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SEASON'S GREETINGS k wut; yd..c, .J.~:f.L1!.. "r -~~ ,t d-,~Lir d,Uf~.t. z~ {!hu_"Zi~-. J_~II ~hct ~~iu(,-_;zA.. t Y'I'j..~t./; ~ fhtL r't1 Ctt.-r.4..d..t:<:'. I ' l1Je .:UHu..h ;;:," II /!t.-(,,/ )4~ C,(-tl,j.~rl/..,~ N-.L... It IJU-4;!Ut-t ~..:J /~(<I JIc d/j . ft."''-<l--t1~'';' ,~((' ... 4,. ';/,v-,~ i , - '.. . f.~:'.,';.i''':fi':'('' . !Jit:J'".\'",..."..~, '("'C .';"_',y;:;;:;;,,;,,,. :'",,,,,:;'l,f'~~'':'~,';H'#::',,,,,,,:}.~~?., '~T" '. l!lullra," br J. RUllO Wrtnln br Vlcl" J. Kur...' ,. 07 IR'HOIHG HOllE THE TREE "if' - .... .." .... - -"--'i Grr~m' ~CURAENT,INC.. COlORADO SPRINOS, CO 10M' ;;:, ~"'-"""'._... "-~JT 't: . -P~~~,*1~" .;,-,- ,. --...., ~-'-...,,""'i;~~..iiJot'~.~;:".i..h 1~~T;rt;~Yj.~~;"~c.- " I ! I I January 5, 1993 Dear Dwain, Sure was nice getting your call on New Year's Day. 11 sounds as If you are adjusting very well to this major change. I'm truly happy for you. I've always believed that if you do what's In your heart and what makes you happy. the money, etc. wlll follow. Nice to see you discovering that. Went to Honolulu this weekend to scc Pn\'nl'oul (incrcdlblc!) nnd this magazine was on the plane. Thought you might like a little "taste" of what Maul's al1 about - the article on Upcountry. in particular. That's where I live now, and I real1y love it. Also wanted to remind you to return the pictures, as wcll as some of your own soon. Wanted to mail Fred & Mary Stu theirs and also am anxious to see where you 1!~~,-~~or~kL eIC.~~ -~~---- I'm glad Sue found work right away, too. She must be very fond of you to "fol1ow you" al1 the way to thc mldwestl Two brave souls In the same household I Thanks for your offer to use the tl'Uck if I gct to Colorado. That would be a big savings If I didn't have to worry about a rental car. Don't know If I will be at Montessori then - if not, vacation time might be a problem - and if so, trying to save that money will be Interesting, Am probably going to apply at a few of the resorts here to see if they need any "casual" (on-call) help. Usual1y In peak season they do and that would be a way to earn some extra money. And maybe the computer business will take off more, too. So - It's my goal to make it there - cross your fingers and say II prllyer that I can accomplish II. If it doesn't work oUI, mllybe you guys could come over here, and I'd help with the Illr fare and put you up. Would you consider that? Am struggling with being back at work aner two weeks off. I could get used to a life of leisure with no problem . if I could just find a way to pay the bil1sl! Know any available sugar daddles'I'l'I'l'l Have really been SUSAN M. WOLF, Plaintiff I fN 'l'HE COUIl'I' OF COMMON I'LEM; rJl' I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I VB. I NO. 95-6198 CIVIL 19 DWAIN K. McLAUGHLIN, I Defendant I IN DIVORCE STATUS SHEET DATE: ~ ACTIVITIES: k.ilt.-- -In (,... '" ,(_'J /'. to (,..,0., >, ,',. .\h./ll\WI /'" 11' t · 1-,. <'\..1'1 r. (I t,,, u..' tI,.I, t.v',( 4':......A ClI (,r<"......,! (\\/.' "Ill 1, ._, #, ,. .,' - " ,- - ,." ~~~~~L~ - ~----' I 11"(1. .~.t-. ~ ,~"l'/r,. _--~J,. I ,J "~If .\.- . I.-i!., <1{" ..12119/96 A hearing on common law marriage iB Bcheduled for __~ ~~ 7 Q)t'tl SUSAN M. WOLI' 261 ARCH STREET CARLISLE, PA 17013 'k),wNn ~, ~L,.Q~'11 I.o'J..O llJ1b %p.ITt\" Crt~h(( \ ~~ ~13't \ 1f1l1.3lJ~3/t OFFICI OF DIVOIICI MASTlR CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 .. ......" '.ak.r, II Divorce Malllr TrMI .I. CeIr.r Olllcl MII1811lrlRlpOIIlr w... ...... 697.0371 Ex\. 6535 December 17, 1996 Marcue A. McKnight, III, Esquire IRWIN, McKNIGHT , HUGHES 60 West Pomfret Street Carlisle, PA 17103 Ja... J. Kayer, Esquire KA YER , BROWN Liberty Loft 4 Ea.t Liberty Avenue Carli.le, PA 17013 REI Sue an M. Wolf vs. Dwain K. McLaughlin No. 95 - 619B civil In Divorce Dear Mr. Kayer and Mr. McKnight: By order of Court of President Judge Harold E. She.ly dated D.ce.bar 9, 1996, the full-time Ma.ter hat been appointed in the above referenced divorce proceeding.. Ba.ed on my review of the documents in the file on the motion for appointment of Master it appears ae if we have an i..ue regarding the status of the relationship between the partie., namely, whether they are in a martial relationehip or are .i.ply two single persons without the benefit of marriage. Therefore, it is necessary apparently that I schedule a hearing to determine if the parties have established a common law marriage relationship. I aek that counsel contact my office to schedule a hearing on this is.ue. I will also request that thirty (30) day. prior to the hearing that will be scheduled that counsel provide to me a memorandum setting forth the law with respect to co..on law marriage and their point of view as to how the law affect. their re.pective client's status. SUSAN M. WOI,~', I IN '!'IlE COUIlT 01' COMMON PLEM; OF Plaintiff I CUMBEIlLAND COUNTY, PENNSYLVANIA I VS. I CIV1L Ac'n ON - LAW I I NO. 95-li198 C1VIL 19 DWAIN K. McLAUGIlI,IN, I Defendant I IN D1VOllCE ORDER AND NOTICE SETTING HEARING Tal Susan M. Wolf , Plaintiff James J . Kayer , Counsel for plaintiff Dwain K. McLaughlin , Defendant Marcus A. McKnight, 111 , Counsel fOI: Defendant You are dil:ected to appear for a heal:ing to take testimony.on the outstanding issues in the above captioned divol:ce pl:oceedings at the Office of the Divorce Mastel:, 9 NOl:th Hanover Street Cal:lisle, Pennsylvania, on the 13th day of March ,19.2.], at 9100 .a.m, at which place and time you will be given the oppol:tunity to pl:esent witnesses and exhibito in support of your case. By the COUl:t, ~~\~ Ilal:old E. Sheely, ,Judge Date of Order and Noticel 12/19/96 By I DiVOl:ce Mastel: 11' YOU DO NOT HAVE A LAWYEIl 011 CANNOT Al'rOIlD ONE, GO '1'0 on TELEplJONE TUE OFFICE BE1' FOIlTII BELOW '1'0 FlND OUT WHEllE YOU CAN GET LEGAL UELp. COUl:t Administratol: Fourth Floor, Eas t \1ing Cumbel:land County Coul-thouse COI:11s1e, 1'/1 17013 Telephone (717) 240-6200 . Testimony will be on tho issue of whethel: or not the parties /lI:O in 11 common law marl:l(Jge relot lonshl\l. .... SUSAN M. WOLF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v.. I NO. 95 - 6198 CIVIL I DWAIN 1(. McLAUGHLIN, . . Defendant, . IN DIVORCE . Notice of Filina Master's ReDort The report of the Master has been filed this date and copies have been sent with this notice to counsel of record and the parties. In accordance with P.R.C.P 1920.55 within ten (10) days after the mailing of this notice and report exceptions may be filed to the report by any party. If no exceptions are filed within the ten (10) day period, the Court shall receive the report, and if approved, shall enter a final decree in accordance with the recommendations contained in the report. ~t~~ Datel 3/18/97 E. Robert Elicker, II Divorce Master Note I If exceptions are filed, file the original with the Prothonotary and a copy with the Master's office. At that time, the party filing the exceptions should notify the court reporter in the Master's office so arrangements can be made for a transcript. Upon completion of the transcript and receipt of payment the entire file will be returned to the prothonotary's office for transmittal to the Court at time of argument on the exceptions. If no exceptions are filed, counsel shall prepare an order of Court consistent with the recommendations and provide a proposed order of Court to the Master. ":12.',':;.':,.:;.:,:,; ~~i'~',~~: ~~.. ~::~,;-: 1!'2~U tt~:\ Ui-" !fWc",.' }~,{;, E#.',(:'i' 1'::i,!!~r-_ ' 11.]:"}Ti:" ~:%l.-t ~~'~:' ~~::~i ;; ~ o/G,....,~4':~J"fiO"'b".. " ~ 01 r; - {5J ;l; ":a; '.) .~ I~ ..... J~ ~~ fL. 1 .J N {f;) N "J~ (l. )- d f!- .ol ~:'l :0: ..t 13 G; ~ u "_-<"";;;;,,,_i,';~ 1 ',~;,'-'t"",,';.!2,!' K~ff~ .,-,_,_<t~f,ff - '~';i:~;_~;iC ,,~,""- , ~'j-:",~ ---'~1f -'i:'.'Y":C"<:,- .....',:,. --J!C~~ -"" L T 'T"'" ~... ,.-"-'d-'__"-'-,~,~'.'_.~ --,-~,,,,,-,-''';'<",,,,,...,,...,,......-,..~..''~+'''~ L< SUSAN M. WOLF, IN THE COURT OF COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA CIVIL AcrlON - LAW NO. 95-6198 CIVIL TERM Plaintiff vs. DWAIN K. MCLAUGHLIN, Defendant tN DIVORCE .tJ ~ 9RDER AND NOW, this I1- day of June, t997, upon review of the Plaintiffs Motion to Withdraw Exceptions, it is hereby ordered that the court shall deem the Plaintiffs exceptions to the Mll5ler's recommendation and report dated March 18, 1997 withdrawn. Argument court on the exceptions which had been scheduled for June 25, t997, has been canceled. BY THE COURT cc: JlIIIIes J. Kayer, Esquire t.D1lt..... ~ Marcus A. McKnight, III, Esquire lil/4/f7 JA'l- for JUlie 25, 1997. Respectfully sllbm111ed, PROCEDURAL HISTORY A complaint in divorce was filed on october 27, 1995, by the Plaintiff averring that the parties were married by oommon law marriage on or about october 23, 1992.1 The oomplaint further stated that the marriage is irretrievably broken and the parties are proceeding under section 3301(c) of the Divorce Code. An answer was filed to the complaint by the Defendant on February 21, 1996. The answer denies that the parties were lawfully married and specifically responds that no marriage existed between the parties. The Master was appointed on December 9, 1996, and soheduled a hearing for March 13, 1997, to take testimony on the issue of the viability of the alleged common law marital relationship. The l'ear inr was held on March 13, 1997, after which the Master prooef',ded tn labke his findings and recommendation. F~r ease of iaentification of the parties, the Master will refEr to the Plaintiff as Susan and the Defendant as Dwain. OUESTION PRESENTED Was a common law marriage established between the 1. The testimony of Susan was that the commitment between the parties occurred on November 16, 1992. parties in this action in accordance with the law of the Commonwealth of Pennsylvania? CONCLUSION OF LAW A common law marital relationship, applying the standards of the law established in the Commonwealth of Pennsylvania, was not created by the parties in these proceedings. DISCUSSION The standards used by the Master in his review of the testimony in this case are clearly set forth in the opinion of the Superior Court in Cann v. cann, 429 Pa.Super. 234, 632 A.2d 322 (1993). It is instructive to quote the applicable paragraph in that case discussing the law in Pennsylvania on establishing a common law marital relationship. . . . In Pennsylvania, a common law marriage is a marriage by express agreement of the parties without ceremony, and usually without a witness, and verba de craesenti, uttered with the purpose of establishing a relation of husband and wife. In re Manfredi's Estate, 399 Pa. 285, 291. 159 A.2d 697, 700 (1960). However, common law marriage will still be recognized without use of verba de craesenti, where the intention of the parties as expressed by their words, is that they were married. In re Estate Stauffer, 504 Pa. 626, 632, 476 A.2d 354, 357 (1984). While cohabitation and reputation alone will not suffice to establish a common law marriage, they are relevant factors which a court may consider in determining whether the parties have entered into a common law marriage. Canute v. canute, 384 Pa.super. 60, 63, 557 A.2d 772, 774 (1989). 2 In November 1989 the parties began living together, separated in August 1990, and then resumed living together in January 1991. Dwain was employed by the Borough of Carlisle and in October 1992 lost his job and was ultimately accepted for a position in Scotts Bluff, Nebraska. Dwain had informed Susan that he had acceptsd a job in Nebraska and that he was intending to move from the Carlisle area. Susan expressed concerns about having to give up her job and health insurance benefits and having to leave her family with whom she had been in contact in Carlisle all of her life. According to Susan, with just the parties present during the evening of November 16, 1992, they made a "commitment" to each other to care for each other and to love each other. Specifically, no statement was made using the word "marriage" and throughout the course of her testimony, Susan used the word commitment. According to Susan the private conversation between the parties, which she regarded as a "commitment", established a marriage between the parties. Dwain acknowledged that he told Susan that he would help her with the cost of health insurance until she found a job and that he would help provide for her when they moved together to Nebraska. lIowever, he denied that he made any commitment or mentioned the desire to enter into a marital relationship during the conversation that the parties had about leaving the Carlisle area. 3 To further confirm Dwain's version of the conversation, earlier that evening a friend of the parties, Shelly Brandt, was present at which time she testified that she recalls comments by Owain that he would take care of Susan and her medical benefits, and with respect to marriage, that marriage might occur after the parties moved to Nebraska. Following the private conversation between the parties on November 16, 1992, which was related by Susan, no announcement or communication was made specifically to anyone that the parties were "married". In fact, Susan continued to use her maiden name; retained her health benefits through her prior employment for which she paid a charge, although benefits would have been cheaper to her had she gotten on Dwain's health plan through his employment if the parties were married; maintained her maiden name on accounts with the bank; and filed her income tax returns as a single person. The parties did own real estate jointly and had some joint accounts nut those accounts were set up in the individual names of the parties, with each party using his or her surname and not designating on the deeds and accounts their relationship as alleged by Susan as husband and wife. other elements used to establish a common law marital relationship are cohabitation and reputation, although those in and of themselves will not establish a common law marriage but are relevant factors. The parties were probably 4 cohabitating in the legal sense with the sharing of finances, owning property together, having accounts together, and sleeping together, but on the matter of reputation that the parties were living in a marital relationship, it does not appear from the evidence that a reputation of marriage wae established. No testimony was offered from any sources that the parties were known as husband and wife and there is even some question as to whether or not the families of the parties thought that the relationship was a marital relationship. No testimony was offered from family members or friends attempting to establish the reputation of the parties as husband and wife, No correspondence was produced showing that any mail was received addressed to Mr. and Mrs. Owain McLaughlin or that Busan was refer.red to as Mrs. McLaughlin. consequently, the reputation of marriage fails in this case and does not assist in supporting the claim of common law marr.iage. Even though the use of verba de praesenti is not absolutely necessary tc establish a common law marriage, the intention of the parties must be expressed in such a way to show that they intended to be married. In reviewing this testimony, the Master does not believe that Busan's belief that the parties made a commitment to each other arises to create a common law marital relationship without a similar belief by Owain that a commitment to be married was made on November 16, 1992. The Master believes that Owain stated that he would help pay for 5 . medical insurance and take care of Susan when they moved to Nebraska and, further, believes that he may have said that when the parties got to Nebraska they may get married. The Master does not believe that the parties established a relationship of marriage with a statement to each other that they were entering into a marital relationship nor did they make a statement that they intended to create a marriage even by words that did not include the word "marriage". Susan has the burden of proving the establishment of a common law marriage and based on the testimony that has been offered in this case, the Master does not believe that she has met her burden. RECOMMENDATION The Master finds that the parties are not married and did not enter into a common law marital relationship on November 16, 1992, or at any other time. consequently, the Divorce Code is not applicable to reSOlving any economic issues between these parties with respect to any property which they own individually or together. Respectfully submitted, ~jf).~..:1 E. Robert Elicker, II Divorce Master 6 VI. IIN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I 19!1-6198 I I IN DIVORCE I SUSAN M. WOLF, PLAINTIFF DWAlN 1(. McLAUGHLIN, DEFENDANT PRE-HE&R1N(I MEMORANPUM JlF DEFENDANT. DWAIN K. McLAUGHLIN I. Statement of C..,t The plalntitT, SUIIll M. Wolf, filed a Complaint in Divorce In October of 1995. Pmgraph four of the Complaint admit. that the parties were never leaally married, but that a common law marriqe occurred on or about October 23, 1992. The defendant, Dwaln K. McLauahlln, flied an an.wer which denied that any marril8e vows were eKchanaed by the parties. He alleae. that the partie. never held themaelves out to be husband and wife and always uaed their own name. In dea1lna with third parties. The parties did cohabltate within the Commonwealth of Pennsylvania and the State of Nebruka but that cohabitation was not continuous. The psrtles finally separated In early 1995. The parties did open a joint account and purchased a jointly owned property In Pennsylvania at 239 Lincoln Street, Carlisle, Pennsylvania and a residence at 2602 5th Avenue, SCOUI Bluff, Nebralka, The plaintiff seeks to establish a marriage in order to claim an Interest in real estate purchaaed separately by the defendant. Dwaln K. McLaughlin. The parties acknowledae that If there wa. no marrlaae, there Is no Interest by the plaintiff in the property acquired by the defendant In his own name. c.,.....<""'-"',-~.::'; "".- '1. The ADollcabte Law: The general polley in the Commonwealth Is that common law marriage is to be tolerated and not encouraged. In re E.'ate of S.aulTer. 504 Pa. 6161 476 A.2d 354 (1914). For this reason, and because common law marriage is a fruitful source of pe~ury and fraud, the law Impose. a heavy burden on the party alleging common law marriage. IlL In this case, the burden re.t. squarely on the plalntilTto prove tho existence of the marriage. In It. strictest sense, common law marriage Is "a marriage by express agreement ofthe partie. without ceremony, and usually without a witness, and verba de prauelltl, ultered with the purpose ofe.tabllshlng a relation of husband and wife." Cann v. Cann. 429 Pa.Super. 2341 632 A.2d 322 (1993). An Intention of the parties, as expressed by their words, Is sufficient proofof marriqe even though not in the present tense. 1d. a. 324. The defendant contends that .hey never expre.sed to one another an intention to be married. Cohabitation and reputation alone are not sufficient to establlsh a common law marriage. They are only relevant factors which a court may consider In detenninlng whether the partie. have entered into a common law marriage. !sh at 324. Two essential elements are needed for an Inference of marriage: Constant cohabitation and general reputation of marriage. '0 re E....o of ~ovalchlc:k. 345 Pa.Super. 2291498 A,2d 374,376 (1985). The cohabitation must not be irregular or Inconstant and the reputation must be general, not just partial or divided. Ia.D ,:....0 of Rce.. 331 Pa.Super. 22514110 A.2d 327. 328 (1984). The mere fact that the parties were known to a few people as man and wife is not sufficient evidence to establish marrlqe. Id& a. 329. Testimony as to general reputation should reach beyond the claimant's neighborhood In order to be legally sufficient to raise an Inference of marriage. 1d. at 330. This inference, once 2 proven il a rebuttable presumption. In re Eslale or Reel, the Superior Court found Ihal cohabitation which extended for Iwo (2) decades was not lumelent where the partie. failed 10 hold themselves out In general 88 married. 1III critical that a marriage contract be established. In re Eslate or Kovalcbll:k. 34!l 'a.Super. 229, 498 A.ld 374, 377 (198!l). It is critical that the marriage be .enerallv publilhed to the community In which the parties reside. This relatlonlhip in this case was "illicit and meretricious" In Its inception. An illicit and meretricious relationship is presumed to so continue during the cohsbitatlon of the parties. "That pmumptlon will be rebulled only If the consent of both parties to enter Into a valid marriage Is eltabUlhed by clellr lI11d cOIIl'lllcllt1l evidence." See Kovalchlck Id, at 377. The party clalmlns that the .tatu. of the relationship has changed from being illicit and meretricious to being legally valid, bearslhe burden of proving by clear and convincing evidence that a change In the meretriclousslatus occurred. IJI. at 377. In this case, Ihe plaintiff cannot meet thai burden. Upon applyinglhe facII oflhis case to Ihe law, the plaintil1's contention Ihala marriage existed between the parties mUlt fail. The partie. are then free to partition their Jolnl 88sell and conclude this mailer. 111. Wltnessesl The defendant, Dwain McLaughlin, will testifY concerning the actlonl of the parties and will refute any testimony regarding a marriage, The defendant will call a witness from Ihe Borough of Carli lIe to conllnn Ihat while a resident of Pennsylvania and a Borough of Carlille 3 employee, he was always known II a single man. The defendant will supply affidavits regarding hlsstltus while living In Nebraska. IV. E.Deli.: The only expert will testilY regarding the value of the jointly owned property at 239 Lincoln Street, Carlisle, Pennsylvania. V. Eahlblll: The defendant will supply copies of deeds, mortgages, and business records which all Ihow that the plrtles held themselves out to be single Individuals. VI. Intome Information: Income Infonnltion will be supplied by the defendant. VII. A..eta: The only assets for distribution are the joint personal property and the two real estate properties acquired by the parties as single individuals. The defendant seeks return of his personal property which Is attached hereto and marked as Exhibit "A". 4 AUG-OB-96 TUE 09:39 VAN STEENBERG LAW FAX NO, 3088323128 " EXllIlll' "^,' ASIETS AND IILOIfOIKOI CJI.:lI1,l" 6r.T .~ --... 11 All kitchen uten.ill lnclu~ing~tor~., .poon., knive~JQ1'hes, plltal. potl, plnl, etc. that were in thl premi... on ,.crusry 19. 1995. . 21 Microwave. '3) Sid. by lide ~.trig.~.to~. Corner ot.her items china. jewel-tea ware, all fostorla gla.s and ce~ner cupboard.) Kltchen tlbl and four chalr8. . "'~ FA'r"(,:" P"'1ItUJ V.rieue p.lntingl' nd ~throu9hout the houla. ~~,..\... 11,,\ \.Ll~Ic.MU.. t) Sofa, lovaRflIlt end Vic:t.cr1~n chair. f \ VariOUS end tables and ~f;ee ~ includiuII €u.. m~1l1&ine rick. - "'11~~,IH.C. n".tT. .7. collR te1evhiQn, nana ana VCR. 5) 61 \ll".... L/Jl.ll~ Am1 ---- tl All calletta tapRR. Rarlin Shac:k applifier. receiver and l!l)'eJ: !l10n9 with fou~ large Ipukera. . \1 Two floor ll~s. 13) ~ llrge pine dreller. (one With large 1 :;') m nor) :) 1)1 Hiacellanaous throw l'U",1 and ans rugs. 14) King 8he wllterbed, televislon etard an~ 19" color televluon. '1 ~r1an marble top uble;"Ctlf"''''''''''''llo\~''1 ) ~um...rollll boxes of articles never unpacked from the move tram -enr.s,lvenLQ containing valuablao owned exclusivaly by mysulf. / 171 All ~ew.lrv.~C~ raEors, personal clothing, shoes, and other peroonal articles. t<:Vo<JI.. A4 UTrt"..) 18 I Vacuum cleaner. OfH~ f""'E:.. 19) DUlt bUDter, ~O) 141sceHolnaCUG hand ~cclt too numerolls to r~ent1cn. HI power Ill'"" iLaul.. bew, twu .~;ll .ewo, elllctdc ",.ter O<,\K. ela). p, 02103 a H f ~ ~ ~ ~ Se ~ i ~S'16 ~. ~ ~ U P H .J H -~ 1 ~ p..t U .c J 1 ..... . ~ ' h ~ ~ ~. 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I ! ] i~ U H 8 Pi ~ h .. 's H "Ill ~ 1 P 5 -a -Ii ..d ~ ~ 1;' ~ h ~ ~ .so i ~ ...s E 8 .s l' 2 ~ ~ :: ~.. ~ J:!! il. i : .