Michael R. Motsko, Petitioner, and Cheryl Manns, Intervenor - Page 3

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               In 1988, Motsko and his wife formed a second business, the             
          Hydraulics Center.  It was a natural outlet for Motsko’s growing            
          skill as a heavy equipment mechanic.  It also gave the family an            
          income when the construction industry went into its long annual             
          hibernation.                                                                
               From the beginning of their relationship, Manns had taken              
          care of all of Motsko’s finances.  And this continued when they             
          started their businesses:  Manns handled all the paperwork, wrote           
          the checks, and helped their accountants prepare the tax returns,           
          while Motsko did the excavating, drove the truck, and made the              
          repairs.  Manns also wrote almost all the checks for the family             
          bills.  If Motsko needed some money, he would occasionally borrow           
          the appropriate checkbook to pay for a specific service, such as            
          a doctor’s appointment, or a part needed by one of the                      
          businesses.  But before he took the checkbook, he would generally           
          clear it with Manns to make sure that they had enough money in              
          the right account.                                                          
               We specifically find Manns never deliberately lied to him              
          about anything having to do with their money and that Motsko had            
          access to all of their financial records.  We also find, however,           
          that he did not ask her many questions and never reviewed their             
          financial records:  As far as he knew, she paid all their bills             
          on time, and we believe him when he testified that it was proof             







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