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HomeMy WebLinkAbout05-2513 . F. IUser Folder\Finn Docs\Gendocs2005\31125-1 divorce, complaint wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN SUSAN JADE JANESKO, Plaintiff v. CNIL ACTION - LAW '---r- NO. 2005- .;IS L3 Cl '-', L I tfl-~ MICHAEL J. JANESKO, Defendant IN DNORCE 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN SUSAN JADE JANESKO, Plaintiff v. CIVIL ACTION - LAW C 'L'-n NO. 2005- We U-""\, MICHAEL J. JANESKO, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this l3~ day of May, 2005 comes Plaintiff, Ellen Susan Jade Janesko, by and through her attorneys, Knight & Associates, P.C., and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiffis Ellen Susan Jade Janesko, who resides at 3966 Enola Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Michael J. Janesko, who resides at 1213 Centerville Road, Newville, Cumberland County, Pennsylvania 17241. 3. The Plaintiff and Defendant are sui juris, and Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania and has so been for a period of more than six (6) months immediately preceding the filing ofthis Complaint in Divorce. 4. The parties were married on December 14, 1992, in Winchester, Virginia. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Section 3301(c) or 3301(d) ofthe Divorce Code of 1980, as amended. . 6. The Plaintiff has been advised of the availability of counseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling, and Plaintiff waives same. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, KNIGHT & ASSOCIATES, P.C. ~ an M. Shultz, Esqui e Attorney 10 No. 9094 11 Roadway Drive, Suite Carlisle, Pennsylvania 17013 (717) 249-5373 '- Attorneys for Plaintiff . VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language ofthe document is that of counsel and not my own. I have read the Complaint in Divorce and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. C~~(G~~ Ellen Susan Jade Janesko JJ r::-, 'fA. r;:. ----- f ~ -G C> ....... ....... n r-' Ie ~ (J r- ~ , ,-:;:-) C) <'.::1 ~Tl ....c:: ~...I l ()' .-.~ -- --u . ,,' ~-1~~ \) . '1- 0-- lL. ..,~, :' ;'" Crl jC/ ":(',:; 1 --r) (..,) ,..~1 p-,) 1.::J . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA ELLEN SUSAN JADE JANESKO, Plaintiff v. CNIL ACTION - LAW NO. 2005-2513 MICHAEL J. JANESKO, Defendant IN DNORCE CERTIFICATE OF SERVICE AND NOW, this ~ef day of June, 2005, I, Sean M. Shultz, Esquire, hereby certify that the following person was served with a True and Correct copy ofthe Complaint in Divorce filed in the above-referenced matter. The Complaint in Divorce was mailed on May 18, 2005, but actual service took place on May 24,2005, by Defendant signing for a copy of the Complaint in Divorce which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Michael J. Janesko 1213 Centerville Road Newville, Pennsylvania 17241 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, ean M. Shu z, EsqUIre Attorney ill No. 90946 II Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 F:\User Folder\Finn DocslGendocs2005\3R25_lcer,service_wpd Attorneys for Plaintiff · Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front jf space .ts. l.~Cj~dh~~t/ J. "J";fl~r!1J8 )213 Ceftl-erVi lk RoC NevvVi/(o(' Pit I /1241 2. 7003 3110 0004 5768 9059 '- PS Form 3811. Februa/)' 2004 ee Dntv 3. 5Eerv e Type CertIfied Mall 0 Express Mall Registered 0 Return ReceIpt for Merchandlse o InSUred MaIl 0 C.O.D. 4. ,Restricted Delivery? (Extra Fee) Yes ;\ !i iiii i " Domestic Return ReceIpt , 102595-02.~~~ <2 ~ -00: ~\l~ ;f;.\, u~l''';- 2'" , ' '"<:". %0 ._0 '7c ~ &L. .;;g, ~ 'e ;;t: \ Cf' ~ ::;t 'i! <i> J::" Q. ;f.:!J 1>~ 9 ~~ ~Rt g 'JO "'" ELLEN SUSAN JADE JANESKO, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. MICHAEL J. JANESKO, Defendant : CIVIL DIVISION LAW : DIVORCE COMPLAINT : NO.2005-25113 ANSWER TO COMPLAINT IN DIVORCE AND NOW, this rr day of June, 2005 comes the Defendant, Michael J. Janesko, by and through his attorney, John J. Mangan, Esq., and files the following Answer to Complaint in Divorce, and in support thereof, avers as follows: I. Denied in part and admitted in part. It is denied that the Plaintiff's legal name is "Ellen Susan Jade Janesko". There has been no evidence presented that Plaintiff's name has ever been legally changed from "Ellen Susan Janesko". It is admitted that Plaintiff resides at 3966 Enola Road, Newville, Cumberland County, P A 17241. 2. Admitted in part and denied in the remainder. It is admitted that the Defendant is Michael J. Janesko; however, it is denied that Defendant resides at 1213 Centerville Road, Newville, Cumberland County, PA 17241. The Defendant's official residence is 3966 Enola Road, Newville, Cumberland County, PA 17241. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. After reasonable investigation, defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in the corresponding paragraph. WHEREFORE, Defendant requests this Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, Jlo Mangan A orney ID No. 87000 35 East High Street, Ste 204 Carlisle, P A 17013 717-241-2446 Attorney for Defendant VERIFICATION I, Michael J. Janesko, verifY that the statements made in this Answer to Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. Date: {,,/7-4/o5 ~Ltq;. !L4-<?I-4-- MiChlicl J. Jane 0 r7 C) c- r--.,') c:::, C".) ~-, c') " c_ (,:--- r-- f,:' r::) c:. ELLEN SUSAN JADE JANESKO, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v. MICHAEL J. JANESKO, Defendant CIVIL DIVISION LAW DIVORCE COMPLAINT : NO. 2005-2513 PETITION FOR SPECIAL RELIEF AND NOW, this 4 day of November, 2005 comes the Defendant, Michael J. Janesko, (hereinafter "Defendant") by and through his attorney, John 1. Mangan, Esq., and files the following Petition for Special Relief, and in support thereof, avers as follows: I. A complaint in divorce was filed on May 16, 2005. 2. Ellen Susan Jade Janesko, hereinafter "Plaintiff', currently resides at 3966 Enola Road, Newville, Cumberland County, PA 17241 (hereinafter "marital residence"). 3. Said marital property is deeded solely to Defendant 4. Defendant currently resides in the basement of his sister's residence at 807 Luther Street, Harrisburg 17112. 5. Defendant separated from Plaintiff and left the marital residence on or about April 28th, 2005 due to on-going marital strife. 6. Plaintiff filed a Protection From Abuse Petition on or about July 29,2005. 7. A hearing on the PF A was conducted on August 8, 2005 and continued until Wednesday December 7, 2005 commencing at I :30 pm and Thursday December 8, 2005 commencing at 9:30 am in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. DEFENDANT'S PERSONAL BELONGINGS 8. Defendant incorporates by reference paragraphs 1 through 7 as if fully set forth at length. 9. Due to Defendant's desire to avoid acrimony and/or an explosive situation, Defendant left all of his personal belongings at the marital residence and temporarily resided with his stepdaughter and/or his son. 10. Though counsel, a date was established whereby Defendant was to arrive at the marital residence with third parties to retrieve Defendant's personal belongings. Said date was May 18,2005. 11. When Defendant and the third parties arrived at marital residence, Plaintiff had placed unknown items in a multitude of boxes in the front lawn and driveway. 12. Plaintiff refused to allow Defendant into the marital residence to retrieve his belongings. 13. A confrontation ensued and the State Police were called to assist. 14. The State Police directed that Plaintiff take the boxes back into the marital residence and Defendant and the third parties left. 15. A meeting with Plaintiff and Defendant with their respective counsel occurred at Plaintiff's counsel's law office. 16. During said meeting, Plaintiff stated that Defendant's belongings were boxed up and placed inside the marital garage. 17. Defendant stated that he needed assistance in retrieving his belongings and requested that third parties also monitor the event. 18. Plaintiff refused to agree to any of the proposed third parties but indicated that she would notify her counsel with an agreeable third party. (Plaintiff had also indicated that undersigned counsel would be allowed to attend/assist in the removal, but undersigned decided that it would not be wise to participate.) 19. Defendant went to the marital residence with a third party on July 23, 2005 when he was certain that Plaintiff was not at the residence. 20. Defendant went into the marital garage and none of his personal belongings were present. 21. Over the past few months, undersigned has made numerous requests to Plaintiff's counsel to establish a time and date for Defendant to return to the marital residence with law enforcement present to retrieve his belongings. 22. Upon information and belief, Plaintiff has erroneously indicated that Defendant has already retrieved his personal belongings and there is nothing for him to retrieve. 23. Plaintiff has refused to allow Defendant to retrieve his personal belongings, even with law enforcement present. 24. To date, Defendant still does not have any of his personal belongings. WHEREFORE, Defendant respectfully demands that this Honorable Court order Plaintiff, Ellen Susan "Jade" Janesko, to vacate the marital residence and that Defendant, Michael 1. Janesko, be directed to reside at said residence. MARITAL WASTE 25. Defendant incorporates by reference paragraphs I through 24 as if fully set forth at length. 26. Upon information and belief, Plaintiff has/is engaging in marital waste passively and actively. 27. Plaintiff has neglected to pay the mortgage on the marital residence and has allowed said mortgage payments to lapse for four months. 28. The mortgage company notified Defendant that foreclosure on the marital residence was imminent. See Exhibit "A". 29. Defendant has made numerous payments to avoid foreclosure of the marital property. 30. Counsel for Defendant has sent correspondence to Plaintiff's counsel directing that no marital property is to be disposed of during the pendency of the divorce. See correspondence dated June 3, 2005 as Exhibit "B". 31. Upon information and belief, Plaintiff has actively engaged in disposing of marital property without Defendant's consent. 32. Upon information and belief, Plaintiff has disposed of certain exercise equipment that was marital property. 33. Plaintiff has further threatened to dispose of marital pets and livestock. 34. Despite the demand to not dispose of any marital property, Plaintiff has disposed of a Jeep Liberty that was purchased outright with marital funds in 2003. 35. Plaintiff has made numerous reports to the State Police that the marital residence has been broken into and that marital and/or Defendant's property is mlssmg. 36. Plaintiff has made numerous reports to the State Police that she has received threatening phone calls. 37. Upon information and belief, the State Police have fully investigated Plaintiff's claims and have concluded that Defendant was in no way involved with either the alleged break-ins or the telephone calls. 38. Defendant avers that Plaintiff's presence on the marital residence poses a risk of waste to the marital property and Defendant requests that he reside at the marital residence. 39. Upon information and belief, a neighboring fanner grows crops on marital land and said fanner has paid Plaintiff. Defendant has not received any monies from the sale of said crops. 40. At this point in time, Defendant is unaware as what other marital assets Plaintiff has disposed of, all of which constitutes marital waste. WHEREFORE, Defendant respectfully demands that this Honorable Court order Plaintiff, Ellen Susan "Jade" Janesko, to vacate the marital residence and that Defendant, Michael J. Janesko, be directed to reside at said residence. \!/l)(OS Respectfully submitted, 11 :!:I- J J. Mangan Attorney ID No. 87000 35 East High Street, Ste 204 Carlisle, PA 17013 717-241-2446 Attorney for Defendant Verification I, John Mangan, hereby verify that the facts contained within this Motion are true and correct to the best of my knowledge, information and belief and are made pursuant to 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I, John J. Mangan, do hereby certify that on this 23rd day of November, 2005 I caused a true and correct copy of the Motion for Special Relief on behalf of the Defendant, Michael Janesko to be served upon the following persons by U.S. mail: Jessica Holtz, Esquire Mid-Penn Legal Services 40 I East Louther Street, Ste 102 Carlisle, P A 17013 Sean Shultz, Esquire Knight and Associates, P.C. 11 Roadway Drive, Ste B Carlisle, P A 17013 i-'/~, A EMC Mortgage Corporation November 02, 2005 11~~~,1~~"~~1 ~ichaeIJ. Janesko 3966 Enola Rd Newville, PA 17241 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. I~PORTANT INFOR~ATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can helD vou. vou must MEET WITH A CONSU~ER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with YOU when YOU meet with the counseliml 32enCY. The name address and chene number of Consumer Credit Counseline: Al!cncies servine: your county are listed at the end of this Notice. lfvou have any auestions. YOU may call the Pennsvlvania "cusinl! Finance Aecncy toll free at 1-800-342-2397 (oersons with imoaired hearinl! can call 717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. La NOlificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en Sll cusa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente lIamando eSla agencia (Pennsylvania Housing Finance Agency) sin cargos al numem mencionado arriba. Puedes ser elegible para un prestamo por el programa lIamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HO~EOWNER'S NA~E(S) : PROPERTY ADDRESS: ~ichaeIJ.Janesko 3966 Enola Rd Newville, PA 1724] 0005627278 E~C ~ortgage Corporation LOAN ACCOUNT CURRENT SERVICER You mav be eli2.ible for financial assistance which can save vour home from foreclosure and helD YOU make future mOrll:!alle oavrnents if you comply with the provision of the Homeowners' Emergency ~ortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: If your default has been caused by circumstances beyond your control, you have a reasonable prospect of being able to pay your mortgage payments and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Page two 00056272n TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meetine: must oCCur within the next thirtY (0) davs. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of desillnated consumer counseline: ae:encies for the county in which vour propertY is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). Ifyoll have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-filce meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTlON- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it uo to date). NATURE OF THE DEFAULT - Thc MORTGAGE debt held by the above lender on your property located at Enola Rd Ncwvil!e, PA 1724! IS SERIOUSLY IN DEF.A.ULT because: 3966 YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 09/0112005: (b) Late charge(s): (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of J 1/01/2005: $5,206.95 $7233 $2,667.50 $.00 $7,946.78 YOU HA VE fAILED TO TAKE THE fOLLOWING ACTION (ifapplicabJe): HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS 57,946.78, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to EMC Mortgage Corporation at PO BOX 660530, DALLAS, TX 75266-0530. Ex. (3 Law Office of John J. Mangan John J. Mangan, Esquire 35 East High Street, Suite 204 Carlisle, P A 17013 717-241-2446 Facsimile 717-24]-2456 jmangan@earthlink.net Via Facsimile June 3, 2005 Sean M. Shultz, Esq. Knight & Associates, P.C. Fax # 1-717-249-0457 RE: Janesko v. Janesko Dear Sean: My client, Michael Janesko has requested that a few matters be brought to your attention in regard to your client, Ellen "Jade" Janesko. 1. Contrary to what you thought was our understanding with the Jeep, kindly advise your client that no property, whether real or personal, shall be sold, given away or traded until a judicial determination has been made to the property allocation. I understand that Jade informed you that she was interested in getting a less expensive car which is why she allegedly traded in the Jeep. However, the Jeep was completely paid for, so her claim that she needed a less expensive car is curious. Furthermore, an inquiry with her insurance company revealed that she just took out an insurance policy for the Jeep on May 26,2005. So, whether or not she still has the Jeep is unclear. 2. Jade had requested that when Mike came to pick up certain belongings, Bill Kiner not be present. You informed me that Jade told you Bill was present and that was a problem. I can assure you that Bill Kiner was not in fact present and there were numerous witnesses, including the state police, to attest to the fact. 3. You had informed me that Jade assured you via email that the mortgage on the fann "would be paid in full" by overnight mail on Monday May 30, 2005 to the mortgage company by Tuesday May 31 st., as the mortgage company was to begin foreclosure proceedings on that date. An inquiry to the mortgage company revealed that to date, your client has not had any contact with, much less any payments to, the mortgage company in regard to the impending foreclosure. To protect my client's financial interest in the fann, my client has forwarded a payment to the mortgage company. To be clear, my client has not abandoned any of his property, most notably the fann. He is temporarily staying with your client's daughter and/or his son's house in order to avoid any acrimony with your client. If my client is paying the mortgage on the property, then he would like to return to the fann. A less desirable option would be for your client to pay rent in the form of half of the mortgage. 4. The electric bill that is in both our client's names is two months overdue. Kindly ask your client what her intent with this is because my client's credit rating has been rapidly deteriorating to the point where he can not even get a cell phone in his name. 5. Mike Janesko would like his mail that has come to his residence. A check with the post office revealed that no mail has been returned to them and his address is still at the fann. This is contrary to what your client has stated. (She allegedly informed my client that she had changed his mailing address). Arrangements have been made whereby the post office is now holding any mail that comes in for him to pick it up directly. However, mail that has previously arrived is apparently in your client's possession. Additionally, any mail that had come to the fann in his name should not be opened. Mike received his medication from Jade in a clearly marked package addressed to my client that was opened presumably by your client. 6. My client and myself would like to arrange a day and time to meet with you and your client to discuss these matters. Thank you for your time and anticipated cooperation with this matter. Should you have any questions or concerns, please do not hesitate to contact my office. Very truly yours, John 1. Mangan r-~)~ ,--, "-i\ , p..~" .~ w .',,' r;" (~." " 12/07/2885 14:58 7172498457 KNIGHT & ASSOCIATES 717-2"11-2"155 PAGE 02/02 p.2 D@o 06 05 02:0Sp John J. ManCan EllEN SUSAN JADE JANESKO, Plaintiff : IN lllE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY. : PENNSYLVANIA v. MICHAEL J. JANESKO. Defendant : CIVIL DMSION LAW : DNORCE : NO. 2005-2513 STIPtJLA110N 01' PARTIES AND NOW, this 6th day of December 2005, it is hereby stipulated that Plaintifl; ElIm Susan "Jade" Janesko. is to _1bc !1lIrila! residence on or by December 31. 2005 and that Defendant, Michael J. Janesko. be di:rected to .....ide !l1 said residence after said dale. FurtbenDore, it is hereby stipulllled thai Plaintiff and I>efeadaut are to remove/dispose of only their respective personal property pending resolution of this divorce action and that marital property shall not he raoovedIdisposed ofby citber )l8Ity unless mutually agreed upon in writing Or onlered by Court. Date: Ic:...( ~ r{/~ {(A J J. Mangan, ;Z C"""",I lOr Defendant Date: ,-z..!7!D(" c;-.P!~ Sean Shultz, Esq. Counsel ftw plaintilf C..~I (n ELLEN SUSAN JADE JANESKO, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. MICHAEL J. JANESKO, Defendant : CIVIL DIVISION LAW : DIVORCE : NO. 2005-2513 ORDER OF COURT AND NOW, this ~ day of 1> ~ c- . , 2005, it is hereby ORDERED and DIRECTED that Plaintiff, Ellen Susan "Jade" Janesko, is to vacate the marital residence on or by December 31,2005 and that Defendant, Michael J. Janesko, be directed to reside at said residence after said date. Furthermore, it is hereby ORDERED and DIRECTED that Plaintiff and Defendant are to remove/dispose of only their respective personal property pending resolution of this divorce action and that marital property shall not be removed/disposed of by either party unless mutually agreed upon in writing or ordered by Court. 1. 91G/1~//}fdA-j l17, ~O- )dAL ~?7 - :5IU(41 0g_ f)-4/Qf ~ ,~~ :M5;' ., (, " I' ,,' 'I'. I 1~~!7/2e65 14:58 7172490457 KNIGHT & ASSOCIAI~~ 717-2~1-2~56 ~Aut. t:lLI t:lL p.2 , D@o 06 05 02:0Sp John J. Mangan EllEN SUSAN JADE JANESKO. Plaintiff : IN TIIE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. MICHAEL J_ JANESKO, Defendant : CIVll. DMSlON LAW : DNORCE ; NO. 2005-2513 STIPULATION or PARTIES AND NOW, this 6th day ofD~ber 2OOS, it is hereby stipulated that Plaintiff, Ellen Susan "Jade" Janesko, is to vacate the marita1 residoncc on Dr by December 31, 200S and that DefendaXlt, Michael J. Janesko, be directed to reside at said residence after said dalic. Furtbem:1ore, it is hrJ:cby stipul_ that plaintilf and Defendant.... to remove/dispose of only their respective personal property pending resolution of this divorce action llIllI that marital property shall DOt be JCJDOVed/cIisposcd. ofhy c:itbet party unless mutually allfO"d upon in writing Or ordered by Court. Dale: 1::....( ~ r(/-j" {(A J J. Mongan. ';Z Counsel fur Defendant Date: ,.z..!71 f) (' <;--P1~ Sean Shultz, Esq. Counsel for plaintilf ("-_:l r;::.-, L.."I C' --, :r:: In c.::, r:-'; c:; ELLEN SUSAN JADE JANESKO, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MICHAEL J. JANESKO, Defendant CIVIL DIVISION LAW DIVORCE COMPLAINT : NO. 2005-2513 MOTION FOR ENFORCEMENT OF COURT ORDER DATED DECEMBER 8, 2005 AND NOW, this 26th day of January, 2006 comes the Defendant, Michael J. Janesko, (hereinafter "Defendant") by and through his attorney, John J. Mangan, Esq., and files the following Motion for and Enforcement of Order of Court dated December 8, 2005, and in support thereof, avers as follows: I. A complaint in divorce was filed on May 16,2005 and is pending before this Honorable Court. 2. Defendant currently resides at 3966 Enola Road, Newville, Cumberland County, P A 17241 (hereinafter "marital residence"). 3. Ellen Susan "Jade" Janesko's, (hereinafter "Plaintiff") residence is unknown at this time. 4. A Stipulation of Parties was executed by counsel for the Plaintiff and Defendant. A true and correct copy of said Stipulation is attached hereto as Exhibit A. 5. This Honorable Court issued an Order dated December 8, 2005 regarding the marital residence and marital property. A true and correct copy of said Order is attached hereto as Exhibit B. 6. Pursuant to said Order, Judge Oler ordered and directed that Plaintiff and Defendant are to remove/dispose of only their respective personal property pending resolution of this divorce action and that marital property shall not be removed/disposed of by either party unless mutually agreed upon in writing or ordered by Court. 7. Despite the aforementioned Order of Court, on or about December 15, 2005, counsel for Plaintiff indicated that Plaintiff had vacated the marital residence and Plaintiff provided a list of items she was taking with her, both personal and marital property, and a second list of property that she was leaving at the marital residence. A true and correct copy of correspondence and Plaintiff's list of items taken/left is attached hereto as Exhibit C. 8. Plaintiff removed marital property and Defendant's property without the property being removed mutually agreed upon in writing or ordered by Court. 9. After Defendant resumed residence at the marital residence, Defendant has become aware that certain marital property that was listed on Plaintiff's list as being left were in fact missing along with marital property that was not listed at all was missing. Furthermore, certain items of Defendant's personal property are missing from the marital property. A true and correct copy of a list of property that is presently known to be missing is attached hereto as Exhibit D. WHEREFORE, Defendant respectfully requests a hearing and demands that all marital property taken by Plaintiff and Defendant's personal property taken by Plaintiff be returned immediately to the marital residence. l/z60& 12/67/2665 14: 58 7172496457 KNIGHf ~ A~~UCIAI~~ 717-Z~1-Z~56 f~AUl:. t:J.t.fV.t. p." Dee 05 05 D2:D9p John J. Man;an EllEN SUSAN JADE JANESKO, PJaiDliff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. MICHAEL J. JANESKO, Defendant : CIVIL DIVISION LAW : DIVORCE : NO. 2005-2513 STIPULATION OF PARTIES ,~ t...,,", c:::;, <-.--,., ~.,~ AND NOW, this 6th day of De<:ember 2005, it is hereby stipulated that Plaintiil; -., T en Ellen Susan "Jade" Janeslw, is to vacalethe marital rcsidenceon or by December 31. -_.: 2005 and that Defendant, Michael J. Janesko, be directed to reside at said residence after said date. Furthemlore, it is hereby stipulllled that plaintiff and DerendaDt are IX> C,-I ~ :-. remove/dispose of only their respective personal property pending ...,olution of this ~- ~ divorce action and that marital property shall not be removed/disposed ofby either party unless mutually agreed upon in writing Or ordered by Court. Date: {-'>...( ~ rc?~ (( /C-;z - J~ J. Mangan, . COIDIseI fur Defendant Date: /-z..!7/D("" 9-~~ Sean Shultz, Esq. Counsel for Plaintiff fxA ELLEN SUSAN JADE JANESKO, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. MICHAEL 1. JANESKO, Defendant : CIVIL DIVISION LAW : DIVORCE : NO. 2005-2513 ORDER OF COURT AND NOW, this r,/~ day of Vi": c... ,2005, it is hereby ORDERED and DIRECTED that Plaintiff, Ellen Susan "Jade" Janesko, is to vacate the marital residence on or by December 31,2005 and that Defendant, Michael J. Janesko, be directed to reside at said residence after said date. Furthermore, it is hereby ORDERED and DIRECTED that Plaintiff and Defendant are to remove/dispose of only their respective personal property pending resolution of this divorce action and that marital property shall not be removed/disposed of by either party unless mutually agreed upon in writing or ordered by Court. . ~~~~E 00PY FROM Rl~C ,",,,,mony W'lereo! , h" ." ORD 'JUte 01" a. e U",;) "fit my harnJ II" saKI COUr( at Carlisle Pa. 'aa :L;;; 's:::- ( Prot c0t Ex r<J ./ 12/15/2665 15:38 7172490457 KNIGHT & ASSOCIATES PAGE 61/67 KNIGHT & AssoClATES P.C. Attorneys at Law December 15, 2005 VIA FACSIMILE ONLY 241-2446 John J. Mangan, Esquire 35 East High Street, Suite 204 Carlisle, Pennsylvania 17013 RE: Ellen Susan Jade Janesko v. Michael J. Janesko On Divorce) Our File No. 3825.1 Dear Attorney Mang:U1: My client bas removed herself from tbe marital residence as of today. Attached are 2 lists provided to me by my client. The first list are items she needed to take with her from the marital residence. On the second list are items that sbe did not take with her that she considers the larger marital items. She infOlmed me that sbe did not disconnect the electric service but that the phone service will be disconnected as of tomorrow. Should you have IlDY questions or wish to discuss this matter further, please do not hesitate to contact me. Very truly yours, SMSldmh Attachments cc: Jade Janesko 1l'.\U~T r-1l1dr.rlfinn~\Omlltl"200rulUS-'JIll.J.l"pd 11 Roadway Drive $uitc= B C~rlil!lc. PA 17013~8806 . 717.249-5373 717_149-0457 fa., Ex C 12/15/2005 12:23 7172490457 KNIGHT & ASSOCIATES PAGE 01/01 KNIGHf&AssoCIATES P.C. Attorneys at Law December 16, 2005 VIA FACSIMILE ONLY 241-Z446 John J. Mangan, Esquire 35 East High Street, Suite 204 Carlisle, Pennsylvania 17013 RE: Ellen Susan Jade Janesko v. Michael J. Janesko (In Divorce) Our File No. 3825.1 Dear Attorney Mangan: My client mistakenly omitted the snowblower from the list ofiteUls she took with her. I understand that your client may believe that the neighbors took it. Please be assured it is in safe keeping with Ms. Janesko. Should you have any questions or wish to discuss this matter further, please do not hesitate to contact me. Very truly yours, ~~T &ASSO <--. . .--...... " \ SMS/dmh cc: Jade J anesko f:llkQ"r'O~D~\Gtnhr1am\)ll:U-tj.n..,W1Id 11 Rmu:lwl'lY Drivl;: Suice ~ Carlisle. PA 17013~8S06 . 717-249-;373 7i7-l49-0457 fox 12/15/2005 15:38 7172498457 KNIGHT & ASSOCIATES PAGE 82/87 Jltms -k/i,/..- IcQjll/DS' /- Ot1.1.U-;&d. (pdd.-$W'OO Jklj.::l~ Ol- ~ {OM f!XM.I/e. ~(6,'~ lL~ . . 1- Tf~&CjCk.i-A{~~..'vt:1h.u. 4~Y}'F~ /-~^-~ &iwi.d(,td"sao - O~) 1- 5a, "TV (pd"S()(),O{) JtA ~ . / - H fJ ~u:m (ckfUJ o( d) (cWJ!tliuci I'd .f.;?.5!J .06) I-HP ~A tft;..";;q ~tJ-iJ I-I<oruca.. 7ri..t./M)t.h:JJf~J>.. 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CJ.s=OR-.kd 0ur-- Jvt..!. if, (gCt), 00 -+ '..(fuJ:J IL' PDuJI.. 9J0.f0 IJtJ(;}O,OQ+ ;~'?ft..00:w -assf-. ,!t~.oo ,,:bo.-p Gs~ '-fP II L-U .8 CUXJ, 00 + : :,Poo.J\UL~-1~0'2 ..,/)6';#3PD.A.e'...' :1::11<6 tpP-~ P/;D,':". >. f'&SiL~ /_"SDO:61-~'O ,/I5$/--(}L1lD/L./2D~ ~ ,', .... .... :",. : 12/15/2005 15:38 7172490457 KNIGHT & ASSOCIATES PAGE 0&/87 . - .