~ E -5 ii '~ ..." ~;; ~ w ! I ~. ..9 H 1 ~ H · j ~ n.H ~ ~ llln 3r n t ~ t C i ~ ~ r .~. h p : ;iiIil; ~iiiHH!}~1 ~1Hl ~ ~~ t ~Hl~g!~ti!fg ~ ~ ~l~.s.-ljRt~-'fJ~ ~1....S.f] ~g~....::e"-allla ].!l il !Jim: limmUiH ~im i, H a IHhilhW .-----. H g ,J ~ 1l Ii ~~ ti ~~.1 =!) !l r. l a! ~ ~s ~ ~ ~ i H~ll1~ll~ li'O e~ ]p. In, ~ '" I jj'~ ] th J -51 I l & .. . ... ,a 1 ;sz.~'.!:: ~...: ...:= ~... S I:;j 01 , t:.il~."'~_.~ ~'l 5;S-= ~ ~A~] .~ a ~ u ": ~ u..." a! l :e '0: .~ '1' t a, ~ ~. H V ~}] ~ -l! " G ! .! .Ii ~ ~ ..; e '~o! a!l, .~ ili ~q ! n.. ~'~~~ l~H~~~H ~] gt~ I ~i'~::i.l]il !!~i~H!~ ~~ ~ ~ I' Q.' ~ ~ :.E. .1; -~ .lll O.t' -0"; Ul ~~ ~ ,'"."" III I' .. u i ~ w ~ .. ~. ~- li . III III 'g ~ ; . c: -. ~ ~ E ,- ~ 8 ..... & '~. lIlil j 4 ~ '" ~ .~ ~ 'Ii .! ~ ~ ~ ~ i ~ 'lj '1 ~ f ~ <5 .. ~ ., ~ ~.g Ii ~ I '" ~ ~ III ~ E 11 ..; ~ ~a r.;.. ~ ~ .. ~ 'i G Q. '.E 'i ~ Ii ..'! .ilo: -.'..- e .sR~ 'o-l!-a..l-l! .'0 [1.~~~~~il.~:!.s~~ig~1.n~~ t; ~~H;~:~~1t~HlinH~ tl ~ ~tll.cH~~h~CI~~';;~H!", H ~gH~.;;]H~h~~jljj:h5'la 11 ~ ,-5. 'E ~ I .c' L: ~ t 1'1 "J ~ e " eg ~ ~ e . w ~ . sa ~ . ~ l! 5' i! .. i b 'J ~ -!l t ~..i1 r~ 1 ~. ~. '1 1:. ~ s ~ 1 ~ ." ~. J g ~: '0 1 ~.~ ~.JI ~ .: B ~ :9 ~ z ... . '- ~ ~ . "1' f;: ~ c.... - ~ ..... ..m f ~ . c ~ -;, I ....- i E ~ "C ~..c ... ~ -8 n ~ f t ~ a """ ~ 'U ~ ' ~l~l~~v~.~~~~nji~~ii~~ ~~~ ~1~~1~H!:HdI5j~i~;~1 ~; i I"' ~ ~ ~'~ ~ ~: ~ t B U ~ ~ ~ ~ ~] ~ ~ H 1 ~ ~ i;~' i~_ ~ ~ 1 : ~! ~! 1) ~ ~~~ ~ ~ ... ti -e. . _ ~ ~ . t ,< _; E E . ~ 5 ~ ~ n,.. _ . =' f.E c - . .!! ~ P. gl! 1l t. ~.. ~.l !li !' ~ ~ ~ ! ~ ! h ~ ~ ;, ~ ! ~ n ~r~' ! ~ ~. ~ ~ [ I ~ gi I H 1 ~~[ i ii ..f, ~ r,..! ~ n := ~ "' . " t' t:. ~ ~ C ~ - - t .., ~. C ~ ~ E (; ~ , 9 ~ ~ ~ - -," B. s.l< ~ ~ w I ~ Q _ L ~ ~ "' ~ ~ ~ ~ h ~ ~ "' h ~ ~ - 'H. ~n 'J ; ~5 ~ ~ ~ " ;;; ~. h -lda a - ~ 3. The averments of fact contained In paragraph three (3) of the Complaint are beyond the knowledse of the Defendant. Prooflstherefore demanded and the averments offict are denied. 4. The avennents of fact contained in parqraph four (4) of the Complaint are specifically denied. On the contrary, the parties to tbls action were never lawfully married before the Commonwealth of Pennsylvania or at common law. The parties maintained their own Identities, and never excbansed vows of marriase to one another. 5. The averments of fact contained In parqraph five (5) of the Complaint are admitted. There have been no prior actions ftled in Divorce since the parties were never married. 6. The averments oflict contained in parasraph six (6) of the Complaint are admitted. y~RlFICA TlOli 1, Dwain K. McLaughlin, do veritY that the foregoing Answer to Divorce Complaint filed on my behslf, Is true and correct to the best of my knowledge, information and belief. 1 undentand that false statements herein made are subject to the penalties of \8 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. II' Date: February J z,.. , \ 996 , IRWIN, McKNIGHT" HUGHES ~JRTIFICA TE OF st;P.VICE 1, Marcus A. McKnIght, \II, Esquire, hereby certiiY that on tbls date a true and comet copy of the Answer to Divorce Complaint wBllCrved by first-class United States Mall, postase prepaid In Carlisle, PeMsylvanla 17013, to the following: James J, Kayer, Esquire 4 East Liberty Avenue Carlisle, Pennsylvania \ 70 13 Attorney for the Plaintiff, Susan M. Wolf By: Dated: February ~ ( ~: 1996 _,~_,.,,,,._,,"o'._~-,.;...,,,,..'N'~'-:'.' .., ~ ~1I ~ '- N '0":; ~R .. ,::.. "'~- r;,~;~ ~~ u:: I .. ,I ~ .., n <)::'~ 1'-,' to . ..- ,.:::: I '~." ~ I .tq (-) ,-i. (~: iir-~ r= I. , , ",tlJ ...... ~,..u. 15 u:. " ~ -' en (..1 FiLI:T .o::nCF C7 y," , 'r,' ''''iPW S(, r:'(' \ iJ p.: ~~\ \ ,,!t CU1-/,~ .i1l.. : , , Fd~lb\'lV;~tf\ i' \ ., .......1"..... " -- ~"">;>".., - '( SUSAN M. WOLF, l'lalntlff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACfION . LAW : NO. 95. CIVIL TERM : 9-!' - IclQp : IN DIVORCE V8. DWAIN K. MCLAUGHLIN, Defendant COMPLAINT IN DIVORCE UNDER SECTION 3301Cc) OF THE DIVORCE CODE COMES NOW, Plaintiff, SUSAN M, WOLF, through her attomey, James J, Kayer. Esquire and avers as follows: COUNT I . DIVORCE I. Plaintiff Is SUSAN M. WOLF, who resides at 2602 5th Avenue, Scottsbluff. Nebraska 69361, who has maintained her domicile In Pennsylvania. 2. Defendalllls DWAINE K. MCLAUGHLIN, who resides at 2012 Avellue B. Apanmenl it I, Scottsbluff, Nebraska 69361. 3. Plaintiff has been a bona I1de resident of Ihe Commonwealth for al least six months Immediately previous 10 the ming of this Complaint. 4. The Plaintiff and Defendallt are married by vinue of conunonlaw marriage occurring on or about October 23, 1992. 5. There have been no prior actions of divorce n1ed 111 this matter. 6. Plaintiff and Defendant are nOI members of the United States Armed Forces. 7. TIle marriage Is Irretrievubly broken, und Ihe punies are proceeding under Section 3301(c) of the Dlvoree Code. ~: ("- 1-" WHUR1WORP., l'lulntlff requeNtN the court III enter Illlecree llf dlvllrce, ReN\lCctfully Nuhlllilled, . ~ERTIt"ICA1'E OF SERVICE I hereby certify that a tnle copy of the foregoing Notice IInd Compllllnt In Divoree WIIS IlCrved on Defendllllt, by Illrst class mall, postage prepllld, Certll1ed 1111111, restricted delivery, by forwllrdlng a tnle alld correct copy unto: DWllln K. McLIlUKhlln 1011 Avenue B Apartment *1 Scuttlblutr, Nebralkll 69361 Dated:.lO 130 .1995 ;..- _.~:.- .~~~~.',,-~:a:;. ':'o'c,'.-.i,,;_~-:;.,:-'''c.c -~. . .....~.....' , .- SUSAN M. WOLF, PETmONER I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA v. DWAIN K. McLAUGHLIN, RESPONDENT 95-6191 CIVIL TERM IN DIVORCE MEMORANDUM OF RESPONDENT DW AJN K. McLAUGHLIN The petitioner has ftIed a Petition seeking Protection from Abuse pursuant to 23 Pa C.S.A. 6101 et seq. The petitioner has alleged certain Incidents which occurred in the State ofNebruka In 1994. The petitioner has moved to the Commonwealth of Pennsylvania and has been a resident with lllid Commonwealth for a period of time believed to be in excess of nine (9) months, Throughout that period, the petitioner and respondent have had no contact, It Is clear that the respondent Is a resident of the State of Nebraska where he ia employed on a full time buis, There is no allegation that In the past year the respondent has threatened, harmed or abused the petitioner. In essence the petitioner seeks the extension of an old Order entered in Nebraska. In Pennsylvania 23 Pa C.S,A, 6108(b) limits the duration of a protective order to one (I) year. In Keith v. Keith, 28 D&C 3rd ..62 (191"), Judge Mueller at 465 held that absent a continued act of abuse mere fear was not enough to extend an existing Order of Court, Tbls walthe lime conclullon reached by the Court of Common Plou of Lebanon County In~,16 DAC 4th SO (1"1). Where In tbls ClIC the relpondentllves In another state and hu had no contact with the petitioner. Tbls petition fur the continuance of a Protective Order must not be lraated. Relpectfully submitted, Attorney for the relpondent Dwaln K, Mclaughlin Date: June 7, 1996 ,11)2 1,,'lIh \ ",'lIh .!H Il t\. l' ,Id courl holds in lhls case. lhal since l\1's, Bursolllni was a Pennsylvania domiciliary alt Ill' t Inll' of the ac- cidenl, she is remllled III tIll' hl'l\elits available un- dcI' lhc Pcnnsyl\'anla's No-fault Ad, For lhe reasons Sl't forth aIHl\'I'. Safcco Insurance Company's \llolion for summal'y ,judl!,\llent is !!,rallled, OHDEH And noW, Fehruary I Ii, IDB.\. a\'tl'r consideration or argu\llents of opposlnl!, counsel. the motion for summary ,judl!,mellt of the additional dct'endant. Sarcco Insurance Clllnpall\', is !!,ral\ted amllhe case against Sareco Insural\ce Compan\' Is dismissed, -..---.-- Keith \', I\eith IIU"/UIlIf/'II'I/i' .'- I'mlnl 1111/ I",'" .\/1/1,'" lId - E\I.'II";I/II oj'ol'dl'I' __ COIIIIII",'d II/l/I,'" - Chlll/II'II ill ..1",,,,- /l/'lJ\ilr1illl 10 Jill/ll'I' _ SI /'I'"'' ,Ji'li/' II ".I 1'111111 ,,,,,,,I ", /'Ii/I/ 1'111/,"-.1 - ",\/m"I''' fOllSll'Ul'd I, Allortlel' 11I1.ll-1' IIII' 1'1'l11"I'lillll rl'lll11 ,\hllse AL'I. :~5 I',S, ~ Ill1HI el seq" Illil\' II III Ill' ,.\tl'lllktl h,'\"lIlll il Illle-wlIr period II' 1I11 Illlll'r aL'ls 'II' .lhIlS", ilS ,"'lilll'tI III IlIill :\I't. Ill'l'ur, 2, Wbl'"\ll'illl!. III dll"'" prll\i1l1il\ III tlll'lr rather \I1l1Y 1'1Iuse IIIl' 1'II\1t1I'l'1I slr<'ss, kill' 1I11d 1'\I1lllillllill ..,ll'ilil1. 111 is tI()(~S 1I111 rise III till' 1l,\'l'Illr ahllsl' ""'i1I1''' 11111"'1' till' Prllt,'clillll I'ro\l1 Ahuse Act. :\5P,S, ~I()IHI 1'1 St',!, pelitlon for extl'lIsiol\llf proll'clion frllm abusc act order. c.\', of Lallcasll'r C'OUl\t\', Illl. ,18. pap,e 83. H ie/III rei A, 1\11 I:, for plalntlll. t\. i\/ltl/tIl/!fI\iIlUlS/\il', for dekndanl. " l\IUELLEIL'/.. .1.IIHlar\' 17, IOB.I-Presently bf fore lbe courl is till' IH'tili;IIlIlI'Tlwlma l\\. Kellh,o, ,Iii:! I beh. Keltl' abu!- l 110m lhe I' had ~ dale~ i no a. limc, sel, hara~ lhelr sponl sault. conu wiLh two y sault. involl years On tensio anoth. are sU his pa tel's. Plivile pursw Perezl incide were J that e upset. Onl tennin live on sive tet ". I.., I,t .", --'ll;" \ ';'';1 I behalf of hcr minor daul!,hters. Kalh\' I.. alld \.isa i\\. Keilh. seckinl!, an order eXlellllinl!, a protl'l'lioll IrOlll abusc actordcr oll'\o\'l'llll11'r 1 H, 1 qH~ lor all ;\lldi- llonal olle year period, TIll' origillal pl'titioll alll'!.!,l'd lhc childrcns' lalhel'. rl'spOlldl'llt Ilarold L. t,dth, had sexually ahus!'d hotlt 01' till' dlildn'll on \'arious dalcS. alld lhat lhe\' wcre ill It'al' olltim, :\ltltoUl!,1t no actual hearinl!, into lltl' allllSl' lll'l'U\'I'I'd at lltat timc. an order was cllterl'd, hy a'.!.I'l'I'I111'llt tlll'Ollll' scl. prohihiting respondellt Il'om Iltn'all'llilll!, 01' harnssinl!, his lIaul-!,hlcrs alld I'xcludilll!, Itim II'Olll thcir residencc for OIlC \'l'ar. Oil i\larl'll -;-, IHH:\. 1'1'- spondcnl p!l'aded I-!,uilt\' to chal'l!,l'S 01 illdl'll'llt as- sault. inyoluntar\' dc\'iall' sl'xual illtel'l'ourSl', alld corruption of millors. arisi I H!, 1'1'0111 sc\cral illcilkllt s with his daul-!,hlers. HespollCkllt \\as selltl'llCl'd to two years prohation on till' cltarge III illdl'l'l'lll as. sault. six to 2:~ monlhs ill prisoll alld a S~()() lille 101' involuntary c!l'\'iall' sl'xual illtl'rUllII'Sl', and t WlI years prohation on tltc COI'l'upliOllollllinors cltar!.!.l', On Novemhcr J.I. \DH:-\. pl'titilllll'r sougltl all I'X- tension or lhc protectioll frol1l ahllsl' act ol'dcl' lor anothcr one ycar period, alll'\.!,illl!, tltat lltc childl'l'n are slill ill \'car OII'l'SpOlldcllt \\ho 11(1\\ rl'sides \\ith his parcnts, lhc pall'rllalgralldpal'l'llts olltis dalll!,lt- leI'S. Thc patemal l!,ralldpal'CIIlS It ,1\ I' \'isitati(11l privilegcs with lhc childrclI Ollt' Saturday a \1lllnllt pursuallt to all ordcl' Clltl'I'l.d 11\ .11Idl!,!' i\1il'ltal'l .\' PerezoUS, PC'litionel' allcl..!.l's tlll'l'l' \\'1'1\' Sl'\'l'l'al Incidenls durin!!, lltl' \'isitations \\1t1'11 lltl' lhildl'l'\1 wcre placed ill c10sc proximity to 1'!'SIHlIllklll. alld that each timl' lhl' c1lildn'll hl'laml' 1'\1loliollally UPS!'!. Oil Nll\'I'\1thl'l' 2H, HIH:1. a ltl'ariIH!, \\;IS Iwld to dl" termine wlwltwr llll' pl'titioll tOI'Xll'lllllltc PI'Oll'I" tive orller should hI' !.!,ralltl.d, 'I'll\' l'oul'lll\'al'd I'Xll'lI- sl\'(' testimony fI'0\1l1Itl' I-!,irls' n1ll11tl'l'. lltl' lWO I-!,irls, ;;< , .. , J , \I j.1 _!~, II I'\. t ~d I" '1111 \ I" '1111 i1ll,l'S 10 ,1I1l1 I~, tlll'll' CiI!>L'\\'llI'kl'l' ilt thl' l."llcastl'l' Clllll1t\'l'llIld\'l'1l ,llld YOllth Social Sl'l'\icI's :\l!,l'IlC\'. tltl' l '.ISI' \l.lllill!,I'I' ,It 11ll' 1..IIII'a!>ll'r (;lIldillll'l' cI'llll'!'. till' l!,irl!>' patl'l'llal l!,r,ll1dll10lhl'l' ,llld \'1'- spolldl'lll. ,\1 111l' 1'l1l1dll!>1011 Ill' tlth II'stilllllll\' Ihis cll\ll'tonlc\'l'd thallollll!>l'l !>1I1l111l1 Ill'il'rs COIIl.'I!\'I1II1J.!, two h!>lIl'!>; , II \\ 11l'111I'1' .111 onkl' lllllkr thl' Pl'oteL'- liOI1 I'l'lllll ,\llIl!>I' ,\ll. ,{,"j P,S ~ IOIHII'I !>l'q.. Illa\'lle extellllt'd hl'\olld ,I 1)111' \1',11' pl'l'lod il' 110 IlIhL'1' ilcts or allll!>I', ,I~ IIt'lllll'd ill lltilt ,\1'1. Ol'L'UI': ,llId (:2) wl\l'tlll'1' till' 1'\ idl'llll' ."tllIllllll'd .11111l' hearilll!, Itl'ld :"Jll\ell1lJ1'I' :2H, I 'IH::' I~ .,111111 11'lIt III I'stalllblt alluse willtill till' dl'lllllliOIl or tlt,lt \\onl ,llldel' lite pro- tectillll 1'1'0111 .tllIl.,I' ilvl 1'01' plll'pOSI'S 01' l'lItl'1'1l1l!, all order l'xtl'llllilll!, till' OI'll!,lllitllJl'lII'1' Ill'\'OllllllllL' \'ear, Bril'l'!> 1t,I\ Illl!, Ill'I'll Iilt-d, 11th IllallL'1' h pl'Opl'rly Ill'lill'l' till' llllll'l lor dhpllslllOIl, .\t'tl'l' 1'.ll'l'IlIllllllsidl'l'illlllll ol,tlllcl!,al al'l!,Ul11el1ts. till! COlii'I I., 1I11i11l11' to l'xtl'lId till' Ill'dl'l' IIllder the protl'ltloll 11'0111 ,tllll.,I' ,11'1. ,\S 10 till' lirst Issue. Sl'l'tloll I () I Hlllll I .,LIIL'S Iltat ",\IlV prlltl'ctiol1 order 01' i1ppl'll\ I.d 1'llIlSI'llt ill!,I'l'l'Il11'11I sltall hl' I'llI' a IIxed pel'iod 01' til1l1' 1101 tl) l'xI'I'l'd Olll' VI'ar, Tlte cOllrt l11ay al1ll'llIl lis ordl'l' III ill!,\'l'I'I1Il'1l1 ill .111\' lillll' IIpOIl sub- seqllelll Ill'lilioll IIII'd 11\ l'IlI11'1' PilI'lV," ,\Itltough at IIl'st l!,lilllll' till' t\\l) dallSl's Ill' litis sl'l'llOI1I1Hl\' seel11 ilTl'lllllcilahlt" till' SlIpl'l'iol' ('0111'1 Itas stated that "all\' ...1 II' It Ill'dl'l' l'IIII'I'l'lI...ltalllt,l\l' 111) drl'ct bl'\'olld IJllL' \1',\1'." ( ipolla \, ('ipollil, ~li,1 PiI, Slllll'r, ::;:{, 5;), I'll. I ' 1'I7'!. I'Ilh lOlll't is Ilot ill lilll,rt\' 10 l!,l'illll illl I'xtl'IlSilJlI ,lIlSI'1I1 a sltll\\'illl!, 01' I'olltllllll'd abuse, TIll' 1'1 1I11'1 's illll'lltilllllllllslltll'IIS 11I1 till' SL'L'llllll Is- Sill', \\'1t1'l11l'1' till' LII,ts pn'sl'IIII'd ,It tl1l' Ill'al'llIl!, in this IlJ:llll'1' an' slIlIkit'lll III l'slilhlislt "husl' \\,ithin tltl' dl'IIIllliOIl or tllilt \\'Ol'd 1I11l1i.1' llll' pl'll\l'l'lllltl 1')'0111 allllsl' ill'l, \llIdl'l' till' {\l'l illlIlSl' Is defined. iIl- tl'l' i1lla, ,IS "sl'Xllilll\, i1ll1ISilll!, IlIltlOI' children as iue, del' Ked nay ub- I at em hat 'nd 35, an -"c. .-:; " ,~; .,." " I; 'fj <ii' #,' l 4tl:.! llllll,J) I deflncd pursuallt to the Act of Novl'mhl'r 2(j, I D7G (No. 12,) )", knowll as till' <. 'hild Protecli\'(' St'rvices Law (II P,S, ~22()ll't st'q,), :~;l (l.S, ~1()IH2(lii), That law defines "child ahuse" as "sl'rious physical 01' mental injury which is Ilotcxplaillt'd h\' tht' a\'ail- ahle medical histor~' as helng accidcntal. or sexual ahuse or sexualcxploilatioll , , , of a child ullder I H years of age. , ,". ] I P. S, ~ 22m, Although 1I1l' l'ourt has 110 douht \\'hatsoevl'r that heing in closl' proximily to rcspolldt'11l has causl'd the children stress. fear alld emotional slrain, we are unahle to filld that these incidents rost' to till' Icvel of abuse as defilled under the applicahle law. In light of this finding and our decision that the protective order of Novemher I H. I DH2 nlll~' not he extended beyond one year, the courl is ullable to grant the pclition for extension of the proteclive order, Allhough constrained hy the applicahle slat- utes from ordering an cxtcnsion. thc court leels strongly that the teslimol1\' at thl' NO\'emhcr 28, 198~3 hearing estahlished Ihat il would he cxtremcl\' detrimcntal and perhaps dangerous to lhe t\\'o girls to be forced to be near their father no\\', They need more lime away from him to resol\'e their feelings and conlinue the thcrapl'ulic process, The coul'l would hopc that respondent and his parents would not act in an irresponsiblc and callous lIlanller, To that end, the coul'l strongly recomlllends thalcoun- sel for peliLioner pursue other a\'enues to insure the prolecLion of lhese inllOccnl girls, OHDEH And now, January 17. I DH,I. lJl'tillon IIJr extl'nsion of order pursuallt to lhl' proll'ctioll frolll ahuse act enlered Novemhl!r I H, I UH2. is hcreby denied, ~ll~U1 !~ 11,~&1! 15~ -= I i t:1i '~ ~ '~~'O~I ~g 1"6 III "0 ~ nd!t H~- ! iHt! H H Ii t ~ ., ! .~ ~ ~ .s Jl l ~ li ~ 0 ! ~ i~I1'Og, 9tj lJ.;~ 1 tf 8 p 'E~ Cl ~ i ~..:(~ '0 '" 'g ~ ~] ~ 0( i l: 'II ~ ~ '"' ~ " . , "0 .! " ]~ 9 H ;~~ ~ e~.i~~~]:'~ ~~A ,g~a~o " ~..1Il 5 .~';l_ 8. ~ .. 8 ii: ~'i5 tj.Jtl .!!l - - .s ~ 'i! VI ~ ~ B ~ ~ i a l5 ~ : ] ]5 ~ ~ i "0 rf ~ ~ .~ a ~ ~ ...: '1 II .!!l ! 6 "-e ...I 15 ] Jj B Ia . 'I' M > .!!l :s l~ r::-5 t'-l:l~"5 ~ all g oi"O"5 ..... I ,13 ~ Ii P; ,Ii! 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J .~ ~ 5 & 0.. ~ ,8 'ii ,5 -g 'L ~ u .~ B 0'- rJ a 't:I ,,:0 ~ '" :~[ I; '= ~ ~ := ~ '8 ' Ii ,g '5 "', !E j! li I" a a:::g; llJu l<'5"fisi3 0 .s Ii :a o '- '- u .. Ii ":; U 't:I 8 13 0 '.. ""'t:I '- '" 0 -5 ... ~ 0" '- .t::- u d-8~ ~ C.Q - ,--~o n. 8: t! ' ~ ,8 ~ Ii,g .9 ", 0 ~:: -< M ,~ ~ !g~' 0 - 0 IJI ~j ;; ~ :E.!i ~ '0 r!:~ '0 5 ~.s n ti ~ Ia m .:f 'S 0 J .. 0" .c, ~ ,- ~ ... I 'E . - 'g. ~ , II,; j:;' .c ~ t:i ,!!l Y ~ ~ ~ 0 E'S ~ 1I C/)'~ ~ '- >. 0 0 ~ ,_ ~ 0, C/) fi ,~ 'B. a o .0 C/) :;.. ,_ " il c 0 Iri:l! /j t ~ 'H .!'i [ ... .s ,5 .~ ~ ~:~ ,5 'g 11 ~ll ju.c-5i5'( .ss 'Q.'1il J;5~ j~" .! !HeiH! ~E!HH r l~ ' !~S 't:I 'Q..!!l ~1~1 ~ f J ~ ~ 1 ~ f ~ ;'~ j,~;,g ~ .E a ~ .s ,~ f ~ ~ ' Q. \0 ,5 'i 0 '::l H 't:I ..!! ~ Ii .S 5 'Q. I , worked previously for the Borough of Cllrlls1e, He wus hired hy Ihe city of Scol\s Bluff for u specific term, said tenn is believed to be ending wlthlnlhe next four to six months by Pelltloner. '11e I'elltloner believes that Ihere Is u sufficient nexus betweenlhe Respondent and Cumberland Connty, I'ennsylvanla to justify her fear that the Respondenl muy follow her to Ihls urell, II - ARGUMENT In order to obtain u prolective order under 23 I'A. C.S.A. Section 6108, the Petitioner mUh1 show that the Respondent has engaged In misconduct us specified Inlhe Protection from Abuse Act, that the Respondent and victim are family or household members, und that the Respondent satisfies the Act's Residency Requirements. It Is the Petitioner's posllionlhut these three conditions ure fulfilled and that It Is appropriate for the conrt to gmnt the relief requested. TIle Respondent has repeatedly und Inlentionally cuused bodily Injuries to the l'laintiff. He has placed her In fear of eminent serious bodily injury by threatening to kill her und through these prior Instances of abuse. Both parties hllve lived together In u common household for II period of nearly six (6) years and have lived together liS spouses with respect to 23 I'A. C.S.A, Section 6102(lI). Yankoskle v. Lenker, 526A,2d 429, 363 I'll. Super. 448, 1987, As the Pllllntiff hlld to nee the lah1 common residency to escape lInd llvold further physic III llhuse, Ihe resiliency requirement of 23 I'll. C.S.A. Section 6103 Is ulso fulfilled. nle primary goal of the Protection From Ahuse Acl Is not retrospective punlslunenl, but rather, the advance prevention of physical IIml sexullI IIhnse. See note 5 of I'unlon's to 23 I'll. C.S.A. Section 6101. As Respundent Is In eminent dunger uf being ubused by l>efellllunt evenut her current residence In Pennsylvunla, u final order is necessury to prevent this further occurrence of vlulence or the threatening of serious bodily Injury. 23Pu. C,S.A. Section 6103 specit1cully sets furth the right to relief under this Chapter shull not be affected by the Plaintiff leaving the residence or household to uvuld further ubuse. 11le purpose behind this significant 1988 umendment to the stutute wus to ellminute the requirement thut "both purties continue to huve legal uccess to the resldcnce", Since the umendment, 1111 thut nced be shuwn Is thut the parties to the action are, or were, family or household mcmbers us defined by the Act. TIle fuct that the Petitioner fled the household where ubuse wus occnrring shonld nol IIffect her right to the commencement of un action under the l'rotectiou from Abuse Stutule, Rule 1901.1 of the Rules of Clvlll'rocedure, pertillnlng to Venue, rellds In pertinent part, "except as provided In subdlvlslon(b),lIn action for l'rotl.:tion From Abuse cun be brought In II County in which (I) the plaintiff resides either temporary ur penl1uneutly, or is employed, or (2) thc Defendant may be served, or (3) the ubuse occurred," Subdivision (b) of the Rules Is concemed solely with thuse CllSCS In which exclusive possession of the resldeuce or huusehold tllthe exclusion of the Defenduut Is sought. TIle Act, lIud the Rules uf Civil Procedure uppcllr to recugnlze thut there me elrcumslllllces where the victim has to escupe to IllIother county, or even unolher stute lu order 10 prevent further ubuscs by the Defendunt, 111ere Is precedelll to estnbllsh the concepl tllllt I'ennsylvunlu hus recognized the vlllldlty of Interstute protection frumlllmse sllnutluns In the pust. A prime exumple Is whllt hus occurred previously t' , i In the Instant cuse. TIle l'rotectlon Order thut wus Issued by the state of Nebraskll which hus since expired, was regl~1ered with the Pennsylvunlu Court of Common Pleas pursuunt to 23 I'u, C.S,A. Secllon 6118 pertaining to the Full FlIlth und Credit Cluuse. TIlls Section of the Act iudlcates lhatlhe drafters of the l'rotectlon From Abuse Stutute recognized thut there would be situutious where I'lulntlffs, even after relocating out of their Initlul ~1ate, huve u slllnllicllnt reuson to be seriously concemed ubout further bodily Injuries from u ubuser, purtlcularly If there Is u ~1rong degree of probability that Ihe Defendant has reasons 10 come to the Conullonweulth. Waiting until the Petitioner Is Indeed abused again by the Respondent before granting a Protection From Abuse Order, would be diametrical to Ihe purpose of the act, which Intends to udvance prevention of physlculuud sexuul ubuse, rather Ihan punish after the fact. III - CONCLUSION nle Petitioner has e~1ubllshed thut there huve been ucts of vloleuce und threats of abuse In the past to such a degree that the state of Nebrasku has previously Issued u l'rotectlon From Abuse Order against the Respondent. TIle Petitioner hus ulso established thut due to the significant contacts that the Respondent has to Cumberland County, she hu~' u legltimute feur of emluenl serious bodily Injury. nle parties are currenlly Involved In u tense divorce cuse, TIle purtles ure ulso co-defendants to umortgage foreclosure actlou which hus further Increused the tensions between the purtles. TIle purtles co-own property In Peunsylvuniu. l11e Respondent c1uhlls thut the I'etltloner possesses Items of personalty Ihut are In fact his. lucldents of ubuse huve occurred In Nebruskll when the purtles cohabited In that ~1ate as well as in I'ennsylvunill when tlll~ purtles cohllblted III tllllt stute. No uuthorlty exb1s tllllt specllicully uddresses this issue. One must look to the intention of the drufters of the Act and the lungullge of the Act and Rules of Clvlll'rocedure In Interpreting whether this court hilS upproprlate Jurisdicllon. Denying jurilidlctlon on the basis that no recent acts of abuse have occurred In Pennsylvania subjects the Petitioner to a situation where she must live In eminent fear of hann WId not obtain relief available to tose who are sltnllarly situated until she has actually be physically beaten or threatened locally by the Respondent. Such a decision would nlll cOlllmry to the very purpose of the Protection Prom Abuse Act. Respectfully submitted, KA YER & BROWN Date: flu/11> SUSAN M. WOLF, Plaintiff : IN THE COURT OF COMMON PLEAS OF ; CUMBER~D COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95.6198 CIVIL TERM IN DIVORCE V. DWAIN K. MCLAUGHLIN, Respondent ~ AND NOW, this 18th day of April, 1996, at 11:00 A.M. the matter having been called for hearing and Plaintiffs counsel not having received proof of service on the Defendant, the matter Is continued until Monday, April 29, 1996, at 9:00 A.M. for a hearing. At a conference In Chambers with James Kayer, Esquire, attomey for Plaintiff, and Marcus MoKnlght, Esquire, attomey for Defendant, Mr. Keyer represents that none of the alleged violations occurred In the State of Penn.ytvanlai at our hearing on April 29, 1996, counsel are directed to fumlsh briefs dealing with this question. By the Court, J James J. Kayer, Esquire Attomey for Petitioner _ (1~~Jll_,j ;,llt1..J.,{ '//0 1ft, .If, Marous A. MoKnlght III, Esquire Attomey for Respondent ,~. \ , ' I r. \ ' .. -. .: '; \', , i..' . " ~ J . ~ . .' . ,.." SUSAN M, WOLF, PLAINTIFF v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSVLVANIA : : CIVIL ACTION - LAW : DWAIN K. McLAUGHLIN, DEFENDANT 95-6191 IN DIVORCE PRAE,-.PE TO t:~TER A~ ~PPEAIt\NCE To: Lawrence E, Welker, Prothonotary Please enter my appearance on behalf of the defendant, Dwain K. McLaughlin, In tbls CIIC. Respectfully submitted, IRWIN, By: Attomey for the defendant, Dwaln K. McLaughlin Date: December 18, 1995 ............