real estate taxes and insurance due on the couple's rental properties. 11. Defendant's business accounts show less than $4,000.00. 12. Plaintiff has garnished Defendant's $30,000 gross annual income from Stan's in an amount that exceeds his income. 13. Plaintiff has filed a Writ to freeze Defendant's personal bank account which only the funds to pay the taxes on the real property. 14. The only source of income Plaintiff has not affected is Defendant's Bail Bond i which showed a gross profit of $13,000 for 2011 and is insufficient to pay the order. 15. Support is based on need and dependency. Plaintiff is enjoying a debt free, producing life while attempting to leave Defendant financially destitute by executing this interim order. WHEREFORE, Defendant respectfully requests this Honorable Court to Stay any and ( all enforcement action on the Interim Order in the above captioned matter pending a final following hearing on Defendant's Exceptions. Respectfully submitted, ? K Susan K. Pickford, Esq. 3400 Trindle Road Camp Hill, PA 17011 ID# 43093 (717) 695-3294 VERIFICATION I, Roger Hosfelt, hereby state that I have read the foregoing Petition for Stay and the statements set forth therein are true and correct to the best of my knowledge, information and belief. Further I understand that this Verification is made subject to the penalties of 18 Pa.C.S. §4904, which relates to unsworn falsification to authorities. -406 . Date: July 17, 2012 OSFELT CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document was served the persons and at the locations and in the manner indicated below. Hubert X. Gilroy, Esq 10 East High Street Carlisle, PA 17013 (fax) Pickford Law Office Su' M6 K. Pickford,'FO ' ID# 43093 3400 Trindle Rd. Camp Hill, PA 17011 717-695-3294 0 ROXANNE C. HOSFELT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAT V. : No. 2012-4156 Civil C-) ROGER L. HOSFELT, C Defendant U) DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR RECONSIDERATION OF ORDER 7n pc REQUESTED AUTHORITY In response to the court's request for authority on Defendant's Motion to Vacate Plaintiffs Judgment and Execution, Defendant offers the following: 1. The Court cites the language of 23 Pa.S.C. 4302 defining "Order of support" in stating that a "temporary" order is included under language of "order of support" and applicabl throughout the statute. The Court also points to language of "assistance imposable by law" as applicable to the case at bar. Statutory construction requires that the plain meaning of words be applied. The language of the definition does not include the term `interim'. The order in question is not a `temporary' order but an `interim' order and Defendant would suggest that there is a difference with a distinction. While a temnorar order connotes an order to be applied to a finite period of time, it does not suggest that i may be changed or modified retroactively. Whereas an "interim" order may be so affected by a final order of court as to render the interim order null and void. While the interim order may be imposable, requiring payments to be made in the interim, imposab does not specifically speak to enforcement, only imposition. The comments following rn r off'' ? ?1 Rule 1910.12 speak to the fact that support payments are due and owing under the i order but does not include language of the permanent nature of judgment and 2. The Pennsylvania Supreme Court has ruled on several occasions that an interim order i not appealable as it is not a final order. Fried v Fried, 509 Pa. 89, 501 A.2d 211 (19 Wall v Wall, 534 A.2d 465, Caplan v Caplan, 713 A.2d 674. In the instant case, Defendant would not be permitted to appeal the interim order of support upon which figure for Plaintiffs Judgment and Execution are based as it is not a final order until Exceptions are heard. Pennsylvania law has set a process of exceptions and argument it place for challenging a support award from a Master's Hearing. Defendant has availed himself of that process and filed timely Exceptions. Dates for briefing and argument were received today by counsel. While the Rules certainly provide for imposition of th support award on an interim basis, the judgment and execution on failure to pay fall under the language of Order of Support which Defendant argues does not occur until a final order following hearing on the exceptions filed. Should Plaintiff be permitted to execute a judgment on an interim order, Defendant would have no vehicle with which to challenge the execution against marital or separa property. Taking this situation to a logical conclusion, should Plaintiff execute on the property Defendant is currently living in and force sale of the property and should the court then, after hearing argument on the interim order decide in favor of Defendant ai reverse or drastically reduce the support obligation, the property will be gone and Defendant will be irreparably harmed. If Defendant had the ability to appeal the interim order and challenge the judgment and execution as a final order, he would also have the ability to petition the court for a stay pending appeal or post a bond pending appeal. Defendant is submitting with this memo a petition to this court requesting a stay of the judgment and execution and /or any vehicl of enforcement other than a contempt petition by Plaintiff pending the outcome of the hearing on Exceptions. No other enforcement remedy permits Defendant an opportuni to provide a defense to the action. 