(1rdJ/nud~ ::==--- - Lu~ ~ ..1$81.00 ~ O.:~ . , &J~ ~~ Posk'ji- me<c.i..vu- s Q..](){), 00 t _ 7/UVU:uJao-L B a-s' 00 . / - ~~eJ'L S/...d6 ~. ())l ~ t. St.pt C) t./ ~ 5'1. o~ " J_ -r.>>A.Slu6~w/~ &t/tJo.OZJ . / - !.u tJod-uL. f!v.phoCUti... oJ J..tn5u,'. . :J - fJ&LstU-- U~ wi d.JL.ru.uM.V Q 30 ..pO-tL . / - GillS) tcp (jJiJ~ ~. . i./- (jtAM 3.Dw Ou.w {iJ,JOo ~a,-/:J f.)sso!2-kd.. .s.L-llvi~ <t- ~ (Jru:J:4, .81, O(}tJ . {JO .7!U:1:1J /-IaJ-~ ~- 4tb5:aJ . 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J UpIU..~ 'I~ .. / Wa:bJL SotfIlP-lL . .; 0 ~I'rllJ'1 - t./- Ro-ll(~ u ogu~ c..3 ~ d<. SlJz.p~ . . ~ / ~sI-,~ 4' .... , /qmtd.JL fJorJ -~aL~,,~~ .~'z,' : IJ.-rnd,;IIJOtf CM.ks i',' . ':~f!-' ; / - frWaj. 4.U,t.IJ~ ilifjOurb. . it gf.o() _.JJ.' "'f'} m,'f;'. ; 1- -r;.. d( I, ,/ A er/TU.;l- u-tL.IJs' / -. &.:J:r:x--+-i8'~ & - ~{)CtSl- ca:J.S) . . ."',-'" " . ''','-~-~'' List o( Items removed (rom Marital Residence 1. Sharp laptop computer 2. Craftsman joiner/planer 3. Jig saws (2) Black and Decker and Craftsman 4. Drill press- Cummins 5. Craftsman bandsaw 6. John Deere 1317 riding mower 7. fishing items; rods, binoculars 8. Radial arm saw- Craftsman 9. Guns: Savage 12 gauge double barrel, JR Davis & Son 20 gauge, Remington 870 pump 20 gauge, Sears lever action 22 rifle, Winchester 22 lever action 10. 300 VCR tapes 11. Lacross digital indoor/outdoor thermometer 12. Bissell Pro Heat carpet shampoo machine 13. (2) Hunter Ceiling fans 52" (new) 14. (2) Oak and glass display cases 15. T otaI fitness gym 16. 12 Metal dog crates 17. 3 boxes wood laminate flooring 18. Hunting attire camouflage suits 19. Post hole digger for John Deere tractoer 20. Karcher high pressure washer 21. Sears electric leaf blower 22. MTD snowblower (walk behind) 23. Floor jacks 24. Misc. hand tools 25. Large decorative mirror 26. Cattle (4) Highlander 27. John Deere snowblower for the tractor 28. Jeep Liberty vehicle 29. Title to pickup truck 30. Hand truck (green and silver) from Sam's Club ,----"'- !~ \/ i ~~ D /, Verification I, John Mangan, hereby verify that the facts contained within this Motion are true and correct to the best of my knowledge, information and belief and are made pursuant to 18 Pa.C.S. ~ 4904, relating to unsworn faIsification to authorities. (/~~ ELLEN SUSAN JADE JANESKO, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. MICHAEL J. JANESKO, Defendant : CIVIL DIVISION LAW : DIVORCE COMPLAINT : NO. 2005-2513 CERTIFICATE OF SERVICE I, John J. Mangan, do hereby certify that on this 26th day of January, 2006 I caused a true and correct copy of the Motion for Enforcement of Court Order to be served upon the following persons by U.S. mail: Sean Shultz, Esquire Knight and Associates, P.C. 11 Roadway Drive, Ste B Carlisle, PA 17013 ,_. 'I i-I .~, ("':J 1--.) CJ Il . y ELLEN SUSAN JADE JANESKO, Plaintiff 1 : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. MICHAEL J. JANESKO, Defendant : CIVIL DIVISION LAW : DIVORCE : NO. 2005-2513 ORDER OF COURT AND NOW, this ~ day of r-(' b , 2006, it is herby ORDERED and DECREED that a hearing regarding the Enforcement of Order of Court Dated December 8, 2005 be scheduled for al B AIL day of Jrk,f,(o~ , 2006 in Courtroom number -I-- at //00 @pm. cJ-1'()& C~ ,~"^-- yJ5 ,\ ~':s :2 8 - 8]J ~COZ At1td..CJ,'-~-'",'i 1 ?~.;i I :r\__ ';j ::Hl !3lH ,C ~ ~ ELLEN SUSAN JADE JANESKO,: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW 05-2513 CIVIL TERM MICHAEL J. JANESKO, Defendant IN DIVORCE IN RE: MOTION FOR ENFORCEMENT OF COURT ORDER ORDER OF COURT AND NOW, this 23rd day of March, 2006, upon consideration of Defendants's Motion for Enforcement of Court Order dated December 8, 2005, and following a hearing held on this date, the motion is granted to the extent that within 21 days of today's date Plaintiff lS directed to return to Defendant the following items: 1. The fishing items referred to in item 7 of Defendant's Exhibit 2, the Bissell Pro Heat carpet shampoo machine referred to in Defendant's Exhibit as item 12, and the John Deere snowblower for the tractor referred to in Defendant's Exhibit as item 27; and 2. All of the items referred to on page 3 of Defendant's Exhibit 3, with the exceptions of the kitchen table, small hutch, old wooden book shelf, matching wall prints, Dashund, and small wooden decorative bench. No other relief is granted to either party. Nothing herein is intended to represent an attempt by the Court to distribute marital property in this divorce action. C'? ('.) -., \:'-,J 0::: ..r..~ ..1.;- '1...'::', c..::> ...1 c..;;:;- C) "'" .. ~ean M. Shultz, Esquire 11 Roadway Drive Suite B Carlisle, PA 17013 For Plaintiff ~hn J. Mangan, Esquire 35 E. High Street Suite 204 Carlisle, PA 17013 For Defendant :mae By the Court, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN SUSAN JADE JANESKO, Plaintiff No. 2005-2513 v. CIVIL ACTION MICHAEL J. JANESKO, Defendant PETITION FOR RULE TO SHOW CAUSE NOW comes Sean M. Shultz, Esquire, attorney for Plaintiff, and presents this petition for a rule to show cause, representing as follows: 1. Petitioner is Sean M. Shultz, Esquire, attorney for Plaintiff, with offices at 11 Roadway Drive, Suite B, Carlisle, Cumberland County, Pennsylvania 17015. 2. Respondent is Ellen Susan Jade Janesko, an adult individual with a mailing address of P.O. Box 262, Newville, Pennsylvania 17241. 3. Respondent was mailed a fee agreement with Petitioner's law firm on May 5, 2005, in regard to legal fees for the above-captioned matter. A copy of the letter signed by Respondent on May 10,2005 is attached hereto as Exhibit "A". 4. Petitioner has represented Respondent in this matter since May 10,2005. 5. The parties are presently engaged in a divorce proceeding. 6. Over the past few months Petitioner has left numerous messages for Respondent to which Respondent has not responded. 7. Respondent has not paid Petitioner in full for services rendered to her to date. 8. In addition Petitioner wrote a letter to Respondent on August 21, 2006, asking her to make a payment of $2,000.00 by September 15, 2006. A copy of Petitioner's September 15,2006 letter to Respondent is attached hereto as Exhibit "B". 9. To date despite numerous promises by Respondent, Petitioner has not received any money from Respondent. WHEREFORE, Petitioner requests your Honorable Court to enter a rule upon the Respondent to show cause why Petitioner should not be permitted to withdraw from this case as counsel for Respondent. Respectfully submitted, . Shultz, sqUIre Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Petitioner VERIFICATION The foregoing Petition is true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. Section 4094, relating to unsworn falsification to authorities. Date: 411~ I Dff Sean M. Shultz, Esquire Petitioner . . Exhibit "A" lrIJ-l IB KNIGHT & ASSOClATES ~C. Attorneys at Law May 5, 2005 Ellen Jade J anesko 3966 Enola Road Newville, Pennsylvania 17241 RE: Ellen Jade Janesko v. Michael J. Janesko (Divorce) Our File No. 3825.1 Dear Jade: Please accept this letter to acknowledge that you have engaged us to represent you in the above-referenced divorce matter. The scope of our representation may change depending upon developments in this matter and further instruction from you. In accordance with the Rules of Professional Conduct applicable to attorneys authorized to practice law in the Commonwealth of Pennsylvania, it is our firm's practice to disclose in writing the manner in which our fees will be determined before or within a reasonable time after our representation is commenced. We trust you will find this letter helpful in explaining the basis and procedure for the billing and payment of fees and disbursements. The enclosed memorandum describes the billing policies that apply generally to our clients and the elements we consider in determining fees. You and I have discussed legal fees which will be billed at my hourly rate of$140.00. Please be advised that we accept Visaand Mastercard. In keeping with our policy regarding new clients or significant new matters for existing clients, we are requesting an advance against fees in the amount of$500.00, which you paid on May 3,2005. An advance against fees is not a flat fee. If your matters do not use up all ofthe advances, the remainder would be refunded to you. You will be billed for time that exceeds the advance against fees. We reserve the right to request further advances or to increase the amount of the advance as it is exhausted or as may be warranted by developments that indicate a substantial additional commitment of time and other resources. If either our description ofthe services we are asked to provide or our billing procedures are contrary to your understanding, please advise us in writing, addressed to us at the address listed above, as soon as possible. In the absence of such notification, we will assume that you approve and agree to the above terms of our engagement on your behalf. f:\Uscr Foldcr\finn Docs\Genltr2005\382S-lfeeJtr.wpd 11 Roadway Drive Suite B Carlisle, PA 17013-8806 . 717-249-5373 717-249-0457 fax Enclosed please find a copy of this fee letter. If this fee letter is accurate as to your understanding of our engagement, please sign and date page two where indicated and return the copy to us. We look forward to assisting you in this matter, and we appreciate the confidence you have shown in us by permitting us to be of service to you. Very truly yours, SMS/dmh Enclosure I HAVE READ THE ABOVE RETAINER LETTER AND IT CORRECTLY SETS FORTH MY UNDERSTANDING IN REGARD TO MY FEE ARRANGEMENT AND REPRESENTATION BY KNIGHT & ASSOCIATES, P.C. Dated:6-!O l-xo..j - . , C. Q(l~/~ill1f~~ Ellen Jade anesko f:\Uscr Foldcr\firm Docs\Geollr200S\3825.1 ree.ht.wpd KNIGHT & ASSOCIATES, P.c. Financial Arrangements with Clients 1. Fees. Many factors are taken into account in billing for our services, including the hourly billing rates of the lawyers and paralegals who work on the matter, the novelty and complexity ofthe issues involved, the urgency with which the services must be performed, the extent to which an undertaking precludes us from representing other clients and the results achieved. In most instances, the number of hours spent by professional personnel is the principal basis for our fees. For your convenience, we accept Visa and Mastercard. 2. Hourly Billin~ Rates. Currently, my hourly billing rate is $140.00. Gregory H. Knight's hourly billing rate is $150.00. Our law clerk's, legal assistant's and paralegal's hourly rate is currently $75.00. The hourly rates are reviewed periodically and may increase or change during the course of our engagement on your behalf. 3. Determination of Final Fee. You may receive interim billings which will be based on the hourly billing rates of attorneys and paralegals involved in the undertaking. Determination of the total final fee will await ultimate conclusion of each matter so that all factors may be considered properly. 4. Disbursements. Most engagements require that certain advances be made on your behalfby us from time to time. Out-of-pocket expenses for travel, toll-calls, filing fees and similar items, and for certain administrative services such as photocopying, telecopy or fax transmissions and receipt, computer assisted research, special delivery and secretarial overtime specifically related to this matter will be separately billed and identified on our statements. As a result of delays in billings to our office, certain disbursements may not be billed by us on the statements on which related services are billed. 5. Periodic Billinl!s. Unless we have made other arrangements, it is our policy to render monthly statements for professional services. Usually, we prepare and mail statements at the end of the month in which substantial services have been rendered and/or disbursements have been incurred. We expect that our statements will be paid upon presentation, but, in any event, within 30 days after you receive the statement. The amounts paid on our interim billings are applied to the total final fee. 6. Administrative Charee. In the event our statements for fees and disbursements are not paid within thirty days after you receive them, we reserve the right to impose a charge at the rate of eighteen percent (18%) per annum on the balance due to help defray the additional cost of carrying and administering a delinquent account. F;\Usa Foldcr\firm Docs\Gcnltr2005\3U5-lree.llr.wpd 7. Advance Aeainst Fees. In accordance with our policy, we generally require an advance from new clients or with respect to significant new matters for existing clients in an amount appropriate to the engagement. The advance is in the nature of a deposit held by us on account of our continuing investment of time and effort. Even though we may hold an advance, we expect payment periodically as statements are issued for services rendered as reflected by interim billings. We will apply the advance to the final billing. 8. Funds Held in Escrow. During the course of our engagement, we may have occasion to hold funds in escrow on your behalf. We reserve the right to apply funds held in escrow to pay outstanding billings for services and disbursements before remitting the balance to you. 9. Termination. You may terminate this firm's representation in a matter at any time. We have the same right, subject to our professional obligation to give you reasonable notice to arrange for alternative representation. Please do not hesitate to ask us any questions you may have with regard to our billing practices or the nature and extent of our undertaking on your behalf. P:\User Foldcr\firm Docs\Genltr200S\JB2S-lCce.hr.wpd . . Exhibit "B" ego KNrGHT&AsSOCIATES P.C. Attorneys at Law August 21, 2006 Ellen Jade Janesko PO Box 262 Newville, Pennsylvania 17241 RE: Ellen Jade Janesko v. Michael 1. Janesko No. 2005-2513 Our File No. 3825.1 Dear Jade: It has been weeks since I have heard from you. You current balance with Knight & Associates, p.e. is $3,061.00. The last payment we received from you was on July 11, 2006. Despite promises from you, we have not received any money since that payment. I am now requesting an advance of$2,500.00 in addition to your present balance owed. That would bring your total owed at this time to $5,561.00, which you will need to pay by October 30,2006. You must pay at least $2,000.00 by Friday, September 15,2006, and another $1,000.00 by Friday, September 29, 2006. After those payments, you will need to make at least bi-weekly payments in an amount that would enable you to pay the entire $5,561.00 by October 30, 2006. All payments must actually be received in my office by the date they are due as set forth above. You should review the original fee letter we sent to you on May 5,2005 if you have any questions in regard to our billing policy. If you have missed any of the payments as stated above or you have failed to pay the $5,561.00 as required by October 30,2006, I will file to withdraw as your counsel of record, and the firm will pursue collections options. Should you have any questions or wish to discuss this matter further, please do not hesitate to contact me. Very truly yours, SMS/dmh F:\User Foldcr'Firm Docs\Gcnltr2006iJ82S-ljj.6.wpd 11 Roadway Drive Suite B Carlisle, PA 17015 . 