- , , \' gRTIFICA TE of SERVICE I, Marcus A. McKnllht,lU, Esquire, do hereby certiiY that I have lerved a copy oftbls Ently of an Appearance by first clus United Statel mall, pOltllle prepaid In Carlisle, Pennsylvania, upon the plaintiff u followl: James J. Kayer, Esquire 4 Eut Liberty Avenue Carlille, Pennlylvanla 170 \ 3 Attorney for the plaintiff, SUllO M. Wolf By: hi!tC- Date: December \8,1995 " ..,i.i}.'~~""~'Lr' , , SUSAN M. WOLF, IN TIm COURT np COMMON I'I.EAS OJ! CUMJlElU.ANI> COUNTY, PENNSYLVANIA CIVIl. ACl'lnN - LAW N(}.l)~-()Il)R CIVIL TERM 1'llIllI1iff vs. DWAIN K. MCLAUGHLIN. I>cfcmlllllt IN D1VOItCE ,Ui"IDAVI1' m' SERVICE BY MAIL J'URSUANT TO I'll. R.C.I'. 1910.41111111111I :r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ : SS, :, ~' I, James J. Kayer, Esqllire, belllg dilly swont IIccordllllllolaw, delKlseS alld says thai he Is the allomey for plallltlff, SUSAN M. WOLF, 1111I1 thai he did serve II tOle ond correcl copy uf the Complaint III Divorce thol WIlS med ill thc llhove mllller, by U.S, MlIlI, po~1alle prepalll, certified with restricted delivery, retllrn recelpl requested, 111110 the IJefelldllll1. DWAIN K. MCLAUOHLlN, 011 November 4, 1l)9~. 111e recelpl fonn Is IIl1l1ched hereto as Exhibit "A". ( >-'t-~ Swunt to IInd slIbsc;ribed bef\'rc mc Ihls ( 'I dllY of November, 199~. , c" elM C--.L.{ J'\A.ill.C'--)n \ Nlllllry Puhlic NOT A~ SEAL IlEHISE S\ _", IARl PUBUC CARum Be'i'.. CUMB(RlAHO COUHH tAl COM"''' C'. HP,RtS oel. 28. 1~9G h1lmbl'. ' . .:\.In'l AIIt,illilR ,I H.llfIIl 1 J/ VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL AC'TION - LA W : NO, 95.619!l CIVIL TEI{M SUSAN M. WOLF, I'etitloner \)WAIN K. MCLAUGHLIN, Respomlent : IN DIVOI{CE TEMPORARV PROTl<:C1'ION ORm:R UNI)ErnROTEC1'ION "'ROM Anus..: ACT" AND NOW, this f dllY of April, 1996, uplln mollon of James J. KlIyer, Hsqulre, attorney for petitioners, und upon conslderutioll l,f the within petition for relief and further, upon petitioner's showing during an ex purte proceeding 10 the Court's satisfaction that there Is IIn Immediate and present danger of abnse to the petitioners, the following Temporary Protection Order Is hereby entered: (a) directing the respondent to refruin from pll1cing Petitioner In fear of IIbuse; (b) restraining Respondent from entering the Petitioner's premises; (c) res1ralnlng Respondent from threutenlng to Injnre or kill the I'etltioner through the use of telephone calls; (d) und such olher relief us your Honomble Court may deem appropriate lind/or necessary; TIlls Temporary Protection Order shull remain effective only until the date of linul hearing on petitioner's Petilion for Relief which shull be lixed wilhln ten (10) days of liling of petilioner's Petillon. A tme and correct copy of this Order shull be made on respondent by the Sheriff or by a competent adult In the slime munner liS II compllllnt in un uctlon In equily. A true und correct copy of the Order shall likewise be sent by certlliellmull, return receipt requested to the Curlisle Borough Police und the Pennsylvunill Stutc I'ollcc, which hilS IIpproprillte jurisdiction to cnforce this Order. A violation of this Oilier ma)' subject the vlnhulng pllrt)' In punlshmenl fnr contempt. BY THE COURT: J. ra Ff) -OFFICE (,,- '1'" , ',Y"....,'I'['r.( _I' ~,' ,; ".' .' .i J\ % TN -u \';\ 1,120 cu.,:,.:,..' >,.' L'.l~;.ll I.iENNS'I'e//J<v\ SUSAN M. WOL\I, I'etllloner : IN THH COURT 0\1 COMMON PLEAS 0\1 : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LA W : NO, 95.6198 CIVIL TERM vs. DWAIN K. MCLAUOHLlN, Respondent : IN IJIVORCH ORDER FOR HEARING UNI)ER "PROTECTION t"ROM ABUSE ACT" /'n AND NOW, this H day of April, 1996, uponlllotlon of James J. Kayer, Esquire, and upon consideration of the within Petition far Relief, a hearing thereon Is schednled for the (6 fV'.. day of _~, 19!1f at .-if.' tf) o'clock &:m. at f?1-u/1l1.n:~ ' nle respondelll Is hereby advised of the right to be represented by cOllnsel. Service of the petllloll IInd this Order for hearing on respondelll shall be made by the sheriff or a competent adult ill the SlIlIIe manner as a complaint In an action In eqully. J. cc: Marcus A. McKnight III, Esquire ) Attonley for Respondent ( (( ('t / ( l j'1\'~ ,-Ct tt., Dwaln K. McLaughlin j 4 ~ rb Respondent James J. Kayer, Esquire J Auonley for Petllloncr ')1 coLI 1 t { ,LV\)J~ { L tj r 'I ~ I I I I , I I, [ SUSAN M. WOLF, Petitioner : IN THE COURT OF COMMON I'LEAS 011 : CUMBERLAND COUNTV,I'BNNSYLVANIA : CIVIL ACTION - LAW : NO. 95-6198 CIVIL TERM vs. DWAIN K. MCLAUOHLlN, Respondent : IN DIVORCE I'ETITlON FOR RELIEF UNDER PROTECTION FROM ABUSE ACT TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of SUSAN M. WOLF, by her attomey, James J. Kayer, Esquire. respectfully represents: \. This petition is l1Ied pursualll to the "Protection from Abuse Act" P.L. 1090, No. 218, October 7, 1976,35 P.S. Sections 10181 et seq, and 1978 Amendments thereto, Act No. 1978-8\. 2. The Petitioner is SUSAN M. WOLIl, who, due to her concerns for her physical well belnll chooses not to reveal her current residence. TIle I'etltloner does conflnn that she resides within Cumberland County, Pennsylvania, 3. nle Respondent is DWAIN M. MCLAUOHLlN, who presently resides at 1818 Avenue 0, Scottsbluff. Nebraska 69361. 4. nle parties are husband and wife, by virtue of common law. TIley are currently in the process of a divorce which has been l1Ied In I'ennsylvanla at Docket No. 95-6198. TIley have been separated since March of 1995, 5. Respondent has abused the petitioner In that: a) In May, 1994, un Incident llcl'nrred at the parties' home In Nebraska, After ullltated shontlng, the Respondent broke u number of beer hottles allll threutened to Injure the Plaintiff with the shurp glllss of the broken bottlcs, two dllYs IlIt.lr In II scpllmte Incidcnt, Respondcnt thrclltencd 10 kll1 I'etllloner IInd liS pctltioncr WIIS tulklng III 911, the police IIrrived 011 the scene. b) In December of 1994 lifter II hellted nrgumcnt, the Respondent broke the telephones wllhin the Jlunles' home IIl1d Ihrelltened to hll her wllh these phones; c) 011 Murch 28, 1995, the Petitioner tiled with the District Court of Scotts Blllff County, Nebraska all application und affidavll to obtain protection order. As II result of thllt application, the Nebraska conrt ordcred a Protection Order, whose tenn hns just nlll out; d) On October 25, 1995, the Respondent vlolllted the I'rotectlon Order by IIppellring at the Petitioner's home and destroying u number of lIems of personlll property belonging 10 tenants renting the facilities. While he WIIS thcre, he mllde verbulthreuts to the Petllioner. It WIIS necessary for II local law enforcement official to IlIke the Respondent away from Ihe residence; e) TIle Respondent has foliowed the Petitioner on numerous occasions liS a means of Inthnldatlng heri o TIle Respondent becomes freqllently ugllated IInd demonstrates intense wlger and rage when In this state; g) TIle Respondent has slgnlticllnt ties to this area due to his ownership of property, and growing up in the area localiy. TIle Petitioner believes that there Is a strong likelihood that the Respondent woulllmake the trip from Nebraskll to this IIrell, partlcnlllrly liS there is pending Iitlglltion In this Honorllble Conrt pursnllnt to the divorce; h) TIle Petllioner believes IInd therefore livers tlmt she Is in immediate IInd present danger of serlons IIbnse from the Respondenl and tlmt she Is In need of l'rotectlon from Abuse. VE\WICATION 011 I'LEA III NOS '11e foregoing documellt Is husl'd upon IlIfonlllltioll which hus heell gUlhered hy my counselulld myself In the prepllnllloll of this ucllon. 'nlc IUllguugc of Ihc dOCUIIICIIIIIIUY, III pun, he the lallguuge or my coullsel IInd nol lilY owu, I hllve reud the stlltemcnts made In this document IInd to the exlenl tlllll It Is hused upon Infonllution which I huve given to my connsel, It Is true und correct 10 the hest of my knowledge, Infonllullonund belief, To thc cxlelll thul the contents of the statements lire thut or counsel, I hllve relied upon counsel In making this Verlficallon. I understund Ihul fulse slulemenls herein lire mudc suhject 10 the penullics of 18 pA. Date: ~L \'\'\11 ,~ ~ C.S. 6 4904, relating to unsworn falslliculionlouuthoritlcs, ! I ,..~~".-+-.~.--~.-,-,.> {;ERTIPICATB OF SERVICn I hereby cel1ify Ihal a Ime copy of the foregoing PETITION FOR RELIEF UNDER PROTECTION FROM ABUSE ACT was served on the following person by First-class mall, postage prepaid addressed to: Dwaln K. McLaughlin 18\8 Avenue 0 Scotlsbluff. Nebmska 6936\ Marcus A. McKnight 111, Esquire Irwin, McKnight & Hughes 60 W. I'omfret Street Carllsle,l'A 17013 Date: 4/ .;116 A venue Ar" ,c i\ \\:1,', SUSAN M. WOLF, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACfION - LAW : NO, 95-6198 CIVIL TERM I tf \ I \ I i I I \ \ vs. DWAIN K. MCLAUGHLIN, Respondent : IN DIVORCE TEMPORARY PROTECTION ORllER UNDER "PROTECTION FROM ABUSE ACT" AND NOW, this s:( 4 day of April, 1996, upon motion of James J. Kayer, Esquire, attorney for petitioners, and upon consideration of the within petition for relief and funher, upon petitioner'S showing during an ex pane proceeding to the coun's satisfaction that there is an immediate and present danger of abuse to the petitioners, the following Temporary Protection Order is hereby entered: (a) directing the respondent to refrain from placing Petitioner in fear of abuse; (b) restraining Respondent from entering the Petitioner's premises; (c) restraining Respondent from threatening to injure or kill the Petitioner through the use of telephone calls; (d) and such other relief as your Honorable Coun may deem appropriate and/or necessary; TIlls Temporary l'rotectlon Order shall remain effective only until the date of final hearing on petitioner'S Pelitlon for Relief which shall be fixed within ten (l0) duys of filing of petitioner's Petition. A true and correct copy of this Order shull be mude on respondent by the Sheriff or by a competent adult In the same munner us a cOl11plalnt Inlln IIctlonln equity. A true IInd correct copy of the Order shall likewise be sent by certified mull, retulII receipt requesled 10 the Carlisle Borough Pollee IInd the Pennsylvunlll Stule Police, which hilS IIppropriate Jurisdiction to enforce \ I ! i I this Order, A violation of this Order may subject Ihe violating party 10 punishment for conlempt. BY THE COURT: 1,( ( ~t M (tJ--J1tF- J. -- TRUE COpy FROM RECORD In Testlmonywhlreof, I re unto sellllY hind and I et al Cartl..., ~( fhl day ,,'. 19~ - sharp glass of the broken bOtlles, two days latu in a separate incldcnt, Respondent threatened to kill Petitioner and as Petltioncr was talking to 911, the police lIrrived on the scene. b) In Deccmber of 1994 after a heated lIrgument, Ihe Respondent broke Ihe telephones within the parties' home and threlltened to hit her with these phoues; c) On March 28, 1995, Ihe Petitioner filed with Ihe Districl Court of Scolls Bluff County, Nebraska an application and affidavit to obtain protect Iou order. As a result of that application, the Nebraska court ordered a Protection Order, whose tenn has just run 0111; d) On October 25, 1995, the Respondent violated the Protection Order by appearing at the Petitioner's home and destroying a number of items of personal propeny belonging to tenants renting the facilities. While he was there, he made verbal threats to the Petitioner, 11 was necessary for a local law enforcement official to take the Respondent away from the residence; e) TIle Respondent has followed the Petitioner on numerous occasions as a means of Intimidating her; o The Respondent becomes frequently agitated and demonstrates Intense anger and rage when In this state; g) The Respondent has significant ties to this area due to his ownership of property, and growing up III the area locally. TIle Petltlouer believes that there Is a strong likelihood that the Respondent would make the trip from Nebraska to this area, particularly as there is pending litigation In this Honorable Court pursuant to the divorce; h) TIle Petitioner believes and therefore avers that she Is In Immediate and present danger of serious abuse from the Respondent lInd that she is in need of Protection from Abuse. ". . . SUSAN M. WOLF, Petitioner IIN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNT\', PENNSVLVANIA I I CIVIL ACTION - LAW I NO, 9!!-6191 CIVIL TERM I I IN DIVORCE v. DWAIN K. McLAUGHLIN, Respondent gRDER OF COURT J..- AND NOW, tbll ~ day of April, \996, upon application of the counsel for respondent, this matter il contlnued until Friday, June 7, 1996 at 9:30 A,M, in Courtroom Number 2, for a hearina, The previous Order dated April \ 8, \ 996, remalnl in effect, James J. Kayer, Esquire Attorney for Petitioner ,').~L f/:>,fl/lilc . .ll -po ~ C-"fu04- Marcus A. McKnlaht, lI\, Esquire Attorney for Relpondent ,.,.....,....,.-,.'1 ,-"..- '-, "-. ..-,' j ....,..., , ' . .' r i <), ..' .~ f' (j 'Ii." ,.'J' .' J " I'." ,',_ . ;"l -' -" ~. . considered each other to be husband and wife, he would always be there to take care of her and It was his Intention to include her In every aspect of his life including providing medical benellts for her Wid sharing his property with her. To this end, the parties signed a purchase agreement on October 23, 1992 10 purchase a home located at 2602 5th A venue in Scolls Bluff, Nebraska. Purchase price was applllximately $30,000,00. Approximately one month later they moved from Pennsylvania to Nebraska and on December I, Mr. McLaughlin stllrled his job In Scolls Bluff. TIle parties had a stonny relationship during their time logether in Nebraska. TIlls culminated with an incident which occurred In Pebmary of 1995 and a protection order being issued against Husband In March of 1995, On or about October 25,1995, the Husband violated the protection order by appearing at the Wife's home and destroying a number of items of personal property belonging to tenants renting the facilities, While he was there, the Husband made verbal threats to the Wife. It was necessary for local law enforcement offlcia\s to take him away from the residence. At that time, the Wife relocated to Pennsylvania as she was so frightened of the Husband that she could no longer lolerate living in the same general area. II. PRESENT INFORMATION a. REAL PROPERTY: 'nle parties own as joint lenants property located on Lincoln Street In Carlisle, I'ennsytvanla. TIle property Is currently rented to two Individuals and the income generated by thai rent has been utilized to pay for the mortgage onlhat property as well as associated mailllenance costs, A foreclosure action was initiated by the lender due 10 the fact that the Wife had beenulilizing the income generated from this property to support herself due to Ihe factlhat the Hushand had dlsmpted the prior rental arrangement Ihat Wife had established at their Nebraska property. 'nle past due amounts have been satisfied by the Hushand and the parties have agreed to allow their connsel to jointly IIUUlUge the property during the pendency of . . this action and until the property clln he sold utllmutulllly IIgreed upon price, 'nlC panics IIlso own real eb1ate located on 5th A venue in Scolls Bluff. Nchraskll, 111is propeny hlld hecn rcntcll by the Wife to a third puny aftcr the pllnies had separatcd dlle to the ahllsive situation that hud developed. TIle Husbllnd refused to recognize the Wife's right to rent out this propeny und forbid anyone from renting it. He also went into the home at the time It was occupied hy tenants in BII effon to intimidate the tenants to leuve, TIley subsequently did leave in 1995, TIle parties had also purchased just prior to their relocation to Scolls Bluff, Nebraska a residence at 419 Factory Streel, Carlisle. PA, 17013, TIle rent produced from this single home hus been received by the HusbBlld since the panies' separation, In uddltionto the real eb1ute that had become the panies' marital residence located on 5th A venue in Scolls Bluff, Nebraska, the panies also purchused two olher propenies in Scolls Bluff, Nebraska. One located at 813 Canul Street is a single family home and is rented, TIlis propeny was purchase in April of 1993 and the Wife recalls Ihat the purchase price was approximately $15,000.00. TIle parties also purchased a propeny on 1818 A venue G in Scolls Bluff, Nebraska. TIlls property wilh three rental unils wus purchased in upproxhnately September of 1993 at a price unknown 10 the Wife, TIle Hnsband has enjoyed the income that has heen derived from both of these properties in Scolls Bluff. Nebraska, It Is ulso believed thuI Ihe Husband has purchased in his own name an udditional property in Gering, Nebraska, SIIld pllrchuse was made eilher just prior to the parties' separation, or muy, in fuel. have purchased ufter Ihe panics separated. b, PERSONAL PROPERTY: At the time the parties separated, husbund and wife divided mOb1 of their muritlll personal propeny. l11e only OUlb1wldlng eqUitable distribution issues appear to be the division of the real estllte IInd the division of the Ilccumulated marhal debt . . as specined In the Wife's Income ulIll Expense Stulemenl. III. EXPERTS Other than posslhly un uppralser, the wife lloes nolllntlclpule calling IIny expen witnesses, However, wife reserves Ihe right to supplement Ihe IIsl of expen wllnessl!s liS IIpplllprlate, IV. WITNESSES Wife anticipates culling holh the hushund Ulllllhl! wife to leb11fy, She also intends 10 call Shelly Drandt, a residenl of ClIIoberland County, Pennsylvania, IInd Vivian Stamen, II resident of Nebraska. 10 testify as to their knowledge and perceptions as to the lIIarlllll relationship of the parties. V. EXHIBITS Wife Wlticipates offering the following exhibits at the hearing: Husband and Wlfe's 1995 and 1996 Federal Income TOll Retums, Appraisals that wlll be procured liS to the punles' real estate and various debt WId/or credit card stutements relating to marital debt. Wife reserves the right to supplement this list, If necessury. VI. INCOME INFORMATION Husband Is employed as II Ilirector of Plannlngllnd Development by the city of Scotts Dluff, Nebraska. Husband had previously been employed In a similar manner by the Borough of Carlisle. With regard to the Wife's employment, Wife hlld previously been employed In Pennsylvania as u clerk with the Captila Tax Collection Dureuu, She quit this job 10 move with the Husband to Nebraska in 1992, She was employed us II clerk In Nebraska. Upon her retum to I'ennsylvanlu, Wife hus been ullsuccessful III oblllllllllg b1eudy well-paying positions WId Is currelllly l~mployed as u clerk ulld hilS dOlle so sillce July I, 1996. She Is currently earnlnl .$1,159.40 per month, . . \-:_:', ~.'~:-,' c; j' ,. VII. PENSION/RETlREMENT BENEFITS Wife has minimal retiremenl benefits totulllng $1.888,{)(} Incldellllo her cmployment prior to the punles' numlage, Wife believes tllllt Husbllnd hus u retlrcment plun duc to his cmploymclll with Scolls Bluff, Nebmslw, Wlfc c1ulrns thllt u pension wus cumed during thc tlmc lhut Ihc panles lived togethcr In Scolls Bluff from October of 1992 until October of 1995. VIII. COUNSEL FEES Neither pony has filed for an award of counsel fees, Items In disputc: the panics respective shares In their marilal debt and the respective value of the jointly held real es1ate. IX. MARITAL DEBTS Marital debl has been s-peclfied In the Wife's Inventory and Appmlsemenl. Wife Is in thc process of securing s1atements on those loans in existence al lime of panles' sepamtlun, X. PROPOSED RESOLUTION nle Wife proposes Ihat dis1r1butlon be nlllde In her favor, fifty-five percent (55%) to her of the value of any equity thai the panles may have in their real estate. TIle Husband should received fony-five percent (45%) of any equlry that remains In the panles' real es1ate, TIle Wife recognizes that prior 10 this 55/45 distribution, that the Husband should be reimbursed for the money that he paid 10 s10p the mongage foreclosure IIctionthal had becnlnltlated on the Lincoln Street propeny in Qullsle, I'ennsylvanlu. Marltul debt should be apponloned fony-flvc percent (45%) to the Wife and fifty-five percelll (55%) to the Husband. TIle wife bellcves she Is justlficd Inmaklnll this proposal due to the fllct that the Husbllnd's Income potential is significantly grellter thlln the Wife's, and due to the fllctthut the Wlfc cssentlally sacrificed wlY employment or career opponunltles that ~he had al the time Ihllt the pllnles were living together in Carlisle, Pennsylvunlu, whenlhe Husbund chose to tuke employment In Nebmslw. Addltlonully, whllc the . . Husband's conduct cannot be considered In and of Itself as a factor towan! equltaille distribution of propeny, It should be factored In with regard to his disruption of potential income that the parties could have received from the rental of propeny located on Sth A venue In Scotts Bluff, Nebraska. But for the actions of the Hushand, the Wife would have been provided with sufficient income to not only satisfy the panies' mongage on that propeny, but to allow her h1eady Income h1ream so as to supplement either the Income that she was able to make due to her employment in I'ennsylvlUlla, or alternatively, to allow her to pursue an education to better herself and prepare herself for a more finwlcially rewarding career. Respectfully submitted, KA YER & BROWN Date: February 13, 1997 . ~ER1'11'ICATE OP SERVICE I hereby certify that a tme copy of the foregoing Pretrial Statement Before the Divorce Malller, E. Robert Elicker, II, Esquire. l'urNuant to pA. Rule of Civil Procedure 1920.33 was served on the following pelllon by Plrh1.c1aNs mall, pob1age prepaid addressed to: Marcus A. McKnllht, III, Esquire Irwin, McKnllht &I HUlbes 60 Well Pomfret Street Carlllle, PA 17013 E. Robert Elicker, II. Esquire Divorce Muter. Cumbe....nd County 9 North Hanover Street Carlllle, PA 17013 Date: Pebruary 13, 1997 .' . INCOME AND EXPENSE STATEMENT OF ~an M, IJ,,)f SSN 204-5;1-2153 DR. DATE 2/13/97 THIS STATEMENT MUST BE FILLED OUT (It YOu WI soll,o!mploy~d or II you aro salarIed by a business 01 which you are owner In whole or In part, you mUll also 1,:1 o::ut l~'l Suppltmenllllncomt Statement Nhlch appears on the lasl page ollhls Incom. .nd !apens. St.tlmenq INCOME ('1 Wac;esiSalary Emplover& Addres. RoadwllV Express. Roadway Driver r.l1rli~lPI PA 17011 Job TIlle/Description Clerical. since Julv 1. 1996 Pay Period (weekly, bl,weekly, monlhlyl Ili-weekl y Ciross Pay per Pay Period ........................................,,,.........................................................................1 780.00 Payroll Deductions: Feder.1 Withholding ..................1 Social Security ..........................,1 Local Wage Tax ..........................1 St.te Income Tax .......................1 Retirement ................,.................1 Health Insurance ........................1 Other (specllyl ............................1 99.91 47.61 7,80 21.84 u.uu 12.00 11.14 .........................1 .....".......,..........1 Net Pay per Pay Period .............................................................................................................".........1 579. 70 (bt Other Income Inlerest/Dlvldends ......................$ Pension/Annulty........................,$ Social Secullly ...........................$ Rents/Royalties ..........................1 Expense Accounl .......................$ GIlts ............,,,..............................$ Unemployment Compensation ,$ Workmen's Compensation ........$ Week Tolal, Other Income ,................"....