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HomeMy WebLinkAbout06-2758TAMMY L. JUNK, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ANDREW SCOTT JUNK, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE 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 judgement 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at: The Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 800-990-9108 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 TAMMY L. JUNK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. ANDREW SCOTT JUNK, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en ]as paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demands y la notificacion. Usted debe presentar Una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 800-990-9108 MEYERS, DESFOR, SALTZGIVER 6 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG. PA 17108 (717) 236-9428 • FAX (717) 236-2817 TAMMY L. JUNK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. Ot. - o??`/Sd ?l u c h? l ANDREW SCOTT JUNK, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Tammy L. Junk, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files the following Complaint in Divorce and in support thereof avers as follows: Plaintiff is Tammy L. Junk, an adult individual who currently resides at 155 Beetem Hollow Road, Newville, Pennsylvania. 2. Defendant is Andrew Scott Junk, an adult individual who currently resides at 155 Beetem Hollow Road, Newville, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 10, 1992 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. The Defendant is not a member of the United States Army or its allies. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the Court require the parties to participate in counseling, being so MEYERS, DESFOR, SALTZGIVER 6 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 advised, Plaintiff waives that right. 9. Plaintiff requests the Court to enter a Decree of Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. WHEREFORE, Plaintiff, Tammy L. Junk, respectfully requests this Honorable Court enter a Decree in Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. COUNTS COUNTI 10. Paragraphs one through nine of the Complaint are incorporated by reference as if fully set forth herein. 11. The grounds upon which this action is based are indignities pursuant to Section 3301(a)(6) of the Divorce Code. During the marriage, the Defendant has committed such indignities against the Plaintiff so as to make her life burdensome and intolerable. 12. Plaintiff requests the Court issue a decree in divorce based upon indignities pursuant to section 3301(a)(6) of the Divorce Code. WHEREFORE, Plaintiff, Tammy L. Junk, respectfully requests this Honorable Court to issue a Decree in Divorce divorcing her from the bonds of matrimony pursuant to Section 3301(a)(6) of the Divorce Code. COUNT II EQUITABLE DISTRIBUTION 13. Paragraphs one through twelve of the Complaint are incorporated by reference as if 4 MEYERS, DESFOR, SALTZGIVER 6 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 V17)236-9428 • FAX(717) 236-2817 fully set forth herein. 14. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under the Divorce Code. 15. Plaintiff requests that this Honorable Court equitably distribute all marital property pursuant to the Divorce Code. WHEREFORE, Plaintiff, Tammy L. Junk, respectfully requests this Honorable Court equitably distribute all property, both real and personal, tangible and intangible, acquired by the parties during their marriage. COUNT III ALIMONY PENDENTE LITE SUPPORT COUNSEL FEES, AND EXPENSES 16. Paragraphs one through fifteen of the Complaint are incorporated by reference as if fully set forth herein. 17. By reason of this action, Plaintiff will be put to considerable expense in the preparation of this case, in the employment of counsel, and the payment of costs. 18. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation, and unable to appropriately maintain herself during the pendency of this action. 19. Plaintiffs income is not sufficient to provide for her reasonable needs and pay her attorneys' fees and the costs of this litigation. MEYERS, DESFOR, SALTZGIVER d BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 20. Defendant has adequate earnings to provide support and alimony pendente lite to the Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff, Tammy L. Junk, respectfully requests this Honorable Court compel the Defendant to pay Plaintiff alimony pendente lite, support, counsel fees, costs and expenses of this action. COUNT IV ALIMONY 21. Paragraphs one through twenty of the Complaint are incorporated by reference as if fully set forth herein. 22. Plaintiff lacks sufficient property to provide for her reasonable needs. 23. Plaintiff is unable to sufficiently support herself through appropriate employment. 24. Defendant has sufficient income and assets to provide continuing support and to pay alimony to the Plaintiff. 6 MEYERS, DESFOR, SALTZGIVER 6 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 WHEREFORE, Plaintiff, Tammy L. Junk, respectfully requests this Honorable Court compel Defendant to pay alimony to Plaintiff. Respectfully submitted, I pr?vk Catherine A. Boyle, Esquir Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER 6 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 238-9428 • FAX(717)236-2817 VERIFICATION I, Tammy Junk verify that the statements made in this Complaint in Divorce are true and correct to the of my knowledge, information and belief. I understand that fa statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 5/12/06 -, ( X ) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIYER 6 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9426 • FAX (717) 236-2817 C> O C c C C G W "- -9i,, rn?: G, CI4 r> { -rs "O ` ) 7 A t-n G.? -t C:L TAMMY L. JUNK, Plaintiff V. ANDREW SCOTT JUNK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0?. - -175 S CIVIL ACTION -LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, Tammy L. Junk, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Complaint for Custody and in support thereof avers as follows: The Plaintiff is Tammy L. Junk, an adult individual residing at 155 Beetem Hollow Road, Newville, Pennsylvania. 2. The Defendant is Andrew Scott Junk, an adult individual residing at 155 Beetem Hollow Road, Newville, Pennsylvania. Plaintiff seeks custody of the following children: Name Rachel Savanna Junk Zachary Scott Junk Present Address 155 Beetem Hollow Road Newville, Pennsylvania 155 Beetem Hollow Road Newville, Pennsylvania The children was were born out of wedlock. Date of Birth November 16, 1997 September 1, 2002 The children are presently in the custody of Plaintiff and Defendant, who resides at 155 Beetem Hollow Road, Newville, Pennsylvania.. During the past five years, the children have resided with the following persons and at MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 the following addresses: Name Plaintiff and Defendant Address Dates 155 Beetem Hollow Road 2001 to the present Newville, Pennsylvania The mother of the children is Tammy L. Junk, currently residing at 155 Beetem Hollow Road, Newville, Pennsylvania. She is married. The father of the children is Andrew Scott Junk, currently residing at 155 Beetem Hollow Road, Newville, Pennsylvania He is married. 4. The relationship of plaintiff to the children is that of mother. The plaintiff currently resides with the following persons: Name Relationship Andrew Scott Junk Spouse Rachel Savanna Junk Daughter Zachary Scott Junk Son 5. The relationship of defendant to the children is that of Father. The defendant currently resides with the following persons: Name Relationship Tammy L. Junk Spouse Rachel Savanna Junk Daughter 3 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Zachary Scott Junk Son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff has been a stay-at-home mother since the birth of the parties' oldest child, Rachel. Plaintiff has always and continues to arrange her life and needs around the children. Defendant is in the process of moving to Front Street in Harrisburg, out of the children's school district. Further, Defendant's work schedule and his desire to pursue his own interests have prevented him from being substantially involved in the children's lives. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. MEYERS, DESFOR, SALTZGIVER 6 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1082 • HARRISBURG, PA 17108 (717) 238-9428 • FAX(717)236-2817 WHEREFORE, Plaintiff, Tammy L. Junk, requests the court to grant her primary physical custody of the children. Respectfully submitted, theirne A. Boyle, Esquire Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER A BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 VERIFICATION I, Tammy Junk verify that the statements made in this Complaintifor Custddy are true and correct to the of my knowledge, information and belief. I understand that f statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 5/12/06 ( X) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O.BOX1082 • HARRISBURG, PA17108 (717) 238-9428 • FAX(717)236-2817 ? 1?3., t; ? ? -? ?i,? .? .,,? ? ?l_ f ? ?, ? rn `--( F:0LESTATAFILE\GmeraAC=cOt\ 12088. I . AOS Created: 9/20/04 0:WM Revised. 918/M 8.48A Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TAMMY L. JUNK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ANDREW SCOTT JUNK, Defendant NO. 06-2758 CIVIL ACTION - LAW IN DIVORCE ATTORNEY'S ACCEPTANCE OF SERVICE I, Jennifer L. Spears, attorney for Defendant Andrew ScottJunk in the above-captioned action, hereby accept service ofthe Divorce Complaint in the above action on May 17, 2006, on his behalfand certify that I am authorized to do so. MARTSON DEARgDOR?FF WILLIAMS & OTTO By Je 0 af L. Spears, Esquire 1 st High Street Carlisle, PA 17013 (717) 243-3341 Date: May 18, 2006 Attorneys for Defendant N O nth ..c 5 y C D < , F:\FILES0ATAFILE\Gena9Cumnl112088. I.AOS2 Ueaz d: 9R0106 0 MM Revised: 5JI8106 9:12" Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TAMMY L. JUNK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ANDREW SCOTT JUNK, Defendant NO. 06-2758 CIVIL ACTION - LAW IN CUSTODY ATTORNEY'S ACCEPTANCE OF SERVICE I, Jennifer L. Spears, attorney for Defendant Andrew Scott Junk in the above-captioned action, hereby accept service of the Custody Complaint in the above action on May 17, 2006, on his behalf and certify that I am authorized to do so. MARTSO DEARDORF?F WWIIL?LIAMS & OTTO By Jennifer L. Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: May 18, 2006 Attorneys for Defendant O PIP V7 d Q TAMMY L. JUNK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ANDREW SCOTT JUNK DEFENDANT 06-2758 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, May 19, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 22, 2006 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 I CS, c_ M r -- • -n G.3 TAMMY L. JUNK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 06-2758 CIVIL TERM ANDREW SCOTT JUNK, : CIVIL ACTION - LAW Defendant : IN DIVORCE PETITION FOR EXCLUSIVE POSSESSION AND NOW, comes the Plaintiff, Tammy L. Junk, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files this Petition for Exclusive Possession and in support thereof avers as follows: 1. Petitioner is Tammy L. Junk, Plaintiff in the above-referenced matter (hereinafter "Wife"). 2. Respondent is Andrew S. Junk, Defendant in the above-referenced matter (hereinafter "Husband") 3. The parties are Husband and Wife, having been lawfully married on October 10, 1992, and separated on May 15, 2006. 4. The parties are the parents of two minor children, namely, Rachel Savanna Junk, date of birth November 16, 1997 and Zachary Scott Junk, date of birth September 1, 2002. 5. The parties own a residence located at 155 Beetem Hollow Road, Newville, PA 17241. The property is adjacent to Wife's sister's home. 6. During the marriage, Wife was a homemaker and primary care provider to the children. Wife has only recently taken an hourly position working at Wal-Mart. 7. In May 2006, Wife informed Husband she wanted to be divorced. Husband told Wife MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 he would make the process as difficult as possible for her. 8. Because of Husband's reaction, Wife and the children moved in with her sister, next door to the marital residence. 9. Husband began calling Wife constantly, even after a temporary custody arrangement had been reached with his attorney. Notably, Wife has filed a Custody Complaint and a conciliation is scheduled. There is a temporary custody agreement in place at this time. 10. Husband has appeared at Wife's work, harassing her about the divorce matter. 11. The marital residence and Wife's sister's residence share a driveway. In order to reach the marital residence, one must pass Wife's sister's home. Husband sits in the driveway and watches Wife through the windows of the sister's home 12. On at least one occasion, rather than going to the marital residence, Husband entered Wife's sister's property and parked in the carport, next to Wife's car. While parked there, Husband called Wife. 13. Husband has gone to the parties' daughter's school accompanied by his sister and insisted the child be seen by the school counselor. The child does not wish to see the counselor and to date, has not expressed any issues to the counselor. Husband seems to by trying to create a witness for the custody matter he has threatened to pursue. 14. During this same time, Husband moved his belongings, the family dog and much of the furniture and furnishings from the marital residence to his sister's home in Harrisburg. 4 MEYERS, DESFOR, SALTZGIVER 3 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 15. Wife's counsel then wrote to Husband's counsel to confirm Husband had abandoned the marital residence and informed her that Wife would be moving back in with the children. 16. Upon learning Wife's intent, Husband returned to the marital residence with a borrowed set of bunk beds, claiming he has not moved out. Husband did not return his personal belongings or even so much as stock the refrigerator. 17. Husband spends his nights at his sister's residence. 18. Over Memorial Day weekend, Husband's scheduled time with the children, Wife and her girlfriend entered the house and readied it for her and the children. There were no signs that Husband and the children had spent any time at the house. 19. Husband returned late Sunday with the children and wanted to argue with Wife about the house, insisting he was living there. 20. Rather than argue in front of the children, Wife returned to her sister's home and remains there to date with the children. 21. Wife believes that Husband is only pretending to live in the marital residence in order to further his custody case. 22. Husband's behavior is becoming more and more erratic towards Wife. 23. During the marriage, there were arguments where Husband punched a hole in the wall and destroyed other property in a rage. 24. Wife believes that Husband has effectively abandoned the marital residence and wishes to reside there with the children. 5 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 25. Wife feels that Husband coming and going sporadically from the home will be disruptive to the children and further expose them to Husband's increasingly erratic behavior. 26. At this time, Wife is without the financial means to obtain any other residence for her and the children. WHEREFORE, Plaintiff, Tammy L. Junk, respectfully requests this Honorable Court enter an Order granting her exclusive possession of the marital residence. Respectfully submitted, Catherine A. Boyle, Esquire Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff 6 MEYERS, DESFOR, SALTZGIVER do BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 VERIFICATION I, Tammy L. Junk , verify that the statements made in this Petition for Exclusive Possession are true and correct to the bes of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 6/1/2006 -? (X ) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGNER 8, BOYLE 410 NORTH SECOND STREET • RO. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 TAMMY L. JUNK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 06-2758 CIVIL TERM ANDREW SCOTT JUNK, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this I day of , 2006, a copy of the foregoing Plaintiff's Petition for Exclusive Possession was sent, U.S. Mail, postage paid to: Andrew Scott Junk c/o Jennifer Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Respectfully submitted, C / 4V-? Catherine A. Boyle, Esqui Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 r:. -7 C'? F:\FILE5\DATAFILE\General\Current\12088, Lreconsideration/tde Revised: 6/14/06 10: 06AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TAMMY L. JUNK, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2758 : CIVIL ACTION - LAW ANDREW SCOTT JUNK, Defendant : IN DIVORCE DEFENDANT'S MOTION FOR RECONSIDERATION AND NOW, comes the Defendant, Andrew S. Junk, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby files this Motion for Reconsideration: On or about June 1, 2006 Plaintiff, Tammy L. Junk, filed a Petition for Exclusive Possession of the marital residence. 2. Plaintiffs Petition alleged many inaccuracies and Defendant timely filed anResponse to the Petition on June 13, 2006. 3. Unbeknownst to Defendant until today, June 14, 2006, the Honorable Judge J. Wesley Oler, Jr.,signed a Rule to Show Cause on June 8, 2006 which sets a date and time for a hearing on the matter and allows Plaintiffexclusive possession ofthe marital residence pending the hearing. Acopy of said Response is attached hereto for reference. 4. Defendent respectfully requests reconsideration of the matter granting exclusive possession of the marital residence to Plaintiffuntil a hearing on the facts can be heard because Defendant has been living in the marital residence since Plaintiff vacated it approximately one month earlier, despite what Plaintiff's Petition alleges. Defendant's Response clearly indicates that he has been living in the marital residence and this is only an attempt by Plaintiffto create a status quo as to the possession of the marital residence and custody. 6. Defendant has been residing at the marital residence since Plaintiffchose to leave and all of his personal belongings remain there. 7. Defendant should rightfully be allowed to remain in the marital residence until a hearing on the matter can be held. WHEREFORE, Defendant respectfully requests Your Honor reconsider the Rule to Show Cause issued June 8, 2006 granting Plaintiff exclusive possession of the marital residence and instead allow Defendant to remain residing there pending a hearing on the matter. MARTSON DEARDORFF WILLIAMS & OTTO By J T& L. Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: June 14, 2006 Attorneys for Defendant TAMMY L. JUNK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ANDREW SCOTT JUNK, Defendant AND NOW, this NO. 06-2758 CIVIL ACTION - LAW : IN DIVORCE ORDER OF COURT day of , 2006, in consideration of Plaintiff's Petition for Exclusive Possession and Defendant's Response thereto, it is hereby ORDERED that Plaintiffs Petition is denied. It is further ORDERED that Wife may enter the marital residence at 155 Beetem Hollow Road, Newville, PA only with Husband's permission until further Order of Court. BY THE COURT: J. F\FILES\DATAFILE\General\QnTent\12088.1 ans1Ade Revised. 6,113106 1046A M N 7 -p Jennifer L. Spears, Esquire ?, ..' ?1 MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 i (717) 243-3341 Attorneys for Defendant TAMMY L. JUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2758 CIVIL ACTION - LAW ANDREW SCOTT JUNK, Defendant IN DIVORCE DEFENDANT'S RESPONSE TO PLAINTIFF'S PETITION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE AND NOW, comes the Defendant, Andrew S. Junk, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby files his response to Plaintiff's Petition: 1. Admitted. 2. Admitted. 3. Admitted in part, denied in part. The parties separated when Wife voluntarily left the marital residence on Sunday, May 14, 2006. 4. Admitted. 5. Admitted. 6. Admitted in part and denied in part. It is admitted that Wife began employment with Wal- Martin April of 2006, but has worked part-time cleaning for the majority of their marriage. Husband and Wife were both the primary caretakers for the children. 7. Denied. Wife first discussed wanting a divorce with Husband in March or April of 2006. Husband has only stated an intent to have an amicable divorce and has remained willing to make compromises with Wife. Wife has repeatedly stated that she will make their divorce as expensive as possible for Husband. Wife's actions since separation have shown a pattern ofbehavior whereby Wife is unwilling to work out any issues amicably. Wife left the marital home with the children, taking the majority of the property and refusing Husband any access to the children or information regarding the children. Wife continues to harass Husband in the marital residence by entering the house and bringing her friends and relatives at various hours of the day and late into the night, every day, and moves Husband's property from his bedroom to the basement numerous times. Wife also removed a lock or latch on a sliding glass door at the marital residence and continues to enter the home and remove items, or move some back in, as she pleases. Wife also takes all mail directly from the mailbox without allowing Husband to get or see any mail. Furthermore, Wife or her invitee(s) kicked in a bedroom door in the home while Husband was out with his children on June 10, 2006. 8. Denied. Wife chose to leave the marital residence with the children because ofher own desire to separate from Husband, not because of Husband's actions or reactions. Husband remained committed to working on the marriage, or in the alternative, peacefully coexisting in the marital residence with the children so he could continue to spend time with them daily. 9. Admitted in part, denied in part. Husband has called Wife once every evening to ask if he can see or speak to his children. Once or twice since separation, the parties have discussed matters other than the children relating to their divorce over the telephone. Husband's intent with each phone call is to see or speak to his children as he feels Wife has cut him off from the children. This has nothing to do with the marital residence and is improperly included in Plaintiff's Petition for Exclusive Possession. 10. Denied. Husband went to Wal-Mart one time since Wife left the marital residence to do some shopping and only said "hello" to Wife. Husband's mother also works at the same Wal-Mart as Wife during similar hours. This has nothing to do with the marital residence and is improperly included in Plaintiff's Petition for Exclusive Possession. 11. Denied. Husband does not sit outside Wife's sister's house or watch in the windows. On two occasions, Husband stopped his car at the end of the driveway on the way to his house to say hello to his children who were playing the in the yard. 12. Denied. On one occasion, Husband saw that Wife's car was smashed in the back and he called Wife to see if the children were in an accident and if they were alright. He pulled into the driveway to look closer at the damage on the car, which is marital property, and then promptly left. 13. Admitted in part, denied in part. Husband was concerned for the children's welfare because Wife removed them from their home without advance notice or warning, and refused to let Husband see or talk to the children. Husband alerted their daughter's guidance counselor of the separation and the manner in which it happened, so that someone at school would be aware of the situation and could keep a watch for signs of emotional distress. Furthermore, in April 2006, Husband and Wife were informed at a Parent-Teacher Conference that their daughter was displaying signs of distress. This has nothing to do with the marital residence and is improperly included in Plaintiff's Petition for Exclusive Possession. 14. Admitted in part, denied in part. Husband has taken some ofhis belongings (mostly those that belonged to his mother and are not marital property) to his sister's residence in order to protect that property. Wife has entered the marital residence on a daily basis since she vacated it, and often takes more property, moves Husband's property to the basement, or likewise harasses Husband in his own home. Husband has not excluded Wife from the residence, but has had no security or guarantee of safety to himself or his belongings with Wife coming and going and bringing friends and family members in and out ofthe house. Husband and some ofhis belongings, as well as other items he has had to borrow byway of furniture and the like to replace what Wife took, all remain at the marital residence. Wife removed the dog from the home a few days after she left. 15. Admitted that Wife's counsel wrote to Husband's counsel to inform that Wife would move back in if Husband was out of the marital residence as was Wife's contention. Denied that Husband's counsel confirmed that Husband was no longer living at the marital residence. 16. Denied. Husband never permanently left the marital residence nor did he have any intent to do so. As explained above, Husband moved out some of his property to protect it and he had to borrow furniture to replace what Wife took so there was a place for the children to sleep in their own home. IT Admitted in part, denied in part. Husband remains living at the marital residence. Husband spent one week house-sitting for his sister and her husband, of which Wife was aware before the separation. 18. Denied. Husband has no knowledge of this except that Wife, her sister and her friend were in the marital residence over the Memorial Day weekend while Husband was spending the days outside at different events with his children. 19. Admitted that Husband returned home at approximately 9:00 p.m. after spending the day outside with his children only to find that Wife and her sister and friends had again moved his belongings into the basement, and that Wife had moved some property back into the marital residence. By way of further explanation, Wife and her friends stayed until midnight to harass Husband before leaving. 20. Admitted that Wife ultimately left the marital residence late that night after the children were put to bed, and Husband had showered and attempted to go to bed. 21. Denied. Husband has remained living at the marital residence making due with the little amount ofproperty Wife left and needing to protect what he still had because Wife enters the home with her sister and friends on a daily basis and sometimes removes more property. 22. Denied. Byway of further explanation, Wife vacated the marital home with the children and most of the contents when Husband left to allow Wife to spend time with the children alone on Mother's Day. Wife has continued to harass Husband in his home and threaten his privacy on a daily basis, and has severely limited his contact with his children, leaving Husband with no control or say over anything in these matters. This is enough to cause concern for one's family, but in no way has Husband acted erratically. 23. Denied. Husband has never destroyed property at his house, nor kicked or punched a wall. There are no holes in the walls caused by Husband. Arguments were rare until Wife announced she wanted a divorce, and they were generally initiated by Wife. To the contrary, Wife or a guest of hers kicked in Husband's bedroom door over the weekend of June 10, 2006, on one of their daily entries into the marital residence. 24. Denied that Husband has abandoned the marital residence. Husband remains living there and would like to remain living there until custody and property issues can be determined by the court or mutual agreement. 25. Denied. Wife's removal of the children from the home and the limits she placed on seeing or speaking to their father have been disruptive to the children. Husband has remained in the home to give the children some stability. 26. Denied. Wife's parents live nearby and have plenty of space for the children and Wife if she cannot remain at her sister's until custody and property matters are resolved. Furthermore, Wife does not have the ability to pay the mortgage and all bills at the marital residence, and Husband is best suited to remain there and pay the bills and keep the family out of financial crisis. WHEREFORE, Husband prays this Honorable Court to deny Wife's Petition for Exclusive Possession and further order and direct that Wife remain out of the marital residence unless she has permission or is accompanied by Husband to prevent any further damage to the property and dissipation of marital assets. MARTSON DEARDORFF WILLIAMS & OTTO By Jennifer L. Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: June 13, 2006 Attorneys for Defendant VERIFICATION The foregoing Response to Plaintiff s Petition for Exclusive Possession is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if l make knowingly false averments, I may be subject to criminal penalties. drew Scott Juni( F:\FILES\DATAFILE\General\Curtent\12088. Lans 1 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Answer to Petition for Exclusive Possession of Marital Residence was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Catherine A. Boyle, Esquire MEYERS, DESFOR, SALTZGIVER & BOYLE P.O. Box 1062 Harrisburg, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO y cia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 13, 2006 VERIFICATION Jennifer L. Spears, Esquire, of the firm of MARTSON DEARDORFF WILLIAMS & OTTO, attorneys for Defendant in the within action, certifies that the statements made in the foregoing Motion for Reconsideration are true and correct to the best of her knowledge, information and belief. She understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Jennif r V'-Sp-ears, Esquire CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorlfWilliams & Otto, hereby certify that a copy of the foregoing Defendant's Motion for Reconsideration was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Catherine A. Boyle, Esquire MEYERS, DESFOR, SALTZGIVER & BOYLE P.O. Box 1062 Harrisburg, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO (gY qcia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 14, 2006 C7 ^? ``- ? _ .??-? .--t c.__ r? ? ' J 1. ?, ?? -r1 cs ? =c ti c ?? I JUN 0 5 2006 TAMMY L. JUNK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 06-2758 CIVIL TERM ANDREW SCOTT JUNK, : CIVIL ACTION - LAW Defendant : IN DIVORCE RULE TO SHOW CAUSE AND NOW, this L day of 'XL , 2006, a RULE is issued upon the Defendant, Andrew Scott Junk, to show cause why the within Petition for Exclusive Possession should not be granted. Until such time a hearing may be held, Plaintiff shall have exclusive possession of the marital residence. Said Rule returnable at hearing on the day of , 2006 at m. o'clock in Courtroom No. t ? ia1oG mac. J. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 !7171 9RAA49A . FAX /7171 9'3A_9A17 BY THE COURT: r r c) i.t C' 7 ? di f? 't LLS L .°. ?° ,= O . ? _ W G TAMMY L. JUNK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 06-2758 CIVIL TERM ANDREW SCOTT JUNK, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER AND NOW, this day of 2006, in consideration of Plaintiff, Tammy L. Junk's, Petition for Exclusive Possession, it is hereby Ordered that Plaintiff is granted exclusive possession of the marital residence. BY THE COURT: J. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 r TAMMY L. JUNK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 06-2758 CIVIL TERM ANDREW SCOTT JUNK, : CIVIL ACTION - LAW Defendant : IN DIVORCE PETITION FOR EXCLUSIVE POSSESSION AND NOW, comes the Plaintiff, Tammy L. Junk, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files this Petition for Exclusive Possession and in support thereof avers as follows: 1. Petitioner is Tammy L. Junk, Plaintiff in the above-referenced matter (hereinafter "Wife"). 2. Respondent is Andrew S. Junk, Defendant in the above-referenced matter (hereinafter "Husband") 3. The parties are Husband and Wife, having been lawfully married on October 10, 1992, and separated on May 15, 2006. 