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Home My WebLink About94-05284 ',,' I' 'I I' I I; " .~ I - I U, I . n 7' I I ~I u\ .'J / ( I , I 1 , J ! " II " I, " J " ~ fJ ::t- O- ' / .,. It) .... /.I: (.: ':.: " ., I. .. Pj~ . ~:'! , , I .. , , '/' . n.,., ..t, e' , 1:1 {: <rl ",J .ill t , C' .' Ii.: I.. I II,! I .. '1..... ,. l'~'" :'.i , , , " , V U , , " " . " BrYln S. Walk ATTORNEY AT LAW 108-112 Walnut Street Harrisburg, PA 17101 (717) 238-5113 --1f4?, -I-roll RENEE s. FISCUS, Plaintiff IN THE COURT OF COHHON PLEAS CUMBERLAND COUNTY, PA v. NO. 94-528'" CIVIL ACTION - LAW IN DIVORCE ROBERT C. FISCUS, Defendant ANSWER TO PLAINTIFF'S PETITION FOR CONTEMPT TO THE HONORABLE JUDGES OF SAID COURT: Defendant, by and through his counsel, Bryan S. Walk, Esquire respectfully files the following Answer in response to the Plaintiff's Petition for contempt: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Neither admitted or denied. A. The Defendant, by 'and through his counsel was attempting to discuss the need to file the Interrogatories. Plaintiff's counsel refused to contact Defendant's counsel regarding this matter and the filing of these Interrogatories in general. On or about the 15th of November, Defendant's counsel sent a letter to Plaintiff's counsel, Keith B. DeArmond, Esquire informing him that the undersigned counsel was retained to represent the Defendant in the divorce matter. (see Exhibit A) B. Counsel for the Plaintiff refused to contact undersigned counsel in regards to this divorce matter. C. On or about Decembor b, 1996, undersigned counsel, once again sent a letter to Mr. DeArmond indicating that he would like to discuss this matter In regards to the Plaintiff and Defendant's pend.ing d.ivorce. (see L';xhibit B) D. Plaintiff's counsel, Keith B. DeArmond, Esquire once again refused to contact undersigned counsel in any manner regarding the pending divorce between the Plaintiff and Defendant. E. On or about the lOth day of December, 1996, Plaintiff by and through her counsel filed a Petition for Contempt against the Defendant tor failing to answer the Interrogatories. This Petition was served on the Defendant, but was not served on the Defendant's counsel as required. Further, the Petition for contempt, a copy of which was served upon the Defendant does not indicate the time or the date it was filed in particular and that there is no time stamp from the Prothonotary's office to indicate such. F. Undersigned counsel has attempted to contact Plaintiff's counsel on several occasions regarding this matter but has been unable to do so, and Plaintiff's counsel has failed to respond to the letters mailed by undersigned counsel. Undersigned counsel in cooperation with his client, Mr. Fiscus, Defendant in the above-captioned matter, has every intention to file the Interrogatories but was attempt inC) to negotiate a settlement to avoid unnecessary costs to the parties, if at all possible. G. The Plaintiff by and through her counsel failed to even attempt to make contact with Defendant's counsel, although they were well aware Defendant was being represented by undersigned counsel'. On December 13, 1996 PlillnUff's counsel responded by letter to undersigned counsel and indicated that they received the previous correspondence, but decided to file the contempt