$ Month S S S S S S S S S S S S S S S S S S Ye.r INCOME ANO ExPENSE STATEMENT OF Sll~nn ~f IJn If I ',,"y Ih.'lho .I.'""onlO m.doln Ihlllncom. Ind Eop.nl. SI.t.. m.nl ... lru. .nd corroct.1 undorll.nd Ih.II.II. Illtom.ntl h...ln ... m.do lublocl 10 th. p.n.lIl.. 01 IS PI,C,S, 1104 ..II ling 10 unl..ornz'~lc.llon 10 lulhOIIlI.., ~"_, } Oil., 17, __ - Household ChIld Houllhold ChIld Vitek Week Monlh Month EXPENSES Hcmll Mortr,JC;~ Pent . ..........""..........,, I I I 47J,OO S Maintenance .......... . .."....".........,......... I I S N/^ S Utilities lIele~honll. MJllng eloclllc. elc I,............,........,..,......,.... I S S 'l1 r; Illl S E"'plc~ment Ilrans~OltJ"On, lunc~esl . .,........,,,................. S S S hO no S Ta.es Real Estale ..................'....'...........'...,'.... I S S N/^ S Perscnal Pro~erty........ ............'............ I I S '}t; on S Income ..........,..,....',....'..........................., I S S N/A S Inlurance Homeowners ..'" ,.' ".. .""..'.,..................... S I S N /A S Automobile '.. ....'"" ", "..""" "....,......",..... I S S .l.i.l'\ ()f) I L"eIAccldent.Health .............................. I I I 7.00 S Other ........................................................ S I I N/^ S Automobile (paymenls. luel, repalrsl '....,.........,.. '........,..................... I S I 500.00 I Medical Doctor, Denttst. Orthodonllsl................ S I I N/^ s Hos pi t sl "'.........'""""..""...."..,,,....,.....,.. S S S NJA S Specl.1 (glasses, braces, etc.) ............... I S s N/^ S Education Pm.t9, Parochial Schcol ....................... S I S N/^ I College .... .. ............ .. ...............,......... S S S W/'\ S PersonJI Clothing ,'..'""., :",..".. "..'..',..,...........'...',. s I S 50.00 S Focd .'..,..,....'.....,..................................,... S S S 7'10 no S Other (household supplies, barber, elcl.........,..,................,............ S I S N/^ S Credit payments and loans .................... S S S I;:AP A I' t. nchS!d Mlscellaneoul Household help/child care ..................... S S I N/A S Enlertalnmenl (Inc, papers, books. vacallon, pay TV, elc.),........... I S S ~ IA S , Glfls/Charllable contribullons '............, S s S N JA S . Legal Fees '......................................,......, S I S N/A S Other child supporl/allmony payments .......,..........,..............,........... S I S NJA S Other (specl,y) '....."....................................... S S I N/A S Total exp.nl8s ............................................. S S S S ATTACHMENT OF CREDIT CARD PAYMENTS . 1. BANK 1 MASTERCARD- ACCOUNT NUMBER 5347 1071 3364 9644 BALANCE H ,904,40 MONTHLY PAYMENT PER MONTII - $138.49 2. ATT UNIVERSAL CARD- ACCOUNT NUMllER 5396 5580 0052 1284 \lALANCE $4, 304,21 MONTIILY PAYMENT PER MONTH - $90.00 3. CITIBANK VISA- ACCOUNT NUMBER- 4128 0026 6052 9368 BALANCE $7,121,15 MONTHLY PAYMENT PER MONTH - $148.00 4. THE BON TON- ACCOUNT NUMBER 086 993 094 F BALANCE $ 29.14 ASSETS OF PARTIES I'lalntlff Susan M. Wolf has marked on the list below those Items applicable to the case at bar which are lIemlud on the following puges liS marital assets. If IIn Item has been uppmlsed, II copy of the uppralsll1 report Is atlached, (x) \. Rea\ Property (x) 2. Motor Vehicles ' (x) 3. Stocks. bonds, securities IInd option (x) 4, Certificates of deposit (x) S, Olecklng accounts, cash (x) 6. Savings accounts, money market and SlIvlngs certificates () 7. Contents of SlIfe deposit boxes () 8. Trusts (x) 9. Life Insurance policies (Indicate face value, cash surrender value and current benefits) ( ) 10. Annuities () 1 \. Olfts ( ) 12. Inheritances ( ) \ 3. Patents, copyrights, Inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Businesses (list all owners, Including percentage of ownership, and officer/director positions held by a party with company) ( ) 16, Employmellltennlnatlon benefits. sevemnce pay, workman's compenSlltlon clalm/lIwlIrd ( ) 17, Profit sharing plan ( ) 18. Pension plans (Indicate employee contribution and date plan vests) (x) 19. Retirement plans, Indivldulll Retlremeut Accounts ( ) 20. DISlIblllty payments ( ) 21 Litigation claims (matured and unmlltured) ( ) 22. Mllltary/V,A, benefits ( ) 23. Education benefits (x) 24, Debts due, Including louns IInd mortgages held (x) 25. Household fumlshlngs IInd personalty (Include as II total category and atlach Itemized list If distrlbutlonllf such IIssets Is In dispute) ( ) 26, Other \lllge 2 of 16 . J MARITAL PROPERTY l'lalnllff Susan M. Wolf has 1i&1ed all marital propeny In which either or both spouses have a legal or equitable Interest individually or with auy other person as of the date this action was commenced: Item Number Description of Property Names of all Owners Date of Acquisition FOR PERSONAL PROPERTY - SEE ATTAACHED LIST Page 3 of 16 ,. hSS~:TS h);1l \l~:J.0l;G1HGS II ,'11.. )dtch~n ut~nsils includil1g rDlkn. opeel1s. kl1h'es, liluhes, plates. poU. pens. ~tc. that "~le in the pl~miG"S on rebl"\lary 19. 1995. 2) l1ie:':c"'av'.. 3) Si~ by side refrigerator. ~) Co~er cupbeard with all china. je"el-tea ware. all fostoria gleBII and other items within the corner cupboard. 5) Kh:chen table and four chairs. 6) various paintings and enamels throughcut the house. 7) sodEa, loveseat and Victorian chair. 8) VariouS end tables and coffee teble including blue glass tebla and maga&ine rack. 9) 2'1- color television, stand and VCR. 10) A11 csssette tapes, Redio Shack applifier. receiver and cassatte player along with fpur large speakers. 11). TWNO floor lampS. 12) TWNO large pine dressers (one with large mirror) . 13) KIscellaneous throW rugS and area rugs. 1.) KJUng si&e waterbed, television stand and 19" color television, ..~ IS) ,'I.f.ctorien marble top table. 16) ~eroUs boxes of articles never unpacked from the move from Pennsy1~ania containing valuables owned exclusively by myself. 17) ~~ jewelry. watches, rezors, personal clothing. shoes. and other perso~ articles. 18) 'Iacuum cleaner. IS) tk>st buster. 20) ~scellaneous hand tools toO numerous to mention. 21) ~wer saws (table saw. two skill sews, electric mitar box. etC). 221 Miscellaneous items including tables and chairs, benches and other similar articles exclusively owned by me. 211 AnY cash left on the premises and cash loaned to Susan for various purposes. 2.1 One tri-colored basset hound (Walterl. 251 Books, maga&ines, etC. 261 Washer and dryer. 27) Chain saw. 28) Sheets, pillows, blanketS, etc. 291 Any other articles of value that belong exclusively t~ me which are too numerous to list. 30) ladder back chair 31) Water softener 32) Business records, including, but not linlited to, records with respect to .. a.mership of real estate in Penl'\Sylvania, receipts for rent fran PennSYlvania, all 1.ncaIe taX returns for Petitioner, CMc\d.ng account records fran joint account in PeMSYlvania. 33) 34) 35) 36) 37) Desk _ Value Unknown - Vcry old chair Day bed - 1993 - $100.00 Answering Machine - Jointly 12-92 - $40.00 IBM _ Jointly Spring 1994 - $ 25.00 Bikes Dwain _ purchased in Summer of 1991 - $300- $400.00 Susan _ Christmas Gift from Dwain - $100.00 ..-' . J Item Number Cost or Value as of Date of Acquisition Value as of Date Action Commenced Amount of Any Lien Page 7 of 16 . . I'ROPER1'Y TRANSFERRED I'htlntlff Susan M. Wolf lists all propcl1y In which either or IXlth sJlonses had a legal or equitable Interest Individually or with any other person and which hilS been transferred within the preceding three years : Item Number Description of I'ropel1y Date of Acquisition Date of Transfer Names of All Owners N/A Page IGor 16 , " LIABILITIES OF PARTIES l'lalntlff Susan M. Wolf has Indicated 011 the list below those items applicable 10 the case lit bar and itemizes the liabilities on the following pages. SKured (x) \. Mortgages () 2. Judgments () 3. Liens (x) 4. Other Secured Llabl1ltles UlUecured (x) 5. Credit card balallces () 6. Purchases () 7. Loan Payments () 8. Notes Payable () 9. Other unsecured Iiabllllles Contllllent or Derened ( ) 10. Contracts or Agreemellls ( ) 11. Promissory notes (x) 12. lawsuits ( ) 13. Options ( ) 14. Taxes ( ) 15. Other contingent or deferred lIabllltles I'age 13 of 16 . .. . L1ABIUTIES Plaintiff Susan M. Wolf lists allllnblllties of either or bolh spouses alone or wllh any person as of the date this action was cOlmnenced: Item Number Description of LiablJlty 1. 239 L1ncon Street Mortllalle (T & I Escrowed) 2. 2602 5th Avenue Mortllall<.l (T & I Not Escrowed) 3. 813 Canal Street Mortllalle (T & I Not Escrowed) 4. 1818 Avenue 0 Mortgage (T & I Not Escrowed) 5, 419 Factory Street Mortgage 6. Truck (Mr, McLaughlin's payment) 7. Bank Itl M/C 8. A IT Universal Card 9. Cltlbank Card 10. Bon Ton Card II. Unsure of credit cards In Husband's name 12. Rent - Utllltles not Included 13. Car Repair 14. Dwain - Time Share - Maryland Page 14 of 16 Nwnes of all Creditors Debtors Harris Savings Bank, Carlisle l'remier Bank, Nebmska Flrs1 Tier Bank First Tier BWlk Unsure of Bwtk nwne OMAC Wife's nWlle Wife's name Wife's nWlle Wife's name Unsure of which banks Frank Masland Dauphin 011 Unsure , .. .. Item Number Date L1ablHty was Incurred Amount of Liability on OllIe Incurred & Action was Commenced N/A May 1996 October 1996 Unsure $50,000.00 (eh1hnated) $30,000,00 (eh1hnllled) Unsure Unsure Unsure Unsure $1,904.40 $4,304.21 $7,121.15 $29.14 N/A $475 per month x 12 months. $5,700.00 $1,200,00 Unsure 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. March 1991 December 1992 June 1993 or 1994 September 1994 1992 September 1992 Page IS of 16 . ....t-.... - ... , .. .. Item Date Balance I'eriodic I'ayment Number Is Due and Amoulll I. I st of month $535.00 per month 2. 15th of month $220.00 per month 3. 4. 5. 1 st of month $200,00 per month 6. I st of month $320,00 per 1II0nth 7. Monthly $140.00 8. Monthly $90,00 9. Monthly $150,00 10. MOlllhly No Balance II. 12. Monthly $475.00 + Utilities of $315.00 . $790.00 13. 15th of month $200.00 per month 14. Unaure Unsure I'age 16 of 16 ~t-- Keyer end Brown AlIomeya At law A Professional Corporallon Uberty Loft 4 E. Uberty Avenue Carlisle, Pennsylvania 17013 . TeIIphone: (717) 243-7922 FAX: (717) 243-09411 February 28, 1997 B. Robert Bllcker, II, Esquire Divorce Muter 9 North Hanover Street Carlisle, PA 17013 RB: WOLF v. MCLAUGHLIN Dear Mr, Elicker: 1 note that we are IBpldly approaching the date that this case wID be heard by you at your office. Olven the fact that there have been prior Incidents of violence between these JlIItles and the Interpersonal dynamics are not good ones. With these thoughts In mind, my client and I request the presence of a deputy at the time of this hearing. Thank you for your attention to this matter. Very truly yours, JJKldrb cc: SUBIII Wolf Marcus A. McKnight, III, Esquire OFFICI OF DlVO..CI MUTI.. CUMBERLAND COUNTY COURT OF OOMMON PLEAS 9 North Hanover Street Cartlsle. PA 17013 (717) 240-6535 .. ........ .1011." II Divorce Maller T,ee' ... C..,., Office MlIllIDlr/RlpOI1lr w.., Iho... 697-0371 Ex\. 6535 DATEI 4 March 1997 REI Wolf vs. McLaughlin No. 95 - 6198 civil In Divorce A deputy is requested for Thursday, March 13, 1997, at 8145 a.m. Attached is a letter from Attorney James J. Kayer who has expressed a need for security based on prior incidents of violence between the parties. The Divorce Master concurs. r&J~ E. Robert Elicker, II Divorce Master STATB OF NBBRASKA SCOTTS BLUFF COUNTY I ss. I I. Msry Jo Bllis, the duly elected, qualified and acting Register of Deed. for the County of Scotts Bluff in the State of Nebraska, do hereby certify that the attnchnd is II true and correct copy of ~ w:a'.....#'lt'l+-l' nnpn recorded in Dook Ig, , Page 554 of DeAd records of Beotts Bluff County, Nebraska. IN TBSTIMONY "UBRBOF, official seal this 14 day of 1 have hereunto set my hsnd Fpbruary A.D. 1996 . q~~ :) Register of Deeds Oy , Deputy . WAMANn DUD 1124 MYRON 1\. LANG and SHARON R. LANG, lIulband and wif., OIlANTOA, In OCIIIIldIIlllon of TIN DOLLARS Ifl0.00) AND OTHIR GOOD AND VALUABLB CONSIDBRATION ------------ DOllARS ,-,YId '1lIIII ORAHTEE, " j~ OWAIN HoLAUGIILIN .. llCIIMyIlo GRANTEE, the IolIowlng delartbld '11111111'1" dtflntd In Nib. Rey. Bill. '6-101): Lot Thirteen (Ill, Replet of Loti l to 7 end 10 to 14, WINTER CREEK ADDITION to the City of Soottlbluff, Scotti Bluft County, Nebreaka, acoordinq to the recorded plat thereof. I !lTAMP TAli MAR .1 1994 (iN If iY OIlANTOfI !lOVenI/lII QolnI~ Ind _rINv. If mol. lhen 0111) with OIlANTEE lhel ORANTOR: III It lIw1ul1V ttlItd ol.uch ,..I HIII.1nd lhelltlt 'rttlrom .ncumbtlllCll, aUbjeot to eaa_enta, r.atriotionl, relervationB end righta-of-way ot record, III .... IIetI powIf Ind Itwlul lulhoINV \0 conVlV the _; (31 _lnIt Ind wtll ..fend \lilt 10 the ,.11 1.111. IgIIntl the lIw1ul clllme of III ptflOlll. l.lICUItd ......... H'l:Qh .;',. ... .... ,1, .,. ....... 18., P'4 ..................,."",.............,..."...... .......",..........0............................. ITATI 01' ......A.IeA ) COUNTY UP . .'P.qT'FA t~h4~f.....,... II 1.1 It 'It NII\4~ GIN f}' l4-' PIll COMf'AIlEO 111II 01 Neb...... ...... 81.11 c....., It. I!nlorod In HW11Irical ...... and mod 10, reooI1l .... --t... oS., 0I~-1~ I'I~ III'. 'aN o~lact c:lM.. and U In IIool .l4,J 01 --fJ~~ on~~ ~ 411J~ ii, ri-. 1It,IItO' oIl>oed. 8r , Ilepu1r . FirBTier IlIInk P.O. 110K 1708 '/....1 ScottBbluff NE H.IA FOlm l.l A.., 1-11 WARRANTY OEIO 112/1 Cop\'flghl' 1878 H,""kI JlIIIIIII A_.llon 'AOI , ., , 'AU ~ ." .... SUSAN M. WOLF. IN THB coulrr OF COMMON PLEAS OF ClJMBEIU.AND COUNTY. PENNSYLVANIA Plaintiff VN. CIVIL ACTION. LA W NO. 95-6198 CIVIL TERM , , , DWAIN K. MCLAUGHLIN. Defendant IN DIVORCE Exn:I'1'IONS TO MASTElt'S REI'OltT COMES NOW, Plaintiff. Susan M. Wolf, by and 1hrough her all onley JameS J. Kayer, Esquire, and takes the following exceptions to the Mas1er's report nnd recommellllallon and respectfully represents that: I. TIle Ma~1er filed his recommendation and report on March 18, 1997. and ruled 1hat the parties were not married and did no1 enter into an common law marriage on November 16. 1992, or a1 any olher time. 2. ThaI said recomlllendation was again~11he weight of law WId evidence In this case and that the specific findings were incorrect. 3. TIle Master erred In detenninlng that Plaintiffs te~1hnony was not credible in her explana1ion of when a marital commitmen1took place. 4. TIle Master erred in no1 focusing on the fllcl thllt the Defendlln1 could not reclIll and did no1 1estlfy with IIny specificity as to the contents of the converslltlon that took place on November 16. 1992, or IIny of the other conversations that the pal1ies had In Ildvance of that date and in anllcipalion of the parties' reloclltion to Nebraska. 5. '\1le Master erred when he Interpreted Ihe testimony of Shelly Brandl 10 be contradictory to the Plaintiffs testimony and consistent with the Defendant's testimony. 6. '\1le Master erred in not considering Ilnd emphasizing the aclions of the parties: to wit. the panics' lengthy period of co.habitation, their pooling of expenses and expenditures, their . , " ~IiliTII'1 C ATlUlfJ,JlliYl4..:E 1 hereby certify tlmlull1lc copy of thc foregoing Older 11I111 Exceptions to Mustcr's Hcp11l1 WllS served on1he following persl1ll(s). First duss IIlllil. postllgc prL'puld. by forwlIrding utrlle 1I1ll1 correct copy IInto: E. Robert Elicker, II, D1\'Orce Mllsler 9 North H IIno\'er Sl reet Cllrllsle, PA 17013 Mllrcus A. McKnlghl, III, Eiqlllre Inl'ln, McKlllghl & Hughes 60 West I)olllfret Stn'd Curllsle, PA 17013 Dated: Murch 28, 1997 1'IIIIIIIIff IN THE couln Oil COMMON PLEAS OF ClJMIlElU.AND COUNTY. PENNSYLVANIA SUSAN M. WOLF. "~So CIVIL ACTION - LAW NO. lJ5-6198 CIVIL TERM DWAIN K. MCLAlIOHLlN. Dl'I'l'II1111111 IN DIVOIH'E Jl:Xt.:Jo:lrJ'lONS TO MAS1'Jo.:R'S RJo:I)OR1' COMES NOW, 1'111111111.,., SUSlIII M, Wolf, hy lIIullhrough hcr uttomcy Jalllcs J. Kllycr, Esqllirc. alld lukcs thc followillg l'xccpliollS to thc Muslcr's rcport IIIld rccollllllclldalloll uml respeclflllly rcprcscllts 1111I1: I. 111c Muslcr Hlcd his rccommclldalloll uml rcport 011 March 18. 1997, IIlId mlcd 1111I1 thc partlcs wcrc 1101 murrlcll allllllill 1101 l'lucr 11110 all COllllnOIl law llIarriugc 011 Novcmber 16, 1992, or al allY othcr tlmc. 2. TImt Slllll rccollllnclldutioll wus IIguillst Ihc wclght of law ulld cvldcllcc illlhis cuse ulIlI Ilml Ihc specit1c t1ndillgs wcrc llIcorrcct. 3. '111e Masier crrcd III detennilllllg that 1)lullllift's testlmollY wus 1101 credible III her cxplallullolI of whclI u murilul C01l1l1li1mC1I1 look pluce. 4. 111c Mustcr errcd 1111101 focllsing on 1he tilcl Ihut thc Dcfelldullt could 1I0t recull alld did 1101 leslify wllh III1Y spccitkllY us 10 thc colllellls of the collvcrsutlon thul look pluce 011 Novclllher 16, 1992. or ullY oflhc olhl'r cOllvcrsullons 1111I1 thc purtles hull ill udvullce ofthut dale ullll III ullllcipulloll of Ihc pul1lcs' ,dOCUllolI 10 Nchrusku. 5. The Mustcr crrcd wlll'lI Ill' IlIterprclcd Ihc les11mollY of Shelly Srulldl 10 be cOlllrullictory III Ihc I'lullllifl's IcslimollY ulld COllslstClI1 with the Defelldant's 1es1hllollY. 6. '111c Mustl'r errcd 1111101 collshlcrlllg 111111 cmpllllslzillg Ihe ucliolls of the parties: 10 wit, thl' p1ll1il'S' Il'lIglhy period of CO-hllhlllltioll, thcir pooling of expcllses alld expelldltures, their .. laking joln1 possession of U IIInnhcr of snhstullllulusSCIS Indndlng rcul propcrty, us wcllus the del1lunds l1Iudc nponthe l'luintlff hy Ih,- Dcf"lUtuntulUl his relucullon, suld demulIlls spcdlkully inclnding reqniring the I'lulnllff 10 uhundon her hOl1lc, to ICUVl' hehlnd ull friends ullll fUl1lily ulIll relocate 10 u strange ureu uf Ihc cuulllry tu which Sh,' luul no counectlon uthcr thun Ih,' Defendanl, 10 give up a good paying alllllong standing joh nllll to glV<' up heullh henelils. WHEREFORE, becuuse the Master's report and rccommcndation is conlrary to the weight of law and evidence, It Is respectfully rcquesled that Ihc Conrt granl I'lalntifl's Exceptions to the Mas1er's De1ennlna1ion. Respcctfnily submillcd, . CERl'....ICA1.E OF Sl<:RVIC..: I hereby certify Ihal a Ime copy of Ihe foregoing Order and Hkcep11llllN 10 MaNIcr'N Report waN served onlhe following pcn;on(N), Fl!'N1 c1aNN mall, IlllNlage prepaid, by forwanllng ulme uml cOlTCcl copy \mlo: E, Robert Elicker, II, D1vorte Muter 9 North HalHlver Street Carlisle, PA 17013 Martus A. McKIIIKht, III. Esquire Irwlll, McKlllllht II HUIlOO 60 West Pontfret Slreet Carlisle, PA 17013 Dated: March 28, 1997 CJ SUSAN M, WOLF, plaintiff VI, 1 IN THE COURT OF COMMON PLEAS OF 1 CUMBERLAND COUNTY, PENNSYLVANIA I 1 NO, 95 - 6198 CIVIL 1 1 I IN DIVORCB DWAIN K. McLAUGHLIN, Deflndant REI TRANSCRIPT OF PROCEEDINGS . proceedings held before E, Roblrt Elicklr, II, Divoroe Master cumberland county courthouse, 9 North Hanover street, carlisle, Plnnsylvania proceedings held on March 13, 1997, oommencing et 9100 a,m, ;,1 . '!' . APpEARANCES I Jamls J, l<eyer Attorney for pleintiff MarcUs A. Mcl<night, III Attorney for Defendant till 0 INDEX TO WITNESSES FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECROSS Sus.n M, Wolf Ii 32 51,60,62 57,62 Shllly Brandt 64 69 -- Susan M, Wolf, rloelled 98 103 106 on rlbuttal FOR THE DEFENDANT DIRECT CROSS REDIRECT RECROSS Dwain K, MoLeughlin 74 84 92,95 96 Dwain K, MoLaughlin, 107 rloalled, on surrebuttal . .. r) ,.- ~ INDEX TO EXHIBITS FOR THE PLAINTIFF IDENTIFIED ADMITTED Ex. No. 1 -- Voided check 10 73 Bx. No, 2 piotures 11 73 Ex, No, 3 Voided check 22 73 Ex. No. 4 Cardl 24 73 FOR THE DEFENDANT IDENTIFIED ADMITTED Ex, No. 1 Deed 41 97 Ex, No. 2 Deed 42 97 Ex. No. 3 Died 43 97 Ex, No, 4 -- Litter 78 97 :.;) ....) .- 1 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 25 V THE MASTER: Today is Thursdey, Merch 13, 1997, This is the dete set for e Master's heering to take testimony on the issue of whether or not the parties in this aotion have esteblished a common law meritel relationship, Although economic issues have been raised we will not deel with those issues until the matter of the merriage is resolved; therefore, the only testimony todey will involve the common law marriage issue, Inasmuch as the Plaintiff is the party who is seeking to establish the common law marriage she will testify first end will be attempting to meet her burden of proof in this metter through her testimony, preeent in the heering room are Susen M, Wolf and her counsel Jemes J, Keyer, and the Defendant, Dwain K, MoLeughlin end his counsel Hercus A, McKnight, III, After the testimony today the Master will issue a memorandum indicating his finding with regard to this issue and after that memorandum, if necessary, we will schedule enother heering on the economic cleims. However, it the Master finds that there is no common law merriege then the metter will be returned to the Court and the Mester's appointment will be vacated as the Mester will have no jurisdiction to deal with the economic claims, would you swear the witness, please, Whereupon, 4 1 SUSAN M, WOLF 2 having been oelled as a witneBs, testified as followsl 3 DIRECT EXAMINATION 4 BY MR, RAYERI 5 Q okey, Susan, can you stete your neme tor the 6 rlcord, pleaBe? 7 A SUBen Merie Wolf. 8 Q And when were you born? 9 A 7/8/66. 10 Q You're residing in cerlisle right now? 11 A Correct. 12 Q And I understend thet you don't went to give :) 13 your address out, but how long heve you been in this area? 14 A I returned in ootober of '95. 15 Q You heve been living in cumberland county 16 oontinuously since then? 17 A Yes. 18 Q Are you living with enyone or ere you elons? 19 A Alone. 20 Q with regerd to Mr, McLeughlin, when did you 21 firlt meet him? 22 A 19S9, August. 23 Q And cen you give us the oircum.tenosl ot how 24 you met him? 25 A I kneW him from pessing beok and forth to I..J 5 ,..-.. ~,_..,1 o ttJ 1 work, I would see him in the mornings and returning to my 2 home, At thet time it was at my parent's address, and e 3 mutual triend __ they were going out one evening end I went 4 along with them that night and sterted deting him trom 5 there, 6 7 Q A Now, where were you working at that time? I was working at capital Tax collection B Bureau on pomfret street, 9 10 11 12 13 Q A Q A And where was he working et that time? Borough of cerlisle. Now, did you two ultimatelY move in together? yes, Q How long before you moved in together after 14 you first met him? 15 16 17 time? 18 TWO to three months. A okay, Do you recall where you lived at that Q 11 Yes. He asked me to move in with him at 1380 19 centerville Roed, Newville. 20 21 22 And that was a home that he rented or owned? Q A He owned that, Q And did you help him maintain or repeir that 23 home at that time? Yes, The general upkeeping, and we built a 24 11 25 shed to the beck part of the house. 6 o w 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 How long did you live there? A I resided with him until -- it would heve been in August of '90 of that yeer and then there was a domlstic elteroation et that time. Q Whet heppened in August ot 1990? A All of the details I'm unsure ebout. He hed ceme home and he pulled me out of the bed thet I wes sleeping in end some damege wes done to my ribs, and we hed e heering on thet issue end they filed, like, cherges -- the state police filed cherges and stuff egeinst him et thet time, Q Did you separate from him at thet time? A I returned to my parent's place temporarily end then I went to Florida for a while, THE MASTERI Let's heve the time, please, BY MR, KAYERI Q This is August 1990? A Yes. THE MASTeRI And when did you move in with him? THE WITNESS I It would heve been in October -- by the end of October, beginning of Novsmber ot '89/ so elmost a year by -- three querters ot e year hed pes sed by then, THE MASTER I Okay, 7 . 1 2 3 4 5 6 7 8 9 10 11 12 . 