4. The parties are the parents of two minor children, namely, Rachel Savanna Junk, date of birth November 16, 1997 and Zachary Scott Junk, date of birth September 1, 2002. 5. The parties own a residence located at 155 Beetem Hollow Road, Newville, PA 17241. The property is adjacent to Wife's sister's home. 6. During the marriage, Wife was a homemaker and primary care provider to the children. Wife has only recently taken an hourly position working at Wal-Mart. 7. In May 2006, Wife informed Husband she wanted to be divorced. Husband told Wife MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 he would make the process as difficult as possible for her. 8. Because of Husband's reaction, Wife and the children moved in with her sister, next door to the marital residence. 9. Husband began calling Wife constantly, even after a temporary custody arrangement had been reached with his attorney. Notably, Wife has filed a Custody Complaint and a conciliation is scheduled. There is a temporary custody agreement in place at this time. 10. Husband has appeared at Wife's work, harassing her about the divorce matter. 11. The marital residence and Wife's sister's residence share a driveway. In order to reach the marital residence, one must pass Wife's sister's home. Husband sits in the driveway and watches Wife through the windows of the sister's home 12. On at least one occasion, rather than going to the marital residence, Husband entered Wife's sister's property and parked in the carport, next to Wife's car. While parked there, Husband called Wife. 13. Husband has gone to the parties' daughter's school accompanied by his sister and insisted the child be seen by the school counselor. The child does not wish to see the counselor and to date, has not expressed any issues to the counselor. Husband seems to by trying to create a witness for the custody matter he has threatened to pursue. 14. During this same time, Husband moved his belongings, the family dog and much of the furniture and furnishings from the marital residence to his sister's home in Harrisburg. 4 MEYERS, DESFOR, SALTZGIVER do BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 15. Wife's counsel then wrote to Husband's counsel to confirm Husband had abandoned the marital residence and informed her that Wife would be moving back in with the children. 16. Upon learning Wife's intent, Husband returned to the marital residence with a borrowed set of bunk beds, claiming he has not moved out. Husband did not return his personal belongings or even so much as stock the refrigerator. 17. Husband spends his nights at his sister's residence. 18. Over Memorial Day weekend, Husband's scheduled time with the children, Wife and her girlfriend entered the house and readied it for her and the children. There were no signs that Husband and the children had spent any time at the house. 19. Husband returned late Sunday with the children and wanted to argue with Wife about the house, insisting he was living there. 20. Rather than argue in front of the children, Wife returned to her sister's home and remains there to date with the children. 21. Wife believes that Husband is only pretending to live in the marital residence in order to further his custody case. 22. Husband's behavior is becoming more and more erratic towards Wife. 23. During the marriage, there were arguments where Husband punched a hole in the wall and destroyed other property in a rage. 24. Wife believes that Husband has effectively abandoned the marital residence and wishes to reside there with the children. 5 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 25. Wife feels that Husband coming and going sporadically from the home will be disruptive to the children and further expose them to Husband's increasingly erratic behavior. 26. At this time, Wife is without the financial means to obtain any other residence for her and the children. WHEREFORE, Plaintiff, Tammy L. Junk, respectfully requests this Honorable Court enter an Order granting her exclusive possession of the marital residence. Respectfully submitted, r ?\ Catherine A. Boyle, Esquire Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff 6 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 r 1 VERIFICATION I, Tammy L. Junk , verify that the statements made in this Petition for Exclusive Possession are true and correct to the of my knowledge, information and belief. I understand that fal statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 6/1/2006 (X ) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 TAMMY L. JUNK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 06-2758 CIVIL TERM ANDREW SCOTT JUNK, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this I day of , 2006, a copy of the foregoing Plaintiff's Petition for Exclusive Possession was sent, U.S. Mail, postage paid to: Andrew Scott Junk c/o Jennifer Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Respectfully submitted, Catherine A. Boyle, Esquirk/ Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 3 OT, f? F9HUSOATAFILE\Gmm4Curt t\12088. Lmul/tde Re d: 6113106 1046A Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TAMMY L. JUNK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ANDREW SCOTT JUNK, Defendant NO. 06-2758 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S RESPONSE TO PLAINTIFF'S PETITION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE AND NOW, comes the Defendant, Andrew S. Junk, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby files his response to Plaintiff's Petition: Admitted. 2. Admitted. 3. Admitted in part, denied in part. The parties separated when Wife voluntarily left the marital residence on Sunday, May 14, 2006. Admitted. Admitted. 6. Admitted in part and denied in part. It is admitted that Wife began employment with Wal- Mart in April of2006, but has worked part-time cleaning for the majority of their marriage. Husbandand Wife were both the primary caretakers for the children. 7. Denied. Wife first discussed wanting a divorce with Husband in March or April of2006. Husband has only stated an intent to have an amicable divorce and has remained willing to make compromises with Wife. Wife has repeatedly stated that she will make their divorce as expensive as possible for Husband. Wife's actions since separation have shown a pattern ofbehavior whereby Wife is unwilling to work out any issues amicably. Wife left the marital home with the children, taking the majority ofthe property and refusing Husband any access to the children or information regarding the children. Wife continues to harass Husband in the marital residence byentering the house and bringing her friends and relatives at various hours ofthe day and late into the night, every day, and moves Husband's property from his bedroom to the basement numerous times. Wife also removed a lock or latch on a sliding glass door at the marital residence and continues to enter the home and remove items, or move some back in, as she pleases. Wife also takes all mail directly from the mailbox without allowing Husband to get or see any mail. Furthermore, Wife or her invitee(s) kicked in a bedroom door in the home while Husband was out with his children on June 10, 2006. 8. Denied. Wife chose to leave the marital residence with the children because ofher own desire to separate from Husband, not because of Husband's actions or reactions. Husband remained committed to working on the marriage, or in the alternative, peacefully coexisting in the marital residence with the children so he could continue to spend time with them daily. 9. Admitted in part, denied in part. Husband has called Wife once every evening to ask if he can see or speak to his children. Once or twice since separation, the parties have discussed matters other than the children relating to their divorce over the telephone. Husband's intent with each phone call is to see or speak to his children as he feels Wife has cut him off from the children. This has nothing to do with the marital residence and is improperly included in Plaintiff's Petition for Exclusive Possession. 10. Denied. Husband went to Wal-Mart one time since Wife left the marital residence to do some shopping and only said "hello" to Wife. Husband's mother also works at the same Wal-Mart as Wife during similar hours. This has nothing to do with the marital residence and is improperly included in Plaintiff's Petition for Exclusive Possession. 11. Denied. Husband does not sit outside Wife's sister's house or watch in the windows. On two occasions, Husband stopped his carat the end of the driveway on the way to his house to say hello to his children who were playing the in the yard. 12. Denied. On one occasion, Husband saw that Wife's car was smashed in the back andhe called Wife to see ifthe children were in an accident and iftheywere alright. He pulled into the driveway to look closer at the damage on the car, which is marital property, and then promptly left. 13. Admitted in part, denied in part. Husband was concerned for the children's welfare because Wife removed them from their home without advance notice or warning, and refused to let Husband see or talk to the children. Husband alerted their daughter's guidance counselor ofthe separation and the manner in which it happened, so that someone at school would be aware ofthe situation and could keep a watch for signs of emotional distress. Furthermore, in April 2006, Husband and Wife were informed at a Parent-Teacher Conference that their daughter was displaying signs of distress. This has nothing to do with the marital residence and is improperly included in Plaintiff's Petition for Exclusive Possession. 14. Admitted in part, denied in part. Husband has taken some ofhis belongings (mostlythose that belonged to his mother and are not marital property) to his sister's residence in order to protect that property . Wife has entered the marital residence on a daily basis since she vacated it, and often takes more property, moves Husband's property to the basement, or likewise harasses Husband in his own home. Husband has not excluded Wife from the residence, but has had no security or guarantee of safety to himselfor his belongings with Wife coming and going andbringing friends and family members in and out ofthehouse. Husband and some ofhis belongings, as well as other items he has had to borrow byway offumitureandthelike toreplace what Wife took, allremain atthemarital residence. Wife removed the dog from the home a few days after she left. 15. Admitted that Wife's counsel wrote to Husband's counsel to inform that Wife would move back in ifHusband was out ofthe marital residence as was Wife's contention. Denied that Husband's counsel confirmed that Husband was no longer living at the marital residence. 16. Denied. Husband neverpermanently left the marital residence nor did he have any intent to do so. As explained above, Husband moved out some of his property to protect it and he had to borrow furniture to replace what Wife took so there was a place for the children to sleep in their own home. 17. Admitted in part, denied in part. Husband remains living at the marital residence. Husband spent one week house-sitting for his sister and her husband, of which Wife was aware before the separation. 18. Denied. Husband has no knowledge of this except that Wife, her sister and her friend were in the marital residence over the Memorial Day weekend while Husband was spending the days outside at different events with his children. 19. Admitted thatHusband returned home at approximately 9:00 p.m. after spending the day outside with his children only to find that Wife and her sister and friends had again moved his belongings into the basement, and that Wife had moved some propertyback into the marital residence. Bywayof further explanation, Wife and her friends stayed until midnight to harass Husband before leaving. 20. Admitted that Wife ultimatelyleft the marital residence We that night after the children were put to bed, and Husband had showered and attempted to go to bed. 21. Denied. Husband has remained living at the marital residence making due with the little amount ofproperty Wife left and needing to protect what he still had because Wife enters the home with her sister and friends on a daily basis and sometimes removes more property. 22. Denied. Byway of further explanation, Wife vacated the marital home with the children and most of the contents when Husband left to allow Wife to spend time with the children alone on Mother's Day. Wife has continued to harass Husband in his home and threaten his privacy on adailybasis, and has severely limited his contactwith his children, leavingHusband with no control or say over anything in these matters. This is enough to cause concern for one's family, but in no way has Husband acted erratically. 23. Denied. Husband has never destroyed property at his house, nor kicked or punched a wall. There are no holes in the walls caused by Husband. Arguments were rare until Wife announced she wanted a divorce, and they were generally initiated by Wife. To the contrary, Wife or a guest of hers kicked in Husband's bedroom door over the weekend of June 10, 2006, on one of their daily entries into the marital residence. 24. Denied that Husband has abandoned the marital residence. Husband remains livingthere and would like to remain living there until custody and property issues can be determined by the court or mutual agreement. 25. Denied. Wife's removal ofthe children from the home and the limits she placed on seeing or speaking to their father have been disruptive to the children. Husband has remained in the home to give the children some stability. 26. Denied. Wife's parents live nearby and have plenty of space for the children and Wife if she cannot remain at her sister's until custody and property matters are resolved. Furthermore, Wife does not have the ability to pay the mortgage and all bills at the marital residence, and Husband is best suited to remain there and pay the bills and keep the family out of financial crisis. WHEREFORE, Husband prays this Honorable Court to deny Wife's Petition for Exclusive Possession and further order and direct that Wife remain out of the marital residence unless she has permission or is accompanied by Husband to prevent any further damage to the property and dissipation of marital assets. MARTSON DEARDORFF WILLIAMS & OTTO By ,' I C Jennifer L. pears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date; June 13, 2006 Attorneys for Defendant VERIFICATION The foregoing Response to Plaintiff's Petition forExclusive Possession is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language ofthe document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content ofthe document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that ifl make knowingly false averments, I may be subject to criminal penalties. drew Scott JunI( F.\Fl E DATA LEZ.. 6CUrt N12088.1 t CERTIFICATE OF SERVICE I, TriciaD. Eckenroad, an authorized agent forMartson Deardorff Williams & Otto, hereby certify that acopyofthe foregoing Answer to Petition for Exclusive Possession ofMarital Residence was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Catherine A. Boyle, Esquire MEYERS, DESFOR, SALTZGNER & BOYLE P.O. Box 1062 Harrisburg, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO r Y A . . - ., o v.. ?o / ? icia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 13, 2006 ? ra c7 6r ? c_ _'_ -r' .. .?: _ *',J ..; m ._) W C'? £.G _, a: ' TAMMY L. JUNK, PLAINTIFF V. ANDREW SCOTT JUNK, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-2758 CIVIL TERM ORDER OF COURT AND NOW, this day of June, 2006, upon consideration of Defendant's Motion for Reconsideration, and following a telephone conference with counsel for Plaintiff in the person of Catherine A. Boyle, Esq., and counsel for Defendant in the person of Jennifer L. Spears, Esq., on this date, the motion is granted to the extent that the grant of exclusive possession of the marital residence to Plaintiff is deleted from the Rule To Show Cause issued on June 8, 2006. By the Court, vdatherine A. Boyle, Esquire For Plaintiff A'e?nnifer L. Spears, Esquire For Defendant :sal ,/ /,"L A/ J esley , Jr., J 1 0 ;S !1V c 1 ".!? 913UI 1??IdiC ir_Jr{1:?C) c _. TAMMY L. JUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ANDREW SCOTT JUNK, Defendant 06-2758 CIVIL TERM IN RE: PETITION FOR EXCLUSIVE POSSESSION ORDER OF COURT AND NOW, this 7th day of August, 2006, upon consideration of Plaintiff's Petition for Exclusive Possession [of the parties' marital residence at 155 Beetem Hollow Road, Newville, Pennsylvania], and following an initial half-day of hearing, and the hearing not yet being completed, the record shall remain open, and a further half-day of hearing is scheduled for Monday, November 30, 2006, at 9:30 a.m. It is noted that at the time of adjournment on today's date Plaintiff had completed her case-in-chief and Defendant had commenced his case-in-chief and was being subjected to direct examination by his counsel. It is further noted that at the time of adjournment on today's date Plaintiff's Exhibits 1, 2, 3, 4, 5, 6, and 7 had been identified and admitted. No other exhibits had been identified or admitted. Both counsel have requested copies of the transcript from today's proceeding. 1 MINVAIkSNN3d ,uNno^ r1r.n;7N nNio 6 S :8 WV 8- 9nti 90OZ AWIONOHLOW 34 dO 33wo-mlm 4 s By the Court, ?X-therine A. Boyle, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 For Plaintiff ../ennifer L. Spears, Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 For Defendant J : mae V? ?I ?O Ay, V E D J ,h TAMMY L. JUNK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2758 CIVIL ACTION - LAW ANDREW SCOTT JUNK, Defendant IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this 7 [?_ day of A ?, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Tammy L. Junk and the Father, Andrew Scott Junk, shall have shared legal custody of Rachel Savanna Junk, born November 16, 1997 and Zachary Scott Junk, born September 1, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. 2. The parents shall have shared physical custody on a week on/week off basis. The exchange day and time shall be Fridays when the parent receiving custody shall pick up the children from day care. Father's week shall begin August 4, 2006. 3. The non-custodial parent shall have physical custody of the children on Wednesday when they shall pick up the children from daycare and return them to the custodial parent's home at 7:00 p.m. 4. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of YNVAIANN3d )aNno,:^ (," YlNggaNN1;? {0 =6 pia B- Ofld you PNI mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for August 25, 2006 at 2:30 p.m. BY THE COURT, d1 O? cc.?aSUerrrie A. Boyle, Esquire, Counsel for Mother nmfer Spears, Esquire, Counsel for Father n?? TAMMY L. JUNK, Plaintiff V. ANDREW SCOTT JUNK, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-2758 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Rachel Savanna Junk November 16, 1997 Mother Zachary Scott Junk September 1, 2002 Mother 2. A Conciliation Conference was held in this matter on August 3, 2006, with the following in attendance: The Mother, Tammy L. Junk, with her counsel, Catherine A. Boyle, Esquire, and the Father, Andrew Scott Junk, with his counsel, Jennifer Spears, Esquire. 3. Father alleges that he is currently living in the marital home. Mother disputes this allegation and alleges Father is living in Harrisburg. Mother is temporarily living next door to the marital home with her sister. A hearing on exclusive possession of the marital home is scheduled for Monday, August 7, 2006 before the Honorable J. Wesley Oler, Jr. 4. Pending the outcome of the possession of the marital home and Father's residence, the Conciliator suggests a Temporary Order of Court, providing for shared legal custody and shared physical custody on a week on/week off. Another conciliation conference is scheduled before the start of school. 5. Mother does not agree with the temporary Order. Father agrees with the temporary Order. $ -3 e? g?,? x f, bl ? Date cqu ine M. Verney, Esquire Custody Conciliator TAMMY L. JUNK, Plaintiff V. ANDREW SCOTT JUNK, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2758 CIVIL TERM IN RE: PETITION FOR EXCLUSIVE POSSESSION AMENDED ORDER OF COURT AND NOW, this 14'' day of August, 2006, the prior order of court dated August 7, 2006, is hereby amended to reflect that a further half-day hearing is scheduled for Monday, November 27, 2006, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. In all other respects, the prior order shall remain in full force and effect. Catherine A. Boyle, Esq. 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 Attorney for Plaintiff Jennifer L. Spears, ] 10 East High Street Carlisle, PA 17013 Attorney for Defen( :rc BY THE COURT, VINVAIASN N',gd Alton ; l.Nno CI :II WV 91 snv9001 AbYIONIOrLlOd;j 3H1 3O K H1 0-03113 AU6 2 6 NU6 TAMMY L. JUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2758 CIVIL ACTION - LAW ANDREW SCOTT JUNK, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this LY it day of , 2006, upon consideration of the attached Custody Conciliation port, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. /, of the Cumberland County Court House, on the 11?6t day of A 04e a ?? , 2006, at 9 :.3 O o'clock, M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the Temporary Order of Court dated August 7, 2006 shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. cc- atherine A. Boyle, Esquire, counsel for Mother ,eennifer Spears, Esquire, counsel for Father _% Sl3a ?e ?? BY THE COURT, 3f N?'A?15i?N?d 0C SAV 9002 ?,dvlor ..0 7a 3HL 30 z TAMMY L. JUNK, Plaintiff V. ANDREW SCOTT JUNK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-2758 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Rachel Savanna Junk November 16, 1997 Zachary Scott Junk September 1, 2002 shared shared 2. A Conciliation Conference was held August 25, 2006 with the following individuals in attendance: The Mother, Tammy L. Junk, with her counsel, Catherine A. Boyle, Esquire, and the Father, Andrew Scott Junk, with his counsel, Jennifer Spears, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered a Temporary Order of Court dated August 7, 2006 providing for shared legal and physical custody. 4. Father filed a custody complaint at docket No. at 2006-2755. Father wishes to withdraw that complaint. 5. There is a Petition for Special Relief seeking Exclusive Possession of the marital home currently pending before the Honorable J. Wesley Oler, Jr. 6. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody, with Father having alternating weekends, Thursday to Monday and one evening per week. Mother suggests week on/week off for the summer. Mother maintains that Father's spends considerable time on the internet on pornographic sites and is not a suitable caregiver for the children. She also asserts that Father is not living in the marital home, which is next door to where Mother has relocated, as he claims. She further claims that there is not sufficient furniture in the home to make the home comfortable for the children to stay there. 7. Father's position on custody is as follows: Father seeks shared legal and shared physical custody on a week on/week off basis. Father asserts that he is living in the marital home and there is little furniture there because Mother has removed it. He claims there is a dinner table and beds for he and the children in the home. He denies the pornographic allegations. 8. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the week on/week off Temporary Order of Court. It is expected that the Hearing will require one day. Date acq ine M. Verney, Esquire Custody Conciliator F: \FILES\DATAFILE\General\Cunent\ l 208 8. l . motion2 Revised: 9/14/06 0:07PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TAMMY L. JUNK, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ANDREW SCOTT JUNK, Defendant NO. 06-2758 CIVIL ACTION - LAW IN DIVORCE MOTION OF DEFENDANT ANDREW SCOTT JUNK TO QUASH SUBPOENA AND FOR PROTECTIVE ORDER AND NOW, comes Defendant Scott A. Junk, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby moves this Honorable Court to quash a subpoena and issue a protective order as follows: Defendant's mother, Linda Junk, received a subpoena and notice of deposition which are attached hereto as Exhibit "A." 2. The subpoena and notice of deposition request Linda Junk to appear at the office of Plaintiff's counsel on September 21, 2006, and give testimony under oath on Plaintiff's behalf. 3. Defendant Scott Junk obj ects because this discovery is not proper under Pa.R.C.P.1930.5 and 1915.5(c) because this is a divorce and custody case. 4. It is not proper for Plaintiff to depose or subpoena testimony from Defendant's mother, who is not a party to this action in a custody matter. It is not proper for Plaintiff to depose or subpoena testimony from Defendant's mother, who is not a party to this action in a divorce matter, particularly where the testimony sought is not related to any discoverable information. 6. Plaintiff intends to seek testimony from Defendant's family members regarding issues relating to her claim for exclusive possession of the marital residence, which is not an equitable distribution issue. 7. Plaintiff filed a Petition for Exclusive Possession on June 1, 2006. 8. A half day hearing was held on August 7, 2006, before the Honorable J. Wesley Oler, Jr., but because Plaintiff's case took up two of the two and one-half hours for the hearing, Defendant was unable to finish his case and the hearing was continued to November 27, 2006. 9. Plaintiff is attempting to depose Defendant's family members in relation to either her exclusive possession claim, where the hearing is still pending, or a custody issue, which is not proper under the Pennsylvania Rules of Civil Procedure. 10. Plaintiffhas rested her case in the Exclusive Possession matter and Defendant's witnesses have not yet been revealed. 11. Plaintiff's subpoena and notice of deposition are sought in bad faith to cause unreasonable annoyance, embarrassment, harassment, oppression, burden and expense to Defendant and his family. 12. Plaintiffhas the opportunity in any hearing to cross examine Linda Junk if she is called as a witness, or call this person as a witness in her case in chief. 13. Defendant requests that the court simultaneously quash Plaintiff's subpoena and issue a protective order to prevent Plaintifffrom deposing Linda Junk in this domestic matter and seeking further discovery or information from her, since it is improper and sought in bad faith and she is not a party to this action. 14. In the alternative, Defendant requests a protective order limiting the issues on which Plaintiff may depose Ms. Junk to those which would be proper under the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant requests this Honorable Court to: a. Grant its Motion to Quash Plaintiff's Subpoena to Linda Junk to Testify; b. Issue a protective order on behalf of Linda Junk; C. Order Plaintiffto payDefendant's attorney's fees in bringing and defending this Motion; d. Schedule a hearing on the matter, if necessary; and e. Grant further relief as this Court deems fit. MARTSON DEARDORFF WILLIAMS & OTTO By Jennfei L. Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: September 14, 2006 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tammy L. Junk, Plaintiff V. File No. 06-2758 Civil Term Andrew Scott Junk, : Defendant SUBPOENA TO ATTEND AND TESTIFY TO: Linda Junk 10 Wagner Drive Carlisle, PA 17013 1. You are ordered by the court to come to the Law Offices of Meyers, Desfor, Saltzgiver & Boyle at 410 North Second Street (Spec?y courtroom or other place) at Harrisburg Dauphin County, Pennsylvania, on September 21, 2006 at 10:00 o'clock, A. M., to testify on behalf of Tammy L. Junk in the above case, and to remain until excused. 2. And bring with you the following: If you fail to attend or to produce the documents or things recuired by this subpoena, you may e subiect tc the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Prccsdure, inciuciny but not limitsd to costs, attorney fees and imprisonment. P,EQUEtTCD BY A PARTY/Ail ORNEY IN COMP! IANC_ WITH Pa. R. C. P. No. 23z-.2raj: Name: Catherine A. Boyle, Esquire Address. 410 North Second Street Harrisburg, PA 17101 eleohcne: 717-236-9428 Supreme Court ID _ 76328 Date: lot y C3 0_q Sect of the Court EY THE COURT: rrc;henot_ ; ;vil Di ; _-, Official Note: This form of subpoena shall be used w hene`!er a subpoena is issuaLbde, including earincs in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance R. C. P. No. 234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. EXHIBIT "A" (tff. 7/97) 'rOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED WITHIN TWENTY 1201 DAYS FROM SERVICE HEREOF OR A MAY BE ENTERED AGAINST YOU JUDGMENT BY ATTORNEY TAMMY L. JUNK, Plaintiff V. LAW OFFICES MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P. O. BOX 1062 HARRISBURG, PA 17108 WE DO HEREBY CERTIFY THA THE WITHIN IS A TRUE AND COF RECT COPY OF THE ORIGINA FILED IN THIS ACTION BY ATTORNEY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2758 CIVIL TERM ANDREW SCOTT JUNK, Defendant CIVIL ACTION - LAW IN DIVORCE J NOTICE TO TAKE DEPOSITION TO: Linda Junk 10 Wagner Drive Carlisle, PA 17013 PLEASE TAKE NOTICE that pursuant to Pennsylvania rules of Civil Procedure, No. 4007, Catherine A. Boyle, Esquire, Attorney for Tammy L. Junk, will take the deposition of Linda Junk, upon oral examination for the purpose of discovery and for use in evidence in the above action or for both purposes before a Notary Public of the Commonwealth of Pennsylvania, at the offices of Meyers, Desfor, Saltzgiver & Boyle, 410 North Second Street, Harrisburg, Pennsylvania on Thursday, September 21, 2006 at 10:00 a.m., or other person authorized to take depositions on all matters, not privileged, which are relevant and material to the issues and the subject matter involved in the pending action and that said Linda Junk is required to appear at the aforesaid time at the above address and submit to such examination before said Notary Public. MEYERS, DESFOR, SALTZGIVER & BOYLE Dated: B d.5? p (O By Catherine A. Boyle I.D. No. 76328 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Motion to Quash Subpoena and for Protective Order was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Catherine A. Boyle, Esquire MEYERS, DESFOR, SALTZGIVER & BOYLE 410 North Second Street P.O. Box 1062 Harrisburg, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO 4 Y - 1- [0 a D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 14, 2006 ... , r ; ?:_.? ?? - _,- .' ?_?} 4-?: ' • ?- .? _ti ?, ..? F:\FILES\DATAFILE\General\Current\12088.1.ntotion Revised: 9/14/06 0:07PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TAMMY L. JUNK, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ANDREW SCOTT JUNK, Defendant : NO. 06-2758 CIVIL ACTION - LAW : IN DIVORCE MOTION OF DEFENDANT ANDREW SCOTT JUNK TO QUASH SUBPOENA AND FOR PROTECTIVE ORDER AND NOW, comes Defendant Scott A. Junk, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby moves this Honorable Court to quash a subpoena and issue a protective order as follows: 1. Defendant's sister, Cathy Kulick, received a subpoena and notice of deposition which are attached hereto as Exhibit "A." 2. The subpoena and notice of deposition request Cathy Kulick to appear at the office of Plaintiff's counsel on September 19, 2006, and give testimony under oath on Plaintiff's behalf. 3. Defendant Scott Junk objects because this discovery is not proper under Pa.R.C.P.1930.5 and 1915.5(c) because this is a divorce and custody case. 4. It is not proper for Plaintiffto depose or subpoena testimony from Defendant's sister, who is not a party to this action in a custody matter. 5. It is not proper for Plaintiffto depose or subpoena testimony from Defendant's sister, who is not a partyto this action in a divorce matter, particularly where the testimony sought is not related to any discoverable information. 6. Plaintiff intends to seek testimony from Defendant's family members regarding issues relating to her claim for exclusive possession ofthe marital residence, which is not an equitable distribution issue. 