motion without contacting undersigned counsel. (see Exhibit C) H. Since it is apparent that Plaintiff's counsel does not wish to discuss with undersigned counsel the progress and the status of this case in a professional manner. Undersigned counsel and the Defendant will be filing the Interrogatories within 10 days from today's date, I. it is believed and therefore averred that, the Plaintiff does not suffer any undue prejudice or harm as a result of the delay in filing these Interrogatories. WHEREFORE, the Defendant respectfully requests this Honorable Court to dismiss the Plaintiff's Petition for Contempt and allow the Defendant by and through hi s counsel to file the requested Interrogatories within 10 days from the date of filing of this Answer. NEW MATTER REQUEST FOR SANCTIONS AGAINST PLAINTIFF 7. Paragraphs 1 through 6 arc incorporated herein. 8. The Defendant by ilnd through his counsel respectfully requests this Honorable Court impose sanctions against Plaintiff and her counsel for failing to serve the Petition for Contempt upon Defendant's counsel. In support therefore, avers the following: A. The Plaintiff by and through her counsel was well aware that the Defendant retained undersigned counsel to represent him, as this was communicated to the Plaintiff's counsel in a November 15, 1996 letter. B. The Plaintiff's counsel was well aware that the Defendant was represented by counsel via a letter dated December 13, 1996 addressed to Plaintiff's counsel. 9. The Defendant by and through his counsel respectfully requests this Honorable Court order the Plaintiff to pay the costs of responding to this Petition for Contempt in that it is frivolous and that Plaintiff's by and through her counsel acted in an unprofessional manner, and in support thereof avers the following: a. Upon being retained by Defendant, defense counsel attempted to discuss this matter with the Plaintiff's counsel. However, Plaintiff's counsel failed to even respond to the letters that were sent regarding this matter. EXHIBIT B " .--" , ~p..... ~,... '\...... . . . ,: I \ , j ... ,- I' ."",'1 I, . J ..............,.,1 '. .. , I ......."., l, I " I I. ~.' I 'I I t ,. t I I' \ ! J)J~ f1- tIl< t$j:I., ai~~ :58 ~ ::..:~~ " I ,:','Ii . ,I I , '~ I, I l I.;; r 'I, ~J 1 , ,"01; , ~':, , JI,.) 1:~t'll '~l~; , .' t' 1(';'1 ,tl,': 'JI)flj1 i,~ tJ r ~~I~. ~~f'l t~J " ". , i. r' , ,..,. , ,. )I.' 'I:': ~ .J ~ttl ~ ( ~~ ~ ~ ~~~ U)~~~ Z ~:: ill ( ~N!G > ..... ... 1% Il: <(;;; a: III ~ ~ I' r 1: · J ~ ... , ... , ./) :t:r-J .) ,I ~ . 1'< ~ ,,- t :, a; ~ ~ .. , r- l~ ,., In Q """' r<") ~n (J r(; C'l$ 0 I' ',,:1 o(J r() \J') ...s .(I if) <J 'I.f) - l'- ~ ~.'- - \...) ..:) .....,t " lr., i'j <) 8~ t , ~ ,'J! - ~ -. .J. rJ (.J ... ~ ~ 8~ ~ ~ :S VI ,.. ~ = ,~~ I ~ in ~ ~<iE _u ~ . . . Robert M. Fiscus 12/l1/77 Ryan A. Fiscus 4/20/80 11. The above-named children currently reside at the residence of the Plaintiff. 12. During the past five (5) years. the children have resided with the following persons: with Plaintiff and Defendant at 6 Sgrinoli Lane, Enola, Cumberland County, Pennsylvania; since May 26, 1994, the children have resided with Plaintiff alone at the same address. 13. Plaintiff has not participated as a party. witness or otherwise in any other litigation concerning the custody of the said minor children in Pennsylvania or any other state. 