13 14 15 16 17 18 19 20 21 22 23 24 25 g n' BY MR. KAYERI Q NoW, you sey first you moved in with your tolk. atter this incident? A Well, they wanted me to I couldn't go back to 1380 Centlrville Roed for my sefety at that time. They .aid I hed to return -- to go someplece else, so I went to my parent'. place. Q And then how much time did you spend in Florida? A TWo or three weeks, end I hed mede oontaot with Dwain before I had left for Floride. Q So this wes not a long term move to Florida or anything like thet? A No. It was, I guess, a get awey type to think about e lot of things, I guesB. I heve a friend down there and he owned a oondo and let me stay there tor as long ea I wanted to, He didn't oare, Q Who wes he? A Kent Swart!. Q Now, do you recell when you ceme beck to Pennlylvania? A Yes, it would have been during November of '90 then, Q And when you returned to Pennsylvania where did you live? 8 1 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 25 U A I had started -- before I had left, Dwein end I talked ebout buying a place together and thet wes something I needed to think about whenever I had went down to Floride, and when I came back I had egreed to do thet so, like, on the weekends end stuff I would spend evenings up there with him in the mountain house egain, Q Well, what were your reesons why you wented to buy e pIece together -- THE MASTER: Let me understand this, You returned to Pennsylvania and you returned to your parent's home? Yes, as far as -- When did you stert living up in THE WITNESS: THE MASTER I the mountain home? THE WITNESS: With Owain again? THE MASTER I Urn-hum, THE WITNESS: I would spend the weekends up there, although I never officially moved back in to 13S0 centerville Roed. We purchased a property together end thet's when I moved back in with him because I hed a concern thet I hed no legal right to be in the house, so we brought a property together with my neme on it, BY MR, RAYERI Q Now, where was that property located? A At 239 Lincoln Street, 9 """ 1 Q In Cerlisle? 3 A In cerlisle, Pennsylvania, ] Q And when wes thet property purohaBed? 4 A I think the olosing dete was some time in Ii Maroh or April, I'm sure someone hes the psperwork here as 6 tar as that goes, We rented it from January 1st ot '91 7 until WI oould olose on the property. 8 Q okey, So from the period of time from 9 November of 1990 until January of 1991, you were living with 10 your folks? 11 A Yes. My legel address would have been with 13 my parents end, like I seid, I spent the weekends and most " ....J 13 of my time with owein in the evenings. But I would return 14 home, 15 Q Now, at the time thet you rented the property 16 on Linooln Street and ultimetely bought it, did the two ot 17 you open a ohecking eooount? 30 H Q A Yes, Right away. What benk was that with? That one would have been with lIarris, MR, KAYERI Let's merk thet es pleintiff's 1, 18 A 19 22 IWhereupon, Plaintiff's Exhibit No, 1 23 wes merked for identifioation,) 24 BY MR. KAYERI 25 Q Let me show you a dooument that's been merked ....; 10 " o ~ 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 for me? A Okay. This is the property et 239 Lincoln street, Q Now, are those pictures that you took personelly? A Either I did or my fether would heve, They mi9ht have been taken while I wes in Nebraske by my fether, Q Now, looking at the pictures, so that everyone can see them, can you describe what improvements were mede on the house? MR. McKNIGHT: May it pleese the Mester, I will Btipuete that they own 239 Lincoln street together, I will stipulate thet the property has been improved, I am JUBt trying to get to the chase here. I'm not sure what thet hes to do with proving the marriage, THE MASTER: Are you objecting to the relevency of these pictures? MR, McKNIGIIT: I don't think we need tc get into who did what, but I think we can certainly say they purchessd it together, they paid for it together, they improved it together, HR, KAYER: okay, That's fine, HR. HcKNIGIIT: We are not denying eny ot thet. HR. KAYER: Okay, We will eccept that 12 . 1 purchued? 2 A It was during the summer months, I would say 3 '92, I'm guessing on the exact olosing detes end all of 4 that Btutt, I'm unsure of that, 5 Q Now, es best es you understend, whet 6 ditfioulties did the purchese end development ot this home 7 ceu.. hil job with the Borough of CerliBle? 8 THE MASTER: How does this relete to the 9 iBsue of whether or not these parties heve entered into a 10 common lew marriege? 11 MR, RAYERI Beceuse ultimetely the perties, 12 due to Mr, McLeughlin's employment situation, were forced to tit 13 relooate to Nebreske, It wes thet relocetion which hed a 14 grlat impect on their reletionship end ultimetely ceused the 15 oommitments thet were jointly given to each other as fer as 16 rneritel intent. 17 THE MASTER I Okay, Go eheed, 18 TilE WITNESS I From my knowledge it was a 19 house with a lot adjecent to it end Mr. McLeughlin 20 subdivided the lot to Mr. Jones, and he retained just the 21 house portion of that. 22 BY MR, RAYERI 23 Q Now, what was Mr, McLaughlin's job with the 24 Borough of Carlisle? 25 A His title wes the code Enforcement Officer . 14 o 1 with the borough, 2 Q Was he accused of a conflict of interest at 3 that time? 4 A I'm not sure as fer es the details of it 5 gOI., but from whet I've been told they didn't eppreciete 6 that, 7 MR. McKNIGHT: Objection to heersey nature, 8 THE MASTER: sustained. 9 BY MR, RAYER: 10 Q Did Mr. McLaughlin ultimetely lose his job 11 with the Borough of cerlisle around this time period? 12 A I think it was in october of '92, . 13 Q okay, And at that time you were still 14 working with the taK bureau, 15 A That's correct, 16 Q How did you two make ends meet when he lost 17 his job? 18 A I continued to work for the, I think, two 19 months __ I continued to work and I don't know if he would 20 have had, like, any vacation time pay at the end, you know, 21 when they close out a job and stuff like thatl but by this 22 time he had already accepted -- during these months he 23 accepted the job in Scottsbluff, Nebraska, to start work 24 December of '92, 25 Q Now, was this job in scottsbluff, Nebraska, .., 15 r"", 1 , 1 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 25 ., eS8entially the seme type of position he had with the Borough ot Cerlisle? A From my understanding, ye8, very olosely related, Q This job would have required him to relooete to Soottsblutf? A Correot, Q Did the two of you have discussions about how this new job wes going to impact upon your relationship? A Yes, Q Whet oonoerns did you have about this new job opportunity? A one, my major concern was that I would be giving up my job, my heelth insurence, my inoome, my triends, my family, everything basically to relocete with him to Nebraska, Those were some of my concerns, I meen, how was I going to survive besically would be one, Q Let's take those one at a time, As fer as your job goes, how long had you been working for the tax bureau? A Since 1905. Q So for how long a period of time? A 1905 -- 7 years. Q As fer as friends and family, have you lived anywhere else in your life besides the Carlisle erea or had 16 " 1 you lived enywhere else in your life except this erea prior 2 to your relooation in Nebreske? 3 A I spent three months with my brother in 4 Texas, but he wes stationed there in the militerYI but other 5 than that, I heve lived in cerlisle ell ot my life, 6 Q So did you heve eny contacts at all in 7 Nlbraska? 8 A None, 9 Q with regard to your heelth insurence 10 situation, did you heve any heelth problems or heelth 11 concerns et thet time? 12 A Yes, end it's been leter -- I have whet they 13 call endometriosis, It's a problem with cyst on the Q 14 15 16 17 18 19 20 21 22 23 24 25 tJ ovaries, Q prior to your relocetion to NebraBke, hed you had any type of serious medicel treetment or surgeries? A I hed had one of the cysts on my overies in '91, I think, it would have been; so I needed to keep thet ooverage es well as in case something would heve happened to me there and now I'm on, like, a monthly medicine for that, Q Now, et the time thet -- prior to the actual relocetion, did you express these concerns to Mr, McLeughlin? A Q Yes, And did Mr, McLeughlin setisfy your ooncerns? 17 . 1 A provide any 2 3 Q 4 that time? 5 6 7 I I I I , I , , I I; , Yes, he did, He essured me thet he would to pay for any coverage thet I needed. Whet other commitments did he meke to you et A At thet time? Q Um-hum, A I came home from work and, you know, was 8 concerned about the insurance and stuff and we Htarted 9 discussing that and he essured me thet he would take care of 10 me no metter whet heppened, health wise, and would pay the 11 insurance or pay bills, 12 We continued to talk about the ectual move to . 13 scottsblutt and he steted that I didn't need to work if I 14 didn't went to es far es my financial situation went; thet 15 he would -- made enough money for us to -- that all I needed 16 to wes to teke care of the house, And I'm not sure what all 17 happened in thet conversation, but then later that 18 evening -- et this time we had friends over, when this took 19 place. Shelly Brandt was present when that conversation 20 took pIece, when we were talking about that, 21 22 further after the friends had left? Q okay, Did the two of you discuss this eny 23 24 25 u A Q A Yes, Whet did you discuss et thet time? The seme conversation ceme up egein with the 18 n 1 oonClrn with the heelth inBurence and providing for me and 2 me losing leeving my job end everything like thet and et 3 that time we both, in my mind, made e commitment to eech 4 other that we would provide for each other end teke cere of 5 each other beceuse we both loved each other, I don't know 6 the exact words. I just remember thet moment from then on, 7 Q Did the two of you do enything special that 8 evening to commemorate the moment? 9 A I remember -- well, continued meking love 10 that's all. 11 Q Okay, There was no forme 1 wedding or 12 ceremony or anything like that that night was there? o 13 A No, 14 Q And there was no exchange of rings or 15 anything along those lines? 16 A No, 17 Q Did the two of you plan a trip for just after 18 your arrival in Nebraska at that time? 19 A He had said the whole time that while we were 20 getting reedy to move to Nebraska that he had looked at 21 these spots on the map and stuff as far as where we could go 22 after we got to Nebraska and he would promise to juet, 23 like __ we had a dog at this time -- jUBt throw the dog in 24 the car end go to get away as -- I viewed that as, like, a 25 honeymoon type of thing to get away, lie promised to do thl'lt ....) 19 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2] 24 25 w on weekends onoe we qot there end got settled then, Q And didn't you, in feot, teke thet trip? A We left ChriBtmes dey of '92. Q Where did the two of you go to? A We went on e skiing trip to Leremie, wyoming, Q How long did you spend in wyoming? A The weekend, I guess, Christmes would heve fellen -- he hed just started working et the city of Scottsbluff, He wouldn't heve had a lot of time off, Q Now, in Nebreske did the two of you purchese e home there? A Yes, lie -- when he was not working at the Borough of Cerlisle, he hendled all of thet transaction from Cerlisle, He hed mede an interview trip out to Bcottsbluff, Nebreska, end mede contects there with future employees in the city of Bcottsbluff end from my understending he sent them over to check houses out that would be potentielly nice to purchase and then he got in touch with the reeltor end he handled all of that while I continued to work, Q Okey, Where was this house located in soottsbluff? A Q 2602 5th Avenue, Now, the home wes purchesed in both names, is thet correct? A Yes, 20 1 2 3 4 5 6 7 8 9 10 11 12 . 1] 14 16 16 17 18 19 20 21 22 23 24 26 . Q And once again, juet like in the Lincoln street horne, the two of you worked together to improve the home? A Yes. We put e deck on the beck pert of the houBe, I did ell of the interior peinting egain, end we can Bhow pictures -- I don't know if you've got enything elong thet line to show improvement es far es thet goes, I don't know if he wents to get into all of that or not, THE MASTER I 1I0w wae the home titled? MR, RAYERI The home wes titled to both THE WITNESS I Owain McLaughlin and Susan Wolt, THE MASTER I But ee joint tenents, es tenents with right of survivorship, as tenents in common, as husbend and wife, whet kind of title do we heve on the deed? MR, McKNIGHT I I would like to heer her anewer to thet. We know the answer, THE MASTER I What is the title? How is the title -- THE WITNESS I How the title reeds I do not know. I just know that he put Dwein McLeughlin end Susen Wolf's neme on the property. THE MASTERI Okay. THE WITNESS I The actual deed -- if I oould see it I could read it, 21 ,--, 1 BY MR, KAYER: 2 Q Now, at that time, when you moved to 3 Nebraska, you also opened a joint cheoking account there? 4 A Correot, 5 Q And that oheoking aocount wes Dwain 6 MoLaughlin and Susen Wolf? 7 A Correot, 8 MR, KAYER: Cen I heve this merked as P-3? 9 (Whereupon, Pleintiff's Exhibit No. 3 10 was merked for identification, I 11 BY MR. KAYERI 12 Q Now, this document, whioh is merked as <:) 13 Pleintiff's Exhibit No, 3, is thet a voided oheck from that 14 bank eooount thet you just referenced? 15 A That's oorrect, He elso set thet up, you 16 know, by working with that bank for getting the mortgege, I 17 guess, 18 Q Now, how long did you two live together at 19 the 5th Avenue house? 20 A We left here November 23rd of '92, made our 21 trip to Nebraske. He stayed there until Februery 20 of '95 22 and then he left the property, 23 THE MASTER I When did you leeve? 24 THE WITNESS: I did not leave until ootober 25 of 1995 and returned to Pennsylvenie, o 22 . . ~ 1 2 3 4 5 6 7 8 9 10 11 12 1] 14 15 16 17 18 19 20 21 22 23 24 25 THE MASTER I When did he Ie eve aqain? MR, KAYERI Februery of '95, THE MASTER I And thet'8 the period ot time thin you livid toqlther, from November '92 to February of '95, thin hi lett? THE WITNESS I Correct. THE MASTER I THE WITNESSI THE MASTER I Then you 8tayed there until? october of '95, Correct, Thenk you, BY NR, KAYERI Q Now, did you do anything 8peciel to commemorate your anniversary? ^ I remember giving him e cerd to celebrete our tir.t yeer out in Nebreska together, yes, Q You don't have thet cerd with you? A No, I heve looked high end low for that card, but I did give him a card the very first yeer, Q Did the two of you socielize with others a8 e couple in Nebraska? ^ At first, yes, we did, We would qo to -- he would heve en office Christmas perty, I would attend th08e. It would be femily members -- with ell of his co-workers end I would ettend those, We would go to -- I'm not sure the neme ot the restaurant but he would take his oo-worker8 and their spouses to e restaurant at Chri8tmas time eaoh year 23 . . . 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and they would dine and I eccompany him eB his Bpouse, Q NoW, there wes no mention of you two being e husband end a wit. at these functions, iB thet right? A No, Everybody there was juet -- Q okey, NoW, es fer as Christmas goes, the two of you received Christmes cerds each yeer I'm assuming, is thet corrlct? A Yes, Q Were those addressed to eech of you individuelly or to both of you as a couple? A Together, We would get from people beck here end -- MR. KAYERI Once egain we oen just merk these al a single exhibit, IWhereupon, plaintiff's Exhibit No, 4 wes merked for identification.) BY MR, KAYERI Q I'll esk you to teke a look at the cards TilE MASTER I Heve you seen them, Mr, McKnight? MR, McKNIGHT I I have not, I would like to look at them before I figure out what I'm going to do about them. MR, KAYERI TilE MASTERI By all meenl, okey. 24 1 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 25 . MR, McKNIGHT: I would simply stete that it is obvious that people referred to them by their separate tirst nemes. None of these refer to them as beinq merried or husbend end wife, I would object to the relevancy. We admit that they were living together but the whole issue is whether or not people viewed them es husband end wife, None ot those refer to them es husbend end wife, THE MASTER: Were the envelopes addressed to Mr, end Mrs,? THE WITNESS: I would have trashed those, I don't know, I'm sure some of them came thet wey but how many, I don't know, MR. McKNIGIIT: There is no evidence, THE MASTER: Mr, McKnight or Mr. Keyer, are there eny envelopes? MR, KAYERI No, The envelopes were not seved, only the cerds were saved, THE MASTER: So we don't know whether or not they were received as Mr. and Mrs.? MR. KAYER: other than based upon her testimony, no, THE MASTER: And your testimony is that some ot them were Mr. end Mre,? THE WITNESS: Some would have come addressed thet weyand then some of them might have come to either 25 1 2 3 4 5 6 7 8 9 10 11 12 ~ 1] 14 15 16 17 18 19 20 21 22 23 24 25 . Owain -- JUBt eddreBsed to Owain and then in the inside they would heve hed my neme on them. I'm trying to remlmber, THE MASTER: The ones that ceme addressed Mr. and Mrs" from whom did they come? TilE WITNESS: Probably would have been -- I don't know, My family members, THE MASTER: Well, I'll -- your objection is on relevenoy, I'll MR, McKNIGHT: None of those identify them as husbend and wife. TilE MASTER: I'm going to let them in subject to your objection, I understand the objection and apperently there is nothing there that refers to them as Mr. or Mr., or es husband and wife, but we will let them in the reoord for whatever help they may be, MR, KAYER: Very well, THE WITNESS: Like I said, to identify which ones did oome or did not come -- BY MR. KAYERI Q You don't recall which one came -- A This one would have probably come with Ms, McLeughlin, that one is from Mrs, Davidson, Q This is the one that's covered A Thet's probably the one that sticks out in my mind es addressed with mostly -- coming that way other than 26 . 1 mey be tamily members, 2 Q Who is Hrs, Davidson? 3 A George Devidson's wite, 4 Q 1I0w did you know her? 5 A Mrs, Davidson I didn't know reel well but I 6 knew George Davidson really well and Dwein handled all of 7 arrangements es far as us sending flowers beck whenever Mr, 8 Davidson passed ewey, So that's why I remember that one 9 coming that way, 10 Q Now, what events led to your separation in 11 Nebraska? 12 A Wow, We go back to Hey of 1994. There wes a tit 13 pretty nasty fight between Hr. McLaughlin end myself, There 14 weB some abuse that took place -- do you went the deteil 15 pert of thet? 16 Q Yes, 17 A He wes drinking and he would continue to 18 splesh beer ell over my face and shake up the bottle and 19 spray beer in my face and stuff, He got -- I can't even 20 remember really what did stert the argument, I think it was 21 probably about phone calls thet we were receiving et the 22 house, I don't know who was making the phone oell or what 23 but I hed asked to get our phone number chenged. 24 He just got real upset, He hed been 25 drinking, lie spit beer in my face, He hed shook up the . 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 . beer bottles end would sprey the beer bottles into my fece, He got real engry end took e swing et me, missed me, end knocked the thermoBtet off of the walll end he cut his hend up pretty bed about that. And it continued, He would, like, hold me up by my shirt and then punch me beck down by my chest and I would be trying to reech for the phone -- I just wanted to call a friend to get someone over to stop him, That continued on until, like, wee hours of the morning, Then -- I don't knoW how it reelly ended. A day or so had pessed -- well, this is when he had gone and broken in __ during that fight he had broken in the back door __ he went out the deck door and broken in through the back deck door end hed cut his arm on the glass and everything beceuse he accused me of locking him out of house when he just gone out another exit, He told me to never ever lock him out of the house again and, like I said, the fight continued on. A day or two passed by there and I thought everything had calmed down and then he -- I was in the bathtub, hadn't seen him at all that dey, I was getting ready for bed and he comes in and he hands me the phone. lie had already dialed 911 and he said that someone was going to die tonight I that I better talk to these people, And so -- I didn't know what was reelly going on. Like I said, I was in the bathtub and then 28 1 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 25 . the lady soreaming et me from 911, eSking me it I wented e polioe oftioer there to help me and I seid I did not know, I wes unsure, MR. MoKNIGHT: At this point I'm going to objeot on the besis of relevancy, THE MASTER: sustained, BY HR. KAYER: Q Despite these difficulties you steyed living with him? A Yeah. I had -- in my mind I had mede a oommitment to him never to -- I had promised to never leeve him, We hed already been through the ordeel in Pennsylvania end I know thet -- epeeking for myself, it didn't acoomplish enything es far es, you know, going to the courts, nothing like that. When the police officer showed up, they, you knoW, they addressed me as Mrs, McLaughlin, to make sure I was ell right and everything like thet. I seid, yes, I was fine, I Beid, you need to talk to him end they oeme in and they talked to him and then he went downstairs and then did not return back upstairs until well, the next day for work, So that ended it that day. And the next oouple of months we had our parents coming out and everything was celmed down trom then end like I said, I tried to meke the best of the situation beceuse I wes 1200 miles ewey from 29 . . 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . 1 home and didn't besicelly know anyone out there thet could 2 assilt me. 3 Q Now, without going into the type of detail 4 you did on this incident/ iB it fair of sey that there were 5 two other inoidents thet occurred, one in AUgUBt ot 1994 and 6 anothlr in December ot 1994? A YIS, thet's oorrect, Q And ultimetely did you seek e protection order? A Mr, McLeughlin left in '95, mede one phone call to me at my work end I wesn't eble to talk to him within that week and then e month hed pessed end I hadn't heard trom him et all end then he celled me egain at work and made some threats to me et work end then I sought the proteotion order from thet point on, Q When did you seek that protection order? A The exect date wes probably the end -- no, The end of March of '95. Q And to put this in perspeotive, this was about e month after he left the home, which wes February of '95? A That's oorreot, Q Okay, Now, you returned to Pennsylvania in ~ugust of '95/ is thet correot? A That's correot -- no, Ootober of '95, 30 ,."...... 1 2 3 4 !l 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 25 W Q I'm sorry, A Thet's okay. Q And once, again, without going into a lot of dotail, is it teir to say that the reason that you returned to Plnnsylvania wes there was another incident between you end Mr. McLaughlin? A I had known that he was back into the property a couple of times violating the protection order and I would tell my ettorney and he was, like, well we really can't prove that he was there and then my car was broken into, like, the end of August, beginning of September ot '95, and I told my attorney about that and reported it to the police and everything like that and they said thet they wouldn't do anything egainst him at all, My attorney's best edvice is that you better get to Pennsylvenia for your own seflty, Q NoW, do you consider yourself to be married to Mr, McLeughlin? A Yes, Q Why? A Because of the commitment we made to each other in November of '92 before we moved to scottsbluff, Nebraska, The promises that we made to each other that evening, Q You were talking about the commitments and 31 . . . 1 the promises thet were made -- 2 A Of thet evening I that's why I considered ] myself merried to Mr. McLeughlin. The commitment that was 4 made that evening between the two of us. 5 MR, KAYER: I have no further questions, 6 THE MASTER: Mr, McKnight, 7 MR. McKNIGHT: I just have a couple of 8 questions. 9 CROSS EXAMINATION 10 BY MR. McKNIGHT: 11 Q Are you ready? 12 A Yes. 13 Q Now, it is correct to say that you've never 14 tormally sought a marriage license to Mr, McLeughlinl isn't 15 thet correot? 16 A A marriage license? 17 Q You've never epplied for one? 18 A Thet's correct. 19 Q You've never been formally married? 20 A In front of a church, correct. 