717-249-5373 717-249-0457 fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN SUSAN JADE JANESKO, Plaintiff No. 2005-2513 v. CIVIL ACTION MICHAEL J. JANESKO, Defendant CERTIFICATE OF SERVICE AND NOW, this) ~-I;!1..day of September, 2006, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following persons with a copy of the foregoing Petition for Rule to Show Cause by first class, United States Mail, postage pre-paid, addressed as follows: John J. Mangan, Esquire 35 East High Street, Suite 204 Carlisle, Pennsylvania 17103 Attorney for Defendant Ellen Susan Jade Janesko P.O. Box 362 Newville, Pennsylvania 17241 Plaintiff Respectfully submitted, ean M. Shultz, Esquire Attorney J.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Petitioner Q c: ~- ,,)~ ~ ~ <.n ~ N - ~.~ :'1 ~ ~a -"0 'c-J ~o\ (~q. -:r;. -:!) '~~~ -r=; .~ :z:. -:l. ~ c.f? - .....I ELLEN SUSAN JADE JANESKO, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA v. MICHAEL J. JANESKO, Defendant : CIVIL DIVISION LAW : DIVORCE COMPLAINT : NO. 2005-2513 MOTION FOR CONTEMPT OF COURT ORDER DATED MARCH 23, 2006 AND NOW, this 3rd day of October, 2006 comes the Defendant, Michael J. Janesko, (hereinafter "Defendant") by and through his attorney, John J. Mangan, Esq., and files the following Motion for Contempt of Order of Court dated March 23,2006, and in support thereof, avers as follows: 1, A complaint in divorce was filed on May 16, 2005 and is pending before this Honorable Court. 2. Defendant currently resides at 3966 Enola Road, Newville, Cumberland County, P A 17241 (hereinafter "marital residence"). 3. Ellen Susan "Jade" Janesko's, (hereinafter "Plaintiff') residence is unknown at this time. 4. A hearing was held on March 23,2006 regarding Defendant's Motion for Enforcement of Order of Court dated December 8, 2005 and following the hearing, this Honorable Court directed Plaintiff to return certain items to Defendant within 21 days of the March 23, 2006. A true and correct copy of said Order of Court is attached hereto as Exhibit A. 5. Despite repeated requests, to date there are several items that were court ordered to be returned that have not been returned to Defendant and/or Plaintiff returned items that were not the same items that were taken from Defendant; specifically Defendant's fishing rods, tackle box and binoculars (Plaintiff did return several fishing rods that Defendant does not recognize and have no value), the John Deere snowblower for the tractor, the 52" television, the Hewlett Packard computer (the physical computer was returned but the operating system and hard drive appear to have been removed and replaced with an inferior system), and the haybine. WHEREFORE, Defendant respectfully requests that Plaintiffbe found to be in contempt of the March 23,2006 order of court, he demands that all items that were ordered to be returned to Defendant are returned and requests attorney's fees for the expense in filing the instant motion. Respectfully submitted, Jo J. A om ID No. 87000 35 East High Street, Ste 204 Carlisle, P A 17013 717-241-2446 ELLEN SUSAN JADE JANESKO,: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW 05-2513 CIVIL TERM MICHAEL J. JANESKO, Defendant IN DIVORCE IN RE: MOTION FOR ENFORCEMENT OF COURT ORDER ORDER OF COURT AND NOW, this 23rd day of March, 2006, upon consideration of Defendants's Motion for Enforcement of Court Order dated December 8, 2005, and following a hearing held on this date, the motion is granted to the extent that within 21 days of today's date Plaintiff is directed to return to Defendant the following items: 1. The fishing items referred to in item 7 of Defendant's Exhibit 2, the Bissell Pro Heat carpet shampoo machine referred to in Defendant's Exhibit as item 12, and the John Deere snowblower for the tractor referred to in Defendant's Exhibit as item 27; and 2. All of the items referred to on page 3 of Defendant's Exhibit 3, with the exceptions of the kitchen table, small hutch, old wooden book shelf, matching wall prints, Dashund, and small wooden decorative bench. No other relief is granted to either party. Nothing herein is intended to represent an attempt by the Court to distribute marital property in this divorce action. l.f.. /, EX A By the Court, Sean M. Shultz, Esquire 11 Roadway Drive Suite B Carlisle, PA 17013 For Plaintiff John J. Mangan, Esquire ~. High Street / ~ui~e 204 Carlisle, PA 17013 For Defendant :mae Verification I, John Mangan, hereby verify that the facts contained within this Motion are true and correct to the best of my knowledge, information and belief and are made pursuant to 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. l/0~ John angan Attorney for Defendant Michael J. Janesko ELLEN SUSAN JADE JANESKO, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. MICHAEL J. JANESKO, Defendant : CIVIL DIVISION LAW : DIVORCE COMPLAINT : NO. 2005-2513 CERTIFICATE OF SERVICE I, John J. Mangan, do hereby certify that on this 3rd day of October, 2006 I caused a true and correct copy of the Motion for Contempt to be served upon the following persons by U.S. mail: Sean Shultz, Esquire Knight and Associates, P.C. 11 Roadway Drive, Ste B Carlisle, PAl 7013 C) co r:) \ W rc,) (,..i, !Y '. , ELLEN SUSAN JADE JANESKO, Plaintiff OCT Q 4 Z006 : IN THE COURT OF COMMO.f#fEAS ..---~ : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. MICHAEL J. JANESKO, Defendant : CIVIL DIVISION LAW : DIVORCE : NO. 2005-2513 AND NOW, this ~ day of ORDER OF COURT o c..t-.---' 2006, it is herby ORDERED and DECREED that a hearing regarding the Motion for Contempt of Order of Court Dated March 23, 2006 be scheduled for J.A:t day of :iJ()1}. , 2006 in Courtroom number L at I:' 30 am/@ ?i 4:. Ll.\f~ ~2(" ,._t._ C) I ;:) l.Ll eC~ r-- u- C-, o C0 c;., "~""- ~.o.:::'- a.- U'? \ '.- 'c...) o ~C> c:::.) c:::> c;--.$ ~~5 b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA n~-:-:':;;-:-;::"-C- \/F~t5 \ SEP 2 2 2006 ! L~(:~",--_-c_-- y ELLEN SUSAN JADE JANESKO, Plaintiff No. 2005-2513 v. CIVIL ACTION MICHAEL J. JANESKO, Defendant ORDER OF COURT NOW, this II day of~, 2006, on Petition of Sean M. Shultz, Esquire, a Rule is hereby issued upon Plaintiff, Ellen Susan Jade Janesko, and Defendant, Michael J. Janesko, to show cause why Petitioner should not be permitted to withdraw as counsel for Defendant. Rule returnable (() days after the date of this order. Service to be by certified mail upon Defendant and upon Plaintiffs attorney of record, John J. Mangan, Esquire. By the Court, ,1. , \)\sJ ~ \\) ?r; -o.:L, ~~~ (-r~' ( i::\ ~~ ~ \ t ft~ r- tt'S -'1" ("") l:!., -- -- u.- ,n -j G o ~~ ~ 5 o -' .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN SUSAN JADE JANESKO, Plaintiff No. 2005-2513 v. CIVIL ACTION MICHAEL J. JANESKO, Defendant MOTION FOR CONTINUANCE AND NOW, this g'tc-.. day of November, 2006, comes the Plaintiff, Ellen Susan Jade Janesko, by and through her attorneys, Knight & Associates, P.C., and files the following Motion for Continuance and in support thereof avers as follows: 1. Plaintiff is Ellen Susan Jade Janesko, an adult individual with a mailing address of P.O. Box 262, Newville, Pennsylvania 17241. 2. Defendant is Michael J. Janesko, an adult individual residing at 3966 Enola Road, Newville, Pennsylvania 17241. 3. A hearing is scheduled for November 28, 2006, at 3: 15 p.m. on Defendant's Motion for Contempt of Court Order dated March 23, 2006. 4. Don Hopler, a material witness who can testify as to Plaintiff s arrangements with Defendant to return the items which are the subject of the aforesaid Motion for Contempt, will be in Texas at the time of the hearing and will not be available in Pennsylvania until the follwoing week. ~ ... 5. Counsel for the Plaintiff has contacted John Mangan, Esquire, counsel for the Defendant and he has advised undersigned counsel that the Defendant does not concur with the continuance. WHEREFORE, Plaintiff respectfully requests this Court to continue the hearing scheduled in the above-captioned matter for November 28, 2006, at 3: 15 p.m. Respectfully submitted, KNIGHT & ASSOCIATES, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Plaintiff ",--.. " ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ELLEN SUSAN JADE JANESKO, Plaintiff No. 2005-2513 v. CNIL ACTION MICHAEL J. JANESKO, Defendant CERTIFICATE OF SERVICE AND NOW, this rf'14. day of November, 2006, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following persons with a copy of the foregoing Motion for Continuance by first class, United States Mail, postage pre-paid, addressed as follows: John J. Mangan, Esquire 35 East High Street, Suite 204 Carlisle, Pennsylvania 17103 Attorney for Defendant Respectfully submitted, KN~T&A~SS~~ ~ ~ Sean M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Plaintiff (') c: ~~~:+> ,.....,;, c--') c;;:;> c;r. o -11 --f I-,., nl -i.: r' 2=;9 -~{ (~) ,--~-. ~:.~ ,6~;~ ~--~ ..i':ho :.D -< .,.l.... C) .,,-,.,-., -- I \..0 r~ C) r'~:: ~ ELLEN JADE JANESKO, : Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W MICHAEL JAMES JANESKO, Defendant NO. 05-2513 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of November, 2006, upon consideration of Plaintiffs Motion for Continuance, and the Court's calendar not being able to accommodate a hearing prior to March 22, 2007, the motion is denied. BY THE COURT, J. Sean M. Shultz, Esq. 11 Roadway Drive Suite B Carlisle, P A 17013 Attorney for Plaintiff l ~,~ If- /?-D~ John J. Mangan, III, Esq. 35 East High Street Carlisle, P A 17013 Attorney for Defendant C+h :rc SO :2 Hd L I '"ON 900l AU'i1C;' ........ ^'\ ELLEN JADE JANESKO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MICHAEL JAMES JANESKO, Defendant 05-2513 CIVIL TERM IN RE: MOTION FOR CONTEMPT ORDER OF COURT AND NOW, this 28th day of November, 2006, upon consideration of Defendant's Motion for Contempt of Court Order Dated March 23, 2006, and Defendant having appeared in court with his counsel, John J. Mangan, III, Esquire, for a hearing on that motion, and Plaintiff's counsel, Sean M. Shultz, Esquire, having also appeared, and having indicated that the Plaintiff claims to have a medical injury which precluded her appearance at this time, and Defendant's counsel having moved for a continuance of the hearing, without objection on the part of the Plaintiff's counsel, to facilitate Plaintiff's appearance by direction of the Court, the hearing in this matter is rescheduled for Monday, December 11, 2006, at 9:30 a.m., in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania, at which time and place the Plaintiff is directed to appear without further Order of Court. In the event that the Plaintiff fails to appear for the rescheduled hearing, a bench warrant will be o ~ \J") o ~5 ~ ~.t :r.: ~~ w feLtJ FE ~ t I W ~ ...0 c;::) c;::) c-..I ~ -S,~ :...... ~.- \:) ~~ 'J ::=:"t . '..->- :,t"O') '.~S~ cOo- ~ ::.J o "" ~ issued for the Plaintiff's arrest. ~an M. Shultz, Esquire 11 Roadway Drive Suite B Carlisle, PA 17013 For Plaintiff ~hn J. Mangan, III, 35 East High Street Carlisle, PA 17013 For Defendant :mae By the Court, J. J. , ...... ELLEN SUSAN JADE JANESKO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MICHAEL J. JANESKO, Defendant CIVIL ACTION - LAW IN DIVORCE NO. 05-2513 CIVIL TERM IN RE: DEFENDANT I S MOTION FOR CONTEMPT BEFORE OLER, J. ORDER OF COURT AND NOW, this 11th day of December, 2006, upon consideration of Defendant's Motion for Contempt of Order Dated March 23, 2006, and following a hearing rescheduled for this date at Plaintiff's request, which Plaintiff did not attend but in which her counsel participated, the Court finds that Plaintiff has willfully, voluntarily, and knowingly violated the Order of Court dated March 23, 2006, and she is consequently adjudicated in contempt. THE SANCTION for the contempt is that Plaintiff undergo imprisonment in the Cumberland County Prison for a period of four months. The condition of purge with respect to the sentence is that, within 30 days of the date of this order, she (a) pay Defendant the sum of $428.00 for a missing PTO shaft for a certain John Deere snow blower listed on Defendant's Exhibit 1, a copy of which is attached to this order, (b) effect the transfer of title to Defendant of the RAM P.U. truck listed on the said Exhibit 1, and (c) either effect the return to Plaintiff of each remaining item of personalty listed on the said Exhibit 1, or pay to Plaintiff the monetary value of said item as stated on the exhibit. SINCE the condition of purge herein can be met within a period of 30 days, Plaintiff need not report to prison at this time. In the event that she has not fully met the condition of purge within the said period of 30 days, she shall report to the gO :t: Hd \ \ :J1G q~~t ''.l\.jIO'''''' ,.'" \ -'U\ -10 NJ'I},.. '.,1:...,:[".1..1.)(;(,. :jru- :.l j'J'r\~\O.{'::Y\H i Cumberland County Prison for serVlce of the sentence imposed on Tuesday, January 16, 2007, at 9:00 a.m.; upon her compliance with the condition of purge during the period of incarceration, she shall be immediately released from the prison. IN THE EVENT Plaintiff does not meet the condition of purge and does not report to the prison as required, the Court will, upon motion, issue a bench warrant for her arrest. By the Court, ~n M. Shultz, Esquire 11 Roadway Drive Ste B Carlisle, PA 17013 For the Plaintiff ~hn J. Mangan, III, Esquire 35 East High Street Carlisle, PA 17013 For the Defendant pcb C <!-p - h CVrId. dPNd.. ~ , . --or., -lHearinl: 11/28/06 Pay attorney Fees Pay to retrieve items from the storage units. 4jOrJ Returned John Deere Snow blower attachment for the tractor $2000--- Returned PTO Shaft for the Snow Blower (Missing.) $150 $1-28 Magnavox 52 inch TV- $300 Hay Bind $1500 John Deere 317 Mower $2000 MTD Snow blower -gone -she sold to the Young's $800 Computer HP Pavilion 520c - wrong operation system installed $400 Fishing Tackles Three Ugly Styx Rods $150 Surf Rod Eagle Claw $50 Penn Reel Slammer Mod. #560 $140 Penn Reel Mod.