3. The Exceptions filed in this case do not raise insignificant issues that would have little no effect on the amount of the award. The difference in income alleged is considerable differing by approximately $80,000. The calculation upon which the award was ordered assumes cash flow that does not exist and renders Defendant unable, not unwilling, to pay. To take Defendant's property and possibly marital property with no ability to defer against the action, is confiscatory and as such prohibited by the support laws. "We are guided by the principle that a support award "must be fair, non-confiscatory and attenda to the circumstances of the parties." Calabrese v. Calabrese, 682 A.2d 393, 396 (Pa. Super.1996) 4. If this Court remains convinced that "Order of Support" includes interim orders, the statutory language concerning vehicles available for enforcement is mandatory prily ft wage withholding. Rule 1910.20 (a). With regard to all other remedies the language is specifically discretionary. "Upon the obligor's failure to comply with a support order, the order may also be enforced by any one or all of the following remedies." (Empha added) While Defendant maintains that the interim order is not a support order under statute, the enforcement tools under an interim order should be on the least extreme e of the available enforcement spectrum. Otherwise, an overly zealous Plaintiff could render a Defendant penniless and his credit in irreparable shambles. Defendant does not, for purposes of this Motion to Vacate Judgment only, challenge obligation to pay some level of support. He simply seeks the right to be heard under appropriately filed exceptions before property can be executed upon and lost on an interim he believes will be found to be unlawful. Susan K. Pickford, Esq. 3400 Trindle Road Camp Hill, PA 17011 ID# 43093 (717) 695-3294 Respectfully submitted, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document was served the persons and at the locations and in the manner indicated below. Hubert X. Gilroy, Esq 10 East High Street Carlisle, PA 17013 (fax) Pickford L/ w Office i usan K. Pickfor , Esq. ID# 43093 3400 Trindle Rd. Camp Hill, PA 17011 717-695-3294 ROXANNE C: HOSFELT, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ROGER L. HOSFELT, DEFENDANT : 12-4156 CIVIL TERM ORDER OF COURT AND NOW, this day of July, 2012, after consideration of 11P?*, Plaintiffs motion for reconsideration of this court's order of July 10, 2012, and Defendant's response thereto, and following a conference with counsel on July 16, 2012, at which the court heard argument, and after which both parties submitted memoranda regarding the court's authority, we find as follows: 1. The interim order of court entered on June 15, 2012 by the Honorable Edward E. Guido constitutes an "order of support" as the same is defined in 23 Pa.C.S. § 4302. 2. The Defendant did not comply with the June 15, 2012 order in that he failed to make the first payment that was due on July 1, 2012. 3. Because of Defendant's failure to make a timely payment on the current obligation, Plaintiff filed a praecipe to enter judgment on July 3, 2012, pursuant to Pa.R.C.P. 1910.20. 4. Defendant filed a motion to vacate said judgment on July 6, 2012, arguing, in essence, that the judgment was premature because the deadline for filing exceptions had not.expired. IN THE COURT OF C'n? - 12-4156 CIVIL TERM 5. The court being unaware of Defendant's failure to make a timely payment of the support due in July 2012, and the implications arising therefore, granted Defendant's motion to vacate on July 10, 2012. 6. Plaintiff's timely motion for reconsideration argues persuasively regarding th the steps taken by Plaintiff to enforce the support order. 7. This court acted improvidently and precipitately in granting Defendant's e i motion to vacate. va We conclude, as not only set forth in the support rules but also in the order of 3 F support dated June 15, 2012, that Defendant's failure to make the July payment on time De and in full caused all of the arrears to become subject to immediate collection and/or to enforcement by all the means listed in the order. Therefore, our order of court dated ase July 10, 2012 vacating the judgment in this matter is RESCINDED and the judgment is tlor REINSTATED. 