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HomeMy WebLinkAbout2001-1712 Civil DANIEL S. LORENZ, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WENDY A. LORENZ, DEFENDANT 01-1712 CIVIL TERM IN RE: MOTION TO VACATE DIVORCE DECREE. REINSTATE ALL PRIOR ORDERS AND RELlST FOR ARGUMENT ON EXCEPTIONS TO DIVORCE MASTER'S RECOMMENDATIONS MEMORANDUM OPINION AND ORDER OF COURT Bayley, J., December 26,2006:-- The record in this divorce case is as follows. 1. November 6, 2006 - Lesley J. Beam, Esquire, filed exceptions for Wendy A. Lorenz to the Divorce Master's Report and Supplemental Report filed in the Office of the Prothonotary. 2. November 13, 2006 - M.L. Ebert, J., set briefing schedule. 3. November 15, 2006 - Judge Ebert vacated the order of November 13th and ordered, as per local rules, that: "The matter is listed for Argument Court on December 6, 2006, and the parties shall follow the briefing schedule as stated in the Local Rules." The Prothonotary wrote on the order next to the name of counsel for Wendy A. Lorenz, Lesley J. Beam: "Mailed copies 11-15-06." (Emphasis added.) 4. Pursuant to Cumberland County Rule 1028(c), the moving party's brief was due on November 24, 2006, twelve days before argument. The twelfth day was actually November 23, but that was a holiday. 01-1712 CIVIL TERM 5. November 21, 2006 - A motion for leave to withdraw as counsel was signed by Lesley J. Beam and filed in the Office of the Prothonotary. 6. November 29, 2006 - Judge Ebert entered a Rule to Show Cause on the motion to withdraw as counsel. The Prothonotary wrote on the order that it was mailed to Lesley J. Beam on November 29,2006. 7. December 4, 2006 - Shane Kope, Esquire, faxed a letter to the Court Administrator stating: Per our discussion, I am writing to inform you that Lesley J. Beam, Esquire, has been admitted to the hospital in Chester County for a burst appendix. Miss Beam is anticipated to be back in the office the end of this week or the beginning of next week. Please accept our apologies for not notifying you sooner; however, office staff was unaware of the pending notice of this hearing, as Miss Beam did not have a chance to schedule it due to her absence. Moreover, we are not entirely sure that Miss Beam received notice of this hearing, as we have been unable to speak with her since her admittance to the hospital. 8. December 8, 2006 - A divorce decree and economic order were entered. 9. December 18, 2006 - Lesley J. Beam filed a motion to Vacate Divorce Decree, Reinstate all Prior Orders and Relist for Argument on Exceptions to Master's Recommendations. She avers that following receipt of order of November 13, 2006, "No further notice was received by attorney Beam before she left the office November 22,2006." She avers, "before she left the office November 22,2006, attorney Beam had not received notice of the hearing on December 6, 2006, nor were any members of her office aware of the hearing until December 4, 2006. Referring to the fax sent to the Court Administrator by Shane Kope, she avers that "it was understood from the conversations with court administration that the letter would be passed to the appropriate Judge with the information that a continuance had been requested." -2- 01-1712 CIVIL TERM -3- 01-1712 CIVIL TERM DISCUSSION Lesley J. Beam avers that she left her office November 22, 2006, yet the order of November 15,2006, of which she denies knowledge, was mailed to her Camp Hill office on November 15, 2006. She failed to file a brief as required by November 24, 2006. Cumberland County Rule of Court 1028(c)(5), provides that, "if the party seeking the order has not filed a timely brief in accordance with this rule, the Court may deny the relief sought on that basis alone." If a brief had been filed we certainly would have continued the argument on December 6, 2006, when we were notified by Shane Kope on December 4, that Lesley J. Beam was hospitalized. However, counsel failed to file any brief, much less a timely one, notwithstanding that the order of November 15, 2006, listing the exceptions for argument on December 6,2006, was mailed to her by the Prothonotary on November 15, 2006, seven days before she avers that she left her office on November 22. The court properly entered a divorce decree and economic order on December 8, 2006. Therefore, the following order is entered. ORDER OF COURT AND NOW, this day of December, 2006, the motion of Wendy A. Lorenz to vacate a divorce decree, reinstate all prior orders and relist for argument on exceptions to Master's Recommendations, IS DENIED. By the Court, Edgar B. Bayley, J. -4- 01-1712 CIVIL TERM Carol J. Lindsay, Esquire For Daniel S. Lorenz Lesley J. Beam, Esquire For Wendy A. Lorenz :sal -5- DANIEL S. LORENZ, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WENDY A. LORENZ, DEFENDANT 01-1712 CIVIL TERM IN RE: MOTION TO VACATE DIVORCE DECREE. REINSTATE ALL PRIOR ORDERS AND RELlST FOR ARGUMENT ON EXCEPTIONS TO DIVORCE MASTER'S RECOMMENDATIONS ORDER OF COURT AND NOW, this day of December, 2006, the motion of Wendy A. Lorenz to vacate a divorce decree, reinstate all prior orders and relist for argument on exceptions to Master's Recommendations, IS DENIED. By the Court, Edgar B. Bayley, J. Carol J. Lindsay, Esquire For Daniel S. Lorenz Lesley J. Beam, Esquire For Wendy A. Lorenz :sal