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HomeMy WebLinkAbout06-2533DIANE L. DOMANSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 0? "aS33 C l vc???Lr? JAMES J. DOMANSKI, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce, or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Perry County Courthouse, New Bloomfield, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. MIDPENN LEGAL SERVICES 213A NORTH FRONT STREET HARRISBURG, PA 17101 (800) 932-0356 DIANE L. DOMANSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 0(? - •S 3 Cc, ?? t t/L? l JAMES J. DOMANSKI, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant DIVORCE COMPLAINT WITH EQUITABLE DISTRIBUTION CLAIM The Plaintiff, Diane Domanski, by and through her attorneys, The Law Offices of Patrick F. Lauer, Jr., makes the following Complaint in Divorce: COUNT I-NO FAULT DIVORCE--§§ 3301(c) or 3301(d) The Plaintiff, Diane L. Domanski is an adult individual currently residing at 123 Eighth Street, Second Floor, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendant, James R. Domanski is an adult individual currently residing at 7720 Alvamar Court, Pickerington, Ohio 43147. 3. The Plaintiff has been a bona fide resident of the Commonwealth for at lease six months. 4. The parties were married on December 24, 1985, in Pittsburgh, Pennsylvania. 5. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. This action is not collusive. WHEREFORE, the Plaintiff requests this Honorable Court enter a decree of Divorce in this matter COUNT II-EQUITABLE DISTRIBUTION--§ 3502(a) 9. Paragraphs one (1) through eight (8) of this Complaint are incorporated herein by reference as if set forth specifically below. 10. During the course of the marriage, the parties acquired property and incurred debt, titled jointly, individually, or both, which remains in possession of the individual parties. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to equitably divide, distribute, or assign the marital property between the parties in such proportion as the court deems just after consideration of all relevant factors and thereby enter an order of equitable distribution of marital property pursuant to §3502(a) of the Divorce Code. COUNT III-REQUEST FOR ALIMONY PENDETE LITE AND ALIMONY PURSUANT TO SECTIONS 3701(a) and 3702 OF THE DIVORCE CODE 11. Paragraphs one (1) through (10) of this Complaint are incorporated herein by reference as if set forth specifically below. 12. Plaintiff is unable to sustain herself during the course of litigation. 13. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 14. Plaintiff requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. WHERFORE, Plaintiff respectfully requests this Honorable Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. Respectfully submitted, i hang M. Pu , Es ' it Law Offices of Pa ' k F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011 Date:) ^ ID# 200952 Tel. (717) 763-1800 DIANE L. DOMANSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. JAMES J. DOMANSKI, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant NOTICE TO THE DEFENDANT IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTERAFFIDAVIT WITHIN TWENTY (20) DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on July 12, 2002, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. DATE: 5 )O k' L Diane L. Domanski DIANE L. DOMANSKI, Plaintiff VS. JAMES J. DOMANSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION- AT LAW- IN DIVORCE VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date: 5 N Signature: Diane L. Domanski A O 'U C9 }? y ^Q r ? b v r< DIANE L. DOMANSKI, Plaintiff: V. JAMES J. DOMANSKI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 06-2533 CIVIL ACTION - LAW IN DIVORCE ANSWER TO COMPLAINT IN DIVORCE AND COUNTERCLAIM AND NOW, comes the Defendant, James J. Domanski, by and through his attorney, Melanie L. Erb, Esquire, and the law firm of Scaringi & Scaringi, P.C., who files this Answer to Complaint in Divorce and Counterclaim and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. It is denied that this marriage is irretrievably broken. 7. Admitted. 8. Admitted. WHEREFORE, the Defendant respectfully requests this Honorable Court deny Plaintiff's request to enter a Decree in Divorce in this matter. COUNT II - EQUITABLE DISTRIBUTION - Sec. 3502 (a) 9. Paragraphs 1 thru 8 of Defendant's Answer to Complaint in Divorce are incorporated herein by reference as if set forth in its entirety. 10. Admitted. WHEREFORE, the Defendant respectfully requests this Honorable Court deny Plaintiff s request to equitably distribute the marital property of the parties pursuant to Section 3502(a) of the Divorce Code. COUNT III - REQUEST FOR ALIMONY PENDENTE LITE AND ALIMONY PURSUANT TO SECTIONS 3701(a) and 3702 OF THE DIVORCE CODE 11. Paragraphs 1 thru 10 of Defendant's Answer to Complaint in Divorce are incorporated herein by reference as if set forth in its entirety. 12. Denied. To the contrary, Plaintiff works and receives income from her work in a sufficient amount to sustain herself during the course of the litigation. 13. Denied. To the contrary, Plaintiff owns sufficient property to provide for her reasonable needs and is able to sustain herself through appropriate employment. 14. Paragraph 14 contains a prayer for relief to which no response is required. WHEREFORE, the Defendant respectfully requests that this Honorable Court deny Plaintiffs request for Alimony Pendente Lite and Alimony. COUNTERCLAIM COUNT I Request for Alimony Pendente Lite and Alimony Under 3104, 3701, 3702 and 3704 of the Divorce Code 15. The prior paragraphs of this Answer are incorporated herein by reference as if set forth in full. 16. Defendant is unable to sustain himself during the course of the litigation. 17. Defendant lacks sufficient property to provide for his reasonable needs and is unable to sustain himself through appropriate employment. 18. Plaintiff has the means and ability to pay Alimony Pendente Lite and Alimony to Defendant. WHEREFORE, Defendant requests the Court to enter an award of Alimony Pendente Lite until final hearing and thereupon to enter an Order of alimony in his favor. COUNTERCLAIM COUNT II Request for Counsel Fees, Costs and Expenses Under 3104, 3323, 3502 (e) and 3702 of the Divorce Code 19. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference as if set forth in full. 20. Defendant has employed Melanie L. Erb, of the law firm of Scaringi & Scaringi, P.C., to represent him in this matrimonial cause. 21. Defendant is unable to pay the necessary counsel fees, costs and expenses and Plaintiff is more than able to pay them. WHEREFORE, reserving the right to apply to the Court for temporary counsel fees, costs and expenses, prior to final hearing, Defendant requests that, after final hearing, the Court order Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. Respectfully submitted, 1omev . Erb for Defendant Supreme Court ID No. 84445 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 103 Harrisburg, PA 17110 717-657-7770 , , . a VERIFICATION I, James J. Domanski, verify that the statements made in the foregoing Answer to Complaint in Divorce and Counterclaim are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. (?- ? ? - door Date es J. Do anski DIANE L. DOMANSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff: : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.: 06-2533 JAMES J. DOMANSKI, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Debra L. Logan, Paralegal for Scaringi & Scaringi, P.C., do hereby certify that a copy of the Answer to Complaint in Divorce and Counterclaim in the above-captioned action has been duly served upon the counsel for the Defendant, Diane L. Domanski, on July 6, 2006, by depositing same in the United States Mail, First Class, Postage Prepaid, and addressed as follows: Shana M. Pugh, Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, PA 17011 Date: July 6, 2006 Debra L. Logan DIANE L. DOMANSKI, Plaintiff V. JAMES J. DOMANSKI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2533 CIVIL ACTION -LAW IN DIVORCE PETITION FOR RULE TO SHOW CAUSE AND NOW, comes the Petitioner, Melanie L. Erb, Esquire, of Scaringi & Scaringi, P.C. who respectfully moves the Court as follows: 1. Petitioner represents Defendant, James J. Domanski, in the above-captioned action. 2. Petitioner requests permission to withdraw as counsel in the above-captioned action. 3. Defendant refuses to communicate with Petitioner. 4. On or about July 7, 2006, Petitioner's office sent the Defendant, Plaintiff s First Set of Interrogatories. 5. The answers to the Interrogatories were due on or about August 7, 2006. 6. Defendant did not complete and return the Interrogatories by August 7, 2006. 7. Petitioner then requested and was granted a thirty-day extension in hopes that Defendant would contact her regarding the Interrogatories. 8. Petitioner's office continuously tried to contact the Defendant. 9. On or about August 11, 2006, Petitioner's office was able to speak with the Defendant via the telephone. 10. During the August 11, 2006, conversation, Defendant advised Petitioner's office that if he received the Interrogatories via e-mail he would be able to complete and return them to Petitioner's office. 11. On or about August 15, 2006, the Defendant informed Petitioner's office that the Interrogatories were complete and he would mail them to Petitioner's office immediately. 12. The Defendant has failed to send Petitioner's office his answers. 13. Petitioner's office tried to contact the Defendant on August 23, 2006 and August 31, 2006 via e-mail, and the Defendant has failed to respond. 14. In a letter dated September 12, 2006, Petitioner informed the Defendant that he was granted an additional two weeks in which to submit his answer. 15. Petitioner also informed the Defendant that the answers are due on September 20, 2006. 16. Also in the September 12, 2006, letter, Petitioner told the Defendant that she needed to receive the answers to the Interrogatories from him by September 18, 2006 or she would withdraw from the case. 17. The Defendant has not contacted Petitioner's office as of the date of this Petition. 18. Petitioner's office has not received the Defendant's answers to the Interrogatories as of the date of this Petition. 19. Defendant has repeatedly failed to or refused to communicate with Petitioner. 20. Petitioner requests Defendant show cause as to why she should not be permitted to withdraw as Defendant's counsel in the above-captioned matter because Defendant fails or refuses to communicate with Petitioner WHEREFORE, the undersigned counsel respectfully requests that this Honorable Court require the Defendant, James J. Domanski, show cause as to why Petitioner should not be permitted to withdraw as Defendant's counsel in the above-captioned action. Respect lly submitted, M e A rney for the Defendant Supreme Court ID NO. 84445 Scaringi & Scaringi, PC 2000 Linglestown Road, Suite 103 Harrisburg, PA 17110 717-657-7770 ct? CD -o c3 DIANE L. DOMANSKI, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2533 CIVIL CIVIL ACTION - LAW JAMES J. DOMANSKI, DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 25th day of September, 2006, upon consideration of the Petition to Withdraw as Counsel filed by the Petitioner, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the Petitioner should not be granted permission to withdraw as counsel of record; 2. The Defendant will file an answer on or before October 16, 2006; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. 4. Notice of entry of this order shall be provided to all parties by the Petitioner. By the Court, 'N?\ ?-t M. L. Ebert, Jr., J. Melanie L. Erb, Esquire Petitioner (q- df ' () 0 ' Shana M. Pugh, Esquire For Diane L. Domanski, Plaintiff S James J. Domanski, Defendant bas 1 :1 Wd SZ d3S OPfl0Z DIANE L. DOMANSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2533 JAMES J. DOMANSKI, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Valerie J. Jackson, law clerk for Scaringi & Scaringi, P.C., do hereby certify that a copy of the Petition for Rule to Show Cause with attached Order of Court in the above-captioned action has been duly served upon James Domanski, on October 6, 2006, by depositing same in the United States Mail, First Class, Postage Prepaid, and by depositing same in the United States Mail, First Class, Postage Prepaid, Certified Mail, Item Number 7005 1160 0002 3036 2475 and addressed as follows: James Domanski 7720 Alvamar Court Pickerington OH 43147 Date: October 6, 2006 az , ?' /' Valerie J Ja so ? ?.' ?.?? -,-? 4 1 .t t` ? ?? s= r --? zr? _ --ry ?,? ;:.- f r :_'3 DIANE L. DOMANSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2533 JAMES J. DOMANSKI, CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Valerie J. Jackson, law clerk for the Law Firm of Scaringi & Scaringi, P.C., hereby certify that I served a true and correct copy of the foregoing Petition for Rule to Show Cause and Order of Court by placing said Order in the United States Regular Mail, postage prepaid to the following person at the following address and on the date set forth below: Shana M. Pugh, Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, PA 17011 Date: October 6, 2006 Valerie J)4 k n PJ °. : ? ? ?. ?i? ? ._.- "° j L.,.r ^ ? t ?...`: -° ?',? _. ?! --; DIANE L. DOMANSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2533 JAMES J. DOMANSIG CIVIL ACTION -LAW Defendant IN DIVORCE PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Petitioner, Melanie L. Erb, Esquire, of Scaringi & Scaringi, P.C., who petitions the Court as follows: 1. On or about September 20, 2006, the enclosed Petition for Rule to Show Cause was filed with the Cumberland Court. (A true and correct copy of said Petition is attached, incorporated herein by reference, made a part hereto and marked as Exhibit A). 2. On or about September 25, 2006, this Court issued a Rule upon the Defendant, James J. Domanski, ordering the Defendant to file an Answer to said Petition by October 16, 2006. (A true and correct copy of said Order is included in Exhibit A). 