21 Q In front of any authority capeble of meking 22 you merried? You've never done eny formal ceremony before 23 the justice of the peace or anyone else? 24 A Correct. He had stated that we did not heve 25 time to do such a thing, We were getting ready to move to 32 (') "~.;.., 1 NlbraBke, 2 Q went to Nebraska, everyone you alweys uued susen M, Wolfl 3 When you lived in PennBylvenie, betore you 4 ien't thet correct? Correct, And will continue to always use 6 6 thet, 7 A Q okey. You notified your employers beck here 8 that you were single? 9 A The only job I had -- I wes single in 1985 10 when I epplied for my job, yes, sir, 11 Q You never changed thet designation while you 12 worked for your employer beck here in Pennsylvania? You . never notitied them thet you were married et any point? 13 14 A I wes not married and I would not need to 15 change that until I would have gone to Nebreske, 16 Q And you purchased a property here in 17 PennBylvenie jointly with Mr, McLaughlin/ isn't that 18 correct? You purchaeed, I think, it's 239 Lincoln street/ 19 is that correct? 20 21 A Q 22 you-- 23 24 Mr, McKnight? 25 . Correct, Now, when you purchased thet, I will show TilE MASTERs What's the dete of thet deed, MR, McKNIGHT I Well, I'm going to show them 33 ,,-.., o ., 1 the mortgagl. 2 THE MASTER I Whet's the dete of the mortgege? 3 MR, McJ<NIGIITI Merch 1st of '91. 4 THE MASTER I That would precede the time that 5 she elleges thet they mede this stetement so that wouldn't 6 even be e subject to any meritel distribution, 7 MR, McJ<NIGIITI I understend, I'm just 8 pointing out thet the designation of when you bought and 9 took out the mortgege for the property at 239 Lincoln wes 10 thet you were both single persons, 11 THE WITNESS I If that's how it reeds, I went 12 there and signed so meny pepers thet day, I'm sure. 13 BY MR, McJ<NIGIITI 14 Q But you used your separete nemes and you were 15 both designated es single persons I is that correct? 16 A It says Dwein McLaughlin and susan M, Wolf, 17 single persons, is what it says, 18 Q Okay, Now, in your divorce complaint you 19 indioeted the merriege happened on October 23, 1992, Your 20 testimony now says that this occurred in November of 19921 21 is thet correct? 22 A I've been saying November all along, I don't 23 know where that date -- who actually drafted that, I'm 24 seying it would heve occurred in November october 23rd 25 probebly would have been when he asked me to go with him to 34 . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 Nlbraske, but the eotuel commitment would have taken place in November, Q So your copy of the divorce complaint, there is a date here end it seys, you were merried by common law merriage on or about October 23, 1992, and you verified that, seying thet these fects were true and correct? A Okey, Q okey, A Like I said, that would heve been the date that he would have probably asked me to go to Nebraska with him, Q But that's now your -- A And the commitment part was reaffirmed egain in November of 1992, Q okay, So you're saying the correct date was not this date but some time in NoVember? A As far as the commitment between me and Owain oocurred? Q I'm looking for the date when you believe you beoame merried to Mr, McLeughlin, what is that date? A okay. We left November 23rd, it would have been a week prior to that, It was a Monday when I came home from work, the very first day; so it would have been the 16th of November is the night we committed to each other, Q So you're saying November 16, 1992? 35 r~ o w 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 Yeehl that would have been the correct date, He had esked me to go with him to Nebraska during October, Q Now, you sey, committed to eech other but in this discussion thet you had on or about November 16th, he -- in your testimony you say he agreed to provide some economic benetits for you, teke care of you if your health failed, make sure you didn't have to work, Did he ever say, we are now married? Did he ever use the word merriege? A Owain? Yes, he did, Q He said what? A We would be married if -- the health thing, He would teke cere of that. If we needed to get a marriage certificete, we would do that, Q So he said in tho future, if something heppens to you, we will get married in the future, I'll get married to you if we have to, Is that what he said? A That evening? Q Yes, A That night, no. Those conversatione would have occurred leading up to that point. Q I want to know what he said that night ebout merriage? A That night about marriage he did not say ebout merriege, He said that we were committed to each other, 36 1"""1 1 Q So there wes no mention of merriege et all 2 that night? You just telked about an economic commitment on 3 thet night; is thet correct? 4 A And e reletionship commitment -- no, thet is 5 not correct, We telked ebout an economic commitment but 6 that was not ell we talked about, We talked about a 7 personel commitment to each other. 8 Q That you would live together and that 9 economicelly he would take of you, that's what you talked 10 about on November the 16th; is that correot? 11 A In addition to the commitment to eech other, 12 to love eech other, to take care of each other as a couple o 13 and husbend end wife would 14 Q But -- 15 A Those things were discussed and he agreed to 16 do that and I egreed to do thet to him, 17 Q But, agein, you never talked about marriage 18 on the 16th; isn't that correct, The word marriage wasn't 19 used? 20 A That would have been whenever the friends 21 were there, We were talking about that end he made that 22 stetement whenever she was present. 23 Q And when was that? If it wasn't on the 16th, 24 then when wes that? 25 A It would probably have been the day of the . 37 o 1 16th. 2 Q But 3 A And then later that evening Owain and I 4 talked together, 5 Q He never mentioned marriege though in the 6 eVlning/ is thet correct? 7 A That's correct, The merriege pert was 8 discussed when -- in the presence of Shelly, 9 Q You eren't seying thet when Shelly was there 10 you had e marriege ceremony, ere you? 11 A No, That pert took place in my mind after 12 Bhe had gone, o 13 Q In your mind? 14 A Correct, 15 Q But during that process in the evening, there 16 wes no mention of merriege by Mr, McLeughlin/ is that 17 oorrect? 18 A The word marriage, no, 19 Q Now, you then moved out to Nebreske? 20 A correot. 21 Q When you moved out to Nebraska you continued 22 to use Sueen M. Wolf? 23 A That's correct, 24 Q You never represented yourself as being SUsen 25 M. McLaughlin, did you? . 38 ,""'" 1 A No, 2 Q You never told anyone that your last name was 3 McLaughlin/ isn't thet correct? 4 A No, I would receive telephone cells end it 8 they would ask to telk to MrB, McLaughlin, I would say 6 splaking, 7 Q Well, I underBtend thet, But you never -- 8 A So then I did tell someone that I wes Mrs, 9 McLaughlin, 10 Q Well, but you never, in any formal way, 11 notified enybody that your name was Susan M, McLaughlin? 12 A No, We never referred -- he would elweys sey .:) 13 just Susie, 14 Q okey. I understend thet, Now, In 1992 you 18 tiled a tex return, didn't you, end you took care of those 16 items, riling the tax returns? 17 A For Mr, McLeughlin, no, I did not do his 18 texes, 19 Q Oh, okay. Let me ask you this. In 1992 -- 20 A Yes. 21 Q -- you were required to file state and 22 rederel texes, isn't that right? 23 A Thet's correct. 24 Q And in 1992, et the end of the year, you 26 referred to yourself, when you filed your own taxes, es . 39 a 1 2 3 4 5 6 7 S 9 10 11 12 . 13 14 15 16 17 is 19 20 21 22 23 24 25 . being Susen M, Wolf, single, didn't you? A On my texes I would have filled out e 1040 eeBY form, Mr. McLeughlin used all of the expenses -- THE MASTER: That's not the question. THE WITNESSI Yeah, I filled out an eesy form, 1040 single, THE MASTER I That's not the question. Pleese repeet the question, BY MR, McKNIGHT: Q You filled that tax form out in December -- well, for the yeer 1992, you would have filled it out in '93, but for the year 1992, ending December 31, 1992, you filled out the tax return and it was Susan M, Wolf, single? A Correct, Q And it was single; not married, It was just single, is that correct? A Yes, There is not a box to check for common law marriage, Q Okay, Now, in 1993 you filed a tax return, end your '93 return was also susan M, Wolf, single, is that correct? A Correct, Same situation would have occurred. Q And in 1994 and in 1995, end -- heve you filled out texes for '96? A No, I have not, 40 --- 1 Q Okey, 2 A I don't heve the paperwork from your office 3 tor my properties. 4 Q But for every year thet you filled out taxes, 5 '92, '93, '94, '95, you always told the IRS thet you were 6 single, Susen M, Wolt, single. You elweys filed that wey/ 7 isn't thet correct? 8 A That is how I filed and am I allowed to 9 elaborete here 10 Q Just enswer my questions, please, Your 11 attorney can ask you egain if there is something 12 A Okay, Yes would be the enBWer to your i:;) 1] queeUon, 14 Q All right. NOW, when you went out to 15 Nebraska, you purchased a home together or a property 16 together with Mr, McLeughlin/ is that correct? 17 A Thet's correot, 18 Q I show you a copy thet we will mark as 0-1, 19 IWhereupon, Defendant's Exhibit No, 1 20 was marked for ident1ficetion,) 21 BY MR, McKNIGHT I 22 Q Could you identify that for us, pleese? 23 A Joint Tenenoy Warrenty Deed, Freide Mioklich, 24 a single person, one doller, Dwein McLeughlin and Susan M, 25 Wolt. . 41 o 1 that correot? a A That's correot, 3 Q And thet wes July 28, 1994? 4 A Okay, 5 Q Did you discuss the fact thet he was 6 purchesing properties, other properties? 7 A Yes, I essumed thet I wes on it as well, 8 Apperently I'm not, I even asked him one time if I hed to 9 go with him end he said no, 10 Q I'll show you an exhibit marked es 0-3, 11 IWhereupon, Oefendent's Exhibit No, 3 12 wes merked for identificetion,) (.) 13 BY NR, McKNIGHT I 14 Q It's a property from Myron Leng and sharon 15 Lang to owain McLaughlin; is that correct? 16 A That's correct, 17 Q And that wes March 1st '94? 18 A Yeeh, 19 Q And that's just in his name alone; is that 20 correct? 21 A It just says owain McLaughlin, It doesn't 22 sey anything about a single person behind it et all. 23 Q NoW, when he wes employed in Nebraska, 24 scottsbluff, he was -- he had to take out various employee 25 benefits? .. 43 (l 1 A okay, 2 Q Is thet correot? 3 A Thet' s correot, 4 Q When he epplied for thole benetitl he applied 5 tor thl. es being single, isn't thet oorreot? 6 A I heve no idee, 7 Q So you don't heve any ideas es to whether or 8 not he told his employer that he was single? 9 A Thet's correct, 10 Q You never insisted thet he designete himselt 11 a. bling married to the borough, that didn't concern you -- 12 to the city of soottsbluff? () 13 A I heve no idea what he told them. 14 Q Well, you stated thet you were very concerned 15 about heelth benefits, about how you would live, didn't you 16 raceive any insurence cards? 17 A No. 18 Q You didn't receive any insurance cards out 19 there so thet if you were sick and went to the doctor 20 A He would have taken oare of it, that's ell I 21 would have known, 22 Q Did you ever receive enything in terms of eny 23 identification whioh referred to you as married? 24 A From the city of Scottsbluff? 25 Q Yes, . 44 o 1 2 A Q No. From enywhere else did YOII ever receive -- in 3 the wallet you carried eround, did you have anything that 4 indioated you were Susen M, Wolf, merried? 5 A No, not in my wellet. There is nothing -- I 6 don't have enything -- I heve personel items -- 7 Right, But you've always officielly told Q B everyone your neme wes SUsen M, wolf and ell those people 9 believe you to be single? 10 11 12 o 1] A No, Q A Okay. Now, you indicated that your family Q They knew we were together, correct. Your family knew you were together but your 14 tamily didn't reelly cell you Susan M, McLaughlin, did they? 15 No, My mom would only use my middle name if A 16 she wae angry at me, 17 I understend that, And your family -- you Q 18 don't have any evidence showing that your family ever wrote 19 Mr. and Mrs,? 20 21 A No, Q They never -- your femily never referred to 22 you end aB Mr, and Mrs. McLaughlin? 23 24 25 . A I can't vouch for what they do as far as -- Q And they are not here I would think that -- mom would have sent , , I , A 45 r---. ,..+". 1 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 25 W cerds out to both of us, right. Q Agein, she would send the oards out to both you as Owain MoLeughlin end Susan Wolf, but she would not sind thlm as Mr, end Mrs, McLeughlin? A I think she just would send it out es MoLeughlin -- Owein end Susan McLaughlin beoeuse it would go to the addre8s, Q 00 you heve any evidence showing that your mother referred to you es being married? A No, I don't. I don't know if there is a oard in there thet seys to both of us. Q I know thet your first nemes were used but does anyone ever refer to you as being Mr, and Mrs,? A That one cerd that would heve came would have eoknowledged that, as aotual evidence I probably don't have enything, Q Okay. So you have no evidence that anyone out there referred to as Hr, and Mrs" is that correot? A From Nebraska, no, Q From Neuraska? A No, Q And you've been in Nebraska -- if your allegations are correct, you've been in Nebraska most ot your married life until you oame back to Pennsylvenie? A Correct, Everyone just celled me susie, 46 t-"\ . 1 2 3 4 5 6 7 8 II 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . Q Now, eround here everyone knowB you es Susan M, Wolt? They don't know you es being the wife of Owain MoLeughlin, do they? A Thet's correot, Q Do you know e lady by the name of Alone BartleB? A Q A Q A Q A Q AugUBt of '93? A Q A Q then? Yes. How do you know her? Who is she? She is en employee of Owein's, Is she a friend of yours? Yes, At one time, At one time? Correot, Was she a friend of yours in June ot '113 and Yes, I would heve known her then, And you would consider her a triend? No, You wouldn't heve considered her a frilnd A At thet time? Q Yes, A I probably would heve trusted her but now she et thet time she wee working tor Owain, YI., .hl wa. one of his co-workers, 47 . . 1 Q Uh-huh. Do you recell meking to her -- 2 saying to her in June of '93 and August ot '93, thet if ] Owain did not merry you, you were going to return to 4 Pennsylvenie? 5 A No, I do not recall making thet stetement at 6 ell, sir, 7 Q okey. 8 MR, KAYER! I will object to the introduction 9 of the affidevits. 10 TilE KASTER! I will sustein that because he 11 doesn't heve the right to cross-examine her, 12 MR, McKNIGIIT! Okey, 13 BY MR, McKNIGHT! 14 Q Heve you ever epplied for any loens or any 15 finencing showing that you are married to Mr, McLaughlin? 16 A Hr, McLaughlin handled all of the finences as 17 far as any loans goes, There is nothing thet I know of. My 18 car wes peid off before I ever met Dwein, I haven't teken 19 out enythin9 since, 20 Q Now, when you ceme here to Pennsylvenia you 21 took a lot of the joint pepers, the joint paperwork, the tax 22 returns, the financial paperwork involving your joint 23 properties, you were handling those finances and you brought 24 them to Pennsylvania, didn't you? 25 A Yes, I have some of the records, I don't 48 1""\...., ,. . 1 heve all of them, When Mr, McLaughlin moved out he took e 2 lot at stutt too, 3 Q And ell of those recordB you have in your 4 posleBsion, they ell refer to you as Suean M, Wolt and Dwein 5 M, McLeughlin, don't they? 6 A I would have to look through them. 7 Q This is the time for the heering, none of 8 them sey thet you're merried, do they? 9 A There might be something in there thet would 10 sey thet, I don't know, I can't say honestly and give you 11 a oorrect yes or no. 12 Q Don't you think - please, don't you think 13 that if there was enything in thet reft of paperwork thet 14 you brought back trorn Nebraska thet says Mr, end Mrs, 15 MoLaughlin, don't you think thet you would have it here to 16 Bhow us? 17 A I hope I would but I haven't really gone 18 through ell of those pepers at all. I really have not had 19 the time, I've been working two jobs end I heve not -- I 20 felt comfortable enough to know thet he mede the commitlnent 21 too, but as tar es the peperwork goes we just heve the 22 properties-- 23 Q What two jobs do you work in? 24 A I sterted to fill in substitution at the Tax 25 Bureeu -- fill in for a girl that is going on -- having a 49 ~ . . 1 baby, I've been able to get thet job back, And I work at 2 Roadway Express. 3 Q And I dere say -- I'm going to take e jump in 4 taith here -- but I dere say, that when you applied for 5 those two jobs, you epplied as Susan H, Wolf, singlel didn't 6 you? 7 A I wrote legelly seperated on my peperwork, I 8 don't know what else to tell you. 9 Q Do you have any paperwork showing that you 10 have told your current employers that you were married? 11 A NOI because I'm separated, I would not heve 12 any -- nOI beceuse I did not take the job until '96, 13 Q So your testimony today is 14 A And my status at the tax bureau would just be 15 activated beck to whenever I was hired in 1985, 16 Q Your statement today then is, that both the 17 tex bureau and Roadway believe that you're single? 18 A Yes, they know I'm seperated, yes, 19 Q Please answer my question, 20 A Now, I am single as -- whenever I'm 21 officially divorced my status will be single so I may as 22 well have the tax at a higher rate now, 23 Q Your testimony is, that as of when you 24 applied for these two current jobs you hold, you identitied 25 yourself to them as single? 50 1 2 3 4 5 6 7 8 9 10 11 12 . 1] 14 15 16 17 18 19 20 21 22 23 24 25 U A I probebly would have checked single and hopetully I would have probebly marked legelly separeted behind it. a Again-- A Thet's how I heve been viewing myself since I returned from Nebreske, a I understand you consider -- but you're telling everybody else you're singlo; is that correct? A Not yet, a you're telling your employers that you're single __ your current employers, the TeK Collection Bureeu and Roadwey, they know you are single; that's hoW YOU've identified yourself? A For taK purposes, yes, MR, McKNIGHTI Those ate ell of the questions I heve, THE MASTER I Any redirect? MR. KAYERI Yes, a little. REDIRECT EXAMINATION BY MR, KAYERI Q In the days leading up to November 16th of 1992, did you and Mr, McLaughlin speek of marriage during thole deys? A Q Yes, he did, okay, In whet conteKt, to the best ot your 51 0.. :) \.I 1 recollection? 2 A When I would come home from work, and I 3 rememblr Shelly Brandt being present the one time he 4 discussed it, end then, like I said, it evolved into 5 conversations between the two of us end thet commitment waB 6 madl that evening. 7 Q okey, 8 A He had -- in October would heve been when he 9 had esked me to go with him to Nebraska, that probably would 10 have bsen when he was waiting for a reply back to meke sure 11 he hed the job and everything like that, 12 Q Why did you keep your own name end not change 13 it to MoLaughlin? 14 A I would juot sey thet it is just an ego thing 15 with me. I even heve my own license plete thet says S, M. 16 wolf on it, It's just -- I don't know. I think it's me and 17 little respect thing out to my father; that's just a 18 perBonal thing that I prefer. I mean, you knoW, people 19 todey even get hyphenated names that I've taken notice to 20 some women do. 21 Q Now, with regerd to the 1992 return, why did 22 you file your taKes as a single person? 23 A Well, it started back in 1991 when we first 24 purchased the property together, We consulted H & R Block 25 end et that time they filled out his taKes, lie declered all 52 ,....... , '\ <) " 1 of my expenses to lower him out of a tax bracket, If he 2 would deolere income then it would throw him back into high 3 tex bracket so, therefore, for eech year they said, from now 4 on he Ihould declare all of your expenses for your texes and 5 he he. continued to do so ever since, It's a way to get out 6 of peying tederel income taxes is whet it is, If I -- then 7 I still can get a refund back on a single person 8 THE MASTER: They didn't tell you to file 9 merried filing seperetely, did they? 10 THE WITNESS: They did not tell me to do 11 that, They seid thet there is no common law -- I had to 12 13 file single when I inquired about it. But they said he cen declere my expenses to lower him out of a higher tax bracket 14 so he, therefore, got a bigger refund beck and then, of 15 course, I will get a refund back just on e single 1040 easy 16 a. well, It's e wey to avoid texes, 17 BY MR, RAYER: 18 Q Those refunds that you two would get back, 19 would those be deposited into the joint account for both of 20 your use? 21 A He probably would have cashed it through his 22 perBonel acoount end then if we had any extra bills end 23 stutt, he would pey them off, Ves, he would deposit money 24 into the joint account to pey off bills and buy groceries 25 and stuff like that. 53 ~ c 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 with regard to this exhibit, Oefendent's Exhibit No, 1, this is the deed to the Scottsbluff home thet waB the meritel home or the residence? A Right, Q Is it correct -- is my recollection correct from your earlier testimony that the initiel meetings with the realtor end so forth were done solely by Mr, McLeughlin, you were not involved in that process? A That's correct, Q As far as the day of the closing did enybody explain to you the significence of the deeds steting joint tenants end not as tenents in common? A No one ever said anything to thet effect, We just went into the benk. We set down. They had a representetive there, They didn't even heve Micklich there and we weren't even there but five minutes, We signed papers end then we just left, No one -- I meen, we weren't even there -- I meen, he had handled everything up to thet point end time, He took care of everything. No one seid enything. I just went in with him and set down, They told me where to sign and then I left. lie went beck to work end then I went beck to the house, I wasn't working et thet time, Q Now, with regard to Defendant's Exhibit Nos, 2 end 3, these are the properties thet just Dwe1n purchesed 54 r:\ , 1 solely? You indiceted in your response to Mr, McKni9ht that 2 you eBBumed that you didn't have to take pert in the 3 purcheBeB ot these propertieB? 4 5 6 A Correct, Q A Why did you eSBume thet? Everything wes joint alreedy and we were 7 married end I didn't need to be involved, 8 9 care of in Nebraska? Q How was your health insurance needs taken 10 A I think through a COBRA plan through the tax 11 bureeu of cerlisle, like an extension of benefits et the tax "" \.) 12 -- where I worked. 13 14 premiums? 15 Q Who was paying the monthly insurance A He did and then I paid it would have ceme 16 out of the joint checkbook or was put on a credit card, one 17 of the two because I didn't have a job at that time, So any 18 monlY that I needed I would have to ask him for money, I 19 didn't have a job at all, 20 21 in october of '95 -- Q Now, when you left Nebraska to come back here 22 23 A Yes, Q -- Mr, McKnight characterized thet you had a 24 "reft of peperwork" that you brought beck with you? ~ 25 It was just all of the attorney's A 55 r:. ".) 1 paperwork -- I think we have e box full of peperwork from 2 Mr, Brenner's office in Bcottsbluff, Nebraske, ell of the 3 paperwork that went beck end forth betwlen hi. ettorney. out 4 there end my ettorneys. 5 Q Why did you retain Hr, Brenner in NebreBke? First of all initially for the protlction 6 A 7 order, B Q Wes there any follow-up efter the proteotion 9 order? 10 A Yes, they hed mede numerous corre.pondence 11 back and forth, o 12 13 Q In fect, isn't there e pending ection right now regerding 14 A Yes, there is a pending countercleim to the 15 lewsuit, to the abuse and behavior thet he hed done to me, 16 That's on permenent hold until this is over here, 17 Q Is thet -- the pepers eSBocieted with thet 18 litigetion, the mejority of the peperwork thet you took be ok 19 with you? 20 A Yes. I had to bring that with me, In faot, 21 most of it is in your office. 22 Q With regard to the jobs that you havo now, 23 other then tex forms, were there any forms that oither of 24 your employers required you to filo where you tlnd to 25 designate whether you were singlo or married or seperated? " 56 0 .