# 716Z $80 Shimano Reel AX! 00 $60 Tackle case $80 Piano Box $20 Miscellaneous Lures, Hooks, Sinker, Ect. $200 Binoculars-- Steiner Predator 12X50 $299 Minolta $200 Bushnell $60 Loss of Hay 2006-- Couldn't cut hay. 1500 bales-- $3 a bale $4500 Transcripts from hearing in March RAM P. U. Truck -- Transfer Title Total DEFENDANT'S EXHIBIT ;iil la .II'()" Pt!6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN SUSAN JADE JANESKO, Plaintiff No. 2005-2513 v. CIVIL ACTION MICHAEL J. JANESKO, Defendant MOTION TO WITIlDRA W AND NOW, this ~ day of January, 2007, comes Sean M. Shultz, Esquire, attorney for Plaintiff, and files the following Motion to Withdraw, representing as follows: 1. Movant is Sean M. Shultz, Esquire, attorney for Plaintiff, with offices at 11 Roadway Drive, Suite B, Carlisle, Cumberland County, Pennsylvania 17015. 2. Plaintiff is Ellen Susan Jade Janesko, an adult individual with a mailing address of P.O. Box 262, Newville, Pennsylvania 17241. 3. Movant filed a Petition for Rule to Show Cause on September 21, 2006, requesting to be permitted to withdraw as Plaintiff s counsel of record. A copy of said Petition is attached hereto as Exhibit "A". 4. On October 3,2006, an Order of Court was signed issuing a Rule upon Plaintiff to show cause why Petitioner should not be permitted to withdraw as counsel for Plaintiff. A copy of said Order of Court is attached hereto as Exhibit "B". 5. Plaintiff has failed to retrieve certified mailings of the Rule from her post office box. 6. Plaintiff is transient and has refused to provide Movant with her residential address. As a result, Movant has been unable to serve Plaintiff with said Petition and Rule. 7. Through telephone conversations and exchanged voicemail messages Plaintiff is aware that Movant has been seeking to withdraw as counsel for Plaintiff. 8. In a voicemail message dated October 3, 2006 left in Movant's voicemail, Plaintiff confirmed that she understood Movant was seeking to withdraw as counsel. WHEREFORE, Movant requests this Honorable Court enter an Order granting leave for him to withdraw as counsel for Plaintiff. Respectfully submitted, KNIGHT & ASSOCIATES, P.e. Sean M. Shultz, squire Attorney ill No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Movant VERIFICATION The foregoing Motion is true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. Section 4094, relating to unsworn falsification to authorities. Date: I)IIR J n Exhibit "A" IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN SUSAN JADE JANESKO, Plaintiff No. 2005-2513 v. CIVIL ACTION () '" ~ c:::> c:: c:::> S c:r- -4 "'"0 CD (/') ffi:n rnrn I'"l 2:;:'1 -0 -chi ze- N :o~ {f!lo; ~. -<.. ~.:- r-- (--. -=-H ~_..- ~.....; -0 ~(~, 0-- :x 20 L." ~~:..<. om >-c w -t ~ ~ -.J ~ MICHAEL J. JANESKO, Defendant PETITION FOR RULE TO SHOW CAUSE NOW comes Sean M. Shultz, Esquire, attorney for Plaintiff, and presents this petition for a rule to show cause, representing as follows: 1. Petitioner is Sean M. Shultz, Esquire, attorney for Plaintiff, with offices at 11 Roadway Drive, Suite B, Carlisle, Cumberland County, Pennsylvania 17015. 2. Respondent is Ellen Susan Jade Janesko, an adult individual with a mailing address of P.O. Box 262, Newville, Pennsylvania 17241. 3. Respondent was mailed a fee agreement with Petitioner's law firm on May 5, 2005, in regard to legal fees for the above-captioned matter. A copy of the letter signed by Respondent on May 10, 2005 is attached hereto as Exhibit "N'. 4. Petitioner has represented Respondent in this matter since May 10,2005. 5. The parties are presently engaged in a divorce proceeding. 6. Over the past few months Petitioner has left numerous messages for Respondent to which Respondent has not responded. 7. Respondent has not paid Petitioner in full for services rendered to her to date. 8. In addition Petitioner wrote a letter to Respondent on August 21, 2006, asking her to make a payment of $2,000.00 by September 15, 2006. A copy of Petitioner's September 15,2006 letter to Respondent is attached hereto as Exhibit "B". 9. To date despite numerous promises by Respondent, Petitioner has not received any money from Respondent. WHEREFORE, Petitioner requests your Honorable Court to enter a rule upon the Respondent to show cause why Petitioner should not be permitted to withdraw from this case as counsel for Respondent. Respectfully submitted, VERIFICATION The foregoing Petition is true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. Section 4094, relating to unsworn falsification to authorities. Date: ~ 11~ J D(P Sean M. Shultz, Esquire Petitioner Exhibit "A" KNIGHT & ASSOClATES ~C. Attorneys at Law May 5, 2005 Ellen Jade J anesko 3966 EnolaRoad N e\wille, Pennsylvania 17241 RE: Ellen Jade Janesko v. Michael J. Janesko (Divorce) Our File No. 3825.1 Dear Jade: Please accept this letter to acknowledge that you have engaged us to represent you in the above-referenced divorce matter. The scope of our representation may change depending upon developments in this matter and further instruction from you. In. accordance with the Rules of Professional Conduct applicable to attorneys authorized to practice law in the' Commonwealth of Pennsylvania, it is our firm's practice to disclose in writing the manner in which our fees will be determined before or within a reasonable time after our representation is commenced. We trust you will find this letter helpful in explaining the basis and procedUre for the billing and payment of fees and disbursements. The enclosed memorandum describes the billing policies that apply generally to our clients and the elements we consider in determining fees. You and I have discussed legal fees which will be billed at my hourly rate of$140.00. Please be advised that we accept Visa and Mastercard. In keeping with our policy regarding new clients or significant new matters for existing clients, we are requesting an advance against fees in the amount of$500.00, which you paid on May 3,2005. An advance against fees is not a flat fee. If your matters do not use up all of the advances, the remainder would be re~ded to you. You will be billed for time that exceeds the advance against fees. We reserve the right to request further advances or to increase the amount of the advance as it is exhausted or as may be warranted by developments that indicate a substantial additional commitment oftime and other resources. If either our description of the services we are asked to provide or our billing procedures are contrary to your understanding, please advise us in writing, addressed to us at the address listed above, as soon as possible. In the absence of such notification, we will assume that you approve and agree to the above terms of our engagement on your behalf. F:\lJscr FoIcIcNirm 1locs\G",lIr2005\3125.\ fcc.ltt. wpd 11 Roadway Drive Suite B Carlisle. PA 17013-8806 . 717-249-5373 717-249-0457fax Enclosed please find a copy of this fee letter. If this fee letter is accurate as to your understanding of our engagement, please sign and date page two where indicated and return the copy to us. We look forward to assisting you in this matter, and we appreciate the confidence you have shown in us by permitting us to be of service to you. Very truly yours, KNIGHT & ASSOCIATE~, P.C S SMS/dmh Enclosure I HAVE READ THE ABOVE RETAINER LETTER AND IT CORRECTLY SETS FORTH MY UNDERSTANDING IN REGARD TO MY FEE ARRANGEMENT AND REPRESENTATION BY KNIGHT & ASSOCIATES, P .C. Dated: S!O!aoj - . , C' Q.(JM~M~ Ellen Jade anesko f;lIJscr fDldcrlf'lI1Illloct(;<Qlu20051J821.Ifcc.hr.wpcI KNIGHT & ASSOCIATES, P.c. Financial Arrangements with Clients 1. Fees. Many factors are taken into account in billing for our services, including the hourly billing rates of the lawyers and paralegals who work on the matter, the novelty and complexity of the issues involved, the urgency with which the services must be performed, the extent to which an undertaking precludes us from representing other clients and the results achieved. In most instances, the number of hours spent by professional personnel is the principal basis for our fees. For your convenience, we accept Visa and Mastercard. 2. Hourly Billin~ Rates. Currently, my hourly billing rate is $140.00. Gregory H. Knight's hourly billing rate is $150.00. Our law clerk's, legal assistant's and paralegal's hourly rate is currently $75.00. The hourly rates are reviewed periodically and may increase or change during the course of our engagement on your behalf. 3. Determination of Final Fee. You may receive interim billings which will be based on the hourly billing rates of attorneys and paralegals involved in the undertaking. Determination of the total final fee will await ultimate conclusion of each matter so that all factors may be considered properly. 4. Disbursements. Most engagements require that certain advances be made on your behalf by us from time to time. Out-of-pocket expenses for travel, toll-calls, filing fees and similar items, and for certain administrative services such as photocopying, telecopy or fax transmissions and receipt, computer assisted research, special delivery and secretarial overtime specifically related to this matter will be separately billed and identified on our statements. As a result of delays in billings to our office, certain disbursements may not be billed by us on the statements on which related services are billed. 5. Periodic Dillin ~s. Unless we have made other arrangements, it is our policy to render monthly statements for professional services. Usually, we prepare and mail statements at the end of the month in which substantial services have been rendered and/or disbursements have been incurred. We expect that our statements will be paid upon presentation, but, in any event, within 30 days after you receive the statement. The amounts paid on our interim billings are applied to the total [mal fee. 6. Administrative Char~e. In the event our statements for fees and disbursements are not paid within thirty days after you receive them, we reserve the right to impose a charge at the rateof eighteen percent (18%) per annum on the balance due to help defray the additional cost of carrying and administering a delinquent account. F,IU... FoIdcrIFina !locI\Gcnlvl005\3I1S-lree.lv.wpd 7. Advance A~ainst Fees. In accordance with our policy, we generally require an advance from new clients or with respect to significant new matters for existing clients in an amount appropriate to the engagement. The advance is in the nature of a deposit held by us on account of our continuing investment of time and effort. Even though we may hold an advance, we expect payment periodically as statements are issued for services rendered as reflected by interim billings, We will apply the advance to the final billing. 8. Funds Held in Escrow. During the course of our engagement, we may have occasion to hold funds in escrow on your behalf. We reserve the right to apply funds held in escrow to pay outstanding billings for services and disbursements before remitting the balance to you. 9. Termination. You may terminate this firm's representation in a matter at any time. We have the same right, subject to our professional obligation to give you reasonable notice to arrange for alternative representation. Please do not hesitate to ask us any questions you may have with regard to our billing practices or the nature and extent of our undertaking on your behalf. p:\lJNr FoWa\F'Y'IIl DodGcnIlrZOOS\3125.tfce.hr. wpd Exhibit "B" J(8. KNrGHT&ASSOCIATES P.C. Attorneys at law August 21,2006 Ellen Jade Janesko PO Box 262 Newville, Pennsylvania 17241 RE: Ellen Jade Janesko v. Michael J. Janesko No. 2005-2513 Our File No:3825.1 Dear Jade: It has been weeks since I have heard from you. You current balance with Knight & Associates, P.C. is $3,061.00. The last payment we received from you was on July 11, 2006. Despite promises from you, we have not received any money since that payment. I am now requesting an advance of$2,500.00 in addition to your present balance owed. That would bring your total owed at this time to $5,561.00, which you will need to pay by October 30, 2006. You must pay at least $2,000.00 by Friday, September 15, 2006, and another $1,000.00 by Friday, September 29, 2006. After those payments, you will need to make at least bi-weekly payments in an amount that would enable you to pay the entire $5,561.00 by October 30,2006. All payments must actually be received in my office by the date they are due as set forth above. You should review the original fee letter we sent to you on May 5, 2005 if you have any questions in regard to our billing policy. If you have missed any of the payments as stated above or you have failed to pay the $5,561.00 as required by October 30, 2006, I will file to withdraw as your counsel of record, and the firm will pursue collections options. Should you have any questions or wish to discuss this matter further, please do not hesitate to contact me. Very truly yours, SMS/dmh F:\lJscr Foldcr'.Fim Docs'GcnlU"2006\3115~1.ii.6.wpd 11 Roadway Drive Suite B Carlisle, PA 17015 . 717-249-5373 717-249-0457 fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN SUSAN JADE JANESKO, Plaintiff No. 2005-2513 v. crva ACTION MICHAEL J. JANESKO, Defendant CERTIFICATE OF SERVICE AND NOW, this ] ~.t!J... day of September, 2006, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following persons with a copy of the foregoing Petition for Rwe to Show Cause by first class, United States Mail, postage pre-paid, addressed as follows: John J. Mangan, Esquire 35 East High Street, Suite 204 Carlisle, Pennsylvania 17103 Attorney for Defendant Ellen Susan Jade J anesko P.O. Box 362 Newville, Pennsylvania 17241 Plaintiff Respectfully submitted, ean M. Shwtz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Petitioner Exhibit "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r' ...- .-." r..oO. ..--C::-:;:-"""'-~ .L-':~~_.':~~"::.~_~~'.~ .,f i SEP 2 2 2006 i \RV'~~ I ....,.... J:.. . . :::;""~""::;:;'_u.".. ~- _.._..-~"..-= ELLEN SUSAN JADE JANESKO, Plaintiff No. 2005-2513 v. CIVIL ACTION MICHAEL J. JANESKO, Defendant ORDER OF COURT NOW, this3n3 day of ~ 2006, on Petition of Sean M. Shultz, Esquire, a Rule is hereby issued upon Plaintiff, Ellen Susan Jade Janesko, and Defendant, Michael J. Janesko, to show cause why Petitioner should not be permitted to withdraw as counsel for Defendant. Rule returnable ~ days after the date of this order. Service to be by certified mail upon Defendant and u~n Plaintiff's attorney of record, John J. Mangan, Esquire. By the Court, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN SUSAN JADE JANESKO, Plaintiff No. 2005-2513 v. CIVIL ACTION MICHAEL J. JANESKO, Defendant CERTIFICATE OF SERVICE AND NOW, this .1la+> day of January 2007, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following persons with a copy of the foregoing Motion to Withdraw by first class, United States Mail, postage pre-paid, addressed as follows: John J. Mangan, Esquire Bayley and Mangan 57 West Pomfret Street Carlisle, Pennsylvania 17013 Attorney for Defendant Ellen Susan Jade Janesko P.O. Box 362 Newville, Pennsylvania 17241 Plaintiff Respectfully submitted, Sean M. Shultz, squire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Movant (") ~ ~ <= C c? ----l (..... ::?