3. On or about October 6, 2006, Petitioner sent Defendant a copy of the Petition for Rule to Show Cause and the Order of Court via Certified Mail as evidenced by the Certified Mail Receipt. (A true and correct copy of Certified Mail Receipt is attached as Exhibit B.) 4. On or about October 6, 2006, Petitioner sent Defendant a copy of the Petition for Rule to Show Cause and the Order of Court via U.S. First Class Mail as evidenced by the Certificate of Mailing. (A true and correct copy of the Certificate of Mailing is attached as Exhibit C.) 5. On or about October 20, 2006, Defendant received a copy of the Order via Certified Mail as evidenced by the Domestic Return Receipt. (A true and correct copy of the Domestic Return Receipt is included in Exhibit D). 2. As of Monday, October 30, 2006, Defendant has not filed an Answer to said Petition and Order. WHEREFORE, Petitioner, Melanie L. Erb, Esquire, requests the Rule be made absolute and an Order be entered allowing Petitioner to withdraw her representation of the Defendant, James J. Domanski, in the above-captioned action Cumberland County, Pennsylvania. II/loco Dat Respec ully submitt anie L. Erb Attorney for Plaintiff Supreme Court ID No. 84445 2000 Linglestown Road, Suite 103 Harrisburg, PA 17110 717-657-7770 DIANE L. DOMANSKI, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2533 CIVIL : CIVIL ACTION -LAW JAMES J. DOMANSKI, DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 25th day of September, 2006, upon consideration of the Petition to Withdraw as Counsel filed by the Petitioner, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the Petitioner should not be granted permission to withdraw as counsel of record; 2. The Defendant will file an answer on or before October 16, 2006; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. 4. Notice of entry of this order shall be provided to all parties by the Petitioner. By the Court, Melanie L. Erb, Esquire Petitioner Shana M. Pugh, Esquire For Diane L. Domanski, Plaintiff James J. Domanski, Defendant bas * V-t u..-A M. L. Ebert, Jr., J. FRIM .00 ` ?, f Itt?'e ,?ID!lf. =ftof satd C << r It cxHIR iT A DIANE L. DOMANSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2533 JAMES J. DOMANSIHI CIVIL ACTION -LAW Defendant : IN DIVORCE ORDER AND NOW, this day of , 2006, upon consideration of the foregoing petition, it is hereby ordered that (1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) the respondent shall file an answer to the petition within days of this date; (3) the petition shall be decided under Pa.R.C.P. No. 206.7; and (4) notice of entry of this order shall be provided to all parties by the petitioner. BY THE COURT: J. DIANE L. DOMANSHI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-2533 • C= Cr% O JAMES J. DOMANSIU, : CIVIL ACTION - LAW C„ r^ Defendant : IN DIVORCE ma -0 PETITION FOR RULE TO SHOW CAUSE AND NOW, comes the Petitioner, Melanie L. Erb, Esquire, of Scarin gi & Sc C_ who respectfully moves the Court as follows: 1. Petitioner represents Defendant, James J. Domanski, in the above-captioned action: 2. Petitioner requests permission to withdraw as counsel in the above-captioned action. 3. Defendant refuses to communicate with Petitioner. 4. On or about July 7, 2006, Petitioner's office sent the Defendant, Plaintiffs First Set of Interrogatories. 5. The answers to the Interrogatories were due on or about August 7, 2006. 6. Defendant did not complete and return the Interrogatories by August 7, 2006. 7. Petitioner then requested and was granted a thirty-day extension in hopes that Defendant would contact her regarding the Interrogatories. 8. Petitioner's office continuously tried to contact the Defendant. 9. On or about August 11, 2006, Petitioner's office was able to speak with the Defendant via the telephone. 10. During the August 11, 2006, conversation, Defendant advised Petitioner's office that if he received the Interrogatories via e-mail he would be able to complete and return them to Petitioner's office. 11. On or about August 15, 2006, the Defendant informed Petitioner's office that the Interrogatories were complete and he would mail them to Petitioner's office immediately. 12. The Defendant has failed to send Petitioner's office his answers. 13. Petitioner's office tried to contact the Defendant on August 23, 2006 and August 31, 2006 via e-mail, and the Defendant has failed to respond. 14. In a letter dated September 12, 2006, Petitioner informed the Defendant that he was granted an additional two weeks in which to submit his answer. 15. Petitioner also informed the Defendant that the answers are due on September 20, 2006. 16. Also in the September 12, 2006, letter, Petitioner told the Defendant that she needed to receive the answers to the Interrogatories from him by September 18, 2006 or she would withdraw from the case. 17. The Defendant has not contacted Petitioner's office as of the date of this Petition. 18. Petitioner's office has not received the Defendant's answers to the Interrogatories as of the date of this Petition. 19. Defendant has repeatedly failed to or refused to communicate with Petitioner. 20. Petitioner requests Defendant show cause as to why she should not be permitted to withdraw as Defendant's counsel in the above-captioned matter because Defendant fails or refuses to communicate with Petitioner WHEREFORE, the undersigned counsel respectfully requests that this Honorable Court require the Defendant, James J. Domanski, show cause as to why Petitioner should not be permitted to withdraw as Defendant's counsel in the above-captioned action. Respect lly submitted, zo /,.I-- -y4r M eLI. A mey for the Defendant Supreme Court ID NO. 84445 Scaringi & Scaringi, PC 2000 Linglestown Road, Suite 103 Harrisburg, PA 17110 717-657-7770 Y \ 'D ,-n -!- omestic Mail Only; No Ins urance Cover age Provided) r u • delivery I 0 $ ?o Postage ru O Certified Fee CT ° Return Receipt Fee -006 O & O (Endorsement Regwred) H O Restricted Delivery Fee _a (Endorsement Required) r-l Total Postage & Fees Ln U8PS ° Sent To }} Sheet Apt.. No.; O I ?/?? or PO Box No. ? 70? Vic !_:-t?!5j--- ...... -----------------------?------------------------- /? /? ?/ Cify, State, ZIP+4 T ! C !lC [/ i? i l? A Tv?? 7 ,31 e-1 7 ,r-X#1617- 9 Marc A. Scaringi Melanie Walz Scaringi Melanie L. Erb Caringi caringi Attorneys and, Counselors at Law A Professional Corporation Debra L. Logan Paralegal October 6, 2006 VL4 CERTIFIED MAIL AND US FIRST CLASS James Domanski 7720 Alvamar Court Pickerington OH 43147 RE: Domanski v. Domanski/Civil Action-In Divorce/No. 06-2533 Dear Mr. Domanski: Constituting service upon you, enclosed herewith please find. a Petition for Rule to Show Cause and an Order of Court with regard to the above-captioned matter. Thank you. MLE:vjj Enclosures: Petition for Rule to Show Cause Order of Court Certificate of Service 2000 Linglestown Road, Suite 103 • Harrisburg, PA 17110 Phone (717) 657-7770 • Fax (717) 657-7797 www.sr-aringaaw.com C,XWJT B U.S. POSTAL SSkOiCE • CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER From: /? _ ,Y-I ? A , 4 ?gURG, A,q One piece of ordinary ma' added to: - "?"?+v JAM)0's -ld -71 ?/?f ver, 416W Jr-)l ale PS Form 3817, January 2001 0l? Q - * V1 vt s- A- 0 00 00 -? ?JNITE?j„ ;U © ?W To C SO i y8 C)f o" (I I w -t OS v --? C) 'mod C7 0 00.0• Marc A. Scaringi i Caringi Melanie ?Valz Scaringl Attorneys and Counselors at Law Debra L. Logan Melanie L. Erb A Professional Corporation Paralegal October 6, 2006 VIA CERTIFIED MAIL AND US FIRST CLASS James Domanski 7720 Alvamar Court Pickerington OH 431.47 RE: Domanski v. Domanski/Civil Action-In Divorce/No. 06-2533. Dear Mr. Domanski: Constituting service upon you, enclosed herewith please find. a Petition for Rule to Show Cause and an Order of Court with regard to the above-captioned matter. Thank you. Sincerely, Me 'e . Erb MLE:vjj Enclosures: Petition for Rule to Show Cause Order of Court Certificate of Service 2000 Linglestown Road, Suite 103 - Harrisburg, PA 17110 Phone (717) 657-7770 - Fax (717) 657-7797 www.scaringflaw.com carin?i tom' ?a I • ¦ 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 if space permits. 1. Article Addressed to: JQ,meS -Do-mangy 7720 4Iv???? ??? ke r; ? ?n L ? y3/?/7 A. X to ? Agent ? Addraeee Received by (Printed Name) C. Date of Delimy /A- `44,C D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type ? Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7005 1160 0002 3036 2475 (Transfer from service MW PS Form 3811, February 2004 Domestic Aetum Receipt L01431r P 102595-02-M-1540 rn t _ NOV 0 3 2006A DIANE L. DOMANSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2533 JAMES J. DOMANSKI CIVIL ACTION -LAW Defendant IN DIVORCE ORDER th AND NOW, this day of M dv L"t,i , 2006, it is hereby ORDERED AND DECREED that Petitioner, Melanie L. Erb, Esquire, is granted leave to withdraw as legal counsel for and no longer represent Defendant, James J. Domanski, in the above-captioned matter. BY THE COURT 0 :J r?. A*jf 0.3 f9 DIANE L. DOMANSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-2533 JAMES J. DOMANSKI, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant/Respondent : PLAINTIFF'S MOTION FOR AN ORDER TO COMPEL DEFENDANT TO ANSWER INTERROGATORIES AND PRODUCE REQUESTED DOCUMENTS The Plaintiff, Diane Domanski, by and through her attorneys, The Law Offices of Patrick F. Lauer, Jr., L.L.C., hereby moves this Court to enter an Order pursuant to Pa.R.C.P. 1930.5(b) and 4019(a)(1)(i) for failure of Defendant, James J. Domanski, to answer Interrogatories and in support thereof avers as follows: 1. Petitioner is the Plaintiff, Diane Domanski. 2. Respondent is the Defendant, James Domanski. 3. On May 5, 2006, Plaintiff filed a Complaint for a Divorce under §3301(c) & (d) along with counts for economic relief. 4. Defendant filed an answer and counterclaim July 2006. 5. Plaintiffs first set of Interrogatories to Defendant were mailed to defendant's counsel on July 6, 2006. At the request of defendant's counsel, plaintiff granted an extension for answering the interrogatories. See attached Exhibit "A". 6. Defendant's counsel was granted leave to withdraw as counsel for defendant on November 6, 2007. 7. Plaintiff again sent defendant interrogatories along with a request for production of documents on July 24, 2007, this time the request was sent via restricted mail and regular first class mail-the restricted mail was returned to plaintiff's counsel as "unclaimed" and the regular mail was not returned. See attached Exhibit "B". 8. Plaintiff has not received any verified answers to the Interrogatories or any requested documents. 9. Plaintiff is entitled to answers to her Interrogatories and the requested documents because the information is relevant to the counts for economic relief. 10. Plaintiff has made a good faith effort to resolve this discovery dispute. 11. The only order previously issued in this case was the order allowing defendant's counsel to withdraw, the order was issued by the Honorable M.L. Ebert on November 6, 2006. WHEREFORE, plaintiff, Diane Domanski, respectfully requests this Honorable Court to order Defendant, James Domanski, to provide verified answers to plaintiff's interrogatories and to produce the requested documents within (20) days. Respectfully subn Marlin ey, Esquire La ffice of Patrick F. Lauer, Jr., L.L.C. 2108 Marke treet, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: November 6, 2007 ID# 84745 Tel. (717) 763-1800 THE LAW OFFICES OF PATRICK F. LAUER, JR., L.L.C. 2108 MARKET STREET, AZTEC BUILDING CAMP HILL, PENNSYLVANIA 17011 Patrick F. Lauer, Jr., Esq.* (717) 763-1800 FAX (717) 763-4247 Satellite Office: Marlin L. Markley, Esq.** Reply to Camp Hilt Address 8 S. Hanover Street Shana M. Pugh, Esq. Carlisle, PA 17013 1-800-822-4-LAW July 6, 2006 Melanie L. Erb, Esquire 2000 Linglestown Road, Suite 103 Harrisburg, PA 17110 RE:, Domanski v. Domanski Divorce Dear Melanie: AQ. Enclosed please find the Plaintiff s First Set Of Interrogatories To Defendant to be answered by Mr. Domanski. Kindly accept service of the same on behalf of your client, and complete and return the Acceptance of Service to my office. Please feel free to contact my office should you have' any questions or concerns. Very truly yours, Shang M. Pugh, quire SMP/ben Enclosure S.A.S.E. cc: Diane Fomanski *4S)Board Certified as a Criminal Trial Advocate by the National Board of Trial Advocacy. * * `Member: National Association of Criminal Defense Lawyers Aug.'G. 1Pi C6 3?1)P'r1 SCAR11NG 71 & SC AR?NQ P. C. caniligi Marc A. 5caringi caringi Melanie Wailz Scaringi Attorneys and C+ounimlnrR at t.aw Nfelanie L. Erb A. P:oLtrrio?l C mp?rati.. August 10, 2046 VIA F,4CSIMME ONLY Shana M. Pugh, Esquire Law Offices of Patrick F. Lauer,. Jr., LLC` 2108 Market Stmt, Aztec Building Camp Hi14 PA 17011 FAX NO.: (717) 763-4247 RE: ' Dornanski v, Domanski/Cumberiand County/No. 06-2533 Dear Attorney Pugh: NCc, "t6G P. 2 Debra L. Logat) Fatalei-al As per our telephone conversation this date, I am writing to confirm that you have granted us an extension to complete our rmporse to the First Set of Interrogatories. Thank you. Sinoerely, lame L. Erb MLE:vjj CC. James Domanski 2000 Liugl=wn Road, Suite 10.3 • Harrisburg, PA ]'/'110 Phone (717) 657.7770 a Fix (717) 657-7797 wwwaXtsrnb 1aN.wm THE LAW OFFICES OF PATRICK F. LAUER, JR., L.L.C. 2108 MARKET STREET, AZTEC BUILDING CAMP BILL, PENNSYLVANIA 17011 Patrick F. Lauer, Jr., Esq.* (717) 763-1800 FAX (717) 763-4247 Satellite Office: Marlin L. Markley, Esq.** Reply to Camp Hill Address 8 S. Hanover Street Carlisle, PA 17013 1-800-822-4-LAw _......._-.._._.._-..._.__.___......_.......__....__..__.. _....._--.--.__......__._.____....._..__.?___._._ ._,? urwm_Ani_ a_rnm July 24, 2007 James J. Domanski 7720 Alvamar Court Pickerington, OH 43147 RE: Domanski v. Domanski, Divorce Cumberland County No. 06-2533 Dear Mr. Domanski: It is Mrs. Domanski desire to complete this divorce. Therefore, I have enclosed a copy of the interrogatories that were previously served on you along with a request for production of documents. The interrogatories must be answered and returned to my office no later than August 27, 2007, along with the requested documents. If I do not receive the requested information.by August 27, 2007,, _I will file a petition with the court ordering you to provide the requested information and requesting that you pay Mrs. Domanski's attorney fees associated with this request. If you have any questions or wish to discuss a settlement offer please contact me. NEW Enclosures Cc: Diane Domanski *42?Board Certified as a Criminal Trial Advocate by the National Board of Trial Advocacy. * * Member: National Association of Criminal Defense Lawyers C_,3 ?..J -? .