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HomeMy WebLinkAbout98-381 civilROBERT W. COURTOIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 98-381 CIVIL TERM PATRIClA A. COURTOIS, IN DIVORCE Defendant IN RE: WIFE'S REQUEST FOR RETURN OF PERSONAL PROPERTY ORDER OF COURT AND NOW, February 13, 2001, after hearing and consideration of the testimony presented, in accordance with the Opinion issued this date, the Court finds in favor of the wife and against the husband in the amount of $600.00. By the Court,  p.j. Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 Richard Webber, Esquire 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 ROBERT W. COURTOIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 98-381 CIVIL TERM PATRIClA A. COURTOIS, IN DIVORCE Defendant IN RE: WIFE'S REQUEST FOR RETURN OF PERSONAL PROPERTY OPINION AND ORDER OF COURT HOFFER, P.J.: On approximately January 14, 1998, the parties lived at 1012 South Market Street, Mechanicsburg, Pennsylvania. They were in the middle of marital discord. On the day in question, the wife left for work. In her absence, husband, or his agents, caused the moving company to move goods out of the house and to be placed in storage. The parties subsequently agreed to a division of personal property on September 2, 1998, by a written agreement. This agreement was adopted by the Divorce Master on June 22, 1999, and later made an Order of Court. Wife filed a subsequent petition alleging non-receipt of approximately sixteen items from that list (see paragraph 8 of her petition filed September 11, 2000). The items have still not been received by the wife and husband cannot account for the items. Since the husband was responsible for the moving company's actions, the court determines that he is responsible for the missing items. The Court took testimony on the value of these various items, and we determine that a fair replacement value is $450.00; and the Court further determines that the wife should receive $150.00 for counsel's fees for having to prosecute this claim.