11ant I By the Court, I ant s Once, Albert H. Masland, J. !kept Hubert X. Gilroy, Esquire For Plaintiff c ? --+ ? Susan Pickford, Esquire For Defendant c :saa -2- ROXANNE C. HOSFELT, PLAINTIFF V. ROGER L. HOSFELT, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 12-4156 CIVIL TERM ORDER OF COURT AND NOW, this day of July, 2012, a hearing on the within claim for exemption shall commence at 8:45 a.m., Monday, July 23, 2012 in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, L Hubert X. Gilroy, Esquire For Plaintiff Albert H. Masland, J. i/Susan Pickford, Esquire , . For Defendant c L/ M&T Bank =r n 960 Walnut Bottom Road , Carlisle, PA 17013 r - v ?Sheriff ` :saa ?L ROXANNE C. HOSFELT, PLAINTIFF IN THE COURT OF COMMON PLEAS OFI CUMBERLAND COUNTY, PENNSYLVANIA V. ROGER L. HOSFELT, DEFENDANT 12-4156 CIVIL TERM ORDER OF COURT day of July, 2012, the parties havin AND NOW, this ,? Y Y, g on a claim for exemption filed by Defendant and having reached an agreement, we enter the following order: 1. M&T Bank is directed to make a payment to Plaintiff's counsel, Martson Office, Attention: Hubert X. Gilroy, Esquire, in the amount of $7,520 from Account No. 8892422372. 2. The aforesaid payment fulfills Defendant's obligation for spousal support July and August, 2012, and his obligation will be considered current September 1, 2012. 3. The judgment filed by Plaintiff against Defendant shall not be subject to further execution. Therefore, additional funds in the M&T Account may released to the Defendant. 4. Plaintiffs counsel shall contact Susquehanna Bank to inform them that execution on their accounts is hereby released. 12-4156 CIVIL TERM 5. Plaintiffs counsel shall contact Domestic Relations Office to inform them that Defendant's support obligation should be credited in the amount of $7,520. Hubert X. Gilroy, Esquire 7r For Plaintiff V' Susan Pickford, Esquire For Defendant M&T Bank 960 Walnut Bottom Road Carlisle, PA 17013 ?/ Sheriff :saa C??s jK,,Rlcd -2 -i 7U C.: ?}} 1 rM•^ By the Court, FARLEMlients\14515 Hosfelt\14515.1\14515, l.int.attach.m&t.wpd Hubert X. Gilroy, Esquire I.D. 29943 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ?I;~ED-GrEf?: . i if: PRO THONO TAR,, 2012 JUL 23 PM 4: 25 fUMB£RLAND COUNTY PENNSYLVANIA ROXANNE C. HOSFELT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012-4156 CIVIL ACTION - LAW ROGER L. HOSFELT, ; Defendant Se S INTERROIGATORIES IN ATTACHMENT TO: M&T BANK, GARNISHEE You must file with the Court answers to the following interrogatories within twenty (20; days after service upon you. Failure to do so may result in a default judgment being entered against you. A copy of said answers must be served on the undersigned. If your answer to any of the subject property. 1. State the correct name and address of your organization, business or enterprise. ANSWER: M&TBANK LEGAL DOCUMENT PROCESSING P.O. BOX 844 BUFFALO, NY 14240 114 2. State the name or names of each person who provided aid or assistance to you answering these interrogatories. ANSWER: Melissa M. Peters M&T Bank 3. At the time you were served or at any subsequent time, was there in your possession, custody or control or in the joint possession, custody or control of yourself or one more other persons any property or any nature owned solely or in part by the Defendant? ANSWER: Lto 4. At the time you were served or at any subsequent time, did you have or share safe-deposit boxes, pledges, documents of title, securities, notes, coupons, receivable, or collateral in which there was an interest claimed by Defendant? Oc) ANSWER: 5. Identify every account (not previously noted), titled in the name of Defendant in which you believe Defendant has an interest in whole or part, whether or not styled as a payroll account, individual retirement account, tax account, lottery account, partnership ac joint or tenants by entirety account, insurance account, trust or escrow account, attorney's account or othe ise. ANSWER: '1?C_' C1 ?J' fo?`?°f ?01'. e O ?S90, psa Ss?? :97;/ 9,' 190S 6. Please specify the amount, value and/or nature and location of the subject property identified in interrogatory number 5 above. ANSWER: C- ?_ 1J?> U r3A -cwt Date: July 5, 2012 t i MARTSON LAW OFFICES By: Hubert X. Gilroy, Esquire I.D. 29943 R. Christopher VanLandingham, Esquire I.D. 307424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JUL $ 0 2012 Melissa M. Peters M&T Bank Hubert X. Gilroy, Esquire I.D. No. 29943 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff v. - ROGER L. HOSFELT, Defendant : IN SUPPORT PRIOR JUDGE: The Honorable Edward E. Guido MOTION TO RESCHEDULE ARGUMENT DATE Plaintiff, Roaxanne C. Hosfelt, by her attorneys, Martson Law Offices, sets for the following: C .