-.s .? - C.....) ? .T.` - - .. -r- !'i". ? ?"'' i""'1. . -: ? "i 1 ? ` _ ..'? C.w? ..":? ,? ? .,,? NOV 0 62007 A4" DIANE L. DOMANSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-2533 JAMES J. DOMANSKI, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant/Respondent : AND NOW, this le i? - day of tNt w?b c.f 2007, based upon the PLAINTIFF'S MOTION FOR AN ORDER TO COMPEL DEFENDANT TO ANSWER INTERROGATORIES, Plaintiff's Motion is Cr t''rx'o?ycl The Defendant is Ordered to provide Plaintiff's counsel with the verified answers to Plaintiff's Interrogatories and to produce the requested documents no later than the twenty (20) days after the date of this order. BY THE COURT, Distribution: ?ztWer? ?( -Marlin L. Markley, Esq., 2108 Market Street, Camp Hill, PA 17011 -Gee `'-5 kard - James J. Domanski, 7720 Alvamar Court, Pickerington, OH 43147 CON ,,, 1"4 e? i +? r , A DIANE L. DOMANSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-2533 JAMES J. DOMANSKI, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant/Respondent : MOTION FOR SANCTIONS PITRSIJANT TO PA. R_C_P_ 4019 AND NOW, Plaintiff, Diane Domanski, by and through her attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC, files the instant Motion for Sanctions pursuant to Pa.R.C.P. 4019, and in support thereof, avers the following: 1. Petitioner is the Plaintiff, Diane Domanski. 2. Respondent is the Defendant, James Domanski. 3. The parties hereto are spouses, having been married on December 24, 1985, in Pittsburgh, Pennsylvania. 4. On May 5, 2006, Plaintiff filed a Complaint for a Divorce under §3301(c) & (d) along with a count for economic relief. 5. Defendant filed an answer and counterclaim July 2006. 6. In order to develop properly the above economic claims, Plaintiffs First Set of Interrogatories to Defendant were mailed to defendant's counsel on July 6, 2006. At the request of defendant's counsel, plaintiff granted an extension for answering the interrogatories. See attached Exhibit "A". 7. Defendant's counsel was granted leave to withdraw as counsel for defendant on November 6, 2007. 8. Plaintiff again sent defendant interrogatories along with a request for production of documents on July 24, 2007, this time the request was sent via restricted mail and regular first class mail the restricted mail was returned to plaintiffs counsel as "unclaimed" and the regular mail was not returned. See attached Exhibit "B". 9. Defendant filed no objections to plaintiff's request for the production of documents. 10. On November 6, 2007, plaintiff filed a motion to compel defendant to answer interrogatories and produce requested documents. On November 6, 2007, the Court entered an Order compelling defendant to provide answers to plaintiff's interrogatories and to produce the requested documents no later 'than twenty (20) days after the date of the Order. See attached Exhibit "C". 11. Since defendant does not accept service through mail plaintiff has incurred the costs of having a sheriff serve the defendant. The Sheriff's fee was $81.50 for service of the motion to compel and will likely be an additional $81.50 for service of this Motion for Sanctions. See attached Exhibit "D". 12. As of the date of filing of this Motion, at least forty-three (43) days have elapsed since the entry of the aforementioned Order and at least thirty-six (36) days have elapsed since the Order was served, and defendant has not provided plaintiff with any interrogatory answers or requested documents. 13. The answers and documents requested by plaintiff are essential to the proper development and presentation of her case, and without said documents, plaintiffs case is unduly prejudiced. Moreover, defendant's conduct in not responding to plaintiff's discovery request is totally unjustified, and has necessitated the filing of this Motion. 14. Plaintiff has made a good faith effort to resolve this discovery dispute. 15. The Honorable M.L. Ebert has previously issued orders regarding this case. WHEREFORE, plaintiff respectfully requests this Honorable Court enter an Order sanctioning defendant by: A. refusing to allow him to oppose plaintiffs claims pertaining to equitable distribution of marital property and other ancillary economic relief, B. imposing punishment on him for civil Contempt of Court and ordering his incarceration to be purged by compliance with the prior Order to compel answers to interrogatories and production of documents; C. directing him to pay plaintiffs reasonable counsel fees and expenses incurred in connection with the filing, preparation and disposition of this motion and the motion to compel in the amount of $600.00 for counsel fees and $163.00 for expenses; and D. Granting further relief as is deemed necessary and just. Respectfully Marlin L-M-aarkl , Esquire Law Offices of atrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: December 20, 2007 ID# 84745 Tel. (717) 763-1800 r THE LAW OFFICES OF PATRICK F. LAUER_ , JR.; L.L.C. 2108 MARKET STREET, AZTEC BUILDING CAMP HILL, PENNSYLVANIA 17011 Patrick F. Lauer, Jr., Esq.* (717) 763-1800 FAX (717) 763-4247 Satellite Office: Marlin L. Markley, Esq.** Reply to Camp Hill Address 8 S. Hanover Street Shana M. Pugh, Esq. Carlisle, PA 17013 1-800-822-4-LAW July 6, 2006 Melanie L. Erb, Esquire 2000 Linglestown Road, Suite 103 Harrisburg, PA 17110 RE: Domanski v. Domanski Divorce Dear Melanie: w' Z4 Enclosed please find the Plaintiff s First Set Of Interrogatories To Defendant to be answered by Mr. Domanski. Kindly accept service of the same on behalf of your client, and complete and return the Acceptance of Service to my office. Please feel free to contact my office should you have any questions or concerns. Very traly yours, Shan M. Pugh, quire SMP/ben Enclosure S.A.S.E. cc: Diane Fomanski *49?Board Certified as a Criminal Trial Advocate by the National Board of Trial Advocacy. *'* 'Member: National Association of Criminal Defense Lawyers q THE LAW OFFICES OF PATRICK F. LAUER, JR., L.L.C. 2108 MARKET STREET, AZTEC BUILDING CAMP HILL, PENNSYLVANIA 17011 Patrick F. Lauer, Jr., Esq.* (717) 763-1800 FAX (717) 763-4247 Satellite Office: Marlin L. Markley, Esq.** Reply to Camp Hill Address 8 S. Hanover Street 1-800-822-4-LAW July 24, 2007 James J. Domanski 7720 Alvamar Court Pickerington, OH 43147 RE: Domanski v. Domanski, Divorce Cumberland County No. 06-2533 Dear Mr. Domanski: ' Carlisle, PA 17013 mwm do;_;,a_sm It is Mrs. Domanski desire to complete this divorce. Therefore, I have enclosed a copy of the interrogatories that were previously served on you along with a request for production of documents. The interrogatories must be answered and returned to my office no later than August 27, 2007, along with the requested documents. If I do not receive the requested information by August 27, 2007, I will file a petition with the court ordering you to provide the requested information and requesting that you pay Mrs. Domanski's attorney fees associated with this request. If you have any questions or wish to discuss a settlement offer please contact me. MLM/ Enclosures Cc: Diane Domanski *49)Board Certified as a Criminal Trial Advocate by the National Board of Trial Advocacy. * * Member: National Association of Criminal Defense Lawyers ?r i } CD 2 CA) 00 1 C l(? C O 0 N a O A C W v v C3 3 C3 3 Ln o p m W c -0 3 0 m O o O O 0' W cn n^ ,.n 1 N m in N N O 1 i M* n i 00 ;t o = o E; .. o ? M • n n m N m Al "' a? N ?y O (D 1 7 N? r ¢7 W N _ cr 5F OCL , CD CD CL .? w o o a. co > ? i 0 7 m o l CO 3oCD o • _ N C m a.? CT o m (D m X m m m: . m ' m m i, m m a a ... CL 3 ` m v • ?' o o D D >x a ?c N CL (D ' i f 3 ? ?r Z. } 0 ti r W C%4 O O O r*. LL, o N W [] a U M ry tD LL u? d '00 '? !a rNW 0-1 ?clNn N ° ooh ?( a c F-----" Ln u1i Ln m? - •• C3 Q Q' m C7 Ln .f I c W O ? W ca cc W ?cc h = W p Lyy 31C.C. QO ?Oylii0: i 2 Q /-? F.. W 02 ?a ?,Omaap p VWZ?O 'c appWm Zt:Z D= []OOP co QU NOV 0 62007 rl DIANE L. DOMANSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-2533 JAMES J. DOMANSKI, : CIVIL, ACTION- AT LAW- IN DIVORCE Defendant/Respondent: AND NOW, this tk day of No u e-" e"-,r 2007, based upon the PLAINTIFF'S. MOTION FOR AN ORDER TO COMPEL DEFENDANT TO ANSWER INTERROGATORIES, Plaintiff s Motion is C7 ?u-ti`? C c? The Defendant is Ordered to provide Plaintiff's counsel with the verified answers to Plaintiff's Interrogatories and to produce the requested documents no later than the twenty (20) days after the date of this order. BY THE COURT, I it/ TRUE 00'a'4 f r" ' HIO M AE z"- vd do a of o Distribution: -Marlin L. Markley, Esq., 2108 Market Street, Camp Hill, PA 17011 - James J. Domanski, 7720 Alvamar Court, Pickerington, OH 43147 rv DIANE L. DOMANSKI, : IN THE COURT OF COMMON P 'k 007 Plaintiff/Petitioner : CUMBERLAND COUNTY, PENN4YLVAIIA-? VS. : NO. 06-2533 JAMES J. DOMANSKI, : CIVIL, ACTION- AT LAW- IN DIVORCE Defendant/Respondent: co PLAINTIFF'S MOTION FOR AN ORDER TO COMPEL DEFENDANT TO ANSWER INTERROGATORIES AND PRODUCE REQUESTED DOCUMENTS The Plaintiff, Diane Domanski, by and through her attorneys, The Law Offices of Patrick F. Lauer, Jr., L.L.C., hereby moves this Court to enter an Order pursuant to Pa.R.C.P. 1930.5(b) and 4019(a)(1)(i) for failure of Defendant, James J. Domanski, to answer Interrogatories and in support thereof avers as follows: 1. Petitioner is the Plaintiff, Diane Domanski. 2. Respondent is the Defendant, James Domanski. 3. On May 5, 2006, Plaintiff filed a Complaint for a Divorce under §3301(c) & (d) along with counts for economic relief. 4. Defendant filed an answer and counterclaim July 2006. 5. Plaintiffs first set of Interrogatories to Defendant were mailed to defendant's counsel on July 6, 2006. At the request of defendant's counsel, plaintiff granted an extension for answering the interrogatories. See attached Exhibit "A". 6. Defendant's counsel was granted leave to withdraw as counsel for defendant on November 6, 2001 7. Plaintiff again sent defendant interrogatories along with a request for production of documents on July 24, 2007, this time the request was sent via restricted mail and regular first class mail-the restricted mail was returned to plaintiff's counsel as "unclaimed" and the regular mail was not returned. See attached Exhibit "B". 8. Plaintiff has not received any verified answers to the Interrogatories or any requested documents. 9. Plaintiff is entitled to answers to her Interrogatories and the requested documents because the information is relevant to the counts for economic relief. 10. Plaintiff has made a good faith effort to resolve this discovery dispute. 11. The only order previously issued in this case was the 'order allowing defendant's counsel to withdraw, the order was issued by the Honorable M.L. Ebert on November 6, 2006. WHEREFORE, plaintiff, Diane Domanski, respectfully requests this Honorable Court to order Defendant, James Domanski, to provide verified answers to plaintiff's interrogatories and to produce the requested documents within (20) days. Respectfully .? Marlin ey;Tsquire La ffice of Patrick F. Lauer, Jr., L.L.C. 2108 Marke treet, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: November 6, 2007 ID# 84745 Tel. (717) 763-1800 THE LAW OFFICES OF PATRICK F. LAUER, JR.; L.L.C. 2108 MARKET STREET. AZTEC BUILDING CAMP BILL, PENNSYLVANIA 17011 Patrick F. Lauer, Jr., Esq.* (717) 763-1800 FAX (717) 763-4247 Satellite Office: Marlin L. Markley, Esq.** Reply to Camp HIU Address 8 S. Hanover Street Shana M. Pugh, Esq. Carlisle, PA 17013 1-800-822-4-LAW yt?m-der _r[fl77 July 6, 2006 Melanie L. Erb, Esquire 2000 Linglestown Road, Suite 103 Harrisburg, PA 17110 RE:, Domanski v. Domans1d Divorce Dear Melanie: j ADA Enclosed please find the Plaintiff s. First Set Of Interrogatories To Defendant to be answered by Mr. Domanski. Kindly accept service of the same on behalf of your client, and complete and return the Acceptance of Service to my office. r Please feel free to contact my office should you have'any questions or concerns. Very truly yours, Shana M. Pugh, quire SMP/ben Enclosure S.A.S.E. cc: Diane Fomanski *42?Board Certified as a Criminal Trial Advocate by the National Board of Trial Advocacy. **?'4DMember: National Association of Criminal Defense Lawyers Mare A. Scaringi Imelaiaie Wala Scaringi Melanie L. Erb SCARING & SCARIN T P. C. caring, Y c aria Attornrjy and Counselors at l,aw .A. Fruffmaiunal Corporation August 10, 2006 •r Debra L. L opt) Para!ega1 Y!A FACS MLr-E ONLY Shang M. Pugh, Esquire Law Offices of Patrick F. Lauer, h., LLC' 2108 Market Street, Aztcc Building Camp Hill, PA. 17011 FAX NO.: (717) 763-4247 RE: 'Dornanski v, Domanski/Cumberland County/No. 06-2533 Dear. Attorney Pugh: As per our telephone conversafion this. date, I am wxiting to confirm that you have granted us an extension to Complete our response to the First Set of Interrogatories. Thank you. Sinoerely, Janie L. Erb 'MLE:vjj cc: lames Domanski zU()i) Lingkstown Road, Quicc 103 • Harrisburg, PA 17110 Phone (717) 657-7770 -k }six (717) 657-7797 www.u:a r'r?g?l:rnr rvm i THE LAW OFFICES OF PATRICK F. LAUER, JR., L.L.C. 2108 MARKET STREET, AZTEC BUILDING CAMP HILL, PENNSYLVANIA 17011 Patrick F. Lauer, Jr., Esq.* (717) 763-1800 FAX (717) 763-4247 Satellite Office: Marlin L. Markley, Esq.