7. Plaintiff filed a Petition for Exclusive Possession on June 1, 2006. 8. A half day hearing was held on August 7, 2006, before the Honorable J. Wesley Oler, Jr., but because Plaintiff's case took up two of the two and one-half hours for the hearing, Defendant was unable to finish his case and the hearing was continued to November 27, 2006. 9. Plaintiff is attempting to depose Defendant's family members in relation to either her exclusive possession claim, where the hearing is still pending, or a custody issue, which is not proper under the Pennsylvania Rules of Civil Procedure. 10. Plaintiffhas rested her case in the Exclusive Possession matter and Defendant's witnesses have not yet been revealed. 11. Plaintiff s subpoena and notice of deposition are sought in bad faith to cause unreasonable annoyance, embarrassment, harassment, oppression, burden and expense to Defendant and his family. 12. Plaintiff has the opportunity in any hearing to cross examine Cathy Kulick if she is called as a witness, or call this person as a witness in her case in chief. 13. Defendant requests that the court simultaneously quash Plaintiff's subpoena and issue a protective order to prevent Plaintifffrom deposing Cathy Kulick in this domestic matter and seeking further discovery or information from her, since it is improper and sought in bad faith and she is not a party to this action. 14. In the alternative, Defendant requests a protective order limiting the issues on which Plaintiff may depose Ms. Kulick to those which would be proper under the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant requests this Honorable Court to: a. Grant its Motion to Quash Plaintiff's Subpoena to Cathy Kulick to Testify; b. Issue a protective order on behalf of Cathy Kulick; C. Order Plaintiffto pay Defendant's attorney's fees in bringing and defending this Motion; d. Schedule a hearing on the matter, if necessary; and e. Grant further relief as this Court deems fit. MARTSON DEARDORFF WILLIAMS & OTTO By Jenn er . Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: September 14, 2006 Attorneys for Defendant YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED WITHIN TWENTY 120) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU BY ATTORNEY TAMMY L. JUNK, Plaintiff V. LAW OFFICES MEYERS, DESFOR, SALTZGIVER & BOYLE WE DO HEREBY CERTIFY TH 410 NORTH SECOND STREET THE WITHIN IS A TRUE AND Ct RECT COPY Of THE ORIGIN P. 0. Box 1062 FILED IN THIS ACTION BY HARRISBURG, PA 17108 ATTORNEY : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2758 CIVIL TERM ANDREW SCOTT JUNK, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE TO TAKE DEPOSITION TO: Cathy Kulick 1 Hickory Town Road Carlisle, PA 17013 PLEASE TAKE NOTICE that pursuant to Pennsylvania rules of Civil Procedure, No. 4007, Catherine A. Boyle, Esquire, Attorney for Tammy L. Junk, will take the deposition of Cathy Kulick, upon oral examination for the purpose of discovery and for use in evidence in the above action or for both purposes before a Notary Public of the Commonwealth of Pennsylvania, at the offices of Meyers, Desfor, Saltzgiver & Boyle, 410 North Second Street, Harrisburg, Pennsylvania on Tuesday, September 19, 2006 at 10:00 a.m., or other person authorized to take depositions on all matters, not privileged, which are relevant and material to the issues and the subject matter involved in the pending action and that said Cathy Kulick is required to appear at the aforesaid time at the above address and submit to such examination before said Notary Public. MEYERS, DESFOR, SALTZGIVER & BOYLE Dated: g1 a-S/(o B Y Catherine A. Boyle I.D. No. 76328 EXHIBIT "A" MEYERS, DESFOR, SALTZGIVER 8 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 COMMONWEALTH OF PENNSYLVANIA • COUNTY OF CUMBERLAND Tammy L. Junk, Plaintiff V. : Fie No. 06-2758 Civil Term Andrew Scott Junk, Defendant SUBPOENA TO Ai TEND ANDTESTIFY TO: Cathy Kulick 1Hickory Town Road Carlisle, PA 17013 Ycu are ordered by the court to come to Saltzgiver & Boyle at 410 (? pe .Harrisburg Dauphin =t 10:00 o'ciod:, _ the Law Offices of Meyers, Desfor, North Second Street c-v crur.,?o? or other dace) County, Fennsvivania. cn September 19, 2006 A•!`jl., Ll G;i LGiG11 cf Tammy L. Junk iitt the above case, and to remain until excused 2. And brina with you the following: If you fail to at-rid or to produce the docummenis or t`,inz re :..fired by ti'ti_ . uulZccena yo .' M _e .;"le sanctions authorized by Rule 234.5 of he t'arinsvivania Ruie-S of C:vii , • ? :iTdiea to cc_z:a, _uMtmey fie es and imp, rls R E'DUE3 T ED BY A. PAF. i ? 12Th ORNEy IN Pa. F.C. Nc. Nam=-: Catherine A. Boyle, Esquire 410 North Second Street Harrisburg, PA 17101 i efsohcne: 717-236-9428 SUE,re; CCU'` In _ 76328 D ate. l'o Seel of the Court ?Y T; ,= COU= V'il Official Note: This form of subpoena shall be used whenever a subpoena is issuab{e, including h.-rinas in connection with depositions and before arbitrators, masters, commissioners, Etc. in compliance wit;. ?_. R.C. P. No. 234.1. If a subpoena for a production of documents, records or things is desired, complets Gar aaraph 2. (Ea. 7/9 ) CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Motion to Quash Subpoena and for Protective Order was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Catherine A. Boyle, Esquire MEYERS, DESFOR, SALTZGIVER & BOYLE 410 North Second Street P.O. Box 1062 Harrisburg, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO cia D. Eckenroad en East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 14, 2006 4-? h.? "? f.? t ..:.J ) ?...?:, . { ' r_" ' ?.,, _? ? ?..? 46 TAMMY L. JUNK, Plaintiff V. ANDREW SCOTT JUNK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 06-2758 CIVIL TERM : CIVIL ACTION - LAW IN DIVORCE OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 Plaintiff, Tammy L. Junk, objects to the proposed subpoena that is attached to these objections for the following reasons: 1. Serving a Subpoena via Pa.R.C.P. 4009.21 is not the proper means of seeking information from a party in the action. 2. Plaintiff objects to relinquishing custody of the computer to Defendant. 3. It is improper use of a Subpoena to include directives regarding the use of evidence. 4. Defendant, A. Scott Junk, has no entitlement to privileged information prepared by Plaintiff s expert for purposes of litigation, particularly regarding disclosure of mental impressions, conclusions and opinions. 5. Discovery of facts and opinions by an expert are not proper via a Subpoena, particularly when available to Defendant through other means. 6. The requests in the attached Subpoena are sought in bad faith, would cause unreasonable annoyance, embarrassment, oppression, burden and expense to Plaintiff and/or her counsel. 1 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 7. The requests in the attached Subpoena are beyond the scope of discovery permitted by the Pa.R.C.P. Date: Respectfully submitted, atherine A. Boyle, Esquire 6111 Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff 2 MEYERS, DESFOR, SALTZGIYER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TAMMY L. JUNK, ANDREW SCOTT JUNK, Defendant TO: Tammy Junk and her attorney, Catherine Boyle. Esquire (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: attached. at Law Firm of Martson, Deardorff Williams & Otto, 10 E.High St., Carlisle (Address) 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: NA M:_ Jennifer L. Spears, Esquire ADDRESS: 10 East High Street Carlisle, PA 17013 TELEPHONE: 717-243-3341 SUPREME COURT ID # 8 7 4 4 5 ATTORNEYFOR: Defendant BY THE COURT: Plaintiff File No. 06-2758 V. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Prothonotary, Civil Division Date: 'Seal of the Court Deputy i # Access to the original hard drive for the purposes of creating a forensic image of this dataset and access to the computer itself for the purposes of identifying hardware, software, and firmware configurations. Further, any data on the computer should not be accessed, modified, or deleted, and that the computer case should not be opened, disassembled, or otherwise tampered with. The computer should not be plugged into any network devices, connected to electrical power, or turned on until an examiner authorized by Attorney Spears is provided sufficient opportunity to forensically image the hard drive(s) in the computer and examine the computer hardware itself. Additionally, any and all mirror images taken by Rick Bouchette, the computer expert utilized by Attorney Catherine A. Boyle for the Plaintiff, as well as any and all handwritten, typed, or electronically stored notes, reports, printouts, photographs, or other data used by him during his examination of the computer. Moreover, provide all records regarding the chain of custody for the computer from the point it left Plaintiff Tammy L. Junk's possession until its current disposition. TAMMY L. JUNK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 06-2758 CIVIL TERM ANDREW SCOTT JUNK, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on this day o6/ 2006, a copy of the foregoing Objections to Subpoena Pursuant to Rule 4009.21 was sent via facsimile and regular U.S. mail, postage prepaid, to: Andrew Scott Junk c/o Jennifer Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 3 Respectfully submitted, Catherine A. Boyle, Esquir Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 C?? _ : -- z . _ ? ?, --{ ?,;_. ?; C?.? -? TAMMY L. JUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ANDREW SCOTT JUNK, : Defendant NO. 06-2758 CIVIL TERM IN RE: MOTION OF DEFENDANT ANDREW SCOTT JUNK TO QUASH SUBPOENA AND FOR PROTECTIVE ORDER ORDER OF COURT AND NOW, this 18"' day of September, 2006, upon consideration of the above- captioned motion relating to Cathy Kulick, a Rule is hereby issued upon the Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 7 days of the date of this order. PENDING DISPOSITION of this motion, discovery is stayed. BY THE COURT, J. atherine A. Boyle, Esq. 410 North Second Street P.O. BOX 1062 Harrisburg, PA 17108 Attorney for Plaintiff ennifer L. Spears, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Defendant rc 0?9 N ffX ?, `t (° $ rtq^? '-h _.? ? ? ?. ? , ,,? y ? 'F ?, ! f art _1',' ?.? 1L?? P TAMMY L. JUNK, Plaintiff V. ANDREW SCOTT JUNK, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2758 CIVIL TERM IN RE: MOTION OF DEFENDANT ANDREW SCOTT JUNK TO QUASH SUBPOENA AND FOR PROTECTIVE ORDER ORDER OF COURT AND NOW, this 18ffi day of September, 2006, upon consideration of the above- captioned motion relating to Linda Junk, a Rule is hereby issued upon the Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 7 days of the date of this order. PENDING DISPOSITION of this motion, discovery is stayed. BY THE COURT, atherine A. Boyle, Esq. 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 Attorney for Plaintiff Xnifer L. Spears, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Defendant :rc O? O? Q i` ?,_ t ? G'? ,? ? ? ... Y.? _ .1 ( ?'?_ '-'.., ,. .'. '-. I TAMMY L. JUNK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 06-2758 CIVIL TERM ANDREW SCOTT JUNK, : CIVIL ACTION - LAW Defendant : IN DIVORCE PLAINTIFF'S ANSWER TO MOTION OF DEFENDANT ANDREW SCOTT JUNK TO QUASH SUBPOENA AND FOR PROTECTIVE ORDER RE: LINDA JUNK AND NOW, comes the Plaintiff, Tammy L. Junk, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files this Answer to Motion of Defendant Andrew Scott Junk to Quash Subpoena and for Protective Order Re: Linda Junk and in support thereof avers as follows: 1. Admitted. 2. Admitted. By way of further answer, both the Subpoena and the Notice of Deposition were sent to Ms. Junk on or about August 25, 2006. 3. This averment contains conclusions of fact or law to which no answer is required. By way of further answer, Defendant cites Pa.R.C.P. 1915(c) which limits discovery in custody matters. Plaintiff served the Subpoena and Notice of Deposition in the divorce matter. Moreover, Defendant's Motion to Quash and for Protective Order is filed in the divorce matter. Defendant also cites Pa.R.C.P. 1930.5 which states in relevant part, "[d]iscovery shall be available without leave of court in accordance with R.C.P. 4001 et seq. in alimony, equitable distribution, counsel fee and expense and complex support proceedings." Notably, Defendant fails to cite any Rules of Civil MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Procedure limiting the service of a Subpoena and Notice of Deposition in a divorce matter. 4. This averment contains conclusions of fact or law to which no answer is required. By way of further answer, Plaintiff served the Subpoena and Notice of Deposition in the divorce action, not the custody action. Notably, even Defendant's own Motion is filed in the divorce action. Such service is proper pursuant to Pa.R.C.P. 1930.5(b), which permits discovery in divorce matters pursuant to R.C.P. 4001 et seq. Moreover, the deponent need not be a party to the pending divorce action. "[A]ny party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery, or for preparation of pleadings, or for preparation or trial of a case, or for use at a hearing upon petition, motion or rule, or for any combination of the foregoing purposes." Pa.R.C.P. 4001(c). 5. Denied. The deponent need not be a party to the divorce action. Pa.R.C.P. 4001(c). Furthermore, "A party may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action. Whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party." Pa.R.C.P. 4003.1 (a). "It is not ground for objection that the information sought will be inadmissable at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence ." Pa.R.C.P. 4003.1 (b). Plaintiff anticipates that Defendant's mother will be a witness on Defendant's 3 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 behalf in the divorce action. Even if Defendant's mother is not a witness, she has intimate knowledge of the use, condition and location of marital assets, income earned and the parties' relationship. Accordingly, Plaintiff believes Defendant's mother has information reasonably calculated to lead to the discovery of admissible evidence in the divorce matter. 6. Admitted in part. Denied in part. Notably, a party has no obligation to state the reason for taking the deposition. Pa.R.C.P. 4007.1 (c). However, it is admitted that Plaintiff will seek testimony from Defendant's mother regarding the pending claim for exclusive possession of the marital residence. It is denied that said claim is not related to equitable distribution. On the contrary, the use and condition of a marital asset is directly related to the equitable distribution of same. Further, an award of exclusive possession of the residence will likely impact the ultimate distribution of the residence. Moreover, the Petition for Exclusive Possession is filed to the divorce caption, therefore relating it directly to same. If said claim were not related to the divorce action, Plaintiff would be required to file a separate civil action. 7. Admitted in part. Denied in part. Plaintiff filed a Petition for Exclusive Possession, but did so on June 2, 2006. 8. Admitted in part. Denied in part. It is admitted that a half day hearing was held on August 7, 2006, before the Honorable J. Wesley Oler, Jr., on Plaintiff's Petition for Exclusive Possession. It is further admitted that the complexity of the issues required more time than the Court was able to provide on that day, which necessitated 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 scheduling another half day of hearing on November 27, 2006. 9. Admitted in part. Denied in part. It is admitted that Plaintiff has served a Subpoena and Notice of Deposition on Ms. Junk in the divorce matter, which includes the exclusive possession issue. It is denied that Plaintiff has served either the Subpoena or the Notice of Deposition in the custody matter. Specifically, the divorce caption appears on both documents. Moreover, Defendant's own Motion to Quash is filed to the divorce caption. It is further denied that said Subpoena and Notice of Deposition are not proper under the Pennsylvania Rules of Civil Procedure. On the contrary, the rules of depositions and discovery that apply in every civil action also apply in divorce matters. See 1920.22 (rescinded May 5, 1997, effective July 1, 1997) and explanatory note. The Rules provide that "[d]iscovery shall be available without leave of Court in accordance with Pa.R.C.P. 4001 et seq. in alimony, equitable distribution, counsel fee and complex support proceedings." Pa.R.C.P. 1930.5(b). "The rule of this chapter applies to any civil action or proceeding brought in or appealed to any Court which is subject to these rules..." Pa. R.C.P. 4001 (a). In domestic relations matters, the only time leave of court is required is when a party wishes to pursue discovery in a custody matter, a simple support matter or a Protection from Abuse matter. See Pa.R.C.P. 1915.5 (c) and 1930.5 (a), respectively. No other rules exist requiring leave of court to conduct discovery in domestic relations matters. 5 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 The Rules provide various means of discovery, including that of oral deposition. "Any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery, or for the preparation of pleadings, or for preparation or trial of a case, or for use at any hearing upon petition, motion or rule or for any combination of the foregoing purposes." Pa.R.C.P. 4001 (c). "A party may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action. Whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party." Pa.R.C.P. 4003.1 (a). Further, a party has no obligation to state the reason for taking the deposition and may take the said deposition at any time throughout the litigation. Pa.R.C.P. 4007.1 (c). Except in circumstances that do not apply in the case at bar a deposition may be taken without leave of Court. Pa.R.C.P. 4007.2 (a). Accordingly, the only limitation on the scope of discovery in depositions is set forth in Pa.R.C.P. 4011. Generally, no discovery or deposition shall be permitted that is sought in bad faith or is sought to cause unreasonable annoyance. A Court may then issue a protective order to protect a party or a deponent but only upon good cause shown. Pa.R.C.P. 4012. In the case sub judice the Subpoena and the Notice of Deposition were served in the divorce matter, a civil matter governed by the rules of discovery at Pa.R.C.P. 4001 et seq. Ms. Junk, the Defendant's mother, while not a party to the divorce action, 6 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236.9428 • FAX Q17) 236-2817 is a proper deponent. Since Plaintiff believes that Ms. Junk has knowledge of the use, condition and location of marital assets, incomes earned and knowledge of the parties relationship, Plaintiff believes that Ms. Junk is privy to information that may be reasonably calculated to lead to admissible evidence. For example, Defendant has already admitted to storing the parties' belongings at Ms. Junk's residence and that he is using Ms. Junk's address as his mailing address. Accordingly, Plaintiff anticipates Defendant may call his mother as a witness or that she may call Defendant's mother as a witness in the exclusive possession matter as well as other related divorce matters. Further, the pendency of the exclusive possession matter does not limit Plaintiffs right to discovery. The Rules specifically permit discovery and indeed seem to promote discovery at any time, including taking the deposition of any person for any combination of purposes. Plaintiff is permitted to take Ms. Junk's testimony for purposes of discovery, to prepare additional pleadings, to prepare for trial or for use at any hearing on a petition or motion, such as the pending Petition for Exclusive Possession. Pa.R.C.P. 4001(c). Plaintiff may also depose Ms. Junk to explore Defendant's defense to said Petition. Pa.R.C.P. 4003.1 (a). Thus, the burden is on Defendant to prove the Plaintiffs discovery is sought in bad faith or is causing some unreasonable annoyance to him, since he is the moving party. Ms. Junk's deposition is neither sought in bad faith nor causes any unreasonable annoyance to Defendant. Because of her direct knowledge of the relevant evidence pertaining to the divorce, such as the use, condition or location of 7 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 marital assets, logic dictates that she may be a witness for either party. Accordingly, Defendant fails to meet his burden of proof and the Motion to Quash and for Protective Order should be denied. 10. Admitted in part. Denied in part. It is admitted that Plaintiff has rested her case-in- chief on the exclusive possession matter. However, whether or not Defendant has yet to call witnesses in the exclusive possession matter, does not limit Plaintiff's right to take discovery in the divorce matter. There simply are no rules limiting Plaintiff's ability to discover Defendant's witnesses in any matter pertaining to the divorce action. 11. This averment contains conclusion of fact or law to which no answer is required. By way of further answer, it is denied that Plaintiff's Subpoena and Notice of Deposition are sought in bad faith or cause unreasonable annoyance. On the contrary, Ms. Junk has evidence relevant to the pending divorce matters. 12. Admitted in part. Denied in part. It is admitted that Plaintiff has the right to cross- examine Ms. Junk if she were to be called as a witness by Defendant at the exclusive possession hearing. However, her right of cross-examination has no relation to her rights of discovery under the Pennsylvania Rules of Civil Procedure. There are no rules limiting Plaintiff's rights of discovery in matters pertaining to the divorce action. 13. This averment is a request for relief to which no answer is required. By way of further answer, the Subpoena and Notice of Deposition are both proper under the Pennsylvania Rules of Civil Procedure. Plaintiff believes that Ms. Junk has 8 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 information concerning matters relevant to the pending divorce. 14. This averment contains a request for relief to which no answer is required. By way of further answer, the rules are quite broad in that matters inquired into at a deposition need not be relevant, but merely reasonably calculated to lead to admissible evidence. See Pa.R.C.P. 4003.1 (b). WHEREFORE, Plaintiff, Tammy L. Junk, respectfully requests this Honorable Court deny Defendant's Motion to Quash Subpoena and for Protective Order Re: Linda Junk Respectfully submitted, Catherine A. Boyle, Esqui Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff 9 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG (717) 236-9428 • FAX (717) 236-2817 PA 17108 VERIFICATION I, Tammy L. Junk , verify that the Plaintiff's Answer to Motion of statements made in this Defendant Andrew Scott Junk to Quash Subpoena and for Protective Order Re: Linda Junk are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 9/25/2006 (g ) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 TAMMY L. JUNK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 06-2758 CIVIL TERM ANDREW SCOTT JUNK, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this day of '?LILIU4006, a copy of the foregoing Plaintiff's Answer to Motion of Defendant Andrew Scott Junk to Quash Subpoena and for Protective Order Re: Linda Junk was sent via facsimile and regular U.S. Mail, postage pre- paid to: Andrew Scott Junk c/o Jennifer Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 submitted, atherine A. Boyle, Esc Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 cl ra his TAMMY L. JUNK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 06-2758 CIVIL TERM ANDREW SCOTT JUNK, : CIVIL ACTION - LAW Defendant : IN DIVORCE PLAINTIFF'S ANSWER TO MOTION OF DEFENDANT ANDREW SCOTT JUNK TO QUASH SUBPOENA AND FOR PROTECTIVE ORDER RE: CATHY KULICK AND NOW, comes the Plaintiff, Tammy L. Junk, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files this Answer to Motion of Defendant Andrew Scott Junk to Quash Subpoena and for Protective Order Re: Cathy Kulick and in support thereof avers as follows: 1. Admitted. 2. Admitted. By way of further answer, both the Subpoena and the Notice of Deposition were sent to Ms. Kulick on or about August 25, 2006. 3. This averment contains conclusions of fact or law to which no answer is required. By way of further answer, Defendant cites Pa.R.C.P. 1915(c) which limits discovery in custody matters. Plaintiff served the Subpoena and Notice of Deposition in the divorce matter. Moreover, Defendant's Motion to Quash and for Protective Order is filed in the divorce matter. Defendant also cites Pa.R.C.P. 1930.5 which states in relevant part, "[d]iscovery shall be available without leave of court in accordance with R.C.P. 4001 et seq. in alimony, equitable distribution, counsel fee and expense and 2 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 17171 0'2R_oe0o . CAY 17171 09R_9R17 complex support proceedings." Notably, Defendant fails to cite any Rules of Civil Procedure limiting the service of a Subpoena and Notice of Deposition in a divorce matter. 4. This averment contains conclusions of fact or law to which no answer is required. By way of further answer, Plaintiff served the Subpoena and Notice of Deposition in the divorce action, not the custody action. Notably, even Defendant's own motion is filed in the divorce action. Such service is proper pursuant to Pa.R.C.P. 1930.5(b), which permits discovery in divorce matters pursuant to R.C.P. 4001 et seq. Moreover, the deponent need not be a party to the pending divorce action. "[A]ny party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery, or for preparation of pleadings, or for preparation or trial of a case, or for use at a hearing upon petition, motion or rule, or for any combination of the foregoing purposes." Pa.R.C.P. 4001(c). 5. Denied. The deponent need not be a party to the divorce action. Pa.R.C.P. 4001(c). Furthermore, "A party may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action. Whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party." Pa.R.C.P. 4003.1 (a). "It is not ground for objection that the information sought will be inadmissable at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence ." Pa.R.C.P. 4003.1 (b). 3 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Plaintiff anticipates that Defendant's sister will be a witness on Defendant's behalf in the divorce action. Even if Defendant's sister is not a witness, she has intimate knowledge of the use, condition and location f marital assets, income earned and the parties' relationship. Accordingly, Plaintiff believes Defendant's sister has information reasonably calculated to lead to the discovery of admissible evidence in the divorce matter. 6. Admitted in part. Denied in part. Notably, a party has no obligation to state the reason for taking the deposition. Pa.R.C.P. 4007.1 (c). However, it is admitted that Plaintiff will seek testimony from Defendant's sister regarding the pending claim for exclusive possession of the marital residence. It is denied that said claim is not related to equitable distribution. On the contrary, the use and condition of a marital asset is directly related to the equitable distribution of same. Further, an award of exclusive possession of the residence will likely impact the ultimate distribution of the residence. Moreover, the Petition for Exclusive Possession is filed to the divorce caption, therefore relating it directly to same. If said claim were not related to the divorce action, Plaintiff would be required to file a separate civil action. 7. Admitted in part. Denied in part. Plaintiff filed a Petition for Exclusive Possession, but did so on June 2, 2006. 8. Admitted in part. Denied in part. It is admitted that a half day hearing was held on August 7, 2006, before the Honorable J. Wesley Oler, Jr., on Plaintiff's Petition for Exclusive Possession. It is further admitted that the complexity of the issues required 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 more time than the Court was able to provide on that day, necessitating the scheduling of another half day of hearing on November 27, 2006. 9. Admitted in part. Denied in part. It is admitted that Plaintiff has served a Subpoena and Notice of Deposition on Ms. Kulick in the divorce matter, which includes the exclusive possession issue. It is denied that Plaintiff has served either the Subpoena or the Notice of Deposition in the custody matter. Specifically, the divorce caption appears on both documents. Moreover, Defendant's own Motion to Quash is filed to the divorce matter. It is further denied that said Subpoena and Notice of Deposition are not proper under the Pennsylvania Rules of Civil Procedure. On the contrary, the rules of depositions and discovery that apply in every civil action also apply in divorce matters. See 1920.22 (rescinded May 5, 1997, effective July 1, 1997) and explanatory note. The Rules provide that "[d]iscovery shall be available without leave of Court in accordance with Pa.R.C.P. 4001 et seq. in alimony, equitable distribution, counsel fee and complex support proceedings." Pa.R.C.P. 1930.5(b). "The rule of this chapter applies to any civil action or proceeding brought in or appealed to any Court which is subject to these rules..." Pa. R.C.P. 4001 (a). In domestic relations matters, the only time leave of court is required is when a party wishes to pursue discovery in a custody matter, a simple support matter or a Protection from Abuse matter. See Pa.R.C.P. 1915.5 (c) and 1930.5 (a), respectively. No other rules exist requiring leave of court to conduct discovery in domestic relations 5 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 matters. The Rules provide various means of discovery, including that of oral deposition. "Any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery, or for the preparation of pleadings, or for preparation or trial of a case, or for use at any hearing upon petition, motion or rule or for any combination of the foregoing purposes." Pa.R.C.P. 4001 (c). "A party may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action. Whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party." Pa.R.C.P. 4003.1 (a). Further, a party has no obligation to state the reason for taking the deposition and may take the said deposition at any time throughout the litigation. Pa.R.C.P. 4007.1 (c). Except in circumstances that do not apply in the case at bar, a deposition may be taken without leave of Court. Pa.R.C.P. 4007.2 (a). Accordingly, the only limitation on the scope of discovery in depositions is set forth in Pa.R.C.P. 4011. Generally, no discovery or deposition shall be permitted that is sought in bad faith or is sought to cause unreasonable annoyance. A Court may then issue a protective order to protect a party or a deponent but only upon good cause shown. Pa.R.C.P. 4012. In the case sub judice the Subpoena and the Notice of Deposition were served in the divorce matter, a civil matter governed by the rules of discovery at Pa.R.C.P. 6 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 4001 et seq. Ms. Kulick, the Defendant's sister, while not a party to the divorce action, is a proper deponent. Since Plaintiff believes that Ms. Kulick has knowledge of the use, condition and location of marital assets, incomes earned and knowledge of the parties relationship, Plaintiff believes that Ms. Kulick is privy to information that may be reasonably calculated to lead to admissible evidence. For example, Defendant has already admitted to storing the parties' belongings at Ms. Kulick's residence and that he is using Ms. Kulick's address as his mailing address. Accordingly, Plaintiff anticipates Defendant may call his sister as a witness or that she may call Defendant's sister as a witness in the exclusive possession matter as well as other related divorce matters. Further, the pendency of the exclusive possession matter does not limit Plaintiffs right to discovery. The Rules specifically permit discovery and indeed seem to promote discovery at any time, including taking the deposition of any person for any combination of purposes. Plaintiff is permitted to take Ms. Kulick's testimony for purposes of discovery, to prepare additional pleadings, to prepare for trial or for use at any hearing on a petition or motion, such as the pending Petition for Exclusive Possession. Pa.R.C.P. 4001(c). Plaintiff may also depose Ms. Kulick to explore Defendant's defense to said Petition. Pa.R.C.P. 4003.1 (a). Thus, the burden is on Defendant to prove the Plaintiffs discovery is sought in bad faith or is causing some unreasonable annoyance to him, since he is the moving party. Ms. Kulick's deposition is neither sought in bad faith nor causes any unreasonable annoyance to Defendant. Because of her direct knowledge of the 7 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 relevant evidence pertaining to the divorce, such as the use, condition or location of marital assets, logic dictates that she may be a witness for either parry. Accordingly, Defendant fails to meet his burden of proof and the Motion to Quash and for Protective Order should be denied. 