-n :x:;" ~ f11 r=: ::Q rTl 0) .Jtt () f l _-A '-- -0 --.:- ~rt ::1; (~~~.~ c..) urn -I "1> 0 ~ CD -< JOHN J. MANGAN, ESQUIRE BAYLEY &: MANGAN 57 W. POMFRET STREET CARLISLE PA 17013 (717) 241-2446 ATTORNEY ID NO. 87000 ATTORNEY FOR DEFENDANT Ellen Jade Janesko, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W Michael James Janesko, Defendant, : No. 05-2513 CIVIL TERM MOTION FOR ISSUANCE OF BENCH WARRANT AND NOW, comes Michael James Janesko, by and through his attorney, John J. Mangan, Esquire, and in support of the within Motion avers as follows: 1. A hearing was scheduled on November 28, 2006 with regard to a Motion for Contempt against the Plaintiff, Ellen Jade Janesko. 2. The Plaintiff failed to appear for hearing on said date. 3. The hearing was continued until December 11,2006. 4. The Plaintiff again failed to appear on said date. 5. Pursuant to the attached Order of Court, dated December 11, 2006, the Honorable Judge Wesley Oler issued the sanction for contempt that Plaintiff undergo imprisonment in the Cumberland County Prison for a period of four months. The condition of purge with respect to the sentence is that, within 30 days of the date of this Order, she (a) pay Defendant the sum of $428.00 for a missing PTO shaft for a certain John Deere snow blower listed on Defendant's Exhibit 1, a copy of which is attached to this Order, (b) effect the transfer of title to Defendant of the RAM P.D. truck listed on the said Exhibit 1, and (c) either effect the return to Plaintiff of each remaining item of personalty listed on the said Exhibit 1, or pay to Plaintiff the monetary value of said item as stated on the exhibit. (Order is attached as Exhibit "A") 6. Since the issuance of said Order, Plaintiffhas not met any of the conditions of the purge and has not reported to Cumberland County Prison for service of the sentence imposed on her. 7. Defendant, Michael James Janesko, respectfully requests the issuance of a Bench Warrant for Ellen Jade Janesko's arrest. Wherefore, the Defendant respectfully requests the Court to issue a Bench Warrant for the arrest of Ellen Jade Janesko Respectfully submitted, BAYLEY & MANGAN Date: I (131t!7 John J. M g 57 W. Po et t. Carlisle, P A 17013 (717) 241-2446 Supreme Court J.D. # 87000 Attorney for Defendant ~ Ellen Jade Janesko, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W Michael James Janesko, Defendant, : No. 05-2513 CIVIL TERM VERIFICATION JOHN J. MANGAN, ESQUIRE, states that he is the attorney for Defendant, Michael James Janesko, in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: ( (L)(07 ~ ------- Ellen Jade Janesko, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W Michael James Janesko, Defendant, : No. 05-2513 CIVIL TERM CERTIFICATE OF SERVICE I, John J. Mangan, Esquire, attorney for Defendant, Michael James Janesko, do hereby certify that I this day served a copy of the within Motion upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Sean M. Shultz, Esquire 11 Roadway Drive, Suite B Carlisle, P A 17013 Dated: ! /7,-, -,/ e17 John J. Attorne DEe 1 8 2006 ELLEN SUSAN JADE JANESKO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MICHAEL J. JANESKO, Defendant CIVIL ACTION - LAW IN DIVORCE NO. 05-2513 CIVIL TERM IN RE: DEFENDANT'S MOTION FOR CONTEMPT BEFORE OLER, J. ORDER OF COURT AND NOW, this 11th day of December, 2006, upon consideration of Defendant's Motion for Contempt of Order Dated March 23, 2006, and following a hearing rescheduled for this date at Plaintiff's request, which Plaintiff did not attend but in which her counsel participated, the Court finds that Plaintiff has willfully, voluntarily, and knowingly violated the Order of Court dated March 23, 2006, and she is consequently adjudicated in contempt. .,. THE SANCTION for the contempt is that Plaintiff undergo imprisonment in the Cumberland County Prison for a period of four months. ~he condition of purge with respect to the sentence is that, within 30 days of the date of this order, she (a) pay Defendant the sum of $428.00 for a missing PTO shaft for a certain John Deere snow blower listed on Defendant's Exhibit 1, a copy of which is attached to this order, (b) effect the transfer of title to Defendant of the RAM P.U. truck listed on the said Exhibit 1, and (c) either effect the return to Plaintiff of each remaining item of personalty listed on the said Exhibit 1, or pay to Plaintiff the monetary value of said item as stated on the exhibit. .; SINCE the condition of purge herein can be met within I a period of 30 days, Plaintiff need not report to Iprison at this time. In the event that she has not fully met the condition of purge within the said period of 30 days, she shall report to the eXH/l3fT "An ,. Cumberland County Prison for service of the sentence imposed on Tuesday, January 16, 2007, at 9:00 a.m.; upon her compliance with the condition of purge during the period of incarceration, she shall be immediately released from the prison. IN THE EVENT Plaintiff does not meet the condition of purge and does not report to the prison as required, the Court will, upon motion, issue a bench warrant for her arrest. By the Court, . Sean M. Shultz, Esquire 11 Roadway Drive Ste B Carlisle, PA 17013 For the Plaintiff John J. Maftgan, III, Esquire 35 East High Street Carlisle, PA 17013 For the Defendant pcb CCP , w -IHearinflll/28/06 Pay attorney Fees Pay to retrieve items from the storage units. 4';0 (/ Returned 101m Deere Snow blower attachment for the tractor $2000--- Returned PTO Shaft for the Snow Blower (Missing.) $150 $1-28 Magnavox 52 inch TV- $300 Hay Bind $1500 Jo1m Deere 317 Mower $2000 MTD Snow blower -gone -she sold to the Young's $800 Computer HP Pavilion 520c - wrong operation system installed $400 Fishing Tackles Three Ugly Styx Rods $150 Surf Rod Eagle Claw $50 Penn Reel Slammer Mod. #560 $140 Penn Reel Mod.# 7162 $80 Shimano Reel AXl 00 $60 Taclde case $80 Plana Box $20 Miscellaneous Lures, Hooks, Sinker, Ect. $200 Binoculars-- Steiner Predator 12X50 $299 Minolta $200 Bushnell $60 Loss of Hay 2006-- Couldn't cut hay. 1500 bales-- $3 a bale $4500 Transcripts from hearing in March RAM P.D. Truck -- Transfer Title Total 11 . & . : I ~ ~I If). II .()l,p Pc 6 () ~.; r......;) C~ c:::;. -...I (.... :;.-"'* o -n ~ rnpl ;st9 .....~('::J )i~ ~rn --) 1~ :1] -< ~ N W ::00- ::J= c.:., o 0:> , . .JAN 18 2007/ '7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN SUSAN JADE JANESKO, Plaintiff No. 2005-2513 v. CIVIL ACTION MICHAEL J. JANESKO, Defendant ORDER OF COURT NOW, this 23~ [day of J V] ,2007, on Motion of Sean M. Shultz, Esquire, it is . . hereby ORDERED and DECREED that Sean M. Shultz, Esquire is hereby withdrawn as counsel of record for Plaintiff, Ellen Susan Jade Janesko, and that Plaintiff shall proceed pro se until such time that other counsel enters an appearance on her behalf. By the Court, , J. ~^ri f\,~ \, ~~~ 1 \f~ \ \ ~ \=:\ ~, ~ t1"') !r}'[J'f LOOl 92 :2 Hd 0 L ". ::n.1l .,l11 "UvIOI;:.,.,! ~ n~ll'!l ...v 38J.:!:I~J~,,~__,t~_~ 1.: ELLEN JADE JANESKO, : Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW MICHAEL JAMES JANESKO, Defendant NO. 05-2513 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of January, 2007, it being related that Plaintiff Ellen Jade Janesko has failed to meet the condition of purge contained in the order of court dated December 11, 2006, and has not reported to the Cumberland County Prison as provided in the order, an attachment for her is hereby issued. The Sheriff of Cumberland County is directed to produce Ellen Jade Janesko in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. The Sheriff shall execute this order of attachment only during regular business hours. BY THE COURT, 1. Ellen Jade Janesko c/o Don Hopler 920 Cranes Gap Road Carlisle, P A 17013 Plaintiff, pro Se l : ~\t("~i'," " 1\.1.i ~) ',-' " '~'-'.M().) '''', .{:'t 'I L I :2 Hd SZ NVr LOOZ AbV10i<>i..LGJd 3H1 ;lO :n:.:!:1(i,0311j John J. Mangan, III, Esq. 35 East High Street Carlisle, P A 17013 Attorney for Defendant Cumberland County Sheriffs Office -Ittud ~ I/J .ri" 1 M:../ Courtesy Copy: Sean M. Shultz, Esq. 11 Roadway Drive Suite B Carlisle, P A 17013 ~ ~ /-,),:),07 9- :rc E~~c-,n ~1C~ ~C~s~ vs. m; cX,ae~ e~0~nc-S oSr~~ In the Court of Common Pleas of Cumberland County, Pennsylvania (~'' (~ ~~-~ Civil. ~ ~`~J No. -' - , ~ t, l:.1 ~ r j ` _ _ -~ ~y - C__ `.j~s~i t-- -~+ - 7 C ~ ` v Attorney for Plaintiff No. Term, 19 vs. PRAECIPE Filed 19 Atty. ELLEN SUSAN JADE JANESKO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MICHAEL JAMES JANESKO, Defendant NO. 05-2513 CIVIL TERM IN RE: CONTEMPT ORDER OF COURT AND NOW, this 12th day of July, 2010, the Plaintiff, Ellen Susan Jade Janesko, now appearing in court at No. 05-2513 Civil Term with her privately-retained counsel, Sheri D. Coover, Esquire, and it appearing that the Plaintiff was sanctioned with a period of imprisonment by Order of Court dated December 11, 2006, as the result of an adjudication of contempt, and did not meet the condition of purge with respect to that sentence nor report to the Cumberland County Prison after a period of 30 days in accordance with the order, and it appearing further that the Plaintiff has been apprehended by law enforcement authorities on an unrelated matter and has been brought into court in this civil case pursuant to the Order of Court dated January 25, 2007, the Plaintiff is remanded to the Cumberland County Prison to serve the period of imprisonment provided for in the Order of Court dated December 11, 2006. By the Court, N _ ~ O ~ _ ~ ~'` c: .K "i '.. ~~. . _ "T'7 ~., i f__ C..) '~' C.:7 j/ Sheri D. Coover, Esquire 44 S. Hanover Street Carlisle, PA 17013 For Plaintiff John J. Magan, Esquire 35 East High Street Carlisle, PA 17013 (Courtesy copy) Defendant's attorney Probation Sheriff Victim Witness CCP :mae ~~ b~' \`o \ ~~ ~~ ELLEN SUSAN JADE JANESKO, Plaintiff v. MICHAEL J. JANESKO, Defendant C7 ~' ~ .-- r- O _~ IN THE COURT OF COMMON ~,EA`~ ~ CUMBERLAND COUNTY, ~ . ~ ~ - ~ ' z ~ ~_ . PENNSYLANIA ._ - o :CIVIL ACTION -LAW -- NO.OS-2513 ~ , w PETITION FOR RECONSIDERATION OF FINDING OF CONTEMPT AND NOW, comes Plaintiff Ellen Susan Jade Janesko, by and through her attorney, Sheri D. Coover, ESQ. and files the following PETITION FOR RECONSIDERATION OF FINDING OF CONTEMPT and in support thereof avers as follows: 1. On or azound December 13, 2006, this Court issued an Order that stated that Plaintiffwas to undergo imprisonment in the Cumberland County Prison for a period of four months. The Order provided that the Plaintiff could purge the sentence by (a) paying the Defendant $428.00 for a missing PTO shaft for a John Deere snowblower; (b) effect the transfer of title to Defendant of the Ram P.U. truck; c) Return to Plaintiff or pay him for the remainder of property listed in Exhibit 1 of the Order. (A true and correct copy of the Order is hereby attached as Exhibit 1 to this Petition). 2, On or azound July 12, 2010, this Court issued an Order that Plaintiff was sanctioned with a period of imprisonment as the result of an adjudication of contempt of the December 11, 2006 Order. (A true and correct copy of this Order is hereby attached as Exhibit 2 to this Petition). 3. Defendant avers that the property identified in the December 11, 2006 Order has been returned to the Defendant with the exception of the MID. Snow Blower.l 1 The IVl'I'D Snow Blower was sold to a third party and is no longer in Plaintiffs possession. Plaintiff disputes that the value of the MTD Snowblower is 5800.00. Similar snowblowers of this make and model 4. As in regards to the specific property identified in the December 11, 2006 Court Order, Defendant avers as follows: a. The PTS shaft for the John Deere snow blower was returned to the Defendant by David Jumper of 3898 Enola Road, Newville, Pennsylvania on January 25, 2007; b. 1lriagnavox 52 inch big screen TV was returned to the Defendant by David Jumper on January 25, 2007; c. New Holland Hay Bine was returned to the Defendant by David 3umper on January 23, 2007; d. John Deere 3171awn mower was returned to the Defendant by David Jumper on January 25, 2007; e. HP Pavilion 520c is in the Defendant's possession; f. Fishing tackles and binoculars were never in Plaintiff's possession - Plaintiffbelieves that these items were taken from the marital residence along with several other items during abreak-in of the marital property in June 20052; 5. Plaintiff is agreeable to transfer the title to the Ram Pickup Truck to the Defendant but is not in possession of the title -she will sign to transfer the title if a duplicate title is provided. 6. Plaintiff does not believe that she should be responsible for the loss claimed by the Defendant in the hay he did not cut. Plaintiff never cut any of the hay and was not responsible for the hay cut or not cut by the Defendant. cffi be purchased on the intetnet for less than ~ 150.00 (See Exhibit 3 attached). As this is the only property not able to be rehuned as directed by the Order, Plaintiff is agreeable to entering into a plan to compensate the DefeadaM for a fair market value for this snowblower. Z This breslc-in was reported to tbe Pennsylvania State Police who eexprressed that it was their belief that the Defendant had actually come into the home and taken the property. 7. Plaintiff does not believe that she should be responsible for the Defendant's claim of $100.00 for retrieval of items from the storage unit. Plaintiff tried on several occasions to return the property to the Defendant and only placed the items into the storage unit when Defendant constantly refused to meet with Plaintiff or agents of the Plaintiffto transfer the claimed property. 