** Reply to Camp Hill Address 8 S. Hanover Street Carlisle, PA 17013 1-800-822-4-LAWrom July 24, 2007 James J. Domanski 7720 Alvamar Court Pickerington, OH 43147 RE: Domanski v. Domanski, Divorce Cumberland County No. 06-2533 Dear Mr. Domanski: It is Mrs. Domanski desire to complete this divorce. Therefore, I have enclosed a copy of the interrogatories that were previously served on you along with a request for production of documents. The interrogatories must be answered and returned to my office no later than August 27, 2007, along with the requested documents. If I do not receive the requested information by August 27, 2007] will file a petition with the court ordering you to provide the requested information and requesting that you pay Mrs. Domanski's attorney fees associated with this request. If you have any questions or wish to discuss a settlement offer please contact me. MLW Enclosures Cc: Diane Domanski *1?ftoard Certified as a Criminal Trial Advocate by the National Board of Trial Advocacy. **?WMember_ National Association of Criminal Defense Lawyers SUNSET LEGAL SUPPLY 201-58&9020 SEDB11 6'4 D • OFFICE OF THE SHERIFF FAIRFIELD COUNTY Dave Phalen, Sheriff Case Number: 06-2533 RETURN OF SERVICE (PERSONAL) I received this summons/writ on November 13, 2007 at 2:OOPM, and made personal service of it upon James J Domanski by B Willey, on November 24, 2007 at 1:16PM. Dave Phalen, Sheriff ?- 'PlIGiln, reel Service: $6.00 Mileage: 150 miles @ $75.50 Total: $81.50 By: p r THE LAW OFFICES OF PATRICK F. LAUER, JR., L.L.C. 2108 MARKET STREET, AZTEC BUILDING CAMP HILL, PENNSYLVANIA 17011 Patrick F. Lauer, Jr., Esq.* (717) 763-1800 FAX (717) 763-4247 Satellite Office: Marlin L. Markley, Esq.** Reply to Camp Hill Address 8 S. Hanover Street Carlisle, PA 17013 1-800-822-4-LAW ... ?-dam November 7, 2007 10? ? 11T Fairfield County Sheriff Department Attention: Civil 221 East Main Street Lancaster, OH 43130 g r, stxi CO 1. 1 Dp,?i ??aUrt G?? RE: Domanski v. Domanski, Divorce fa'%6 atca5w'%' Cumberland County No. 06-2533 9 W I '? To Whom It May Concern: Kindly serve the enclosed Court Order on James J. Domanski at 7720 Alvamar Court, Pickerington, OH 43147. Once service is complete ;;please provide me with proof of service. In the meantime, if you have any questions or concerns, please do not hesitate to contact me. MLM/ enclosure S.A.S.E. Cc: Diane Domanski (w/enclosure) *Board Certified as a Criminal Trial Advocate by the National Board of Trial Advocacy. * * ?ftMember. National Association of Criminal Defense Lawyers r-a O a DIANE L. DOMANSKI, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2533 CIVIL V. CIVIL ACTION - LAW JAMES J. DOMANSKI, DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 27 h day of December, 2007, upon consideration of the Motion for Sanctions filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before January 16, 2008; 3. The Attorney for the Plaintiff shall serve the Defendant with a copy of this order. He shall provide proof of service to this Court. 4. The Prothonotary is directed to forward said Answer to this Court. 5. A hearing shall be held on Thursday, February 28, 2008 at 3:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, PA. By the Court, -?' ?'\A '' M. L. Ebert, Jr., J. Marlin L. Markley, Esquire ?00j _ Attorney for Plaintiff ?,vero" JDI - lad James J. Domanski, Pro Se Am Moul DIGS bas ? 88 i, . I .t DIANE L. DOMANSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-2533 JAMES J. DOMANSKI, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I, Marlin L. Markley, Esquire, verify the Motion for Sanctions and Order of Court filed by Plaintiff has been served upon the Defendant indicated above by personal service by the Fairfield County Sheriff's Department pursuant to the requirements of Pa. R.C.P. 1930.4. PLEASE SEE ATTACHED RETURN OF SERVICE Respectfully submitted, ey, Esquire Marlin L -K?fr'ftr? Law Offices atrick F. Lauer, Jr., LLC Aztec Building 2108 Market eet, L ¢ 'w Camp Hill, Pennsylvania 17011-4706 Date: ID# 84745 Tel. (717) 763-1800 OFFICE OF THE SHERIFF FAIRFIELD COUNTY Dave Phalen, Sheriff Case Number: 06-2533 RETURN OF SERVICE (PERSONAL) I received this summons/writ on January 2, 2008 at 1:OOPM, and made personal service of it upon James J Domanski by J Boring, on January 3, 2008 at 12:22PM. 9%K- im_ Snerin s revs Service: $24.00 Mileage: 50 miles @ $25.50 Total: $49.50 Dave Phalen, Sheriff 1.J ? -.... -...- r ?a ?. ) c-.r?r ,.) r--? "? 1 r; .:?:? ? ?? f.91 i ? T y ' _,7?: ??. S, 's. COMMONWEALTH OF PENNSYLVANIA ) SS: OCA: : COUNTY OF CUMBERLAND ) TO: R. Thomas Kline, Sheriff, or any duly authorized law enforcement officer. RE: JAMES J. DOMANSKI DOCKET #: 06-2533 Civil 7720 Alvamar Court Pickerington, OH 43147 DOB: SEX: M RACE: WHITE HT: WT: EYES: HAIR: SSN: OLN: SID: FBI: WHEREAS, the above-named defendant failed to appear for a hearing held on February 28, 2008 at 3:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. WHEREAS, this Court on February 28, 2008, directed a Bench Warrant be issued for the apprehension of the James J. Domanski. This is therefore to command you to arrest the defendant above. It is specifically ordered that the Sheriff of Cumberland County shall only serve this warrant on a weekday between the hours of 8:30 a.m. and 3:00 p.m. and shall bring Defendant immediately before the Court for the purposes of posting security and setting a final hearing on the issue of Sanctions. ITNESS the undersigned Judge, at Carlisle, this 21St day of May, 2008. M. L. Ebert, Jr., J nT: CLERK F T RT (SEAL) L 1 . 1 ? rr DIANE L. DOMANSKI, Plaintiff V. JAMES Z1, DOMANSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-2533 CIVIL TERM IN DIVORCE IN RE: BENCH WARRANT (Petition for Sanctions) ORDER OF COURT AND NOW, this 28th day of February, 2008, this being the time and place set for a hearing pursuant to court order of December 27, 2007, on the plaintiff's petition for sanctions, and the plaintiff having served the defendant personally through the Sheriff of Fairfield County, and the defendant having failed to appear, IT IS HEREBY ORDERED AND DIRECTED that a bench warrant shall issue for his arrest. By the Court, ,,Marlin L. Markley, Esquire For the Plaintiff .-,6 ames J. Domanski, Defendant 7720 Alvamar Court Pickerington, OH 43147 .mtf S heri PF ,%, M. L. Ebert, Jr., T r no :v QE e9 ',I £ -?vwam 3141 :10, _6,111-4 1 V 1! DIANE L. DOMANSKI, Plaintiff VS. JAMES J. DOMANSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2533 CIVIL ACTION- AT LAW- IN DIVORCE AND NOW COMES, the Plaintiff, Diane L. Domanski, by and through her attorneys, The Law Offices of Patrick F. Lauer, Jr., LLC, and moves the Court to appoint a Master with respect to the following claims: (X) Divorce ( ) Annulment (X) Alimony ( ) Alimony Pendente Lite and in support of the Motion states: (X) Distribution of Property ( ) Support (X ) Counsel Fees ( ) Costs and Expenses 1. Discovery is not complete as to the claims for which the appointment of a master is requested. 2. The Defendant filed an answer to the complaint through counsel Melanie L. Erb, Esquire, however Attorney Erb's Motion to withdraw as counsel was granted on November 6, 2006. 3. The statutory grounds for divorce are 3301(c) and 3301 (d). 4. 5. 6. The action is contested with respect to Divorce, Alimony, Distribution of Property and Counsel Fees. The action does not involve complex issues of law or fact. The hearing is expected to take half of a day. Date: June 3, 2008 . Respectfully Marlin L. 2108 Marl Camp Hill ID# 84745 t, Aztec Building Sylvania 17011-4706 (717) 763-1800 I DIANE L. DOMANSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-2533 JAMES J. DOMANSKI, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant I, Marlin L. Markley, Esquire, hereby certify that I am serving a true and correct copy of the foregoing Motion for Appointment of Master upon the defendant, by Personal service, via the Fairfield County, Ohio, Sheriff, as follows: James J. Domanski 7720 Alvamar Court Pickerington, OH 43147 Date: June 3, 2008 Marlin L.11 2108 Mark Camp Hill, ID# 84745 *t, Aztec Building Sylvania 17011-4706 (717) 763-1800 --a ?° s;? ?; ?. ?; ? i i.,. =?" Cr.) : i, ?;: =c i r i Y P JUN 0 4 2008,,y./ t' DIANE L. DOMANSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06-2533 JAMES J. DOMANSKI, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant ORDER AND NOW, this q day of , 2008, E. ROBERT ELICKER, II, is hereby appointed Master in Divorce. IPistribution: -Marlin L. Markley, Esq., 2108 Market St., Camp Hill, PA 17011 games J. Domanski, 7720 Alvamar Court, Pickerington, OH 43147 i e moat X110 f ?S ° C LLJ as r C ' C= >7 _7 DIANE L. DOMANSKI, Plaintiff VS. JAMES J. DOMANSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2533 CIVIL ACTION- AT LAW- IN DIVORCE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Diane L. Domanski, Plaintiff certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. BY: Marlin L. Mf rkley, Esquire Attorney forl\Plaintiff 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: 1 Z ??? ID# 84745 Tel. (717) 763-1800 f? DIANE L. DOMANSKI, Plaintiff vs. JAMES J. DOMANSKI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2533 : CIVIL ACTION- AT LAW- IN DIVORCE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Diane L. Domanski, Plaintiff, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file or record and serve upon the undersigned an objection to the subpoena. Jf no objection is made, the subpoena may be served. BY: ,,--Marlin L.ZGI ey, Esquire Attorney for laintiff 2108 Mark Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: June 3, 2008 ID# 84745 Tel. (717) 763-1800 r DIANE L. DOMANSKI, Plaintiff vs. JAMES J. DOMANSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2533 : CIVIL ACTION- AT LAW- IN DIVORCE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PRUSUANT TO RULE 4009.22 TO: Fidelity Investments Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all statements indicating the value of any and all retirement accounts (i.e. 401(k)) for James J. Domanski, social security number xxx-xx-3241, date of birth November 28, 1949. The values shall be as of July 12, 2002 and the current value. at 2108 Market Street, Camp Hill, Pennsylvania 17011. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Date: a Seal of e Court Marlin L. Markley, Esquire Attorney for Plaintiff 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 BY THE COURT: ,? othonotary, Civil ivision & `"014P41 Deputy c°s _ _ ?, i ? ` c..? - .--? e ?? r {,.4 -- _ _ ; ,w-, . `°' "k' a? .?.. 0 DIANE L. DOMANSKI, Plaintiff VS. JAMES J. DOMANSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2533 CIVIL ACTION- AT LAW- IN DIVORCE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Diane L. Domanski, Plaintiff certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. BY: Marlin L. M ey, Esquire Attorney for Plaintiff 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: 7 / Z o d g ID# 84745 Tel. (717) 763-1800 A DIANE L. DOMANSKI, Plaintiff VS. JAMES J. DOMANSKI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2533 CIVIL ACTION- AT LAW- IN DIVORCE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Diane L. Domanski, Plaintiff, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file or record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Date: June 3, 2008 BY: arllin L. ey, Esquire Attorney for laintiff 2108 Mark Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 4 , DIANE L. DOMANSKI, . Plaintiff vs JAMES J. DOMANSKI, . Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 06-2533 ' : CIVIL ACTION- AT LAW- IN DIVORCE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PRUSUANT TO RULE 4009.22 TO: Time Warner Benefits Service Center Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all statements indicating the value of any and all retirement accounts for James J. Domanski, social security number xxx-xx-3241, date of birth November 28, 1949. The values shall be as of July 12, 2002 and the current value and shall indicate Mr. Domanski's beginning and ending dates of service. at 2108 Market Street, Camp Hill, Pennsylvania 17011. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required, by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Date: (o D o Seal of the Court Marlin L. Markley, Esquire Attorney for Plaintiff 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 170114706 lD# 84745 Tel. (717) 763-1800 BY ,Civil Ivivisi Deputy C7 r? r? °T7 YT Cho C7 -, a DIANE L DOMANSKI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 92 _ 229 CIVIL JAMES J. DOMANSKI, Defendant IN DIVORCE TRANSCRIPT OF PROCEEDINGS and MASTER'S REPORT Proceedings held before E. Robert Elicker, II, Divorce Master 9 North Hanover Street, Carlisle, PA 17013 proceedings held on January 6, 2009 commencing at 9:20 a.m. APPEARANCES: Marlin L. Markley Attorney for Plaintiff James J. Domanski (did not appear) Defendant 1 THE MASTER: Today is Tuesday, January 6, 2 2009. It is currently 9:20 a.m. We have waited 3 approximately 20 minutes before beginning the proceedings 4 this morning to see if Mr. Domanski intends to appear. 5 Present in the hearing room are Diane L. 6 Domanski and her counsel Marlin L. Markley. Mr. Domanski 7 has not appeared nor has our office heard from him regarding 8 today's hearing. A notice was sent to Mr. Domanski 9 advising him of the hearing today. The date of the notice 10 was October 20, 2008. The hearing was set following a 11 conference on October 20, 2008, with Mr. Markley and Mrs. 12 Domanski who was present. At that time, we discussed 13 proceeding with the case and Mr. Markley and the Master 14 discussed the status of the case and decided to proceed with 15 a hearing date, which is today's date. Previously, prior 16 to the October 20, 2008, session, Mr. Domanski did contact 17 the Master's office and sent a note to the Master indicating 18 his current status. We attempted to call Mr. Domanski but 19 we were not able to make contact. In any event, we 20 proceeded with a notice for a hearing date for January 6, 21 2009. As previously noted, we have not heard from Mr. 22 Domanski since the last conference nor has any attorney been 23 in contact with us regarding this case. We do note that on 24 February 28, 2008, Judge Ebert issued a bench warrant for 25 the Defendant and it would have been executed had Mr. 1 0 0 1 Domanski appeared here today. In any event, the bench 2 warrant is still in effect and we have no indication that 3 Mr. Domanski is either going to participate in this hearing 4 or is going to appear before Judge Ebert as previously 5 ordered. 