10. Admitted in part. Denied in part. It is admitted that Plaintiff has rested her case-in- chief on the exclusive possession matter. However, whether or not Defendant has yet to call witnesses in the exclusive possession matter, does not limit Plaintiff's right to take discovery in the divorce matter. There simply are no rules limiting Plaintiff's ability to discover Defendant's witnesses in any matter pertaining to the divorce action. 11. This averment contains conclusion of fact or law to which no answer is required. By way of further answer, it is denied that Plaintiff's Subpoena and Notice of Deposition are sought in bad faith or cause unreasonable annoyance. On the contrary, Ms. Kulick has evidence relevant to the pending divorce matters. 12. Admitted in part. Denied in part. It is admitted that Plaintiff has the right to cross- examine Ms. Kulick if she were to be called as a witness by Defendant at the exclusive possession hearing. However, her right of cross-examination has no relation to her rights of discovery under the Pennsylvania Rules of Civil Procedure. There are no rules limiting Plaintiff's rights of discovery in matters pertaining to the divorce action. 13. This averment is a request for relief to which no answer is required. By way of further answer, the Subpoena and Notice of Deposition are both proper under the 8 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Pennsylvania Rules of Civil Procedure. Plaintiff believes that Ms. Kulick has information concerning matters relevant to the pending divorce. 14. This averment contains a request for relief to which no answer is required. By way of further answer, the rules are quite broad in that matters inquired into at a deposition need not be relevant, but merely reasonably calculated to lead to admissible evidence. See Pa.R.C.P. 4003.1 (b). 9 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 WHEREFORE, Plaintiff, Tammy L. Junk, respectfully requests this Honorable Court deny Defendant's Motion to Quash Subpoena and for Protective Order Re: Cathy Kulick. Respectfully submitted, atherine A. Boyle, Esquir Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff 10 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 VERIFICATION I? Tammy L. Junk , verify that the Plaintiff's Answer to Motion of statements made in this Defendant Andrew Scott Junk to Quash Subpoena and for Protective Order Re: Cathy Kulick are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 9/25/2006 ( X ) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 TAMMY L. JUNK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 06-2758 CIVIL TERM ANDREW SCOTT JUNK, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this a5"t!-"' day of 2006, a copy of the foregoing Plaintiff's Answer to Motion of Defendant Andrew Scott Junk to Quash Subpoena and for Protective Order Re: Cathy Kulick was sent, via facsimile and regular U.S. Mail, postage pre- paid to: Andrew Scott Junk c/o Jennifer Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Respectfully submitted, 6114?- - ??? Catherine A. Boyle, Esquir Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 r-J C 4 "K? `_. -i (JI F: \FILES\DATAFILE\General\Current\ 12088. I motobjections Revised: 9/27/06 4:05PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TAMMY L. JUNK, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ANDREW SCOTT JUNK, Defendant NO. 06-2758 CIVIL ACTION - LAW IN DIVORCE MOTION FOR HEARING ON PLAINTIFF'S OBJECTIONS TO DEFENDANT'SUBPOENA AND NOW, comes Defendant Scott A. Junk, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby moves this Honorable Court as follows: 1. Defendant served aNotice ofIntent to Serve Subpoena upon Plaintiff on August 25, 2006, via hand delivery to Plaintiff's counsel. 2. Plaintiff filed objections to the subpoena. 3. Plaintiff's objections are improper and only serve to delay discovery. 4. Defendant hereby requests a hearing on the objections. 5. The Honorable J. Wesley Oler, Jr., has presided over prior hearings in this matter. WHEREFORE, Defendant requests this Honorable Court schedule a hearing on Plaintiff s Objections to Defendant's Subpoena. MART N DEARDORFF WILLIAMS & OTTO By Jenn fe L. Spears, Esquire Date: September 28, 2006 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Motion for Hearing on Plaintiff's Objections to Defendant's Subpoena was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Catherine A. Boyle, Esquire MEYERS, DESFOR, SALTZGIVER & BOYLE 410 North Second Street P.O. Box 1062 Harrisburg, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO y 0 Tricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 28, 2006 .. V TAMMY L. JUNK, Plaintiff V. : CIVIL ACTION - LAW ANDREW SCOTT JUNK, Defendant i SEP 2 9 2006 IN THE COURT OF COMMON PLP:A --- : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2758 IN DIVORCE ORDER o l fur AND NOW, this- day of September, 2006, upon consideration o[Defendant's Motion t C t 5c c v e! -? C, 4o-= A-CJ Ch for Hearing on Plaintiff's Objections to Defendant's Subpoena a is sc4gduled fpr G`t in C 2006, at 30 _ m., of ar?l`isT1?;?44. x/3/06 ? a'p \po RV TUP PC)TTDT d? t `, t r, r ... c y TAMMY L. JUNK, Plaintiff V. ANDREW SCOTT JUNK, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2758 CIVIL TERM IN RE: DEFENDANT'S MOTIONS TO QUASH SUBPOENAS AND FOR PROTECTIVE ORDERS RE LINDA JUNK AND CATHY KULICK BEFORE OLER, J. ORDER OF COURT AND NOW, this 2nd day of October, 2006, upon consideration of (a) the motions of Defendant Andrew Scott Junk to quash subpoenas and for protective orders regarding Linda Junk and Cathy Kulick and (b) Plaintiff's answers to these motions, and following a conference with counsel and the issuance of rules to show cause with respect to Defendant's motions, it is ordered and directed as follows: 1. Defendant's motions to quash the subpoenas (and notices of deposition) are denied; 2. Plaintiff is precluded from eliciting in this discovery, without prior court approval, information pertinent to Plaintiff's pending Petition for Exclusive Possession and information pertinent to custody or support. ,/atherine A. Boyle, Esq. 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 Attorney for Plaintiff 4 n BY THE COURT, F ? j!yj fl- M 'M Xnnifer L. Spears, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Defendant :rc TAMMY L. JUNK, Plaintiff V. ANDREW SCOTT JUNK, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2758 CIVIL TERM IN RE: DEFENDANT'S MOTION FOR HEARING ON PLAINTIFF'S OBJECTIONS TO DEFENDANT'S SUBPOENA ORDER OF COURT AND NOW, this 20th day of October, 2006, due to a conflict in the court's schedule, the discovery conference previously scheduled in the above matter for November 2, 2006, is rescheduled to Thursday, October 26, 2006, at 11:00 a.m., in chambers of the undersigned judge. BY THE COURT, Catherine A. Boyle, Esq. 410 North Second Street P.O. Box 1062 Harrisburg, PA 17013 Attorney for Plaintiff Jennifer L. Spears, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Defendant ,lb.,.1,?-.tic( w. ;?y-OG 4-1 :rc 'VIN 1A J- C -13 9001 TAMMY L. JUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ANDREW SCOTT JUNK, Defendant 06-2758 CIVIL TERM IN RE: MOTION FOR HEARING ON PLAINTIFF'S OBJECTIONS TO DEFENDANT'S SUBPOENA ORDER OF COURT AND NOW, this 26th day of October, 2006, upon consideration of Defendant's Motion for Hearing on Plaintiff's Objections to Defendant's Subpoena, and following a conference held in the chambers of the undersigned judge, in which Plaintiff was represented by Catherine A. Boyle, Esquire, and Defendant was represented by David A. Fitzsimons, Esquire, and pursuant to an agreement of counsel, it is ordered and directed as follows: 1. On or before Friday, November 3, 2006, Plaintiffs's counsel shall make available at the office of Plaintiff's counsel access to the parties' computer for examination by Defendant's computer expert, said examination to be conducted in the presence of a representative of Plaintiff's choosing; 2. At the aforesaid time and place, the "mirror image" made by Plaintiff's computer expert shall also be subject to examination by Defendant's computer expert; and 3. The aforesaid examination by Defendant's computer expert shall not involve any destruction or alteration of any of the items being examined. By the Court, lCi// 'esley r, J . , J. W"- 911 =Z rld QC 100 I'M .a Catherine A. Boyle, Esquire 410 North Second Street P.O. Box 1062 Harrisburg, PA 17013 For Plaintiff David A. Fitzsimons, Esquire 10 East High Street Carlisle, PA 17013 For Defendant :mae TAMMY L. JUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ANDREW SCOTT JUNK, Defendant 06-2758 CIVIL TERM IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE J. Wesley Oler, Jr., J., Cumberland County Courthouse, Carlisle, Pennsylvania, on August 7, 2006, in Courtroom Number One. APPEARANCES: Catherine A. Boyle, Esquire For Plaintiff ORIGINAL Jennifer L. Spears, Esquire For Defendant INDEX TO WITNESSES FOR THE PLAINTIFF Tammy L. Junk DIRECT CROSS REDIRECT RECROSS 4 39 -- -- EXAMINATION Andrew Scott Junk, as on cross By Ms. Boyle 53 DIRECT CROSS REDIRECT RECROSS Richard J. Bouchette, II 71 84 FOR THE DEFENDANT Andrew Scott Junk 87 2 INDEX TO EXHIBITS FOR THE PLAINTIFF MARKED ADMITTED Ex. No. 1 - list 21 87 Ex. No. 2 - photographs 25 87 Ex. No. 3 - web sites 64 87 Ex. No. 4 - web site images 68 87 Ex. No. 5 - web page 69 87 Ex. No. 6 - brochure 72 87 Ex. No. 7 - web sites 80 87 FOR THE DEFENDANT 3 • • 1 THE COURT: Please be seated. This is the 2 time and place for a hearing on a Petition for Exclusive 3 Possession in the case of Tammy L. Junk versus Andrew Scott 4 Junk'at No. 06 -2758 Civil Term. We will let the record 5 indicate that the Plaintiff is present in court and is 6 represented by Catherine Boyle, Esquire, and the Defendant 7 is also presen t in court and is represented by Jennifer 8 Spears, Esquir e. Plaintiff is the moving party. Go ahead. 9 MS. BOYLE: I would like to call Tammy Junk 10 to the stand, please. 11 THE COURT: All right. 12 Whereupon, 13 TAMMY L. JUNK 14 having been duly sworn, testified as follows: 15 DIRECT EXAMINATION 16 BY MS. BOYLE: 17 Q Would you state your name and age, please? 18 A Tammy L. Junk, and my age is 33. 19 Q And are you married to the Defendant? 20 A Yes. 21 Q What was your date of marriage? 22 A October 10th, 1992. 23 Q And do you have children together? 24 A Yes. 25 Q What are their names and ages? 4 • • 1 A Rachel Savanna Junk and she is 8, and Zachary 2 Scott Junk and he's 3. 3 Q And you filed a divorce and custody 4 complaint? 5 A Yes. 6 Q And when did you do that? 7 A May 16th of 2006. 8 Q And why did you file those? 9 A For the divorce? Because he was -- because 10 of what was happening in the household and him being 11 controlling and... 12 Q What type of problems were you encountering 13 in the household? 14 A He was oblivious to the family. He separated 15 himself from us. He wouldn't do anything with us, and he 16 just didn't want to be with us. 17 Q You mentioned a controlling nature. 18 A Yeah. He was controlling. Like if I would 19 go somewhere, he didn't want me to go. It was okay to go 20 someplace with somebody, but not someplace with somebody 21 else and... 22 Q And would he contact you when you were away 23 from the residence? 24 A Yes. He would call. If I wasn't home at a 25 certain time he would call and say, you know, why are you 5 • • 1 not home, and constantly calling and asking, you know, what 2 I was doing, where was I at. 3 Q Were there arguments? 4 A Yes. 5 Q And did the children witness the arguments? 6 A Yes, they did. 7 Q And how did they handle that situation? 8 A They would start fighting. They would get -- 9 you know, try to draw the attention to them, and they would 10 start fighting. They just wouldn't, you know... 11 Q Now, did you work during the marriage? 12 A No, I did not. 13 Q You stayed at home with the children? 14 A Yes, I did. 15 Q Starting what year? 16 A I wasn't working -- hadn't been working since 17 '95. 18 Q The year Rachel was born? 19 A Rachel was born in '97. I wasn't working. 20 I hadn't been working since '95. 21 Q And you do have a job currently? 22 A Yes, I do. 23 Q When did you take that job? 24 A April 4th of this year, 2006. 25 Q And where is it, and what do you do? 6 • • 1 A It's at Wal-Mart. I work in the bakery. 2 Q And you're paid an hourly wage? 3 A Yes. $7.25. 4 Q And you work approximately 31 hours per week? 5 A Yes. 6 Q And your husband worked during the marriage? 7 A Yes. 8 Q And where does he work currently? 9 A For John Gleim. 10 Q A construction company? 11 A Yes. 12 Q And to the best of your knowledge, what is 13 his current earnings? 14 A $15.00 an hour. 15 Q And what are his hours? 16 A I would say approximately from 6 in the 17 morning to u sually 5:00 in the evening. 18 Q And did he also attend school during the 19 marriage? 20 A Yes. For 2 years. 21 Q Where and when? 22 A At York Tech. York Technical Institute. He 23 started in October of 2003, and he graduated on August 10th 24 of 2005. 25 Q So he would work full-time during the day and 7 • • 1 then go to school in the evenings? 2 A Yes. 3 Q And you would be with the children at the 4 residence this whole time? 5 A Yes. All day. Yes. 6 Q When he would come home in the evenings, did 7 he spend time with the family? 8 A He would come home, and then usually eat, and 9 then he would go downstairs on the computer. 10 Q The computer downstairs where? 11 A Downstairs in the basement. 12 Q So he didn't spend time with you in the 13 evenings eithe r? 14 A Not usually, no. 15 Q Was it similar behavior on the weekends? 16 A Yes. 17 Q How did the children handle this? 18 A They would go down, but then they would come 19 back up because he would be doing things down there and -- 20 which I thought would be homework. So they would come back 21 up because he was busy doing his supposedly homework. 22 Q Well, what was he really doing on the 23 computer? 24 A I had found out that he was looking at 25 pornography. 8 0 0 1 Q And how often was he doing this? 2 A Whenever. I would say approximately in the 3 evening it wo uld be like three hours. Between one to three 4 hours in the evening. 5 Q Until the children would be in bed and you 6 were ready to go to bed? 7 A Yeah. 8 Q And on the weekends did he do the same thing? 9 A Yes. 10 Q What type of pornography? 11 A It was supposed to be 18 and over, but some 12 of them I had checked, and they weren't -- they didn't look 13 like they wer e -- they were like teens more so. 14 Q Can you see the hard drive on the floor right 15 there? 16 A Yes. 17 Q Is that the computer from your house? 18 A Yes. 19 Q And you've had that since the two of you have 20 separated? 21 A Yes. 22 Q And you brought that computer to my office? 23 A Yes. 24 Q Did you confront Mr. Junk about his use of 25 the computer and viewing pornography in the house? 9 • • 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 Yes, I did. Q And did his behavior change? A No. Q Did the children have access to this computer? A Yes, they did. Q And what concerned you about that? A If he downloaded anything, that they might see it. Q about Mr. Junk? Did this eventually affect the way you felt A Yes. Q And did you share your feelings with him? A Yes, I did. Q When and what occurred? A He said he would not get on it anymore, and -- but that didn't change. He just -- he kept -- he would go down, and he just was oblivious to us as a family. We would go to things without him. Q Would you go on camping weekends with the kids? A Yeah, camping. We would also go and do things with his family, and he wouldn't -- Q He would remain in the home? A Yes. 10 0 • 1 Q And it is your understanding that he would 2 view pornography while he remained in the home? 3 A Yes. 4 Q Now, you eventually shared your feelings in 5 March of 2006. Can you explain what happened on that day? 6 A I had told him that I didn't love him any 7 more, and I didn't want him -- he was oblivious to us. It 8 was like he didn't want to be with us, and I didn't love him 9 anymore. 10 Q And what was his reaction to you sharing your 11 feelings? 12 A He was upset, but then he went from being 13 upset to, okay, well, if this is how it's going to be then, 14 you know, you're going to have to pay for this and half of 15 this and -- 16 Q Did he advise you at that time that he 17 intended to move out of the marital residence? 18 A Yes. He said he was going to, yes. 19 Q And did he tell you where he would be living? 20 A At his sister's. 21 Q He has two sisters? 22 A Yes. 23 Q And where do they live? 24 A One lives in Carlisle, and one has a home in 25 Harrisburg. 11 • • 1 Q Did he tell you which sister he would be 2 living with? 3 A He said that it most likely would be the one 4 in Harrisburg, maybe staying there. 5 Q Is it your understanding that the sister in 6 Harrisburg owns two residences, one in D.C. and one in 7 Harrisburg? 8 A Yes. 9 Q And where does she primarily reside? 10 A In D.C. 11 Q So there would be a vacant residence 12 available to him in Harrisburg? 13 A Yes. 14 Q Did he tell you whether or not he intended to 15 take the chi ldren with him? 16 A He had said he was just moving out, and that 17 was pretty much it. 18 Q But he told you you would be responsible for 19 paying the b ills at the house? 20 A Yes. 21 Q And you also found out you would be 22 responsible for your health insurance? 23 A Yes. He was not going to -- he had changed 24 jobs, and he said he was not going to put me on his health 25 insurance. 12 0 0 1 Q And that was eventually remedied when we 2 attended a recent support conference; is that correct? 3 A Yes. 4 Q But prior to that, during that timeframe you 5 had no coverage; is that correct? 6 A No. 7 Q Were the children made aware that dad was 8 moving? 9 A They were. He was packing things up, and 10 they would ask, you know, what's dad doing, and I said, 11 well, he's going to be moving out. He was packing things 12 up, and they were just asking why things were being packed. 13 Q So this is the timeframe he started to remove 14 furniture and furnishings from the house? 15 A Yes. 16 Q And how were the children affected by this, 17 watching their dad pack up belongings? 18 A They just -- they didn't understand what he 19 was doing. 20 Q And over what period of time did he remove 21 these belongings? 22 A I would say from the third week of March 23 until -- throughout April. 24 Q And during this timeframe you all continued 25 to live in the house together? 13 • • 1 A Yes. 2 Q Did you sleep in the same bedroom? 3 A No. 4 Q Why not? Where were you? 5 A I was on the couch. 6 Q Did he ask you to remove yourself from the 7 bedroom? 8 A Yes. He wouldn't -- the one night I went in 9 and he wouldn' t allow me to sleep on the couch -- I mean on 10 the bed. 11 Q What was the atmosphere like in the house? 12 A Tension all the time. He would -- we would 13 wake up in the morning, and he would, you know, just go on 14 and on, and, you know, would want to start an argument or 15 say, you know, why are you doing this to me and -- 16 Q Would the children be present for these 17 arguments? 18 A They would some, yes, because they would wake 19 up because it would kind of escalate. 20 Q And how did they react to that? 21 A Well, they would just -- like usual, they 22 would start fi ghting with each other and just acting out and 23 I guess trying to draw the attention to them instead of us. 24 Or Zack -- I k now one time Zack was like, stop. He just 25 said stop. 14 • • 1 Q And he's your four year old? 2 A Yes. Three year old, yeah. 3 Q Now, on the weekends that Mr. Junk did not 4 work, what happened with the children? 5 A After I told him how I felt, he would get 6 them up early and then -- Q What time? 8 A I would say between -- anywhere from like 6 9 and 7. And then he would take them, and then he would be 10 gone all day, and then he would come home later with them 11 like in the evening, I would say like 8:00. 12 Q Did he eventually stop bringing one of the 13 children home at all? 14 A Well, Rachel would stay at his one sister's 15 place. He would just come home and say Rachel wanted to 16 stay. 17 Q Did you express to him that you wished to 18 spend time with the children on the weekends as well? 19 A Yes. 20 Q And what was his reaction? 21 A He said -- well, he just said this is how 22 it's going to be. He said, you know -- he would just take 23 the kids to hurt me, is what he ended up doing. 24 Q You ultimately temporarily moved in with your 25 sister; is that correct? 15 0 0 1 A Yes. 2 Q And when did that occur? 3 A May 14th. It was Mother's Day. 4 Q And why did you do that? 5 A Because I just got tired of the arguments. 6 We would wake up in the morning. He would be on me, you 7 know, you've committed to God, you know, this and that. 8 And, you know, why did you do this to me? And we would just 9 -- and then as soon as he would get home it would be the 10 same thing. 11 We would start arguing again, and it just -- 12 it's like we were neglecting the children because we were 13 constantly arguing, and I just -- I couldn't take it. The 14 kids -- they were getting -- you know, they were getting 15 violent with each other. I don't mean just arguing. I mean 16 they were kicking each other. They were hitting each other. 17 Angry, you know, just not -- I mean my kids aren't like 18 that. They just don't do that. 19 Q Now, where is your sister's house in relation 20 to the marital residence? 21 A It is basically just right down the driveway. 22 Q And you share a driveway access? 23 A Yes -- 24 Q -- 25 THE COURT REPORTER: Wait. You're both 16 • • 1 speaking at once. 2 THE COURT: You have to not talk at the same 3 time so the stenographer can take down what's being said. 4 Why don't you start the question again? 5 MS. BOYLE: Thank you, Your Honor. 6 BY MS. BOYLE: 7 Q You share driveway access to the two 8 residences? 9 A Yes. 10 Q And are there other relatives that live 11 nearby the marital residence? 12 A Yes. My mother just lives down the road, and 13 then my brother lives right beside her. 14 Q About three-quarters of a mile away? 15 A Yeah, I would say approximately. 16 Q And does your brother also have children? 17 A Yes. 18 Q Children the same age as your's? 19 A Yes. They have three children. 20 Q And they spend time together? 21 A Yes. 22 Q In fact, his son attends both school and day 23 care with Rachel? 24 A Yes. 25 Q Now, this was on May 14th, correct? 17 • • 1 A Yes. 2 Q And your sister was the only one out of your 3 family that could temporarily accommodate you and the 4 children? 5 A Yes. 6 Q How did the children feel about leaving their 7 house? 8 A They were -- they were upset because they had 9 to leave, but at least they were being taken out of the 10 situation with the arguments, but they were leaving their 11 own rooms and leaving their animals behind. 12 Q Now, at your sister's home you all share a 13 loft? 14 A Um-hum. Yes. 15 Q So you sleep in the same room? 16 A Yes. 17 Q Versus at the residence the children each had 18 their own bed rooms? 19 A Yes. 20 Q Now, after you were out of the house, did 21 Mr. Junk cont inue to remove things from the house? 22 A Yes. 23 Q Can you explain those items? 24 A He removed like more towels, more kitchen 25 things, s ome of the things off the wall. Then he removed -- 18 • • 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 On the 16th did he remove some larger items? A Yeah. Yeah. He came -- he came to see the children at my sister's place. He said he was moving out. He took the washer and dryer. He took the kitchen table and one refrigerator and he said he was moving out. Q So he had a trailer attached to the car; is that correct? A Yes. Q And it had these appliances as well as the table and chairs inside? A Yes. Q And he was accompanied by his sister from Carlisle? A Yes. Q Was he not? A Yes. Q Now, did he stop -- he stopped the vehicle in the driveway? A Yes. Q And he exited the vehicle and came up to the front door of your sister's house? A Yes. Q At that point what did he say to you? A He said he was moving out and he was taking the dog. He had the dog also with him, and he was leaving. 19 • • 1 Q Did his sister get out of her car? 2 A No. 3 Q Did he advise you where he would be staying? 4 A At his sister's. 5 Q In Carlisle or -- 6 A I assumed -- 7 THE COURT REPORTER: Wait. You're both 8 speaking at the same time. 9 THE COURT: You can't do that. You have to 10 let the attorne y finish the question, and then you may 11 answer. 12 BY MS. BOYLE: 13 Q Was it his sister in Carlisle or his sister 14 in Harrisburg? 15 A I assumed it was the one in Harrisburg. 16 Q He also took the family dog? 17 A Yes. 18 Q And did the children find this upsetting? 19 A Yes. They didn't understand why he was 20 moving out and he was taking the dog with him. 21 Q And you also have cats? 22 A Yes. 23 Q But he left the cats in the house, didn't he? 24 A Yes. He left the cats in the house, yes. 25 Q Did he ultimately return the family dog to 20 0 • 1 the house? 2 A Yes. 3 Q Within what timeframe? 4 A I would say within a day and a half. 5 Q And he contacted you and advised you that the 6 dog was now your responsibility? 7 A Yes. Thursday morning at 5:00. 8 Q And the cats have become your responsibility 9 as well? 10 A Yes. 11 MS. BOYLE: May I approach, Your Honor? 12 THE COURT: Certainly. 13 (Whereupon, Plaintiff's Exhibit No. 1 was 14 marked for identification.) 15 BY MS. BOYLE: 16 Q I'm showing you what's been marked 17 Plaintiff's Exhibit Number 1. Can you tell me what that is, 18 please? 19 A Yes. This is the items that he had -- he 20 took. 21 Q And it was -- mostly these items were removed 22 from the residence by March of 2006; is that correct? 23 A Yes. At least by the end, yes. 24 Q And that was right around the same time you 25 told Mr. Ju nk that you were no longer in love with him? 21 • • 1 A Yes. 2 Q And also around the time he first told you he 3 would be moving out? 4 A Yes. 5 Q Now, I know that the spare refrigerator and 6 the washer and dryer and the kitchen table are on this list. 7 They were actua lly removed May 16th, correct? 8 A Yes. 9 Q And he advised you again at that time that he 10 was moving out? 11 A Yes. 12 Q About two-thirds of the way down the list it 13 indicates lands caping blocks that had children's foot and 14 hand prints in them. 15 A Yes. 16 Q What does that mean? 17 A That was -- they're like concrete. They were 18 like patio blocks that we had put the children's hand prints 19 and feet prints in whenever they were being done -- whenever 20 he did them, and then we were still living there, and the 21 one morning he went out and chiseled them out and took them. 22 Q They were cemented down to the patio? 23 A Yes. 24 Q You then decided to return to the marital 25 residence? 22 1 A Yes. 2 Q And when did you decide you would return? 3 A Approximately a week later. It was around 4 Memorial Day. Memorial Day weekend. 5 Q And what steps did you take to prepare the 6 house for your return? 7 A I went up and I cleaned the house. I cleaned 8 everything, and -- 9 Q Had the house been cared for up until that 10 point? 11 A No, no. There was dishes -- dirty dishes 12 everywhere, wha t was left of the dishes, and things were 13 just left, and I went up and I cleaned everything, the 14 dishes that were there, and there was old food in the 15 fridge. I clea ned everything up and started bringing some 16 things back in. 17 Q Were the children excited about coming back? 18 A Yes. 19 Q And there were some items left in the house, 20 correct? 21 A Yes. 22 Q Did you move those to the basement? 23 A Yes. 24 Q Is this the only time you moved any items? 25 A Yes. 23 • • 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 To the basement? A Yes. Q And you returned -- you said you moved some items back into the house. What were they? A A couch that was my mother's. I borrowed it from her. A dryer that was my father's, I borrowed from him. A table that my sister had given to me -- given to us a long time ago that I had just brought up. Q And Rachel's bed as well? A And Rachel's bed, yes. Q What occurred when you were trying to return to the house? A He brought the children home, and he started -- he started an argument, and I just -- I didn't want to have to argue. Q So what did you decide to do? A I decided then I'll just come back down and stay at my sister's. Q And that's when you decided to file the present petition? A Yes. Q Did he tell you that if you were moving back he would move back too? A Yes, and he's taking the bedroom. Q That's what he said to you? 24 • • 1 A Yes. 2 THE COURT: He said what? 3 THE WITNESS: That he gets the bedroom. 4 BY MS. BOYLE: 5 Q Did he change -- put a lock on the bedroom? 6 A Yes, he did, an exterior lock. 7 Q On the master bedroom door? 8 A On the master bedroom door. 9 Q Did Mr. Junk really move back to the marital 10 residence? 11 A No, not that I know of. He just comes and 12 goes, that I know of. 13 Q Have you had the occasion to enter the house 14 and photograp h the interior? 15 A Yes, I have. 16 (Whereupon, Plaintiff's Exhibit No. 2 was 17 marked for id entification.) 18 BY MS. BOYLE: 19 Q I'm showing you Plaintiff's Exhibit Number 2. 20 Can you tell me what those are? 21 A This is the foyer. 22 Q Well, let me stop you. These are 23 photographs? 24 A Yes. 25 Q Of your house? 25 • • 1 A Yes. 2 Q And were they taken by you? 3 A Yes. 4 Q And this first set of photographs, what date 5 were they take n? At the top of the page. 6 A Yes. May 20th. 7 Q Okay. And there's also a digital indicator 8 as to when the picture were taken; is that correct? 9 A Yes. 10 Q Okay. Please identify them. 11 A This is the foyer where you first come in the 12 house. 13 Q And it's vacant? 14 A Yes. 15 Q The next one? 16 A The next one is the kitchen. It shows the 17 basement door, and we had a phone there on the wall. 18 Q And the phone was removed by Mr. Junk? 19 A Yes. 20 Q He also disconnected the telephone, did he 21 not? 22 A Yes, he did. 23 Q The next page? 24 A This is -- the one on the left is where the 25 refrigerator w as, the second refrigerator. 26 0 0 I Q That Mr. Junk took on the 16th? 2 A Yes. And then this is like our dining room 3 and part of the kitchen where the kitchen table was. 4 Q Okay. 5 A And then this is the living room, and it is 6 stained beca use that is where the dog was sick. And then 7 the hallway. 8 Q And both of these photos show that they were 9 empty? 10 A Yes. 11 Q The next page. 12 A This is the master bedroom. There's nothing 13 in it. There's also another stain on the floor from 14 whenever he brought the dog back sick. And there's nothing 15 in there. 16 Q The next page. 17 A That's our bedroom closet. 18 Q Also empty? 