-- '={ t ~~ `~' cn --~t ~ rra_.. ro ~~ . ~r ~ ~ o ~~ "~ c~ "~ ca -e~ x~ ~ ~~ ~ --+ ~ ROXANNE C. HOSFELT, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA • NO 2012 4156 CIVIL (1) Defendant has filed an Appeal in the above matter to the recommendations of the Support Master. (2) The Court has scheduled Argument on this Appeal for Monday, October 22, 2012, at 1:00 p.m. (3) The undersigned Counsel is out of the Country from October 17, 2012 through October 28, 2012 and requests that the Argument in the above matter be set at some point on or after October 29, 2012. (4) Counsel for the Defendant, Susan K. Pickford, Esquire, does not object to this request. Wherefore, Plaintiff requests the relief as set forth above. Date: September , 2012 MARTSON LAW, By: _ ubert X~iilroy, Esquire I.D. No. 29943 10 East High Street Carlisle, PA l 7013 (717) 243-3341 Attorneys for Plaintiff RO?~.ANNE HOSFELT :IlN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA V Domestic Relations Section -n ~ ,, - _ ROGER HOSFELT PACSES NO. 072112931 ~~ ~ nor" ~~ '~ ~ No. 2012-4156 SUPPORT ~;..~ ! o~ No. 2011-8235Ih1 DIVORCE ~-- ~" ~~' ~ °~ ~C:~ ~C5 N ~~ ; PRAECIPE TO ENTER APPEARANCE ~ ~`' ~ ~~~ La~~ TO: CLERK OF COURT Please enter my appearance in this above captioned actions as counsel for ROGER ~ HOSFELT. / ~ ~ ' , ;',-- ~ ...~._ ~~ o. (. J. / - ~ N PE ER, ESQ 2 Bala Plaza #3II0,, Bala Cynwyd, PA 19004 (610) 664-'?440 PRAECIPE TO WITHDRAW' APPEARANCE TO CLERK OF COURT Please withdraw my appearance in this above captioned action as counsel for the ROGER HOSFELT . Mr, HosEelt had retained alternate counsel. ,~ ~~ SAN K:. PICKF , 3400 Trindle Road Camp Hill, PA 17011 ID # 43093 (717)695-3294 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Anderson ,tiff Jody S Smith Chief Deputy � v �''_'��t �;� 26 Of 9-- 1 , Richard W Stewart _ Solicitor tiPf3Eril ir �i ' F t "s y Roxanne Hosfelt Case Number vs. Roger Hosfelt 2012 4156 SHERIFF'S RETURN OF SERVICE 07/06/2012 11:20 AM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 6, 2012 at 1118 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant,to wit: Roger Hosfelt, in the hands, possession, or control of the within named garnishee, M &T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Amy Whiteman, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on July 9, 2012 to Roger L. Hosfelt, 125 Three Turn Road, Shippensburg, PA 17257. 07/06/2012 11:45 AM-William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 6, 2012 at 1118 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant,to wit: Roger Hosfelt, in the hands, possession, or control of the within named garnishee, Susquehanna Bank, 1196 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Darlene Yegher, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 07/18/2012 Claim for exemption filed by attorney Susan Pickford. Taken to Court Administration to schedule a hearing. 07/23/2012 ORDER OF COURT And now, this 23rd day of July, 2012, the parties having appeared on a claim for exemption filed by Defendant and having reached an agreement,we enter the following order: 1. M &T Bank is directed to make a payment to Plaintiff's counsel, Martson Law Office,Attention: Hubert X. Gilroy, Esquire, in the amount of$ 7,520 from Account No. 8892422372. 2. The aforesaid payment fulfills Defendant's obligation for spousal support for July and August, 2012, and his obligation will be considered current through September 1, 2012. 3. The judgment filed by Plaintiff against Defendant shall not be subject to further execution. Therefore, additional funds in the M&T Account may be released to the Defendant. 4. Plaintiff's counsel shall contact Susquehanna Bank to inform them that the execution on their accounts is hereby released. 5 Plaintiff's counsel shall contact Domestic Relations Office to inform them that Defendant's support obligation should be credited in the amount of$7,520. By the Court, Albert H. Masland, Judge 03/25/2013 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ of execution is returned STAYED. Plaintiff's attorney collected $ 7,520.00 by Court Order. r- { SHERIFF'S OFFICE OF CUMBERLAND COUNTY y R Anderson :riff Jody S Smith Chief Deputy Richard W Stewart Solicitor -=" Roxanne Hosfelt Case Number vs. Roger Hosfelt 2012-4156 SHERIFF'S RETURN OF SERVICE SHERIFF COST $287 57 SO ANSWERS, March 25, 2013 RbNW R ANDERSON, SHERIFF ( f.. F:\FILES\Clients\14515 Hosfelt\14515.1\14515.1.prae.3 wpd i' l i t F"IR j T { � Created: 6/1/06 8 50A ,t t Revised: 11/26113 1:43PM NOV 26 PM 3: Hubert X. Gilroy, Esquire I.D. 29943 CUMBERLAND 00UJ jp,, MARTSON LAW OFFICES PENNSYLVANIA 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ROXANNE C. HOSFELT, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012-41 56 CIVIL ACTION-LAW ROGER L. HOSFELT, Defendant PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY : Please mark the above-captioned matter as satisfied, settled and discontinued. MARTSON LAW OFFICES 4 By Hue X. Gilroy, E uire 10 East High Stre Carlisle, PA 17013 (717)243-3341 Date: November 26, 2013 Attorneys for Plaintiff