6 SUMMARY ISSUES PENDING BEFORE MASTER 7 This action was commenced by the filing of a 8 complaint in divorce on May 5, 2006, raising grounds for 9 divorce of irretrievable breakdown of the marriage and 10 economic claims of equitable distribution, alimony and 11 alimony pendente lite. No claim was raised in the complaint 12 for counsel fees and costs. 13 With respect to grounds for divorce, the 14 complaint had attached an affidavit under Section 3301(d) 15 dated May 5, 2006, averring that the parties separated July 16 12, 2002, a period in excess of two years. The Defendant, 17 although he did not file a counter-affidavit, did file an 18 answer and counterclaim to the divorce complaint and in that 19 counterclaim raised economic issues of alimony pendente 20 lite, alimony, and counsel fees and costs. With respect to 21 wife's request for assistance with her legal expenses, an 22 issue was raised before Judge Ebert in the discovery 23 proceedings requesting financial remuneration from the 24 Defendant for the costs that Mrs. Domanski had to incur in 25 order to attempt to discover matters relating to marital 2 • 1 assets. Mr. Markley has indicated to the Master that he 2 wishes to continue his claim for counsel fees in the divorce 3 hearing today. The Master will allow his oral request for 4 consideration of counsel fees and costs. 5 The Master was appointed on June 9, 2008. 6 Pursuant to the Master's normal procedure, the Master mailed 7 a discovery certification to counsel and Mr. Domanski on 8 June 16, 2008. A pre-hearing conference was subsequently 9 set for October 20, 2008, and pretrial statements were due 10 on October 13, 2008. The conference was previously 11 addressed in the Master's remarks above. The purpose of 12 today's hearing is to take testimony on the issues pending 13 and the factors relating thereto. 14 The complaint in divorce was served on Mr. 15 Domanski by certified mail, which he signed for on May 10, 16 2006. Would you swear Mrs. Domanski? 17 Whereupon, DIANE L. DOMANSKI, having been 18 duly sworn, testified as follows: 19 THE MASTER: Mrs. Domanski, can you identify 20 the signature on this return receipt card? 21 THE WITNESS: Yes. 22 THE MASTER: Whose signature is that? 23 THE WITNESS: Jim's. 24 THE MASTER: Mrs. Domanski has been sworn and 25 we are going to take her testimony. The Master understands 3 0 • 1 that there is an issue regarding husband's dissipation of a 2 marital asset and also distribution of a remaining asset 3 which is husb and' s pension through Time Warner. There is 4 also an issue wit h regard to a credit card debt which 5 husband used and obtained the exclusive benefit of, although 6 Mrs. Domanski is a joint obligor, she is being requested to 7 make payments on the card. The amount due and owing 8 currently is $10, 181.14. Mrs. Domanski has shown me a final 9 notice which she received from Commercial Acceptance Company 10 on behalf of the credit card, a Visa with Member's 1st. 11 Mrs. Domanski has currently not made payments on this 12 account nor does she believe she is obligated to make 13 payments since husband received the benefit of the charges 14 and Mrs. Domanski asserts that she did not even know about 15 the existence of the card or the charges on the card until 16 she received a demand letter for payment from Visa. Mr. 17 Markley did advise, however, that Mrs. Domanski at one time 18 made a payment of $800.00 on the card in order to allow her 19 to secure mortgage financing on a property that she was 20 buying. Otherwise, no payments were made nor is the $800.00 21 payment, which Mrs. Domanski made, an acknowledgement on her 22 behalf of any obligation due and owing for receiving a 23 benefit from the charges. As I understand, the payment was 24 made in order to allow her simply to obtain financing and 25 clear the obligation sufficiently to allow the mortgagee to 4 • 0 1 grant her a mortgage. 2 (Whereupon, a discussion was held off the 3 record.) 4 THE MASTER: Mr. Markley has questioned how 5 we want to handle the introduction of exhibits, and the 6 Master is satisfied that his pretrial statement, dated 7 October 10, 2008, which has various exhibits, can be made 8 part of the record and considered an exhibit for the 9 purposes of testimony in this case today. 10 Mrs. Domanski is sworn, let's begin with her 11 testimony. 12 DIRECT EXAMINATION 13 BY MR. MARKLEY: 14 Q Diane, could you tell us where you currently 15 reside? 16 A 5804 Fordham Avenue, Harrisburg, PA 17111. 17 Q How long have you resided there? 18 A It was two years in October, so two years and 19 three months. 20 Q Is that a townhouse that you have a mortgage 21 out on? 22 A Yes, it is. 23 Q How old are you currently? 24 A Fifty-two as of yesterday. 25 Q Do you have any children from this marriage? 5 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No. Q Do you have any children at all? A I do. I have two daughters. Q Their age? A Twenty-eight and thirty. Q Are either of them dependent on you? A No. Q Were you married to James Domanski? A Yes, I was. Q Do you know the date of that marriage? A December 24, 1985. Q Do you know how old James is? A Fifty-nine. Q Do you know his birth date? A November 28, 1949. Q And do you know if James has any children? A One child, Robin. Q Do you know the age of that child? A She was 12 in 1985 so she is in her 30s now. Q Do you know if that child is dependent upon James? A No, she's not. She is married. Q Do you know James' address? A Last I knew he was living at 7720 Alvamar Court in Pickerington, Ohio 43147. 6 • 0 1 THE MASTER: Let the record show that that's 2 the address we used when we sent the notice of today's 3 hearing and as indicated, the notice was not returned. 4 THE WITNESS: And that is where the sheriff 5 always finds hi m. 6 BY MR. MARKLEY: 7 Q You actually read that off a document. Who 8 provided that document? 9 A Jim provided the document. 10 Q And do you recall when he provided that 11 document? 12 A At the last proceeding, on October 20, 2008. 13 Q And also we served him through personal 14 service, through the Pickerington County, Ohio, Sheriff's 15 Office, correct? 16 A Yes. 17 Q And that's the address that we have always 18 used? 19 A Yes. 20 THE MASTER: Who lives there? 21 THE WITNESS: His sister and her husband. 22 BY MR. MARKLEY: 23 Q Jumping back to you, who resides in your 24 home? 25 A Only me. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A 0 0 Are you currently employed? Yes. With who? With the Commonwealth of Pennsylvania. How long have you been there? Since September of 2004. What department are you currently with? Currently I am with the Pennsylvania Gaming Control Board? Q Have you always -- that whole time have you been with that department? A I was with Labor and Industry for the first year, with my employment with the State. Q Now, when did you and James separate? A July of 2002. Q Where did you reside when you separated? A I moved from our apartment in Fort Lauderdale over to Tampa, which is where my brother lived and my two regional managers that I did work for lived. Q Up until the date of separation, do you recall what your salary was -- let me ask you this. What type of jobs did you generally hold during the marriage? A Administrative assistant work while we lived in Pennsylvania, and then when we moved to Florida, I had gone through cosmetology school so I was working in spas and 8 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 salons in Fort Lauderdale. Jim didn't want me to work full-time because his job was stressful so he wanted me to have the time to take care of everything. Q What was your salary range during the marriage? A During the marriage -- in 1986, I made $4,000.00; 1987, I made $1,400.00. Q You don't have to go through all of them. They are all relatively similar from the four thousand up to what? A The most I made during the marriage was twenty-four thousand. Q What year was that? A 1985. Q How about in 2000, 2001, what did you make? A In 2000 I made $515.00. That is the year we moved to Florida. My job was to try and find us a place to live and get us set up and settled and moved in. That was my job; he worked. In 2001 I made $7,000.00 because I had a little part-time job. In 2002 I made $9,000.00. Q When did you move back to Pennsylvania? A October 2003. Q What do you currently make now? A In 2003 I made $18,000.00 and I was 9 • • 1 completely living on my own. Currently, last year for 2007, 2 was $45,703.00. 3 Q And during the marriage what type of 4 positions did James hold? 5 A He was the manager -- he has always worked in 6 IT, information technology -- computers, and he was the 7 manager of IT when I met him and then he had a couple 8 different jobs as manager and then he was vice-president. 9 Q Who was he vice-president for, what company? 10 A He was vice-president for Book of the Month 11 Club when we lived here in Mechanicsburg, Pennsylvania, and 12 then when we moved to Fort Lauderdale, Florida, he was 13 vice-president there too. 14 Q Do you recall the salaries -- did you guys 15 file taxes jointly those years? 16 A Yes. 17 Q Did you have access to his income information 18 at that time? 19 A Yeah. 20 Q Do you recall what he earned in the late 90s, 21 early 2000s, prior to separation? 22 A The year that we separated, he was making 23 about $250,000.00 plus a bonus. 24 Q Did he lose that job? 25 A He did. 10 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Why did he lose that job? A Because they found out that he was looking at e-mails of the CEO and the top executives of the company, behind -- secretively. They found out. Q Did he loose employment previously? A He did. He lost his job in Pittsburgh where we both grew up and we both lived. He worked for GNC. Q What year was that? A That was 1988. Q What was the cause for that? A He just said that it was a middle management change, elimination. One of the guys that he worked with, we had seen at one of the gatherings -- a picnic that we all had gone to together -- he told me that Jim was leaving work, like, two every afternoon and going to the bar down the street and playing a poker machine. Q We will come back to that. During the marriage, did Jim have any special, unusual health issues or problems? A When he was younger he had an ulcer and they operated on his stomach. Q When you say when he was younger -- A Like 21. Q Was that before you knew him? A Yes. And through the marriage he, like, his 11 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 stomach would get upset or, you know, when he was stressed out, but if he ate properly and he didn't drink a lot, he was healthy. Q During the marriage, did that condition require hospitalization? A No, never. Q Did it require surgery during the marriage? A No, never. Q Any other health problems with him that you are aware of? A No. Q Do you have any health problems? A I have depression, if you consider that a health problem, that I have dealt for 15 years. I have to take an anti-depressant every day. That works some times and some times they don't. I have a thyroid condition that I take Synthroid every day and last month I had acute bronchitis and my doctor told me that I have the beginnings of emphysema. Q At this point, is anything being done about that emphysema diagnosis? A No. He said that I needed to get over the bronchitis and then he would so some testing. Q During the marriage -- let's talk about the gambling issue. Did your husband gamble a lot during the 12 • i 1 marriage? 2 A Yes. 3 Q Did he gamble, that you are aware of, prior 4 to the marriage? 5 A Well, he did but I didn't realize it was a 6 problem. He always liked to play the poker machines but I 7 thought it was just more of entertainment but in hindsight, 8 looking back at the severity of it, I realize it was a 9 problem. And then when I found out he lost his job because 10 he was down there doing it -- it was a problem. 11 Q What was the cause of separation, if you can 12 put a cause on it? 13 A That we had -- Jim spent everything that we 14 had saved and everything that he made and we had no money 15 left and he wouldn't quit gambling. 16 Q Did you and he discuss the gambling problem? 17 A Many times. 18 Q Did he take action to try to solve that? 19 A At one point, when I looked at the account 20 and I saw that all of our money was gone and that he was 21 taking out so much money and spending it all at the casinos, 22 I told him that if he didn't get help that I was leaving 23 him. He went to Gambling Anonymous, but he only went two 24 times. He said he could do it himself. But he didn't. He 25 would say he was working late and I would drive down to the 13 1 casinos and his car was parked there. 2 Q You heard us reference a Member's lst Visa 3 card earlier? 4 A Yes. 5 Q You actually have the statements for the last 6 several years, correct? 7 A I do. 8 Q And on there it indicates more purchases at 9 casinos? 10 A Yes. 11 Q You have no way of identifying exactly what 12 was purchased - - 13 A It's cash withdrawals. 14 Q Okay. 15 A He had secret credit cards while we were 16 married that I didn't even know we had, that he had the 17 statements mail ed to his office. And he had a good amount 18 of debt on thos e too. I did get statements of those too. 19 The people that called me that were looking for him, 20 indicating that I wasn't responsible for them, but still 21 looking for him , were nice enough to send me statements. 22 Q So you possessed statements that your name 23 did not get att ached to? 24 A Right. 25 Q When you folks moved around a lot, you gave 14 • • 1 up your jobs, was it always a move for his employment? 2 A Always. 3 Q And would you say that you assisted him up 4 the cooperate ladder? 5 A Most definitely. I was his biggest 6 cheerleader. 7 Q From the time you knew him, he went from 8 middle management to vice-president? 9 A Yes, he did. 10 Q Do you recall roughly what he may have made 11 when you folks got married back in 185? 12 A I think he made $33,000.00. 13 Q Every time you moved, you gave up a job, 14 correct? 15 A Correct. 16 Q Can you describe your standard of living when 17 you were in F lorida, and just as a reminder, what's the 18 block of time you lived in Florida? 19 A From September of '99 until I left in July of 20 2002. 