~.--$ 1 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 25 " A No, It's just for tax purposes; thet's the only thing thet you ever have to fi 11 out, MR. \<AYERI I have no further questions, MR, MoKNIGHTI Just a oouple, RECROSS EXAMINATION BY MR, MoKNIGHT: Q I think I understand now, in answer to the questions from your attorney, when you were out in Nebraske you were oovered by your insuranoe baok here in Pennsylven1a? A It oontinued to go. Q It oontinued to go? A Yes, That was a gift from my employer. Q So the ooverege continued here in Pennsylvanie and in Pennsylvania you never told them that you were now merried? YoU oontinued to heve ooverege under your COBRA plan under thet single designation that you sterted out with; is thet oorrect? A Just on myself. I didn't bother to ohange enything. Q You didn't ohange anything saying, I'm Inerried now, A No. I didn't bother through the peperwork, The agreement that he gave me was, you know, it was a nioe gift for him to do that, the insuran~e, 57 ,,-,., . 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 So your -- are you saying the entire time you were in Nebraska your heelth coverage was on a plen beck hire in pennsylvenia? A Either thet or through Herbourtown Mortgage compeny, Q And what is that? A Where my next employer was, Q And you were employed out -- was that out in Nebraska? A As a secondary coverage, yeah, Q As a secondary coverege -- A Thet's what I took it out es, Q When you were employed out in Nebreske with your employer out there, you told them thet you were single, didn't you? A Again, for tax purposes, yes, I would have seid I hed to fill out a single return, Q So you told them you were single and if you hed any secondary coverage through them it was as a single person; is that correct, in Nebraska? A It just would have been coverage on me, Q And it would have you as e single person, Susan M, Wolf, single? A Yes, I did not teke eny extra inBurance -- any insurance that I remember us taking out would have blln 58 ,--. 1 2 3 4 5 6 7 8 9 10 11 12 . 1] 14 15 16 17 18 19 20 21 22 23 24 25 . on the property et 239 Lincoln street where we took out a joint return tor the -- if something would heve happened to the property -- he knew that I couldn't teke cere of property so we took out e joint life inBurence policy or something, like, you paid it through your escrow, Q But agein -- A And thet's a joint return, Thet would be a joint insurance policy. Q I understand that, But on that property on Lincoln street, you were known as two single people and thet's how the insurance was teken out, es two single people on Lincoln Streetl is that correct? A The insurance exactly, I don't know, It just says e joint return et the top of it. I don't know how they covered it, Q But it would be for Susan M, Wolf and Owein McLeughlin? A No, I think it is just under Owain's name alone and it's joint. Q Again, though, it is -- if you own the property es being single and you took the insurence out then -- A The insurance is in Owain's name alone and it's a joint policy. Q If it's in his name alone does it neme you as 59 1 b.netio!arYI is thet right? 2 A I would eBBume so, I do not know, 3 Q Did it Bay Dwain R. McLaughlin end Susan M, 4 Wolt, husband end wife? 5 A No, it just seid Dwain McLaughlin on it, 6 Q So that does not refer to you es being 7 merried in the ineurance policy? 8 A No, It just has his neme elone on it and 9 it's a joint policy, 10 MR, McKNIGIITI That's all of the questions I 11 have. 12 MR, KAYERI Just to fOllow-up. . 13 REDIRECT EXAMINATION 14 BY MR, RAYERI 15 Q With your employer in Nebreska, the health 16 inlurance coverege, didn't Owain have insurance ooverage 17 provided for him by his employer? 18 A Correct I just from whet Mr. McKnight 19 showed -- like, he esked me eerlier if I hed knowledge of 20 being on thet. I did not know, 21 Q Now, if you were going to include Owain on 22 your coverage, wouldn't thet have cost extra money? 23 A Yes, 24 Q That wes extra money thet didn't need to be 25 spent because you already hed coverage? . 60 o 1 A We would heve peid $200,00, 2 Q How otten did you pay thet? 3 A Until I had secondary coverege with the 4 mortgage compeny et my other job, 5 REDIRECT EXMIINATION 6 BY HR, !<AYERl 7 Q Wes thet a monthly payment of $200,00 or 8 quertlrly, do you recell how frequently you had to pey the 9 premium? 10 A No, I don't recall, 11 TilE MASTERl And you paid thet until you got 12 your second job? <:> 13 THE WITNESSl Correct. I think Mr. 14 MoLaughlin paid a couple of times. So mey be it was mey 16 bl, liks, the third or fourth quarter, May be it wes 16 querterly, 17 THE MASTERl Did you ever notify the sociel 18 seourity administretion of the change in your merital 19 status? 20 TilE WITNESS: No. 21 TilE MASTER: That's all I have. Do you have 22 another witness? 23 MR, KAYERl Yes, I do. 24 MR. McKNIGHT: One second, 25 RECROSS EXAMINATION . 62 e 1 2 BY NR, MoKNIGHTI 3 Q Just one other follow-uP' As I understend your testimony, you moved out to Nebraske and you peid -- 4 you peid for COBRA benefits back here in Pennsylvania until 5 you got your other job? 6 A owain would heve, yes, 7 Q Well, but the point is you paid those 8 separetely? He would have been handling that as far as 9 A 10 taking care and providing for and everything like that, It 11 was seperate, 12 Q Had you been married and told his employer o 13 that you were married, you could have hed coverage under his 14 employment? 15 A That's what I thought I had, Well, why would you think that you hed 16 Q 17 coverege through his employer and continue to pay for a 18 coverege under your COBRA plen? Why would you have double 19 ooverage? 20 A I remember him saying that the benetits 21 weren't too goodl that's all I remember. 22 Q And that's -- and then you continued -- when 23 you hed your own insurance, you told them that you were 24 single end you peid them as if you were single? 25 A I didn't pay anything, It was just a benefit . 63 I i I i I, o 1 that thlY coverad eutometically; thet'B all it weB, I 2 didn't even fill out eny Bpeciel formB or anything, It weB 3 just a given benefit to the job, 4 MR, McKNIGHT: ThoBe are ell of the questions 5 I have, 6 THE MASTER: Could you call your next 7 witnels, pleeBe? B MR, KA\1ER: YeB. 9 Whereupon, 10 SHELL\1 BRANDT 11 heving been duly Bworn, teBtified aB folloWSl 12 DIRECT EXAMINATION . 13 14 B\1 MR, KA\1ERI 15 Q MrB, Brandt, can you Btate your name for the 16 record, pleeBe? 17 A Shelly Brandt, IS Q Where do you live? 19 A l104-A pine Roed, cerliBle, 20 Q How long have you lived out there? 21 A About 6 yearB -- 7 yeerB, 22 Q How long have you known each of the perties 23 in thiB diBpute? 24 A Sue ebout 7 yearB, owain 25 plUB, 25 Q 1I0w did you firBt meet Dwain? . 64 ,.-., 1 A School, 2 Q Would that have been high sohool? 3 A Yeeh. 4 Q And where did you both ettend high school? 6 A Cumberlend Valley, 6 Q How did you meet Susan? 7 A Through Dwein. I don't know exactly where, 8 Q When you met Susan what wers her living 9 arrangements at that time? 10 A I'm not sure beceuse when I moved beck up 11 from Florida they were in between something thet hed 12 happened, I don't exactly know whet it wes but she -- I met ~ 13 her at Dwain's house but I don't know if she was ectuelly 14 living there at that time, 16 Q To give us some perspective, when did you 16 move back from Florida? 17 A The end of '90, 18 Q And how long after you moved up from Florida 19 would it have been before you met Sue? 20 A probably right eway. 21 Q What's your relationship with eech ot the 22 parties today? 23 A Good friends with both. 24 Q Now, et the time that you met Susen in 1990, 26 how often did you see both Susan and Owain? . 65 (") ~..._" ., 1 A 2 Q Once a week; once every two weeks mey be, And at that time; isn't it true, thet in 3 addition to being friends, you were renting a home from 4 Dwain? 5 A 6 Q 7 A s Q Um-hum, That's the mountain home? Yes, Now, during that time period were the two of 9 them living together or apart? 10 11 A Together, During the time that you knew them, did they Q 12 seperate at any time during that time? o 1] 14 A Not that I recall, Q Did you know them at the time that owain got 15 the job offer to go to Nebraska? 16 17 18 19 A Urn-hum, Q A Q Do you recall about when that occurred? No, Okay. Now, were you present for eny 20 discussions between the parties about the prospect of 21 relocating to Nebraska? 22 A Yeeh, susie wes concerned, she wes having 23 some medical problems before they left, I remember, I don't 24 remember whet they were but her health insurance was taking 25 cere of it and she was concerned that when she would move to . 66 r'"'\ , 1 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 25 . Nebraska she wouldn't have any health insurenoe benefits, and I was there during a conversation where Dwain seid he would teke care ot her medical benefits; not to worry that he would teke care of them and he would just take cere of her period, Not to worry, It wes, you know, not a big deal. Q So during this discussion, thet you were present for, she expressed her concerns to him at that time? A Urn-hum, Q Was there any discussion of marriage during that conversation? A I recell them talking ebout thet end he seid, we will do thet when we get out in Nebraska, that thet wes not a big deal either; that's, you know -- sure that's in the future, We will do that when we get out there; that it didn't meke much sense to do something here, they are in a hurry to get out there and why go through the big rigamarole, We will do it out there, It was not a big deel. It was just something that was mentioned. Q And that was something that he volunteered; this was not something that Susan requested of him, A They were both kind of talking about things; just things like that, what are we going to do about this health insurence and whet are we going to do -- it was both, Q okav, ~~ any time did either Dwain or susan 67 J'....'\ o . 1 tell you thet they were merried? 2 A No, 3 Q Did you conBider them to be married? 4 A I was surprised that Sue would go out there 5 without it being e SUre thing that they were going to be 6 beoause that seems like en ewtul long trip out there, a fer 7 trip to leave her family, She wes pretty family oriented es B tar as I wes concerned, and for her to move out there I 9 would -- I felt like that was a thing that was going to 10 heppen and thet's why she was moving out there, It wes 11 beceuse it it wasn't something thet waB going to lest, why 12 bother moving all of that wey, 13 Q Did they refer to themselves as married at 14 any time to you or anyone else that you're aware of? 15 A No, 16 Q Did they socialize together or apart? 17 A Together. 18 Q Were there functions that you attended thet 19 they ettended as well? 20 A We pretty much just visited at their home, I 21 don't remember doing too much outside of home things. 22 Q Did you maintein contact with either of them 23 when they relooated to Nebreska? 24 A Both of them1 not a lot, 25 Q When you maintained contact was it with both 68 o 1 of them at the same time or one or the other individuelly? 2 A Individually. It would be on the phone, 3 Q Okey, And since Susan heB returned to 4 Pennsylvanie, have you maintained contact with her then too? 5 A Um-hum, 6 MR, KAYER: I have no other questions, 7 THE MASTER: cross-exemine. 8 MR, McKNIGHT: Just a couple, 9 CROSS EXAMINATION 10 BY MR, McKNIGHT: 11 Q You don't recall the date that you were at 12 their house that this discussion ebout heelth benefits 1] occurred, do you? . 14 15 16 17 18 19 20 :Ill 22 23 24 25 . A No, I don't even remember when they left, I don't remember whet yeer they left, Q But you distinctly remember during the conversetion that Owain indicated thet he would merry her sometime in the future? A Yes, out in Nebraska, though. Q out in Nebraska; not in Pennsylvania? A Beceuse this was -- it was too muoh of a quick move, We are reedy to go, let's get out of hlrl and go to Nebraska and get set up and whetever in Nebraaka. Q Now, before you went to this social ocoaaion on this date, whenever that date was, you knew they Wire 69 -----. . . 1 single; is that correct? 2 ^ ~~~. 3 Q And after you lett that nivht you still 4 bllieved they were single? They didn't get married in your 5 presence? 6 ^ No, 7 Q And the next time you spoke to them they were 8 out in Nebraska, I guess, or somewhere neer there? 9 ^ I don't know when I spoke to them agein, 10 Q And every time you spoke to SUsen Wolt in 11 Nebraska she never said, I'm married, did she? 12 A No. 13 Q And every time you spoke to Owain in NebraBke 14 he never seid, well, you know, we are merried? 15 A No, 16 Q And actually now thet Susan is beck in 17 Pennsylvenie, she has not really talked ebout being married, 18 haB she to you. 19 A She talked about she felt like they had a 20 reunion out there and that she thought they were together 21 for the duration, 22 Q So she talked about it happening out there? 23 A Right, 24 Q She didn't say it happened in Pennsylvania? 25 A I don't -- no, I don't remember, I remember 70 ~ o . 1 hlr seyinq thet they hed e conversetion. I don't remember 2 it IhQ said it was out there or here beoeuBe that wes -- 3 sinoe allot this hes happened I don't 4 Q But es fer es you know, eround here, to you 5 and your friends, she is still single, thet's how you know 6 hlr? 7 A What mede me I couldn't understand why he 8 would leeve the way he left if -- he sort of left like a 9 married men, Why wouldn't he leeve if they were just 10 boyfriend and girlfriend, sey, listen, this isn't working 11 out. Let's split up our properties thet we heve together 12 and just you go home. 13 Q There was no evidence -- you never received 14 any documents or eny letters or cerdB from them saying Mr, 15 and Mrs.? 16 A No, 17 Q When they attended social functions together, 18 they didn't welk around seying, we ere Mr. end Mrs. They 19 Wire just together? 20 A Yeeh, I don't do that with mine either, but, 21 no, they didn't, 22 Q okey, Are you merried? 2] A No, But I am in e relationship where I teel 24 like I'm merried and if something ever ceme to, are you a 25 merried oouple, we portrey ourselves es e merried OOUpll, 71 --- 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 . We heve ohildren together, We heve checking eccounts together, end insurence together, end e business together; end we portrey ourselves to the public eB a merried couple. He would Bey we were merried. But we ere not formelly married through a ceremony, Q Do you represent to people that you are married? A I refer to him es my husbend often in e conversetion, It's more comforteble then saying he is my fiance or my boyfriend or whetever, I used to sey thet end it got to the point where I've been with him long enough now, end we've been running our lives as a married couple, that I just sey to a person on the phone, my hUBbend has a oontribution compeny end he did bleh, bleh, bleh. Q 1I0w many years heve you been with him? A Seven, THE MASTER I I don't want to heer about her elleged merriege or marital relationship, MR, McKNIGHTI Thet's fine, BY MR. MoKNIGHTI Q One final question, I've heard your discussion about how you and your boyfriend operate, but Susan Wolf never referred to Owain as her husband, did she? A I never heard her call h1.m husband, HR. McKNIGIITI That's all I wanted. Thank 72 (") "-..,..- 1 you. 3 4 THE MASTERl Any other questions, Mr. Kayer? MR. KAYERl No, I heve nothing else, TilE MASTERl All right, You mey be excused. 2 5 Thank you tor coming in, Any other witnesses? 6 MR, KAYERI No, 7 THE MASTERl Do you rest? 8 MR, KAYERl I will move for the edmission of 9 our doouments, 10 THE MASTERl Any objection? I know your 11 objeotion on the piotures and thet's already been noted, Q 12 13 14 15 MR, MoKNIGHTl Well, it's not the pictures. It's the cards, TilE MASTERl Excuse me, The cerda, MR, McKNIGHT: No, I have no other 16 objections. 17 IWhereupon, Plaintiff's Exhibit Nos, 18 1 - 4 were edmitted into evidence,) 19 TilE MASTER: Are you ready to proceed? 20 MR. McKNIGHT I I would, although I'm almost 21 ready to move for a summary. But that's all right, 22 THE MASTER: You can do that, unfortunetely 23 I em not able, in my position, to grant a judgment such es 24 thet, If I were inclined to I couldn't do it anyway. 25 MR, McKNIGHT I I understand. We will present . 73 r, 1 evidlnol. 2 THE MASTER I All right. Would you swear Mr, 3 MoLaughlin. 4 Whareupon, IS OWAIN K. MoLAUGIILIN 6 having beln oelled eB e witness, teltified es tollowsI 7 DIRECT EXAMINATION 8 BY MR, MoKNIGHTI 9 Q Your tull neme for the reoord? 10 A Dwain Kerry MoLeughlin, 11 Q And where do you ourrently reside? 12 A 620 15 street, Gering, Nebraske, o 13 Q And spell Gering for us. 14 A Q-e-r-i-n-g, 16 Q Now, you've hlard the teBtimony trom Susan 16 Wolt about when you were together, and she gave us e history 17 ot when you were together end when you were sepereted, was 18 that essentielly aoourate, when you were together and when 19 you were seperated? 20 A I think so. 21 Q So we will eccept her time line, whioh 22 basically says thet you were together tor about 9 monthB, 23 sterting in 1989, end then you separated. She went to 24 Florida and then you got beck together again about the time 25 you purohaBed this property, Maroh 1st of 1992, I think, in . 74 r-. 1 Plnnsylvanial iB thet essentielly correot? 2 A I think BO, 3 Q And then except for elteroations you were 4 toglther end moved out to Nebraske together? 5 A Yes, 6 Q ~nd you were lest together, es she indioeted, 7 early in '951 is thet right, in Nebreska? You lett about B Flbruary of '95? 9 A Um-hum, 10 Q So our time line that way, in terms of when 11 you were together end when you were separated, you agree 12 withl is thet oorrect? . 13 A Generelly. 14 Q Now, in Pennsylvenie you purohesed a property 15 on Lincoln Street and you did it in both nemesl is that 16 correot? 17 A Um-hum, 18 Q But it cleerly says single? 19 A Yes, 20 Q Did you ever hold out to enyone, while you 21 lived here in cerlisle, before you moved to Nebraska, thet 22 you were merried? 23 A No, 24 Q Did you -- how were you with your employer 25 here in cerlisle, what wes your status with them? . 75 r-, o 1 :it ] 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . A sin9le, Q Now, we've heerd teBtimony about disousBions that you hed with Susen Wolf ebout moving to Nebraska, Would you indioete for the Oivoroe Mester what those disouBsions were? A Never raised the thought thet we were merried, oisoussions reletive to teking oare of one another genlrally was thet I would egree to pey her COBRA plen until she found a job where she would have her own insurenoe. The issue of merriege just never cropped up and unless -- if she couldn't find a job there was some potentiel perhaps, uepending on our relationship, that we might get married, But the idee hed never been consummeted, if you will, by me or her. Q Shelly Brendt indicetes thet she wes there at e discussion you had JUBt prior to moving -- A And I don' t reca 11 that, I'm sure she was. Q Okay, And her testimony waB that you would -- you hed indicated to her that may be, Borne time, when you moved to Nebreske, you would get married? A I believe that she probebly heard that end I believe thet I seid that, but certainly there was nothing solid about that or nothing concrete about it, A mere -- just utterence of being married at the time reelly didn't set well with me, 76 ~ o . 1 Q Did you have any discussion with her after 2 shelly Brandt lett that indicated et ell thet you were 3 havin9 a oeremony or being merried to one another? 4 A No. 5 Q There was nothing like thet? 6 A No, 7 Q When you moved to Nebreska, did you do 8 anything, like, have, as she alleged, e vacation which wes e 9 honeymoon? 10 A No, 11 Q Did you, in fact, go away for a weekend? 12 A Yeah, I mean, I go away for the weekend 13 quite e bit, I'm certeinly not honeymooning eech time I do 14 that, 15 Q But did you teke her with you end go ewey? 16 A Urn-hum, 17 Q Now, when you moved out to Nebraska, you then 18 took e position of employment with the city of Scottsbluffl 19 iB thet correot? 20 A Urn-hum, 21 Q What was the neture of your employment, whet 22 job did you receive? 23 A Plenning Building official for the city. 24 Q When you applied for thet position, did you 25 deaignete your stetus as being single or married? 77 t"'"'\ o . 1 A single, 2 Q And did you so -- end have you meintained ] throughout the period that you were out in Nebreska, did you 4 changl that designation et ell? Ii A No -- 1 have, 6 Q okey, 7 A But only recently, 8 Q okey. And what wes the recent chenge? 9 A December 13th I was merried. 10 Q Okay, On December 13th you were merried? 11 A Um-hum, 12 Q To whom ere you merried? 13 THE MASTERI What year wes thet? 14 THE WITNESS I Lest December, ' 96. 15 BY NR, McRNIGHTI 16 Q To whom are you married? 17 A Lee Ann McLaughlin, 18 IWheraupon, Defendant's Exhibit No, 4 19 was marked for identification,) 20 BY MR, McRNIGHTI 21 Q I'm going to show you what's been merksd 22 Defendent's Exhibit No, 4, Is that a letter on 23 Scottsbluff's -- from the Humen Resource Specialist seying 24 that -- regarding your marital status? 25 A Do you want me to read it? 78 o o . 1 Q Just identify it for us, 2 A It's a letter from Eve Johneton end it 3 indicatl. that et the time I wes employed I indicated thet I 4 wa. a single person. 5 Q When you were employed? 6 A Yes, 7 Q okay. And how heve you filed your tex 8 returns for the years 1992, 1993, 1994, 1995, how heve you 9 filed your taxes all of those years? 10 A And 1996 -- well, '96 haen't been filed -- 11 single, 12 Q All those years from '92 through '95, for 13 tho.e taX years, you filed es single, is that correct? 14 A That's correct, 15 Q And until your merriage in December of '96, 16 you meintained that status with your employer as being 17 single, is that correot? 18 A That's right. 19 Q On the deeds that we have presented as 20 evidenoe, one, two, and three, the joint deed in Nebraske 21 is -- there is no designation of you being married, is that 22 oorreot? 23 A No, that's correct. 24 Q And on one of the two deeds you bought 25 individually, it clearly says you're single, is that 79 .0 o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1B 19 20 21 22 23 24 25 . corrlct? A That's correot, Q And the other one just has your name? A Right, Q Those properties you brought in Nebraska, whose funds did you use to pay those? A Mine alone, Q NoW, did you maintain -- have you maintained your own separate account? A Yes, Q And you maintained your own separate account in addition to the joint account that you had for the proplrties? A In the joint account we hed for thet single property in Nebraska, I maintained my own records and own checkbook for the two properties that I owned separately, As it relates to the property that we own jointly, the checking account kept there was for activities of only thet property. And the purpose for that was to identifY who mede deposits into the account and where those payments went because the pertnership, I'll call it, was to have her, over some period of time, pay back the entire down payment I made on the property, So that record would show that the ecoountebility of receiving those funds wes established through that account alone, Every now and then something 80 n Q . 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 other then e utility bill or e disbursement to something other then that property may occur, but it wasn't a typicel ectivity. Q So at all times while you were in Nebraska, you maintained en account in your name in addition to thet joint aocount for the property? A Correct, Q Do you know whether or not she mainteined her seperate account? A I know for a fact she did. Q So she had her own account in Nebraska elso? A Um-hum, Q While you were in Nebraska did you ever hold out to anyone that you were married to Susan M, Wolf? A Never, Q Is there anyone out thero that thought that you were merried and referred to you as husband and wife, unless it wes e stranger by mistake -- A They would have to be a stranger -- complete strenger, Q Did you ever apply for any loans as husband and wife? A Never, Q Did you ever apply for any insurance benefits as husbend end wife? 81 ~ . . 