19 A Um-hum. Yes. 20 Q Okay. 21 A And the next one is my daughter's room, and 22 her bed was gone. And then this is just how -- it was 23 pretty much intact though whenever I left other than her 24 bed. Her dresser was -- 25 Q And also Zachary's bedroom showing most of 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 the belongings missing? A Yes. Q The next photo is the washer and dryer? A Yes. He took that. Q And there are a number of photos that follow concerning the kitchen. Can you briefly describe what they -- what they are, and when they were taken? A This was May 24th just showing that there is nothing in the cupboards, no food. The spices -- he took all of the spices. He took the salt and pepper. Q He took the pots and the pans? A Yeah. He -- MS. SPEARS: Your Honor, we would stipulate that these pictures are going to show that the house was pretty bare because she took everything. MS. BOYLE: She's testifying to the contrary. So I'm not going to stipulate to that. THE COURT: If you both agree that the house was pretty much empty, that's enough for me then. Then she can say who she says took the items, and Mr. Junk can say who he says took them. MS. BOYLE: Thank you, Your Honor. BY MS. BOYLE: Q Please continue. A That was of the spices. It just shows that 28 1 there's nothing in any of the cupboards. Just some odd and 2 end things that were left. 3 Q You also took some photos May 27, 2006? 4 A Yes. 5 Q And the kitchen is in the exact same shape, 6 it appears? 7 A Yes. 8 Q Empty. The living room and the other rooms 9 are empty as we ll? 10 A Yes. 11 Q The next set of photos were taken June 14, 12 2006? 13 A Yes. 14 Q Are you with me? 15 A Uh-huh. 16 Q And that first photo is -- what room is that? 17 A That is the foyer whenever you come in and 18 the entertainment center that's in the living room. 19 Q The next photograph, there appears to be a 20 table and chairs in the foreground. Is that the table and 21 chairs that you returned to the house? 22 A Yes. That's the table and chair that I put 23 there, yes. 24 Q And in the background is the dryer you 25 mentioned previ ously; is that correct? 29 • • 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 Yeah. You can see part of the dryer. That's the dryer that I borrowed to put in the house. Q Have you since retrieved those items? A Yes. Q The next photograph is Rachel's bed that had been returned to her bedroom? A Yes. And I had reorganized -- started reorganizing her room whenever we went up that day. Q So you left these items there from Memorial Day weekend until sometime after June 14, and maybe even later, and Rachel's bed wasn't even used? A No. Q So you since have retrieved it? A That is actually still there. Q Actually still there. To your knowledge, is it even being used? A No, it's not being used. Q The next page, please. And what does this show? A This is the front yard, the grass that wasn't -- it wasn't being mowed. Q So the grass is overgrown around the children's swing set? A Yes. Q And around the picnic table? 30 • • 1 A Yes. 2 Q There's also a series of photos taken June 3 18, 2006. Do they demonstrate pretty much what you've 4 already testif ied to? 5 A Yes. 6 Q I note that the dryer and the dining room 7 table, you sti ll left them in the residence at this point? 8 A Yes. 9 Q There's also a photograph of Mr. Junk's 10 dresser that's virtually empty; is that correct? 11 A Yes. 12 Q You also have a picture of the master bedroom 13 door. Why do you include that? 14 A It just shows the exterior lock that he put 15 on it because he didn't want me going in. 16 Q The bathroom that is pictured there from 17 6/18/06, whose is that? 18 A That's the kids's. 19 Q Was there anything in that bathroom? 20 A No, no. 21 Q The next picture is Rachel's bedroom closet. 22 There's no clothing in there, correct? 23 A Correct. 24 Q And the next picture shows a set of bunk 25 beds? 31 • • 1 A Um-hum. 2 Q Can you explain what that is? 3 A This is where they stay -- 4 Q They -- who's they? 5 A Scott and the kids whenever he has them. 6 He'll come for weekends. 7 Q So to the best of your knowledge, he's really 8 just spending the weekends there that he has the children? 9 A Yes. 10 Q And all three of them sleep in this set of 11 bunk beds? 12 A Yes. 13 Q And this is even after you've left Rachel's 14 bed in the hou se? 15 A Yes. Rachel's bed is still there. 16 Q I note you have some photos in here from June 17 26, 2006. We still have the same set of bunk beds, correct? 18 A Yes. 19 Q There are some pictures of the kitchen. Is 20 it accurate to say that there's still nothing in the 21 cabinets? 22 A Yes. That's how it was. 23 Q And both the master bedroom and Rachel's 24 bedroom are empty? 25 A Yes. 32 • • 1 Q The children's bathroom appears to be unused? 2 A Yes . No towels. 3 Q No toothpaste? No toothbrush? Did you 4 answer that? Is t here a toothbrush or toothpaste for the 5 children? 6 A No. 7 THE COURT: Is there a custody order in 8 effect? 9 MS. BOYLE: There is, Your Honor. 10 THE COURT: I need the witness to tell me. 11 Is there a custody order? 12 THE WITNESS: Yes. 13 THE COURT: And what does it say? 14 THE WITNESS: It originally stated that he 15 would get them every other weekend and every Wednesday 16 evening and -- 17 MS. SPEARS: Your Honor -- 18 THE COURT: What's it say now? 19 THE WITNESS: Now -- as of right now it is 20 -- he gets them one week Friday to Friday, and then this 21 Friday I'll get them until next Friday. 22 THE COURT: So you alternate weeks? 23 THE WITNESS: Yes. 24 MS. SPEARS: And, Your Honor, just to 25 clarify, there was never an order for alternating weekends. 33 0 0 1 There's only one order, and that is for the shared. 2 MS. BOYLE: We just -- 3 THE COURT: Well, do you have a copy you can 4 make a part o f the record? 5 MS. BOYLE: We don't have the order. We just 6 attended the conciliation several days ago. 7 THE COURT: I see. 8 MS. BOYLE: And we're having an additional 9 conciliation before school starts pending what Your Honor 10 may do with t his issue. 11 THE COURT: Okay. 12 MS. BOYLE: Thank you. 13 BY MS. BOYLE: 14 Q The next photo from June 26, 2006, shows that 15 the back yard is still overgrown; is that correct? 16 A Yes. 17 Q And the following page, is this where the 18 patio stones had been located? 19 A Yes. That's where they were. 20 Q You have two other sets of pictures here, one 21 from July 4th and one from July 16th. Have there been any 22 changes in th e household since then concerning how it 23 appears from these previous photos? 24 A No. It's the same. 25 Q To your knowledge, does Mr. -- how often does 34 • • 1 Mr. Junk even stay at this house? 2 A I honestly don't know. 3 Q But it appears that he doesn't stay there at 4 any time other than when he has the children? 5 A Yes. 6 Q He also uses his sister's address from 7 Carlisle as hi s mailing address? 8 A Yes. 9 Q And Mr. Junk had insisted on exchanging 10 custody on Sundays, when you were doing the every other 11 weekend schedu le, in Carlisle? 12 A Yes. 13 Q Now, given how close your sister lives in 14 proximity to the marital residence, can you see into your 15 sister's house when you use the driveway? 16 A Yes. 17 Q And has Mr. Junk been looking in the windows 18 of the house? 19 A He hasn't pulled up into the -- into the 20 house, but like when he goes passed you can see in -- it 21 would be hard to see in what everybody was doing, but in the 22 yard. 23 Q So he pauses in the driveway to look into the 24 house? 25 A Sometimes, yes. Other times, no. 35 9 • 1 Q Has he driven up into the carport of your 2 sister's house? 3 A Yes, he has done that before. Yes. 4 Q Up behind your parked car? 5 A He's drove up to my car, yes. 6 Q And then he called you from there? 7 A Yes. 8 Q Has he also come to Wal-Mart where you work? 9 A Yes, he has. 10 Q And what occurred there? 11 A He just informed me that he was moving back 12 into the hom e, and that he was going to be taking some 13 things up. He was coming to Wal-Mart to my work and telling 14 me that. 15 Q Why did he tell you he was moving back into 16 the house? 17 A Because he knew that I was going to be trying 18 to move back in. That I was going to go back. 19 Q And did he tell you that if you conceded your 20 position in custody that you could have the house? 21 A Yes, he did. 22 Q How many times has he said that to you? 23 A I would say at least four. 24 Q Now, how much is the mortgage on the 25 residence? 36 0 • 1 A Five hundred a month. 2 Q And does that include an escrow for insurance 3 and taxes? 4 A No. 5 Q You pay that separately? 6 A Um-hum. 7 Q And you have been paying half of the 8 mortgage? 9 A Yes, half of the mortgage. 10 Q You' ve also been paying the utilities? 11 A I've been paying the utilities also. 12 Q But not the telephone since Mr. Junk 13 disconnected -- 14 A No - - 15 THE COURT: Wait. You have to let the 16 attorney fini sh the question. You'll have to ask that 17 question agai n. 18 BY MS. BOYLE: 19 Q But not the telephone since Mr. Junk 20 disconnected it? 21 A Yes. 22 Q Have you looked for other properties for you 23 and the child ren? 24 A Yes, I have. 25 Q And are there anything else you're able to 37 • • 1 afford? 2 A No. It ranges anywhere from 675 to 800. 3 Q You mean a property similar to what the 4 children would be living in at the house? 5 A Yes. 6 Q With your job and the support that you 7 receive from Mr. Junk, would you be able to afford the 8 marital residence? 9 A Yes. 10 Q And do you view the situation at your 11 sister's hous e as temporary? 12 A Yes. 13 Q Why is that? 14 A It's nice, but it's -- you know, we're in one 15 room, and I h ave a dog, and it's just -- it's not 16 convenient. 17 Q And you've had to return to the marital 18 residence all of this time to take care of those cats, 19 haven't you? 20 A Yes. I usually go up -- my sister goes up in 21 the morning t o feed them. I go up in the evening and feed 22 them and give them fresh water. 23 Q How has all of this affected the kids? 24 A They want to go home. They want to see their 25 cats again. They, you know, want to be up there with their 38 • • 1 animals. They want to be able to go out and play in the 2 yard, and -- because we have a swing set out there, and my 3 sister doesn't have a swing set, and I just put their pool 4 up on the deck in the back during the summer so they can 5 play in the pool. 6 Q Do you believe it's best for them to be in 7 this house? 8 A Yes, I do. 9 Q And why is that? 10 A So that they can get back to normalcy. So 11 they can have their own bedroom. So they can play outside 12 and have their own things. 13 MS. BOYLE: I have nothing further, Your 14 Honor. 15 THE COURT: Okay. Ms. Spears. 16 MS. SPEARS: Thank you. 17 CROSS EXAMINATION 18 BY MS. SPEARS: 19 Q Mrs. Junk, how often did you testify that you 20 enter the marital residence? 21 A What was that? 22 Q How often do you enter the marital residence? 23 A I would say maybe twice a week whenever I 24 want to give the cats fresh water. 25 Q You are testifying that you only go to the 39 0 0 I marital residence twice a week? 2 A Usually, yes. 3 Q And -- 4 A I go up every evening to feed the cats, but 5 then I only usually enter the residence, I would say, twice 6 a week to change water for the cats. 7 Q And how often does your sister go to enter 8 the marital residence? 9 A She doesn't go -- she doesn't go in the 10 marital resi dence. She goes up in the mornings to feed the 11 cats for me, but she doesn't go in. 12 Q And have you brought any friends to the 13 marital resi dence? 14 A I had brought one, yes, but I brought -- she 15 came home wi th me for supper, and I went up to tend to the 16 cats. 17 Q Who was that? 18 A That was a friend that I work with. 19 Q And her name? 20 A Jen. Jennifer. 21 Q Does she have a last name? 22 MS. BOYLE: Objection. 23 THE WITNESS: I'm not sure what her last name 24 is. 25 MS. BOYLE: Withdrawn. 40 • • 1 BY MS. SPEARS: 2 Q You admitted that you -- prior to taking the 3 pictures on May 20th, you removed Mr. Junk's items to the 4 basement; is that true? 5 A I took -- one time whenever I tried to come 6 up to come back into the home, I took them down. That was 7 the only time. 8 Q And what items were those that you removed to 9 the basement? 10 A He had a blow-up mattress and a desk, and 11 that was about it. 12 Q Over Memorial weekend you testified that you 13 were moving property back into the home and Mr. Junk brought 14 the children home from the day to go to bed. What time did 15 you leave the marital residence that night? 16 A I would say approximately -- maybe 11:00. 17 It was like a half an hour after he came -- that he came. 18 Q So you would testify that he came home around 19 10:30? 20 A Yes. It was late. Very late. 21 Q Can you testify as to what items of furniture 22 you removed from the home? 23 A I removed the bed and our nightstands, the 24 children's beds. Just odd and end things. Pictures, the 25 pictures off the walls. Everything else pretty much was 41 • • 1 left. The kitchen was intact. The kitchen table was there. 2 The washer and dryer was there. The dressers that we had in 3 our closet were his. They were left also. We had an oak 4 chest, that was his. The furniture was left. I think we 5 did take the one -- I think we may have took the -- no, we 6 didn't take the coffee table. I think we took one end table 7 and just some -- and I did take my China closet. 8 Q What did you take of the children's? 9 A I took their beds and their clothing and just 10 a few toys. Rachel's room -- she had a desk in there. She 11 had a bookstand. She had like toys that you had to pull out 12 shelves. They are like containers, I left them. The only 13 thing I took of Rachel's is mainly some of her toys, her 14 bed, and her clothing. The living room -- the living room 15 furniture was there. 16 Q That's all I asked. You testified that 17 Mr. Junk changed jobs at one point and you did not have 18 health insurance. Isn't it true that he didn't have health 19 insurance for a period of time after switching jobs either? 20 A No. He said that once he was eligible, which 21 would have been his 90 days, he was not going to put me on 22 his insurance. 23 Q So there was a period of time -- my question 24 was there was a period of time when he switched jobs that 25 neither of you had insurance available? 42 • • 1 A Yes. And the children didn't have any 2 insurance either. 3 Q Weren't the children on Chips for that time 4 period? 5 A No, they were not. 6 Q How many Saturdays in April and May did you 7 work? 8 A I would say approximately -- let's see. I 9 didn't start until April 4th. I would say maybe three. 10 Q For both months? 11 A Yes. 12 Q So when did you start working every other 13 Saturday? 14 A I would say maybe the second or third week in 15 May, and all this summer I've had every other Saturday off 16 because we go camping. 17 Q So your schedule in April didn't originally 18 include Satur days? 19 A I started out working Saturdays, yes. 20 Q In April? 21 A Yes. When I first started. 22 Q You testified that your mother lives right 23 down the stre et. How many bedrooms does your mother have? 24 A She has two. She has three total, and then 25 she has two t hat are spare. 43 • • 1 Q So is there a reason why you couldn't move in 2 with your mother? 3 A One of them is used as storage. The one 4 spare bedroom, she uses that as storage. 5 Q Okay. So my question was is there a reason 6 why you couldn' t have moved in with your mother? 7 A We would have been in a very small room 8 compared to the room that we were at at my sister's place. 9 Q So your mother would still have only had one 10 bedroom for the three of you? 11 A Yes. 12 Q As I look through some of these photos that 13 your counsel ha s presented -- for instance, if you look -- 14 I'm not sure wh ich date it was. Actually on several of the 15 dates. In the master bedroom closet, do you see Mr. Junk's 16 clothing there? 17 A Hold on. I've got to find it. 18 Q The one would be on June 26th. Another, June 19 18th. If you l ook at the master bedroom photos. 20 A Okay. One has the bathroom sink with it. 21 That one -- 22 Q On the 26th, yeah. Those appear to be his 23 clothes to me. Is that what it looks like to you? 24 A Some, yes, but he doesn't -- he didn't have 25 -- the two bott om drawers in the dresser was completely 44 • 1 empty, and he had a lot more clothes than that. 2 Q And what about June 18th, the picture of the 3 master bedroom closet? 4 A June 18th? The one that has the picture of 5 the door knob? 6 Q Yes. 7 A Okay. What was your question? 8 Q Do you see Mr. Junk's clothing in the closet? 9 A Yeah. He has some. 10 Q I see some hanging and some on the floor; is 11 that correct? 12 A Yes. The ones on the floor are dirty, but he 13 had -- where that white hanger was that's -- the dresser, 14 that's where his clothing came to. 15 Q And you testified that there was no washer 16 and dryer in the house, correct? 17 A No. Not at this time, no. 18 Q Is it possible that perhaps his clothing was 19 dirty and he was taking it out to be cleaned somewhere where 20 there was a w asher and dryer? 21 A Yeah, that's possible, but not -- this is 22 usually what he had. That's -- he didn't have -- he had 23 more clothing than that. He got rid of a lot of his 24 clothing when he moved out. 25 Q Do you recall what the first weekend was you 45 • • 1 allowed him to see the kids? 2 A What was that? 3 Q Do you recall which was the first weekend you 4 allowed him to see the children? 5 A After we got -- after we had a temporary 6 custody agreement. 7 Q Do you recall what weekend it was? 8 A No, I don't. 9 Q Would it perhaps have been Memorial weekend? 10 A No. It was before that. 11 Q You moved out May 14th. Memorial weekend was 12 the weekend of May 27th and 28th. Was it your testimony 13 that he saw the children for the weekend in between? 14 A No. He didn't see them for that weekend. 15 Memorial Day is when -- Memorial Day -- I only remember him 16 having them Memorial Day weekend because he had them until 17 Monday. 18 Q And isn't it true that you would not let him 19 have the children for a weekend or an overnight until he 20 signed something agreeing that he would only have them 21 alternating weekends and return them at a certain time? 22 A What was that last part? 23 Q That he would only agree to take them for 24 alternating weekends and to return them within a certain 25 period of ti me? 46 • • 1 A He could come visit them. 2 Q My question is, you did not allow him to have 3 the children until he signed something stating that he would 4 only have alternating weekends, and he would return them at 5 a certain time? 6 A No. No, I did not. 7 Q So you're saying there are times that he 8 could have had the children and what? He just didn't ask? 9 A He could have come and visited them, yes. 10 Q I'm talking about him having an overnight 11 with the children? 12 A I only did that because that was under the 13 advice of my lawyer. 14 Q So he -- 15 A He -- 16 THE COURT REPORTER: Wait. You're both 17 speaking at once again. Please start the question again. 18 BY MS. SPEARS: 19 Q So he was not allowed by you to have an 20 overnight with the children until Memorial weekend; is that 21 correct? 22 A Yes. 23 Q And some of these photos you took, for 24 instance, May 20th, May 24th, would have been before 25 Memorial weekend; is that correct? It's not a hard 47 • 1 question. 2 MS. BOYLE: Objection. 3 THE COURT: On what ground? 4 MS. BOYLE: No need to harass the witness. 5 She's reviewing the exhibit and preparing her answer for the 6 question. 7 THE COURT: All right. The objection is 8 noted, but overruled. 9 THE WITNESS: Yes, that's right, because 10 these were May 20th when I started taking these. 11 BY MS. SPEARS: 12 Q I'm sorry. Do you have an answer? 13 A I said, yes, because this is May 20th 14 whenever I took the photos. 15 Q So prior to Memorial weekend Mr. Junk didn't 16 have an opportunity to have an overnight with the children; 17 isn't that true? 18 A It was only a week. 19 Q From May -- 20 A Because when ever I had stayed with my sister, 21 it was only through the tim e I had stayed with her to 22 Memorial Day weekend. It w as only a week. 23 Q May 14th to the Memorial Day weekend, it was 24 only one week? 25 A Well, it was like 6 days, 7 days. 48 • • 1 Q Okay. Well, I'm going to get to another 2 point because I think you're missing the questions. You 3 testified that you took the children's beds? 4 A Yes. 5 Q From the home. So would Mr. Junk have had 6 the need to ha ve a bed for t he children at the home prior to 7 the time that he was having them for overnights? 8 A Yes. 9 Q Okay. Would you explain that? 10 A There was two frames downstairs -- two bed 11 frames downsta irs that were spare beds that we had, along 12 with his bed f rame that was also downstairs that he could 13 have used. 14 Q But you took the mattress though? 15 A There wasn't -- there was one mattress down 16 there. 17 Q Okay. Well, my question is, why would he 18 have needed be ds for the chi ldren if you weren't allowing 19 him to have ov ernights with the children? 20 A I don't know. 21 Q Isn't it true that he did borrow beds and 22 they, in fact, are still in the house for the children? 23 A Yeah, the one bunk bed. The bunk bed set, 24 that's what he borrowed. 25 Q What kind of items did you leave in the 49 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 kitchen cabinets when you left? A Everything. Q You left food? A Yeah. Yes, I did. Q What kind of food did you leave? A There was canned items. There was cereal, pasta, spaghetti. The kitchen was completely intact when I left. Q So you didn't take any dishes or silverware? A Q past weekend? No. Did you enter the marital residence over this A Yes. Q And did you take anything? A Just a pair of shorts that were Rachel's. Q That's it? Just one pair of shorts? A Yes, yes. Q When you enter the marital residence, do you ever leave the doors wide open? A No. Q And you never turn the heat on? A No. Q Did you break into the bedroom? A No. Q Do you have a key to the marital residence? 50 0 0 1 A Yes, I do. 2 Q And, to your knowledge, have the locks been 3 changed? 4 A No, they haven't. 5 Q Who else in your family has keys to the 6 marital residence? 7 A Nobody. 8 Q So you don't give your sister access to the 9 keys? 10 A No. She has no reason to. 11 MS. SPEARS: I have no further questions, 12 Your Honor. 13 THE COURT: Okay. Ms. Boyle, do you have any 14 further questions of this witness? 15 MS. BOYLE: Just a couple, Your Honor. 16 THE COURT: We're about at the end of the 17 half of the hearing that we have scheduled for this morning. 18 You're welcome to go on if you want and ask more questions, 19 but we're not going to get done if you do that. And that's 20 perfectly all right, but I'll just have to schedule another 21 hearing at another time. 22 MS. BOYLE: I'm prepared to move on, Your 23 Honor. It's nothing extensive. 24 THE COURT: Okay. You may step down. Thank 25 you. Does that conclude your presentation? 51 • • 1 MS. BOYLE: No, Your Honor. I'd like to call 2 Mr. Junk as on cross examination. 3 THE COURT: Well, that's all right, but we're 4 not going to finish this morning then because your half of 5 the hearing is concluded, as far as the time we have 6 allotted this morning. So I'm perfectly willing to 7 reschedule for another period of hearing. 8 MS. BOYLE: Well, I'd like to at least get as 9 far as I can, Your Honor, if that is all right with you. I 10 would be cross-examining Mr. Junk anyway. I assume he's the 11 star witness for opposing counsel. 12 THE COURT: Well, that's okay, but we're 13 scheduling into November. So we won't be back until 14 November if we continue on with your case then. 15 MS. BOYLE: Well, I don't quite understand 16 what you're saying to me, Your Honor. I need to 17 cross-examine Mr. Junk anyway, and hopefully -- I am hoping 18 after you hear some of the testimony here you might be 19 inclined to enter a temporary order pending the rest of the 20 hearing. 21 THE COURT: Well, that's -- you can hope 22 that, but I'm not going to promise that if I haven't heard 23 equal amount of time from the other side. Go ahead. 24 MS. BOYLE: Thank you, Your Honor. 25 52 0 0 1 Whereupon, 2 ANDREW SCOTT JUNK 3 having been duly sworn, testified as follows: 4 AS ON CROSS EXAMINATION 5 BY MS. BOYLE: 6 Q Mr. Junk, do you agree that in March of -- THE COURT: We need your name and address, 8 please. 9 THE WITNESS: My name is Andrew Scott Junk. 10 I live at 155 Beetem Hollow Road. 11 THE COURT: Is that Newville, Pennsylvania? 12 THE WITNESS: Newville. 13 THE COURT: Okay. 14 THE WITNESS: And that is the marital 15 residence. 16 THE COURT: All right. 17 MS. BOYLE: Thank you. 18 BY MS. BOYLE: 19 Q Mr. Junk, would you agree that in March of 20 2006 your wife told you she did not have feelings for you 21 anymore? 22 A March 4th. 23 Q 2006? 24 A 2006. 25 Q And at that time you told her she would need 53 • • 1 to get a job and assist in the payment of the bills at the 2 residence; is that correct? 3 A No. She said that she wanted to get a job 4 and see how t he job went, and that would be based on whether 5 she wanted to stay married to me or not. 6 Q But she has, in fact, paid half of the 7 mortgage on t he marital residence, has she not? 8 A Yes, she has since she left. 9 Q And she's paid all of the utilities at the 10 house? 11 A She has paid for the electric. 12 Q You had the telephone disconnected, correct? 13 A Correct. She has a cell phone, and I have a 14 cell phone. 15 Q And you removed the wall phone from the 16 house? 17 A After she took what I assumed was what she 18 wanted, yes. 19 Q Is that a yes? You did take the wall phone 20 from the house? 21 A Yes, I did. 22 Q You saw Plaintiff's Exhibit Number 2. Would 23 you agree these are photographs of the house? 24 A Yes. 25 Q Is it your position that you never moved out 54 • • 1 of the house? 2 A I have never moved out of the house. 3 Q So all of these photos of you removing these 4 items here -- you continued to live in the residence this 5 entire time? 6 A Those photos are of the items that we both 7 have removed. 8 Q But you agree that you have removed some of 9 your personal belongings and clothing from the residence; is 10 that correct? 11 A I have not removed any clothing, no. 12 Q You've not removed any clothing? 13 A No. 14 Q But you did remove the washer and dryer; 15 isn't that correct? 16 A Correct. 17 Q Where are you keeping t hose? 18 A They are in my sister's house in Harrisburg. 19 Q And are you using them? 20 A No. 21 Q So you removed them from the house even 22 though you keep your clothing there; is that correct? 23 A Correct. 24 Q And you put them in a p lace where neither you 25 nor your wife could use it, correct? 55 • • 1 A Correct. 2 Q The day you took the washer and dryer, did 3 you have a big trailer attached to the car? 4 A No. It was not a big trailer. It was a 5 small trailer. 6 Q But you did, in fact, have a trailer attached 7 to the car? 8 A Yes. 9 Q And this was May 16th of this year? What are 10 you looking at, sir? 11 A These are my notes. I have kept a daily 12 journal ever since March 4th. 13 MS. BOYLE: Your Honor, I would request a 14 copy of those notes, please. If the witness will be 15 referring to those for testimony, we should be privy to what 16 they are. 17 THE COURT: Don't look at your notes, but if 18 you can't remember something and you need to refresh your 19 recollection then indicate that, and your counsel will ask 20 that you be allowed to refresh your recollection with your 21 notes. 22 THE WITNESS: May I be refreshed on March 23 16th? May 16th, I'm sorry. 24 MS. SPEARS: Your Honor, I believe he's not 25 sure of the date because she's specifically named a date, 56 0 0 1 and he's not positive which date it is without referring to 2 his notes. 3 MS. BOYLE: If I can simply review the notes 4 along with hi m, Your Honor, I'm fine with him looking at the 5 notes. 6 THE COURT: Okay. 7 MS. BOYLE: Thank you. 8 BY MS. BOYLE: 9 Q The question was, when did you remove the 10 washer and dr yer from the residence? 11 A The date you had mentioned was May 16th? 12 Q That's correct. 13 A Correct. 14 Q May I see your notes, please? Where in your 15 notes does it indicate that you took the washer and dryer on 16 that day? 17 A It doesn't indicate it. This was the day I 18 called to see my children, and Tammy would not let me see 19 them. I call ed her up that day to let her know that I had 20 something for each child and something for her, if I may 21 stop down and give that to them, and she had let me. 22 Q So you did stop at Carol's house where 23 Mrs. Junk and the children were temporarily relocated, 24 correct? 25 A Correct. 57 0 0 1 Q And you came up to the door? 2 A The children came on the porch. 3 Q Did you exit your vehicle? 4 A Yes. 5 Q Okay. And attached to the vehicle you said 6 was this trailer that had the washer and the dryer? 7 A Correct. 8 Q Did it also have the kitchen table and the 9 chairs? 10 A The trailer, no. It did have the chairs on 11 it, but the trailer did not have the kitchen table. 12 Q Where was the kitchen table? 13 A In my truck. 14 Q You were removing that at the same time as 15 well? 16 A Correct. 17 Q Was there also a spare refrigerator you were 18 taking a t that time? 19 A We had two refrigerators. I took the older 20 of the two. 21 Q And are you storing that at your sister's 22 house in Harrisburg? 23 A No. 24 Q Where is that located? 25 A It was at my other sister's. 58 • • 1 Q Your sister in Carlisle? 2 A Correct. 3 Q So you never returned the table and the 4 chairs back to the residence? 5 A No, I have not. 6 Q You also removed the lawn mower from the 7 house; is that correct? 8 A Correct. 9 Q And when did you do that? 10 A I had taken the lawn mower a little bit 11 before she had left. I believe it was a week before. 12 Q And you didn't bring it back to mow the lawn 13 for it appears to be more than months at a time; isn't that 14 correct ? 15 A When I would mow the lawn, my son would 16 follow behind m e with a plastic lawn mower, and I couldn't 17 bring m yself to mow the lawn without him doing that. 18 Q So you allowed the lawn to become overgrown 19 around the swin g set and the picnic table so the children 20 wouldn' t be abl e to access that? 21 A The children were not with me. 22 Q Well, they were with you on Memorial Day 23 weekend , were t hey not? 24 A Correct, but we had scheduled other things to 25 do. We were no t at the house. 59 • • 1 Q But you would agree with me the lawn still 2 wasn't mowed in preparation for them coming with you that 3 weekend, correc t? 4 A Correct. 5 Q And it wasn't mowed until sometime after 6 that, correct? 7 A It was about a month and a half. 8 Q And you had the children in the interim and 9 the lawn still wasn't mowed? 10 A Correct. 11 Q You also removed the patio stones where the 12 children's hand s and footprints were, I believe, correct? 13 A I had handmade those patio stones. 14 Q Well, that wasn't my question. You removed 15 them out of the concrete, didn't you? 16 A No. I removed them out of the grout. 17 Q But you had to dig them up to get them out, 18 correct? 19 A No. I took a hammer, and they popped right 20 out. 21 Q Your sister from Carlisle, she accompanied 22 you on the 16th to take the washer and the dryer and the 23 other items; is that right? 24 A Correct. 25 Q But she never got out of her vehicle that 60 • 1 day, did she, to approach Mr. Junk's sister's house? 2 A No, she did not. 3 Q Is it true that all three of you sleep on the 4 bunk beds at the house when you have the children? 5 A No, it is not. 6 Q Well, who sleeps in the bunk beds? 7 A Zachary sleeps on the bottom bunk. Zachary, 8 our son. 9 Q Yes. And where does Rachel sleep? 10 A In her bed. 11 Q Why is it in these photos that her bed never 12 appears t o have any sheets on it? 13 A The same reason I guess it appears it has a 14 bunch of stuff thrown on the top. 15 Q What are you saying? 16 A Her bed has been made. That's where she 17 sleeps. 18 Q Do you -- you place sheets on this bed when 19 you come and you stay there? 20 A I stay there all the time. The sheets stay 21 there whe n I' m there. 22 Q So how is it that they are off the bed? 23 A I don't know. 24 Q Would it surprise you to know that the 25 children report that all three of you sleep in those bunk 61 • • 1 beds? 2 A No, it would not. 3 Q Now, your sister who lives in Harrisburg, she 4 also owns a house in Washington D.C.? 5 A She lives in D.C. 6 Q So the house in Harrisburg is vacant? 7 A At this time, yes. 8 Q And you used her address as your mailing 9 address or the sister in Carlisle? 10 A I used the Carlisle address as my mailing 11 address. 12 Q And you made this decision to use her address 13 rather than say a local post office box closer to the 14 marital resi dence? 15 A It's easier. That way when I get any type of 16 bills or important mail, my sister will call me and let me 17 know, whereas a post office box, I'd have to check it every 18 day. 19 Q What items of those that you removed are with 20 your sister in Carlisle? You mentioned the table and the 21 chairs. 