HomeMy WebLinkAbout95-06562
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JOHN R. HOOVER, . IN THE COURT OF COMMON PLEAS OF
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plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
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v. . 95-6562 CIVIL TERM
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MAUREEN O. HOOVER, CIVIL ACTION - LAW
Defendant IN DIVORCE
IN RE: AMENDMENT OF CAPTION
ORDER OF COURT
AND NOW, this 6th day of May, 1996, the caption
will be a.ended to provide the Defendant's name as Maureen
O. Hoover.
By the cou~,
/
;'
J.
,J
John F. Kinq, Esquire
For the Plaintiff
_ C-o-fl..'- (..~<<t S/16/U'f'
..J.,
Maureen O. Hoover, Pro Se
R.D. #1, Box 4
Montro.e, PA 18801
It
JOHN R. HOOVER,
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 9!f. t,5t..;) tt;4~??rt
COMPLAINT IN DIVORCE
.
.
v.
MAUREEN D. HOOVER,
Defendant
.otIC. TO DIP.NO AND CLAIM RIGHTS
You have been .ued in eourt. If you wish to defend again.t
the elai.. .et forth in the following pages, you must take prompt
aetion. You are warned that if you fail to do so, the ease may
proeeed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered
against you for any other claim or relief requested in these
paper. by the plaintiff. You may lose money or property or other
right. important to you, including custody or visitation of your
children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
coun.eling. A list of marriage counselors is available in the
Offiee of the prothonotary, cumberland county courthouse, 1
courthou.e square, Carlisle, PA.
IF YOU 00 NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT '1'0 CLAIM ANY OF
THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOu
00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO '1'0 OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
cumberland county court House
1 courthouse square, 4th Flr.
CarliSle, PA 17013-3387
(717) 240-6200
By:
R ch rd S. Fr edman, Esqu re
600 . Second street
pe thouse suite
P. O. Bo)( 984
Harrisburg, PA 17108
(717) 236-8000
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
JOHN R. HOOVER,
plaintiff
MAUREEN D. HOOVER,
Defendant
COMPLAINT IN DIVORCE
COMPLAINT UNDER SECTION 3361(c) AND SECTION 3301(d)
1. Plaintiff is John R. Hoover, who currently resides
at Blue Ridge Chateau, 10 House Ave., Camp Hill, Cumberland
County, Pennsylvania 17011.
2. Defendant is Maureen D. Hoover, who currently
resides at R. D. 11, Box 4, Blake Ave., Montrose, susquehanna
county, Pennsylvania 18801.
3. The parties have resided in Pennsylvania
continuously for at least six (6) months prior to the filing of
this Complaint.
4. The plaintiff and Defendant were married on June
5, 1965, in camp Hill, Pennsylvania.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. Plaintiff acknowledges notification of the
availability of counseling as prescribed in the Pennsylvania
Rules of Court.
7. The marriage is irretrievably broken.
8. Neither Plaintiff nor Defendant is in the military
serviee of the United states.
.
t. Th. par~ie. .epara~ed on Augu.t 10, 1995 and have
be.n living ..para~e and apart .ine. that date.
WHEREFORE, Plain~iff reque.ts the Court to enter a
Deer.. of Divorce.
co~ I
.QUI~AlL. DI.faIBUTIO.
(under Seetion 3502(a) of the Divorce Code)
10. Th. prior paragraphs of this Complaint are
ineorporat.d her.in by referenee a. though .et forth in full.
11. The Plaintiff and Defendant have acquired .ari~al
property a. defined by the Divorce Code which i. .ubject to
equi~able di.tr.ibu~ion, pur.uant to Section 3502(a) of the
Divorce Code.
12. The Plaintiff and Defendant have been unable to
agree a. to the equitable division of said property, a. of the
da~e of the filing of this complaint.
13. The Plaintiff requests that the Court equitably
divide, di.tribute or a..ign the marital property between the
partie..
WHEREFORE, the Plaintiff respectfully request. that ~he
Cour~ enter an Order of Equitable Distribution of .ari~al
property, pur.uan~ to Seetion 3502(a) of the Divorce Code.
.>';i~t~:,-),1;f;~CC3;{>f-;:':~ .....i~'"'~~"",."""~,<:,."",.
comrr II
aLlllOIIY IUD"". LI". anel aLllIOIIY
(under seotion. 3701(a) and 3702 of the Divoroe Code)
14. The prior paragraphs of this complaint are
inoorporated herein by reference as though set forth in full.
15. The plaintiff i. unable to sustain himself during
the pendenoy of the Divorce action.
16. The plaintiff lacks sUfficient property to provide
for hi. rea.onable need. and i. unable to su.tain him.elf through
appropriate employment in aceordance with the etandard of living
e.tabli.hed during the marriage.
WHEREFORE, the plaintiff respectfully requests that the
court enter an award of alimony pendente lite until the
teraination of litigation and, at the appropriate time, enter an
order of alimony in hi. favor, pursuant to seetion. 3701(a) and
3702 of the Divoree Code.
comrr XII
COQWI.L ~III, COlTS anel IXPI.SII
(under sections 3104(a)(1), 3323(b) and 3702
of the Divorce code)
17. The prior paragraphs of this complaint are
incorporated herein by reference as though set forth in full.
18. The plaintiff has engaged Friedman and Friedman,
P.C. to represent him in this cause.
19. The plaintiff is unable to pay his counsel fee.,
co.t. and expenses, and Defendant is more than able to pay them.
20. R...rving the right to apply to the Court for
taaporary coun..l f..., cost. and exp.nses prior to final
h.aring, the Plaintiff requeets that at the final hearing the
Court order D.f.ndant to pay Plaintiff's reasonable coun..l f...,
co.t. and .xp.n....
WHEREFORE, the Plaintiff respectfully requ.st. that,
pur.uant to S.etion. 3104(a)(1), 3323(b) and 3702 of the Divore.
,
Cod., the Court .nt.r an Ord.r directing the Defendant to pay
Plaintiff'. r.a.onabl. counsel fees, costs and expense..
Respectfully submitted,
FRIEDMAN AND FRIEDMAN, P.C.
oat.:
II !,(!q (
Rear E.qu r.
600 N. Seeond Stre.t
Penthouse Suite
P. o. Box 984
Harrisburg, PA 17108
(717) 236-8000
Divorc.\Hoov.r.Div
At that hearing Judge Uhler placed into effect a 60 day Order, granting exclusive
possession of the residence to the Wife and granting exclusive possession of the tavern
to the Husband. The Order, dated August 13, 1991, and captioned "Prelude to Interim
Order," stated that Judge Uhler had contacted the Divorce Master's office and Inquired
whether or not the Divorce Master's office could schedule an expedited proceeding to hear
the issues in the case, The Divorce Master's office Indicated that such a proceeding was
possible,
Judge Uhler further stated in the Order that if his schedule permitted him to do so,
he would order that the Divorce Master's office schedule hearings on the economic Issues
in the case,
An unfortunate event obviated the need for the hearings,
On September 20, 1991, the Wife was found dead at the family residence. At the
time of the Wife's death, the economic Issues remained unresolved.
On September 25, 1991, counsel for the Wife informed the Husband's counsel of
a formal claim against the Wife's estate for attorney fees. Letters of Administration for the
Wife's Estate were granted to the Husband on September 26, 1991. The Wife's property
was held In tenancy by entirety and thus passed immediately to her Husband upon her
death, Therefore the Wife's estate was essentially Insolvent.
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Via a petition dated April 20, 1993, and captioned under the divorce action, the
Wife's counsel sought payment from the Husband of the Wife's $3,790,25 counsel fees
and costs.
A hearing to resolve this petition was held before this Court on August 24, 1993,
This Court found that the Wife's death mooted the divorce and equitable distribution claims,
It was also determined that Wife's counsel had standing to pursue counsel fees and
costs and that the issue of counsel fees and costs remained viable, The Court directed the
petitioner to prepare the appropriate petition for referring the matter to the Divorce Master's
Office for a review of the circumstances of the parties prior to the death of the Wife as
would affect the Wife's claim for counsel fees and costs.
Divorce Master Morrison Williams held a hearing on December 12, 1994, and filed
his report on January 3, 1995.
The Master found that at the time of the Wife's death, she owed an unpaid balance
of $3,510.25 to her attorney. Master's Report and Recommendation, page 3,
The Master reported that the services provided by the Wife's counsel "were
appropriate to the situation." Master's Report and Recommendation, page 3, The Master
also found that the counsel fees charged were congruent with those customarily charged
in such an action and that the fees were reasonable. Master's Report and
Recommendation, page 3.
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The Master further reported that the Wife was not employed at the time of her death,
that prior to (he marriage she worked at low paying jobs, and that she had no separate
estate, Master's Report and Recommendation, pages 3-4,
The Master further found that the Husband's annual salary was $45,000,00 in 1994
and that the Husband received additional income from investment properties, Master's
Report and Recommendation, pages 4-5,
The Master also found that the Wife was ill, without income, disabled, and at the
. time of her death engaged in a divorce action that had indications of being a protracted
struggle. Master's Report and Recommendation, page 5,
The Master then concluded that the Wife was entitled to the Husband's assistance
In paying for her attorney fees and that the Husband was easily able to pay such fees.
Master's Report and Recommendation, pages 5-6, The Master recommended that the
Husband, Randy H, Grimm, be required to pay the Wife's counsel fees and costs in the
amount of $3,510,25, Master's Report and Recommendation, page 6,
The Husband filed Exceptions to the Master's Report on January 6, 1995. On June
2, 1995, the Husband filed a Memorandum of Law, On June 22, 1995, the Wife's counsel
responded with a Memorandum of Law,
2. ISSUE:
The issue presented is whether a claim for counsel fees and costs abates with the
death of the dependent party to a divorce action.