21 Q Did you guys live in a single-family home? 22 A We looked for a home to buy but didn't find 23 exactly what we wanted so we rented a nice big home so we 24 could get all of our furniture out of storage. It was all 25 in storage be cause we lived in a corporate apartment that 15 0 0 1 the company provided. It was nice. It had a pool. We 2 moved everything in there and then that's when he started 3 spending all the money that we had out of the bank account 4 so we didn't have our equity from the house left anymore. 5 Q When you say equity from the house, what 6 house are you referring to? 7 A We sold a house in Mechanicsburg. We had 8 about twenty to $25,000.00 in equity plus our savings plus a 9 bonus. 10 Q When you bought the house in Florida, how 11 much did you pay for that? 12 A We could never buy a house in Florida because 13 he spent all of the money. There was nothing left for a 14 down payment. We left the single-family home and we moved 15 into an apartment. 16 Q During the marriage were you able to 17 accumulate any pension or retirement funds for yourself? 18 A No. 19 Q Currently you have some from working with the 20 State, correct? 21 A I do now. I did -- I worked for Kinney for 22 about ten years -- Kinney Shoe Corporation. They moved to 23 the midwest so they eliminated all of our jobs, that's why I 24 ended up going to cosmetology school. I did have a little 25 thing from there. I just rolled it over. It is worth about 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1? $2,000.00. 0 Q You still have that? A I do. Q You say today it is worth about $2,000.00? A Exactly. (A discussion was held off the record.) BY MR. MARKLEY: Q You mentioned you went to cosmetology school, did you receive a diploma? A Yes. Q Do you have any other diplomas or degrees? A No. Q Any other education? A Secretarial school after my first divorce. Q Did you complete that? A With honors. Q Do you have a high school diploma? A Yes. Q What is James' education? A He has a college degree. Q Bachelor's degree or some thing more or less? A About a Bachelor's degree. Q When you say about, do you know if he had a diploma? A He did but it's from a community college. He 17 0 • 1 always said he went to Pitt but I didn't have the Pitt one. 2 Q Did he acquire any of that education during 3 the marriage or was that all prior to the marriage? 4 A That was prior. 5 THE MASTER: Considering the kind of position 6 that he had, making a substantial income, how would you 7 attribute his rise in the corporate level to where he was, 8 considering his, let's say, minimal college experience. 9 THE WITNESS: He is extremely intelligent. 10 The smartest person that I have ever known. He just needed 11 somebody to guide him and convince him that he was worth -- 12 BY MR. MARKLEY: 13 Q Talk a little bit about where that 14 intelligence came out. You had mentioned before that he is 15 a fix it -- 16 A Yeah. He can fix anything. I've seen him 17 rebuild an engine in a Corvette that he took out. He 18 rebuilt an engine in a Chevelle. I mean, he took the whole 19 thing out and put it all back together again, a new one. He 20 could rebuild a computer. He can do electrical work. He 21 can do plumbing. His dad was a plumber and taught him the 22 trade. He can fix anything. I've never seen anything that 23 he couldn't fix or rebuild, extremely talented man. He is 24 very, very smart. 25 THE MASTER: And this addiction that he has, 18 0 0 1 has he ever received any treatment. You said that he went 2 to two sessions but, otherwise, do you know if he has ever 3 received any physiatric or psychological treatment? 4 THE WITNESS: No. He doesn't think he has a 5 problem. He thinks he can quit any time -- which most 6 people with addictions do, which was always hard for me to 7 understand how someone that smart could think that you could 8 ever win at gambling like that, especially when you kept 9 seeing the pattern that you couldn't. He just liked it. 10 BY MR. MARKLEY: 11 Q Now, I'll ask this generally. Do you have 12 any expectation of receiving an inheritance? 13 A No. 14 Q Is that because your parents are healthy and 15 alive? 16 A My mother is the only one left alive. She is 17 healthy but she lives off my father's pension and she just 18 -- her house is paid for and she just barely makes it. I 19 think she gets $1,200.00 a month. There will be no 20 inheritance of anything. She is 80 years old and she is 21 very healthy. So I am hoping that she lives until she is 22 100. 23 Q Do you have any siblings? 24 A I do. There was five of us, now there are 25 only four left. 19 r 1 Q Any description on value of her house? 2 A I would say $100,000.00 now. 3 Q Is that located in Pennsylvania? 4 A It is. It's in Pittsburgh. 5 Q How about James, are you aware if he has any 6 expectation of an inheritance? 7 A His father was alive last I knew. That's his 8 only parent al ive. I don't know what he has. 9 Q During the marriage did you know his father? 10 A I did. 11 Q How would you describe his life style? 12 A Just a blue collar worker. 13 Q Again, talking about marital assets, did 14 James acquire any kind of retirement during the marriage? 15 A Yes, he did. Through Time Warner. It was 16 the only place that he was vested. 17 THE MASTER: Just so we are clear. Time 18 Warner obvious ly -- it seems to me obviously, was associated 19 with Book of the Month Club? 20 THE WITNESS: Correct. 21 THE MASTER: So that's how there is a 22 connection between the two? 23 THE WITNESS: Yes. 24 BY MR. MARKLEY: 25 Q Again, is one of those retirement plans a 20 • 1 401 (k) ? 2 A Yes. 3 Q If you don't know anything, you just say so, 4 but is that referred to as the Time Warner savings plan? 5 A Yes. 6 Q Did you acquire documents regarding the value 7 of the plan at the time of separation? 8 A You did, yes. 9 Q You saw those documents? 10 A Yes, I did. 11 Q You have a statement for July 12, 2002, 12 correct? 13 A Correct. 14 Q And that's the date that you say the two of 15 you separated? 16 A Yes. 17 Q How was that separation -- what makes you say 18 that's the date you separated? 19 A I rented a U-Haul and Jim and I and two of 20 our friends loaded it up with part of the furniture -- I had 21 a very small apartment so I didn't take very much -- we 22 loaded up the truck and the four of us drove over to Tampa 23 where I had my apartment and we unloaded and then they left. 24 Q And that value on July 12th of that Time 25 Warner savings plan was what? 21 r 0 1 A $106,819.42. 2 Q When did he begin working for the Book of the 3 Month Club? 4 A When he lost his job at GNC in Pittsburgh. 5 We had moved here because he had looked for a job and the 6 choices were Chicago or Mechanicsburg and I chose 7 Mechanicsburg because I felt is was better for the children, 8 and that was 1988. 9 Q So he started working there during the 10 marriage? 11 A Yes. 12 Q At that time he did not have anything vested 13 in the Time Warner savings plan until he started working 14 there during the marriage? 15 A Yes. 16 Q When did he leave Time Warner or the Book of 17 the Month Club? When did he stop accumulating that savings 18 plan? 19 A When we moved to Fort Lauderdale in 1999. 20 THE MASTER: So this was all accumulated from 21 1988 until 1999? 22 THE WITNESS: Yes. 23 THE MASTER: And you were married during that 24 entire period of time? 25 THE WITNESS: Yes. 22 0 1 THE MASTER: So this was all a marital asset? 2 THE WITNESS: Yes. 3 BY MR. MARKLEY: 4 Q You also acquired a statement for July 4, 5 2008, regarding that Time Warner savings plan; is that 6 correct? 7 A Correct. 8 Q And as of that date, what was the value of 9 the plan? 10 A $5,325.61. 11 Q So a reduction of roughly $101,000.00? 12 A Correct. 13 Q Did you -- were you aware of those 14 withdrawals? 15 A No, I was not. 16 Q Have you seen -- when did you become aware of 17 those withdrawa ls? You are aware obviously now that it is 18 lower, correct? 19 A Yes. When you got the statement is when I 20 became aware of it. 21 Q Does he have another retirement through Time 22 Warner? 23 A Yes, he has a pension. 24 Q And that pension was accumulated during the 25 same time as th e savings plan, correct? 23 a 0 1 A Yes. 2 Q So all during the marriage? 3 A Yes. 4 Q I know it's a little bit hard to understand, 5 but basically the bottom line of what you are able to pull 6 out of this is that as of a certain date he is going to 7 receive a mont hly payment, correct? 8 A Correct. 9 Q And what is that monthly payment? 10 A $1,551.61. 11 Q What is the date that that payment is 12 calculated for? 13 A December 1, 2014. 14 (Whereupon, a discussion was held off the 15 record.) 16 BY MR. MARKLEY: 17 Q Have you received any funds from that 18 retirement? 19 A No. 20 Q Are you aware if James has received any from 21 it yet? 22 A Not that I am aware of. 23 Q Do you desire a portion of that retirement? 24 A Yes, I do. 25 Q Do you also desire a portion of the 401(k)? 24 0 0 1 A Yes, I do. 2 Q Are you aware of whether or not there is a 3 survivor benefit on either of those plans? 4 A I'm not aware of it. 5 Q Are you aware if one is available? 6 A There is one available. 7 Q But you're not certain what's elected at this 8 time, correct? 9 A Correct. 10 Q So you understand that the monthly payment 11 would be reduced based on a survivor benefit, correct? 12 A Correct. 13 MR. MARKLEY: I think that is all I have. 14 (Whereupon, a discussion was held off the 15 record.) 16 THE MASTER: We are going to go back on the 17 record and allow Mr. Markley to make a summary of the 18 request that has been orally made for reimbursement to wife 19 for fees and costs that she had to incur in pursuing her 20 divorce case. Mr. Markley. 21 MR. MARKLEY: In this case there have been 22 problems trying to assess the marital assets. The 23 information that Diane just stated regarding values was 24 acquired through a subpoena without husband's cooperation or 25 the cooperation of his attorney who did withdraw from the 25 0 0 1 case earlier on. Originally we served interrogatories and 2 request for production of documents, and they were served on 3 Mr. Domanski's counsel on July 6, 2006. However, while 4 those were pending is when husband's counsel requested leave 5 to withdraw from the case and was subsequently granted that. 6 That was actually prior to me handling the case. Another 7 attorney in my office was handling the case and they are no 8 longer there. Once I took over the case, I started to clean 9 things up, I sent husband another set of interrogatories. 10 Those were on July 24, 2007. He did not file any objection 11 to any of the requests but he also did not provide any 12 answers or documents. 13 On November 6, 2007, I filed a motion to 14 compel Defendant to answer the interrogatories and requested 15 documents. On November 6, 2007, the Court entered an order 16 compelling the husband to provide the answers to the 17 interrogatories and to produce the documents requested no 18 later than 20 days after the date of that order. 19 Husband also failed to accept service even 20 though that Ohio address has been his address throughout the 21 entire litigation. So proving service had been a problem. 22 We had to go to using a Sheriff in Pinkerington, Ohio. And 23 through that, we accumulated fees which I will summarize at 24 the end. 25 On December 20, 2007, I filed a motion for 26 A M 1 sanctions regarding the previous request. Judge Ebert 2 ordered a hearing that, I believe, was scheduled in February 3 of 2008, and at the time that we filed for the sanctions, 4 prior to there being a hearing scheduled, I added the 5 attorney fees that were associated with discovery and at 6 that time it was $600.00 plus $163.00 in service fees. Now 7 since that time, the judge ordered a hearing in which Mrs. 8 Domanski and myself appeared at and husband failed to appear 9 at and Judge Ebert subsequently ordered a bench warrant 10 against James. Based on that, attending that hearing and 11 subsequent to that, again associated solely with the 12 discovery issues and his lack of cooperation, the attorney 13 fees are now about $1,000.00 and service fees are now at 14 $262.50. A little over $1,200.00 associated with just his 15 lack of cooperation. Based on that, she is requesting that 16 amount in attorney fees. 17 (Whereupon, a discussion was held off the 18 record.) 19 THE MASTER: Back on the record. Mr. Markley 20 has indicated that the testimony is concluded; however, the 21 Master has requested that Mr. Markley make a statement, 22 either himself or through his client, as to how they suggest 23 the Master deal with the issues that have been presented in 24 relation to the pension, which is the only remaining asset 25 of any value. 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the abovecause and that this is a correct transcript of same. Traci J. Colyer Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. I 1q(61 Date ?QZJ-91? E. Robert Elicker, II Divorce Master 30 0 • NMTER'S REPORT The statements of the Master, prior to the testimony, and the testimony and comments on the record will be transcribed and filed as part of the report of the Master. The exhibits relating to the pension and 401(k) are in the pretrial statement of wife and as previously noted, will be made part of the record. The Master's comments summarize essentially the process that has been undertaken in getting this case to a hearing, and the Master is satisfied that all procedures have been properly addressed and that the parties have been sufficiently served with notice of the proceedings before the Master. The Master is aware that any recommendation that he makes will not fully compensate wife for the losses that have been incurred with dissipation of the marital estate, her having to assume debt obligations, and the additional cost of fees and service costs to acquire information relating to marital assets. The Master also takes into account that fact that husband has an addiction, which is an illness, and although he is living with his sister and brother-in-law, we have to assume that he has some means of supporting himself although we have no information that can be placed on the record relating to his income. 