22 A The table and the chairs and the refrigerator 23 are at my sister's in Carlisle. 24 Q Are they being used? 25 A No, they are not. 62 • • 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 What else is there? A Just the catering stuff of my mother's that Tammy had at the marital residence. Q Do you mean pots and pans? A No. My mom has chafing dishes and serving trays. Q taken? A other half. You have bath towels and wash clothes you've I've taken half of that. She has taken the Q You would agree with me in the photos that were presented today there doesn't appear to be any towels or wash clothes in any of the bathrooms; is that correct? A They do not show them in those pictures, no, they don't. Q You took the vacuum and the brooms from the house; is that correct? A I have taken the vacuum. I haven't taken the brooms. Q You also took the Christmas, Halloween, Thanksgiving decorations; is that correct? A No. I have taken the Christmas decorations. 0 Just the Christmas decorations. Artwork from the walls? A No. She had taken everything off the walls. 63 • • 1 I have found some old pictures that Rachel had drawn that 2 I've put on the refrigerator. The next day when I came home 3 those were gone too. 4 Q This hard drive you see on the floor here, is 5 that the hard drive from your house? 6 A It appears that it is. 7 Q Was that kept in the basement? 8 A Yes, it was. 9 (Whereupon, Plaintiff's Exhibit No. 3 was 10 marked for identification.) 11 MS. SPEARS: I'm going to have to object on a 12 couple of grounds. First, relevance. Second, the dates on 13 these generally appear to be after separation when it was 14 testified that she removed the hard drive herself from the 15 home. 16 MS. BOYLE: No. Actually these are all dated 17 prior to separation. Counsel has misread the date. These 18 are actually from 2005. We went back on the hard drive 19 about a year prior to separation and took a look at what it 20 was used for. There was almost all pornography. Very 21 extensive, very young children, some of whom appear well 22 under 18. We have the images here to produce for the Court 23 today. We're very concerned about the atmosphere in the 24 house and the use of that computer while the children or my 25 client are present. 64 • • 1 What's been going on in the house is crucial 2 to determine exclusive possession. This is the atmosphere 3 in the house the year leading up to separation, and this is 4 the atmosphere we expect would continue in the house 5 post-separation. 6 My client has testified that she is in 7 nothing but a temporary situation sharing a bedroom with her 8 children, and she needs a place to live. Mr. Junk's 9 contention is -- is that he continues to live there. This 10 is what she and the children would be subjected to if they 11 were to continue to reside in that house together. I think 12 it's crucial that the Court hear this type of testimony. 13 THE COURT: Ms. Spears, are you able to 14 stipulate that the parties are now incompatible and cannot 15 live with each other? 16 MS. SPEARS: I can't stipulate to that. I 17 know my client has offered if she would like to move back 18 in, that they could co-exist peacefully until something 19 could be determined. He's made that offer over and over 20 again. She choose to move, and we don't -- we can't say 21 why. 22 THE COURT: Okay. Then the objection is 23 overruled. 24 MS. BOYLE: Thank you, Your Honor. 25 BY MS. BOYLE: 65 • • 1 Q Mr. Junk, do you know what exhibit number -- 2 Plaintiff's Exhibit Number 3 is? 3 A It appears to be web sites. 4 Q Do you know that these are the web sites and 5 images that you accessed and downloaded for the period of 6 time April 2 5, 2005, to June 8, 2005, approximately a month 7 and a half? 8 A I have not downloaded any. 9 Q Is it your testimony that you have not 10 downloaded a ny of these under your user name; is that 11 correct? 12 A I may have downloaded some, but I have not 13 downloaded a lot of these. 14 Q You would agree with me though that on the 15 front page t here is Scott Junk. A. Scott Junk is the 16 identifying user name, correct? 17 A That is the identifying user name. 18 Q And if you went through here, it is your user 19 name that ap pears that was used to access all of these web 20 sites? 21 A It does not state that on all of these. 22 Q Who are you suggesting accessed these web 23 sites, if no t you? 24 A I do not know. 25 Q Somebody else accessed these sites with your 66 I user name? Is that your testimony? 2 A That is very possible. 3 Q So somebody had the forethought to start in 4 April 25, 2005, to access web sites in order to use against 5 you in a trial in August of 2006? Is that your testimony? 6 A I don't know why. 7 Q You don't recognize any of these website 8 names; is that correct? 9 A Correct. 10 MS. SPEARS: Your Honor, I'm going to object 11 to this. She's got pictures that she's showing that are 12 inflammatory, and we have no way to authenticate where these 13 are coming from. Her client could have print this out from 14 anywhere. 15 MS. BOYLE: No, Your Honor. 16 MS. SPEARS: This is prejudicial and 17 inflammatory, and there's no way to authenticate this. 18 MS. BOYLE: Yes, there is, Your Honor. My 19 client -- I have established the chain of custody of the 20 hard drive. It's also been identified by Mr. Junk. The 21 hard drive was delivered to my office, whereupon I delivered 22 it to Mr. Bouchette, who's in the gallery today to testify 23 as our computer expert that he has downloaded all of this 24 information using Mr. Junk's user name, as well as these 25 photographs depicting what is evidently young boys and young 67 • • 1 girls. 2 If Mr. Junk doesn't admit to any of it, I am 3 prepared to submit Mr. Bouchette to testify. Apparently 4 what occurs, Your Honor -- 5 THE COURT: No. You're starting to testify. 6 You can have them marked and show them to this witness and 7 ask if he recogniz es them, but if he doesn't, you'll have to 8 have somebody else authenticate them. 9 MS. BOYLE: Yes, sir. 10 (Wh ereupon, Plaintiff's Exhibit No. 4 was 11 marked for identif ication.) 12 BY MS. BOYLE: 13 Q Mr. Junk, I'm showing you Plaintiff's Exhibit 14 Number 4. Do you recognize those images? 15 A No, I do not. 16 Q So it is your testimony that you did not 17 download these ima ges on your family computer? 18 A No, I did not. 19 Q Mr. Junk, did you ever access a website 20 called Chickentraf fic.c,om? 21 A No. 22 Q Do you have any explanation why such a thing 23 would appear under your user name? 24 A No, I do not. 25 MS. SPEARS: I have the same objection, Your 68 • • 1 Honor. 2 THE COURT: Get the item marked. 3 (Whereupon, Plaintiff's Exhibit No. 5 was 4 marked for identification.) 5 BY MS. BOYLE: 6 Q I'm showing you Plaintiff's Exhibit Number 5. 7 THE COURT: The objection is overruled. 8 MS. BOYLE: Thank you, Your Honor. 9 BY MR. BOYLE: 10 Q I'm showing you what's been marked 11 Plaintiff's Exhibit Number 5. Do you have any idea what 12 that is, Mr. Junk? 13 A No, I do not. 14 Q So you don't know that it is the web page 15 from a site t hat is looking to increase traffic to adult 16 pornographic web sites? 17 A No. 18 Q Have you ever heard of such a website? 19 A No, I have not. 20 Q Do you have any desire to start your own 21 website, Mr. Junk? 22 A No, I do not. 23 Q You have also placed personal ads on the 24 internet; is that true? 25 A No, I have not. 69 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 Q Are you stating that you don't currently have a website that's on a dating service called true.com? A I have a free trial on there, but I have no web page on there. Q And have you placed personal ads prior to the timeframe you placed the one on true.com? A No, I haven't. Q Do you currently have a girlfriend? A No, I do not. Q Have you chatted on line with any girlfriends? A No, I do not. Q Have you chatted on line with anyone in either Nebraska or North Carolina? A No. MS. BOYLE: I have nothing further, Your Honor. THE COURT: Okay. Ms. Spears. MS. SPEARS: I would keep Mr. Junk on direct, if that's okay. THE COURT: All right. You may step down for the moment, and we'll take a short recess. (Whereupon, a recess was taken at 10:50 a.m. and court resumed at 11:01 a.m.) AFTER RECESS 70 I THE COURT: Ms. Boyle, do you have another 2 witness to call ? 3 MS. BOYLE: Yes, Your Honor. I would call 4 Rick Bouchette. 5 Whereupon, 6 RICHARD J. BOUCHETTE, II 7 having been duly sworn, testified as follows: 8 DIRECT EXAMINATION 9 BY MS. BOYLE: 10 Q Mr. Bouchette, would you state your full name 11 and your address, please? 12 A Richard J. Bouchette, II. 43 Nut Grove Road, 13 Pine Grove, Pen nsylvania. 14 Q And do you own your own business? 15 A Yes, I do. 16 Q What's the name of the business? 17 A Rick Bouchette Computer Consultants. 18 Q And what kind of business is that? 19 A Mainly installation service of business 20 equipment, ever ything from printers to wiring, P.C's, 21 networks. 22 Q You handle both commercial and residential? 23 A Yes. 24 Q And how long have you had this business? 25 A Sixteen years. 71 0 0 I Q And you have been in the computer business 2 for that long or more total? 3 A Longer than that. I have been full-time 4 where I wasn't working for anyone else for 9 years. 5 Q And 16 years is total, how long you have been 6 in the computer business? 7 A That I've been working with computers, yes. g Q Your educational background is also in 9 computers? 10 A Yes, it is. 11 Q Where did you attend school or what 12 institution? 13 A The Lebanon County Career Vocational 14 Technical School. 15 MS. SPEARS: I didn't hear that. 16 THE WITNESS: I'm sorry? 17 MS. SPEARS: Repeat your answer, please. 18 THE WITNESS: The Lebanon County Vocational 19 Technical School. 20 BY MS. BOYLE: 21 Q And what type of degree did you receive? 22 A It was just -- the actual class I went for 23 was programming. I have taken other courses for networking 24 and things like that. 25 (Whereupon, Plaintiff's Exhibit No. 6 was 72 • • 1 marked for identification.) 2 BY MS. BOYLE: 3 Q I'm showing you what's been marked 4 Plaintiff's Exhibit Number 6. Can you explain to the Court 5 what that is, please? 6 A This is my brochure I hand out to perspective 7 clients and current clients. Basically it lets them know 8 what I do in my business, how long I've been in business. 9 There's letters of recommendation from the Whitaker Center 10 for Science and the Arts in Harrisburg, along with client 11 references, a couple of law firms I do work for, CPA firms. 12 Q Now, if you can turn to the second page, 13 there's a list of services. Can you explain some of those 14 to the Court, please? 15 A The system design and recommendations, that 16 is when I come into a client, I want them to know what they 17 should be looking at as far as hardware, software, wiring, 18 and things like that. New system installation is actually 19 installing the systems. System upgrades, from memory to 20 hard drives to whatever the need be. P.C. sales and 21 technical support. I support many law firms, United Way, 22 the State Labor Union, The Capital Area Transit. I do 23 training in Microsoft Office Suite, Windows, server 24 products. I also do repair and maintenance in both P.C.s 25 and laser printers. I do wiring for new installations in 73 0 0 I new buildings and custom database designs. 2 Q And the next page, the list of software, what 3 is that? 4 A Windows NT is a server product. Windows 2000 5 is a server and desktop product. 6 Q Let me just interrupt you, but these are all 7 of the software items with which you are familiar? 8 A With which I use on a regular basis, yes. 9 Q But there are also software systems outside 10 of these that you are also familiar with? 11 A Yes. 12 Q You just simply don't use them as often? 13 A These are the ones that most of my clients 14 deal with. Th at's why I list them. 15 Q Okay. And the next page are the testimonials 16 that you had r eferred to earlier concerning recommendations 17 from your curr ent employers? 18 A Yes. 19 Q And you have been working with the Whitaker 20 Center now for 6 years? 21 A Ten years. 22 Q Or excuse me, 10 years. And you're their 23 sole computer consultant? 24 A Actually they have gone in-house now. They 25 got to the poi nt where they needed someone full-time. So I 74 • • 1 just do anything that their current full-time staff cannot 2 handle. 3 Q But you were able to assist them in growth to 4 get to that point? 5 A I brought them from three work stations all 6 the way up to the current installation in Harrisburg. 7 Q And are you familiar with the methods of 8 retrieving history from a hard drive and so forth to 9 indicate the uses under somebody's user name? 10 A Yes. 11 Q And you have done that previously? 12 A I have done it for clients mainly when 13 employees leave to go back and document time spent on the 14 job hours. 15 Q And you were engaged to do that in this 16 matter? 17 A Yes. 18 Q And you retrieved this -- is this the 19 particular hard drive that you worked with? 20 A Yes, it is. 21 Q And you retrieved that from my office? 22 A Yes, I did. 23 Q What was it that you were asked to do? 24 A I was asked to check to see if there was 25 anything on there. I was asked not only to check Scott's 75 • • 1 user name, but also his wife's user name just to make sure 2 that it wasn't one versus the other using or on sites that 3 they should not be on, and I checked both of those 4 thoroughly to see what was listed and what wasn't on it. 5 Q And when you looked at Mrs. Junk's user name, 6 was there any pornography? 7 A There was none whatsoever. 8 Q And what was mostly her use of the computer 9 for? 10 A Most of the things I saw were internet 11 banking. 12 Q And when you looked at Mr. Junk's history, 13 what did you retrieve? 14 A Ninety-five percent of what I retrieved was 15 pornographic material, both links and pictures. 16 Q Now, what timeframe did you look at? 17 A I started out with the earliest, which looks 18 like when the computer was purchased back -- I think it was 19 April of last year, and I spent about two hours going 20 through the first month and a half because there was so much 21 data there, and very little of it was not pornographic. 22 Q Would you look at Plaintiff's Exhibit Number 23 3 up there, please? It's the thick document. 24 A Yes. 25 Q And what is that document? 76 • • 1 A These are the printouts of what I made of the 2 sites that were listed under Mr. Junk's. 3 Q And you would agree with me that this was for 4 the time period April 25, 2005, through June 8, 2005? Do I 5 have that correct? 6 A Yes. 7 Q Now, did you hear Mr. Junk's testimony 8 concerning this document? 9 A Yes, I did. 10 Q Is it possible for somebody to enter the 11 computer and alter the dates so that it appears to be 2005 12 when the date is actually 2006? 13 A No. Only if someone went in back in 2005 and 14 was actually looking at these. 15 Q Now, how is it that you're able to retrieve 16 the history under Mr. Junk's user name? 17 A None of the temporary files were deleted. 18 The history was clear, but none of the temporary internet 19 files were deleted, including pictures, cookies, and website 20 addresses. 21 Q What's a cookie? 22 A A cookie is when you go on certain sites, 23 they put a file on your hard drive to basically let them 24 know when you come back or to track where you've been on the 25 internet so that they know the next time you come back what 77 • • 1 you've looked at in the past and what you may look at in the 2 future. 3 Q Now, in reviewing the web sites just in this 4 first month and a half that you considered, they were 5 pornographic in nature, correct? 6 A Absolutely. 7 Q And then what were the timeframes generally 8 that you not iced Mr. Junk was on the computer? 9 A Most of the times I saw were anywhere from 10 4 -- 11 MS. SPEARS: I object to the form of the 12 question. 13 THE COURT: I'm sorry? 14 MS. SPEARS: I'm objecting to the form of the 15 question. 16 THE COURT: What's wrong with the form? 17 MS. SPEARS: She's saying -- she's leading 18 and saying that Mr. Junk was looking at this. We have no 19 way to prove that. I don't think this witness can prove 20 that it was actually Mr. Junk on the computer. 21 THE COURT: All right. What was your 22 question? 23 MS. BOYLE: I can backtrack a little bit, 24 Your Honor. I don't recall exactly what it was. 25 THE COURT: All right. 78 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 BY MS. BOYLE: Q Mr. Bouchette, these were the web sites that you retrieved under the A. Scott Junk user name; is that correct? A Correct. Q And when you looked at the actual sites that were accessed, generally what time would they be accessed and for what extent? What period of time? A Most of the things that I found were anywhere from 4:30 in the afternoon until 9:00 at night. Q So extensive periods of time? A Yes. Q And did you find that these sites also included teen web sites? A Yes. Q Young girls? A Yes. Q Were they repeatedly visited, these teen web sites? A Yes. Q Were there also hardcore images reviewed? A Yes, there were. Q Involving violence? A It depends what you call violence. I would say yes. 79 • • 1 (Whereupon, Plaintiff's Exhibit No. 7 was 2 marked for ide ntification.) 3 BY MS. BOYLE: 4 Q Mr. Bouchette, I'm showing you Plaintiff's 5 Exhibit Number 7. Can you identify that document, please? 6 A This was the end of the list of cookies and 7 sites that wer e visited from the remainder of the 8 information I pulled from the hard drive. 9 Q And some of this is information from May 27, 10 2006; is that correct? 11 A Yes. Correct. 12 Q And that's the Memorial Day weekend of 2006? 13 A Yes. 14 Q And the web sites you retrieved at that time 15 were also porn ographic in nature? 16 A Yes. 17 Q Also including teenage pictures and hardcore 18 sites, as you indicated previously? 19 A Correct. 20 Q Did you also retrieve some of the images that 21 appeared under Mr. Junk's user name? 22 A Yes, I did. 23 Q Would you refer to the photographs that are 24 up there, plea se? I don't recall what Plaintiff's Exhibit 25 that is. 80 • • 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 Four. Q Plaintiff's Exhibit Number 4. Were these the images that -- some of the images that you retrieved from the computer? A Some of them, yes. Q And one of the photos, you would agree with me, appears that a very young girl is passed out? A Yes. Q Another image is a very young girl dressed up in lingerie with a gentleman kneeling in front of her? A Correct. Q And the other photo appears that it could possibly be a young boy sitting on top -- nude, sitting on top of a nude older man? A Correct. Q And there were images other than this? A There were approximately 5,000 images on that hard drive. I printed out some of the more disturbing images. Q You heard Mr. Junk testify that he never accessed a website called chickentraffic.com. Was he correct in stating that? A It was in the log. Q And when you log on there -- and I believe there is an exhibit up there as well. I apologize. I don't 81 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 recall that number either. A Number 5. Q Number 5. Now, what is this? Is this a print-off of a website? A This is the website that I found links to in his cookie list. Q And what is this website? A From the looks of it, it is a website to basically push traffic to pornographic material -- sites that contain pornographic material. Q So you can't view pornographic images from this particular website? A From what I saw on this website, it is just to guests. They basically sell or help pornographic sites get hits from people so that more people will hit their sites. Q Okay. THE COURT: Ms. Spears, I think somebody would like to give you a note. BY MS. BOYLE: Q Now, did you have an occasion to review the material between June 8, 2005, through May 27, 2006? A Yes, I did. Q And did that also include pornographic images on web sites as you have already testified? 82 • • 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 There was pornographic material up until November of last year, and then there was no usage from November through -- I think it was May. Q Of 2006? A Of 2006. November -- there was no traffic whatsoever from November of '05. Q In November of 2005, did you find evidence that Mr. Junk had been looking at properties outside of this area to purchase? A Yes, I did. Q And where did he look to purchase? A I think it was Nebraska -- or no. That was tickets that were purchased. I had them printed out. I'm sorry, I don't -- Q Did he purchase Amtrak tickets for a trip -- A There were -- THE COURT: You are both talking at once again. Ask the question again. THE WITNESS: Sorry. BY MS. BOYLE: Q Were there Amtrak tickets purchased by -- under Mr. Junk's user name in November of 2005? A Yes, there were. Q Do you recall to what area? A I'm pretty sure that was to Nebraska. 83 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 Q And what about a rental vehicle? A That was in the same location. Q And he was looking for jobs outside of the area using the internet? A Yes. Q Did you also find evidence that Mr. Junk had accessed personal -- MS. SPEARS: Your Honor, all of these questions are leading. I'm going to have to object. THE COURT: They are leading questions. The objection is sustained. MS. BOYLE: I have nothing further for this witness, Your Honor. THE COURT: All right. Ms. Spears. CROSS EXAMINATION BY MS. SPEARS: Q Mr. Bouchette, was there any password required for getting onto the A. Scott Junk user name? A There was no password required to engage that user name. Q So do you have any way to tell who actually was logging onto A. Scott Junk user name? A All I know is there are user names on the system, one for each person in the household. Q And you stated in Plaintiff's Exhibit 7 there 84 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 were numerous web sites that were, I guess, looked at on May 27th of 2006? A Correct. Q Do you know who had possession of the computer at that time? A I do not. I only received the computer a week ago. Q And you testified there was no activity of any pornographic nature from November of 2005 until May of 2006? A There was no activity at all, pornographic or otherwise. Q Under either of the user -- any of the user names? A No, ma'am. Q Did you state you have a degree in computer science? A No, I do not. Q And your main work involves installation and sales of computers; is that true? A And support. MS. SPEARS: No further questions. THE COURT: Ms. Boyle. MS. BOYLE: I have nothing else, Your Honor. THE COURT: All right. You may step down. 85 • • 1 Thank you. May this witness be excused? 2 MS. BOYLE: I have no objection to that, Your 3 Honor. 4 THE COURT: Ms. Spears? 5 MS. SPEARS: No objection. 6 THE COURT: All right. You may stay or leave 7 as you choose. Thank you. Now, Ms. Boyle. 8 MS. BOYLE: Could I just have a moment to 9 consult with my client? 10 THE COURT: Certainly. 11 MS. BOYLE: Thank you. 12 THE COURT: Mr. Hursen, would you check to 13 see if our next hearing is ready? 14 MS. BOYLE: Your Honor, I have no further 15 witnesses. I would move for the admission of my exhibits at 16 this point. 17 THE COURT: All right. Ms. Spears. 18 MS. SPEARS: Your Honor, I would again raise 19 an objection to -- I'm sorry. I'm just looking for which 20 number is which. Plaintiff's Exhibits 3, 4, 5, and I 21 believe 7. Was 6 the resume or the brochure? 22 MS. BOYLE: Six was the brochure. 23 MS. SPEARS: 3, 4, 5, and 7 I object to again 24 because I don't believe there's any basis to -- I believe, 25 for one, that these are prejudicial and inflammatory, and I 86 • • 1 don't believe that they have proven that there is any way to 2 link Mr. Junk other than a user name which requires no 3 password. We haven't heard from Mr. Junk on these matters. 4 We still have testimony to admit, and I would object to all 5 of those exhib its. 6 THE COURT: All right. The Plaintiff's 7 Exhibits 1, 2, 3, 4, 5, 6, and 7 are admitted. 8 (Whereupon, Plaintiff's Exhibits 1, 2, 3, 4, 9 5, 6, and 7 we re admitted into evidence.) 10 MS. BOYLE: Thank you. 11 THE COURT: Ms. Spears. 12 MS. SPEARS: Your Honor, at this time would 13 you like me to call a witness? 14 THE COURT: All right. 15 MS. SPEARS: I call Mr. Scott Junk. 16 Whereupon, 17 ANDREW SCOTT JUNK 18 having been duly sworn, testified as follows: 19 DIRECT EXAMINATION 20 BY MS. SPEARS: 21 Q Mr. Junk, going back to Mother's Day 22 weekend -- 23 THE COURT: We need to have you state your 24 full name and address. 25 THE WITNESS: Andrew Scott Junk, 155 Beetem 87 • • 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 Hollow Road, Newville. THE COURT: Thank you. Go ahead. BY MS. SPEARS: Q Mr. Junk, going back to Mother's Day weekend in May of 2006. Can you describe what happened in your household? A I got up in the morning early. I took the kids shopping for Mother's Day. I told Rachel that I was going to leave early on Mother's Day morning, but we kept the presents hidden from Tammy so she didn't see them the night before, and I informed Rachel that I would put them on the kitchen island, and that Rachel could give them to her whenever her and Zack got awake. I got up and I got ready to leave, and I started putting those items and a note stating that I was going to let Tammy alone for the day, that I was just going to leave the house, that way she could have a good day with her and the kids. Tammy got up. She started yelling about me having her cell phone, when I didn't, and she found it on the couch where she was sleeping. I had left. I had come home about 7:30, 8:00-ish to find out that she had moved most of the kids' belongings, most of the children's toys, a lot of the expensive furniture in the house, and her and the children had left and moved in with Rick and Carol. 88 1 Q What kind of items? If you could elaborate a 2 little bi t more, what kind of items were missing from the 3 home that night when you came home? 4 A She had taken our bedroom suit. She had 5 taken sev eral dressers. We had several different sets. She 6 left one that I had at the beginning of the marriage. She 7 had taken several dressers, the two chairs out of the living 8 room, her television, the night stand that her television 9 was on. 10 Like I said, the children's beds, desks, 11 dressers, a lot of their clothing. The clothing she left 12 was the w inter clothing. She took all of the summer 13 clothing. She took the hutch, the China cabinet. We have a 14 big oval mirror. She had taken that. She had taken the 15 printer, the computer, several of the desks that were in the 16 basement. 17 Q Did she leave behind toys for the children? 18 A The only toys she had left were the baby 19 stuff from when they were babies. 20 Q Did she leave behind the bed for you to sleep 21 on? 22 A No, she did not. 23 Q Was there anywhere for the children to sleep? 24 A No, there was not. 25 Q You heard Mrs. Junk testify that you had 89 1 removed some items to -- she presumes to either one of your 2 sister's houses . Can you explain if that is true, and, if 3 so, why? 4 A I had moved my mother's catering stuff. I 5 didn't want any thing to happen to that stuff. And then 6 after she had l eft the house, I was advised to take what I 7 could then beca use she was going to come back and get the 8 rest. 9 Q Have you moved out of the marital residence 10 since May 14th, 2006, with an intent to leave? 11 A No, I never have. 12 Q Do you keep your clothing at the house? 13 A Yes, I do. 14 Q Do you have towels at the house? 15 A Yes, I do. 16 Q Do you keep food at the house? 17 A Yes, I do. 18 Q Can you explain why in the pictures that your 19 wife presented the cupboards looked bare? 20 A No, I cannot. Now granted the cupboards were 21 not as full as when there was an entire family living there. 22 I'm only one person, but there was food, and still is food 23 in the house. 24 Q And where do you sleep? 25 A I sleep on the air mattress in the master 90 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 C, bedroom. • Q You had an opportunity to review the pictures presented by your wife today? A Yes, I have. Q Did you see an air mattress in any of those pictures? A No, I did not. Q Do you know why it was missing from the pictures? A Several times -- it was before I put the lock on the master bedroom door -- my dresser, my clothing, the air mattress, and all of my toiletries, my toothbrush and shaving cream, razer, had been moved to the basement. Q At what point did you borrow furniture? A I believe it was the second week after she had left, and I knew I was going to have the children overnight, and I needed a place for them to sleep. MS. BOYLE: Your Honor, the witness seems to be referring to his notes again. If we could have some kind of set up of that and I can review the notes as well, please. THE COURT: Ms. Spears. MS. SPEARS: Your Honor, he's allowed to have something to refresh his recollection, and as he stated they're just notes that he's taken. 91 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 THE COURT: If he is going to refresh his recollection then Ms. Boyle needs to know it so please don't look at your notes until you feel you can't answer a question without refreshing your recollection, and then let us know that you're going to be asking to look at your notes and we'll make a ruling on it. THE WITNESS: Okay. MS. SPEARS: Thank you, Your Honor. BY MS. SPEARS: Q Can you explain what's been going on in the home since Mrs. Junk left? A Several times a week Tammy or someone that she knows has been coming into the house. They have removed the latch off of the sliding glass door and have been leaving doors opened or unlocked. They have even turned the heat on in the house. They seem to try to harass me at least one time a week, usually a little more than that. Q Have you noticed things in the house that have been missing or that have suddenly appeared? A Yes. There has been several things that have either reappeared or disappeared. Memorial Day weekend when Tammy decided to move back in, she moved a bunch of furniture back in. The couch and the table she brought up from the basement, we had those -- an extra couch and an extra table and chair set were in basement. She had moved 92 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 them to the upstairs floor and moved all of my belongings downstairs. She moved back in her China cabinet, her hutch, a big oval mirror. One of the chairs she had moved back in. She even set the kitchen table. The same night that she left, she had taken a China cabinet, the chair -- may I look to refresh my memory? THE COURT: Ms. Boyle, do you have any objection? MS. BOYLE: I would just like to see the notes, Your Honor. THE COURT: All right. You may look at them while he's looking at them. MS. BOYLE: That would be fine, if it's okay with you. THE WITNESS: And then Tammy, Carol, and Stephanie Donnelly, Tammy's one friend, were in the house until midnight. THE COURT: Have you refreshed your memory with your notes? THE WITNESS: A little bit. THE COURT: All right. I think, Ms. Boyle, then you have seen what he was looking at. You may go back to your seat, and you can continue. MS. BOYLE: Thank you, sir. 93 • • 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 BY MS. SPEARS: Q How often would you say the doors are left opened or unlocked? A A minimum of once a week, and she has yet to replace the latch on the siding glass door. Q To the best of your knowledge, does anyone in your family or your friends have any keys to the marital residence? A Nobody -- none of my friends or none of my family have a key. When Tammy left -- I had one key prior, and when she left she took the little basket of keys that we had for the house. Q Since Mrs. Junk left the marital residence, have you ever lived at either your sister's house in Carlisle or your sister's house in Harrisburg? A I have not lived at either of their houses, no. The first week that Tammy left, my sister was in Florida and I house-sitted the first week for her, but that was already an arranged agreement Tammy actually knew about. Q What is your reason for storing furniture and personal items at either of your sister's homes? A To protect it. To keep it safe. I had no other place to go with it. I figured if I left -- had anything left at the house, she would come back and end up with it. 94 • 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 Do you remember on Memorial weekend what time it was that you came home for the kids? A Which day? The day Tammy was there? Q Yes. A Sunday? We went to the Arts Festival, the children and myself and my one sister. The children and I had gotten back home around 9:30, 10:00. It wasn't any later than 10, but I think it was around 9:30, 9:45-ish. Q And what happened then? A Tammy and Carol and Stephanie were in the house rearranging furniture and doing what they were doing. I brought the children in. The children both said goodnight to Tammy. I put them back in the bunk bed. I told Tammy that the children were happy to see her back, and then I went and got in the shower. When I had gotten in the shower and gotten back out, that's when they had moved a bunch of furniture back out of the house. I went and laid down in the bedroom, and they were out there talking and carrying on until about midnight when they left. Q Do you recall where you were and what you were doing the day before, on May 27th, 2006? A May I look at my notes? THE COURT: You may look at your notes, and, Ms. Boyle, if you want to see what he's referring to, you 95 • • 1 may step forward. 