1 2 A Never. Q Whet is this policy that she is rsterring to, 3 this related to the carlisle property? 4 A I guess it's a survivor policy, In the event 5 one ot us died, the property is paid for end it goes to the 6 other person, And thet's the extent ot the policy, As e 7 matter of fact, I think thet's been canoelled. 8 9 as being single? 10 11 12 Q But when you applied for that, did you apply A Yes, Q And that's never been changed? You never called back and seid, now we ere married? o 13 14 15 16 A No, Q A Your answer is no? Yes, Q Did anybody -- she indicates that there is 17 some cards that you would receive, to your knowledge did you 18 ever receive anything that said that you were married? 19 20 21 merried? 22 A Never. Q Has her family referred to you es being A No, The only thing that mey be construed 23 would be to Mr, and Mrs. Occupant. You know, nobody hes 24 ever sent enything to us to indicate -- who hes known us, . 25 thet would indicate that we are married. S2 21 Where is that? she has it, she removed them when she left \ ~ : i ! c 1 Q Did susen Wolf ever indicete to you that she 2 thought she wee merried? 3 A Never. When was the first time thet you got any hint 4 Q 5 that she believed that you were married? 6 A I think her attorney pointed it out to my 7 attorney in Nebraska, 8 Q So you heard about it -- the first time you 9 heerd her refer to herself as being married to you was after 10 Ihe consulted with a lewyer? o 11 12 13 know, wented some stuff that belonged to me and suspeot that's the reeson for the protection order. I called her A Yeeh, And the purpose of thet wes, I, you 14 end indicated I needed to come to the house and get 15 Bomething and when I left the house I took a desk, a TV set, 16 end a bed, At thet time I was 40 years old, Everything 17 thet I have ever eccumulated -- anything thet anybody has 18 ever given to me, my parents, grandparents or whatever -- 19 photographs of my deceased brother and all of my familY, I 20 don't have in my possession. 22 23 Nebraska, and I suspect the protection order was so that she 24 could do that, so that I couldn't go and get my property, I Q A heve never broken into the property, I've never physicallY . 25 83 ,-,., 1 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 25 . abused her, You mey suggest thet I abused her by leaving her and not continuing to pey her bills end supporting her, I gu.... In thet respect, I left her, but I didn't leeve a marriage, I left just a cohebitated house, NR, McKNIGHT I Those are all of the questions I have. THE MASTER I cross-examine, CROSS EXAMINATION BY NR, KAYERI Q okey, Let's focus on this conversetion that took place, allegedly, in November of 1992. Now, et one point during your direct examination you said you never mentioned a marriege, and yet you also testified that you heard Shelly Brandt indicete that she heard you discuss marriage in that conversation; and thet you believe thet she did indeed sey that; that you're not contesting that, Can you, pleese, clarify that for me? A Are you referring to ths conversation that happened in october? Q October or November or '92, that's correct. A Which? Q Wes there more than one conversation? A Well, I don't know, YoU asked me about the conversetion in November relative to being married, I didn't recell any conversation in November, which 84 I'i'I "-,,. 1 convereation are you referring to? Well/ let me ask you, did you have many 2 Q 3 conversations with Susan with regard to the question of 4 relocating to Nebraska? 5 6 7 8 A Q A Q 9 A Yes. When did those conversations occur? prior to moving to Nebraska. Can you give me a time period? cannot. probably from september through 10 November on the day that we left. 11 During those convorsations did Susan express Q 12 to you any particular concerns that she had about the o 13 proepective relocation to Nebraska? 14 15 16 A Q A Um-hum. 17 Insurance was one of them. Leaving her family was probably 18 another, but the specifics of that conversation, occurring 19 four years, I can't recall. 20 What were those concerns? I don't know specificallY what they were. Q Okay. You testified that there was nothing 21 solid or concrete discussed at that time, you do recall that 22 much, don't you? 23 24 25 .. A Solid or concrete regarding what? About the question of your relationship? Of being married? Q A 85 '1 o 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 Yes. A No. There was nothing discussed that was solid or concrete about the possibility of being married or the fact that we were married then. We weren't. Q So you don't recall what promises you made to Susan at that time -- A I didn't make any promises to Susan. There were no promises made. Q How did you address her concerns that she expressed to you? A I indicated to her that I would be able to pay for her insurance, the COBRA insurance, until she found a job. Q So that was a promise? ^ Well, you construe it as a promise. It was a statement to indicate to her that that would happen and, in fact, it did. Q What else did you convey to her at that time? ^ I don't recall. Q Was there ever any question that she wouldn't follow you out to Nebraska? ^ I think there was. Q And isn't it true that you would have said anything to convinoe her to follow you out to Nebraska? ^ I don't think so. You know, I don't -- all 86 . . 1 of those things that were in the house/ that were paoked, 2 were reallY mine. She reallY has one dresser that followed 3 U8 to Nebraska. I meant all of the furniture, the household 4 goodS, the pots and pans/ and silverware, they were all mine 5 and thOle things I paoked in a period of 30 days, when I 6 left my job/ until I took my other job. 7 Q Well, you seem fixated on the property end of 8 it, I'm trying to foouS on the relationship end of it. NoW/ 9 you're saying at one time -- 10 A My point was, I'm not paoking her things, I'm 11 paoking my things. 12 Q okay. At one time there was some question in 13 your mind as to whether or not you would be making this move 14 on your own or whether it would be a joint move with you and 15 susan, is that oorreot? 16 A Ask me that one question at a time. 17 Q okay. During this time period, when you had 1B first gotten word that you were going to get this job in 19 Nebraska/ up until the time that you aotuallY physioallY 20 relooated to Nebraska, let's fooUS on that time period. 21 A Um-hum. 22 Q During that time period, were you oonoerned 23 that you may be making that move on your own as opposed to 24 with susan? 25 A 1 wasn't ooncerned about it. 1 kneW 1 would . B7 "'"'\ :) . 1 be making the move irrespeotive of whether or not she was 2 coming. 3 Q Did you have a preferenoe as far as whether 4 that would be a move alone or a move together? 5 A I don't think that I did at that timer quite 6 frankly. 7 Q Can you tell me what you oonsidered your 8 relationship to be at that time? 9 A Real estate partner in that oase and a real 10 estate partner on the joint purohase of the property in 11 Nebraska, and simply friends. 12 Q Real estate partners that lived together for 13 a period of nearly three years? 14 A And friend. 15 Q Okay. And this relationship, or partnership, 16 as you oharaoterize it, is one in which, among other things, 17 the two of you were sexually aotive, is that oorreot? 1B A Um-hum. Did you ask me if I oharaoterized 19 that? 20 Q You charaoterized it as a partnership in your 21 direot examination -- testimony? 22 ^ I thought I oharaoterized it as something 23 different. 24 Q Now, as part of your relationship with Susan, 25 didn't you give her gifts such as a diamond neoklaoe for BB t"1 1 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 25 . example? A Yes, I gave her a dialRond neoklaoe. Q Is that something that you would give to any real estate partner that you have? THE MASTER: He said they were friends. MR. KAYER: Okay. THE WITNESS: I've given other diamonds to friends. BY MR. KAYER: Q Okay. A None of them real estate partners. Q Now, in your direot examination you also indioated that the issue or marriage never oropped up during those disoussions in Pennsylvania, am I oorreot in understanding that? ^ I don't reoall suggesting that we beoome married. Q Do you reoall susan suggesting that you become married? A No. Q Now, you also testified that you never held yourself out to anyone as a married oouple but you did reoeive joint gifts while you were out in Nebraska, didn't you? ^ Um-hum. 89 -, 1 Q And these were gifts that were given to you 2 by friends and oo-workers, is that correot? 3 A What speoifio gifts 4 Q Well, the bookends, for example, that you 5 reoeived, that were personalized? 6 A I don't reoall them. 7 Q Okay. And didn't you aotually refer to 8 yourselves, when you discussed your relationship between you 9 and Susan, as a family. The family oonsisting of you and 10 hsr, your dog Walter? 11 A No. 12 Q Now, you also said you never physically ,:) 13 abused Susan? 14 A Yeah. 15 Q Dispute the fact you were oonvioted of 16 assault in 1990? 17 ^ I was not. 18 Q You were not? 19 A I was not. 20 Q Do you reoall what the oircumstanoes were 21 that caused you and Susan to be separated in 1990? 22 A Um-hum. 23 HR. MoKNIGHT: Objeotion. It's before the 24 marriage. It's not relevant. 25 HR. KAYER: It's relevant to the witness'. . 90 o o w 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 oredibility. He indicates that he never abused susan and that's contrary to statements that are on the reoord. THE MASTER: I think perhaps he ought to give his version of it sinoe the reoord does give her version so let __ just tell us your reoolleotion of THE WITNESS: I asked her on numerous occasions to leave the mountain house and she would not. I oame home in the morning and she was still there and I pulled her by her ankles out of bed and she hit the floor and claimed that she injured herself and I was arrested for assault, but I was not convioted of assault. I was oonvicted -- pled guilty to disorderly oonduot. Apparently the polioe didn't want to pursue the assault, whioh, if loan elaborate, would tell you that if she thought she was being assaulted or abused, she would simply oall the polioe. There wouldn't be any question of whether or not that were a faot. She has established that. BY MR. KAYER: Q NoW, you also testified that you're married today and you got married on Deoember 13th? A Of 1996. Q When did you meet Lee Ann? A Oh, I don't recall. couple of years prior. Q Would it have been while you were still living with susan? 91 "l 1 A I knew of her probably within a oouple of a month. after being in Nebraska. I wouldn't say that -- in 3 just a passing friendship. I don't think that -- well, what 4 was the question? Did I meet her while -- 5 Q You were living with Susan? 6 A Yeah, that's oorreot. 7 MR. KAYER: I have nothing else. 8 REDIRECT EXAMINATION 9 BY MR. McKNIGHT: 10 Q Mr. MoLaughlin, in terms of disoussions that 11 we've -- your previous testimony, again, it's your assertion 12 that when you were out in Nebraska, you never indioated to ~ 13 anyone that you were married? 14 A No. 15 Q Nor did she? 16 A True. 17 Q And that just before you left to go to 18 Nebraska there was no promise of marriage made to her nor 19 was there any marriage that took plaoe? 20 A Right. 21 Q Not a private marriage nor a publio marriage? 22 A Right. 23 MR. McKNIGHT: That's all I have. 24 THE MASTER: Mr. McLaughlin, did you give 25 Susan any ring that would oonnote any kind of a speoial .. 92 o 1 relationship? 2 THE WITNESS: No. 3 THE MASTER: When you got married to Lee Ann, 4 how did you do that? 5 THE WITNESS: We were married in Torrington 6 which is in an adjacent state. We are 20 miles from 7 Wyoming, in a court by a judge. B THE MASTER: And did you give any token to 9 the marital relationship at that time? 10 TilE WITNESS: I did. 11 BY THE MASTER: 12 Q What did you do? o 13 A Gave her a ring. 14 Q Did she give you a ring? 15 A She did. 16 HS. WOLF: Do you have it? 17 THE WITNESS: I do have it with me. lB THE MASTER: Is your wife presently employed? 19 THE WITNESS: She is. 20 THE MASTER: Does she have her own medioal 21 insuranoe or is she covered under your plan? 22 THE WITNESS: covered under my plan. 23 THE MASTER: And is there any oost to you to 24 have her covered under your plan? 25 THE WITNESS: I think about $25.00 every two . 93 'it '1 1 weeks. 2 BY THE MASTER: 3 Q Is that paid partly by the employer and 4 partly by you? 5 A It is -- when -- there are two polioies. 6 One, if you're single, the oompany picks up your portion of 7 your insuranoe. If you are married, you have to pay an 8 additional amount to oover an additional exposure to the 9 insuranoe oompany/ and also the deduotable was raised, I 10 think, from $250.00 to $700.00. 11 Q Your employer is different than when you 12 lived in soottsbluff, right? . 13 A Well-- 14 Q In other words, I guess what I'm really 15 asking, you are employed by a different entity than you were 16 employed when Susan was living with you? 17 A Yes. 18 Q So how was that insuranoe coverage provided 19 for single and married, when you were working for the 20 employer when Susan was living with your do you recall that? 21 A Yes. It was single. She had her own 22 insuranoe through a COBRA plan -- 23 Q I understand what she had, but what would 24 have been available if you had been married. 25 A Same thing. . 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 How would that -_ A I would have had to pay an additional insuranoe. Q You would have paid an additional amount of money for a spoUse to be inoluded in that polioy? A That's right. And I don't know that I would be permitted to do that. I just don't think you can say/ you know, you're married to insure somebody. I would think that you would have to do it. I guess it's irrelevant, but, in faot, I was singly insured as a single person. Q You never at any point included Susan on that polioy through your employment? A No. THE MASTER: Any other questions, oounsel. MR. MoKNIGHT: Just one follow-up. REDIRECT EXAMINATION o . BY MR. MoKNIGHT: Q Wouldn't it have been oheaper if you were paying her COBRA for you to pay the extra through your employer than -- pay the $25.00 as opposed to paying her COBRA? A I imagine the $25.00 would be oheaper than the COBRA plan. I don't know what the COBRA numbers were. I don't know how often I paid those installments. MR. MoKNIGHT: Okay. 95 ~ ~~. o . 1 BY MR. KAYER: 2 Q Also there was a follow-up question. Isn't , I 3 it true that one of the reasons why Susan wasn't listed as 4 married on your insuranoe POlioies is that Nebraska doesn't 5 recognize oommon law marriage? 6 A I do not know what Nebraska statutes or 7 Pennsylvania statutes permit you to do or don't permit you 8 to do. 9 HR. KAYER: I have nothing further. THE MASTER: Any other witnesses, Mr. 10 11 McKnight? 12 HR. MoKNIGHT: No. 13 THE MASTER: Do you rest? HR. MoKNIGHT: Yes. THE MASTER: And you move for the admission 14 15 16 of your exhibits? 17 MR. MoKNIGHT: Yes, we do. THE MASTER: Any objection to his exhibits? HR. KAYER: No objection to his eXhibits. THE MASTER: They are admitted. (Whereupon, Defendant's Exhibit Nos. 1 - 4 were admitted into evidence.) 18 19 20 21 22 23 24 25 THE MASTER: Is there any rebuttal? MR. KAYER: Yes. I would like to oall Susan briefly on rebuttal. 97 () o 1 a 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . THE MASTER: All right. SUSAN H. WOLFf recalled. REBUTTAL DIRECT EXAMINATION BY MR. KAYER: Q Now, Susan, you realize that you're still under oath. You were sworn under oath previously? A Yes. Q So your testimony still has to be truthful. A Okay. Q You had an opportunity to hear Dwain testify? A That's oorreot. Q With regard to the oonversation that oocurred or the oonversations that ooourred between September and November of 1992, do you agree with hie oharacterization of those oonversations? A No, I do not. Q Do you reoall him raising the question of marriage? A Yes. Q Did he do this on repeated oooasions? A Yes/ because -- as testified by Shelly Brandt, she overheard one of the oonversations that had taken plaoe about it. Q Did he ever refer to you as a partner or to 98 ~ - -' 1 your relationship as a partnership at any time? 2 3 A No. He always said Susie. Never. Was it your understanding at any time during Q 4 your relationship, and now I'm talking not only about that 5 period of time in 1992, but from when you first bought the 6 Linooln street property 7 8 A Okay. Q up until the time that you two separated, 9 that you were, in fact, merely a real estate partnership? 10 A No. And I don't have a realtor's license 11 either to be a real estate partner. 12 Q Q Well, we are not asking you if you were a 13 realtor but a partnership whose only funotion was to jointly 14 own real estate? 15 A No. The jointly owned real estate was not 16 mentioned just to buy jointly owned real estate. It was to 17 buy a home to raise -- to have a family in and those things, 18 that was the reason why I purohased property. 19 Q Now, during the time the two of you were 20 together, did each of you provide eaoh other with gifts? 21 22 A Yes. Q For example, did you reoeive a diamond 23 necklaoe from Hr. HcLaughlin? 24 Yes. I reoeived a diamond neoklaoe from Hr. A . 25 HoLaughlin and I also reoeived a ruby ring from Hr. 99 ~ ~~~ 1 McLaughlin. 2 3 Q A Did you provide him with any gifts? Yes. I bought him -- not sure of the 4 brand -- a watch one timer money olip that would be 5 personalized, tie taoks. Numerous things. 6 Q NoW, one of the cards that was inoluded in 7 Exhibit No.4 is a oard entitled, Happy Father's Day to paw, 8 p-a-w. And it's got a pioture of a dog with a man. You've 9 got it labeled as Walter. Did you put those -- did you 10 modifY that or edit that oard? o 11 12 13 14 A Yes, I did. Why did you send a Father's Day oard to Q Dwain? A When I met Dwain he had a basset hound dog. 15 and it was like -- I've sinoe gotten another one. There was 16 two of them at one time in your relationship and Walter was 17 like our ohild, and I would pretend that -- we put goofy 18 ears and stuff on him just like any normal dog lover would, 19 and I always oalled Dwain pa referring to Dwain as Walter's 20 pa. Just like a ohild would oall the husband in the 21 relationship a pa. 22 Q And in faot, some of the Christmas cards that 23 are included there are addressed to susie, Dwain, and 24 Walter; isn't that oorreot. 25 A correot. . 100 ') o 1 a 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . Q Now, during your relationship with Dwain, and I'm focusing now after you've relooated to Nebraska, how did he refer to your parents? A He would tell our friends that the inlaws were coming, referring to my parents. Q Do you recall what friends he would have been telling this to? A Co-workers at the city of Soottsbluff. Most of our friends were elnployees that Dwain had underneath him at the city. We took family vaoations. His parents would come out and we would go to, like, south Dakota. We would go with his parents. I referred to his dad as pa as well, and his dad and I got along fine. We would go golfing together and everything like that. Then after his parents left then my parents would oome out and we would basioally do the same trip with my parents as well. Q How many trips did you take with his parents and how many trips did you take with your parents? A I would -- I recall, I think, both sets of parents came out for two trips. Like my parents oame first and then his parents came seoond, in the first year that we were out there. And then the second year we were out there, I think, his parents oame first and then my parents oame out to visit. Q Now, onoe again, let me direot your attention 101 '" o " 1 to the period of time from September of '92 until November 2 of '92, prior to the relooation to Nebraska? 3 A Okay. 4 Q And let's assume for the moment that Mr. 5 MoLaughlin had proposed a real estate partnership to you, 6 would you have relooated to Nebraska based upon hi. 7 representation that the only relationship that you two had 8 was just a real estate partnership? 9 A No; that's not why I was with Mr. MoLaughlin. 10 Q What was your understanding of the 11 oommitments that were made prior to that move? 12 A That we would be together forever as we 13 promised eaoh other to be, and be fully committed to each 14 other. I had promised that I would never leave him and he 15 said the same to me. He said that we would take oare of 16 each other, not only in the monetary aspeot, but things you 17 need and the physioal -- sexually and mentally. The 18 oommitment he promised to me that evening -- I felt 19 oomfortable enough to go to Nebraska, leaving my family. 20 We had a -- my mom's birthday was on the 21 20th. Before we left on the 23rd we went over there and the 22 night we left, Dwain took me over to my parents and told my 23 parents that he would take real good care of me and 24 everything that way and, you know, promised to look out for 25 me, to provide for me/ and take care of me as his wife. 102 0 1 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Would you have made the oommitment, whioh required you to leave a job of 7 years/ to leave all of your family, all of your friends, and your home, if you weren't satisfied that Dwain was committed to marrying you? A He had, at that time already committed like I said, it took place in November. He had already made that oommitment. No, I would not go anywhere with just like some guy off the street and say/ come to Nebraska, I got a property deal for you to go to. No, I wouldn't leave my family and my friends and my job of 7 years just for another pieoe of property in a strange part of town, nobody to know or nobody to do -- I mean, Shelly had testified early that I'm very family oriented, whioh I am. I had no business being out in Nebraska had it not been for the relooation. MR. KAYER: I have nothing further. HR. MoKNIGHT: Just a oouple of questions. REBUTTAL CROSS EXAMINATION BY MR. MoKNIGHT: Q You claim that you had this disoussion just before you left after Shelly was in your oompany -- later on in the evening you had a disoussion? A Correot. Q You already testified you never said married during that disoussion? 103 o o . l 1 signifying that you were married, is that correct? 2 A Off the street if someone saw him, no. But 3 he doesn't have that on today either so how would you know. 4 Q Please answer my questions. 5 A Okay. sorry. 6 Q Now, when you went over to see your parents 7 before you left, you didn't say, we are married. You didn't 8 announce to your parents that you were married when you went 9 out to Nebraska. You didn't say/ we are married now, did 10 you? 11 A My parents asked me if I was sure that I 12 wanted to do this and I said, yes. He had already made a 13 commitment to me. 14 Q But you never -- you didn't answer my 15 que.tion. 16 A As far as an announoement, no. And I didn't 17 call the radio station or anything like that. 18 Q In fact, your parents have never referred to 19 you guys as married? 20 A Yes, my mother has. 21 Q She's not here. Did your mother pass away? 22 A No, she is living. 23 Q She is not here? 24 A She viewed him as a son-in-law. She .ent him 25 birthday presents/ everything like that. 105 o . . 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 him take the winnings and he was so happy that night. I remember that happening. MR. KAYER: I have no other questions. MR. MoKNIGHT: I would just oall Dwain briefly. DWAIN K. MoLAUGHLIN, recalled. SURREBUTTAL DIRECT EXAMINATION BY MR. MoKNIGHT: Q Dwain, you're still under oath; is that oorrect? A Um-hum. Q All right. Did you ever indicate to her parents that you oonsidered yourself married? A No. Q Did you ever call them your inlaws? A No. Q The ruby ring, was that ever meant to be a wedding ring; is that what you referred to it as? A No. Q Did your parents believe that you were married to her? A No. MR. MoKNIGHT: Those are all of the questions. I have. -'.* 107