8. Plaintiff avers that she has substantially complied with the terms of the December 13, 2006 Order except for the transfer of the title of the Ram Truck and the return of the snowblower which was sold as described above for which she is willing to work with Defendant to achieve the transfer and appropriately compensate him for the item sold. 9. Defendant's lawyer, John h Esquire has been contacted and has been advised of Plaintiff s position on the return of the identified property. No response has been received as of the time of the filing of this document. It is assumed that he does not concur with the relief requested by the Defendant. WHEREFORE, Defendant requests that this Court reconsider its finding that Plaintiff is in contempt of the December 11, 2006 Otder and modify its July 12, 2010 Order to find that Plaintiff is not in contempt and rescind the term of imprisonment imposed upon the Plaintiff under this docket.3 Sheri D. Coover, ESQ. Attorney ID 93285 44 S. Hanover Street Carlisle, Pa 17013 s Plaintiff is currenfly being held in the Cumberland County Prison on a $500,000 bail for a pending criminal matter. The rescission of the imprisonment imposed upon her for contempt of this civil matter would not result in her release from prison at this time. ELLEN SUSAN JADE JANESKO, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSY'LANIA vi. CIVIL ACTION -LAW MICHAEL J. JANESKO, : NO. US-2513 Defendant VERIFICATION I, Ellen Susan Jade Janesco hereby certify that I have reviewed the foregoing PETITION and do attest and verify that all of the facts contained therein aze true and correct to the best of my knowledge, information and belief. I understand that I can be sub}ect to the penalties of perjury, both civilly and criminally under Pennsylvania and federal law for any false statements contained herein. Ellen Susan Jade J esko ELLEN SUSAN JADE JANESKO, Plaintiff vii. MICHAEL J. JANESKO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNS~'LANIA CIVIL ACTION -LAW NO.OS-2513 CERTIFICATE OF SERVICE I, Sheri D. Coover, ESQ. hereby certify that on this ~ day of _, 2010, I caused a copy. of the foregoing PETITION to be served by U.S. First class mail upon counsel for the Defendant addressed as follows: John Mangan, ESQ. 17 W. South Street Carlisle, PA 17013 submitted, eri D. Coover, ESQ. ttorney ID 93285 44 S. Hanover Street Carlisle, Pa 17013 DEC 181006 ELLEN SUSAN JADE JANESKO, Plaintiff v. MICHAEL J. JANESKO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. OS-2513 CIVIL TERM IN RE: DEFENDANT'S D40TION FOR CONTEMPT BEFORE OLER, J. ORDER OF COURT AND NOW, this 11th day of December, 2006, upon consideration of Defendant's Motion for Contempt of Order Dated March 23, 2006, and following a hearing rescheduled for this date at Plaintiff's request, which Plaintiff did not attend but in which her counsel participated, the Court finds that Plaintiff has willfully, voluntarily, and knowingly violated the Order of Court dated March 23, 2006, and she is consequently adjudicated in contempt. r THE SANCTION for the contempt is that Plaintiff undergo imprisonment in the Cumberland County Prison for a period of four months. 'The condition of purge with respect to the sentence is that, within 30 days of the date of this order, she (ay pay Defendant the sum of $428.00 for a missing PTO shaft for a certain John Deere snow blower listed on Defendant's Exhibit 1, a copy of which is attached to this order, (b) effect the transfer of title to Defendant of the RAM P.U.-truck listed on the said Exhibit 1, and (c) either effect the return to Plaintiff of each remaining item of personalty listed on the said Exhibit 1, or pay to Plaintiff the monetary value of said item as stated on the exhibit. SINCE the condition, of purge herein can be met within a period of 30 days, Plaintiff need not report to 'prison at this time. In the event that she has not fully met the condition of purge within the said period of 30 days, she shall report to the . ~X.~f11317_''~„ i .~~. A Cumberland County Prison for service of the sentence imposed on Tuesday, January 16, 2007, at 9:00 a.m.; upon her compliance with the condition of purge during the period of incarceration, she shall be immediately released from the prison. IN TAE EVENT Plaintiff does not meet the condition of purge and does not report to the prison as required, the Court will, upon motion, issue a bench warrant for her arrest. Sean M. Shultz, Esquire it Roadway Drive Ste B Carlisle, PA 1701 3 For the Plaintiff John J. Mangan, III, Esquire 35 East High Street Carlisle, PA 17013 For the Defendant P~ Ct0 By the Court,. -Hearing 11!28/06 t~ Pay attorney Fees Pay to retrieve items from the storage units, ,~'~~O Returned John Deere Snow blower attachment for the tractor $2000--- Returned PTO Shaft for the Snow Blower (M~ssing.) 5150 2 8 Magnavox 52 inch TV- x300 ~y Bind X1500 , John Deere 317 Mower $2000 MTD Snow blower -gone -she sold to the Young's $800 , Computer HP Pavilion 520c • wrong operation system installed $400 Fishing Tackles Three Ugly Styx Rods $150 Surf ltod Eagle Claw $50 Perri Reel Stammer Mod. #560 ~ 5140 Peffi Reel Mod.# 7162 ggp Shinoano Reel AXl 00 ~0 Tackle case $80 Plano Box $20 M'iscellaaeous Lures, Hooks, Sinker, Ect. $2Q0 Binoculars-- Steiner Predator 12X50 X99 Minolta $200 Bushnell $60 Loss of Hay 2006-- Couldn't cut hay. 1500 bales-- $3 a bale $4500 Transcripts fiom hearing in March RAM P.U. Truck -- Traasfer Title Tofial © ~ ~ ~- ~~. ~ i ~ ~j ~a.~r~o~ Pei i. ELLEN SUSAN JADE JANESKO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVZL ACTION - LAW MICHAEL JAMES JAN8SK0, Defendant NO. OS-2513 CIVIL TERM IN RE: CONTEMPT ORDER OF COURT AND NOW, this.l2th day of July, 2010, the Plaintiff, Ellen Susan Jade Janesko, now appearing in court at No. 05-2513 Civil Term with her privately-retained counsel, Sheri D. Coover, Esquire, and it appearing that the Plaintiff was sanctioned with a period of imprisonment by Order of Court dated December 11, 2006, as the result of an adjudication of contempt, and did not meet the condition of purge with respect to that sentence nor report to the Cumberland County Prison after a period of 30 days in accordance with the order, and it appearing further that the Plaintiff has been apprehended by law enforcement authorities on an unrelated matter and has been brought into court in this civil case pursuant to the Order of Court dated January 25, 2007, the Plaintiff is remanded to the Cumberland County Prison to serve the period of imprisonment provided for in the Order of Court dated December 11, 2006. Hy the. Court, ~ n ~ ~ t ,., s~ ~^ ~ r ~ ~r a~ ~~ L~) ~ ; c~ ~:..~ p ~ ~~ 6~-t Z . f Y Sheri D. Coover, 8squire 44 S. Hanover Street Carlisle, PA 17013 For Plaintiff v John J. Magan, Bsquire 35 East High Street Carlisle, PA 17013 (Courtesy copy) Defendants attorney `u Probation ~~ \~ Sherif f ~` victim Witneas ~~ CCP `~ :mae toP'~,~s nu-; lei ~ f ~~~~a MTD 4.5/21 GAS SNOWBLOWER /SNOW BLO~NER ,PULL START : - t~Bay (i em 30.. Page 1 of 3 ~ My e+3ay Sell Community Contact us Heip Welcome! Sign in or register. CATEGORIE'a FASHION lAQTORS DAILY DEALS CLASStF1ED5 'ti+; eE3ayBuyerProt2Ctiort Learn rm~re_ ~.: Back to previous page I Listed rn category: Home & Garden > Yard, Garden & Outdoor Living > Outdoor Power Equipment > Snow Blowers MTD 4.5121 GAS :iNOWBLOWER !SNOW 1, y I uy li BLOWER ,PULL START III Item Used condition: - `; ~' ,~' ; ~a - Price: US $145.00 ricAAa~~r ~ - ,_ ~.~ Odd to match list # ~ Shipping: Local peck-up offered. I See all details _ ~. ~ '~ r ,`f ~r~ ! ~'~ . See shlpp~ng vela w. a"^r ,...: ~ A Retums' No Retums Accepted a-m ~ T+,n A , k" Enlarge Description shipping and paytnet;ts Seller assumes alf responsibility for this listing. Item specifics Condition: Used ~~, e8ay Buyet~ Protection e8ay will cover your purchase price plus original shippin . Learn more Power: Gas Add to Watch list r.:i Top-rated seller -~~< leider4l (13303 i i) 99.9 ;% Positive feedback Canslstently receives highest buyers' ratings Ships items quickly Has earned a track record of excellent service Ask a question Save [his seller See other items ~tYoer item info It=_m rumber 310204424533 Ifam location. Shelby twp, MI, United States Ships to: Local pick-up only ?ayments PayPal, Pay on pickup See details Share Print Report item I..J http://Ggi.ebay.com/MTD-4-5-2 ~ -GAS-SNOWBLOWER-SNOW-BLOWER-PULL-STAR.. 8/8/2010 ELLEN JADE JANESKO, Plaintiff V. MICHAEL JAMES JANESKO, Defendant IN THE COURT OF COMMON PLEAS ( CUMBERLAND COUNTY, PENNSYLV. CIVIL ACTION - LAW Ds-.Ua NO. 05 3898 CIVIL TERM F'S PETITION FOR RECO1 FINDING OF CONTEMPT ORDER OF COURT AND NOW, this 180' day of August, 2010, upon consideration Petition for Reconsideration of Finding of Contempt, the motion is denied. BY THE COURT, ?Sheri D. Coover, Esq. 44 S. Hanover Street Carlisle, PA 17013 Attorney for Plaintiff ,-'fohn Mangan, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Defendant :rc S Ila //C) ?::rlwyi f! J ?. J. ,• esley Oler,L'Jr., J. stiff's Iw I .p STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT FILED-OFFICE 2011 JUL 22 PM 12: 27 CUMBERLAND COUN PENNSYLVANIA ELLEN JADE JANESKO, Plaintiff V. MICHAEL JAMES JANESKO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05 - 2513 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Defendant, Michael James Janesko, moves the Court to appoint a master with respect to the following claims: (X) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite (X) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The non-moving party has appeared in the action by her attorney, Sheri D. Coover, Esquire. (3) The statutory ground for divorce is 3301(d), two year separation. (4) The action is contested with respect to the following claim: equitable distribution of property. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one-half day. (7) Additional information, if any, relevant to the Motion: None. Respectfully submitted, WOLF & WOLF July 2011 BY:/l1J STACY B. OLF, ESQUIRE Supreme C rt I. D. No. 8873 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Attorney for Defendant STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT ELLEN JADE JANESKO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MICHAEL JAMES JANESKO, : NO. 05 - 2513 CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on the date indicated below, I caused a true and correct copy of the foregoing Motion for Appointment of Master to be mailed, by U. S. Mail, to the below-listed party, in the instant matter, addressed as follows: Sheri D. Coover, Esquire 44 S. Hanover Street Carlisle, PA 17013 Dated: JulyQ?c?, 2011 Stacy B. Wo Esquire Attorney for Defendant y ELLEN JADE JANESKO, Plaintiff V. MICHAEL JAMES JANESKO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05 - 2513 CIVIL TERM IN DIVORCE ORDER AND NOW this a5 day of 2011, ---, Esquire, is appointed Master with respect to the following claim: equitable distribution of property. BY THE COURT: J MOVING PARTY Name: Michael James Janesko Attorney's Name: Stacy B. Wolf, Esquire Attorney's Address: Wolf & Wolf 10 West High Street Carlisle, PA 17013 Attorney's Telephone No.: 717-241-4436 Attorney's E-Mail: stacybwolf@embargmail.com Cop. eS tKa. lea' NON-MOVING PARTY Name: Ellen jade Janesko c /Attorney's Name: ma) :rr=-n Sheri D. Coover, Esquire =r r-- -u Attorneys Address: CD -? 44 S. Hanover Street ' = - Carlisle, PA 17013 ' Attorney's Telephone No.: 717-960-0075 Attorney's E= Mail: shericoover@yahoo.com 2/L L r ILED-OFFIOE Sheri D. Coover, Esquire CiF THE MTHDNOTA" Attorney ID 93285 U11 AUG 25 PM 1', 33 44 S. Hanover Street Z Carlisle, PA 17013 T CUMBERLAND CU (717) 960-0075 A P Attorney for Plaintiff Ellen Jade Janesko ELLEN JADE JANESKO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL JAMES JANESKO, Defendant CASE NO. 2005-2513 : IN DIVORCE MOTION TO WITHDRAW ATTORNEY APPEARANCE AND NOW, comes Attorney Sheri Coover and files the following MOTION TO WITHDRAW AS COUNSEL and in support thereof avers as follows: 1. Undersigned counsel entered her appearance on behalf of the Plaintiff Ellen Jade Janesko in the above-mentioned captioned matter and represented the Plaintiff in a hearing before the Honorable Judge Oler concerning Plaintiff's alleged contempt of an Order issued by Judge Oler in the above-mentioned case and file a Motion in Reconsideration of the Judge's decision at that hearing. 2. Undersigned counsel has also represented the Defendant in extensive criminal proceedings which took place in the Cumberland County Court of Common Pleas. 3. Plaintiff Ellen Jade Janesko has not fulfilled her financial obligations under the Retainer Agreement that she entered into with Attorney Coover regarding payment for legal services provided to her by Attorney Coover. 4. The current outstanding balance for services performed is very high and Plaintiff has expressed that she is unable to provide payment to Attorney Coover for her services since Plaintiff is currently incarcerated and does not have a source of income. 5. Defendant Michael Janesko has recently filed for a Master to hear the claims regarding equitable distribution of the marital property. 6. Attorney Coover is unable to continue to provide financial services to the Plaintiff due to the current outstanding balance and Plaintiff's inability to provide payment as agreed upon. 7. The Honorable Judge Oler has previously been assigned to this case. 8. Attorney Stacy Wolf, counsel for Defendant Michael Janesko, has been contacted regarding this Motion. She has indicated that she concurs with the relief requested. WHEREFORE, undersigned counsel hereby requests that this Court grant her Motion to Withdraw as Counsel. submitted, , Iieri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 Attorney for Plaintiff Ellen Jade Janesko ELLEN JADE JANESKO, Plaintiff V. MICHAEL JAMES JANESKO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 2005-2513 : IN DIVORCE CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 12th day of July, 2011, I caused a copy of the foregoing motion to be served upon the following persons by United States First Class mail postage pre-paid addressed as follows: Stacy Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013 Ellen Jade Janesko Cumberland County Prison 1101 Claremont Road Carlisle, PA 17015 submitted, Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 ELLEN JADE JANESKO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MICHAEL JAMES JANESKO, c o Defendant NO. 05-2513 CIVIL TERM IN RE: MOTION TO WITHDRAW ATTORNEY APPEARANC q ORDER OF COURT z ? AND NOW, this 1St day of September, 2011, upon consideration of the X?btiCq Tar Withdraw Attorney Appearance, a Rule is hereby issued upon the Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days from the date of this order. BY THE COURT, J. ? Sheri D. Coover, Esq. 44 S. Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Stacy Wolf, Esq. 10 West High Street Carlisle, PA 17013 Attorney for Defendant Ellen Jade Janesko Cumberland County Prison pa( oqio o? :rc ELLEN JADE JANESKO, THE COURT OF COMMON PLEASC-OF,,,? c, Plaintiff CUMBERLAND COUNTY, PENN?z6YkAf3A'-1 CD - -0 VS. NO. 05 - 2513 CIVIL : C-13 r MICHAEL JAMES JANESKO, ? r-z Defendant IN DIVORCE < a -? t- ORDER OF COURT AND NOW, this RO day of 2011, Ellen Jade Janesko is scheduled for a pre-hearing conference at the Cumberland County Divorce Master's Office on Thursday, September 22, 2011, to begin at 9:30 a.m. It is ordered and directed that Ellen Jade Janesko be available by telephone to participate in the pre-hearing conference at the Muncy State Correctional Institution in Muncy, Pennsylvania. It is anticipated that the duration of the conference will be at least one hour. BY THE COURT, Kev' A. Hess, P.J. cc: Ellen Jade Janesko,Plaintiff O A t?jrl M6"'d ? Stacy B. Wolf, Attorney for Defendant State Correction Institute Muncy -XCd ?? ?? Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 T? L ? d j (717) 960-0075 Attorney for Plaintiff Ellen Jade Janesko ?- ti . ELLEN JADE JANESKO, IN THE COURT OF COMMON PLEAS~ Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 2005-2513 MICHAEL JAMES JANESKO, Defendant IN DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Movant, Sheri D. Coover, Esquire and avers as follows: 1. On August 25, 2011, Sheri D. Coover, Esquire filed a Motion to Withdraw as Counsel in the above-captioned matter. 2. A Rule to Show Cause was issued on September 1, 2011, upon Defendant to show why Movant should not be permitted to withdraw as counsel for Plaintiff, Ellen Jade Janesko 3. On August 25, 2011, a copy of the Motion to Withdraw as Counsel was sent to Plaintiff at the Cumberland County Prison by first class mail, postage prepaid. (Plaintiff was an inmate at the Cumberland County Prison at that time.) 4. On September 1, 2011, a copy of the Order of Court dated September 1, 2011 was sent to Plaintiff by the Court by first class mail, postage prepaid to Plaintiff at the Cumberland County Prison. 5. The Rule issued by the Court granted the Plaintiff and opposing counsel fourteen days to show why the relief requested by the Plaintiff should not be granted. 6. More than fourteen days have elapsed from the date of service on Plaintiff and she has not filed a response to the Rule to Show Cause or Order of Court. WHEREFORE, undersigned counsel respectfully requests that this Honorable Court grant her request to withdraw as counsel in this matter. Ily submitted, rc e ri? Coover, Esquire aringi & Scaringi, P.C.` 44 S. Hanover Street Carlisle, PA 17013 Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 Attorney for Plaintiff Ellen Jade Janesko ELLEN JADE JANESKO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL JAMES JANESKO, Defendant CASE NO. 2005-2513 IN DIVORCE CERTIFICATE OF SERVICE IOC I, Sheri D. Coover, Esquire hereby certify that on this OP day of October, 2011, 1 caused a copy of Movant's Motion to Make Rule Absolute to be served upon Defendant by serving his attorney of record and Plaintiff by United States first class mail, postage prepaid at the following addresses: Stacy Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013 Ellen Jade Janesko Muncy State Correctional Facility Inmate #OR7561 PO Box 180 Muncy, PA 17756 Ily submitted, Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 Attorney for Plaintiff Ellen Jade Janesko ELLEN JADE JANESKO IN THE COURT OF COMMON PLFzAS , Plaintiff CUMBERLAND COUNTY, a :PENNSYLVANIA M ° V . CASE NO. 2005-2513 c w MICHAEL JAMES JANESKO, <?. C- 4 Defendant IN DIVORCE mac, C N ORDER - AND NOW, this 1 day of 2011, upon consideration of the MOTION TO WITHDRAW AS COUNSEL and COUNSEL'S MOTION TO MAKE RULE ABSOLUTE, it is hereby Ordered that the Motion is hereby GRANTED and Attorney Coover is hereby withdrawn as counsel for Plaintiff Ellen Jade Janesko. Date: /2 4 -? ° t I - Distribution List: ?Sheri D. Coover, Esquire, Attorney for Plaintiff Ellen Jade Janesko 44 S. Hanover Street, Carlisle, PA 17013 ./ Stacy Wolf, Esquire, Attorney for Defendant Michael James Janesko Wolf & Wolf, 10 West High Street, Carlisle, PA 17013 ? Ellen Jade Janesko, Plaintiff Muncy State Correction Facility, Inmate #OR 7561, PO Box 180, Muncy, PA 17756 c9 ? rte: ter.. J4? Copies M? led ?o%111 ag STACY B.WOLF,ESQUIRE { e FI f, ATTORNEY ID NO.88732 THE O(HONO�TAR WOLF&WOLF 10 WEST HIGH STREET 2013 JUN 25 PM 4: 25 CARLISLE,PA 17013 (717)241-4436 CUMBERLAND GNTY ATTORNEY FOR DEFENDANT ELLEN JADE JANESKO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW MICHAEL JAMES JANESKO, : NO. 05-2513 CIVIL TERM Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) or (d) of the Divorce Code was filed in this matter on or about May 16,2005 and served upon defendant on or about May 24,2005. 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. ,2013 µ i3 ELLEN JAD AN KO ELLEN JADE JANESKO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION- LAW MICHAEL JAMES JANESKO, : NO. 05-2513 CIVIL TERM N 0 Defendants —+ ? C's+ t^ WAIVER OF NOTICE OF INTENTION TO RE UEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property,lawyer's fees or expenses.if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 2013 ELLEN JADE JAMESKIJ STACY B.WOLF,ESQUIRE { _ , ATTORNEY ID NO.88732 �• , 10 WEST HIGH STREET L PR Fnii CARLISLE PA 17013 241-4436 ATT t 13 JUN 25 PH 4: 25 ATTORNEY FOR DEFENDANT 1 ELLEN JADE JANESKO, : IN THE COURT OF CO1VWUi`d1k�F Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW MICHAEL JAMES JANESKO, : NO. 05-2513 CIVIL TERM Defendant DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) or (d) of the Divorce Code was filed in this matter on or about May 16,2005 and served upon defendant on or about May 24,2005. 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. 2013 MICHAEL JAWS fANES.Kb `E THE RQn,TJ I ELLEN JADE JANESKO, : IN THE COURT OF COMA (4N V ,5S ANA 2 Plaintiff : CUMBERLAND COUNTY, PENNSYLV I CUMBERLAND COUNTY V. : CIVIL ACTION - LAW PENNSYLVANIA MICHAEL JAMES JANESKO) : NO. 05-2513 CIVIL TERM Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property,lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 124 -,2013 MICHAEL JANO JAXESK0 ELLEN JADE JANESKO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. . NO: 05 - 2513 CIVIL MICHAEL JAMES JANESKO, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of 2013, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated June 24, 2013, 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, Kev' A. Hess, P.J. CC: � Ellen Jade Janesko (Pro Se) Plaintiff ,---Stacy B. Wolf Attorney for Defendant t772 113 -03: C'j C �� C rs MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this AJ 'day of June,2013,by and between MICHAEL J. n -- I - JANESK0 (hereinafter referred to as "HUSBAND") and ELLEN J.JANESKO (herlaftg —n, j 01 C.%j =---r! MCD (— . referred to as "WIFE"). =M <-- WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married*j�- December 14, 1992; and 5-c; WHEREAS,diverse,unhappy differences, disputes and difficulties have arisen bdw' eea-the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between,each other,including,without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW,THEREFORE,in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto,HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the parties. 2. The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged into the decree,.but shall survive the same and shall be binding and conclusive on the parties for all time. 3. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose-of this agreement to set forth the respective tights and duties of the parties while they continue to live apart from each other. 4. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard,with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 5. Further,the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy,injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment,profession,business or other activity as he or she may deem advisable for his or her sole use and benefit without interference from the other party. Neither party shall contact the other at their place of employment except in legitimate emergency situations. Neither party shall interfere with the uses,ownership, enjoyment or disposition of any property now owned And not specified herein or property hereafter acquired by the other. 6. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 7. Except as herein provided, the parties agree that they have previously divided their personal property to their mutual satisfaction. No payment shall be made by either party to the other as a result of the division of property contained herein.The parties agree that this division is fair and equitable,and is voluntary and made without duress by or upon either party. The parties further agree that henceforth,each of the parties shall own,have and enjoy independently of any claim or right of the other party, all items of personal property of every kind,nature and description and wherever situated,which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE,with full power to the HUSBAND or WIFE to dispose of same as fully and effectually,in all respects and for all purposes as if he or she were unmarried. The following division of specific items of personal and real property will be equitably distributed as follows: A. REAL)ESTATE: i. WIFE agrees to and does hereby release any claim she may have to HUSBAND all her right, title and interest in the marital home,located at 3966 Enola Road,Newville, Cumberland County,Pennsylvania. WIFE is releasing her interest in the marital residence in exchange for HUSBAND's agreement to take over any and all outstanding debts and liabilities secured against the residence and his agreement to indemnify her against such debts and liabilities. WIFE also agrees to sign any documentation necessary to allow her name to be removed from the home mortgage. B. PERSONAL PROPERTY: i. The parties agree that they have equitably divided all of their vehicles, furniture, household goods, appliances and personal belongings to their mutual satisfaction and HUSBAND releases to WIFE all the personal property in WIFE'S possession and WIFE releases to HUSBAND all the personal property in HUSBAND'S possession. However, HUSBAND will make arrangements to provide to WIFE her toy chest and any other personal property of hers left at the residence if HUSBAND can locate the same. C. RETIREMENT:The parties hereby stipulate and agree HUSBAND shall keep all of his own retirement accounts and that all of HUSBAND'S retirement accounts shall be the sole and exclusive property of HUSBAND. D. OTHER CLAIMS: i. HUSBAND agrees that he is waiving any claim he has to the approximately $221,000.00 in withdrawals of his premarital funds made by WIFE. ii, HUSBAND agrees that,he is waiving any claim he has to the return of items and/or payment of value contained in judge Oler's Orders of Court dated March 23, 2006 and December 11, 2006. iii. HUSBAND AND WIFE agree that the criminal restitution owed by WIFE to HUSBAND in the amount of$197,228.44 pursuant to the Sentencing Order of Court dated v June 21,2011 will remain in full force and effect and shall in no way be affected by this agreement. E. DEBTS: Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than that which is in this agreement on which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 8. INCOME TAX RETURNS: In 2013, and thereafter, the parties shall prepare and file separate income tax returns. 9. SPOUSAL SUPPORT AND ALIMONY: In consideration of the mutual agreement of the parties,HUSBAND and WIFE agree to mutually waive any and all financial support including alimony, spousal support, counsel fees and court cost payments to each other and agree not to request or seek to obtain alimony or spousal support before or after any divorce which may be granted. 10. LIFE INSURANCE: HUSBAND and WIFE agree that each may change the beneficiary on his or her own policy and may choose whether or not to continue the policy. 11. BREACH: In the event of the breach of this agreement by either party,and the unreasonable failure of either party to remedy such breach after thirty days written notice to the breaching party, the nonbreaching party shall have the right to seek monetary damages for such breach,where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement,where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 12. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute,acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this agreement. 13. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect have been fully explained to the parties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily. Both parties have had adequate opportunity to review this agreement with independent legal counsel and have either done so or voluntarily chosen not to do so. HUSBAND's attorney is Stacy B. Wolf,Esquire and WIFE has been informed that she is entitled to have independent counsel review this agreement on her behalf and has either done so or has chosen not to do so. 14. ENTIRE AGREEMENT: This agreement contains the entire understanding of the pat-ties and there are no representations,warranties, covenants or undertakings other than those expressly set forth herein. 15, APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 16. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 17. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein,each party may dispose of his or her property in any way,and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire,under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship,including without limitation,dower,curtesy, statutory allowance, widow's allowance,right to take in intestacy,right to take against the Will of the other,and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests,rights and claims. J ^ W IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESSES: . , (SEAL) MICHAEL J.JAADWO �- Q Q 0/V�Q-Ofa�3�0 (SEAL) ELLEN J J A ESK STACY B.WOLF,ESQUIRE ATTORNEY ID NO.88732 10 WEST HIGH STREET CARLISLE PA 17013 rrj CU (717)Z414436 =rrI cc—: Fri ATTORNEY FOR DEFENDANT X-0 r— --,,r- Cn f— CD < ELLEN JADE JANESKO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA :z: V. CIVIL ACTION-LAW MICHAEL JAMES JANESKO, NO.05-2513 CIVIL TERM Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record,together with the following information,to the court for entry Of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about May 24, 2005, defendant was served with a copy of the divorce complaint. See Certificate of Service filed June 6, 2005. 3. Complete either paragraph (a) or(b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff.June 24,2013 By the defendant:June 24,2013 (b)(1) Date of execution of the affidavit required,by Section 3301(d) of the Divorce Code: n/a (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 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 plaintiffs Waiver of Notice M' Section 3301(c) divorce was filed with the Prothonotary.June 25,2013 Date defendant's Waiver of Notice in Section 3301(c)Divorce was filed with the Prothonotary:June 25,2013 July,�,2013 STACY OLF Attorne r Defendant IN THE COURT OF COMMON PLEAS OF Ellen Jade Janesko : CUMBERLAND COUNTY, PENNSYLVANIA V. Michael James Janesko : , NO. 2005-2513 , DIVORCE DECREE AND NOW, _ ;.�,.. f b Z 013 , it is ordered and decreed that Ellen Jade Janesko , plaintiff, and Michael James Janesko , 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.") The Marital Settlement Agreement executed June 24, 2013 is hereby incorporated u not merged into the decree. By the Court, Attest: J. Prot onotary pop- Oed* Copy mr? eW *I-o ,P l f?r ormy ef r pj