1 • • Wife is able to provide for her own needs although her standard of living is certainly not what it would have been had she remained in the marriage and had husband not gambled away the marital estate. However, wife does have employment and an income from working with the Commonwealth of Pennsylvania. That being the case, however, the Master is of the opinion that wife has suffered a serious loss with regard to her interest in the marital estate and the obligations of debt which she has had to assume as well as costs involved in pursuing this case. The Master is going to recommend a distribution that is unequal in favor of wife and taking into account the matters that have been addressed and all the factors that have been testified to by wife. CONCLUSION OF LAN The Master finds that the marriage is irretrievably broken and that wife is entitled to a divorce under Section 3301(d) of the Domestic Relations Code, having been separated from husband since July 12, 2002, a period in excess of two years. RECOMMENDATION Husband's claims raised in the counterclaim for counsel fees and costs and alimony are denied. 2 • 0 Wife's claim for alimony is denied; the Master has considered her claim orally raised for counsel fees and costs. The request by wife for counsel fees and costs has been considered in the Master's final resolution regarding the percentage of distribution relating to the payment to wife from the pension of husband on a monthly basis. If there is a survivor benefit that can be provided through husband's pension, an election that can be made to provide wife a survivor benefit, husband is to make such election and wife is to be entitled to receive such benefit. The cost of such benefit will be deducted from the monthly pension payment, before distribution to each of the parties, so that wife can be provided the survivor benefit. Taking into account, as previously noted, the dissipation of assets, the obligation of debt, and the cost of these proceedings to wife, the Master recommends that wife receive 65% percent of the monthly benefit payable from husband's Time Warner pension. The Qualified Domestic Relations Order necessary to effectuate this recommendation shall be prepared by wife's attorney and presented to the Court for an order consistent with this recommendation. As noted, if there is a survivor benefit option, that should also be addressed in the order. Wife shall receive any sums remaining in 3 0 • husband's 401(k) with Time Warner. The Master is aware that even though wife is receiving a disproportionate amount of husband's monthly pension benefit, it is unlikely that wife can ever be made whole from the pension payments with regard to her interest in the marital estate unless she lives beyond a period of a time which is probably more than her life expectancy. The Master recognizes that it is not possible to equalize the distribution in order to give wife her entitlement but the unequal distribution of the estate that we have to distribute, which is the pension, is the only means that the Master has in order to accomplish some benefit to wife considering the issues that have been raised. The Master is aware that because of the existing bench warrant and husband's non-appearance and lack of cooperation in the proceedings here in Pennsylvania, it is unlikely that he will ever appear here in order for the Court to address any of the issues that we have had to consider in the divorce proceedings or the matters Judge Ebert intended to address for which a bench warrant has been issued. Consequently, the best result that can be accomplished under the circumstances is the distribution of the pension benefit as previously recommended, which is based on all of the factors and 4 • 0 presentation of issues that have been made before the Master through the testimony of wife and summary statements of Mr. Markley. Respectfully submitted, E. Robert Elicker, II Divorce Master 5 ?' ' L.; ..;- ?? z::' ? =, ... 's`5f 1 . - ? ? '? ? ° . ? .?'{ -7 DIANE L. DOMANSKI, Plaintiff JAMES J. DOMANSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . NO. 06 - 2533 CIVIL IN DIVORCE NOTICE OF FILING MASTER'S REPORT The report of the Master has been filed this date and copies have been sent with this notice to counsel of record and the parties. In accordance with P.R.C.P. 1920.55 within ten (10) days after the mailing of this notice and report exceptions may be filed to the report by any party. If no exceptions are filed within the ten (10) day period, the Court shall receive the report, and if approved, shall enter a final decree in accordance with the recommendations contained in the report. 462?!cai ?--* Date: 1/9/09 E. Robert Elicker, II Divorce Master NOTE: If exceptions are filed, file the original with the Prothonotary and a copy with the Master's office. At that time, the party filing the exceptions should notify the court reporter in the Master's office so arrangements can be made for a transcript. Upon completion of the transcript and receipt of payment, the entire file will be returned to the Prothonotary's office for transmittal to the Court at time of argument on the exceptions. If no exceptions are filed, counsel shall prepare an order of Court consistent with the recommendations and provide a proposed order of Court to the Master. Counsel shall also prepare and provide with the proposed order of Court a praecipe* to the Prothonotary directing the Prothonotary to submit the case to the Court for final disposition. The Master will then transfer the file with the proposed order of Court and praecipe to the Prothonotary's Office for docketing and transmittal by the Prothonotary to the Court. * Form available in the Prothonotary's office and the Master's office. (NOT the praecipe to transmit the record form as set out in P.R.C.P. 1920.73(b).) +.?-i? -?. ?. ss ? -+ -? ?' , DIANE L. DOMANSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 06-2533 JAMES J. DOMANSKI, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I, Marlin L. Markley, Esquire, verify the Complaint in Divorce has been served upon the Defendant indicated above by first class, certified mail # 7005-0390-0006-3485-5186, restricted delivery, return receipt requested, prepaid postage, pursuant to the requirements of Pa. R.C.P. 1930.4. r Cml*ft left t ` - km 411 Amehictsd tadivery is desired. l6nrlf+ 0 Print your nems)iTrWe61 so that we can reh n the card to you. ¦ Attach this card to the back of the mailplece, or on the front N space pemrits. -77,2 0 Varxar UE . a Apent ? ? ^1V D. Is ddhwy address dRaen from item I? ? Yes N YES, enter delimy address below: [3 No '? trre«?aw.eArl. X31 `7 0 :oo. 14.9 IL tr.rr.? 7005 0390 0006 3485 5186 ?rltaw+rlMle? P&FW1 .3111, Fdnuery 1004 po„ Or ftft Rea Date: 2- P -2 )"I Karlin L. Mrrsq uiLaw O F. Lauer, Jr., LLC 2108 Market ztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 ?p rrl " ? f E 4l P 'A" 1 ° !r c sv ? i DIANE L. DOMANSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06-2533 JAMES J. DOMANSKI, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant PLAINTIFF'S MOTION FOR ECONOMIC ORDER The Plaintiff, Diane Domanski, by and through her attorneys, The Law Offices of Patrick F. Lauer, Jr., L.L.C., hereby moves this Court to enter an Economic Order of Court in support thereof avers as follows: 1. Plaintiff filed a divorce complaint against Defendant on May 5, 2006, raising grounds for divorce of irretrievable breakdown of the marriage and economic claims of equitable distribution and alimony. 2. On June 9, 2008 the Honorable Edgar B. Bailey appointed E. Robert Elicker, II as Master in Divorce. 3. A hearing on the economic claims was held in the Office of the Cumberland County Divorce Master on January 6, 2009. 4. Based on that hearing the Divorce Master issued a Master's Report on January 9, 2009. 5. More than ten (10) days has elapsed since the filing of that report. No exceptions were taken with the Master's Report. 6. Plaintiff motions the Court to grant an Order that complies with the Master's Report. WHEREFORE, plaintiff, Diane Domanski, respectfully requests this Honorable Court to grant an Order that complies the Master's Report. Respectfully Marlin L. Markl , sq ' e Law Offices of Patrick . Lauer, Jr., L.L.C. 2108 Market Street, ec Building Camp Hill Pennsylvania 17011-4706 5 Date: February 13, 2009 IN 84745 Tel. (717) 763-1800 • i DIANE L. DOMANSKI, Plaintiff VS. JAMES J. DOMANSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2533 CIVIL ACTION- AT LAW- IN DIVORCE C'.F.RTiFTC'ATF, OF RFRVIC'F. I, Marlin L. Markley, Esquire, hereby certify that I have served a true and correct copy of the foregoing PLAINTIFF'S MOTION FOR ECONOMIC ORDER upon the Defendant, by depositing a copy of same in the United States Mail, first class mail, as follows: James J. Domanski 7720 Alvamar Court Pickerington, OH 43147 Date: February 13, 2009 Marlin L. Mary, Es uire Law Offices of Patrick F. Lauer, Jr., L.L.C. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 S:?J v 3 .,.n Orr ti-.: %t r..I DIANE L. DOMANSKI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES J. DOMANSKI NO. 06-2533 DIVORCE DECREE AND NOW, it is ordered and decreed that DIANE L. DOMANSKI , plaintiff, and JAMES J. DOMANSKI 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.") By the Court, )1? -t ?!X Attes : J. - W?v -,?? /or?? el??44X i7pvtf/ h!-ov e /r-. 11:11* 4?7.--Ikv /JCS/ + ? ? (.• DIANE L. DOMANSKI, Plaintiff vs. JAMES J. DOMANSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2533 CIVIL ACTION- AT LAW- IN DIVORCE ECONOMIC ORDER OF COURT yr, 'V AND NOW, this 26 day of t?19- 2009, concurrent with the entry of a decree in divorce, the following economic order is entered: (1) Diane L. Domanski is awarded 65% of James J. Domanski's Time Warner Pension 0 Plan. The Qualified Domestic Relations Order necessary to effectuate this order shall be prepared by Diane Domanski's attorney. If there is a survivor benefit option, the survivor benefit shall be chosen in favor of Diane Domanski. (2) Diane L. Domanski is awarded any and all funds remaining in James J. Domanski's Time Warner Savings Plan. The Qualified Domestic Relations Order necessary to effectuate this order shall be prepared by Diane Domanski's attorney. BY THE COURT, Distribution: ` /y -Marlin L. Markley, Esq., 2108 Market Street, Camp Hill, PA 17011 ma'Qel - James J. Domanski, 7720 Alvamar Court, Pickerington, OH 43147 alas fay' •1 t} 3 ?? ?,7 f`? 1 f ?. 9S -ZI ? ?.Jl SZ 914 GOOZ lHi -40 ate' 'ti J- 021f? DIANE L. DOMANSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-2533 JAMES J. DOMANSKI, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant AND NOW comes the above-named Plaintiff, Diane L. Domanski, by her attorney, Marlin L. Markley, Esquire, and moves the court for entry of a Qualified Domestic Relations Order in the form as attached hereto, and in support thereof avers: 1. The Plaintiff herein Diane L. Domanski, is an adult individual who currently resides at 5804 Fordham Avenue, Harrisburg, Pennsylvania 17111. 2. The Defendant herein James J. Domanski, is an adult individual who currently resides at 7720 Alvamar Court, Pickerington, Ohio 43147. 3. Plaintiff filed a divorce complaint in Cumberland County on May 5, 2006. 4. An evidentiary hearing to resolve the economic issues was held at the office of the Divorce Master on January 6, 2009. 5. The Divorce Master issued a recommendation. There were no exceptions filed, and an economic order was entered by the Honorable M.L. Ebert, Jr., on February 20, 2009. Attached hereto as Exhibit "A". 6. The attached QDRO was drafted in accord with paragraph No. 2 of the economic order. WHEREFORE, Plaintiff Diane L. Domaski, requests the Court to approve and sign the Qualified Domestic Relations Order. Respectfully :marlin L ey, Esquire Law icPatrick F. Lauer, Jr. 2108 Mazke "Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: March 3, 2009 ID# 84745 Tel. (717) 763-1800 f ? ? r y EXHIBIT A DIANE L. DOMANSKI, Plaintiff vs. JAMES J. DOMANSKI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2533 CIVIL, ACTION- AT LAW- IN DIVORCE AND NOW, this .ad day of A 2009, concurrent with the entry of a. decree in divorce, the following economic order is entered: (1) ' Diane L. Domanski is awarded 65%0 of James J. Domanski's Time Warner Pension Plan: The Qualified Domestic Relations Order necessary. to effectuate this order shall be prepared by Diane Domanski's attorney. If there is a survivor benefit option, the survivor benefit shall be chosen in favor of Diane Domanski. (2) Diane L. Domanski is awarded any and all funds remaining in James J. Domanski's Time Warner Savings Plan. The Qualified Domestic Relations Order necessary to effectuate this order shall be prepared by Diane Domanski's attorney. Pa.? "I Tins ...?.._.. ?a•:,f?c?c¢a? y BY THE COURT, %s? h? • x . Distribution; -Marlin L. Markley, Esq., 2108 Market Street, Camp Hill, PA 17011 - James J. Domanski, 7720 Alvamar Court,' Pickerington, OH 43147 DIANE L. DOMANSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06-2533 JAMES J. DOMANSKI, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant ATTORNEY VERIFICATION The undersigned attorney hereby verifies and states that: 1. He is the attorney for Plaintiff Diane L. Domanski; 2. He is authorized to make this verification on her behalf; 3. The facts set forth in the foregoing Motion for QDRO are known to him and not necessarily to his client; 4. This verification is intended to expedite the litigation; 5. A verification of the client will be supplied if demanded; 6. The facts set forth in the foregoing Motion for QDRO are true and correct to the best of his knowledge, information, and belief; and 7. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: March 3, 2009 Mar ' Markley, Esquire L w O ices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 cry ZTt?.. ?# K.` Li ? Y DIANE L. DOMANSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06-2533 JAMES J. DOMANSKI, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant AND NOW comes the above-named Plaintiff, Diane L. Domanski, by her attorney, Marlin L. Markley, Esquire, and moves the court for entry of a Qualified Domestic Relations Order in the form as attached hereto, and in support thereof avers: 1. The Plaintiff herein Diane L. Domanski, is an adult individual who currently resides at 5804 Fordham Avenue, Harrisburg, Pennsylvania 17111. 