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3. DISCUSSION
A. Abatement of the Counsel Fees and Costs Claim
The general rule is that "pending divorce actions are abated by the death of one of
the parties," Haviland v, Haviland, 333 Pa, Super, Ct. 162, 163,481 A.2d 1355, 1356
(1984), Were the Court to apply that rule to the present case, the Wife's claim for counsel
fees and costs would abate with her death, However, this general rule may not control the
present case,
The Husband argues that under Drumheller v. Marcello, 351 Pa. Super. Ct. 139, 505
A,2d 305 (1986), rev'd on other Qrounds, 516 Pa. 428, 532 A,2d 807 (1987), only the
Wife's estate, and not the surviving spouse, may be found liable for the counsel fees after
the death of one divorcing party. This interpretation of Drumheller Is Incorrect. Drumheller
does not establish that liability for attorney fee claims may attach only to the deceased
spouse's estate,
The principle that Drumheller does establish is more general. Drumheller establishes
that in a divorce case where a claim for counsel fees is raised and the party who raised
that claim dies, the viability of that claim does not depend upon whether or not a divorce
decree was issued, The Drumheller Court stated:
An award of counsel fees, however, does not depend upon the
granting of a decree in divorce. The death of a party to a
divorce does not necessarily extinguish the need for an award
of counsel fees. The estate of a deceased party may
nevertheless remain liable to an attorney for services which
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claim for counsel fees against the surviving Husband. The trial court granted this claim,
The Superior Court affirmed the trial court's award. 423 Pa, Super, Cl. at 423, 621 A.2d at
605,
The Husband in the present case argues that McDonald is distinguished from the
present case because in McDonald, a court order regarding counsel fees was in place
when the wife died, whereas here, the Wife died with no such order in place, This
distinction is not determinative,
In affirming the trial court's award, the McDonald court did not state that the award
was dependent upon the existence of the court order, Rather, the court based its reasoning
upon the principle that "the award of counsel fees to wife's attorney was proper and
Incurred for services already performed and. therefore. a fixed obligation of the husband
regardless of the fact the divorce proceeding was abated by wife's demise," 423 Pa, Super,
CI. at 425, 621 A,2d at 605 (emphasis added),
Thus the presence of the order in McDonald does not distinguish McDonald from
the present case because it is the fixed nature of the obligation, rather than the existence
of an order, that makes the obligation one that survives beyond the life of the deceased
dependent spouse.
Furthermore, in establishing that the claim for counsel fees and costs becomes a
fixed obligation of the Husband, McDonald removes any constraints that would limit such
claims to the deceased spouse's estate.
7 .
There are other noteworthy similarities of fact that invite similarities of reasoning
between McDonald and the present case.
In McDonald, the court stated that the obligation of the independent spouse to pay
the dependent spouse's counsel fees was based not upon the existence of a decree in
divorce, but rather upon "the need of one party and the ability of the other party to pay,"
423 Pa, Super, Ct at 425,621 A.2d at 605,
In McDonald, the Wife was terminally ill with cancer; here, the Wife was ill. Here, as
in McDonald, the Wife never worked during the marriage, and thus had a low level of
employability, Here, as in McDonald, the Wife had no income of her own, Therefore here,
as In McDonald, the dependent Wife had need of an award of counsel fees.
Here, as in McDonald, the Husband earns a good salary, Here, as In McDonald, the
Husband possesses other assets that produce Income, Therefore here, as in McDonald,
the Husband clearly has the ability to pay the Wife's counsel fees,
In the present case, the Master found that the dependent Wife had a legitimate need
for counsel fees, The Master further found that the Husband had the ability to pay,
Therefore here, applying the McDonald reasoning, the counsel fees and costs became a
fixed obligation of the Husband regardless of the fact that the divorce proceeding was
abated by the death of the Wife.
The foregoing cases establish that a claim for counsel fees and costs, rightfully
based upon the need of the dependent spouse and the ability of the independent spouse
- B -
to pay, may survive the abatement of the divorce action and be brought against the
surviving independent spouse,
This Court finds that the claim by the Wife's attorney for counsel fees and costs did
not abate with the Wife's death, This claim is a fixed obligation of the Husband,
Other states have considered similar cases and their reasoning supports this Court's
reasoning.
In Williams v, Williams, 281 A,2d 273 (N.J, 1971), the dependent Wife died during
the pendency of the divorce action, Under her name, her attorneys sought an award for
work done on the divorce prior to her death, The trial court denied the claim, reasoning that
the "wife's claim to an award of counsel fees, like the matrimonial action, had abated at her
death and could not thereafter be pressed in her favor," I.d.. at 274.
The attorneys appealed with success, In overturning the trial court's decision, the
Supreme Court of New Jersey stated that In a dependent spouse case, where the
Independent spouse has the means to pay, "legal fees become not unlike 'necessaries,'
which the law compels the husband, the usual repository of family finances, to furnish to
the wife" I.d.. at 275.
Had the suit proceeded, the court stated, there was no doubt that the Husband
would have been required to pay the Wife's counsel fees. I.d.. The only question, then, was
whether the Wife's untimely death "should relieve the husband of an obligation which as
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a matter of policy and justice he ought to bear." l!L The court concluded that the wife's
death did not relieve the husband of this obligation, I.d...
In the present case, as in Williams, the dependent spouse's legal fees are like
"necessaries" that the Husband is required to furnish to the Wife, In the present case, as
in Williams, if the action would have proceeded, there would have been no doubt that the
Husband would have been required to pay the Wife's legal fees, Therefore here, as in
Williams, the death of the Wife should not relieve the Husband of an obligation which as
a matter of policy and justice he ought to bear, I.d... at 275.
In another similar case, the Court of Appeals of Michigan adopted the Williams view,
Stackhouse v. Stackhouse, 484 N.W,2d 723 (Mich, App, 1992),
In Stackhouse, the dependent wife and plaintiff in a divorce action died before the
court could rule on her claim for attorney fees, I.d... at 724, Her attorneys pressed the claim
forward and the trial court ordered the defendant husband to pay the wife's attorney fees
in the amount of $11,215,05, The husband appealed and the court of appeals affirmed the
trial court's order. I.d...
In affirming the trial court's order, the court of appeals based its reasoning upon
Williams. The court also articulated the underpinnings of its reasoning, stating that to "hold
that the dependent spouse's claim for fees abates with that spouse's death before the entry
of the judgment of divorce would have several negative policy implications." Stackhouse,
484 N.W.2d at 726.
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!.
I
The court then discussed the negative policy implications that could arise when,
during a divorce action, the death of the dependent spouse vests all of the property in the
independent spouse.
An attorney would have no way to obtain compensation for services rendered, Id...
The Stackhouse court "perceive[d) no sound policy for a rule that would make an attorney's
compensation conditional upon the survival of the attorney's client until after the entry of
the judgment of divorce," Id... It was not fair to attorneys, the court stated, to place them in
the position of estimating their client's longevity as a means of insuring themselves that
they would be paid for w\?rk done. Id...
The court also noted that unfairness would result to prospective clients if claims for
counsel fees abated with the death of a divorcing party, The court stated that "the interests
of justice are served when the financially deprived party to a divorce action is furnished
with the requisite means of prosecuting or defending the suit." Id... (internal quotation marks
omitted), The court reasoned that a needy, aged, and unhealthy spouse would not be able
to secure representation if the attorney's right to counsel fees was dependent UpOl1 the
longevity of that spouse as a client. k!...
Thus justice requires that the independent spouse provide the means to the
dependent spouse to proceed in the case, and in order to so proceed the attorney taking
the case must have some assurance that the fee, often foregone until the action conciudes
with a distribution of property, will not abate if the dependent client meets an untimely end.
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The Stackhouse court also found that an unjust enrichment could result if a counsel
fee award were to abate with the death of a divorcing party, The independent surviving
spouse, who would otherwise be obligated to pay the dependent spouse's counsel fees,
would "reap a windfall upon the death of the needy spouse," l.!L at 726, (citing Williams v,
Williams, 281 A,2d 273 (N.J, 1971)). Such a windfall, the court stated, was not justified,
Stackhouse, 484 N.W.2d at 727.
These policy implications support this Court's decision that the claim for counsel
fees and costs in the present case should not abate with the death of the dependent Wife.
The Husband remains liable for those counsel fees and costs.
8, Standing
The Husband argues that the Wife's counsel has no standing to proceed In the
matter now before the Court,
Although this Court previously found that the Wife's counsel had standing to
maintain this action, the Court will briefly comment upon the standing present in the Wife's
counsel.
The Williams court responded to the argument that an attorney had no standing to
seek an award of counsel fees when the attorney's divorcing client died, There, the court
stated: "We disagree, In our view, petitioners have standing as unpaid solicitors. . . .
[C]ounsel fees. . . properly 'belong' to counsel and the allowances are to be held in trust
. 12 -
for the attorneys who furnished the services. Thus the attorney is a party in interest to that
extent." Williams, 281 A.2d at 276 (citations omitted).
This is sound reasoning and it is applicable in the present case,
4. CONCLUSION
The death of Mrs. Grimm did not cause the claim for counsel' fees and costs to
abate. The Counsel of the deceased Wife has standing to pursue these counsel fees and
costs. They are the fixed obligation of the Husband, who shall be ordered to pay them,
An Order consistent with the foregoing shall follow,
BY THE COURT,
MICHAEL J, BRILLHART, JUDGE
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"
FRIEDMAN & FRIEDMAN, P.e.
ATTORNIlYS AT LAW
600 N, SECOND ST,
PENTJlOUSE SUITE
no, Box 004
HARRISBURO, PENNSYLVANIA 17108
(ll?) yuo.nnoa
Tn.corla. No. (''') uaG-nono
RICHAaD S. 'ftlBDMAN
JOHN F. KINO
EDWAHD P,uaDMAN
RIlTIRBD
september 15, 1995
Mr, Jack Hoover
5~:,"'~mo\hY~O'~, ~,'
Ha~~rg~P\ ~7.,2
Dear Jack:
We are pleased that you have asked our firm to represent you
in your domestic matter. This letter is the written fee contract
which Pennsylvania law requires attorneys to have with their
clients, We, Friedman and Friedman, P.C" will provide legal
services to you on the terms set forth below.
1. This agreement will not take effect, and we will have no
obligation to provide legal services, until you return a signed
copy of this agreement. This agreement will take effect when you
have performed the conditions stated in Paragraphs 1 and 2, but its
effective date will be retroactive to the date we first performed
services. The date at the beginning of this agreement is for
reference only. Even if this agreement does not take effect, you
will be obligated to pay us the reasonable value of any services we
may have performed for you.
2. You hereby agree to pay our firm a retainer fee of
$200.00, which will be applied to fees and costs as the same become
due, and which has already been paid to this office. We reserve
the right to require an additional deposit (retainer) in the
future. The unused portion of the retainer, if any, will be
refunded.
3. We feel that the most equitable basis for our fee is to
determine how much time is spent on your matter. It is impossible
to determine in advance the amount of time that will be needed to
complete your case or the amount of fees and costs which you may
incur, In the case of litigation or domestic cases, this
frequently depends on the nature of the controversies and the
willingness of the parties to resolve their differences out of
court. Our billing is based on an hourly rate of $200.00 per hour
for Richard Friedman, Esquire, $125.00 per hour for John F.