2 THE WITNESS: Zachary, Rachel, and I had gone 3 to Rachel's soccer game, and after her soccer game we went 4 into Cathy's house and spent the day there. We had a picnic 5 at Cathy's house for Memorial Day weekend. 6 BY MS. SPEARS: 7 Q And Cathy is who? 8 A Cathy is my sister. 9 Q Is she -- 10 A She's the one that lives in Carlisle. 11 Q And do you recall how long you were at 12 Cathy's house? 13 A I would say until around 8:30, 9:00 at night. 14 Q Was there any time that afternoon that you 15 spent at the marital residence? 16 A Pardon me? I didn't hear you. 17 Q I asked you was there any time that afternoon 18 that you spent at the marital residence? 19 A No. 20 Q And just to clarify, you stated that Tammy 21 had taken the computer with her when she left on May 14th? 22 A Correct. She had taken -- we have two 23 computers. She had taken that one that is there beside her, 24 and she had taken the printer, and we have an old one that 25 does not work that she had left. 96 • • 1 Q Have you come home during the past summer 2 months since Mrs. Junk left to find any damage to the 3 marital residence? 4 A Yes. They had -- it looked like -- our home 5 is a modular home, and it looked like they had kicked the 6 master bedroom door after I put the lock on it and then 7 actually bent the door knob to it, and she has removed the 8 latch from the sliding glass door, and the front door looks 9 like somebody put a pry bar on the front door knob and 10 actually dented in the front door knob. 11 Q And why did you put a lock on the bedroom 12 door? 13 A I wanted to protect the stuff -- my clothing 14 from it disappearing. I got tired of having to bring it 15 back up from the basement. 16 Q Did you cancel the home phone? 17 A Yes, I did. 18 Q And when did you do that? 19 A Shortly after Tammy had left. I believe it 20 was that following Monday or Tuesday. 21 Q And what was the reason for doing that? 22 A I had a cell phone, Tammy has a cell phone, 23 and I wanted to save a little bit of money. There was no 24 need to pay for a house phone if it wasn't going to be used. 25 Q And did you pay any other bills at the 97 • • 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 marital residence since separation? A Yes, I paid the propane bill. Q You testified that you have your mail forwarded to your sister's in Carlisle. Can you explain why you have your mail forwarded? A For about two, three weeks before she left, I hadn't been receiving any of my mail at all, and I was afraid that she was going to keep all of the bills, and the ones that had my name on not pay, and my credit would then go bad. So I had switched my address over to my sister's to ensure that I receive my mail. Q Have you felt that you have lost privacy or been harassed in your own home? A Yes, I have lost just about all of my privacy. As you can tell by the pictures, it's a daily basis that they come into the home. Even this past weekend Tammy has taken my daughter's clothing out of the home, and then she had sent nothing to replace it. Q Mrs. Junk, I believe, testified she only took a pair of shorts. Is that your testimony? A Yes. She had taken a pair of shorts, but when she sent the children to me, she had sent nothing for them to wear at all other than this clothing, and to protect the clothing that I now am hiding for the children, I was going to send her back in this clothing. 98 0 0 1 Q After reviewing the pictures presented by 2 Mrs. Junk, w ould you testify that those are accurate 3 pictures of your home on a daily basis? 4 A They are not the way I come back to it. 5 Q What would be the difference? 6 A The beds are made. Rachel's bed would 7 actually be made and not have a bunch of stuff thrown on it. 8 In her pictu res you can see stuff thrown about. There's 9 nothing just thrown about in the house. 10 Q Did you make any effort to clean the house? 11 A Yes, I did. 12 Q Since she left? 13 A I have. Shortly after she left, I figured -- 14 and to keep my mind off of the situation that it would be a 15 good time to give the house a good spring cleaning, and I 16 had actually rented from Wal-Mart a Rug Doctor to clean the 17 rugs, and I went through all of the rooms and I cleaned up 18 the rugs rea lly good, just to have the following day the 19 cats back in the house, and they had peed again all over the 20 rugs -- the carpets. 21 Q Can you describe your home life prior to your 22 wife leaving the marital residence? 23 A Yeah. Tammy would be already out of bed 24 taking a sho wer getting ready for work. I would get up, get 25 myself ready for work. We both would take turns rising up 99 • • 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 the kids. I would go to work. I would come home. Normally I would make the supper and start cleaning up a little bit, and Tammy would either be downstairs on the computer or out walking with Carol. Q And Carol is her sister? A Carol is her sister. Q And that, in your opinion, was the typical day? A Yes. Q Prior to separation? A Yes. Prior to separation, that would be the typical day. Q So you're saying that Tammy was downstairs on the computer in the evenings? A Most of the time, yes. The majority of the time. Q And who was taking care of the children? A I usually was. Q When Tammy started working at Wal-Mart, what was her schedule? A She had worked Monday, Tuesday, Wednesday. She had Thursdays off because she cleans two other homes during the week, and she would clean those homes on Thursday, and on Friday she would work, Saturday she would work, and Sunday she would have off. 100 1 Q And so what is your testimony that the usual 2 arrangements were over the weekends? 3 A I would have the children on Saturdays, and 4 Tammy would have the children on Sundays, after March 4th. 5 Q Would you say in your opinion that the 6 pictures you saw of the home that your wife took accurately 7 show all of the home? 8 A No. She had nothing taken of the basement. 9 In a lot of her pictures you could only see part of the room 10 rather than everything that could be in it. 11 THE COURT: I need to interrupt at this 12 point. You may step down. Thank you. We will recess -- 13 actually adjourn at this point because we have run out of 14 time, and I will enter this order: 15 AND NOW, this 7th day of August, 2006, upon 16 consideration of Plaintiff's Petition for Exclusive 17 Possession [of the parties' marital residence at 155 Beetem 18 Hollow Road, Newville, Pennsylvania], and following an 19 initial half-day of hearing, and the hearing not yet being 20 completed, the record shall remain open, and a further 21 half-day of hearing is scheduled for Monday, November 30, 22 2006, at 9:30 a.m. 23 It is noted that at the time of adjournment 24 on today's date Plaintiff had completed her case-in-chief 25 and Defendant had commenced his case-in-chief and was being 101 • • 1 subjected to direct examination by his counsel. 2 It is further noted that at the time of 3 adjournment on today's date Plaintiff's Exhibits 1, 2, 3, 4, 4 5, 6, and 7 had been identified and admitted. No other 5 exhibits had been identified or admitted. 6 Both counsel have requested copies of the 7 transcript from today's proceeding. 8 (End of order.) 9 THE COURT: And if we get a cancellation 10 we'll fit you in earlier than that date in November, but 11 please keep calling my secretary to see if there has been a 12 cancellation so that she will be reminded that you do want 13 an earlier date than November. Court is adjourned. 14 (Whereupon, the proceedings adjourned at 15 11:50 a.m.) 16 17 18 19 20 21 22 23 24 25 102 • • CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause, and that this is a correct transcript of same. Z ?- Michele A. Eline / '- Official Court Reporter The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. ?,?o? 3? Look °? Date esley O e , J , J. 'nth Judi al District 103 TAMMY L. JUNK, Plaintiff V. ANDREW SCOTT JUNK, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2758 CIVIL TERM ORDER OF COURT AND NOW, this 27`h day of November, 2006, upon consideration of the attached letter from Jennifer L. Spears, Esq., attorney for Defendant, the hearings previously scheduled in the above matter for November 27, 2006, and December 11, 2006, are cancelled. ,,eatherine A. Boyle, Esq. 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 Attorney for Plaintiff , /dennifer L. Spears, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Defendant BY THE COURT, J esley Ole Jr., J. :rc VINTVAIAGM3d i `in)o ro ixJ Tt" t i 1aJ C 1.0I WV OZ AON 9001 AbViO«ry{??+u.'Hg1G' Cdr. :3HI dO 1,11/22/2006 04:35 717-243-1850 MDW & 0 PAGE 01/01 .MA.RTSON IDEARDORFF WILLIAMS & OTTO ATTORNEYS & COUNSELLORS AT LAw. . 0 INFORMATION • ADVICE • ADVOCACY wILLEAM F. MARTSON CARL C. Ram JOHN B. FOWLER III DAVIDA. Finsi moNs . DANIEL K. DEARDORFF CHRISTOPHER E. RICE 1O EAST HIGH STREET THOMAS J. WILLIAMS* .IF mint L. SPEARS CARLISLE, PENNSYLVANIA 17013 IVO V. 0170 III HILLARY A. DEAN TELEPHONE (717) 243-3341. GEORGE B. FALLER JR.* MICHAEL J. COLLINS FACSIMILE (7.17)243-1850 'AoARD CPXTIVIID OVIL TRIAL SPECIALIST INTERNET wwwsndwo.wrn November 22, 2006 Via Facsmile to 717-240,6462 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse Hanover and High Streets Carlisle, PA .170.13 RE: Tammy L. Junk v. Andrew Scott Junk Our File No, 1208 8.1. Dear Judge Oler: This letter is to inform you that,the parties mi the above-referenced case have reached an agreement with regard to all issues pertaining to their divorce and custody matters filed to Docket Number 06-2758. A comprehensive Marital Settlement Agreement will be filed on Monday, November 27, 2006. Therefore, please cancel the hearings scheduled in this matter on November 27, 2006 at 9:30 a.m. and December 11, 2006. Catherine A. Boyle, Esquire, attorney for Tammy L. Junk is in agreement with this request. Thank you for your attention to this matter. very truly yours, M DEARDORFF WIi UMS & OTTO J. 7ON pears JLSltde cc: Catherine A. Boyle, Esquire (via facsimile 236-2817) Mr. A. Scott Junk 1.1:1}l E ATAPILLnGanaaACmfrt%I 088:]jot _ IN F OR MAT ION ADVICE ADVOCACY 11/22/2006'' 13:41 7172362817 MEYERSDESFORSALTZGIV of -- ',/I s? MAIt1<TAL SETTLEMENT AGREEMENT PAGE 02/16 CI, 0zL'*-1?1z.Wt, THIS AGREEMENT made this?day of 2006 by and between Tammy Louise Junk (hereinafter referred to as "Wife" or "WifelMother") of Cumberland County, Pennsylvania and Andrew Scott Junk (hereinafter referred to as "Husband" or "Tiusband/Pather") of Cumberland County, Pemsylvania. WTTNESSETH: WHEREAS, Husband and Wife were lawfully married on October 10, 1992 in Cumberland County, Pennsylvania; and WHEREAS, two children have been conceived of this marriage; namely, Rachel Savanna Junk, born on November 16, 1997 and Zachary Scott Junk born on September 1, 2002; and WHEREAS, diverse differences wd difficulties have arisen between the parties respecting their interests, rights and title in and to certain property, real and/or personal, owned by or in possession of the said parties to either of them; and WHEREAS, Husband and Wife desire to settle and determine their rights and 11/22/2006 13:41 7172362817 MEYERSDESFORSALTZGIV PAGE 03/16 obligations and to amicably adjust, compromise and forever setttc alt property rights and all. rights in, to or against each other's property or estate of any kind or nature whatsoever, including property heretofore or subsequently acquired by either party and to settle all disputes existing between them, including any and all claims for Wifc's and/or Husband's rights to equitable distribution, maintenance and/or support, alimony, alimony pendente lite, counsel fees and costs; and WHEREAS, the parties acknowledge and agree that in entering into this Agreement, including foregoing waivers, they are each relying on truth and completeness in all material respects as to all information provided by the other party hereto regarding the assets of such person. NOW THEREFORE, in consideration of the mutual promises, covenants and agreement, hereinafter contained, each of the parties hereto intending to be legally bound hereby promises, covenants and agrees as follows: DIVORCE: The parties agree that their marriage is irretrievably broken and that they mutually consent to a divorce and agree and have executed al I necessary Affidavits of Consent and Waivers of Notice forms required by the court for the entry of a mutual consent divorce. Both Husband and Wife have directed their respective counsel to immediately file with the Court said Affidavits and Waivers and file the appropriate documents to request a Decree in Divorce from the bonds of matrimony under Section 2 11/22/2006 13:41 7172362817 MEYERSDESFORSALTZGIV PAGE 04/16 2. 3301(c) of the Divorce Code. FIT>[, , FORCE AND EFFECT: '1'liis Agreement shall continue in full force and 3 4. 5 effect until such time of final Decree in Divorce is entered. AG EE1V)<EN'T ')<' CONTINUE IN EVENT OF DIVO1EtCE: In the event that the marriage of the parties hereto is terminated by divorce, this Agreement shall nevertheless remain in full force and effect, and shall survive such decree and shall not in any way be affected thereby. MERF'ERENCE: Eacr. party stall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other., nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. WIFE'S DEBTS: Wife represents and warrants to Husband that since the date the divorce was filed, to wit, May 15, 2006, she has not and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason. of debts or obligations incurred by her- 3 11/22/2006 13:41 7172362617 MEYERSDESFORSALTZGIV PAGE 05/16 6. HUSBAN D'S DEB'T'S: Husband represents and warrants to Wife that since the divorce was filed, to wit, May 15, 2006, he has not and in the future he will, not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 7. DISCOVERY/FINANCIAL DISCLOSUBE: The parties agree and acknowledge that they have made full and fair disclosure of all of their assets and income to the other party. The panties acknowledge that they have both been given the opportunity to conduct discovery and investigation into all assets of both parties, whether separate or marital, prior to entry into this agreement. Both Husband and Wife acknowlcdge they have had full and fair disclosure to the other party of all assets prior to execution of this agreement. Furthermore, the parties acknowledge that they have both had full disclosure as to both parties income and financial. condition. MUTUAL RELEASES: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for hi.msel or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for termination of the matriage by divorce or annulment and except any or all causes of action for breach of any provisions of this Agreement. Husband and 4 11/22/2006 13:41 7172362817 MEYERSDESFORSALTZGIV PAGE 06/16 Wife specifically release and waive any and all rights he or she might have to raise claims under the Pennsylvania Divorce Code and all subsequent amendments, but not limited to claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. The fact that a party brings an action to enforce the property agreement as incorporated in the divorce decree, under the Pennsylvania Divorce Code and all subsequent amendments, does not give either party the right to raise other claims under the Divorce Code, specifically waived and released by this paragraph and all rights and obligations of the parties arising out of the marriage shall be determined by this Agreement. 9. RELEASE OF TESTAMENTARY CLAIMS: F_.xcept as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by Last Will and Testament or otherwise and each of them agree that the estate of the other, whether real., personal or mixed, shall be and belong to the person or persons who would become entitled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's Last Wills under the present or future laws of any jurisdiction whatsoever and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. 10. A REEMENT BINDING ON HEIRS: The parties acknowledge that except as provided for in this Agreement, each of the parties steal I have the right to dispose of their 11/22/2006 13:41 7172362817 MEYERSDESFORSALTZGIV PAGE 07/16 respective property by Last Will and Testaments and that each party waives the right to take under the Will of the other. This Agreement shall be hinding on. the respective heirs, executors, administrators and assigns of the parties tbercto. 11. ENTIRE AGREEMENT: This Agreement represents the entire agreement between the parties. There are no representations, promises, agreements, conditions, or warranties between the parties other. than those set forth herein. 12. LEGAL ADVICE/VOLUN -AR. EXECUTION: The provisions of this Agreement and their .Legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and has bad the benefit of counsel of Catherine A. Boyle, Esquire, as her attorney. The Husband has employed and has had the benefit of counsel of Jennifer L. Spears, Esquire, as his attorney. Each party acknowledges that they have received independent legal advice from counsel and that each party fully understands the facts and have been .fully informed of their legal rights and obligations, and each party acknowledges and accepts that this Agreement is. under the circumstances, fair and equitable, and that it is being entered .into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the current Pennsylvania Divorce Law, and his or her rights thereunder, each party hereto still desires 6 11/22/2006 13:41 7172362817 MEYERSDESFORSALTZGIV PAGE 68/16 to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties and waives their respective right to have the Court make any determination or order affecting the respective parties' right to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs and expenses. 13. DIVISION OF PERSONAL PROPERTY: The parties acknowledge that within ten (10) days of the execution of this Agreement, husband shall .return to Wife the following: a. Mixcr/blender b. Christmas items (the box contains ornaments, old and new, given to the children from my mother) C. Baby items (especially the bassinet., from Wife's family) d. Children's Birth Certificates e. Collection of salt and pepper shakers f. Special baby clothing that Wife was keeping for the children . g. Drawings that were drawn and given to Wife by het nephew and younger sister, before Husband and Wife were married lx. Wife's graduation pictures i. Steve Irwin puzzle/picture j. Sewing items k. Wife's items in the lock box 1. Items from the china closet that were Wtfe's family's antiques Wife shall return the following items to Husband within ten (10) days of the execution of this Agreement: a. Pictures of Husband's family b. 2 pearls he purchased before the marriage c. All Thomas the Wank engines (toy train set) Except as provided otherwise herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common. Should it become 7 11/22/2006 13:41 7172362817 MEYERSDESFORSALTZGIV PAGE 09/16 necessary, the parties each agree to sign any titles or documents necessary to give eff..eet to this paragraph. 14. EU TABLE DIS'IRJBUTION: a. Dis osi 'on of real roe : The parties acknowledge they jointly own the marital residence located at155 Beetem Hollow Road, Newville, Cumberland County, Pennsylvania. The residence is currently subject to a joint mortgage. The parties agree that upon execution of this.Agreci-rent said residence shall become the sole and exclusive property of Wife subject to no further claim by Husband. The parties agree that Husband will vacate the marital residence no later than December 31, 2006. Up to an including December 31, 2006, Husband shall be solely -.responsible for payment of the mortg=age and will indemnify and save harmless Wife from same. Husband will also be responsible for any and all expenses incurred by him, including but not limited to . utilities and real. estate taxes until December 31, 2006, except as otherwise provided herein. At the time Husband vacates the marital residence, but no later than December 31, 2006, Husband shall execute a Deed transferring the property.from joint names into Wife's name alone, which will be held in escrow by Wife's counsel. Simultaneous with Husband's execution of said Deed, and providing Husband maintained the residence prior to his leaving same and is current on any expenses owed by him., Wife shall pay to ffutiband $8,000.00 as his consideration and interest in. the marital residence. Commencing January 1, 2007, Wife shall take 8 11/22/2006 13:41 7172362817 i MEYERSDESFORSALTZGIV PAGE 10/16 exclusive possession of said residence. Upon repayment and satisfaction of the Joint mortgage, Wife will record the Deed being held in escrow by her counsel. Commencing January 1, 2007, Wife agrees that she alone shall be responsible for the current mortgage and Wife shall indemnify and save harmless Husband form any and all claims or demands made against the property or under the mortgage or related loan documents. ii. Wife agrees to be responsible for any and all 2006 school taxes due on the residence and all school taxes due thereafter. iii. Wife agrees that she alone shall be responsible for payment of any and all debts which may affect said property, whether past, present, or future, including, but not limited to, claims or judgments by Ricky and Carol Burkholder as set forth in Docket No. 06-3122 of the Court of Common Pleas of Cumberland County, Pennsylvania, and filed on Tune 1, 2006, except as provide otherwise herein. Wife shall indemnify and save harmless Husband from any and all. claims or demands made against said debt. b. Automobiles: Wife shall keep the 1995 Ford Explorer automobile as her sole and exclusive possession, free of any claim or demand by Husband. Husband shall keep the 2000 Ford Ranger automobile as his sole and exclusive possession, free and clear of any and all claim or demand by Wife. The parties acknowledge that there is currently a lien against said vehicle titled in joint names. Husband agrees to indemnify and save harmless Wife from any and all 9 11/22/2006 13:41 7172362817 MEYERSDESFORSALTZGIV PAGE 11/16 claims or demands made against said lien. The parties acknowledge that Husband is past due on the payment of said lien. Upon execution of the Agreement, Husband shall make payment so as to bring said lien current. Husband also agrees to refinance said lien into his name alone within c. d.. thirty (30) days of the execution of this Agreement and provide documentation of same to Wi..fe. In the event that Husband does not refinance said lien in compliance with this provision, the vehicle will immediately be sold and Husband shall be .responsible for any and all casts, fees, expenses associated with same and/or, any shortfall in the repayment of said lien, and will indemnify Wife and hold .her harmless from same. The parties agree to execute any and all documentation necessary to give effect to this provision. Student loan: The parties acknowledge that Husband owes a student loan in the amount of approximately $16,000.00 titled in his name alone for the pursuit of his education. Husband shall be solely responsible for payment of said student loan and shall indemnify and save harmless Wife fro3n and any all claims made agai.m„St said student loan. Credit cards: The parties acknowledge that there is a Visa credit card debt in the amount of approximately $8,000.0(). Wife shall be solely responsible for payment of said credit card anal shall indemnify and save harmless Husband from any and all claims made against said credit card. 15. CHILD SUPPORT: The parties acknowledge that an Interim. Order of support was 10 11/22/2006 13:41 7172362817 MEYERSDESFORSALTZGIV PAGE 12/16 effective September 27, 2006. The parties also acknowledge that Husband appealed said order and a de n.ovo hearing is scheduled for November 30, 2006. The parties hereby agree to make the Interim Order a final Order and Husband shall withdraw his request for a de novo hearing and the hearing on November 30, 2006 shall be cancelled. Wife is in agreement to cancel said hearing and shall cooperate to the extent necessary to carry out the terms of this provision. 16. CUSTODY.. The parties acknowledge that a Temporary Order of Court regarding custody was entered on August 7, 2006. A hearing on custody is scheduled.for December 11, 2006. The parties have agreed to the following: a. The Temporary Order of. Court dated August 7, 2006 shall become a final Order of Court provided that Husband/Fathcr obtains a residence in the Big Spring School District, where the children presently attend school. The parties agree that it is in the children's best interest to attend school in the Big Spring School District and that the children should remain in said school district. Husband/Father shall obtain a residence in the Big Spring School District by no later than February l., 2007, and provide documentation of same to Wife. In the event that Husband/Father does not obtain such residence, the custody arrangement shall change to Wife/Mother having primary physical custody subject to periods of partial custody in Husband/Father every other weekend until such time as he obtains a residence in the Big Spring, School District, whereupon custody will revert to a shared week to week schedule. Husband/Fathet shall also MEYERSDESFORSALTZGIV PAGE 13/16 11/22/2696 13:41 7172362817 be responsible for any and all transportation of the children to exercise his periods of partial custody. In the event Husban.d/Fathcr's custody is changed to partial custody, Husband/Father shall be responsible for any and all transportation of the children. b. Holidays i. Thanksgiving: The Thanksgiving holiday will be split and alternated between the parties as follows: Segment "A" will be from 9:00 a.m. until 3:00 p.m. on Thanksgiving Day and Segment "B" shall be from 3:00 p.m. until. 9:00 p.m. Thanksgiving Day. Wife/.Mother shall have segment "A" in even years and segment "B" in odd years. Idusband/Father shall have segment "A" in odd years and segment "B" in even years. Accordingly, Wife/Mother has segment "A" for the Thanksgiving holiday this year. ii. Mother's Day and Father's Day: Mother's Day shall be spent with Wife/Mother and Father's Day shall be spent with Husband/Father regardless of the weekend schedule. These respective holiday periods shall run from 9:00 a.m. through 9:00 P.M. iii. Christmas .Hofidays: The Christmas holiday shall be split and alternated between the parties as follows: Segment "A" Shall be noon on Christmas Eve until noon Christmas Day and Segment "'B" shall be from noon on Christmas Day through noon on December 26th. Wife/Mother shall have segment "A" in even years and segment "B" in odd years. Husband/Father shall have segment'"A" in odd years and segment "B" in even years. 12 11/22/2006 13:41 7172362817 MEYERSDESFORSALTZGIV PAGE 14/16 Wife/Mother shall have segment "A" this year and Husband/Father shall have seg ent "B" this year. iv. New Year's Da v. Easter. Memorial Day. Fourth of July and Labor Day holidays: The parties shall alternate these holidays every year, Wi_fe/Mothcr shall have New Year's Day in 2007 and the holidays shall alternate thereafter. The holiday periods shall run, from 9:00 a.m. until 9:00 P.M. V. The parties agree that the holiday schedule shall take precedence over the regular schedule. C. The parties agree that if the custodial parent is unavailable for a period in excess of ten (10) hours, the non-custodial parent is to be offered the right of first refusal of custody of the children. This provision is not intended to interfere with the children's ability to spend time with extended family. I All other provisions of the Temporary Order of Court dated August 7, 2006, shall remain in full force and effect. C. The hearing scheduled for December 11, 2006 shat l he cancelled. 1.7. WAIVER OF RIGHT TO ALIMONY, ALIMONY PENDENTE LITE SPOUSAL SUPPORT. COUNSEL FEES, C STS AND F,XPENSE S: The parties hereby acknowledge that they each waive their right to request alimony, alimony pcndente lite, spousal support, counsel fees, costs and expenses from the other unless otherwise provided for in this Agreement. 13 11/22/2006 13:41 7172362817 MEYERSDESFORSALTZGIV PAGE 15/16 18. RREAC : If either party bre4ches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be mailable to him or her., and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agrcerne' t. 1.9. a. Each of the parties shall.' from time to time, at the .request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. b. This Agreement shall be'incorporated into a Divorcc Decree but not merged therein. 20. MODIETC TION AND WAI?ER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same orl sim.i.lar nature. 21- DESCRIPTIVE 1EiiEADUNGS: The descriptive headings used herein are for 14 11/22/2006 13:41 7172362817 MEYERSDESFORSALTZGIV PAGE 16/16 convenience only. They shall have .no erect whatsoever in determining the rights or obligations of the parties. 22. VOID CLAUSES: I any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. 23. EXECUTION DATE: The execution date shall be defiiaed as the date both parties have signed this Agreement. In' the event that the parties do not sign this Agreement at the same time, the execution date shall. be the date the last party has signed. 24. APPLICABLE LAW: This Agreement shall be construed puxsuant to the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above-written. Catherine A. Boyle, Esquire Je . f Ls Spears, Esquire Tammy L. Junk An.drew Scott Jun 15 c ? '~, 4; ? m << ? -S .r; 37" ?J?j 1 ?' ? ?? k _ ' :? f W ? TAMMY L. JUNK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 06-2758 CIVIL TERM ANDREW SCOTT JUNK, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 15, 2006. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service oft the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit e true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. I Date: - /_0 r? MEYERS, DESFOR, SALTZGIVER &i, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 2362817 o !y ^? ?rl a TAMMY L. JUNK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLANDI COUNTY, PENNSYLVANIA V. : NO. 06-2758 CIVIL TERM ANDREW SCOTT JUNK, : CIVIL ACTION + LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 1. I consent to the entry of a final decree of divorce (without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a di orce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date /?) - /- 0 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 C= 0 Vt {[ 7 J ' n-t I 1CJ,r co 6 F:\FILES\DATAFILE\General\Current\ 12088.1. consentwaiver Created: 9/20/04 0: 06PM Revised: 11/22/06 0:23PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TAMMY L. JUNK, V. : NO. 06-2758 CIVIL ACTION - LAW ANDREW SCOTT JUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on May 15, 2006. 2. The marriage ofPlaintiff'and Defendant is irretrievablybroken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. /yam/ I Date: Andrew Scott Junk, De ndant ?_, .,, ?'' "n . t``?` ?r ? ? ? -- _? ? _ ?,,, -f??, ?=;. ._.a Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TAMMY L. JUNK, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2758 CIVIL ACTION - LAW ANDREW SCOTT JUNK, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver 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: drew Scott Junk, Defe ant i 'rq TAMMY L. JUNK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-2758 CIVIL TERM ANDREW SCOTT JUNK, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Served on Defendant's Attorney on May 17 2006 Attorney's Acceptance of Service was filed with the Prothonotary on May 18, 2006. 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff December 1, 2006; by the Defendant November 30, 2006. 4. Related claims pending: No other claims pending. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301(d)(1)(I) of the Divorce Code. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary; December 5, 2006 Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary December 11, 2006. Respectfully submitted, atherine A. Boyle, Esquir Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 TAMMY L. JUNK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 06-2758 CIVIL TERM ANDREW SCOTT JUNK, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this 162" day of 2006 a copy of the forgoing Praecipe to Transmit Record was sent first-class mail, postage paid to: Andrew Scott Junk c/o Jennifer Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Respectfully submitted, Catherine A. Boyle, Esquire Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 r- c:-a -rl T -r OF COMMON PLEAS IN THE COURT s OF CUMBERLAND COUNTY w STAT E O F ?r PENNA. , o ? Tammy L. Junk, ---------- - - - :. ? -- - c>.06-2758 Civil Term i ........................ Plaintiff - - - s Andrew Scott Junk, ;.? - -- -- - -- -- ------------------ ------ - - Defendant ? o o Z DECREE IN DI VORCE ?. M- U06, it is ordered and ?? AND NOW.... fi decreed that ... Tammy Jt?n?. ...................... plaintiff, -? and An.drew. Scott. Junk...... • • • ....... , defendant, ............ are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have , been raised of record in this action for which a final order has not yet 'S been entered; The Marital Settlement Agreement dated Novembe is. hereb.Y.incorP.ted ? '' ....... .... . o..ra .)Qvt. n4t. mQrged..here.in . All Sq 9 .. By The Cur f Attest. Prothonotary 12,1 * r . ,s v F:\FILES\Clients\12088\12088.1, petition Revised: 12119107 11:02AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TAMMY L. JUNK, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2758 CIVIL ACTION - LAW ANDREW SCOTT JUNK, Defendant/Petitioner IN DIVORCE PETITION FOR CONTEMPT AND TO ENFORCE MARITAL SETTLEMENT AGREEMENT AND NOW, Petitioner, by and through his attorneys, MARTSON LAW OFFICES, brings this Petition for Contempt and to Enforce Marital Settlement Agreement and, in support thereof, avers as follows: Petitioner is Andrew Scott Junk who was the Defendant in a divorce action between the parties. 2. Respondent is Tammy L. Junk who was the Plaintiff in that action. 3. On November 22, 2006, Petitioner and Respondent entered into a comprehensive Marital Settlement Agreement which, by its terms, determined the equitable distribution of marital property. A true and correct copy of the Marital Settlement Agreement is marked as Exhibit "A," and attached hereto. 4. On December 19, 2006, a final Decree in Divorce was signed by the Honorable J. Wesley Oler, Jr., and said Marital Settlement Agreement was incorporated, but not merged, with the Final Decree. A true and correct copy of the Decree in Divorce is marked as Exhibit "B," and attached hereto. 5. Paragraph 14.a. of the Marital Settlement Agreement provides as follows: Disposition of real property: The parties acknowledge they jointly own the marital residence located at 155 Beetem Hollow Road, Newville, Cumberland County, Pennsylvania. The residence is currently subject to a joint mortgage. The parties agree that upon execution of this Agreement said residence shall 4 become the sole and exclusive property of Wife subject to no further claim by Husband. The parties agree that Husband will vacate the marital residence no later than December 31, 2006. Up to and including December 31, 2006, Husband shall be solely responsible for payment of the mortgage and will indemnify and hold Wife harmless from same. Husband will also be responsible for any and all expenses incurred by him, including but not limited, utilities and real estate taxes until December 31, 2006, except as otherwise provided herein. At the time Husband vacates the marital residence, but no later than December 31, 2006, Husband shall execute a Deed transferring the property from joint names into Wife's name alone, which will be held in escrow by Wife's counsel. Simultaneous with Husband's execution of said Deed, and providing Husband maintained the residence prior to his leaving same and is current with any expenses owed by him, Wife shall pay to Husband $8,000.00 as his consideration and interest in the marital residence... 6. Contrary to the terms of the Marital Settlement Agreement, Respondent has not paid the sum of $8,000.00 to Petitioner. 7. Respondent is in contempt of Court for failing to comply with the terms of Paragraph 14.a. of the Marital Settlement Agreement which may be enforced as an Order of the Court under Section 3105(a) of the Divorce Code. 8. Paragraph 18 of the Marital Settlement Agreement provides as follows: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 9. Counsel for Petitioner has written to counsel for Respondent requesting the amount due to Petitioner be paid. 10. Respondent should be responsible for Petitioner's counsel fees and costs in connection with the instant Petition and any hearings the Court deems necessary. r 11. This Court has the authority pursuant to Sections 3105(a) and 3502(e) of the Divorce Code of 1980, as amended, to enter an Order directing Respondent to pay Petitioner $8,000.00, plus attorney's fees and costs in the amount of $750.00 within twenty (20) days, and any other sanctions the court sees fit. WHEREFORE, Petitioner hereby respectfully requests that this Court enter an Order finding Respondent in contempt and directing Respondent to pay Petitioner $8,000.00, plus attorney's fees and costs in the amount of $750.00 within twenty (20) days, and any other sanctions the court sees fit. MARTSON LAW OFFICES Date: I Z // q107 Y Jennifer L' pe , Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioner/Defendant if GL/ LC1Clb I3: 41 r1 VZdb'Zti1 MEvERSDESFCRSALTZGIV PAGE 02/16 MA12)CTAL SE TLEMENT AGREEMENT '> Fr(S AGREEMENT made this day of tom}.6006 by and between Tammy Louise Junk (hereinafter referred to as "Wife" or "Wife/Mother") of Cumberland County, Pennsylvania and Andrew Scott Junk (hereinafter referred to as "Husband" or "Husband/Father") of Cumberland County, Peansylvania. WITNESSETH: WHEREAS; Husband and Wife were lawfully married on October 10, 1992 in Cumberland County, Pennsylvania; and WHEREAS, two children have been conceived of this marriage; namely, Rachel Savanna Junk, born on November 16, 1997 and Zachary Scott Junk born on September 1, 2002; and WHEREAS, diverse differences and difficulties have arisen between the parties respecting their interests, rights and title in and to certain property, real and/or personal., owned by or in possession of the said parties to either of them; and WHEREAS, Husband and Wife desire to settle and determine their rights and EXHIBIT "A" MEYERSDESFORSALTZGIV PAGE 03/16 obligations and to amicably adjust, compromise and forever settle all property rights and all rights in, to or against each other's property or estate of any kind or nature whatsoever, including property heretofore or subsequently acquired by either party and to settle all disputes existing between them, including any and all claims for Wifc's and/or Husband's rights to equitable distribution, maintenance and/or support, alimony, alimony pendente lite, counsel fees and costs; and WHEREAS, the parties acknowledge and agree that in entering into this Agreement, including foregoing waivers, they are each relying on truth and completeness in all material respects as to all information provided by the other party hereto regarding the assets of such person. NOW THEREFORE, in consideration of the mutual promises, covenants and agreements hereinafter contained, each of the parties hereto intenduig to be legally bound hereby promises, covenants and agrees as follows: l.. )QIVORCE: The parties agree that their marriage is irretrievably broken and that they mutually consent to a divorce and agree and have executed al I necessary Affidavits of Consent and Waivers of Notice forms required by the court for the entry of a mutual consent divorce. Both Husband and Wife have directed their respective counsel to immediately file with the Court said Affidavits and Waivers and file the appropriate documents to request a Decree in Divorce from the bonds of matrimony under Section 2 __. ?.,. +? « r GJOLOL ( MLYEKS.DESFORSALTZGIV PAGE 04/16 3301(c) of the Divorce Code. - a- This Agreement shall continue in full force and 2. FU)<. FORCE AY effect until such time of final Decree in Divorce is entered. 3. AG EN> N-1 T CONTINUE IN RYE JT OF A YDRCE: In the event that the marriage of the parties hereto is terminated by divorce, this Agreement shall nevertheless remain in full force and effect, and shall survive such decree and shall not in any way be affected thereby. 4. WERF_ FRENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or realign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 5. WIFE'S DEBTS: Wife represents and warrants to Husband that since the date the divorce was filed, to wit, May 15, 2006, she has not and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 6. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the divorce was filed, to wit, May 15, 2006, he has not and in the future he will not, contract or incur any debt or liability for which Wife or leer estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 7 niSrOV>ERY/FXNANCUL DISCLOSURE: The parties agree and acknowledge that they have made full and fair disclosure of all of their assets and income to the other party. The parties acknowledge that they have both been given the opportunity to conduct discovery and investigation into all assets of both parties, whether separate or marital, prior to entry into this agreement. Both Husband and Wife acknowledge they have had full and fair disclosure to the other party of all assets prior to execution of this agreement. Furthermore, the parties acknowledge that they have both had full disclosure as to both parties income and financial condition. 8. MUTUAL RELEASES: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for termination of the marriage by divorce or annulment and except any or all causes of action for breach of any provisions of this Agreement. 14tisband and 4 MEYERSDESFORSALTZGIV PAGE 06116 1 Wife specifically release and waive any and all rights he or she might have to raise claims under the Pennsylvania Divorce Code and all subsequent amendments, but not limited to claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. The fact that a party brings an action to enforce the property agreement as incorporated in the divorce decree, under the Pennsylvania Divorce Code and all subsequent amendments, does not give either party the right to raise other claims under the Divorce Code, specifically waived and released by this paragraph and all rights and obligations of the parties arising out of the marriage shall be determined by this Agreement. 9, RELEASE OF TESTAMENTARY CLAIMS: Fxcept as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by Last Will and Testament or otherwise and each of them agree that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would become entitled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's Last Wills under the present or future laws of any, jurisdiction whatsoever and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of eacb.. 10. AGREEMENT BINDING ONi REIMS: The parties acknowledge that except as provided for in this Agreement, each of the parties shat I have the right to dispose of their V - i LJ1LU1/ MLYLHbDESFORSALTZGIV PAGE 07/16 s respective property by Last Will and Testament, and that each party waives the right to take under the Will of the other. This Agreement shall be binding on the respective heirs, executors, administrators and assigns of the parties thereto. 11. ENTIRE AGREEMENT: This Agreement represents the entire agreement between the parties. There are no representations, promises, agreements, conditions, or warranties between the parties other than those set forth herein. 12. LEGAL ADM IM LUNTA1tY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and has had the benefit of counsel of Catherine A. Boyle, Esquire, as her attorney. The Husband has employed and has had the benefit of counsel of Jennifer L. Spears, Esquire, as .his attorney. Each party acknowledges that they have received independent legal advice from counsel and that each party fully understands the facts and have been .fully informed of their legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the current Pennsylvania Divorce Law, and his or her rights thereunder, each party hereto still desires 6 'J _ . _ ?[.uL01f MF-YERSDESFQRSALTZGIV PAGE 08/16 j w to execute this Agrecment acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties and waives their respective right to have the Court make any determination or order affecting the respective parties' right to a divorce, alimony, alimony pendente lite, equitable distribution. of all marital property, counsel fees and costs and expenses. 13. D_MSION O PERSONAL P)E-DPERTX: The parties acknowledge that within ten (lo) days of the execution of this Agreement, Husband shall return to Wife the following: a. Mixer/blender b. Christmas items (the box contains ornaments, old and new, given to the children from. my mother) 0. Baby items (especially the bassinet, from Wife's family) d. Children's Birth Certificates e. Collection of salt and pepper shakers .f. Special baby clothing that Wife was keeping for the children . 9. Drawings that were drawn and given to Wife by her nephew and younger sister, before Husband and Wife were married h. Wife's graduation pictures i. Steve Irwin puzzle/picture j. Sewing items k. Wife's items in the lock box 1. Items from the china closet that were Wife's family's antiques Wife shall return the following items to Husband within ten (10) days of the execution of this Agreement: a. Pictures of Husband's family b. 2 pearls he purchased before the marriage c. All Thomas the Tank engines (toy train set) Except as provided otherwise herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and al.1 other articles of personal property which have heretofore been used by them in common. Should it become 7 l PAGE 09/16 necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph. 14. F0inTA L>FLEE MIRIBUTION: a. Disposition of real row vcm: The parties acknowledge they ,jointly own the marital residence located atl 55 Beetem Hollow Road, Ncwville, Cumberland County, Pennsylvania. The residence is currently subject to a joint mortgage. The parties agree that upon execution of this Agreement said residence shall become the sole and exclusive property of Wife subject to no further claim by Husband. The parties agree that Husband will vacate the marital residence no later than. December 31, 2006. Up to an including December 31, 2006, Husband shall be solely responsible for payment of the mortgage and will indemnify and save harmless Wife fmm same. Husband will also be responsible for any and all expenses incurred by him, including but not limited to . utilities and real estate taxes until December 31, 2006, except as otherwise provided herein. At the time Husband vacates the marital residence, but no later than December 31, 2006, Husband shall execute a Deed transferring the property .from .joint names into Wife's name alone, which will be held in escrow by Wife's counsel. Simultaneous with Husband's execution of said Deed, and providing Husband maintained the residence prior to his leaving same and is current on any expenses owed by him, Wife shall pay to Husband $8,000.00 as his consideration and interest in the marital residence. Commencing January 1, 2007, Wife shall take 8 ``vcoli YERbOESFORSALTZGIV PAGE 10/16 exclusive possession of said residence. l;pun repayment and satisfaction of the joint mortgage, Wife will record the Deed being held in escrow by her counsel. i. Commencing January 1, 2007, Wifc agrees that she alone shall be responsible for the current mortgage and Wife shall indemnify and save harmless Husband form any and all claims or demands made against the property or under the mortgage or related loan documents. ii. Wife agrees to be responsible for any and all 2006 school taxes due on the residence and all school taxes due thereafter, iii. Wife agrees that she alone shall be responsible for payment of any and all debts which may affect said property, whether past, present, or future, including, but not limited to, claims or judgments by Ricky and Carol Burkholder asset forth in Docket No. 06.3122 of the Court of Common Pleas of Cumberland County, Pennsylvania, and filed on June 1, 2006, except as provide otherwise herein. Wife shall indemnify and save harmless Husband from any and all. claims or demands made against said debt. b. Automobiles: Wife shall beep the 1995 Ford Explorer automobile as her sole and exclusive possession. free of any claim or demand by Husband. Husband shall keep the 2000 Ford Ranger automobile as his sole and exclusive possession, free and clear of any and all claim or demand by Wife. The parties acknowledge that there is currently a lien against said vehicle titled in joint names. Husband agrees to indemnify and save harmless Wife 17om any and all 11/16 1 claims or demands made against said lien. The parties acknowledge that Husband is past due on the payment of said lien. I'pon execution of the Agreement, Husband shall make payment so as to bring said lien current. Husband also agrees to refinance said lien into his name alone within thirty (30) days of the execution of this Agreement and provide documentation of same to Wife. In the event that Husband does not refinance said lien in compliance with this provision, the vehicle will immediately be sold and Husband shall be responsible for any and all costs, fees. expenses associated with same and/or any shortfall in the repayment of said lien and will indemnify Wife and hold her harmless from some . The parties agree to execute any and all documentation necessary to give effect to this provision. C. Student loan: The parties acknowledge that Husband owes a student loan in the amount of approximately $16,000,00 titled in his name alone for the pursuit of his education. Husband shall be solely responsible for payment of said student loan and shall indemnify and save harmless Wife from and any all claims made against said student loan. d. edit cards: The parties acknowledge that there is a Visa credit card debt in the amount of approximately $8,000.00. Wife shall be solely responsible for payment of said credit card and shall indemnify and save harmless Husband from any and all claims made against said credit card, 15. CHILD SUPPORT: The parties acknowledge that an Interim Order of support was 10 (1!'Ldb:181( MEYERSDESFORSALTZGIV PAGE 12/16 r Y effective September 27, 2006. The parties also acknowledge that Husband appealed said Order and a de novo hearing is scheduled for November 30, 2006. The parties hereby agree to make the Interim. Order a final Order and Husband shall withdraw his request for a de novo hearing and the hearing on November 30, 2006 shall be cancelled. Wife is in, agreement to cancel said hearing and shall cooperate to the extent necessary to carry out the terms of this provision. 16. CUS-T DY: The parties acknowledge that a Temporary Order of Court regarding custody was entered on August 7, 2006. A bearing on custody is scheduled for December 11, 2006. The parties have agreed to the following: a. The Temporary Order of Court dated August 7, 2006 shall become a final Order of Court provided that Husband/Fathcr obtains a residence in the Big Spring School District, where the children presently attend school. The parties agree that it is in the children's best interest to attend school in the Big Spring School District and that the children should remain in said school district. Husband/father shall obtain a residence in the Big Spring School District by no later than February 1, 2007, and provide documentation of same to Wife. In the event that Husband/.Father does not obtain such residence, the custody arrangement shall change to Wifc/Mother having primary physical custody subject to periods of partial custody in Husband/Father every other weekend until such time as he obtains a residence in the Big Spring School District, whereupon custody will revert to a shared week to week schedule. Husband/Father shall also be responsible for any and all transportation of the children to exercise his periods of partial custody. In the event Hcisband/Father's cusstody is changed to partial custody, Husband/Father shall be responsible for any and all transportation of the children. b. Ilol' : i. '> hanksWving: The Thanksgiving holiday will be split and alternated between the parties as follows: Segment "A" will be from 9:00 a.m. until 3:00 p.m. on Thanksgiving Day and Segment "B" shall be from 3:00 p.m. until 9:00 p.m. Thanksgiving Day. Wife/Mother shall have segment "A" in even years anal segment "B" in odd years. Wusband/Father shall have segment "A" in odd years and segment "B" in even years. Accordingly, Wife/Mother has segment "A" for the Thanksgiving holiday this year. ii. Mother's D_sv and Father's D": Mother's Day shall be spent with Wife/Mother and F'ather's Day shall be spent with Husband/Father regardless of the weekend schedule. These respective holiday periods shall run from 9:00 a.m. through 9:00 p.m. iii. Christmas >El(ohdays: The Christmas holiday shall be split and alternated between the parties a5 follows: Segment "A" shall be noon on Christmas Eve until noon Christmas Day and Segment "B" shall be from noon on Christmas Day through noon on Deccmber 26th, Wife/Mother shall have segment "A" in even years and segment "B" in odd years. Husband/Father shall have segment "A" in odd years and segment "B" in even years. 12 t ` C. PAGE 14/16 Wife/Mother shall have segment "A" this year and Husband/l;athcr shall have segment "B" this year. iv. Ncw Year's Day. Easter, Memorial Day. Fourth of July and Labor Day holfdavs: The parties shal I alternate these holidays every year. Wi.fe/.Mothcr shall have New Year's Day in 2007 and the holidays shall alternate thereafter. The holiday periods shall rua from 9:00 a.m. until 9:00 P.M. V. The parties agree that the holiday schedule shall take precedence over the regular schedule. 1.7. d. C. f a.fLJULCif MEYER DESFORSALTZGIU The parties agree that if the custodial parent is unavailable for a period in excess of ten (10) hours, the non-custodial parent is to be offered the right of first refusal of custody of the children. This provision is not intended to interfere with the children's ability to spend time with extended family. All other provisions of the Temporary Order of Court dated August 7, 2006, shall remain in full, force and effect. The hearing scheduled for December 11, 2006 shal I he cancelled. WAIVER OF RIGHT T-0 -ALIMONY, ALIMONY PEM NTE LITE. SPOUSAL SUPPORT COUNSEL 1F ESQ COSTS AND EXPENSES: The parties hereby acknowledge that they each waive their right to request alimony, alimony pendente lite, spousal support, counsel fees, costs and expenscs from the other unless otherwise provided for in this Agreement. 13 6 I ti 1 R. EA : If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal :Fees and costs incurred by the other in enforcing their rights under this Agreement. 1.9. ADDITION UNSTRUMEN'1rS: a. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. b. This Agreement shall be incorporated into a Divorec Decree but not merged therein. 20. MODIFICATION AND RAWER: A modification or waiver of any of the provisions of this Agreement shall be eMctive only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon, strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 21. DE SCRIPT-WE HEAD- VGS: The descriptive licadings used herein are for 14 w t y convenience only, They shall have no effect whatsoever in determining the rights or obligations of the parties. 22. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. 23. EXECUTION DATE: The execution date shall be defined as the date both parties have signed this Agreement. In the event that the parties do not sign this Agreement at the same time, the executions date shall be the date the last party has signed. 24. APPLICABLE LA?W: This Agreement shall be construed pursuant to the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above-written. Catherine A. Boyle, Esquire Tammy,. Junk 1 OP- i Al Jenni* L 'Spears, Esquire Ai,drew Scott h 15 f ? ?,,,, ?. r y L.u401 ( SDESFORSALTZGIV PAGE 16/16 convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 22. VOID CLAUSES: If. any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or othenvise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. 23. EXECUTION DATE: The execution date shall be def ned as the date both parties have signed this Agreement. In the event that the parties do not sign this Agreement at the same time, the execution date shall be the date the last party has signed. 24. APPLICABLEIAW: This Agreement shall be construed pursuant to the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have hercunto set their hands and seals the day and year first above-written. C 1 Catherine A. Boyle, Esquire Tammy t. Junk CAA Jentnifew L Spears.. -squire Andrew Scott Jupll 15 :s .ti IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Tammy L. Junk Plaintiff No. 06-2758 Civil Term VERSUS Andrew Scott Junk Defendant DECREE IN DIVORCE AND NOW, December 19 DECREED THAT Tammy L. Junk AND Andrew Scott Junk 2006 IT IS ORDERED AND , PLAINTIFF, ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marital Settlement Agreement dated November 22, 2006, is hereby incorporated but not merged herein. -- r s w t a BY THE COURT: f 5 J. Wesley Oler, Jr. w ? ATT T: Curtis g, Prothonotary J. Certified Co y Issued: December 29, 20R TH ' TAR'[ EXHIBIT "B" VERIFICATION The foregoing Petition for Contempt and to Enforce Marital Settlement Agreement is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make kno ' y false averments, I may be subject to criminal penalties. _ ?./ • IQ-b& Andrew Scott Junk F: \FILES\Clients\ l 2088\12088. Lpetition CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Law Offices hereby certify that a copy of the foregoing Petition for Contempt and to Enforce Marital Settlement Agreement was served this date by depositing same in the Post Office at Carlisle, PA, fast class mail, postage prepaid, addressed as follows: Catherine A. Boyle, Esquire MEYERS, DESFOR, SALTZGIVER & BOYLE P.O. Box 1062 Harrisburg, PA 17108 MARTSON LAW OFFICES Eckenroad Ten East High Street rMisle, PA 17013 (717) 243-3341 Dated: 1.1 /l J/d -7 fl ? t_w . --? _,x, ? __ _ ? .?1r?? " s°- M ? .?.+/ y ? -^. l - ?4?f ,?"' ? C ... 1. F:\FU.EWliients\ 12088\ 12088.1. petition Created: 9/20/04 08:37M DEC 2 0 2007 Revised: 121101 ]2/10/07 8:37AM TAMMY L. JUNK, : IN THE COURT OF COMMON PLEAS OF PlaintifflRespondent : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2758 CIVIL ACTION - LAW ANDREW SCOTT JUNK, Defendant/Petitioner 1N DIVORCE RULE TO SHOW CAUSE AND NOW, this J day of December, 2007, upon consideration of the attached Petition for Contempt and to Enforce Marital Settlement Agreement, it is hereby Ordered that Respondent show cause, if any there be, why the Marital Settlement Agreement should be not enforced. Rule returnable -- -- ---.,-daysa$ex senice? et, I e iii ate, 2, /o=3d 4, i BY THE COURT, Oler, gr., J. TQJ xzern?/ cc: Catherine A. Boyle, Esquire - for the Plaintiff/Respondent Jennifer L. Spears, Esquire - for the Defendant/Petitioner ? ? ?_ ) ? m' ? ?' ? ?r . ??; ....? C?- a r??. ?? ..-- ,? ?,?. c? d " ,_s :.?-x © 'a ?.r. v TAMMY L. JUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ANDREW SCOTT JUNK, : Defendant CIVIL ACTION - LAW NO. 06-2758 CIVIL TERM ORDER OF COURT AND NOW, this 3`d day of January, 2008, upon consideration of the attached letter, Catherine A. Boyle, Esq., is hereby excused from further representation of Tammy L. Junk. BY THE COURT, J? Wesley Ol&, Jr., J. Tammy L. Junk 155 Beetem Hollow Road Newville, PA 17241 Plaintiff, pro Se Jennifer L. Spears, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Defendant Courtesy Copy: Catherine A. Boyle, Esq. 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 Cori es maI'LL :rc C Z • V WV ?- NVr BOOZ KY O-'-I--CIP'l TAMMY L. JUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ANDREW SCOTT JUNK, : Defendant NO. 06-2758 CIVIL TERM AMENDED ORDER OF COURT AND NOW, this 3`d day of January, 2008, the prior order of court dated December 28, 2007, is hereby amended to reflect that the Plaintiff is now representing herself at the hearing scheduled for February 11, 2008, at 10:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Tammy L. Junk 155 Beetem Hollow Road Newville, PA 17241 Plaintiff, pro Se Jennifer L. Spears, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Defendant Courtesy Copy: Catherine A. Boyle, Esq. 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 J. O'C tES lnvtLc?- ?t :rc BY THE COURT, P, z .9 wv ?- u ow Awi 30)' n4lij _ ,r W F: \FILES\Clicnts\General\Archive\ 12088\ 12088.1. pra Revised: 1/16/08 1 1: 30AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TAMMY L. JUNK, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ANDREW SCOTT JUNK, Defendant NO. 06-2758 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw Defendant's Petition for Contempt and to Enforce Marital Settlement Agreement filed on or about December 19, 2007. The hearing scheduled before the Honorable J. Wesley Oler, Jr., may be canceled. MARTSON LAW OFFICES B Y Jennifer . Spears, Esquire 10 East Hig? Street Carlisle, PA 17013 (717) 243-3341 Date: January 16, 2008 Attorneys for Petitioner/Defendant Z ,r W CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Law Offices hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse Hanover and High Streets Carlisle, PA 17013 Catherine A. Boyle, Esquire MEYERS, DESFOR, SALTZGIVER & BOYLE P.O. Box 1062 Harrisburg, PA 17108 Ms. Tammy L. Junk 155 Beetem Hollow Road Newville, PA 17241 MARTSON LAW OFFICES By AID T 'cia D. EZc enroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 16, 2008 C' ? `=r?i ?:_ .-?, .--i ?_ r., , , :: ??_', _ -,i, 1 r r: ? ,,, ?? TAMMY L. JUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PEN14SYLVANIA V. CIVIL ACTION - LAW ANDREW SCOTT JUNK, : Defendant :D AND NO. 06-2758 CIVIL TERM ANT' ORDER OF COURT AND NOW, this 24th day of January, 2008, upon consideration of the Praecipe filed in the above captioned matter, the hearing previously scheduled for February 11, 2008, is cancelled. BY THE COURT, J. esley Ole , Jr., J. Tammy L. Junk 155 Beetem Hollow Road Newville, PA 17241 Plaintiff, pro Se Jennifer L. Spears, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Defendant Courtesy Copy: Catherine A. Boyle, Esq. 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 Cof CcS m?LLLZCIL :rc i+ 0 1 : ? ?,?d 'IZ F?! r 8 102 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jan i ornr)y L. Plaintiff Vs File No. 7->(q - 75 n A n1 f f?J IN DIVORCE U Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated D&_ 19 ?, O(p hereby elects to resume the prior surname of fl? r H rl , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date: [? 09 lgnature Si ature of name being resumed 1 A c-t t? aU'? S?? M; l v COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF !lam Le, /4 K4' ) On the ? ? day of , 200 before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. I .6rtl lk z Notary Public NOTARIAL SEAL PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 1'pbL , 3 'C' -? 1/ RLED-GITCE OF THE PROTHONOTARY 2009 JUN -8 PM I.01 CUPy , : . /;yam ")UNTY f