14. Plaintiff does not know of any person not a party to these proceedings who currently has physical custody of the .hildren or who claims to have custody or visitation rights with respect to the children. 15. Plaintiff has no knowledge of a custody proceeding oncerning the children pending in a Court of this Commonwealth r of another state. LAW OI'F,CES OF KIITH A. ILANK 348 1 Market 51.. SUlle 303 CIITlP Hill, PA 17011 PnOl1e (717) 73He70 " i . , . . ~ ":: O!i, ~It .., ~ ~ /-l " , l'- ..., t:: ;'j e5 ',~ ." ] ClI: /-l r 'r< t:: ~~ Ec r a ,~ ," . ~;: - I1l . 'w "J ... .u .-. ~ 8 A. ~ I- g- 7- ~ ~., A. C . ..... .. .. E: :> ~ IIJ ~ .l:" oa~ . U ~ ~ . ~ Iii '" ~-9 & ~ ~ ~.~ " ~ A. ~ a@.;'; ..... !;; ~ ~ ~ " ,~ ..... ~ ;'j ~ ~~~ . 7- fC . u 8 r;. Cfl ~ ! " ~a .. ... ""-- ...:""'. .- .....-. "'..':0. <-.. 11 ,.\'j; 1-' ,I' ' I - --. . CONST~.....p. BRUNT AmlaNlY liT lAW . . 'ii '" RENEB S. FISCUS, I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff I v. . CIVIL ACTION - LAW . I ROBERT C. FISCUS, JR., . No. 94-5284 civil Term . Defendant IN DIVORCE \j " I',l. ,;,;:, PRAECIPE I II 1'1 Ii I .' II I I. q /, :'1" _.1. ',i;' Please enter the appearance of CONSTANCE P. BRUNT, ESQUIRE, as counsel for Defendant, ROBERT C. FISCUS, JR., in the above- captioned matter. I, ." .,1; 'I " DATE I (l/t C(? f / /'. J/ ~:J ::;;,-t./A , ,,::- CONSTANCE P. BRUNT, ESQUIRE 3901 North Front Street Harrisburg, Pennsylvania 17110 (717) 232-7200 Attorney for Defendant ,I'j , ;.) .1 ','I " " ," \. \",' ;: ~ 1-~ ~ .... '1 ~ \ , , , , ~- en , , P' -" :' , j. It" t',.: , .. f~ ~) ! 0: i' 1'1'" , (\1 \. i (. r)/ . , I,ll' , ~ r _It " L:... I :IJ I.., In.. L'. . '-I , L} , . ) I , I n I I , I ." I, " '" " ;' . ,,, . , .) mB~'" 1.,ln I. Wllk ATTOI'IHIV AT LAW tOl.112 Walnut Strut L-'i'mrilburg, PA mOt (197) 231.5113 _]4. - , Plaintiff .--- .-,-- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 94-528'/ CIVIL ACTIdN - LAW IN DIVORCE ROBERT C. FISCUS Defendant CERTIFICATE OF SERVICE On the ~, (I"-. day of January, 1997, I have served by first class mail, postage prepaid, the enclosed Answer to Plaintiff's Petition for Contempt to the following person: Keith 8. DeArmond, Esquire 2800 Market street Camp Hill, PA 17011 , -, , .' jI /> ' .....'" . '...._ /' c'~./;.t-."..... -- Br~ $. Walk, Esquire Attorney for Defendant I.D. #63881 108-112 Walnut Street Harrisburg, PA 17101 mrn -Ofr\('.~, r'" 1''' " ," ,,,," 'l)l'lll" ",l < \ ,." (- '11 .!lI!! ~G I'll 17.\ ~G CUI""" ,/'''' IY"I'I'f'V II~.L,I ~f. I I' J 'J ..)\ j l l l'l~II"::iY')II'l' lIi\ , , , , " " ! , ., ""~""~_t , , 'I',' .., " " 'I: 1 " j' .. 'I , , , ~ _"_8 nU:fl-Cr\1Cr: or- 11": ,.''''\11 'f",I!'jTN\'{ q') J~l\ \:1 r,\',lOIIr/ .'I!' ' \' "fJll"/...I.., ,'.) , , ' I ( Pdll\SYl.W~'i!l\ I' " I' .j ',.,. , " ~,! ..1-'f";_T" _.{,/,l ,1,___" . I ft' I' 'I ~, ~ ','I< ,:' ~ " I ,I ~ ..---~ F\lFIl'OrYIC~ OF T\ I:' \-r"',THC',t:OTNW ql MIG ~I;j [1\ 7.' ~O 'I" ~~'I ; .'f' l~" r; " "' I. l~, ~' I,.' 1,.1 C\ I~" 'I ,,' 'I t "UN'r( ..II J,~" _I \\. ,j o,~. I ; PI:~I~t..j; ~'I-I.\J/\l.;\,~ I I I I ,~\ I..J ",rl l. " 1111 ~r I :J)' 1,- 't; I'" '1 l'tlll ~:t I 'I.! I, I' " I, :y !-. t '... 'j' I, I , ,....1 I.r: , , , , I', " I I ,...,.j,', "p.. d,.,,:; ,....,d,.,k~d~I._ '_I ';" ,~ I' ~ !' " ,I , ,', ~ .. .' ~ . , ...,--