Esquire, and $35.00 for any paralegal or legal assistant's work,
The hourly rates will be subject to increase subject to 30 days
notice to you, We will bill you monthly on a time-expended basis,
Although we do not send itemized bills as a matter of course, we do
provide a general explanation of the nature of the services
provided and the actual hours expended during each billing period.
We also maintain in our office records of time used for
conferences, telephone calls, drafting documents, research, court
time and, if necessary, travel time. These records will be
available to you upon request. Fractions of hours are computed in
periods of not less than two-tenths (2/10) of an hour for phone
calls and written communications. The interruption of other work
or phone calls is taken into consideration. In some instances we
find it more expedient to bill predetermined set fees for certain
services to be performed; i.e., uncontested divorce, incorporation
of business, etc. Charges for preparation of documents are
calculated on a time plus value basis. You will not be billed for
clerical or secretarial time. As is the case with most attorneys,
based on the complexity of the issues involved and based on the
results obtained, the final bill may be raised accordingly.
4. We expect you to keep current with our billings. We
reserve the right to terminate our attorney-client relationship for
non-payment of fees or costs. We expect our invoices to be paid in
full within the month in which they are received. You should
review your invoice promptly. If you fail to object to the charges
in the month within which the bill is sent, I will assume that the
bill is satisfactory.
5. We reserve the right to add a carrying charge of one and
one half percent (1 1/2') per month (18' APR) for bills which are
not paid in full during the calendar month in which they are
received.
6. We will charge you for the time we spend on telephone
calls relating to your matter, including but not limited to calls
with you, with court personnel, with opposing counsel, with experts
or other witnesses, and with other individuals involved in or
material to your matter. The legal personnel assigned to your
matter will confer among themselves about the matter, as required.
When they do confer, usually only one will charge for the time
expended. However, if more than one of our legal personnel attends
a meeting, court hearing or other proceeding, each will charge for
the time spent. We will charge for waiting time in court and
elsewhere and for travel time, both local and out of town.
7. You are hiring us as your attorneys, to represent you in
your domestic matter. We will provide those legal services
reasonably required to represent you. We will take reasonable
steps to keep you informed of progress and to respond to your
inquiries, and will return your calls as promptly as possible.
Unless we are out of town, most phone calls will be either taken at
the time you call us, or returned the same day.
/
8, Unless we make a di fferent agreement in writing, this
agreement will govern all future services we may perform for you.
9. You agree to be truthful with us, to cooperate, to keep us
informed of developments, to abide by this agreement, to pay our
bills on time, and to keep us advised of your address, telephone
number and whereaboutS. Frequently, courts or other governmental
agencies will send documents directly to you, as a party to
litigation or as a principal in a business, and they will not send
copies to us, as your attorney of record. For this reason it is
very important that you forward to us any documents, papers, or
correspondence which have been sent directly to you from the court
or from any other source which may have any bearing on this matter,
10, We may incur variouS costs and expenses in performing
legal services under this agreement. You agree to pay for those
costs and expenses in addition to the hourly fees. upon request,
you agree to pay these costs in advance. The costs and expenses
commonly include process servers' fees, fees fixed by law or
assessed by courts and other agencies (so-called "filing fees"),
court reporters' fees, messenger, overnight delivery and other
delivery fees, sheriff's fees, parking and other local travel
expenses, photocopying charges if they become excessive and must be
performed out of the office, on-line computer research tima, and
other similar items. For out of town travel, you agree to pay
transportation, meals, lodging and all other costs of any necessary
out-of-town travel by personnel. You will also be charged the
hourly rates for the time legal personnel spend travelling. '1'0 aid
in the preparation or presentation of your case, it may become
necessary to hire doctorS or other expert witneSses. We will not
hire such personnel unless you agree to pay their fees and charges.
We will select any expert witnesses to be hired.
11. As previouSlY stated, all fees must be paid on a current
basis. Should there be outstanding fees at the conclusion of your
matter, they must be paid when the case is concluded.
Additionally, I may require that you execute a judgment note or
lien upon property or the proceeds of equitable distribution in my
favor to secure payment of fees and costs. I also reserve the
right to retain all funds which I receive on your behalf, from any
source, to guarantee payment of fees and costs.
12. You may discharge us at any time. We may withdraw with
your consent or for good cause. Good cause includes your breach of
this agreement, your refusal to cooperate with us or to follow our
advice on a material matter, or any fact or circumstance that would
render our continuing representation unlawful or unethical. When
our services conclude, all unpaid charges will immediately become
due and payable. After our services conclude, we will, upon your
request, deliver your file to you or your representative, along
ATTORNEY'S FEES FOR JOHN R. HOOVER
REGARDING DIVORCE ACTION
SERVICES RENDERED BY RICHARD S. FRIEDMAN, ESQUIRB
09/0S/95 Initial conference, setting up of file 1.0
09/12/95 Telephone conference with Mr. Aliano .2
09/13/95 Letter and telephone conference with Mr. Aliano .3
09/15/95 Telephone conferences regarding bills .4
09/20/95 Telephone eonferences with Mr. Hoover and
Mr. Aliano .4
09/25/96 Telephone conference with Mr. Hoover
regarding status .2
11/03/95 Preparation of Divorce complaint and filing
thereof 1.0
11/27/95 Telephone conferenee with Mr. Aliano .3
11/28/95 Review of file, letter to counsel .4
12/04/95 Telephone conference with Mr. Hoover
regarding status .2
12/21/95 Preparation of Income and Expense statement .5
[NOTE: I actually spent 1 hour on this and
charged 1/2 to the support action, and 1/2 to
the divorce action].
12/26/95 Review of correspondence, telephone conference
with Mr. Hoover .3
12/29/95 Review of financials .3
02/05/96 Telephone conference with Mr. Hoover regarding
wife's employment, letter to counsel .4
02/12/96 Telephone conference and letter to pharmacist .4
02/12/96 Telephone conference regarding status .2
_ ....-.;' ":ii
rI.IW'IlWT". >'"..", '. <to
Ill.' :'t
1-1
INCOME
SSI payments:
Agway pension:
$92B.OO/month
$49.65/month
Employer: DISABLED
Address:
Type of work:
payroll Number:
Gross Pay per Year:
Itemized payroll Deductions:
Federal Withholding:
social Security:
Local Wage Tax:
State Income Tax:
Retirement:
Savings Bonds:
Credit Union:
Life Insurance:
Health Insurance:
$
$
$
$
$
$
$
$
$
$
Other (specify):
Net Pay per Pay Period:
$977.65
9ther Income:
Month
Year
Week
Intereat
Dividends
pension
Annuity
Social security
Rents
Royalties
Expense Account
Gifts
Unemployment Compo
Worker'S Compo
Other - Mortgage income
Total
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
$ 0
$0
per year
TOTAL INCOME
Pa. Reporter, 481-665 A.2d
MeDonald v.
McDonald, (Pa.super. 1993)
621 A.2d 604, 423 Pa.Super. 422,
-------------------- '.9- .21 A.3d ao.. follow. --------____________
423 Pa.Super. 422
Marianne F. McDONALD
v.
Gerald F. McDONALD, Appellant.
Superior Court of Pennsylvania.
Submitted Nov. !6, 1992.
Filed Jan. 26, 1993.
Reargument Denied Mareh 31, 1993.
Wife brought divorce proceeding. The Court of Common Pleas,
Lancaster County, civil Division, No. 768-1991, Hummer, J., entered
order granting wife's request for interim eounsel fees. Appeal was
taken. The Superior Court, No. 02076 Philadelphia, 1992, Tamilia,
J., held that: (1) award of $8,000 was appropriate, given fact
wife had not worked during their 34-year marriage and was dying of
caneer at time fees were incurred, and (2) death of wife did not
abate fees.
Affil'lled.
1.
DIVORCE k286(4)
134
134V
134k278
134k286
134k286 (3)
134k286(4)
expenses.
Alimony, Allowances, and Disposition of Property
Appeal
Review
Discretion of Lower Court
Temporary alimony, counsel fees and
Pa.Super. 1993.
In detel'llining propriety of award of counsel fee in divorce
action, Superior Court uses abuse of discretion standard of review.
2. DIVORCE k224
134
134V Alimony, Allowances, and Disposition of Property
134k220 Allowance for Counsel Fees and Expenses
134k224 Grounds.
Pa.Super. 1993.
Award of counsel fee is not granted automatically but is
appropriate when necessary to put parties on equal footing in
defending their rights, or to allow dependent spouse to maintain or
defend divorce action.
3. DIVORCE k227(1)
134
134V Alimony, Allowances, and Disposition of Property
134k220 Allowance for counsel Fees and Expenses
134k227 Amount
134k227(1) In general.
Pa.Super. 1993.
Trial eourt did not abuse its discretion by requiring hUBband to
pay $8,000 attorney fees incurred by wife; wife had never worked
during parties 34-year marriage and at time of order was sUffering
fro. terainal caneer, husband had been earning in excess of $60,000
in Bo.e reeent years as independent contractor, and much of legal
expenditure was involved in tracking down assets which husband had
coneealed.
4. DIVORCE k83
134
134IV Proeeedings
134IV(G) Abatement and Revival
134k83 Abatement on death of party.
Pa.Super. 1993.
Attorney fees in the amount of $8,000, incurred by wife in
divoree dispute, were not abated by death of wife, and were
required to be paid by husband.
[423 Pa.Super. 423] Kim L. White, ARSt. Public Defender,
Laneaster, for appellant.
Christopher C. straub, Lancaster, for appellee.
Before CIRILLO, TAMILIA and HESTER, JJ.
TAMILIA, Judge:
Husband appeals from the May 18, 1992 Order granting wife'S
request for interim counsel fees (FN1) and directing him to pay
wife'S counsel $8,000 within fifteen (15) days of the date of the
Order.
The parties were married on February 1, 1958 and separated on or
about January 12, 1991, when appellant left the marital residence.
The parties' four children are all emancipated. On February 21,
1991, wife filed for divorce and after a hearing before a domestic
relations officer, by Order dated April 24, 1991, husband was
directed to pay support/alimony pendente lite and arrearages and
the college tuition of their daughter. On December 13, 1991, wife
filed a
-------------------- ..9- '21 A.24 105 follow. --------------------
petition for interim counsel fees and, upon submission of memoranda
regarding the issue, the court entered the Order which is the
subject of this appeal.
Husband argues the court abused its discretion by awarding wife
$8,000 counsel feos and contends further the May 18, 1992 Order is
a nullity in light of wife's death prior to the entry of a divorce
decree. We disagree.
[423 pa.super. 424J [1][2] In determining the propriety of an
award of counsel fees in a divorce action this Court uses an abuse
of discretion standard of review. Williamson v. Williamson, 402
pa.Super. 276, 586 A.2d 967 (1991); Johnson v. Johnson, 365
pa.super. 409, 529 A.2d 1123 (1987). An award of counsel fees is
not granted automatically but is appropriate when necessary to put
parties on equal footing in defending their rights or to allow a
dependent spouse to maintain or defend a divorce action. Johnson,
supra. We find the $8,000 award accomplished that end.
[3] Although the 55-year old appellee had completed two years of
college, she never worked during the parties' 34-year marriage and,
at the time the Order was entered, had been diagnosed with terminal
cancer and had been hospitalized repeatedly for surgery. Appellant
represented appellee's sole source of income and, as appellee
testified, as a consequence of appellant's delinquent payments, she
was foreed to borrow approximately $5,000 to satisfy bills which
had accumulated during the parties' separation. The testimony of
appellant, a 56-year old independent contractor whose business
procuring lease agreements earned him salaries in excess of $60,000
during the years 1989 and 1990, albeit suffering a severe earnings
reduction in 1991, was found completely incredible. (Slip op.,
Hu_er, J., 8/21/92, p. 5.) This finding by the court was
particularly applicable to husband's testimony regarding the
whereabouts of liquid assets totaling approximately $120,000 with
which he absconded after the parties' separation and deposited out
of state and, at the time of the hearing, was conveniently unable
to locate. Moreover, the court found most of the counsel fees
incurred by appellee were the result of her efforts to locate the
funds appellant had secreted in a Michigan bank and/or exhausted.
Based on these facts and our review of the record, we find the
trial court did not abuse its discretion by awarding counsel fees
to the wife for the divorce action.
[4] We also find appellee's untimely demise did not render the
counsel fees award a nullity and appellant's reliance on Fried v.
Fried, 509 Pa. 89, 501 A.2d 211 (1985), is misplaced. [423
Pa.Super. 425J In justifying its finding Orders of interim counsel
fees are interlocutory and therefore not immediately appealable,
the Fried Court reasoned any possible errors of interim relief may
be adjusted during final settlement via equitable distribution,
alimony or the final award of attorneys' foas and costs. Id. at
96, 501 A.2d at 215. Husband argues because the divorce action
abated upon appellee's demise, any funds he expended to pay interim
counsel fees are not recoverable.
We disagree with appellant's reasoning and find Fried
inapplicable to the matter before us as we have ruled the award of
counsel fees to wife's attorney was proper and incurred for
serviees already performed and, therefore, a fixed obligation of
the husband regardless of the fact the divorce proceeding was
abated by wife's demise. Additionally, this Court in 1986 stated
an award of eounsel fees is based upon the need of one party and
the ability of the other party to pay and, therefore, an award does
not depend upon the granting of a decree in divorce and in
appropriate eases may be awarded even after the divorce action has
abated beeause one of the parties has died. "The death of a party
to a divorce does not necessarily extinguish the need for an award
of counsel fees. The estate of a deceased party may nevertheless
remain liable to an attorney for services which have been rendered
in the divorce action. In an appropriate case, therefore, a court
may award counsel fees even after the divorce action has abated
beeause one of the parties has died." Drumheller v. Marcello,
351 pa.super. 139, 143, 505 A.2d 305, 307 (1986), reversed on other
grounds,
------------------- ..9- .21 a.2d '01. follo.. --------------------
516 Pa. 428, 532 A.2d 807 (1987). Continuing with this line of
reasoning, it follows had we found an award of counsel fees
inappropriate, which we did not so find, appellee's attorney would
be free to sue the estate to recover the debt incurred by appellee
prior to her death, thereby reducing husband's guaranteed statutory
share of his wife's estate by $8,000.
Lastly, we note with disfavor the fact appellant failed to
comply with the May 18, 1992 Order directing him to pay $8,000
within 15 days, that is June 2, 1992. Only through his wife's
unfortunate passing on June 7, 1992, and this appeal has [423
Pa.Super. 426) appellant escaped being found in contempt. In that
respect, we could find the appeal interlocutory, as sanctions have
not besn applied, except that the court below granted a supersedeas
as to all financial considerations allowing an appeal to be taken
because of the quandary created by the death of wife. The trial
court believes this appeal to be interlocutory because the decree
had not been entered, but final because of the abatement of the
divorce action due to the death of the wife which divests the court
of jurisdiction. Because a remand of the case could only result in
a delay of the disposition of the issue of counsel fees, with
further aetion against the husband and wife's estate under a theory
of marital debt, for the sake of jUdicial economy, we find a
resolution at this time appears most appropriate.
Appellee requests the court remand this matter with the sole
directive to recalculate appropriate counsel fees which, appellee
eontends, is $9,916 and not $8,000 as set forth in the court's
opinion (Slip op. at 6).
FRIEDMAN & FRIEDMAN, RC.
ATTORNEYS AT LAW
600 N, SECOND ST,
PENTHOUSE SUITE
P. 0, Box 984
HARRISBURO, PENNSYLVANIA 17108
(717) Doe-OOOO
Taueo.... No. (111) gon-UoBO
RICHAaD S, f.laDMA)I
JOHII f, KIIIO
... - ..
- --
May 21, 1996
The Honorable Edgar B. Bayley
court of Co.-on Plea. of cuaberland county
cu.berland county Court Hou.e
1 courthou.e Square
Carli.le, PA 17013-3387
In re: Hoover v. Hoover
No. 95-6562 civil Term
petition for Attorney'. Fee.
Dear Judge Bayley:
I a. in reeeipt of your Order dated May 8, 1996
relating to the above-refereneed hearing.
I would be .o.t appreeiative if you would approve the
tran.oription of the court Reporter'. note. fro. the hearing held
in thi. petition. It i. .y under.tanding that I will be
reeeiving a phone 0511 fro. the Court Reporter after you've had a
chanee to review thi. reque.t.
Thank you very .ueh for your attention to thi. .atter.
Jn/bp
.'
5/21
.A! C\)J... u{... 278 - L!.'J.:.U to
...;lo ~U-. flo"vUL-
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~ )v.. 8 eM o~ ;f-o 0-
c.C)p ~ lJ& "ttru-D)J) M~ .
a ~ n...1..c.lo..-.
,0
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42j (,
tin 11'1,
fJ'.f."
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PI
\ (I\ltv[
)' 0 .
JOHN R. HOOVER, IN THE COURT OF COMMON PLEAS
plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. . NO. 95-6562 civil Term
.
.
.
MAUREEN D. HOOVER, CIVIL ACTION - LAW
Defendant IN DIVORCE
oaDO
AND NOW thia
day of
, 1996,
upon eonaideration of plaintiff'S petition for Alimony pendente
Lite, Interim counael Fees, Costs and Expenses, it is hereby
ORDERED and DECREED that the petition is granted and the
Defendant is ordered to make the following interim payments to
plaintiff within twenty (20) days of service of this Order:
1. $3,332.50 for legal serviees rendered and coata and
expenae. incurred to date and anticipated in the next few months
by Plaintiff;
2. $1,100.00 per month of alimony pendente lite paid
to the plaintiff based upon the plaintiff's needs and expenses,
to suatain him during the pendency of the litigation.
3. Costs of the continuance of the beneficiary
de.ignations of existing policies insuring life and health of the
Plaintiff; or, in the alternative, the Defendant is ordered to
continue medical coverage of the plaintiff in a like policy to
that in existence at the date of the separation of the parties.
BY THE COURT:
J.
JOHN R. HOOVD, IN THE COURT OF COMMON PLEAS
plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. . NO. 95-6562 civil Term
.
MAUREEN D. HOOVER, CIVIL ACTION - LAW
Defendant . IN DIVORCE
.
.LUnIn', .1'11110. .oa aLIMOIIY .1IlD1IIt. LII.,
111'I'01. con.u. ..... CO'T' UD .U.....
Plaintiff, John R. Hoover, by his attorneys, Friedman
and Friedaan, P.C., hereby petitions this Court for Alimony
Pendente Lite, Interim Counsel Fees, Costs and Expenses, and, in
support thereof, respectfully represents:
1. The parties to this action separated on or about
Auqust 10, 1995, and plaintiff retained Friedman and Friedman,
P.C. to represent him in his Domestic Relations matters.
2. On or about November 16, 1995, the Plaintiff filed
a Co.plaint in Divoree which requested, inter alia, equitable
distribution, alimony, and alimony pendente lite (under seetions
3701(a) and 3702 of the Divorce Code), counsel fees, costs and
expenses, and eontinued maintenance and beneficiary designations
of existing polieies insuring life and health of Plaintiff.
3. The Defendant, Maureen D. Hoover, is employed and
has an income in excess of $28,000.00 per calendar year. In
addition, Defendant controls the parties' jointly owned real
estate valued at approximately $130,000.00, and a 401k and
certificate of deposits containing joint marital liquid assets of
an unknown a.ount (.aid 401k and c.rtificat. of d.po.it. being
.olely controll.d by the D.f.ndant, Maur..n D. Hoov.r).
4. At pr...nt, the parti.. are in litigation.
5. To date the Plaintiff ha. incurr.d approxi..t.ly
ta,533.00 in attorn.y'. f... r.pr...nting approximat.ly 13.5
hour. of ti.. .pant by attorney., and co.t. advane.d. It i.
anticipated that by hearing dat., a .ini.u. of fift..n (15)
additional hour. of ti.. will be r.quir.d by Friedman and
rriedaan, P.C. to pr.par. for and att.nd the h.aring. A true and
corr.ct eopy of the billing. are attach.d h.r.to a. Exhibit "A".
6. The plaintiff i. a .ixty-.ix (66) y.ar old
g.ntl...n with a hi.tory of in.ulin d.p.nd.nt diabet.., ..llitu.,
and d.cr....d vi.ion, which r.nd.r. him .ff.ctiv.ly blind and
un.bl. to work, .nd Plaintiff al.o .uff.r. from a g.n.ral
par.ly.i. of the l.ft .id. a. the r..ult of a .trok. .uff.r.d on
Jun. aa, 1995, which al.o r.nd.r. him unable to work. Th.
plaintiff ha. approximat.ly $11,131.00 of income p.r y.ar, and i.
un.bl. to pay hi. p.r.onal .xp.n... (inClUding, but not limit.d
to, .xpen... incurr.d at the 8lu. Ridge Chat.au We.t Nur.ing
Ho..), coun..l f..., co.t. and .xp.n.... A true and eorr.ct copy
of the Plaintiff'. Income and Expense statement is attaeh.d
h.r.to a. Exhibit "8".
VERIPICATION
I, John R. Hoover, hereby aeknowledge that I a. the
Plaintiff in the foragoing aetion; that I have read the foregoing
petition for Ali.ony Pendente Lite, Interim Coun.el pe.., and
coat. and IXpen.e.; and the fact. atat.d therein are true and
eorrect to the beat of .y knowledge, inforaation and belief.
I under.tand that any fal.e atat..enta herein are .ade
.ubject to penaltie. of 18 Pa. C.S. Section 4904, relating to
Datad;iYl~ ;)(.,)li%,
John
i
I
I
I
.
I
FRIEDMAN & FRIEDMAN, RG.
hTTOIINf.YS AT LAW
IW, Uox 1104
IIAIIIIISIIUI/O, PENNSYLVANIA 17100
March 8, 1996
Mr. Jack Hoover
Blue Ridge Chateau
10 House Avenue
Camp Hill, PA 17011
rD. ~..a'."ID""" tll.YIC.1 "INOI..OI
SIRVICIS RINDERED BY RICHARD S. PRIEDMAN, ISQUIRa
Review of correspondence, telephone
conferences Domestic Relations reI
filing, review of forms, filing of
forms, telephone conferences counsel,
correspondence counsel, preparation
of Affidavit, telephone conferences reI
pharmacy problem, conference with John
King, Esquire.
$350.00 V".
SERVICES RENDERED BY JOHN P. XING, BSQUIRB
Review of file, telephone call to
Prothonotary and Domestic Relations
office in Susquehanna County, meeting
with Richard Friedman, telephone call
to Attorney Aliano, memo to file, letter
to Attorney Aliano.
$175.00 J
1.4 hours @ $125,00 per hour
BALANCE DUE as per prior billing
TOTAL DUE
Sl. 545.50
$ 2,070.50/
"
I
,
i
,
I
!
I
f1)
";:t,',.
~
"'q
~i;
;'i
JOHN R. HOOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95-6562 Civil Term
MAUREEN D. HOOVER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
INCOME AND EXPENSE STATEMENT
OF
JOHN R. HOOVER
I verify that the statements made in this Income and Expense
Statement are true and correct, I am verifying that I am the
attorney for the Plaintiff in the within action. I understand
that false statements herein are made subject to the penalties
of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to
authorities.
Date:
ILfz-J4'/
Richa
Frledman, Esquire
I
EXPENSES
l'IonthlV
)'earlv
Medical
~eeklV
Doctor
Dentist
orthodontist
Hospital
.Medicine
special needs (glasseS,
braces, orthopedic
devices)
Education
pri vate school
parochial school
College
Religious
personal
clothing
Food
Barber/hairdresser
credit payments
credit card
Charge account
Memberships
$100.00/month
$ 5. oo/month
$1,000.00 to Agway
Loans
Miscellaneous
Other
TOTAL EXPENSES:
(In excesS of "Incon-c")
$1,105,00
PROPERTY OWNED:
Description
Value
Ownership
H W J
$4,000.00
H
Checking account
savings accounts
Credit Union
Stocks/bonds
Real estate
Other
TOTAL
$4,000.00
INSURANCE:
Company
PolicY No.
Coverage
H W C
Hospital
w **
Blue Cross
Other
Medical
w**
Blue shield
Other
Health/Accident
Disability Income
Dental
Other
H husband
W wife
J joint
c child
** Mr. Hoover is covered under his wife's medical insurance
policy. Upon receipt of requested information regarding this
policy from Mr. Hoover, it will be forwarded.
JOHN R. HOOVER,
Plaintiff
: IN THE COURT or COMMON PLUS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
v.
: NO. 95-6562 Civil Tera
MAUREEN D. HOOVER,
Defendant
.
.
: IN DIVORCE
"".0:1...
Kindly .ake the attaehed rederal Ineo.e Tax return, and
Ineo.e and Expense Statement part of the record, pursuant to Pa.
R.C.P. 1920.31.
Respectfully SUbmitted,
Date:
IrAJJ.;l!Q5
, ,
S. Fr e an, Esqu re
. Seeond Street
house Suite
P. . Box 984
Harrisburq, PA 17108
(717) 236-8000
.....
1040A
Libel
(5" p.ge 16)
UI.lhl,AS
'-bl'
Olh...l...
pl....PIInI
QI'YP"
Check the
bOX 'Of
yOIll' filing
etatuI
(5.. page 17.)
Ch~1I. only on.
bal.
Figure
yOIll'
exemptlonl
(S" p.ge 20)
1111\0I1'"''
..wen
dl'P.ndenll.
," Pet" 23.
Figure
your total
Income
AUeth Copy B 01
youfFaurOIW-:Z
and tDt9-R hll'.
II you dldn', gill
W.:z....p.Qtl2!1.
Enclo..,bul
donal.Ulch,
any Plym.nt
wlll1 VGUllltuln.
Figure
your
adjulled
grail
Income
DIP"lmenl 01 I'" ,,"'lollY .-Inl. .1 ".....nu. 51,...1'1
1I1SUUO..' ._oanol"IIlIOII' l.~lhl,. au
OMU No 1!l45.001!t
1994
U.S. Individual Income Tax Return
VOUI ,ot~l ,lculltV number
162-22-4226
spou..', IOCIllIUCUll1'1 numbl'
L
A
B
E
L
H
E
R
E
JOHN HOOVER
MAUREEN HOOVER
RR 1 BOX 4
MONTROSE, PA 18801-
186-34-1623
For Prl."Y Act anot
p"""""",,
R.ducllan 1401
Hollo., - page a,
..... .
v.. No
X
X
NoI.: Ch..~lng .ves" will
notoh.nge YO'" \IX 0/
reduce ur ,efund.
prelldentlal Election Campaign Fund
00 you w.nt $310 go 10 IhI. lund1, . , . , .
If . nt ,.n doet ur I oUl' want 13 to to thl. fund?
I O~
z all Marriad Mng joinl ,1I",n (...n" only on. had lnoome)
3 0 Marrlad Mng .",...1. ratuln, EnI" apo....'. .ocIal..OUlilV nurrb"
_. .nd tull nama h.... ~
o Head of household (wllh qualllylng p...on). (510 p.ge 18.)11 tho quolltylng per.on I. a ohlld
but not your dep.nd"". .nlI< this ohlld'. name h.... ~
n widow" with d end.nl child If oust died ~ Ig . 5... 19.
VOUfOll'. If your p,,'nI (Of .amoon. 01..) can olalm yoU as a dop.nd.nI on hi. Of h" \OX }
rllurn. do nolohod< box tlO. But b. .UI.IO ohook th. box on IIn. 18b on page 2.
a
No. 01 bOil"
chec",d on
"lndlb
2
-
5 0
80 all
No.ol yaul
chlld,en on Ie
who;
. lived with
you
. d1dn"Uv,
.lIh VOU due
to dlvore. 01
,.,...lIon
,IH,.p2:S' -
~,,'l:~~rl'
tnl.'.daho.... -
II IllI ..
c eopondon\O:
I.' Dependent"
r.lallon,hIP
tovOU
lal No, mOl
lived InVOUf
home In".
12
1
-
13Ilt.gtto,Gtd.r,
deptnd,nl" ,oclal
.,curtly numb.r
121 ChIC.
nund.r
...1
174-58-4612 CHILD
, Nwn' II'" Inll"" ."d ..., name
REBECCA HOOVER
d If your ohlld dldn' II.. wllh you but Is dalmad a. your d",.nd.nI
und.. a pro-11l85 '11"""n1. ohod< h'" . . , , . , . . . , . . . .' ~ 0
. 'CoIII n"""'.. of IX don.olaimad.
7 Wages. sa\lfl... tip" ole. Thl. .hould b' .hown In box I of your W-2
to/ml'), A\tAoh Forml') W-2.
. a T....,..lnl....llnoomo (... p.ge 25). II 0'" ~,
o\\Och Schadul. I.
II Toa-IIom InI...... 00 NOT Include on line tlO 8b
9 OI.ldond.. II "".. ~, e\tACh Sohedule 1.
10 a T otallR"
di.ttlbution., loa
\I a Total p.n'lon.
end .nnu!ti... 596 .
12 Un. 10 nlo 30).
13 a Soc:lal...urity
beneUlS, t30
"dd numb.r.
tnl.,.d on
IIn.. ,bOY'
7
21,448.
498.
Ila
9
4 .
22 546.
lOb
11b
12
596,
t3b
~ 14
la
15.
Add I1n81 7 through 13b \tar rlltht column.
Vour IRA d.duotion (sa. p.g. 34).
This Is our total Income.
1110
II Spou....IR" daduotion (... p.ge 34), I5\>
c Add Hn" 16& and 15b. Thl" .r. ur \Dtalad atment..
18 Subttacllln. 15<: ham IIn. ta. Thl.l. your adju.l.d groOllnoom.,
If 1...lhan $25.296 .nd e child 1I..d wllh you (I... Ih.n $9,000 II e ohlld
didn't IIv' with U, "I "elrned Income credit" on a e 44,
15<:
..6 22 546.
1994 Form 104M p.g. t
Hn3
Date:
IJu{a(~
JOHN R. HOOVER,
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-6562 Civil Term
v.
MAUREEN D. HOOVER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
INCOIIB AND UPBNSB S'l'A'l'IDIBNT
OF
JOlIN R. HOOVlflR
I verify that the statements made in this Income and Expense
Statement are true and correct. I am verifying that I am the
attorney for the plaintiff in the within action. I understand
that false statements herein are made subject to the penalties
of 18 Pa.C.S. S 4904 relating to unsworn falsification to
authorities.
R
S. Friedman, Esqu re
/
.
EXPENSES
Medical
Weeklv
Monthlv
Yearly
Doctor
Dentist
Orthodontist
Hospital
.Medicine
Special needs (glasses,
braces, orthopedic
devices)
Education
Private school
Parochial school
College
Religious
Personal
Clothing
Food
Barber/hairdresser
Credit payments
Credit card
Charge account
Memberships
$100.00/month
$ 5.00/month
Loans
$1,000.00 to Agway
Miscellaneous
Other
TOTAL EXPENSES:
$1,105.00
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. .
PROPERTY OWNED:
Ownership
H W J
Description
Value
Checking account
Savings accounts
$4,000.00
H
Credit Union
Stocks/bonds
Real estate
Other
TOTAL
$4,000.00
INSURANCE:
company
policy No.
Coverage
H W C
Hospital
w **
Blue Cross
Other
Medical
Blue Shield
Other
w**
Health/Accident
Disability Income
Dental
Other
H husband
W wife
J joint
C child
.. Mr. Hoover is covered under his wife's medical insurance
policy. upon receipt of requested information regarding this
policy from Mr. Hoover, it will be forwarded.
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JOIDf R. HOOVER, . IN THE COURT OF COMMON PLEAS
.
plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
v. . NO. 95-6562 civil Term
.
.
.
MURBIN o. HOOVER, . CIVIL ACTION - LAW
.
Defendant . IN DIVORCE
.
aaDO
AND NOW thi8
day of
, 1996, upon
con.ideration of eoun.el for plaintiff, Plaintiff'. petition for
Recon.ideration it i. hereby ORDERED that:
1. Reeon.ideration is granted of this Court'. May 8,
1996 Ord~r denying the petition for payment of counael feea; and
2. Re-argu.ent on Petition for coun.el fee. i.
.eheduled for ' 1996, in Court Room ,
-
at
_.m.
BY THE COURT:
~\>>Q...s-) lct'ib r 1. Il./
r--r~ A>>t~tLo-- ,r ~~ /(1 V.
./I ~~ -fw- ,
J.
JOHN .. HOOVIIl, I IN THE COURT OF COMMON PLEAS
plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. NO. 95-6562 civil T.~
.
.
MAUREEN O. HOOVIIl, . CIVIL ACTION - LAW
.
Def.nd.nt . IN DIVORCE
.
.L&I.,I"'. '''I~IOI ro. .ICO..ID"'~IO. or
ft."''' a. BY I. 1...
coun..l for John R. Hoov.r, d.c....d, r..p.ctfully
petition. thi. Court for r.con.id.ration of it. Ord.r .nt.r.d in
the abov.-caption.d ..tt.r on M.y 8, 1996, and av.r. the
follovinq in .upportl
1. Th. Pl.intiff inatituted thia action by p.tition on
April 2, 1996, ...king ali.ony pendent. lit., int.rim coun..l
f..., and co.t. and .xp.n....
2. On or .bout April 2, 1996, the Def.ndant in the
abov.-caption.d matt.r, Maur..n O. Hoover, wa. repr...nt.d by
Chari.. J. Ali.no, I.quir..
3. It i. believed, and th.refore averred, that a. of
the d.t. of the filing of this instant Petition, Defendant
Maur..n O. Hoov.r, an adult individual r.siding at R. D. 11, Box
4, Mantra.., su.qu.hanna county, Pennsylvania 18801 ia
r.pr...nting her own interests, Pro Se.
4. On April 3, 1996, the Plaintiff in the abov.-
c.ption.d ..tter, John R. Hoover, died.
. .
5. By way of Order dated April 9, 1996, . hearing w..
.cheduled on the Petitioner'. Petition for Alimony Pendente Lite,
Interi. Coun.el re.., .nd Co.t. and Expen.e. for Mond.y, M.y 6,
1996 .t 11100 .... in Court Room No. 2 before the Honorable Edger
B. Bayley.
6. At the .bove-referenced he.ring on the Petition for
Alimony Pendente Lite, Interim Coun.el Fee., and Co.t. and
Ixpen.e., the Court did grant .n amendment of the Petition .0 ..
to allow for the .eeking of Counsel fees by Plaintiff'. coun.el.
7. On May 8, 1996, this Honorable Court, having found
that tha PI.intiff, John R. Hoover, was deceased, denied the
Petition to require the Defendant to pay John R. Hoover'. coun.el
fee. in the underlying divorce ca.e.
8. Thi. ruling i. contrary to case law, which hold.
that attorney'. fee. .re not abated by the death of a .pou.e, and
which h.. held that attorney's fees of a deceased spou.e may be
required to be p.id by the surviving spouse. See McDonald v.
McOonald, 423 P.. Super. 422, 621 A.2d 604, .nd Grim v. Grim,
Court of CO..on Pie.. of York County at Docket No. 89-SU-04940-
02S.
9. The thirty day appeal period will expire unle.s
thi. Court enter. an appropriate stay or an Order expressly
gr.nting recon.ideration before June 7, 1996.
FRIEDMAN & FRIEDMAN, P.C.
ATTORNEYS AT LAW
600 N. SECOND ST.
PENTIIOUSE SUITE
RO. Box 964
HARRISBURO, PENNSYLVANIA 17108
(717) 8QO.0000
T.ucor... No. (717) 110800000
RICHARD S. FalaONAN
JOHN F. KINO
EDWARD FRlaDNAN
RanUD
June 21, 1996
The Honorable Edgar B. Bayley
Court of Co..on Plea. of Cumberland County
cu.berland County Court House
1 Courthou.e Square
Carli.la, PA 17013-3387
In re: Hoover v. Hoover
No. 95-6562 civil Term
Petition for Attorney's Fees
Dear Judge Bayley:
Inclo.ed herewith please find a copy of the Praecipe,
which we have forwarded this date for filing, to discontinue the
Appeal in the above-referenced matter.
I have enclosed a copy of an article from the current
penn8Ilvania Law Weekly which you may find interesting. The
Super or Court overturned Judge Brillhart's deci.ion in Grim v.
~, upon which we had relied. Your attention to this matter
ha. been greatly appreciated.
Jrx/bp
Enclo8ure.
".
JOHN It. HOOVIIl, . IN THE COURT or COIOION PLEAS or
.
plaintiff . CUMBIIlLAND COUNTY, PENNSYLVANIA
.
v.
.
.
MAUREEN O. HCOVIIl, .
.
Defendant . 95-6562 CIVIL TERM
.
IN RE: TRANSCRIPT OF PROCEEDINGS
Proceeding. held before the
HONORABLE EDGAR B. BAYLEY, J.,
cu.berland county courthou.e, Carli.le, penn.ylvania,
Courtroom No. Two,
May 6, 1996.
APPEARANCES:
JOHN F. KING, ESQUIRE
For the Plaintiff
MAUREEN O. HOOVIIl, Pro Be
ORIGINAL
". ,.~.." .1'.,,..;;;0
1 May 6, 1996
2 carliale, Pennaylvania
3
4 (Whereupon, the following proceedinga were
5 hold at 1:30 p.m.)
6 MR. KING: Judge Bayley, firat I would like
7 to ainceraly apologize to the Court for having waated your
8 time thi. morning. We had previoualy received
9 information -- correspondence from Mra. Hoover's counsel
10 that he would be informing the Court that by mutual
11 agreement we would withdraw the original petition and file a
12 new petition aolely seeking counael fees since our client
13 haa died during theae proceedinga.
14 Unfortunately -- well, it'a my fault. I
15 didn't follow up to find out if thia occurred, and thia
16 matter stayed on your achedule.
17 THE COURT: When did John Hoover die? Do you
18 have a date, ma'am?
19 MRS. HOOVER: April 5, 1996, at 9:00 a.m.
20 THE COURT: And you live in New York?
21 MRS. HOOVER: No, I live in Montrose,
22 pennaylvania.
23 THE COURT: Where is that?
24 MRS. HOOVER: It's just below the New York
25 border.
2
"'
,..........,
~
1 THE COURT: Okay. You are repre.enting him
2 in the pending divorce action?
3 MR. KING: Ye..
4 THE COURT: He was what, in a nursing ham.?
5 MR. KING: That'. correct, Your Honor. He
6 .uff.red from ..vere diabete. and al.o .uffered a .troke in
7 '95.
8 THE COURT: Okay.
9 MR. KING: He relocated down here and wa.
10 living in a nur.ing home here in CUmberland County. On hi.
11 behalf w. had filed a petition with this Court for alimony
12 pendente lit., coun..l f.e., interim co.t. and .xp.n....
13 with the Court'. permiaaion I would like to modify thi.
14 petition to ..eking only coun.el f.e. by coun.el.
15 THE COURTl So modified. Did you ..parate
16 from him? How did it work and wh.re were you living?
17 MRS. HOOVER: W. were living in Mantra.. in
18 our re.id.nc.. H. choae to l.av.. I did not a.k him to
19 l.ave.
20 THE COURT: Did he move dir.ctly to the
21 nuraing home?
22 MRS. HOOVER: He left and moved down to York
23 to live with his daughter.
24 THE COURT: Wh.n was that?
25 MRS. HOOVER: He left Montrose on the 20th of
3
,
1 Auguat.
2 THE COURT: Laat y.ar?
3 MRS. HOOVER: Right. He lived with hie
4 daughter firat of all. That did not work out. Then he went
5 and lived with hia aiater, and that did not work out, and
6 they put hi. in a nuraing ho...
7 THE COURT: In Sept.mber. And that waa in
8 CUmberland County. Right?
9 MRS. HOOVER: Right.
10 MR. KING: Yes, air.
11 THE COURT: And you are .eeking counael fee a
12 for the work you did in thia caae?
13 MR. KING: Yea. Re.tricted aolely to the
14 work we did, apecifically for the divorce. We feel that
15 there ia caae law that allowa for purauit of outatanding
16 fe.. for the divorce itself. We have waived any argu.ent
17 for any coun.el feea that were incurred aeeking aupport or
18 anything of that nature, since that claim ended with the
19 death of the Plaintiff.
20 THE COURT: You are aaying that there is case
21 law .upporting the claim subaequent to death?
22 MR. KING: Ye., air.
23 THE COURT: Just give me the cas..
24 MR. KING: Ca.e cite would be McDonald v.
25 McDonald and that would be a Pennsylvania Superior Court
4
.
1 ca.. '93, 621 At. 2d 604. And I would al.o like to bring to
2 the Court'. att.ntion a v.ry r.c.nt d.ci.ion by Judg.
3 Brillhart in York county, and that i. Grim, G-r-i-., v.
4 Grim. Th.y have that dock.t.d at 89-SU-04940-02S and that
5 ca.. a. r.port.d by Judg. Brillhart i. .p.cifically on point
6 her., and it int.rpr.t. the McDonald d.ci.ion
7 THE COURT: Do you have a copy of it?
8 MR. KING: Y.., I do, Your Honor.
9 THE COURT: Do you have an .xtra copy for
10 h.r?
11 MR. KING: Y... I have both the McDonald and
12 Grim ca....
13 THE COURT: Were you paid anything?
14 MR. KING: No, .ir.
15 THE COURT: Your ..rvic.. ar. a. writt.n in
16 the enclo.ur.. in the petition?
17 MR. KING: Y... And if you would allow..,
18 Your Honor, I would be happy to give .om. very brief
19 t..timony r.presenting the firm as to our f.. agr....nt and
20 the f.es that w. charged him.
21 THE COURT: Just t.ll .e what your f..
22 agre.m.nt wa..
23 MR. KING: All right. We have a f..
24 agr...ent duly execut.d by Mr. Hoov.r in which w. w.r. on an
25 hourly basis, and the hourly rates being charged were
5
.
1 $200.00 per hour for the .ervice. of Richard Fried.an,
2 E.quire, and $125.00 per hour for the .ervice. of John F.
3 ~ing, E.quire.
4 THE COURT: So total bill wa. what?
5 MR. KING: The total bill, Your Honor, wa.
6 $2,077.50. And that wa. broken up by 7.2 hour. of .ervice
7 provided by Mr. Fried.an for a billing of $1,440.00, and 5.1
8 hour. of .ervice by John F. King which come. to $637.50. So
9 you get the total of $2,077.50.
10 THE COURT: Wa. the divorce action filed?
11 MR. KING: Ye., .ir.
12 THE COURT: Any an.wer filed? Or wa. any --
13 wa. an appearance entered for Mr.. Hoover? Did you h3ve a
14 lawyer that entered an appearance in thi. ca.e?
15 MRS. HOOVER: I have no attorney.
16 THE COURT: You'v. had no attorney in the
17 divorce?
18 MRS. HOOVER: Mr. Fried.an hired an attorney.
19 He i. the one who contacted Charlie Aliano. I had no
20 intention.--
21 THE COURT: You are telling me you have not
22 hired an attorney in the divorce.
23 MRS. HOOVER: I didn't hire an attorney.
24 Mr. Friedman hired an attorney.
25 THE COURT: Anything else you would want to
6
. .
1 .ay?
2 MR. KING: Only, Your Honor, that the
3 Defendant wa. r.pre.ented by Char Ie. Aliano, and he i. an
4 attornay in her ham. county. I believe he i. the Oi.trict
5 Attorney of that county a. well, and he
6 THE COURT: Did he enter an appearance here?
7 MR. KING: He entered an appearance in a
8 8upport action that had been brought. I a. not aure if he
9 entered an appearance in this county relating to the divorce
10 action.
11 THE COURT: Okay. I. there an estate opened
12 for him?
13 MRS. HOOVER: There is no e.tate.
14 THE COURT: You intend not to atart an
15 ..tate?
16 MRS. HOOVER: There is nothing. It i.
17 inaolvent.
18 THE COURT: Were there joint asset.?
19 MRS. HOOVER: We have a home and a car.
20 THE COURT: The home is in joint names?
21 MRS. HOOVER: Right.
22 THE COURT: What kind of car?
23 MRS. HOOVER: He had an '85 -- I guess an '85
24 or '86 Marquis.
25 THE COURT: You work where, ma'am?
7
.
MRS. HOOVER: Pardon?
THE COURT: You work where?
MRS. HOOVER: I work for People'. National
Bank.
THE COURT: It'. alleged in thie petition
your income i. about $28,000.00 a year, h that correct?
1
2
3
4
5
6
7 MRS. HOOVER: That'. wrong. In fact, I would
8 like to give my caae. I would --
9 THE COURT: Ma'am. Ma'am, ju.t an.wer my
10 qu..tion., pl.a...
11 MRS. HOOVER: No, I do not earn in exce.. of
12 that annual income. Here is my income tax return showing
13 $22,429.00 last year.
14 THE COURT: Okay. It'. alleged in the
15 petition that you have retire.ent plan., i. that correct?
16 It'. alleged in here he had retirement plan..
17 MRS. HOOVER: Jack did or he did?
18 THE COURT: He did.
19 MRS. HOOVER: Agway for about $49.00 a month.
20 That'. the only retire.ent plan he had.
21 THE COURT: All right. Do you have anything
22 further?
23 MR. ltING: Well, Your Honor, I would like
24 to -- I was going to call the Defendant on cro.s to
25 e.tablish the fact that we believe that .he has a retirement
8
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plan. In addition, we believe .he haa a 401k and .ome
certificate. of depoait.
I al.o wanted to establish the fact that Mr.
Hoover, at the time of hia death and at the time of
.eparation of the partie., wa. incapacitated, wae receiving
aocial .ecurity di.ability, wa. legally blind, and confined
to a wheelchair.
THE COURT: You don't dieagree.
MRS. HOOVER: To a point, ye..
THE COURT: What part?
MRS. HOOVER: He had been declared blind but
he could atill .ee to get around. He wa. not in a
wheelchair at home. He would walk back and forth with a
walker. So he wa. not totally incapacitated. Yea, he wa.
very, very limited in what he could do. I had to bathe him,
which I did, but other than that --
THE COURT: And he waa on .ocial .ecurity
di.ability?
.ecurity.
April.
MRS. HOOVER: No, he wa. on full .ocial
He would have been 67 years old at the end of
THE COURT: And it wasn't diaability, it was
full social .ecurity.
MRS. HOOVER: He had gone on disability in
January of 1993, and then when he turned 65 he went on full
9
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aocial .ecurity.
THE COURT: All right. Anything el.e?
MR. KING: We just wanted to point out, Your
Honor, that the value of the home, we bslieve, is around
$125,000.00 and the mortgage i. only around $17,000.00. So
we believe that there wa. a aub.tantial joint a...t of the
partie..
MRS. HOOVER: According to the appraisal in
1994, the hou.. was appraised at $87,000.00, and I had it
reapprai.ed because we had to put the sewer in, and I had to
put an alternate heating system. So I had it reappraised on
April of thi. year, which is April 11th, 1996. Th.
apprai.ed value was $90,000.00.
THE COURT: Is th.re a mortgage on it?
MRS. HOOVER: About 20,000. I had $16,000.00
mortgage and about $3,000.00 home equity, about $19,000.00.
THE COURT: All right. Anything else?
MR. KING: Other than the retirement and 401k
and c/d'a, no, Your Honor.
THE COURT: Anything else you want to say,
ma'am?
MRS. HOOVER:
THE COURT:
MRS. HOOVER:
Yes, sir.
Go ahead.
Do I have a chance to state my
ca.e?
10
~J ~
1 I live ther.. I pay the bill. and aaintain __
2 THE COURT: Well, you now own it, ma'am.
3 MRS. HOOVER: I cannot h.ar you, .ir.
4 THE COURT: You now own it.
5 MRS. HOOVER: Oth.r than that, I could not
6 r.nt it, .ell it, I could not give it away. I wa. left with
7 the Obligation.. A. far a. c/d'. containing marital
8 a....t., we had no joint marital c/d'.. The only c/d'a were
9 for.y daughter, which was strictly her., and I wa. the
10 cu.todian for it.
11 A. far as hi. income, he did have .ocial
12 ..curity and a .mall penaion al.o. After he aoved down
13 h.re, he caeh.d in hie life insuranc. pOlicie.. The value
14 of thi. i. unknown to ae. He had thr.. life in.uranc.
15 policie. h. ca.h.d in. He had a fourth life inaurance B.A.
16 for $10,000.00 which he changed beneficiary to hi. daughter
17 by hi. first marriage. So she i. the one who get. that. I
18 don't get nothing from that. A. far a. hi. expen.e. at the
19 nur.ing hoae, I don't know how much wa. paid by Medicare .0
20 that--
21 THE COURT: Don't worry about that.
22 MRS. HOOVER: The week prior to hi. death he
23 called.e with regard to filing income tax return., and he
24 told m. that he wa. filing incoae __
25 THE COURT: I don't need to know that. Since
12
. .\
"~
.
1 h.'s died, I don't need that.
2
MRS. HOOVER: I have to give you thi.. I
3 have naver done thi. --
4
THE COURT: I am telling you what I need and
5 don't. I don't need anything el.e.
6
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8
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MRS. HOOVER: This is very important.
THE COURT: Ma'am, I have told you --
MRS. HOOVER: But--
THE COURT: Ma'a., you are arguing with lie.
MRS. HOOVER: It is important becau.. the
11 Grim ver.u. Grill ca.e --
12
THE COURT: Ma'a., on the fact. of thi. ca.e
13 it'. not important, and don't tell m. anything .ore about
14 incom. tax. What el.e?
15
MRS. HOOVER: Hi. inco.e wa. $22,000.00 la.t
16 y.ar. Mine wa. $22,439.00. Okay?
17
18 Right?
19
THE COURT: He wa. on .ocial .ecurity.
MRS. HOOVER: He al.o ca.hed in hi. life
20 in.urance policie., which is what I a. telling you. H. had
21 additional income to the eocial .ecurity.
23
THE COURT: Anything el.e?
MRS. HOOVER: All right. I have alao a
22
24 state.ent here which I have prepared for the .upport hearing
25 which shows my income and my expenses for the two months
13
1
MRS. HOOVER: He had been married twice
2 before our marriage during the 30 year.
3
THE COURT: I don't need to know anything
4 about fin.ncial information now.
5
MRS. HOOVER: So hi. income over a 30 ysar
6 period wa. 20 to 22 thou.and dollar..
7
THE COURT: Anything el.e? I don't want to
8 know--
9
MRS. HOOVER: I don't under.tand, .ir. I w..
10 to underatand I am here to defend myaelf again.t thia
11 gentleman. You are not li.tsning to me.
12
THE COURT: Have a .eat, ma'am. Have a .eat.
13 Anything more coun.el want. to bring up?
14
MR. KING: Your Honor, juat that baaed on the
15 fact. that were establi.hed of hia inco.e, which waa limited
16 to the .ocial .ecurity payment. of $928.00 a month, and the
17 Agway payment. of $49.65 a month, in co.pariaon to the
18 income and a..et. held by the aurviving apou.e, baaed upon
19 the case law McDonald, e.pecially aa interpreted by Judge
20 Brillhart in the Grim ca.e, hopefully you'll conaider
21
THE COURT: She aaid he ca.hed in an
22 insurance policy last year and ehowed it a. income on hi.
23 tax return.
24
25 policies.
MRS. HOOVER: He caahed in three inaurance
16
,
It""
, ' ~ "
1
2
3
4 what it 1&?
THE COURT: Do you have that, air?
MR. KING: No, air.
THE COURT: Do you have any information on
5
MRS. HOOVER: All I know i. that he ca.hed it
6 in. I don't know what the amount was, if he waa filing
7 income tax of $22,000.00 and $11,000.00.
8
9
THE COURT: Why do you think this?
MRS. HOOVER: That'a what he told .e.
10
THE COURT: What he told you?
MRS. HOOVER: Right.
THE COURT: Do you have a copy of hi. tax
11
12
13 return?
14
MR. KING: I believe we had a tax return that
15 wa. included with the income and expenae .tatement, but it
16 we. a return for 1994, and it waa joint. He did not file a
17 1995 return but, Your Honor, if I may, I would like to
18 preaent as an exhibit, I will give --
19
20
THE COURT: Just tell me what it is, first.
MR. KING: All right. An income and expense
21 atatement filed by Mr. Hoover in a support matter up in
22 I'm aorry, it was actually filed in Cumberland county
23 pur.uant to a divorce action.
24
THE COURT: It is already part of the record.
MR. KING: I just wanted to point out that
25
17
1 the p.ym.nt. to the ho.. were $1,559.00 . .onth. H. ..Y
2 h.ve very well wh.t.v.r ...11 a...t. to cover th.t. I don't
3 know. W. don't h.ve info~.tion. I.. not conte.ting it.
4 THE COURT I All right. I will t.ke the
5 aatt.r und.r .dvi....nt. G.t her .ddr....
II MRS. HooVIIl: I h.v. .o..thinq el.. to ..Y,
7 .ir. It h.. to do with the fin.nci.l ..pact., .ir.
· THE COURT: Adjourned.
9 (Wher.upon, court adjourned at 1: 51 p...)
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OF T1-~~TAAY
96 JUIl-S AH 8: 2'
CUt'.I,LlCIiL~i~J WUNIY
PENNSYlVANIA
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IN THE
SUPERIOR COURT OF PENNSYLVANIA
JOHN R. HOOVER,
plaintiff
v.
SUPERIOR COURT DOCKET
NO. 469 HBG 96
TRIAL COURT DOCKET
NO. 95-6562 Civil Term
MAUREEN D. HOOVER,
Defendant
CERTIFICATE OF SERVICE
I, John F. King, Esquire, hereby certify that on June
31, 1996, I ..rv.d a copy of the within pr.ecipe, by depoaiting
.... in the United States Mail, first class, postage prepaid,
.ddr....d .. followa:
Maureen o. Hoover
R. D. 11, Box 4
Montrose, PA 18801
Charle. J. Aliano, Esquire
28 Maple Street
P. O. Box 276
Montrose, PA 18801
The Honorable Edgar B. Bayley
Court of Common Pleas of cumberland county
CUmberland county Court House
1 Courthouse square
Carlisle, PA 17013-3387
17108
...
"..
06/18/96
1235
SUPERIOR COURT OF PENNSYLVANIA
OFFICIAL DOCKET
DOCKET # 00469HBG96
FULL CAPTION
JOHN R HOOVER
V
001E MAUREEN 0 HOOVER
002T APPEAL OF: JOHN F KING, ESQUIRE
COUNSEL
61919 JOHN F KING
600 NORTH SECOND STREET
P,O. BOX 984
HARRISBURG, PA 17108
27148 CHARLES J ALIANO
28 MAPLE STREET
POBOX 276
MONTROSE, PA 18801
CONSOLIDATED DOCKET NUMBER
BACKGROUND DATA
TRIAL COURT RECORDS
CATEGORY:
COURT NAME:
COUNTY:
JUDICIAL DISTRICT:
CASE TYPE/CHARGE:
TRIAL COURT CHARGES:
JUDGE (S) :
DISPOSITION TYPE:
DISPOSITION DATE:
APPEAL FILE DATE:
DISPOSITION ENTERED:
TRIAL CRT DOCKET NO.:
OFFENSE TRACKING NO, :
TITLE
FOR MAIL
002T Y
717-236-8000
001E Y
717-278-2430
cv
CIVIL
CUMBERLAND
09
DIVORCE
PETITION FOR COUNSEL FEES
BAYLEY, E
ORDER ENTERED
05/08/96
06/07/96
05/09/96
95-6562 CIVIL TERM
STATUS INFORMATION
07/02/96 DOCKETING STATEMENT DUE
07/17/96 LOWER COURT RECORD DUE
DOCKET ENTRIES
06/18/96 NOTICE OF APPEAL
06/18/96 DOCKETING STATEMENT EXITED
TDAPPELLANT EDAPPELLEE *DCOURT APPOINTED
FOR
002T
002T
.
..
JOHN R. HooVIIl, IN THE COURT OF COMMON PLEAS
Plaintiff . C~BERLAND COUNT~ PENNSYLVANIA
.
. o. i-!69 N8G- ~
.
v. . NO. 95-6562 Civil T.~
.
.
.
MAUREEN O. HooVIIl, . CIVIL ACTION - LAW
.
D.f.ndant IN DIVORCE
PETITION FOR COUNSEL FEES
.~IC. OP APPBAL
Notic. i. hereby given that counsel for John R. Hoov.r,
d.c....d, the Plaintiff above named, hereby appeals to the
Superior Court of P.nn.ylvania from the Order entered in this
..tt~r on the 8th day of May, 1996. This Order has be.n .nt.red
in the docket a. .vid.nc.d by the attached copy of the dock.t
.ntry.
Respectfully .ubmitt.d,
P.C.
D.t.~~ '1'7"
Esqu
o N. Second Stree
Penthouse suite
P. O. Box 984
Harrisburg, PA 17108
(717) 236-8000
.-:-.....
PYS510
.
111I5-0155152
HOOVER
Cumberland County Prothonotary's
Civil CaSQ Inguiry
JOHN R (VS) HOOVER MAUREEN 0
Office Page
1
Reference No..: Filed. .......: 11/16}1993
ceie TvD......: COMP~\INT - DIVORCE Time,'l'.'...: / 5t3
Ju gm.~t.l....: .00 Execut on Date 0 00 000
Ju ge A.. gnedl BAYLEY EDGAR B Sat/Dis/Gntd" 0/00/0000
Jur~ Trial. . , .
HiB er Court 1
Hi er Court 2
...*...........*..*************......*...*.*........... .*.**********...*..***.*
General Index Attorney Info
PLAINTIFF FRIEDMAN RICHARD S
HOOVER JOHN R
10 HOUSE AVENUE
CAMP HILL PA 17011
H~ER MAUREEN 0
RD 1BOX4
B E AVENUE
MONTROSE PA 18801
DEFENDANT
................................................................................
. Date Entries .
................................................................................
11/115/95 COMPLAINT - DIVORCE
ADDITIONAL COUNT - EQUITABLE DISTRIBUTION
ADDITIONAL COUNT - ALIMONY , ALIMONY PENDENTE LITE
ADDITIONAL COUNT - COUNSEL FEES COSTS , EXPENSES
PRAECIPE FOR FEDERAL INCOME TAX RETURN AND INCOME AND EXPENSE
STATEMENT BY RICHARD S FRIEDMAN ESQ
PLAINTIFF'S PETITION FOR ALIMONY PENDENTE LITE INTERIM COUNSEL FEES
COSTS AND EXPENSES
ORDER FOR HEARING - DATED 4/9/96 - IN RE PLAINTIFF'S PETITION FOR
ALIMONY PENDENTE LITE INTERlM COUNSEL FEES COSTS AND EXPENSES -
HEARING 5/6/96 11:00 AM CR2 - BY EDGAR B BAYLEY J - NOTICE MAILED
4/10/96
05/09/96 ORDER OF COURT - DATED 518/96 - IN RE PETITION TO REQUIRE DEFENDANT
I9nPAY COUNSEL FEES - DENIED - BY EDGAR B BAYLEY J - COPIES MAILED
05/10/96 g~'l6oF COURT - DATED 516/96 - IN RE AMENDMENT OF CAPTION -
CAPTION AMENDED TO MAUREEN 0 HOOVER - BY EDGAR B BAYLEY J - COPIES
MAILED 5/10/96
OS/29/96 TRANSCRIPT LODGED
................................................................................
· Escrow Infor~at~on .
· ree. , Debit. Bea Bal Pvmts/Ad End Bal .
................................,............... ...............................
12/215/95
04/03/96
04/09/96
DIVORCE
TAX ON CMPLT
SETTLEMENT
MASTER'S FEE
DIV PA SURCHG
JCP FEE
ADD'L COUNTS
ADD'L COUNTS
ADD'L COUNTS
JCP FEE
JCP FEE
JCP FEE
35,00
.50
5.00
125.00
10.00
5.00
18.00
I .00
Ig:88
5.00
5,00
35.00
,50
5,00
125,00
10,00
5.00
10.00
10,00
10,08
5,0
5.00
5.00
,00
.00
:88
.08
.0
.00
.00
:88
.08
,0
225.50 225,50 .00
................................................................................
· End of Case Information .
................................................................................
TRUE COP\, FROM RECORD
In lcslimllny W;1Crc:Ot, Ilwro unto set my h3nd
,,'ill lhe seal 01 s~ld COlin at Carlisle, Po.
itlir, :1()~l...rloy 01 01(1<1_, 19.$L.-
\ l .\L\ )) J ) If...:x..()\(.c'Y", IJ..: t..,
ProthQll!J!arY
In tbt 6uptrtor fCourt of t)tnn~plbania
SITTING AT HARRISBURG
No. ..!l.6.9....11ardrd1.lIrg, 1996
,J.Qhn....R....,HQ.QY.f;l.I:......,..........................................................
v
.HI""l.r~.f;l.n...P..,.....HQQY..!;u;......................................................,..
Appeal Ofl John F. King, Esquire
..4,,,.., from 1M
. order.entend..5L8L9.6......... ........., c-n
01 ....G.9mm9.!l...r..;!.~.~.~.,.....G.~~!.,j,J..........................,....'
...........................................................................,,,....,,..................."....".......
.............",..,............................"..................................,..........'......"..............
lor ,he Coun'y 01 ,...........G!.!m9~!;1~ng...................
No,_ 95-6562 C~!i~-,
June 24, 1996 - The above-captioned appeal is hereby withdrawn and
discontinued by order of:
~ohn F. Kinq, Esquire
Appellant
June 24, 1996 - Q 1 2 g Q ~ ! 1 N Q ~ Q
TRUE COPY FROM RECORD
:~ ~)
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I have hereun'o .e' my hand and ,he .eal 01
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