2. The Defendant herein James J. Domanski, is an adult individual who currently resides at 7720 Alvamar Court, Pickerington, Ohio 43147. 3. Plaintiff filed a divorce complaint in Cumberland County on May 5, 2006. 4. An evidentiary hearing to resolve the economic issues was held at the office of the Divorce Master on January 6, 2009. 5. The Divorce Master issued a recommendation. There were no exceptions filed, and an economic order was entered by the Honorable M.L. Ebert, Jr., on February 20, 2009. Attached hereto as Exhibit "A". 6. The attached QDRO was drafted in accord with paragraph No. 1 of the economic order. WHEREFORE, Plaintiff Diane L. Domaski, requests the Court to approve and sign the Qualified Domestic Relations Order. Respectfully Marlin L. Markle uire Law Office a 'ck F. Lauer, Jr. 2108 Market Stre Aztec Building Camp Hill, Perris filania 17011-4706 Date: March 3, 2009 IN 84745 Tel. (717) 763-1800 DIANE L. DOMANSKI, Plaintiff VS. JAMES J. DOMANSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-25,33 CIVIL ACTION- AT LAW- IN DIVORCE AND NOW, this ad day of 2009, concurrent with the entry of a. decree in divorce, the following economic order is entered: (1) Diane L. Domanski is awarded 65% of James J. Domanski's Time Warner Pension Plan: The Qualified Domestic Relations Order necessary. to effectuate this order shall be prepared by Diane Domanski's attorney. If there is a survivor benefit option, the survivor benefit shall be chosen in favor of Diane Domanski. (2) Diane L. Domanski is awarded any and all funds remaining in James J. Domanski's Time Warner Savings Plan. The Qualified Domestic Relations Order necessary to effectuate this order shall be prepared by Diane Domanski's attorney. ? Aw S J. f! Tr ....a...'. ..e.. ?nct?,-•y BY THE COURT, J. Distribution: -Marlin L. Markley, Esq., 2108 Market Street, Camp Hill, PA 17011 - James J. Domanski, 7720 Alvamar Court,'Pickerington, OH 43147 DIANE L. DOMANSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-2533 JAMES J. DOMANSKI, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant ATTORNEY VERIFICATION The undersigned attorney hereby verifies and states that: 1. He is the attorney for Plaintiff Diane L. Domanski; 2. He is authorized to make this verification on her behalf; 3. The facts set forth in the foregoing Motion for QDRO are known to him and not necessarily to his client; 4. This verification is intended to expedite the litigation; 5. A verification of the client will be supplied if demanded; 6. The facts set forth in the foregoing Motion for QDRO are true and correct to the best of his knowledge, information, and belief; and 7. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ?' Camp Hill, Pennsylvania 17011-4706 Date: March 3, 2009 ID# 84745 Tel. (717) 763-1800 r? Marlin arkley, Esquire Law s of Patrick F. Lauer,lr. 2108 ket Street, Aztec Building t ?'+ r .• -s- ?,r. ? rn ? ?. " J ?' ? -'< Q DIANE L. DOMANSKI, Plaintiff VS. JAMES J. DOMANSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2533 CIVIL ACTION- AT LAW- IN DIVORCE AND NOW, this 1 e day of M a? e. 2009, the following qualified domestic relations order is entered: WHEREAS, this Court has jurisdiction over Petitioner and Respondent and the subject matter of this Order pursuant to the Pennsylvania Divorce Code, 23 Pa.C.S.A. §§3101 et seq.,; and WHEREAS, Petitioner, Respondent and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") as defined in Section 206(d)(3) of the Employee Retirement Income security Act of 1974 ("ERISA' ; and WHEREAS, Petitioner and Respondent have stipulated that the Court enter this Order. NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COURT as follows: 1. As used in this Order, the following terms shall apply: (a) Participant shall mean James J. Domanski, whose current address is 7720 Alvamar Court, Pickerington, Ohio 43147, who was born on November 28, 1949, and whose social security number is xxx-xx-3241. (b) Alternate Payee shall mean Diane L. Domanski, whose current address is 5804 Fordham Avenue, Harrisburg, Pennsylvania 17111, who was born January 4, 1957, and whose social security number is xxx-xx-6420. (c) Plan shall mean Time Warner Retirement Savings Plan. (d) Plan Administrator shall mean Time Warner, Inc. (e) Valuation Date shall mean January 9, 2009. I e, ,,c,• S31 ?v - vl v,d ii ??tii Y?l t ?f 1 i 9 ? :6 WTI 01 NVW 60oz 1i0J:d :,Ht J0 3-D f.-:i?-(331H 2. The Alternate Payee is the former Spouse of the Participant. 3. With respect to marital property, alimony or spousal support awards, the Participant and Alternate Payee are considered married for federal income tax purposes. 4. Participant and Alternate Payee were married on December 24, 1985, and were divorced on February 25, 2009. 5. The Alternate Payee's interest in the Plan shall be 100% of the Participant's total vested account balance in the Plan as of the Valuation Date. 6. The Alternate Payee's interest in the Plan shall be payable to the Alternate Payee in a lump sum as soon as administratively feasible following the date that the Order is determined to be a QDRO. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the administrative procedures that have been established by the Plan Administrator. The amount distributed to the Alternate Payee will be the value of the Alternate Payee's account on the date the distribution is processed. 7. All beneficiary designations will be made after qualification of the Order and segregation of a separate account for the Alternate Payee pursuant to the administrative procedures established for the Plan. 8. The Alternate Payee M entitled to earnings (dividends, interest, gain and losses) on his/her award from the Valuation Date to the date that the award is segregated from the Participant's Plan account. 9. The Parties shall cause an original court certified or true copy of this Order to be served on the Plan Administrator's agent, Fidelity Employer Services Company LLC, forthwith. This Order shall remain in effect until further order of this Court. 10. Nothing contained in the Order shall be construed to require any Plan or Plan Administrator: (a) to provide to the Alternate Payee any type or form of benefit or option not otherwise available to the Participant under the Plan; (b) to provide the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant; or. (c) to pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another Order, which has been determined to be a QDRO, before this Order is determined to be a QDRO. 11. Neither Party shall accept any benefits from the Plan which are the property of the other Party. In the. event that the Plan Administrator inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall forthwith return such benefits to the Plan. In the event that the Plan Administrator inadvertently pays to the Alternate Payee any benefits that are not assigned to the Alternate Payee pursuant to the terms of this Order, the Alternate Payee shall forthwith return such benefits to the Plan. 12. The Plan and its sponsor and fiduciaries shall not be responsible for any attorney's fees incurred by the Participant or the Alternate Payee in connection with obtaining and enforcing this Domestic Relations Order. Attorney for Alternate Payee (Petitioner): Participant (Respondent): Marlin L. Markley James J. Domanski 2108 Market St., Camp Hill, PA 17011 7720 Alvamar Ct., Pickerington, OH 43147 717-763-1800 614-949-3535 BY THE COURT: `rn'L ?AA\ k J. I-D DIANE L. DOMANSKI, Plaintiff vs. JAMES J. DOMANSKI, Defendant lk AND NOW, this 1 day of domestic relations order is entered: hi, u 20018 G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2533 : CIVIL ACTION- AT LAW- IN DIVORCE M0r L\% 2009, the following qualified WHEREAS, this Court has jurisdiction over the parties and the subject matter of this Order; and WHEREAS, the parties and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") as defined in Section 206(d)(3) of the Employee Retirement Income security Act of 1974 as amended ("ERISA") and Section 414(p) of the Internal Revenue Code of 1986, as amended; and, WHEREAS, pursuant to the referenced statues, the Plan Administrator shall make a determination of the qualified status of this Order; and WHEREAS, the parties have stipulated that the Court enter this Order; NOW, THEREFORE, pursuant to this state's Domestic Relations Law, IT IS HEREBY ORDERED BY THE COURT as follows: 1. As used in this Order, the following terms shall apply: (a) "Participant" shall mean James Domanski, whose current address is 7720 Alvamar Court, Pickerington, OH 43147. (b) "Alternate Payee" shall mean Diane Domanski, whose current address is 4804 Fordham Avenue, Harrisburg, PA 17111. (c) "Plan" shall mean Time Warner Pension Plan. vi?? N]d 9 h v& WV 01 8VW 5001 J0 1p ?l ? 2. This Order relates to marital property rights. 3. The Alternate Payee is the Participant's former spouse. 4. The Participant and Alternate Payee were married on 12/24/1985. 5. The Participant and Alternate Payee were divorced on 02/25/2009. 6. This Order is intended to award the Alternate Payee a separate interest in the Participant's vested accrued benefit. 7. The Alternate Payee's interest in the Plan shall be 65% of the Participant's vested accrued benefit in the Plan as of the Participant's benefit commencement date. 8. The Alternate Payee is awarded a proportionate share of the Participant's early retirement subsidy, if any, when the Participant commences receipt of the accrued vested benefit in the Plan. Such proportionate share shall be calculated in the same manner as the Alternate Payee's share of the Participant's accrued vested benefit is calculated pursuant to this Order. However, the Alternate Payee is not entitled to any early retirement subsidy if the Alternate Payee commences before the Participant's benefit commencement date. 9. The payments to the Alternate Payee may commence at the Earliest Time Permitted by the Plan. 10. The Alternate Payee's separate interest benefit shall be paid to the Alternate payee in such form as shall be elected by the Alternate Payee at the time of benefit commencement from among those forms of benefit then currently available to Alternate Payees under the Plan. However, the benefit shall bear an actuarial adjustment under the Plan's standard assumptions for any such election. 11. The Alternate Payee's election to commence receipt of benefits under the Plan shall be made in such form and manner as acceptable to the Plan Administrator, and payments shall be made in accordance with the Plan's administrative procedures and pursuant to the terms of the Plan. 12. Pursuant to the terms of the Plan, the Participant's benefit is calculated based on the Participant's normal retirement age. The Alternate Payee's award will be adjusted for the Alternate Payee's age and life expectancy at commencement of the benefit, and the applicable benefit form option, in accordance with the actuarial assumptions set forth in the Plan. If the Alternate payee elects to start receiving benefits before the Participant's normal retirement age, the Alternate Payee's award will be actuarially reduced to account for such early commencement. 13. The Alternate Payee's awarded benefit shall revert to the Participant in the event the Alternate Payee dies prior to the commencement of the awarded benefit in the Plan. 14. In the event the Alternate Payee dies subsequent to the commencement of the awarded benefit, the Alternate Payee may have the right to designate a beneficiary, but only if applicable to the benefit form selected by the Alternate Payee, and allowed under the terms of the Plan. 15. In the event the Participant dies before both the Participant and the Alternate Payee have commenced receipt of benefits, the Alternate Payee will be treated as the Participant's surviving spouse for purpose of receiving a portion of the Participant's Qualified Pre- retirement Survivor Annuity (QPSA). The portion of the QPSA benefit to which the Alternate Payee is entitled will be in lieu of the Alternate Payee's award as defined under this Order. The Alternate Payee is entitled to a share of the QPSA proportionate to the Alternate Payee's share of the Participant's total vested accrued benefit. 16. In the event the Participant dies after commencing benefits, the Alternate Payee will be treated as the 'Participant's surviving spouse for the purpose of receiving a portion of the Participant's post retirement survivor annuity based on the participant's remaining benefit, if applicable. The Alternate Payee is entitled to a share of the QJSA proportionate to the Alternate Payee's share of the Participant's total vested accrued benefit in addition to the awarded benefit. 17. For purposes of Sections 402 and 72 of the internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant will be treated as the distributee of any distributions or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal and/or state income taxes on such distribution. If the Alternate payee is a child or other dependent of the Participant, the participant will be responsible for any federal and/or state income taxes on any such distribution. 18. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. 19. In case of a conflict between the terms of the QDRO and the terms of the Plan, the terms of the Plan will prevail. 20. Neither Party shall accept any benefits from the Plan which are the property of the other Party. In the event that the Plan Administrator inadvertently pays to the participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the participant shall forthwith return such benefits to the Plan. In the event that the Plan Administrator inadvertently pays to the Alternate payee any benefits that are not assigned to the Alternate Payee pursuant to the terms of this Order, the Alternate Payee shall forthwith return such benefits to the Plan. Attorney for Alternate Payee (Petitioner): Participant (Respondent): Marlin L. Markley James J. Domanski 2108 Market St., Camp Hill, PA 17011 7720 Alvamar Ct., Pickerington, OH 43147 717-763-1800 614-949-3535 BY THE COURT: