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HomeMy WebLinkAbout97-05992 , I HAROLD I, IRWIN, III, .IGUIIII ATTOIINIY ID NO, 1..31 :II PIIT HI aM ITIIIIT CARLIILI PA 17111 1717) la .... ATTORNIY '011 PLAIIlTI" STELLA I. WOLFI, by har : IN TH. COURT OF COMMON PL.AS QF attomay.ln.fact, IAItA C. KUGL." : CUM....LAND COUNTY P.NNSYLVANIA Plalntlft VI. : CIVIL ACTION. LAW VERDIAN T. WOLFI and LAVI!"NI : NO. 17 . 5112 IlQUITY TI..M WOLF., hll wlfa Dafandanta PRAECIPE TO SETTLE AND DISCONTINUE To the Prothonotary: Please mark the above action settled and discontinued, January 6, 1997 ~ ,//~W/ ~.CJ . HAROLD S. IRWIN III Attorney for Plain ~ CJ (:: .i!, c:: -.,. l- e;.. ) ,'" ~(..... , -.-!' t-c (~ - ~ :". ..... ~. ; <I ('. sO :.:' ?ii tJ~ . .r ...~~ _Jt, ' "/ :;..: ~ljlU L.C -: .:.. roO -, "~_!O- '.5 (0 "5 a- U " .. {i \\ \ ..1 \\ -- , Thilt PNC Bank. l!Jilnch -n, "'orth lIills Bilnking Cl'nter, Il:'iOO McKnight Road, Pitt~hurgh, Pennsylvania 1:'i~.17 is Pl'llhihited from permitting the withdraw or di~trihution of any such prm'el.'ds fl'llm said al'l'ounl identified ahove and: 3. Thilt the following al'l'ounls ~hallnot be snbject to Ihis injunclion and shall be freely convertible by tht' defendants ilt their sole and exclusive discretion: A PNC Cl'r1ificate of Ikptlsit. Acconnt No, ,H3000:'i5209 and B. PNC Cerllficiltl' of Dl'fIllSit, Acwunl No, ,H90001l781!3, .., That this injunclion shall he made permanent until further Order of Court determining the ownership of 1111' funds llL-signated in Paragraph I of this Order. By the Court / ICY/~ft f P.J, / . Dennis.l, Miller, l's'l"ire "Ullrlley III Nil, 2XhO~ ~700 ('"'p"rille Drive Suile 440 Pillshurgh, Pennsylvania I ~2.\ 7 412..11><),057'\ STELLA E. WOLFE, hy Ill'r attorney.in-fact, SARA C. KUGLER IN THE COt) RT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, VS. CIVIL ACTION - EQUITY VERDEAN 1'. WOLFE and LA VERNE WOLFE, his wife Dcfcndants, No, 97-5992 EQU ITY TERM STI!~I'IXI'ION ,\NIl AGREEMENT Thc partics to this aCliou, and tlll'ir alloJ'llcys, hcrl'llY agrcc and stipulate, and conscnt that thc Court of ComnlOn PIl'a~ of Cumlll'r1and County cntcr thc following Order in this action. without tIll' Ill'l'l'ssity of holding till' hearing schcdulcd for Wl'dnesday, No\'cmhcr 12, 1997. I. Thc defendants all' l'njoitll'd from withdrawing, spcnding, converting or utilizing any [Jrocel'ds 110111 thl' liquidation of Plaintiffs ccrtitkatl's of deposits or passhook savings account on deposit at I'NC Bank or elscwhere, induding but not limitcd to till' following or any rollo\'l'r thereof il dilfl'l'l'nt SUl'Cl'SSor account numbl'rs ale assigned: A. PNC Certificall' of Ill-posit, Al'l'ount No, .1150005521i-l: B, PNC Certilicatl' of Ill-posit. Account No, .1U0007-lliH2: and . C. PNC ('enilll'all' of J)"p,,,jt. Al'<'Ounl l\o, 21001021293 , Thai PNC Bank IIranrh -17, North Hills Bankin!! ('''nter, K:'i()O f\kKnight Ruad, Pitl~hurgh, Penns\l\ania 1:'i2.H is plOhihit"d fWIlI Pl'rlllitting the withdraw or distribution of any such IHorr,'ds frolll said al'l'ounts identifird above. 3, The following aeronnts shallnol he SUhjl'l'tlO thl' rum'nt injlllll'tion and shall he freely convl'rtibll' hy the (il'fendants at tlwir sole and rxdusive discretion, A. PNC Certifil'atl' of Dl'posit, Arcount No, 3 I.l()OO:'i:'i209 B. PNC ('l,rtilirall' of D"IlllSit. Al'l'Ount l\o, .Hl)()()OK7IlK3 -I, That this injunction shall be iliadI' perlllanent until further Order of Court determining the ownership of the fnnds designated in Paragraph I of this Order, .., November ,,---, 1997 62tH?' ~~I't..) C'.:JI~ .fkc~1!v :JYa.; Stella E. Wolfe, hy her attorney-in- fm't, Sara C. Kugll'r, Plaintiff Vl'rdean T. Wolfe, Defenda " .Il.: ;'1 - C" , .' ~ . ... '1 4 ,/ <j: '~ . STELLA E. WOLFE, by her attorney-in-tact, SARA C. KUGLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. . , VERDEAN T. WOLFE and LAVERNE WOLFE, his wite, Defendants NO. 97-5992 EQUITY TERM ORDER OF COURT AND NOW, this 7th day of November, 1997, the Court previously set a hearing on the preliminary injunction tor today, Friday, November 7, 1997. This was a continued hearing because service of the order and complaint were not able to be served on the Defendants. The notice for today's hearing was not able to be served and the preliminary injunction is therefore dissolved because a hearing was not able to held within five days, A new hearing will be held accordingly by a subsequent order, By the Court, Harold S. Irwin, III, Esquire - ~1<-'t I"'II"'~'( I/II~ (9'/' For the Plaintitf ...J. \Y, :lfh , ;'.:' d .t' nLFC' .O;:FiC,f C -, ""T:~';:'T,lm ')7 ~:G',' - 7 PH 3= '.3 CI j\. '., ' ," "'I'"" .I'HJ...I ..-" \,. \..',.. "",',' I J Pi:N,,/3YL\'f.v'!,\ \l V. I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I I I I NO. 97-5992 EQUITY TERM I I CIVIL ACTION - EQUITY STELLA E. WOLFE, by her attorney-in-fact, SARA C. KUGLER VERDEAN T. WOLFE and LAVERNE WOLFE, his wife ORDER OF COURT AND NOW, this 3rd day of NOVEMBER, 1997, an ex parte preliminary injunction was issued by me on October 29, 1997, setting a hearing for November 3, 1997, at 2100 p.m. in Courtroom . 1. Service was not made on the defendant of the Order. Therefore, pursuant to Rule of Civil Procedure 1531(d), the injunction is dissolved. By the Court, .1!.C{!f.41c Isld Irwin, III, Esquir~ C6'P1 ~ /I/~:1- CCI Harold S. *~,. " STILLA I. WOLFI, by h.r ettom.y.ln-fect, SAIIA C. KUGLIR Plelntlff IIN THI COURT O' COMMON PLIAS OP I CUMBIRLAND COUNTY PINNSYLVANIA VS. I CIVIL ACTION - EQUITY VERDEAN T. WOLFE end LAVERNE WOLFI, his wlf. D.f.ndent. . . : NO. 97 - ~ L CIVIL TIRM AND NOW, this ORDER OF COURT -; rltay of November, 1997, in consideration of the Plaintiffs verified complaint in equity and petition for a preliminary injunction, and on motion of Plaintiffs allorney, Harold S, Irwin, III, Esquire, it appearing to this Court that immediate and irreparable harm will be sustained by the Plaintiff before a hearing can be held, it is hereby ordered and decreed as follows: That Defendants Verdean Wolfe and Laverne Wolfe and all persons acting in concert with them, be and are hereby enjoined and prohibited from withdrawing, spending or utilizing any of the proceeds from the liquidation of Plaintiffs certificates of deposits or passbook savings account on deposit at PNC Bank or elsewhere; That PNC Bank, Branch 47, North Hills Banking Center, 8500 McKnight Road, Pittsburgh, Pennsylvania 15237 is prohibited from permitting the withdrawal or '" distribution of any such proceeds from any accounts now held by Defendants with its institution; and That pursuant to Pa, R.C,P, No, 1531(d), a hearing pertaining to the continuance of this preliminary injunction shall be held on Wednesday, November 12, 1997 at 11 :00 a,m, in Courtroom No, 1, Cumberland County Courthouse, Carlisle, Pennsylvania, Further, a rule is hereby entered upon the Defendants to show cause, at the above date and time, why this preliminary injunction should not be maintained. This order is conditioned upon Plaintiffs filing with the Prothonotary $1,00 as per Pa. Rule of Civil Procedure 1531 (b)(2). Service upon the Defendants of this petition and Order shall be by personal service, On the motion of Harold S, Irwin, III, Esquire, to permit alternate service, Sergeant Michael L. Hope, of the Camp Hill Police Department, Camp Hill, Pennsylvania, is hereby authorized to make personal service of the Defendants. Service upon PNC Bank shall be by certified mail, return receipt requested, directed to the Pittsburgh branch referenced above, By the Court, Co f"'iS t:>E' /2~ ~ Lly JI/7/97 G-,U'(.0 r V. I IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : : I NO. 97-5992 EQUITY TERM I I CIVIL ACTION - EQUITY STELLA E. WOLFE, by her attorney-in-fact, SARA C. KUGLER VERDEAN T. WOLFE and LAVERNE WOLFE, his wife ORDER OF COURT AND NOW, this 3rd day of NOVEMBER, 1997, in consideration of the Plaintiff's verified complaint in equity and petition for a preliminary injunction, and on motion of Plaintiff's attorney, Harold S. Irwin, III, Esquire, it appearing to this Court that immediate and irreparable harm will be sustained by the Plaintiff before a hearing can be held, it is hereby ordered and decreed as follows: That Defendants Verdean Wolfe and Laverne Wolfe and all persons acting in concert with them, be and are hereby enjoined and prohibited from withdrawing, spending or utilizing any of the proceeds from the liquidation of Plaintiff's certificates of deposits or passbook savings account on deposit at PNC Bank or elsewhere; That pursuant to Pa.R.C.P. No. l53l(d), a hearing pertaining to the continuance of this preliminary injunction shall be held on Friday, November 7, 1997, at 9:00 a.m. in Courtroom' 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Further, a rule is hereby entered upon the Defendants to show cause, at the above date and time, why this preliminary injunction should not be maintained. . .' This order is conditioned upon Plaintiff's filing with the Prothonotary $1.00 as per Pa. Rule of Civil Procedure l53l(b)(2). Service of this petition and Order shall be by personal service. By the Court, . I Ul ..: . f<l": Ul 0-1:<: ~ ... .... ... A.:<: U .... c:: ::::: f<l><f<l III .... III .. ~ :<:A.E-;E-; .... ... '0 ...... ~ 0 H f<ll c:: f<l f<lC:: ~it ~ ~ .p 0-1 r.. c:: 1>::'... r.., r..,W ~S >< OH 0-1.... f<l III 0-1 0-1.... OE-;f<l:> 010-1.... 0 OW i ~~ I!:~ U:<:IH 3: >,l:1 A. 3: 3:0 !! P:<:U WP I>:: Ul~ [;88~ . c:::<: .'0 w ......~ 5Ul f<ll< Ul E-;C:: lil )0. E-; r 0 . ;. III ~l ~Ijj i;:t ~~ E-;OU jtu ~ ~ 0 it ~ ifi g; ~ ..: (> =s Q~ li;a. ~~ t;jlll~ f<l f<l ~1I/ O~ 0-1\'1 0 :> C5't U HI E-;I<": I>:: j l!l~ f<l:>.... UlWUl ~ ~ ~ f<l~H'" .c ~ ;Il U 'D P . >, E-;U A. .0 :<: :<:r.. HO . / J~wnrr!:. . fllll,!! /' ", Ii,; .. A HAIlOLO .. IIlWIN, III, !lQUIIlII ATTOllNIIY ID NO. nUl n IIA.T HIOH .TIlIIET CAIlLlILI! 'A nl13 (717) 20U .... ATTOllNIIY .Oll 'LAINTIf. STELLA E, WOLFE, by her attorney-In.fact, SARA C, KUGLER Plaintiff I IN THE COURT 0' COMMON PLEAS 0' I CUMBERLAND COUNTY PENNSYLVANIA VI. : CIVIL ACTION. EQUITY.t- . ~f/ U.(I . f'" ~I (.t U : NO. 87 . Sf ? - ,~RM VERDEAN T. WOLFE and LAVERNE WOLFE, his wife Defendants ORDER AND NOW, this J- rif- f day of October, 1997, in consideration of the Plaintiffs verified complaint in equity and petition for a preliminary injunction, and on motion of Plaintiffs attorney, Harold S, Irwin, III, Esquire, it appearing to this Court that immediate and irreparable harm will be sustained by the Plaintiff before a hearing can be held, it is hereby ordered and decreed as follows: That Defendants Verdesn Wolfe and Laverne Wolfe and all persons acting in concert with them, be and are hereby enjoined and prohibited from withdrawing, spending or utilizing any of the proceeds from the liquidation of Plaintiffs certificates of deposits or passbook savings account on deposit at PNC Bank or elSE/where; (f) j'"" " :,:' ',: ~ ~ S\u'\{l~ O\(tU- ~ Ol.l:~ s- CD'xi~ ,/ :'.. ,~'n. _ \ ., HAIIOLD a. IRWIN, III, EaQUllIE ATTOIINEY 10 NO, 21l2a II EAaT HIGH aTRUT CAIILlaLE I'A 17.13 (717) a.u .... ATTOIINEY FOil I'LAINTI" STELLA E. WOLFE, by her attorney-In-fact, SARA C. KUGLER Plaintiff IIN THI COURT OF COMMON PLEAS 0' I CUM.ERLAND COUNTY PINNSYLVANIA vs. I CIVIL ACTION. IQUITY f .<>-<...ot:. : NO. 97 - )11 z..- G.W. ~RM VERDEAN T. WOLFE and LAVERNE WOLFE, hla wife Defendants PETITION FOR PRELIMINARY INJUNCTION WITHOUT PRIOR WRITTEN NOTICE AND HEARING Plaintiff Stella E. Wolfe, by her attorney-in-fact, Sara C. Kugler and her attorney, Harold S, Irwin, III, Esquire, petitions this Court to enter a preliminary injunction pursuant to Pa. RC.P, No, 1531, representing as follows: 1, Plaintiff has filed a verified complaint in equity, attached as Exhibit "A" and incorporated herein by reference thereto, alleging inter alia, that pursuant to a deputy power over Plaintiffs safety deposit box, Defendant Verdean Wolfe entered the box on August 30, 1997 without Plaintiffs knowledge or permission, and removed Plaintiffs certificates of deposit, life insurance policies and deeds to Plaintiffs real property, 2. Plaintiffs complaint further avers that Defendant Verdean Wolfe then liquidated said CD's and closed Plaintiffs Passbook savings account and secretly deposited the proceeds in accounts which Defendant Verdean Wolfe and Defendant Laverne Wolfe opened with PNC Bank, and also avers that such funds total $140,621,.42, of which $1,928,81 consisted of penalties paid by Defendant Verdean Wolfe for early liquidation of the certificates, 3, Plaintiff's complaint reqlJests, inter alia, that this Court enjoin Defendants Verdean Wolfe and Laverne Wolfe from spending or utilizing any of the funds that the Defendants have on deposit with the Bank, I i r 4, Defendants should not be permitted to spend or utilize any of the funds which they presently have on deposit at PNC Bank until such time as a hearing is held and this Court finally determines the respective rights of each party named herein, for the following reasons: A. Plaintiff is threatened with immediate and irreparable harm because Defendants, who have unconditional access and control of the funds on deposit in Defendants' accounts at PNC Bank, will continue to dissipate and convert Plaintiff's proceeds if Defendants are permitted to utilize and spend any of the funds on deposit with PNC Bank, B. Immediate and irreparable harm will be sustained by the Plain:iff before a hearing can be held, as the Defendants, upon service of the complaint in equity against them are likely to remove Plaintiff's property from its present location at PNC Bank, cor.verting said property to cash, and dissipate Plaintiff's property. C, Plaintiff has reported this matter to the Cumberland County District Attorney and Camp Hill Police Department. Sergeant Michael L. Hope, of the Camp Hill Police Department, in the process of his investigation of this matter for possible criminal prosecution, is about to travel to Pittsburgh to obtain a statement from Defendants. It is Sergeant Hope's opinion that Defendants may withdraw these funds and that upon doing so, it may be difficult to recover them, causing irreparable harm to the Plaintiff, By letter dated October 23,1997, a copy of which is attached hereto as Exhibit "B", Sergeant Hope has requested Plaintiff request this Court to "place a hold on [Defendant's] account with PNC Bank", since this cannot be handled by the criminal system without criminal charges being filed and the District Attorney is continuing this investigation prior to filing such charges, D, Immediate and irreparable harm will be sustained by the Plaintiff as the result of Defendants' actions as Plaintiffs ability to continue to remain at Manor Care Nursing Home is seriously jeopardized since her Medicare benefits are insufficient to cover the expenses of her stay at Manor Care and Defendant's have appropriated to their own use and control the substantial majority of Plaintiff's personal funds and life savings without her knowledge, permission or consent. E, Nevertheless, as a result of Defendants' actions, Plaintiff is currently ineligible to apply for Medicaid benefits due to the inappropriate and fraudulent transfer of her assets from herself to Defendants. F, Notice upon the Defendants has not been attempted as Plaintiffs attorney believes that such notice will result in Defendants immediate withdrawal of Plaintiffs property from Defendants' accounts at PNC Bank and immediate dissipation of Plaintiffs property, 5, Plaintiff recognizes that under Pa, RC,P, No. 1531 a bond is required to be posted before an injunction will be issued against the Defendants, the amount of which is at the discretion of this Court, 6, Plaintiff requests that this Court to taka into consideration the circumstances of this case, the fact that Plaintiff's finances remain in the control of the Defendants and the serious and irreparable harm that may come to Plaintiff if Defendants are not enjoined as requested herein, 7, On the other hand, Plaintiff believes and therefor avers that though she knows the allegations of her complaint and this petition to be totally with merit, if upon final hearing the Court finds them to be without merit, no harm will have come to Defendants by virtue of the granting of this preliminary injunction as Plaintiff seeks only to "freeze" those assets held by Defendants that Defendants appropriated from her without her knowledge or permission and maintain the status quo pending a final hearing, 8, Accordingly, Plaintiff requests that this Court require Plaintiff to post only a minimum bond amount, not to exceed $5,000,00, WHEREFORE, Plaintiff requests, pursuant to Pa, RC,P. No. 1531(a), that a preliminary injunction be granted by this Court fort~with, prior to notice and a hearing, in order \0 preserve the status quo until such time as this Court finally determines the rights of each party by: A, Enjoining Defendants form spending or utilizing any proceeds from the liquidation of Plaintiffs certificates of deposit or Passbook savings account on deposit with PNC Bank or elsewhere; B, Directing that PNC Bank "freeze" such assets as are identified in the complaint attached hereto as Exhibit "A" and not permit any withdrawals or conversion of said assets by Defendants; and , .. C. Scheduling and holding a timely hearing, pursuant to Pa, R. C. p, 1531(d), pertaining to the continuance of such preliminary objection; D. Issuing a Rule upon Defendants to show cause why this preliminary injunction should not be maintained; E. Directing Plaintiff to post a bond with the Prothonotary in an amount not to exceed $5,000,00; and F, Such other relief as the Court may deem appropriate, October Z 7 .1997 HAROLD S. IRWI I II Attorney for the Plain . " EXHIBIT ".A.." ITILLA I. WOLFI, b, he, ."om.,-In-f.ct, lARA C. KUGLIII PI.lntl" : IN THI COUIIT O' CO..ON .LlAS O' : CU..IIILAND COUNTY .INNIYLVANIA VI. : CUM.IIILAND COUNTY .INNIYLVANIA : CIVIL ACTION - LAW VIIIDIAN T. WOLF. .nd LAVIIIlNI WOLFI, hi. wife Defend.nt. : NO. 17 . CIVIL TIIIM : JUIIY TIIIAL DIMANDID COMPLAINT Now comes the Plaintiff, Stella E, Wolfe, by her attorney-in-fact, Sara C. Kugler, and her attorney, Harold S, hwin, III, Esquire, and files this complaint against the Defendants, Verdean T. Wolfe and Laverne Wolfe, his wife, representing as follows: 1, The Plaintiff, Stella E, Wolfe, is an adult individual residing at Manor Care Nursing Home, 1700 Market Street, Camp Hill, Cumberland County, Pennsylvania 17055, 2. The Defendants, Verdean Wolfe and Laverne Wolfe, his wife, are adult individuals residing at 131 Third Avenue, Pittsburgh, Allegheny County, Pennsylvania, 15229, 3. The Defendant Verdean Wolfe, is the nephew of the Plaintiff. 4, Sara Kugler is a unrelated third party acting on behalf of Plaintiff, pursuant to a power of attorney executed on March 17, 1997, A copy of the power of 12, At the time, Plaintiff believed she was executing a document that would only allow Defendant Verdean Wolfe to add his name to her deeds and that this was necessary in order to allow for the properties to be liquidated on her death. 13. At the time of the execution of the above document, Plaintiff did not intend to make a gift of any of her property to Defendant Verdean Wolfe, 14, In fact, Defendant Verdean Wolfe's name was never added to the deeds, 15, Plaintiff now believes and therefore avers that the document which Defendant Verdean Wolfe actually presented to her for signature and which she signed was a general power of attorney, naming Defendant Verdean Wolfe as power of attorney for her. 16. On July 21, 1995, Plaintiff signed herself out of the Manor Care Nursing Home and returned to her residence at in West Fairview Township, 17. While at home, Plaintiff was again visited by the Defendants, 18, During this visit, Defendant Verdean Wolfe took Plaintiff to PNC Bank in Enola, Pennsylvania, 19, While at the Bank, Defendant Verdean Wolfe suggested that Plaintiff appoint him deputy to her safety deposit box with the understanding that he would have access to the box only in the event of Plaintiff's incapacitation or death, 20. Relying on Defendant Verdean Wolfe's representations Plaintiff's gave her permission for him to be appointed deputy to her safety deposit box, 3 21, Defendant Verdean Wolfe was then given a second key to Plaintiffs safety deposit box, 22, Defendant Verdean Wolfe still possesses this second key, 23, By delivering this key to her safety deposit box to Defendant Verdean Wolfe, Plaintiff did not intend to make a gift of the contents to him, 24. At the time of Defendant Verdean Wolfe's deputation, Plaintiffs safety deposit box contained the substantial majority of Plaintiffs life savings, comprised of twelve (12) certificates of deposit (CD's), two (2) from PNC Bank and ten (10) from Harris Savings Bank, totaling $164, 397,59, 25, At the time of Defendant Verdean Wolfe's deputation, Plaintiffs safety deposit box also contained two (2) life insurance policies, one insuring the life of Plaintiff and naming Defendant Verdean Wolfe as beneficiary and a second belonging to Verdean Wolfe naming Plaintiff as beneficiary, 26, Plaintiffs Safety deposit box also contained two deeds to Plaintiffs real property, 27, Each of the twelve (12) CD'S was a JoinVOr account, meaning that either of the signatories could cash the CD's without the other being present. 28, Nine (9) of these CD's were in the names of Plaintiff and Defendant Verdean Wolfe, 29, The remaining three (3) CD's were held in the names of Plaintiff and Defendant Verdean Wolfe's brother, Kenneth B, Wolfe, 4 30, The CD's were held in joint names at the insistence of the Defendant Verdean Wolfe, 31, Specifically, Defendant Verdean Wolfe told Plaintiff, falsely and with the intent to deceive Plaintiff, that if Defendant Verdean Wolfe and his brother, Kenneth Wolfe, did not have their names on the CD's, the money would "go to the state" when Plaintiff died, 32, Relying on Defendant Verdean Wolfe's false and deceitful misrepresentations, Plaintiff had Defendant Verdean Wolfe's name added to nine of Plaintiffs CD's, 33. Relying on Defendant Verdean Wolfe's false and deceitful misrepresentations, Plaintiff had Kenneth Wolfe's name added to three of Plaintiffs CD's. 34, Defendant Verdean Wolfe never had the Plaintiffs permission to cash the CD's for his own use or for any use other than the care, maintenance and support of the Plaintiff. 35, Plaintiff never intended to make an intervivos gift of the CD's, or any share thereof, to Defendant Verdean Wolfe, Defendant's spouse, Laverne Wolfe, or Defendant's brother, Kenneth B. Wolfe. 36. On August 30, 1996, using his authority as deputy and in breach of his fiduciary duty to Plaintiff, Defendant Verdean Wolfe entered Plaintiffs safety deposit box and removed its entire contents, including Plaintiffs CD's, life insuranca policies and deeds. 5 37, This removal was done without Plaintiffs knowledge or permission, 38 On August 30, 1996, Defendant Verdean Wolfe cashed nine (9) of Plaintiffs CD's, paying $1,928,81 in penalties and acquiring proceeds totaling $125, 052.02, Copies of the receipts initialed by Defendant Verdean Wolfe, indicating these CD's were in fact cashed are, attached as Plaintiffs exhibit "B" and incorporated herein by reference thereto, 39, The cashing of the Plaintiffs CD's was also undertaken without Plaintiffs knowledge or permission. 40. Using these proceeds, Defendant Verdean Wolfe opened accounts in his and his wife's name at PNC Bank in Pittsburgh, Pennsylvania. 41, On August 30, 1996, Defendant Verdean Wolfe closed out Plaintiffs Harris Savings Bank Passbook Savings Account, obtaining proceeds totaling $3, 640.65, 42, The closing of Plaintiffs saving account was also undertaken without Plaintiffs knowledge or permission, 43. These proceeds were also deposited by Defendant Verdean Wolfe in the PNC accounts opened in Pittsburgh. 44. On March 4, 1997, Plaintiff executed a new power of attorney naming Sara C, Kugler as power of attorney, thereby revoking all prior powers of attorney. 45, It was not until Sara C, Kugler became power of attorney for Plaintiff that Defendant Verdean Wolfe's activities were discovered, 6 46 Specifically, is was not until Sara C, Kugler attempted to liquidate Plaintiff's estate for the benefit of Plaintiff, that she discovered that nine (9) of Plaintiffs CD's had been cashed by Defendant Verdean Wolfe, 47, It was also around this time that Sara C. Kugler discovered that one of Plaintiff's CD's had apparently been cashed by Defendant Verdean Wolfe in April of 1996, with Defendant acquiring proceeds totaling $10,000,00. 48, On March 11, 1997, a copy of the new power of attorney, accompanied by a letter from Plaintiff's attorney, was sent to Defendant Verdean Wolfe demanding the return of the contents of Plaintiff's safety deposit box, including the proceeds of Plaintiff's CD's, her life insurance policy and her deeds, A copy of the letter is attached as Plaintiff's Exhibit 'C' and incorporated herein by reference thereto, 49. Plaintiff received no response from Defendant Verdean Wolfe. 50, On March 17,1997, Plaintiff executed a second power of attorney naming Sara C, Kugler as power of attorney. A copy of current power of attorney is attached as Plaintiff's Exhibit 'A' and incorporated herein by reference thereto, 51, A second letter was sent to Defendant Verdean Wolfe on March 25, 1997, again demanding that he return Plaintiff's property, and again no response was forthcoming, A copy of this letter is attached as Plaintiffs Exhibit '0' and incorporated herein by reference thereto. 52, To date, neither Defendant has returned Plaintiff's property nor have they offered an explanation why it was taken from Plaintiff's lawful possession, 7 53, Plaintiff is currentiy a resident at Manor Care Nursing Home in Camp Hill, Pennsylvania, 54, Plaintiffs currently monthly expenses for her room and care at Manor Care Nursing Home exceed $4,000 a month, 55, As a result of Defendants' actions, Plaintiffs ability to continue to remain at Manor Care Nursing Home is seriously jeopardized, as her Medicare benefits are insufficient to cover the expenses of her stay at Manor Care and Defendant's have appropriated to their own use and control the substantial majority of Plaintiffs personal funds and life savings without her knowledge, permission or consent. 56. Nevertheless, as a result of Defendants' actions, Plaintiff is currently ineligible to apply for Medicaid benefits due to the inappropriate and fraudulent transfer of her assets from herself to Defendants, 57. Through her power of attorney, Plaintiff was able to liquidate her life insurance policy, despite Defendant Verdean Wolfe invasion of her safety deposit box and retention of the policy against Plaintiffs wishes, 58 Despite this liquidation, Plaintiff remains in a precarious financial situation as a result of the activities of both Defendants, 59, Plaintiff, through her attorneys, has repeatedly asked Defendant Verdean Wolfe to return her property and the proceeds obtained therefrom, but Defendant has without justification repeatedly refused to do so, thereby causing Plaintiff immediate and irreparable harm, which harm will continue unless Defendant's actions are enjoined and for which there is no adequate remedy at law, 8 COUNT' : FRAUQ AGAINST VERDEAN WOill 60, Paragraphs 1 through 59 of Plaintiff's complaint are incorporated herein by reference thereto. 61, As a result of the familial relationship between Plaintiff and Defendant Verdean Wolfe, Plaintiff placed her utmost trust in Defendant Verdean Wolfe to care for her financial well being in the event that she was unable to act in her own best Interest. 62. By false information and deceptive manipulation of this trust, Defendant Verdean Wolfe was able to induce Plaintiff to: A) place her entire life savings in joint CD's wilh Defendant Verdean Wolfe and his brother, Kenneth B. Wolfe, B) execute a power of attorney naming Defendant Verdean Wolfe as power of attorney and C) grant Defendant Verdean Wolfe deputy power over her safety deposit box, giving him unfettered access to over $168,000.00 of Plaintiff's property. 63, Specifically, Defendant Verdean Wolfe knowingly, deceitfully and fraudulently misrepresented to Plaintiff that his control over Plaintiff's finances and real property was solely for Plaintiff's benefit should she become incapacitated and was necessary for liquidation upon Plaintiff's death. 64, Defendant Verdean Wolfe intended Plaintiff to rely on his deceitful and fraudulent misrepresentations, and she did in fact rely thereon, 65. As a direct and proximate result of Defendant Verdean Wolfe's fraudulent and deceitful actions, Plaintiff has suffered and will continue to suffer immediate and irreparable harm, which harm will continue and cannot be adequately remedied at law. 9 66, As a result of Defendant Verdean Wolfe's giving of false and deceitful information to Plaintiff and his deceptive manipulation of Plaintiff, Plaintiff suffered damages In excess of $168,000,00, 67, By exploiting the familial relationship and trust that existed between Plaintiff and Defendant Verdean Wolfe in order to gain access to Plaintiffs life savings, Defendant Verdean Wolfe acted willfully, intentionally, deliberately and fraudulently, with such evil motive and wanton disregard for Plaintiffs well being that an award of punitive damages is justified, 68, Defendant Verdean Wolfe's actions were also in bad faith, justifying an award of allorney's fees pursuant to 42 Pa. C,S,A. ~ 2503 (9), WHEREFORE Plaintiff demands judgment against Defendant Verdean Wolfe in excess of $168,000,00 In compensatory damages, plus punitive damages, interest, costs and allorney's fees, and that the Court enter injunctive relief, preliminary until final hearing and permanently thereafter providing as follows: (a) Enjoining Defendants from withdrawing, spending or in any way using the proceeds of Plaintiffs CD's or passbook savings account; (b) Ordering an accounting for all funds or other assets of Plaintiff obtained by Defendants; (c) Ordering Defendants to make Plaintiff whole for all sums misappropriated by Defendants; 10 (d) Ordering that Defendants return to Plaintiff all of Plaintiff's property in their possession and control, including, but not limited to her life insurance policy and her two deeds; and (e) Such other relief as the Court may deem appropriate, COUNT II: CONVER12!Q~ AGAINST VERDEAN WOLFE 69, Paragraphs 1 through 68 of Plaintiff's complaint are incorporated herein by reference thereto, 70. At all times prior to Defendant Verdean Wolfe's removal of Plaintiff's CD's, life insurance policy and deeds from her PNC safety deposit box, Plaintiff was the lawful possessor of this property. 71, On August 30, 1997, Defendant Verdean Wolfe wrongfully, intentionally and without lawful justification removed Plaintiff's property from her safety deposit box and exercised unreasonable dominion and control over this property to the exclusion of the Plaintiff and breached his fiduciary duty to Plaintiff by: A) cashing Plaintiff's twelve CD's and depositing the proceeds into bank accounts in his and his wife's name, B) retaining possession of Plaintiff's insurance policy and deeds to her real property and C) refusing to return Plaintiff's property despite Plaintiff's and Plaintiff's attorneys' insistence that said property be returned. 72, On August 30, 1997, Defendant Verdean Wolfe wrongfully, intentionally and without lawful justification closed out Plaintiff's Harris Savings Bank Passbook Savings Account and deposited the funds into bank accounts in his and Laverne Wolfe's name, 11 73, Without said funds, Plaintiff will be unable to maintain her necessary residency and care at Manor Care Nursing Facility, or in the alternative, will be forced to sell her real property in order to maintain her necessary residence and care at Manor Care, 74, The Defendant Verdean Wolfe, on demand of the Plaintiff and Plaintiff's attorney refused to deliver Plaintiff's property to Plaintiff and continues to refuse to do so. 75, As a direct and proximate result of Defendant's actions, Plaintiff has suffered and continues to suffer immediate and irreparable harm, which harm will continue and cannot be adequately remedied at law, 76, As a result of Defendant Verdean Wolfe's unlawful conversion of Plaintiff's property to his own and his wife's separate use and control, Plaintiff has suffered damages in excess of $168,000,00, 77, By exploiting the familial relationship and trust that existed between Plaintiff and Defendant Verdean Wolfe in order to convert Plaintiff's entire life savings, Defendant Verdean Wolfe acted intentionally, deliberately, deceitfully and fraudulently, with gross indifference to Plaintiffs rights and with such an evil motive that an award of punItive damages is justified. 78, Defendants Verdean Wolfe's actions were in bad faith justifying an award of attorney's fees pursuant to 42 Pa, C.SA !j2503 (9), WHEREFDRE Plaintiff demands judgment against Defendant Verdean Wolfe in excess of $168,000.00 in compensatory damages, plus punitive damages, interest, 12 costs and attorney's fees, and that the Court enter injunctive relief, preliminary until final hearing and permanently thereafter providing as follows: (a) Enjoining Defendants from withdrawing, spending or in any way using the proceeds of Plaintiff's CD's or passbook savings account; (b) Ordering an accounting for all funds or other assets of Plaintiff obtained by Defendants; (c) Ordering Defendants to make Plaintiff whole for all sums misappropriated by Defendants; (d) Ordering that Defendants return to Plaintiff all of Plaintiffs property in their possession and control, including, but not limited to her life insurance policy and her two deeds; and (e) Such other relief as the Court may deem appropriate, COUNT III: BREACH OF FIDUCIARY DUTY AGAINST VERDEAN WOLFE 79, Paragraphs 1 through 78 of Plaintiffs complaint are incorporated herein by reference thereto, 80. By virtue of his relationship to Plaintiff, Defendant Verdean Wolfe owed a fiduciary duty to Plaintiff, 13 81, Plaintiff believes and therefor avers that Defendant Verdean Wolfe misappropriated and used for his own purposes funds belonging to Plaintiff and which were to be used solely in connection with the care and maintenance of Plaintiff, 82. Without the aforesaid funds, Plaintiff will be unable to maintain her necessary care and residency at Manor Care Nursing Facility, or in the alternative, will be forced to sell her real property in order tom maintain her necessary residency and care at Manor Care, 83. As a direct and proximate result of Defendants' actions, Plaintiff has suffered and continues to suffer immediate and irreparable harm, which harm Is likely to continue and cannot be adequately remedied at law, WHEREFORE Plaintiff demands judgment against Defendant Verdean Wolfe in excess of $168,000,00 in compensatory damages, plus punitive damages, interest, costs and attorney's fees, and that the Court enter injunctive relief, preliminary until final hearing and permanently thereafter providing as follows: (a) Enjoining Defendants from withdrawing, spending or in any way using the proceeds of Plaintiffs CD's or passbook savings account; (b) Ordering an accounting for all funds or other assets of Plaintiff obtained by Defendants; (c) Ordering Defendants to make Plaintiff whole for all sums misappropriated by Defendants; 14 (d) Ordering that Defendants return to Plaintiff all of Plaintiffs property In their possession and control, Including, but not limited to her life Ineurance polley and her two deads; and (e) Such other relief as the Court may deem appropriate, COUNT IV: TRESPASS TO CHATTEL~ AGAINST VERDEAN WOLFE and LAVERNE WOLf~ 64, Paragraphs 1 through 83 of Plaintiffs complaint are Incorporated herein by reference thereto. 85, Plaintiffs assets have been placed in joint accounts In the names of both Defendants, 86. By having their name on the accounts, Defendants continue to exercise dominion and control over Plaintiffs property, 87, This dominion and control Is to the exclusion of any control Plaintiff would have been able to lawfully exercise had the property remained in Plaintiffs rightful possession, 88, Defendants have continued access to Plaintiffs property, 89. Defendants have failed to use this access to return Plaintiffs property to Plaintiff; in fact, Defendants have actually used this access to fraudulently convert all of Plaintiff's life's savings to their own sole and separate use and control. 15 90. As a direct and proximate result of Defendants' actions, Plaintiff has suffered and continues to suffer immediate and irreparable harm, which harm will continue and cannot be adequately remedied at law. 91. As a result of Defendants interference with Plaintiff's property, Plaintiff suffered damages in excess of $168,000.00. 92. Defendants intentional, deceitful and fraudulent interference with Plaintiff's property rights was undertaken with gross indifference to Plaintiffs well being and with such an evil motive that an award of punitive damages is justified. 93. Defendants intentional interference with Plaintiff's property rights was undertaken with bad faith justifying an award of attorney's fees pursuant to 42 Pa. C.S.A. 92503 (9). WHEREFORE Plaintiff demands judgment against Defendant Verdean Wolfe in excess of $168,000.00 in compensatory damages, plus punitive damages, interest, costs and attorney's fees, and that the Court enter injunctive relief, preliminary until final hearing and permanently thereafter providing as follows: (a) Enjoining Defendants from withdrawing, spending or in any way using the proceeds of Plaintiff's CD's or passbook savings account; (b) Ordering an accounting for all funds or other assets of Plaintiff obtained by Defendants; (c) Ordering Defendants to make Plaintiff whole for all sums misappropriated by Defendants; 16 (d) Ordering that Defendants return to Plaintiff all of Plaintiff's property in their possession and control, including, but not limited to her life Insurance policy and her two deeds; and (e) Such other relief as the Court may deem appropriate. October 27 .1997 17 VI!RIFICATION The averments of the foregoing complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsificeUon to authorities. October '1-7 . 1997 J~ j].~~ SARA C. KUGLER, ttomey.ln.fact for Plaintiff Stella E. Wolfe 17 " ,. :e"''''''1RfIlElIT ....A." POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I, STELLA E. WOLFE have constituted and appointed and by these presents do make, constitute and appoint SARA C. KUGLER my true and lawful attorney for me and in my name and on my behalf generally, to do and perform all matters and things, transact all business, make, execute, acknowledge, endorse and deliver all contracts, orders, checks, deeds of conveyance, certificates of stock, bonds, leases, mortgages, car titles. releases of lien or satisfaction of bonds and mortgages and other writings, assurances and instruments which may be requisite or proper to effectuate any matter or thing appertaining or belonging to me, including making medical decisions affecting me; within the power hereby granted to my attorney is the right of access to and deposit and withdrawal from, any safety deposit box to which I have said rights and also the right of withdrawal from any savings account, and all with the same. powers, and to all intents and purposes with the same validity as I could, if personally present, hereby ratifying and confirming whatsoever my said attorney shall and may do, by virtue hereof. It is also my intention and direction that this power of attorney shall not be adversely affected by any physical or mental disability. It shall not be necessary that my attorney named herein obtain judicial determination of such disability, but it shall be sufficient that my attorney shall determine, in concurrence with the advice of my physician that 1 am physically and/or mentally incapable of handling my affairs. This power of attorney shall rescind and revoke any other powers of attorney previously made by me. . 7'" IN WITNESS WHEREOF, 1 have hereunto set my hand and seal this I day of March, 1997. WITNESSED BY: " '6 srE1LA(f~LFE /lP.~ -~) ENNSYL V ANlA :SS: COUNTY OF CUMBERLAND On this, the / -; f1day of March, 1997 before me, the undersigned officer, personally appeared STELLA E. WOLFE. known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and ac wledged that she executed same for the purposes therein contained. 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","'.:' o. ,.............~.. .. ~ WCti .'. .....' .., :.' . ij M~ ..Jm'?7r:i: "il~::~'3.. ~10041~ ".~..g ...,. ; ~. ,'- . .., , tlS '.~~ :L."~ Un"......... IIcc""," ......... OluatlJ61 - G: ImLA I UCUI \/IIOUIt , IIOLn UO"'II --.-.....".. , ......: :... -, ,\ ' '"" ' (-~, I " ... .J !"7 ,$1 , .. PAM,UGAL tA W OFFICES 01' HAROLD S. IRWIN, m ATTORNEY-A r.tA W HITNER HOUSE, surrES 201 end 202 35 eAST HIGH STREET CARUSL!. PENNSYLVANIA 17013 _w, cenpMn.comllrNln/ .nYI: ilwln"wfhpJx,n.t 717.243-e01O - 717.243-1200 '''- HA~OLD I, I~WlN, III JOV I. ZlRANCI Marcb II. 1997 V1RDEAN WOLFE tJ I J"" A Vi: PITTSBVRGH PA 15119 RE: STELLA WOLFE Po"er 0' Altoney Dear Mr. Wolfe: EndOlCd plcuellod a copy 01 tho IIllW power 01 anomcy tMCUted by Stella Wolfe. TbilIIllW poMI' 01 aRomey moka tho previoul power 01 attorDCy Iivm to you by M.n. Wolte. Sinc:e you II/'llIlO IonF autborized 10 act OD bcbalfolMs. Wolfe, ~ forward to me1mnv<!I.._'Y all c:ertl.fk:atCl 01 dcpoIll. deeda, iDIuraDcI poIlda. willi or copiCl oC wi1II, the afcty dcpoIlt box keys aod any OCher pnlpCrt)' or docwDcDlI you mav ~ bfIonJl'l'1O lit RIaIIn, to Stella Wolfe, IIUQCII that you ICIId lhiI maIcrial to me by rclillcred, lJIIlII'lld malIl.D onIcr to pIOleCt apiDJt loa in tho maillf'ltCDl. It you Icl me !mow lbc COItI invo1vcd fnr IhiI, I wlU .. that you arc rcimbuned. It you have any question about this, please feel free 10 O:ODlaC\ me. However, I expect that you will IIollOr litis request in a timely manner, Thank you for your cooperation in IhiI matter. . bll STEllA WOLfI c/o SARA KUGLER 453 ITA TI ~D WElT FAIIIVIEW'A 11021 LAW O'RC'S iN HAROLD S. lRWDI, m ATTORNEY.A T.LAW HAIIOLD I. 111_. III JOY S. ZlIIANC' 'AAALI~ HITN/!R HOUSE, SUITES 201 and 202 38 EAST HIGH STREET CARUSIJ!. PENNSYLVANIA 17013 717.2~ - 717.243-1200 ,~ www,C"'P"In.conWwlnl ..md: Irwlnklwo.plx.n.t March 25, 1997 VERDEAN WOLFE IJI JRD AVE PITTSBURGH PA 15229 RE: Stella Wolfe Power of Attorney Dear Mr. Wolfe: I wrote to you on March II, 1997 regarding the revocation ofthc powerofattomey previowly gruted to you. I aIIo requated the immediate return of a11 property in your possession and control wbich belonp to Mrs. Wolfe. I have a siped return receipt card indicatins that you received my letter on Marth 17. 1997. I have left two phone mesaases with you since that ti!M, attemplins to speak with you about this. but you have not returned these calls, This letter is to advise you that if I have not heard from you in writing and have not received from you all such property by April 7, 1997, I will then recommend to Mrs, Wolfe that we contact the District Attorney in Pittsburgh to take appropriate action to secure the return of Mrs. Wolfe's property, ~. Wolfe is quite upset about this. so I sincerely hope this step will not be necessary, J STKU.A WOLR C/O SAJIA KtlGLU .sJ STATa aD war rADlvmw'A 17121 Camp :Hil[ fJloro'ugfr. Po[ice'Department 2199 WALNUT STREET, CAMP HILL, PENNSYLVANIA 17011 TELEPHONE, (717) 737-1570 FAX, (717) 730-3963 October 23, 1997 Harold S, Irwin. 111, Esquire Hitner House, Suites 201 and 202 35 East High Street Carlisle, PA 17013 Re: Stella WolfefTravis V, Wolfe Sir: As you are aware I have been investigating the alleged unauthorized conversion of monies from your client, Stella Wolfe, by her nephew, Travis V. Wolfe. I have had several meetings and conversations with the district attorney's office and to this point both of our offices do not believe that we..~ prove criminal intent at this point without a statement from Mr. Wolfe. ' ;~ .~ ~ 'j~' I am prepared to travel to the Pittsburgh area where Mr. Wolfe re3ides to con4uct an interview in an attempt to obtain a statement from him and/or make an attempt for him to return the funds to your client. During the course of my investigation I have 1eamed that Mr, Wolfe dOes have a substantial amount of money deposited in the PNC bank, It is my opinion that Mr. Wolfe may withdraw these funds and we may not be able to recover them easily, It is my request to you at this point that an attempt be made via the courts to place a hold on Mr, Wolfe's accounts with PNC bank, The district attorney's office advises me that this cannot be handled by the criminal system without criminal charges being filed. I am concerned that should Mr, Wolfe have a criminal intent to obtain Stella's money that after an interview and facing possible criminal charges the funds will disappear and she will be out a substantial amount of her life savings. Should you require any further assistance please feel free to contact my office. I hope to here from you very soon so that I may proceed with the investigation. Respectfully, Michael L. Hope I Sergeant {jregory J. .9tl1/.nWns CHIEF OF POUCE It4 ' ' --1::' 'I ',-) U r........ 0 ':t- l{) .\- PI \, (0 (.'0 :4 l!) M ~<:\ ~ \.r> , .,,0 ~ ~ ~ <./ - Ul . r:i~ "' '" 'H +l ...:lZ ~ U 'H ~ ::::: Pdil >< 01l '.. 01l .. Pd-'W 'H '" '0 ..... ~ Z HE-< WI ~ l'l ~ o -0 Ca.4 ~ t:G .,.1 1>< WQJ ~~ ~i ~ >< O...:l ...:l'''W 01l ...:l ~'H E-<WH Ol...:l.... 0 ...:lQJ E-< e ~~ OZI::- 3: >t 1.7 p" 3: 00 Z II UOZH QJO 3: H Q::l" CII... .3~~ . ~:.: . ''0 :s ~ ......,c a~ W~ "' i-<~W C/j~ o E-<l1'I 0 . > 01l~ p" i::r: OU ::JtU :<: ~ :i ~ j~~c- ~ ~ 0 ~ Q ~ ...~ tj01l~ U =3 -..J l:: ~1Ii 1::14: O~I E-<~~ fil :s 0<1 :ll~ UW ~ UlQJUl l'l Q:: .s:: ::- ~ ~ W . ~ :<:0 0 >t E-<U Z .0 Z~ HO . . .- ~ t::Ol1 .. . . ~-- ' ,,\ , .. 40" . . . ITILLA I. WOL'I, by he, attomey-In-fact, lAllA C. KUGLIR Plaintiff I IN TH. COURT 0' COMMON PL.'" 0' I CUMBlI!RLAND COUNTY PINNIYLVANIA VI. I CUMBIRLAND COUNTY PlNNIYLVANIA I CIVIL ACTION - LAW I ('llJ.J,,\ I NO. 17 - sqq:1 cwu. TERM YIRDIAN T. WOLFI and LAYIRNI WOLFI, hi. wife Defendants I JURY TRIAL DIMANDID COMPLAINT Now comes the Plaintiff, Stella E. Wolfe, by her attorney-in-fact, Sara C. Kugler, and her attorney, Harold S. Irwin, III, Esquire, and files this complaint against the Defendants, Verdean T, Wolfe and Laverne Wolfe, his wife, representing as follows: 1, The Plaintiff, Stella E, Wolfe, is an adult individual residing at Manor Care Nursing Home, 1700 Market Street, Camp Hill, Cumberland County, Pennsylvania 17055, 2. The Defendants, Verdean Wolfe and Laverne Wolfe, his wife, are adult individuals residing at 131 Third Avenue, Pittsburgh, Allegheny County, Pennsylvania, 15229. 3. The Defendant Verdean Wolfe, is the nephew of the Plaintiff, 4, Sara Kugler is a unrelated 1hird party acting on behalf of Plaintiff, pursuant to a power of attorney executed on March 17, 1997. A copy of the power of 12. At the time, Plaintiff believed she was executing a document that would only allow Defendant Verdean Wolfe to add his name to her deeds and that this was necessary in order to allow for the properties to be liquidated on her death, 13, At the time of the execution of the above document, Plaintiff did not intend to make a gift of any of her property to Defendant Verdean Wolfe. 14. In fact, Defendant Verdean Wolfe's name was never added to the deeds, 15, Plaintiff now believes and 1herefore avers that the document which Defendant Verdean Wolfe actually presented to her for signature and which she signed was a general power of attorney, naming Defendant Verdean Wolfe as power of attorney for her, 16. On July 21, 1995, Plaintiff signed herself out of the Manor Care Nursing Home and returned to her residence at in West Fairview Township. 17. While at home, Plaintiff was again visited by the Defendants, 18, During this visit, Defendant Verdean Wolfe took Plaintiff to PNC Bank in Enola, Pennsylvania. 19. While at the Bank, Defendant Verdean Wolfe suggested that Plaintiff appoint him deputy to her safety deposit box with the understanding that he would have access to the box only in the event of Plaintiff's incapacitation or death. 20. Relying on Defendant Verdean Wolfe's representations Plaintiff's gave her permission for him to be appointed deputy to her safety deposit box. 3 21, Defendant Verdean Wolfe was then given a second key to Plaintiffs safety deposit box. 22. Defendant Verdean Wolfe still possesses 1his second key, 23. By delivering this key to her safety deposit box to Defendant Verdesn Wolfe, Plaintiff did not intend 10 make a gift of the contents to him. 24. At the time of Defendant Verdean Wolfe's deputation, Plaintiffs safety deposit box contained the substantial majority of Plaintiff's life savings, comprised of twelve (12) certificates of deposit (CD's), two (2) from PNC Bank and ten (10) from Harris Savings Bank, totaling $164, 397.59. 25. At the time of Defendant Verdean Wolfe's deputation, Plaintiff's safety deposit box also contained two (2) life insurance policies, one insuring the life of Plaintiff and naming Defendant Verdean Wolfe as beneficiary and a second belonging to Verdean Wolfe naming Plaintiff as beneficiary, 26, Plaintiff's Safety deposit box also contained two deeds to Plaintiff's real property, 27, Each of the twelve (12) CD'S was a JoinUOr account, meaning that either of the signatories could cash the CD's without the other being present. 28. Nine (9) of these CD's were in the names of Plaintiff and Defendant Verdean Wolfe, 29, The remaining three (3) CD's were held in the names of Plaintiff and Defendant Verdean Wolfe's brother, Kenneth B. Wolfe, 4 30, The CD's were held in joint names at the Insistence of the Defendant Verdean Wolfe, 31. Specifically, Defendant Verdean Wolfe told Plaintiff, falsely and with the intent to deceive Plaintiff, that if Defendant Verdean Wolfe and his bro1her, Kenneth Wolfe, did not have 1heir names on the CD's, 1he money would "go to the state" when Plaintiff died. 32. Relying on Defendant Verdean Wolfe's false and deceitful misrepresentations, Plaintiff had DefendElnt Verdean Wolfe's name added to nine of Plaintiff's CD's, 33. Relying on Defendant Verdean Wolfe's false and deceitful misrepresentations, Plaintiff had Kenneth Wolfe's name added to three of Plaintiffs CD's, 34, Defendant Verdean Wolfe never had the Plaintiff's permission to cash the CD's for his own use or for any use other than the care, maintenance and support of the Plainliff, 35. Plaintiff never intended to make an Intervivos gift of the CD's, or any share thereof, to Defendant Verdean Wolfe, Defendant's spouse, Laverne Wolfe, or Defendant's bro1her, Kenneth B, Wolfe, 36. On August 30, 1996, using his au1hority as deputy and in breach of his fiduciary duty to Plaintiff, Defendant Verdean Wolfe entered Plaintiff's safety deposit box and removed its entire contents, including Plaintiffs CD's, life insurance policies and deeds. 5 37. This removal was done without Plaintiff's knowledge or permission, 38 On August 30, 1996, Defendant Verdean Wolfe cashed nine (9) of Plaintiff's CD's, paying $1, 928.81 in penalties and acquiring proceeds totaling $125, 052.02, Copies of the raceipts initialed by Defendant Verdean Wolfe, indicating these CD's were in fact cashed are, attached as Plaintiff's exhibit "B" and incorporated herein by reference thereto. 39, The cashing of the Plaintiff's CD's was also undertaken without Plaintiff's knowledge or permission. 40, Using these proceeds, Defendant Verdean Wolfe opened accounts in his and his wife's name at PNC Bank in Pittsburgh, Pennsylvania, 41, On August 30, 1996, Defendant Verdean Wolfe closed out Plaintiff's Harris Savings Bank Passbook Savings Account, obtaining proceeds totaling $3, 640,65. 42. The closing of Plaintiff's saving account was also undertaken without Plaintiff's knowledge or permission. 43. These proceeds were also deposited by Defendant Verdean Wolfe in the PNC accounts opened in Pittsburgh. 44. On March 4, 1997, Plaintiff executed a new power of attorney naming Sara C. Kugler as power of attorney, thereby revoking all prior powers of attorney, 45, It was not until Sara C. Kugler became power of attorney for Plaintiff that Defendant Verdean Wolfe's activities were discovered. 6 53. Plaintiff is currently a resident at Manor Care Nursing Home in Camp Hill, Pennsylvania. 54. Plaintiff's currently monthly expenses for her room and care at Manor Care Nursing Home exceed $4,000 a month, 55. As a result of Defendants' actions, Plaintiff's ability to continue to remain at Manor Care Nursing Home is seriously jeopardized, as her Medicare benefits are insufficient to cO'/er the expenses of her stay at Manor Care and Defendant's have appropriated to their own use and control the substantial majority of Plaintiff's personal funds and life savings without her knowledge, permission or consent. 56. Nevertheless, as a result of Defendants' actions, Plaintiff is currently ineligible to apply for Medicaid benefits due to the inappropriate and fraudulent transfer of her assets from herself to Defendants, 57, Through her power of attorney, Plaintiff was able to liquidate her life insurance policy, despite Defendant Verdean Wolfe invasion of her safety deposit box and retention of 1he policy against Plaintiff's wishes, 58 Despite this liquidation, Plaintiff remains in a precarious financial situation CiS a result of the activities of both Defendants. 59. Plaintiff, through her attorneys, has repeatedly asked Defendant Verdean Wolfe to return her property and 1he proceeds obtained therefrom, but Defendant has without justification repeatedly refused to do so, thereby causing Plaintiff immediate and irreparable harm, which harm will continue unless Defendant's actions are enjoined and for which there is no adequate remedy at law, 8 COUNTI: FRAUD AGAIN~T VERDEAN WOLFE 60, Paragraphs 1 through 59 of Plaintiff's complaint are incorporated herein by reference thereto. 61, As a result of the familial relationship between Plaintiff and Defendant Verdean Wolfe, Plaintiff placed her utmost trust in Defendant Verdean Wolfe to care for her financial well being in the event that she was unable to act in her own best interest. 62, By false information and deceptive manipulation of this trust, Defendant Verdean Wolfe was able to induce Plaintiff to: A) place her entire life savings in joint CD's with Defendant Verdean Wolfe and his brother, Kenneth B. Wolfe, B) execute a power of attorney naming Defendant Verdean Wolfe as power of attorney and C) grant Defendant Verdean Wolfe deputy power over her safety deposit box, giving him unfettered access to over $168,000,00 of Plaintiffs property. 63, Specifically, Defendant Verdean Wolfe knowingly, deceitfully and fraudulently misrepresented to Plaintiff 1hat his control over Plaintiff's finances und real property was solely for Plaintiff's benefit should she become incapacitated and was necessary for liquidation upon Plaintiffs death, 64, fraudulent Defendant Verdean Wolfe intended Plaintiff to rely on his deceitful and misrepresentations, and she did in fact rely thereon, 65, As a direct and proximate result of Defendant Verdean Wolfe's fraudulent and deceitful actions, Plaintiff has suffered and will continue to suffer immediate and irreparable harm, which harm will continue and cannot be adequately remedied at law, 9 66. As a result of Defendan1 Verde an Wolfe's giving of false and deceitful information to Plaintiff and his deceptive manipulation of Plaintiff, Plaintiff suffered damages In excess of $168,000.00, 67. By exploiting the familial relationship and trust that existed between Plaintiff and Defendant Verdean Wolfe in order to gain access to Plaintiff's life savings, Defendant Verdean Wolfe acted willfully, intentionally, deliberately and fraudulently, with such evil motive and wanton disregard for Plaintiff's well being that an award of punitive damages is justified. 68. Defendant Verdean Wolfe's actions were also in bad faith, justifying an award of allorney's fees pursuant to 42 Pa. C.S.A. 92503 (9). WHEREFORE Plaintiff demands Judgment against Defendant Verdean Wolfe in excess of $168,000,00 in compensatory damages, plus punitive damages, interest, costs and allorney's fees, and that the Court enter injunctive relief, preliminary until final hearing and permanently thereafter providing as follows: (a) Enjoining Defendants from withdrawing, spending or in any way using the proceeds of Plaintiff's CD's or passbook savings account; (b) Ordering an accounting for all funds or other assets of Plaintiff obtained by Defendants; (c) Ordering Defendants to make Plaintiff whole for all sums misappropriated by Defendants; 10 (d) Ordering that Defendants re1urn 10 Plaintiff all of Plaintiff's property in their possession and con1rol, including, but not limited 10 her life insurance policy and her two deeds; and (e) Such other relief as the Court may deem appropriate, COUNT II: CONVERSION AGAINST VERDEAN WOLFE 69. Paragraphs 1 through 68 of Plaintiff's complaint are incorporated herein by reference thereto. 70, At all times prior 10 Defendant Verdean Wolfe's removal of Plaintiffs CD's, life insurance policy and deeds from her PNC safety deposit box, Plaintiff was the lawful possessor of this property, 71. On August 30, 1997, Defendant Verdean Wolfe wrongfully, intentionally and wl1hout lawful justification removed Plaintiff's property from her safety deposit box and exercised unreasonable dominion and control over this property to the exclusion of 1he Plaintiff and breached his fiduciary duty to Plaintiff by: A) cashing Plaintiffs twelve CD's and depositing the proceeds into bank accounts in his and his wife's name, B) retaining possession of Plaintiffs insurance policy and deeds to her real property and C) refusing to return Plaintiff's property despite Plaintiff's and Plaintiff's allorneys' insistence that said property be returned. 72. On August 30, 1997, Defendant Verdean Wolfe wrongfully, intentionally and without lawful justification closed out Plaintiff's Harris Savings Bank Passbook Savings Account and deposited 1he funds into bank accounts in his and Laverne Wolfe's name. 11 73. Without said funds, Plaintiff will be unable to maintain her necessary residency and care at Manor Care Nursing Facility, or in the alternative, will be forced to sell her real property in order to maintain her necessary residence and care at Manor Care. 74. The Defendant Verdean Wolfe, on demand of 1he Plaintiff and Plaintiff's attorney refused to deliver Plaintiff's property to Plaintiff and continues to refuse to do so. 75. As a direct and proximate result of Defendant's actions, Plaintiff has suffered and continues to suffer immediate and irreparable harm, which harm will continue and cannot be adequately remedied at law, 76. As a result of Defendant Verdean Wolfe's unlawful conversion of Plaintiff's property to hi!) own and his wife's separate use and control, Plaintiff has suffered damages in excess of $168,000.00. 77, By exploiting the familial relationship and trust that existed between Plaintiff and Defendant Verdean Wolfe in order to convert Plaintiff's entire life savings, Defendant Verdean Wolfe acted intentionally, deliberately, deceitfully and fraudulently, with gross indifference to Plaintiffs righ1s and wi1h such an evil motive that an award of punitive damages is justified. 78. Defendants Verdean Wolfe's actions were in bad faith justifying an award of attorney's fees pursuant to 42 Pa, C,S.A. 92503 (9). WHEREFORE Plaintiff demands judgment against Defendant Verdean Wolfe in excess of $168,000.00 in compensatory damages, plus punitive damages, interest, 12 costs and attorney's fees, and that 1he Court enter injunctive relief, preliminary until final hearing and permanently 1hereafter providing as follows: (a) Enjoining Defendants from withdrawing, spending or in any way using the proceeds of Plaintiffs CD's or passbook savings account; (b) Ordering an accounting for all funds or olher assets of Plaintiff obtained by Defendants; (c) Ordering Defendants 10 make Plaintiff whole for all sums misappropriated by Defandants; (d) Ordering that Defendants return to Plaintiff all of Plaintiffs property in their possession and control, including, but not limited to her life insurance policy and her two deeds; and (e) Such other relief as the Court may deem appropriate, COUNT III: BREACH OF FIDUCIARY DUTY AGAINST VERDEAN WOLFE 79, Paragraphs 1 through 78 of Plaintiffs complaint are incorporated herein by reference thereto, 80, By virtue of his relationship to Plaintiff, Defendant Verdean Wolfe owed a fiduciary duty to Plaintiff. 13 81. Plaintiff believes and therefor avers that Defendant Verdean Wolfe misappropriated and used for his own purposes funds belonging to Plaintiff and which were to be used solely in connection with the care and maintenance of Plaintiff. 82. Without the aforesaid funds, Plaintiff will be unable to maintain her necessary care and residency at Manor Care Nursing Facili1y, or in the alternative, will be forced 10 sell her real property in order 10m maintain her necessary residency and care at Manor Care. 83. As a direct and proximate result of Defendants' actions, Plaintiff has suffered and continues to suffer immediate and irreparable harm, which harm is likely to continue and cannot be adequately remedied at law. WHEREFORE Plaintiff demands judgment against Defendant Verdean Wolfe in excess of $168,000.00 in compensa10ry damages, plus punitive damages, interest, costs and allorney's fees, and 1hat the Court enter injunctive relief, preliminary until final hearing and permanently tllereafter providing as follows: (a) Enjoining Defendants from withdrawing, spending or in any way using the proceeds of Plaintiff's CD's or passbook savings account; (b) Ordering an accounting for all funds or other assets of Plaintiff obtained by Defendants; (c) Ordering Defendants to make Plaintiff whole for all sums misappropriated by Defendants; 14 (d) Ordering that Defendants return to Plaintiff all of Plaintiff's property in their possession and control, including, but not limited to her life insurance policy and her two deeds; and (e) Such other relief as the Court may deem appropriate. COUNT IV: TRESPASS TO CHAIIEbli AGAINST VERDEAN WOLFE and LAVERNE WOLFE 84. Paragraphs 1 through 83 of Plaintiff's complaint are incorporated herein by reference thereto. 85. Plaintiff's assets have been placed in joint accounts in the names of both Defendants, 86. By having their name on the accounts, Defendan1s continue to exercise dominion and control over Plaintiff's property. 87. This dominion and control is to the exclusion of any control Plaintiff would have been able to lawfully exercise had the property remained in Plaintiff's rightful possession, 88, Defendants have continued access to Plaintiff's property. 89, Defendants have failed to use this access 10 return Plaintiff's property to Plaintiff; in fact, Defendants have actually used this access to fraudulently convert all of Plaintiff's life's savings to their own sole and separate use and control. 15 90, As a direct and proximate result of Defendants' actions, Plaintiff has suffered and continues to suffer immediate and irreparable harm, which harm will continue and cannot be adequately remedied at law. 91. As a result of Defendants interference with Plaintiff's property, Plaintiff suffered damages in excess of $168,000,00. 92, Defendants intentional, deceitful and fraudulent interference with Plaintiffs property rights was undertaken with gross indifference to Plaintiffs well being and with such an evil motive that an award of punitive damages is justified, 93. Defendants intentional interference with Plaintiffs property rights was undertaken with bad faith justifying an award of attorney's fees pursuant to 42 Pa, C,S.A, ~2503 (9), WHEREFORE Plaintiff demands judgment against Defendant Verdean Wolfe in excess cf $168,000.00 in compensatory damages, plus punitive damages, interest, costs and attorney's fees, and that the Court enter injunctive relief, preliminary until final hearing and permanently thereafter providing as follows: (a) Enjoining Defendants from withdrawing, spending or in any way using the proceeds of Plaintiffs CD's or passbook savings account; (b) Ordering an accounting for all funds or other assets of Plaintiff obtained by Defendants; (c) Ordering Defendants to make Plaintiff whole for all sums misappropriated by Defendants; 16 (d) Ordering that Defendants return to Plaintiff all of Plaintiff's property in their possession and control, including, but no1limited to her life insurance policy and her two deeds; and (e) Such other relief as the Court may deem appropria1e, October Z 7 ,1997 17 VI!RIFICATION The averments of the foregoing complaint are true and correct to the best of my knowledge, information and belief, I understand that false statements made herein are subject to the penalties of 1 e Pa,C.S.A. 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I '_,,'i:':"+/-;"~liry.. . ..;, C"''''''' i , . ;.-. ~51 ',' . t I B........IBIT "0" , i .ear...,..';"',.-. 2 lor __ 1 .CampIOlo _ :s. ... .., 4ll. I .___..,_an........oI................-....... -..- ._........ .._....~, 01 an" _'__1lClI . .e::.-_"-1Ioqo M'"an"~_"__, ti .ThoAolum~.._Io_..___..,..._ 8 - I 3. MIel. AddtlMMd to: \J f..R.,J)f ~ tV I?J I 6eD A1JL 7,1/,S"BUYC";:' I) A 152 'Z'J 5. _ edB ,(P/fll!..~. -;lA /... ~ ~~ I 8. 51 : (AddreaH or AQenI) .. X PS Fonn3811, December 11194 IIIeo willi III rec:eM .. IoIowIng ..NIcN (for .... 1.".11I): " C Addr_'~ t . lSl. RIS1lIctId 0IIlvery j CorIIUt poefmu1lr for III. J 41Zturmer (j r; Ii t./ 4b, S.rvIcI Type ; D Reglltlred ~ed I D ExptNI Mall D IIlIUrId f D ReUn ~ lor IoIIR:toIldal D COD 7, DIll 01 DeII:<IfY 3-- -! 8, Addt_'1 ... ( and tHis paItJ) WOLF. } I J '."1 HAROLD ., IRWlN. III JOY,. ZlflANCI '''.....LlOA&. LA W OFFICE. OF HAROLD S. IRWIN, m A TTORNEY.A r.tA W HITNER HOU8E. 8UITES 201 .nd 202 315 EA8T HIGH STREET CARU8LE. PENNSYLVANIA 17013 www.c...penn.comltlwln/ .1Mi/: irwln,.wo.plx,n.' 717.243-t01O - 717.243-1200 ........ March 25, 1997 VERDEAN WOLFE 131 JRD AVE PITTSBURGH PA 15229 RE: Stella Wolfe Power of Attorney Dear Mr. Wolfe: I wrottl to you on March II, 1997 regarding the revocation of the power of attorney previously granted to you. I a!Io requested the immediate return of all property in your possession and control which belongs to Mrs, Wolfe, I have a signed return receipt card indicating that you received my letter on March 17, 1997. I have left two phone messages with you since that time, attempting to speak with you about this, but you have not returned these calls, This letter is to advise you that if I have not heard from you in writing and have not received from you all such property by April 7, 1997, I will then recommend to Mrs. Wolfe that we contact the District Attorney in Pittsburgh to take appropriate action to secure the return of Mrs, Wolfe's property. ~s, Wolfe i. quite upset about this, so 1 sincerely hope this step will not be necessary, STnLA WOLfE C/O S.AJlA KVGUIl 4SUrAnRD wur PAIIlVIBW rA 17l11S " IknnisJ. Milkr, h'luir~ AII..rn~y III N... !HI~I~ ~7(HI ('llfl'.."'l~ Drive Suil~ 4411 I'illshurgh, I'<nnsylv"n;;, 1.~!,17 41!..lhq,II~71 STELLA E, WOLFE. by her attorney-in-fact, SARA (', KUGLER I:'>J TilE COURT OF COMMON PLEAS OF n'MBERLA:'>JD COUNTY, l'ENNSYl.VANIA Plaintiff, VS, CIVIL ACTION - EQUITY VERDEAN T. WOLfE and LA VERNE WOLfE. his wik Defendants. Nu. 97-5992 EQUIT't TERM ORDER OF COl'RT AND NOW, this &.'^ day of r-;o"'mbl'r. (997 upon Stipulation and Consent of the partit,s hereto it is hereby ORDER that: I. The injunction I "ll'l'l'd hI this Court on :-';u\l'lIlhl'r 17, 1997 IS hereby dissulved, , Ownership of till' ,,,.counls which l\'l'rl' Ihe SUbjl'l't of this Court's order dated November 17, 1997 shall Ill' as foll<lI\s: A. TIll' plairllilf shall han' cOlllpll'll' ownership and control over PNC Certifit-ate of D"p"sit. Account No, ,~150005526-l. in the principal amount of S 1:!5.000.00. plu; ,lilY al'l'umnlated interest whit-h has not been paid out to date: and . .' / " G: , , '" en rr,. t., ,. '. 'i') 1;11..1' "_ r.,'\ \,......,. . I' ,.. "..,'. B, III<' ddl'lId,'"b ,h"IIII.III' "'"111''''1'' OIIlIl'I,hip dlld <'0111101 <,1l'J' 1'\(' CI,rtilil'atl' 01 I>l'posil. i\<,<,OU 11 I No. ,1 U(J(J07,Ir.S~ alld I'N(, ('enilil'atl' 01 Deposit. i\<'l'llulll No. ~IOOIO~I~'),l, I'al'h in the principal H1110unt 01 S 10,000.00 lor an ;.ggregale lahll' 01 $~(J,(JOO.OO. .1. PNC flank Brandl ~7, North lIills Banking ('I'nter, R500 1'vkKnight Road, Pittsburgh, Pennsyllani.. I 'i~J7 shall hI' OIdl'rl.d 101akL' all sleps IWI'l'ssary III transfer or l'onfinn oWlwrship ollhl' l'ertilil'ales lisled in paragraph 111'0 (~) hereof. and Ihe partil's hl'reto agl'l'l' III ,.\"(,u,,. any dOl'UIIII'nts nl'l'eSsHl'Y to dlel'llhis transler. ~. All other issll<'s 1I11I<,h an' Ih",uhj,'<,1 ollhl' l'UIH'nl kgal iIl'lion, arc resolwd by the agreelllent 01 tlH' pdrlies and ea<,h shall excrull' a gl'neral release 01 the other whidl shall be himltng "1",ntheir I'l'SIll'I'till' heirs, eXel'lltors, powI'rs 01 attorneys or assigns. 5. The parties agn'l'lI1ent resolles thl' nl'l'essity 01 the ronsensual injunrtion entered in this mattl'r 011 :\01l'lI1he117. 1')1)7 and slll'h injun<,lion should be dissolved by Order 01 Courl to dfto.,tuate till' Il'rms 01 the agreement hetween the parties. , IlJl)7 - _j/~" r ~l't:,-,t' k.~ .. "...)l<L C...jlul' ' 4 Sll'Ila E. Wolft.. by ieI' attorney-i - la<,t. Sara C. l\ugll'J'. I'laintill r- % , , ~ Vcrdean T, Wolle. Ddenda ,1 I 00d ..)1 ,/ l.aVI'rl1l' Wolfe. I>dV dant . . . - ":. ............... '--- ~---"" % . - . ......... '. .. T.~ I. . SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1997-05932 P COMMONWEALTH OF PENNSYLYANIA, COUNTY OF CUMBERLAND WOLFE STELLA E ET AL YS. WOLFE VERDEAN T ET AL R. Thomas Kline . Sheriff, who to law. says, that he made a diligent search named defendant, to wit; WOLFE YERDEAN T being duly sworn according and inquiry for the within , but was unable to locate Him in his COUNTY bailiwick. He therefore County, Pennsylvania. deputized the sheriff of ALLEGHENY to serve the within COMPLAINT - EQUITY On December 1st. 1997 . this office was in the attached return from ALLEGHENY COUNTY t;ounty, receipt of Pennsylvania. Sheriff's Costs: Docketing Out of County Surcharge ALLEGHENY COUNTY NOTARY PUBLIC 18.00 9.00 2.00 47.00 6.~0 se~. 0 So answers; ,/ - ,/ t" --"",. /- -f' //';r' '. .f:; -/ /~,.. Hi Thomas Kl1ne, Sher1tt HAROLD IRWIN III 12/01/1997 Sworn and subscribed to before me this I...... day of ~..,~ f... 19 q, A. D. (:tr- ~'rJ~~~t~*J7 SHERIFF'S RETURN - OUT OF COUNTY CASE NOI 1997-05992 P COMMONWEALTH OF PENNSYLYANIAI COUNTY OF CUMBERLAND WOLFE STELLA E ET AL YS. WOLFE VERDEAN T ET AL R. Thomaa Kline . Sheriff, who being duly sworn according to law, aaya. that he made a diligent aearch and inquiry for the within named defendant. to witl WOLFE LAVERNE but waa unable to locate deputized the sheriff of to serve the within COMPLAINT Her in his bailiwick. He therefore ALLEGHENY - EQUITY COUNTY County, Pennsylvania. On December lat. 1997 the attached return from . this office was in receipt of ALLEGHENY COUNTY County, Pennsylvania. Sheriff's CostSI Docketing Out of County Surcharge So anaWlifS: 6.00 .00 2.00 (' ,::-:,;.,;. - ,. ,rY ~ /',;;.._/ R; Thomas K11ne, Sher1%% 58.00 HAROLD IRWIN III 12/01/1997 Sworn and subacribed to before me this )A.f day of "C",.. r~_ 19 Q",\ A. D. <-lr" Q ~i~ ^- V'1 ' I'ro onotlar 1.1 lllt" ,-UUIL Vl "-\.."llllllt;l\ 1 .\,....l.) 1,'& ~ UIIIU\,.\ a............ "_ '. ~....... .. .......~: a 'wl\\..J, Stella E.Wolfe. by her atturney- i.n-fact Sara C. Kugler \5. Verdean T. Wolfe ~o. 97-'\992 EQui ty Term 19_ Oct. 29, A 11 egheny 1 ~~2-.1 SHERlfF Of' Cl'MBERLA:'Ill COL"'ty, PA do bmby depurize lbe Sberiff of Coua~'lo ueeUle Ihls Wrll, lhis depur~doa beia~ m~de ~llbe request ~ad risk oflbe PI~inliff. r~..~t:~ SberiffofCumbed~Qd Couar:, P~. Affiduyit of Seryice , o'clock L~t. u:"'ed Ibl! UPOQ .t b~' bJndiD~ to :Htt5:ed tJP::: orthe Ori~iDJl . tru. aad and m;ldt k::l,Jwn to N .s~':'";J;"= &,JW i~ St) Jnn\'ers. r-:> . W\4-EI'i:"Li.(\ ~\I.."'\ "\::) Nolorial Saol Shalla A. O'BrIen. Nolary P"bloc .... PIt1Iburgh, Alle9heny Counly -, Commissfon e'p',es Ju,.a fQ 2tn Membe,. Pennsylvania A';~'irlt11';" ill n" jI," ~counr:,p., COSTS S .\lJr:1 J~.J s~:;~..::ib~.j before 19_ 5ER\'ICE~ < ;\IILL\GE Af'FID\\IT -- ce, :";'~l k;J ~vI ~ ~.~ ~ --- ~ tA)0 U~ \ ( ~IL()t20 I^- Lilllfe- DEFT. _ ADD, DEFT, ADD. DEFT, ~~~~~~:E~T1 l~WrL MUNIC~PA ITY WARp/CITY WARD 1 DATE: t{.(1 19_ PHONE: ALLEGAENY COUNTY SHERIFF'S DEPARTMENT ROOM 111 . COURTHOUSE PITTSBURGH, PA 15219 Phono: 3SO,47OO JOHN M. McNAMARA Chl., D.puty lUG ENE L,CQON Sheriff PLAINTIFF CASE ~I \1_1~ ___ .._ EXPIRES rJ SUMMONs/PRAECIPE [J COMPLAINT ONLY o NOTICE AND COMPLAINT o REVIVALJSCI FA to- rJ INTERROGATORIES o EXECUTION. LEVY U OARNISHEp., ' _ I7A )fJ OTHER-L- It- ATT'Y: -e~Jvriwtf)~ loq~ 1"' @O' -l"f INDICATE TYPE OF SERVICE: 0 PERSONAL 0 PERSON IN CHARGE 0 DEPUTIZE 0 CERT. MAIL 0 POSTED U OTHER [J LEVY [) SEIZED & STORE 19_ I, SHERIFF OF ALLEGHENY COUNTY, PA do hor.by d.pullll the Sh.nn 01 County 10 execute Ihle Writ and mak, r.turn thereo' IccOfdlng 10 law, NOTI: ONLY UPLICA8l1 ON WAIT ()If DICUTIOH: N.I. WAIVER 0' WATCH.....N. Any depU1y '"111" Itvying upon OIlnlChlng any property und., wlthln wnl may IMvI ..m. 'IIlI'lItw)ul . wllchman, In ClAlody 01 whgm-"/I' I, found In poIl.llon, art., noUr-,.ng p.llon of l..-y 0' enlCnmlnl. with oullability on lhl part of Iuc:h dlpU*y hi'." lor any lot., d..tIuc:t!on or r'rTIOYII of any tuth property balo" ,hln". Ill, thlreof, Now, SOlzo, lovy, advortloo and lall all tha parlonal proporty 01 tho dofondan' on tho proml... locatod at: MAKE MODEL MOTOR NUMBER SERIAL NUMBER LICENSE NUMBER I h.reby CERTIFY and RETURN thai on 1M l 2.. 1~ SHERIFF'S OFFICE USE ONLY ~~ oJ~u~~~ O'CIol;@P,M. Add'.. A~tt'Add,... Below, County or AlIlQh.ny. P'M.y~.nil 11 II I MY. ulVld in th. mannlf Ottcrlbld below: D D".ndant(.) pttlOnally UlVtd. o Adu. family m,mbe' wilh whom .-d Otf'ndlnl(') ,..ld'fa). N.m, I A,llIlOl1ltip o Adu. In chltg. of o.f,nd.nr. ,..ld,ne' who ,.rUlId 10 giv. nam, 0' r,l.tlol\lhlp. o MInIg.r/C'tt. or pllC' 01 lodging In wtich Del.nd.nt(.) r.id.(.). o Ag'l\l or p.~n in ch.rg. or Del.nd.ntla) Gnu or UlUaJ pllC' 01 bu.lnn.. D Olt~r f) / o P"'Plrty POOl'" / D.F,nd.nl not round blC.UI.: 0 Moved M UnkttfNln 0 No AnN.r a Vac:lnl o C.rtlllld Mail 0 Aec'lpt 0 Env.lope A.h.,lIned o A.gul.r Mejl wny. o Olhe, o Neith.r ReceiPI Of .tW.lop. returned: wnl 'JP,.,t You are hereby noUlled that on Sale has been set tor 19_ levy was made In the case 01 , 19 , at _ o'clock, ATTEMPTS ~~ '2. 4 \'1'}1 I / Yellow. Sheriff , COON, Shwlff \ Ol,1t1;J1 SOill ShAlla O'A'llln r-Jola1Y Public Plfl5butfJtl ^!I"Qhf;!;lV l.Olmlv My Comm,s,\'(\f' \. .(1"".; h'''/I ''1 :'11'10 Mllnlber. P~rHl~,;,I\ ,~;: .. ,.::il:. ---':rl':' ,III!" ~ (ry.j,.u.;... ~~YOEPAATt1EtlT Whlll Copy . She,11I Pink Copy. Atlom.y aUGENE L.oboN Sheri" ALLEGFlENY COUNTY SHERIFF'S DEPARTMENT ROOM 111 ' COURTHOUSE PITTSBURGH, PA 15219 Phon.: 350,4100 JOHN M, McNAMARA Chle' Deputy . I . , lo } IC . {'f., I, I .I (Uf.) . !,,:-( (-- I I /1 / - - j, \' / CASE .__'-____ --------- --- -- EXPIRES o SUMMONS/PRAECIPE o COMPLAINT ONL V o NOTICE ANa COMPLAINT o REVIVAUSCI FA o INTERROGATORIES o EXECUTION. LEVY o GARNISHEp I o OTHER : i I f_ , ~. / I{'/(( PLAINTIFF DEFT___ ; ADD, DEFT,_ ADD, DEFT._ GARNISHEE ADDRESS . ,VS. " " 1.. ',~ : I '..- -- l",...._ MUNICIPALITY WARp/CITY WARO DATE:_~'II "'J PHONE: ,.f I i(fl-t , I t ,'! I' ,'. ( t'i I'e 19_ ATT'V: , INDICATE TYPE OF SERVICE: lJ PERSONAL [] PERSON IN CHARGE [] DEPUTIZE 0 CERT, MAIL 0 POSTED 0 OTHER [J LEVY [) SEIZED' STORE Now. 19~ I, SHERIFF OF ALLEGHENY COUNTY, PA do hereby deputize Ihe Shorllt of County to execute this Writ and make return thereo' according to law. NOTI: ONLY APP\.ICAaLI ON WAIT OP' lXeCUTlo..: N... WAlVI" 0' WATCHMAN. Any deputy tn,riff levying upon 01 ,nIChing any prop,try unde' Within writ may love .ame without. wllchlT'lln, in CUllody of whom.", I, found In poIl.Ilon, aft.,. notifylng pll'lOn 01 'IVY or eUechmetll.. WIth out lability on the plrt 01 luch deputy her"" lor ,ny 10... d..ttuclion or f,n\C7IIe' of any a!.oCh property belore ,hltHr, ,ale thereof, Seiz.. levy, advertlee and .ell ell Ihe personal prop.rty ollhe defendanl on the premiees localed al: " :r MAKE MODEL MOTOR NUMBER SERIAL NUMBER I:tCENSE NUMBER I h"eby C~RTIFY and RETURN that on I!JI ~ t"2- l_-=> SHERIFF'S OFFICE USE ONLY i'.J <::oJ 'r' a.yor O'CIotI(~~)P..... Add'.. AboY"Add,... B.Ic;M, County of AlllIQheny, Plnn.y~ani. \, , ,J .. (.t-.."<. el I hlvl ..Ned in th, mlMIt OIlCribed bebW: " o O.tlndlllt(l. pet'SOnrJty ..rved. a Adull family member with whom Hid Olflndlnt(.) ,_d.(,.. Name. RelahOf1lhip o Adu' in chlrge 0' Oet.ndanl', r.iderl:l wha 'e'uted to give name 0' telllion,hip. o ManagetlC1etll or pl~e 01 lodging in which Delonetanl(l) ,..idl(a). o Aglnt or Pl11O" in charge 01 Oefendlnlll) O'iCI 0' UlUal placl 01 bUliMl' o Olhe, ~ o Property POlled Olrlrldanl no! found bIClUlI: 0 Moved o CI1tl"ed ....il 0 Recllpt o Regullt U~I Why. , ['j UnknoWn 0 No Anew.' o Envebpe RIllJl'ned a Vecant DQther o Neither Rtelipl Of 'IWI~ 'Iturned; writ upi,td You are hereby noUlIed that on Sale has been set lor Add, cost due $ ATTEMPTS I' -' " \ . r ' ~t' J ,"'.J., 19_, levy was made In the case of , 19_ al _ o'clock. ---1 /1"( ~ I}r:~.. " EUGENE L. COON, Sheriff -~--- ....--. ''''~'~{-{-''' \/. ~ .-,.'\.. By - 'JERRv't. HANLOlt-. I,' LFGH[N~ CO Sl.' p; L c,; otPARTHENT Di~lrlcl While Copy. Sheriff '(Bilow. Sheriff Pink Copv . Altomoy STELLA ~LFE' by b"~'~ THE COOHT OF COKHON PLEAS OP attorney-in-fact, SARA C. 'CUMBERLAND COUNTY, PENNSYLVANIA KUGLER : V. VERDEAN T. WOLFE and LAVERNE WOLFE, his wife NO. 97-5992 EQUITY TERM CIVIL ACTION - EQUITY ORDER OF COURT AND NOW, this Jrd day of NOVEMBER, 1997, in consideration of the Plaintiff's verified complaint in equity and petition for a preliminary injunction, and on motion of Plaintiff's attorney, Harold S. Irwin, III, Esquire, it appearing to this Court that immediate and irreparable harm will be sustained by the Plaintiff before a hearing can be held, it is hereby ordered and decreed as follows: That Defendants Verdean Wolfe and Laverne Wolfe and all persons acting in concert with them, be and are hereby enjoined and prohibited from withdrawing, spending or utilizing any of the proceeds from the liquidation of Plaintiff's certificates of deposits or passbook savings account on deposit at PNC Bank or elsewhere; That pursuant to Pa.R.C.P. No. l5Jl(d), a hearing pertaining to the continuance of this preliminary injunction shall be held on Friday, November 7, 1997, at 9:00 a.m. in Courtroom. I, Cumberland County Courthouse, Carlisle, Pennsylvania. Further, a rule is hereby flntered upon the Defendants to show cause, at the above date and time, why this preliminary injunction should not be maintained. This order is conditioned up~n Plaintiff's filing with the Prothonotary $1.00 as per Pa. Rule of Civil Procedure 15Jl(b)(2). Service of this petition and Order shall be by personal service. By the Court, w:; ...., "~;":,,,:,,,:;..:...( i:-:'! \':;:-f.. I' " " C':,"; :.. .::';.; .\i.D C,_,::,~':T ;, .; .. .J I~I ..~ ~.-\~.;. . ---.",'" '0 II ,- .1 I, ' u\.,. Ul. <(<( III f,o,lZ ~ ... .... ... :::: >-1Z F u .... I': .., Q.~~WJ" ttl '.... ttl .... ~ '" E-< ~. . .... ... 'tJ ~ Z H " f,o,ll I': f,o,l I': ~3t wi o .::> >-15 r... I': 1>:..... r... f,o,lQJ >-1,....f,o,l ttl -.1 ~.... ~~ g;gj" 01>-1..... ~ >-1QJ ~ ~~ Ii 02: I 3: >. t,;l '" 00 Ill.... u::> Z I>: QJ::> 3: ...., ~); 00 f,o,l 'I': :.: .'tJ );. ~C/) r...u H1~ f,o,l ~ Cll E-<I':f,o,l c.;~ ~~ ...~ 0 . :> ttlZ ,\" o E-< c 3t Cl It l;;~ " ~ OUt 0 5tu ~ I>: ~ ~ t::~ E-<Z <('" C<l ,q.... ll:<( t;jttl~ :> (SO{ IUQj ::>>-1 >-1 0 5 01>: HI E-<~<( I>: Cl:: :qa! Uf,o,l :>,.... Cl)QJUl g! ~ alHC'> J:: (J f,o,l~ U 0::::> . >, E-<U 0 .Q Z Z~ H . . .... ----~~... . .. LAW OfF;,. ,':: II rl~-{)I!) ,. INn /\ ~" . , . . ". ' :" I, " . , . . up ~ -. ~._..~-- ~ - .._ I~ - [Ii ~ . --. .. .. HAIIOLD I, IIIWIN, m, I.QUIIlI ATTOIINIT ID NO. JIll. U O'T HIIIH .TIIIIT eAIILI.LI 'A 17111 t111) IoU .... ATTOIINIT '011 PLAINTIf' ITILLA I. WOLFI, by h.r Ittom.y.tn.feet, lARA C. KUGLIR Plllntlff I IN THE COURT OF COMMON PLlAI OF I CUMBIIUAND COUNTY PINNIYLVANIA VS. I CIVIL ACTION - EQUITY : (~v <"1 : NO. 17 - S"7? l., CIVIL TERM VERDEAN T. WOLFE and LAVIRNE WOLFE, hi. wlf. D.f.ndlnt. ORDER AND NOW, this 29'" day of October, 1997, in consideration of the Plaintiff's verified complaint in equity and petition for a preliminary injunction, and on motion of Plaintiff's attorney, Harold S, Irwin, III, Esquire, it appearing to this Court that immediate and irreparable harm will be sustained by the Plaintiff before a hearing can be held, it Is hereby ordered and decreed as follows: That Defendants Verdean Wolfe and Laverne Wolfe and all persons acting In concert with them, be and are hereby enjoined and prohibited from withdrawing, spending or utilizing any of the proceeds from the liquidation of Plaintiff's certificates of deposits or passbook savings account on deposit at PNC Bank or elsewhere; . TM~t PNe BClII" ;! plonibitgq frnm oermitting ttle \.. it"dra~61 VI d;"t. ibuliurJ uf dlly ~!from a,'y itCOwnts noUl helg ~y g8f8rlg':l..,t~ with its in~titllti"\f'''; lL..J That pursuant to Pa. R.C,P, No, 1531(d), a hearing pertaining to the continuance of this preliminary injunction shall be held on Not/ ? -' , 1997 at z: (m .o,m, , in Courtroom No, I, Cumberland Coun1y Courthouse, Carlisle, Pennsylvania, FURTHER, a rule is hereby entered upon the Defendants to show cause, at the above date and time, why this preliminary injunction should not be maintained, ..,./. Cf'?) This order is conditioned upon Plaintiffs filing with the Prothonotary a'" flpprQued Q s 1Avt- ~~ ;::~<..... OJ ('~..,"I /h,)(~~<]~.c- IS.1I (t)(Z). , bO'ld III [JIg .!II I ,6t1Rt af $ Service of this petition and Order shall be by personal service, By the Court, t:I tb1ff)d c, S7~_ Po J. TRUE COpy FROM RECORD In T estmlOny whereof, I herB ullUlIII my hind and tho seal of said Coull ~t Carlisle. rhis :+:J.jJ.) day ot~_\:., 19 , ,\) ~ Protllonotlry . << HAAOLD I. IAWIN, III, IIQUIA. ATTOIlN.., ID NO. 2112. U "IT HIQH ITAIIT CAALIILa 'A Hln (711) 24J .... ATTOANa., '011 'LAIN'll" STILLA I. WOLFE, by her attorney.ln.fact, SAltA C. KUGLER PI.lntlff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA VI. : CIVIL ACTION. EQUITY : {(,.u. , n., : NO. 97 - 5"/? t::' c:ML TER~ VEIIDEAN T. WOLFE .nd LAVIRNB WOLFE, hll wife Defend.nts PI!TITION FOR PRELIMINARY INJUNCTION WITHOUT PRIOR WRITTEN NOTICE AND HEARING Plaintiff Stella E. Wolfe, by her attorney-in-fact, Sara C. Kugler and her attorney, Harold S. Irwin, III, Esquire, petitions this Court to enter a preliminary injunction pursuant to Pa. R.C.P. No. 1531, representing as follows: 1, Plaintiff has filed a verified complaint in equity, attached as Exhibit "A" and incorporated herein by reference thereto, alleging inter alia, that pursuant to a deputy power over Plaintiff's safety deposit box, Defendant Verdean Wolfe entered the box on August 30, 1997 without Plaintiffs knowledge or permission, and removed Plaintiff's certificates of deposit, life insurance policies and deeds to Plaintiff's real property, 2. Plaintiff's complaint further avers that Defendant Verdean Wolfe then liquidated said CD's and closed Plaintiffs Passbook savings account and secretly deposited the proceeds in accounts which Defendant Verdean Wolfe and Defendant . Laverne Wolfe opened with PNC Bank, and also avers that such funds total $140,621,,42, of which $1,928,81 consisted of penalties paid by Defendant Verdean Wolfe for early liquidation of the certificates, 3, Plaintiff's complaint requests, inter alia, that this Court enjoin Defendants Verdean Wolfe and Laverne Wolfe from spending or utilizing any of the funds that the Defendants have on deposit with the Bank, 4. Defendants should not be permitted to spend or utilize any of the funds which they presently have on deposit at PNC Bank until such time as a hearing is held and this Court finally determines the respective rights of each party named herein, for the fOllowing reasons: A. Plaintiff is threatened with immediate and irreparable harm because Defandants, who have unconditional access and control of the funds on deposit in Defendants' accounts at PNC Bank, will continue to dissipate and convert Plaintiffs proceeds if Defendants are permitted to utilize and spend any of the funds on deposit with PNC Bank, B. Immediate and irreparable harm will be sustained by the Plaintiff before a hearing can be held, as the Defendants, upon service of the complaint in equity against them are likely to remove Plaintiff's property from its present location at PNC Bank, converting said property to cash, and dissipate Plaintiffs property. C, Plaintiff has reported this matter to the Cumberland County District Attorney and Camp Hill Police Department. Sergeant Michael L. Hope, of the Camp Hill Police Department, in the process of his investigation of this matter for possible criminal prosecution, is about to travel to Pittsburgh to obtain a , statement from Defendant'il, It is Sergeant Hope's opinion that Defendants may withdraw these funds and that upon dOing so, it may be difficult 10 recover them, causing irreparable harm to 1he Plaintiff By letter dated October 23, 1997, a copy of which is attached hereto as Exhibit 'B', Sergeant Hope has requested Plaintiff request this Court to 'place a hold on (Defendant's] account with PNC Bank', since 1his cannot be handled by the criminal system without criminal charges being filed and the District Attorney is continuing this investigation prior to filing such charges. D. Immediate and irreparable harm will be sus1ained by the Plaintiff as the result of Defendants' actions as Plaintiffs ability to continue to remain at Manor Care Nursing Home is seriously jeopardized since her Medicare benefils are insufficient to cover 1he expenses of her slay at Manor Care and Defendant's have appropriated to their own use and control the substantial majority of Plaintiff's personal funds and life savings without her l<nowledge, permission or consent. E. Nevertheless, as a result of Defendants' actions, Plaintiff is currently ineligible to apply for Medicaid benefits due to the inappropriate and fraudulent transfer of her asse1s from herself to Defendants, F, Notice upon the Defendants has not been attempted liS Plaintiffs attorney believes that such notice will result in Defendants immediate withdrawal of Plaintiffs property from Defendants' accounts at PNC Bank and immediate dissipation of Plaintiffs property. 5. Plaintiff recognizes that under Pa, R.C.P, No. 1531 a bond is required to be posted before an injunction will be issued against the Defendants, the amount of which is at the discretion of this Court, I 6, Plaintiff requests that this Court to take into consideration the circumstances of this case, the fact thai Plaintiff's finances remain in 1he control of the Defendants and the serious and irreparable harm that may come to Plaintiff if Defendan1s are not enjoined as requested herein. 7. On the other hand, Plaintiff believes and therefor avers 1hat though she knows the allegations of her complaint and this petition to be totally with merit, if upon final hearing the Court finds them to ue without merit, no harm will have r.ome to Defendants by virtue of the granting of this preliminary injunction as Plaintiff seeks only to "freeze' those assets held by Defendants that Defendants appropriated from her without her knowledge or permission and maintain the sta1us quo pending a final hearing, 8, Accordingly, Plaintiff requests that this Court require Plaintiff to post only a minimum bond amount, not to exceed $5,000.00, WHEREFORE, Plaintiff requests, pursuant to Pa, R.C.P, No, 1531(a), that a preliminary injunction be granted by this Court forthwith, prior to notice and a hearing, in order to preserve the status quo until such time as this Court finally determines the rights of each party by: A, Enjoining Defendants form spending or utilizing any proceeds from the liquidation of Plaintiffs certificates of deposit or Passbook savings account on deposit with PNC Bank or elsewhere; B. Directing that PNC Bank "freeze" such assets as are identified in the complaint attached hereto as Exhibit "A" and not permit any withdrawals or conversion of said assets by Defendants; and 4 C, Scheduling and holding a timely hearing, pursuant to Pa, R. C, p, 1531(d), pertaining to the continu!3nce of such preliminary objection; D, Issuing a Rule upon Defendants to show cause why this preliminary injunction should not be maintained; E, Directing Plaintiff to post a bond with the Prothonotary in an amount not to exceed $5,000,00; and F, Such other relief as the Court may deem appropriate, October Z 7 .1997 HAROLD S. IRWI , II Attorney for the Plain . VI!RIFICATION The averments of the foregoing petition are true and correct to the best of my knowledge, information and belief, I understand that false statements made herein are subject to the penalties of 18 Pa.C,SA Section 4094, relating to unsworn falsification to authorities. October 1:11997 l~UV [!, ~Ilj SARA C. KUGLER, Attorney-In-fact for Plaintiff Stella E. Wolfe . IT.LLA .. WOU., Ity ..., .ttomolr-In-f..t, lARA C. KUGL." ,..Intlff I IN TN. COU"T O' COMMON 'L.AS O' I CUM....LAHD COUNTY ..NNIYLVAHIA I I CUM.S"LAND COUNTY ..NNIYLVAHIA I CIVIL ACTION - LAW I I NO. 17 . VI. VSRDSAN T. WOLFS ...d LAVSRNS WOLFS, III. wi'. Do'.nd.nt. CIVIL TERM I I JURY TRIAL DEMANDED COMPLAIN..! Now comes the Plaintiff, Stella E, Wolfe, by her attorney-in-fact, Sara C. Kugler, and her attorney, Harold S, Irwin, III, Esquire, and files this complaint against the Defendants, Verdean T. Wolfe and Laverne Wolfe, his wife, representing as follows: 1. The Plaintiff, Stella E. Wolfe, is an adult individual residing at Manor Care Nursing Home, 1700 Market Street, Camp Hill, Cumberland County, Pennsylvania 17055, 2. The Defendants, Verdean Wolfe and Laverne Wolfe, his wife, are adult individuals residing at 131 Third Avenue, Pittsburgh, Allegheny County, Pennsylvania, 15229, 3, The Defendant Verdean Wolfe, is the nephew of the Plaintiff. 4. Sara Kugler is a unrelated third party acting on behalf of Plaintiff, pursuant to a power of attorney executed on March 17, 1997, A copy of the power of 12. At the time, Plaintiff believed she was executing a document that would only allow Defendant Verdean Wolfe to add his name to her deeds and that this was necessary in order to allow for 1he properties to be liquidated on her death. 13. At the time of the e'(ecution of the above document, Plaintiff did not intend to make a gift of any of her property to Defendant Verdean Wolfe. 14. In fact, Defendant Verdean Wolfe's name was never added to the deeds, 15. Plaintiff now believes and therefore avers that the document which Defendant Verdean Wolfe actually presented to her for signature and which she signed was a general power of attorney, naming Defendant Verdean Wolfe as power of attorney for her, 16, On July 21, 1995, Plaintiff signed herself out of the Manor Care Nursing Home and returned to her residence at in West Fairview Township, 17, While at home, Plaintiff was again visited by 1he Defendants. 18, During this visit, Defendant Verdean Wolfe took Plaintiff to PNC Bank In Enola, Pennsylvania, 19. While at the Bank, Defendant Verdean Wolfe suggested that Plaintiff appoint him deputy to her safety deposit box with the understanding that he would have access to the box only in the event of Plaintiff's incapacitation or death, 20. Relying on Defendant Verdean Wolfe's representations Plaintiff's gave her permission for him to be appointed deputy to her safety deposit box. 3 21, Defendant Verdean Wolfe was then given a second key to Plaintiffs safety deposit box. 22, Defendant Verdean Wolfe still possesses this second key, 23, By delivering 1his key to her safety deposit box to Defendant Verdean Wolfe, Plaintiff did not intend to make a gift of the contents to him, 24, At the time of Defendant Verdean Wolfe's deputation, Plaintiff's safety deposit box contained the substantial majority of Plaintiff's life savings, comprised of twelve (12) certificates of deposit (CD's), two (2) from PNC Bank and ten (10) from Harris Savings Bank, totaling $164, 397.59, 25. At the time of Defendant Verdean Wolfe's deputation, Plaintiffs safety deposit box also contained two (2) life insurance policies, one insuring the life of Plaintiff and naming Defendant Verdean Wolfe as beneficiary and a second belonging to Verdean Wolfe naming Plaintiff as beneficiary, 26. Plaintiff's Safety deposit box also contained two deeds to Plaintiff's real property. 27, Each of the twelve (12) CD'S was a JoinUOr account, meaning that either of the signatories could cash the CD's without the other being present. 28. Nine (9) of these CD's were in 1he names of Plaintiff and Defendant Verdean Wolfe, 29, The remaining three (3) CD's were held in the names of Plaintiff and Defendant Verdean Wolfe's brother, Kenneth B, Wolfe, 4 30, The CD's were held in joint names at the insistence of the Defendant Verdean Wolfe, 31. Specifically, Defendant Verdean Wolfe told Plainliff, falsely and with the intent to deceive Plaintiff, that if Defendant Verdean Wolfe and his brother, Kenneth Wolfe, did not have their names on the CD's, the money would "go to the slate" when Plaintiff died, 32. Relying on Defendant Verdean Wolfe's false and deceitful misrepretentations, Plaintiff had Defendant Verdean Wolfe's name added to nine of Plaintiff's CD's, 33. Relying on Defendant Verdean Wolfe's false and deceitful misrepresentations, Plaintiff had Kenneth Wolfe's name added to three of Plaintiffs CD's, 34, Defendant Verdean Wolfe never had 1he Plaintiff's permission to cash the CD's for his own use or for any use olher 1han 1he care, maintenance and support of the Plaintiff, 35. Plaintiff never intended to make an intervivos gift of the CD's, or any share thereof, to Defendant Verdean Wolfe, Defendant's spouse, Laverne Wolfe, or Defendant's brother, Kenneth 8, Wolfe, 36, On August 30, 1996, using his authority as deputy and in breach of his fiduciary duty to Plaintiff, Defendant Verdean Wolfe entered Plaintiff's safely deposit box and removed its entire contents, including Plaintiff's CD's, life insurance policies and deeds. 5 46 Specifically, is was not until Sara C. Kugler attempted to liquidate Plaintiff's estate for the benefit of Plaintiff, that she discovered that nine (9) of Plaintiff's CD's had been cashed by Defendant Verdean Wolfe, 47. It was also around this time that Sara C. Kugler discovered that one of Plaintiff's CD's had apparently been cashed by Defendant Verdean Wolfe in April of 1996, with Defendant acquiring proceeds totaling $10,000.00. 48, On March 11, 1997, a copy of the new power of attorney, accompanied by a letter from Plaintiff's attorney, was sent to Defendant Verdean Wolfe demanding the return of the contents of Plaintiffs safety deposit box, including the proceeds of Plaintiff's CD's, her life insurance policy and her deeds, A copy of the letter is attached as Plaintiff's Exhibit "C" and incorporated herein by reference thereto. 49, Plaintiff received no response from Defendant Verdean Wolfe, 50. On March 17, 1997, Plaintiff executed a second power of attorney naming Sara C, Kugler as power of attorney, A copy of current power of attorney is attached as Plaintiff's Exhibit "A" and Incorporated herein by reference thereto. 51, A second letter was sent to Defendant Verdean Wolfe on March 25,1997, again demanding that he return Plaintiff's property, and again no response was forthcoming, A copy of this letter is attached as Plaintiff's Exhibit "D" and incorporated herein by reference thereto. 52, To date, neither Defendant has returned Plaintiff's property nor have they offered an explanation why it was taken from Plaintiff's lawful possession. 7 53, Plaintiff Is currently a resident at Manor Care Nursing Home in Camp Hill, Pennsylvania, 54, Plaintiff's currently monthly expenses for her room and care at Manor Care Nursing Home exceed $4,000 a month. 55. As a result of Defendants' actions, Plaintiff's ability to continue to remain at Manor Care Nursing Home is seriously jeopardized, as her Medicare benefits are insufficient to cover the expenses of her stay at Manor Care and Defendant's have appropriated to their own use and control the substantial majority of Plaintiff's personal funds and life savings without her knowledge, permission or consent. ('6, Nevertheless, as a result of Defendants' actions, Plaintiff is currently ineligible to apply for Medicaid benefits due to the inappropriate and fraudulent transfer of her assets from herself to Defendants, 57, Through her power of attorney, Plaintiff was able to liquidate her life insurarice policy, despite Defendant Verdean Wolfe invasion of her safety deposit box and retention of the policy against Plaintiff's wishes, 58 Despite this liquidation, Plaintiff remains in a precarious financial situation as a result of the activities of both Defendants, 59, Plaintiff, through her attorneys, has repeatedly asked Defendant Verdean Wolfe to return her property and the proceeds obtained therefrom, but Defendant has without justification repeatedly refused to do so, thereby caUSing Plaintiff immediate and irreparable harm, which harm will continue unless Defendant's actions are enjoined and for which there is no adequate remedy at law, 8 COUNT I : EBAUD AGAINST VeRD~N WOLFE 60. Paragraphs 1 through 59 of Plaintiff's complaint are incorporated herein by reference thereto. 61, As a result of the familial relationship between Plaintiff and Defendant Verdean Wolfe, Plaintiff placed her utmost trust in Defendant Verdean Wolfe to care for her financial well being in the event that she was unable to act in her own best interest. 62. By false information and deceptive manipulation of this trust, Defendant Verdean Wolfe was able to induce Plaintiff to: A) place her entire life savings in joint CD's with Defendant Verdean Wolfe and his brother, Kenneth B. Wolfe, B) execute a power of attorney naming Defendant Verdean Wolfe as power of attorney and C) grant Defendant Verdean Wolfe deputy power over her safety deposit box, giving him unfettered access to over $168,000,00 of Plaintiff's property, 63. Specifically, Defendant Verdean Wolfe knowingly, deceitfully and fraudulently misrepresented to Plaintiff that his control over Plaintiff's finances and real property was solely for Plaintiff's benefit should she become incapacitated and was necessary for liquidation upon Plaintiff's death, 64. Defendant Verdean Wolfe intended Plaintiff to rely on his deceitful and fraudulent misrepresentations, and she did in fact rely thereon, 65. As a direct and proximate result of Defendant Verdean Wolfe's fraudulent and deceitful actions, Plaintiff has suffered and will continue to suffer immediate and irreparable harm, which harm will continue and cannot be adequately remedied at law. 9 66, As a result of Defendant Verdean Wolfe's giving of false and deceitful information to Plaintiff and his deceptive manipulation of Plaintiff, Plaintiff suffered damages in excess of $168,000,00. 67, By exploiting the familial relationship and trust that existed between Plaintiff and Defendant Verdean Wolfe in order to gain access to Plaintiff's life savings, Defendant Verdean Wolfe acted willfully, intentionally, deliberately and fraudulently, with such evil motive and wanton disregard for Plaintiff's well being that an award of punitive damages is justified. 68. Defendant Verdean Wolfe's actions were also in bad faith, justifying an award of attorney's fees pursuant to 42 Pa, C.S.A. ~ 2503 (9), WHEREFORE Plaintiff demands judgment against Defendant Verdean Wolfe in excess of $168,000.00 in compensatory damages, plus punitive damages, interest, costs and attomey's fees, and that the Court enter injunctive relief, preliminary until final hearing and permanently thereafter providing as follows: (a) Enjoining Defendants from withdrawing, spending or in any way using the proceeds of Plaintiff's CD's or passbook savings account; (b) Ordering an accounting for all funds or other assets of Plaintiff obtained by Defendants; (c) Ordering Defendants to make Plaintiff whole for all sums misappropriated by Defendants; 10 (d) Ordering that Defendants return to Plaintiff all of Plaintiff's property in their possession and control, including, but not limited to her life insurance policy and her two deeds; and (e) Such other relief as the Court may deem appropriate. COUNT II: CONVERSION AGAINST VEROEAN WOLFE 69. Paragraphs 1 through 68 of Plaintiff's complaint are incorporated herein by reference thereto, 70. At all times prior to Defendant Verdean Wolfe's removal of Plaintiffs CD's, life insurance policy and deeds from her PNC safety deposit box, Plaintiff was the lawful possessor of this property, 71. On August 30, 1997, Defendant Verdean Wolfe wrongfully, intentionally and without lawful justification removed Plaintiff's property from her safety deposit box and exercised unreasonable dominion and control over this property to the exclusion of the Plaintiff and breached his fiduciary duty to Plaintiff by: A) cashing Plaintiff's twelve CD's and depositing the proceeds into bank accounts in his and his wife's name, B) retaining possession of Plaintiff's insurance policy and deeds to her real property and C) refusing to return Plaintiff's property despite Plaintiff's and Plaintiffs attorneys' insistence that said property be returned. 72, On August 30, 1997, Defendant Verdean Wolfe wrongfully, intentionally and without lawful justification closed out Plaintiff's Harris Savings Bank Passbook Savings Account and deposited the funds into bank accounts in his and Laverne Wolfe's name. 11 73. Wi1hout said funds, Plaintiff will be unable to maintain her necessary residency and care at Manor Care Nursing Facility, or in the alternative, will be forced to sell her real property in order to maintain her necessary residence and care at Manor Care, 74. The Defendant Verdean Wolfe, on demand of the Plaintiff and Plaintiffs attorney refused to deliver Plaintiffs property to Plaintiff and continues to refuse to do so. 75. As a direct and proximate result of Defendant's actions, Plaintiff has suffered and continues to suffer immediate and irreparable harm, which harm will continue and cannot be adequately remedied at law. 76, As a result of Defendant Verdean Wolfe's unlawful conversion of Plaintiff's property to his own and his wife's separate use and control, Plaintiff has suffered damages in excess of $168,000,00, 77. By exploiting the familial relationship and trust that existed between Plaintiff and Defendant Verdean Wolfe in order to convert Plaintiffs entire life savings, Defendant Verdean Wolfe acted intentionally, deliberately, deceitfully and fraudulently, with gross indifference to Plaintiff's rights and with such an evil motive that an award of punitive damages is justified, 78, Defendants Verdean Wolfe's actions were in bad faith justifying an award of attorney's fees pursuant to 42 Pa, C.SA 92503 (9), WHEREFORE Plaintiff demands judgment against Defendant Verdean Wolfe in excess of $168,000.00 in compensatory damages, plus punitive damages, interest, 12 costs and attorney's fees, and that the Court enter injunctive relief, preliminary until final hearing and permanently thereafter providing as follows: (a) Enjoining Defendants from withdrawing, spending or in any way using the proceeds of Plaintiffs CD's or passbook savings account; (b) Ordering an accounting for all funds or other assets of Plaintiff obtained by Defendants; (c) Ordering Defendants to make Plaintiff whole for all sums misappropriated by Defendants; (d) Ordering that Defendants return to Plaintiff all of Plaintiffs property In their possession and control, including, but not limited to her life insurance policy and her two deeds; and (e) Such other relief as the Court may deem appropriate, COUNt III: BREACH OF FIDUCIARY D!JT'( AGAINST VERDEAN WOLFE 79, Paragraph$ 1 through 78 of Plaintiff's complaint are incorporated herein by reference thereto, 60. By virtue of his relationship to Plaintiff, Defendant Verdean Wolfe owed a fiduciary duty to Plaintiff. 13 81. Plaintiff believes and therefor avers that Defendant Verdean Wolfe misappropriated and used for his own purposes funds belonging to Plaintiff and which were to be used solely in connection with 1he care and maintenance of Plaintiff. 82, Without 1he aforesaid funds, Plaintiff will be unable to maintain her necessary care and residency at Manor Care Nursing Facility, or in the alternative, will be forced to sell her real property in order tom maintain her necessary residency and care at Manor Care, 83, As a direct and proximate result of Defendants' actions, Plaintiff has suffered and continues to suffer immediate and irreparable harm, which harm is likely to continue and cannot be adequately remedied at law, WHEREFORE Plaintiff demands judgment against Defendant Verdean Wolfe in excess of $168,000.00 in compensatory damages, plus punitive damages, interest, costs and attorney's fees, and that the Court enter injunctive relief, preliminary until final hearing and permanently thereafter providing as follows: (a) Enjoining Defendants from withdrawing, spending or in any way using the proceeds of Plaintiff's CD's or passbook savings account; (b) Ordering an accounting for all funds or other assets of Plaintiff obtained by Defendants; (c) Ordering Defendan1s to make Plaintiff whole for all sums misappropriated by Defendants; 14 (d) Ordering that Defendants return to Plaintiff all of Plaintiff's property In their possession and con1rol, including, but not limited to her life insurance policy and her two deeds; and (e) Such other relief as the Court may deem appropriate, COUNT IV: TRESPASS TO CHATTE.L~ AGAINST VERDEAN WOLFE and LAV~RNE WOLFE; 84, Paragraphs 1 through 83 of Plaintiff's complaint are Incorporated herein by reference thereto. 85, Plaintiff's assets have been placed In joint accounts In the names of both Defendants, 86, By having their name on the accounts, Defendants continue to exercise dominion and control over Plaintiff's property, 87, This dominion and control is to the exclusion of any control Plaintiff would have been able to lawfully exercise had the property remained in Plaintiff's rightful possession, 88, Defendants have continued access to Plaintiff's property, 89, Defendants have failed to use this access to return Plaintiff's property to Plaintiff; in fact, Defendants have actually used this access to fraudulently convert all of Plaintiffs life's savings to their own sole and separate use and control. IS 90, As a direct and proximate result of Defendants' actions, Plaintiff has suffered and continues to suffer immediate and irreparable harm, which harm will continue and cannot be adequately remedied at law, 91, As a result of Defendants interference with Plaintiffs property, Plaintiff suffered damages in excess of $168,000.00. 92, Defendants inten1ional, deceitful and fraudulent interference with Plaintiff's property rights was undertaken with gross indifference to Plaintiff's well being and with such an evil motive that an award of punitive damages is justified. 93, Defendants intentional interference with Plaintiff's property rights was undertaken with bad faith justifying an award of attorney's fees pursuant to 42 Pa. C,S.A. 92503 (9), WHEREFORE Plaintiff demands judgment against Defendant Verdean Wolfe in excess of $168,000.00 in compensatory damages, plus punitive damages, interest, costs and attorney's fees, and 1hat the Court enter injunctive relief, preliminary until final hearing and permanently thereafter providing as follows: (a) Enjoining Defendants from withdrawing, spending or In any way using the proceeds of Plaintiff's CD's or passbook savings account; (b) Ordering an accounting for all funds or other assets of Plaintiff obtained by Defendants; (c) Ordering Defendants to make Plaintiff whole for all sums misappropriated by Defendants; 16 VI!RaPICA TION The averments of the foregoing complaint are true and correct to the best of my knowledge, Information and belief, I understand that false statements made herein are subject to the penalties of 18 Pa,C.S.A. Section 4094, relating to unsworn falsification to authorities, October '1-7.1997 J~ ~,~~ SARA C. 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' (...:.........;, I .~ '- ~ ,~I I . I i ; ! HAROLD I. IRWIN, III JOY I, Z!RANCI 'AMl.IGAI. tAW OFRCIS OF HAROLD S. IRWIN, m ATTORNEY-A r.LA W HITNER HOUSE. SUITES 201 and 202 35 EAST HIOH STREE~ CARU8LE. PENNSYLVANIA 17013 www,CMp."n.l:omltrNlnl .mIII: Irwlnlllwo.p/)(,n.t 717.Z43-eaO - 717.243-1200 .~ March II, t997 VERDEAS WOLFE IJt J'll> AVE PITTSBURGH PA 15229 RE: STELLA WOUE Poorer of Anoney Dear Mr. Wolfe: Enclosed plCUll IIIld I copy of the IICW power of IltOracy eJIOCllted by Stella Wolfe. ThilIICW power of anonlC7 revokes the previOUl power of lnoracy pwn to )'Ou by Mn. Wolfe. Since )'OU InlIlO IoI1F autborized to act on bchaIf of MI. Wolfe, plCUll forward to me Immediately aU ccr1ilIcatcs of dcpoIit, deedI, lIIIUI:IIIClIl policlef. willi or copiea ofwi11J, tho IIIdy dcpoIlI box kcyIlIId Illy otber propcrt)' or documcDU )'OU IIIIY b8ve w'ooopn. to or relaliDl to Stella WoUb. llUJllllll thal )'OU ICIId thIIlDIICria1 10 me by reslllCl'ed, iIIIured mall 1D order to proCl:Ct IpiIIIt loa 1D the malllJllClD. 1f)'OU let me Imow the c:o.lI ilMllvcd for thII, I wiD lee thal )'OU Inl reImbancd. If)'Ou have any question about this, please reel free to conw:t me. However, I CllpClCt WI )'Ou will bonor WS reqUCS1 in a timely manner. Thank you for )'011I' coopcnlion in thiI maner, . bll ITElLA WOLFI c/o lARA KUGW 483 ITATI RD WIlT PAIRVIIW PA 17021 i: B-,r.....IlEIIT "D" ,.... W O'RC'S QIl HAROLD S. IRWIN, m A TTORNeY.A T."'" W HAROLD S, IRWIN. III JOY S, ZEI1ANCI ....u'-fGA.. HITNER HOUSE, SUITES 201 IIIId 202 38 EAST HIGH STREET CAAUSU!, PENNSYLVANIA 17013 717.243-101O - 717.243.1200 'ACIlMU www.cMlpenn.com/IrNln/ ..mM/: itwlnMwo.pbt,n.t March 25, 1997 VERDEA:'/ WOLFE 1J1 JRD AYE PITTSBURGH PA 15229 RE: Stella Wolfe Power of Anora.y Dear Mr. Wolfe: 1 wrote to you on March 11, 1997 rega.rdina the revocation of1he power of attorney previously armted to you. I aIJo requated the immediate return of all property in your possession and control wbicb belonp to Mrs. Wolfe. I have. siped retum receipt card indialUna that you received my letter CD March 17, 1997. I have left two phone m~n.aes with you since that timu, anempUns to speak with you about thiJ, but you have not returned these calls. This letter is to advise you that if I have not heard from you in writing and have not received from you all such property by April 7, 1997, I will then recommend to Mrs. Wolfe that we contact the District Attorney in PitUburgh to take appropriate action to secure the retum of Mrs. Wolfe's property, ~, Wolfe i. quite upset about this. so I sincerely hope this step will not be necessary, I1'U.I..A WOUl C/O.... ItVGL&Il .snAnu WUT .AlllvtIlW 'A I'IIU . - EXHIBIT "B" L .).\ ~.. J I u~: ( J Ul ..;..; UJ WZ ~ .... .... .... ...:IZ u .... c:: ::::: ""W ;.<W III ... III ... '" e.. E-i .... .... '0 .... ~ Z H WI c:: W c:: ~ o .::>...:1 - t.. c:: p: ... 10. Will ~~ wi ~ >< 0 ij: ...:I." Will ...:I 10..... E-i W ~ 01...:1'-< 0 ...:I III I~~ OZ 1 J ~ ;"l:l"" ~ 00 E-i I~ U::>:Z ~ Ill::> ~ Z ~~ 1II'" 00 . C:'; .'0 H :z:~ t..U H".l w~ UJ E-iCW :s ,;. ~~ o E-iv- 0 . ;> 1ll:Z c,j\l! OU ..;....u :z p: "" ~~ E-i Z ..;,'t1" ...:I.... ..; W ~ ~ ::3 It t;~ ... .. g;j ...:I 1 tjlll;:! W :> 0 ~ g ~1Il ~tf 0 j U 01>: Hr-- E-i~"; 0>:; OOC ~..... uw:> '" UlIllUl W Q::: !/l lXlH .<: :> ii! W~ U . ~ t1 :c::> 0 ;., E-iU :z .0 :zt.. HO , . ~ # . ". .. , .. .. . . .. STELLA E. WOLFE, by her .ttomey-In-f.c:t, lARA C. KUGLER Plaintiff I IN THE COURT OF COMMON PUM OF I CUM.ERLAND COU"TY PENNSYLVANIA VS. I CUM.ERLAND COUNTY PENNSYLVANIA I CIVIL ACTION - LAW I ('<;.(. 'n, I NO. 17 - m;J. CPaL TERM VERDEAN T. WOLFE .nd LAVERNE WOLFE, hi. wife Defend.nt. I JURY TRIAL DEMANDED COMPLAINT Now comes the Plaintiff, Stella E. Wolfe, by her attorney-in-fact, Sara C. Kugler, and her attorney, Harold S. Irwin, III, Esquire, and files this complaint against the Defendants, Verdean T. Wolfe and Laverne Wolfe, his wife, representing as follows: 1. The Plaintiff, Stella E. Wolfe, is an adult individual residing at Manor Care Nursing Home, 1700 Market Street, Camp Hill, Cumberland CQunty, Pennsylvania 17055. 2. The Defendants, Verdean Wolfe and Laverne Wolfe, his wife, are adult individuals residing at 131 Third Avenue, Pittsburgh, Allegheny County, Pennsylvania, 15229. 3. The Defendant Verdean Wolfe, is the nephew of the Plaintiff. 4. Sara Kugler is a unrelated third party acting on behalf of Plaintiff, pursuant to a power of attorney executed on March 17, 1997. A copy of the power of TRUE COPY FROM RECORD In TC5t1rnuny Wherool, IlIers unto S81"", hancl ~~1s t~~2~~~ O~d ~~~~ c:a~1~9~ . \ l \(, I)~' 1l""HIY1r!nn , ~ ProIhonoClly .. - attorney is attached hereto as Plaintiff's Exhibit 'A' and incorporated herein by reference thereto. 5. In March or April of 1995, the Defendants visited the Plaintiff at Manor Care Nursing Home. 6. During that visit, Defendant Verdean Wolfe presented a document to Plaintiff for her signature. 7. When asked by Plaintiff about the nature of this document, Defendant Verdean Wolfe, falsely and with the intent to deceive Plaintiff, told Plaintiff that this document was "necessary in order for him to have his name added to Plaintiff's two (2) deeds." B. Defenda"t Verdean Wolfe further told Plaintiff, falsely and with the intent to deceive Plaintiff, that it was necessary to have his name on Plaintiff's deeds in case "something happened to her [Plaintiff] and the properties needed to be sold." 9. Plaintiff was further told by Defendant Verdean Wolfe, falsely and with the intent to deceive Plaintiff, that without his signature, "Plaintiff's propelrty would go to the state' when Plaintiff died. 10. At the lime of the signing, Plaintiff was unrepresented by counsel. 11. Relying on Defendant Verdean Wolfe's representations, Plaintiff executed the document he had presented to her. 2 12. At the time, Plaintiff believed she was executing a document that would only allow Defendant Verdesn Wolfe to add his name to her deeds and that this was necessary in order to allow for the properties to be liquidated on her death. 13. At the time of the execution of the above document, Plaintiff did not intend to make a gift of any of her property to Defendant Verdean Wolfe. 14. In fact, Defendant Verdean Wolfe's name was never added to the deeds. 15. Plaintiff now believes and therefore avers that the document which Defendant Verdean Wolfe actually presented to her for signature and which she signed was a general power of attorney, naming Defendant Verdean Wolfe as power of attorney for her. 16. On July 21, 1995, Plaintiff signed herself out of the Manor Care Nursing Home and returned to her residence at in West Fairview Township. 17. While at home, Plaintiff was again visited by the Defendants. 18. During this visit, Defendant Verdean Wolfe took Plaintiff to PNC Bank in Enola, Pennsylvania. 19. While at the Bank, Defendant Verdean Wolfe suggested that Plaintiff appoint him deputy to her safety deposit box with the understanding that he would have access to the box only in the event of Plaintiff's incapacitation or death. 20. Relying on Defendant Verdean Wolfe's representations Plaintiff's gave her permission for him to be appointed deputy to her safety deposit box. 3 21. Defendant Verdean Wolfe was then given a second key to Plaintiff's safety deposit box. 22. Defendant Verdean Wolfe still possesses this second key. 23. By delivering this key I;) her safety deposit box to Defendant Verdean Wolfe, Plaintiff did not intend to make a gift of the contents to him. 24. At the time of Defendant Verdean Wolfe's deputation, Plaintiff's safety deposit box contained the substantial majority of Plaintiff's life savings, comprised of twelve (12) certificates of deposit (CD's), two (2) from PNC Bank and ten (10) from Harris Savings Bank, totaling $164,397.59. 25. At the time of Defendant Verdean Wolfe's deputation, Plaintiff's safety deposit box also contained two (2) life insurance policies, one insuring the life of Plaintiff and naming Defendant Verdean Wolfe as beneficiary and a second belonging to Verdean Wolfe naming Plaintiff as beneficiary. 26. Plaintiff's Safety deposit box also contained two deeds to Plaintiff's real property. 27. Each of the twelve (12) CD'S \Vas a JointJOr account, meaning that either of the signatories could cash the CD's without the other being present. 28. Nine (9) of these CD's were in the names of Plaintiff and Defendant Verdean Wolfe. 29. The remaining three (3) CD's were held in the names of Plaintiff and Defendant Verdean Wolfe's brother, Kenneth B. Wolfe. 4 . . 30. The CD's were held in joint names at the insistence of the Defendant Verdean Wolfe. 31. Specifically, Defendant Verdean Wolfe told Plaintiff, falsely and with the intent to deceive Plaintiff, that if Defendant Verdean Wolfe and his brother, Kenneth Wolfe, did not have their names on the CD's, the money would "go to the state' when Plaintiff died. 32. Relying on Defendant Verdean Wolfe's false and deceitful misrepresentations, Plaintiff had Defendant Verdean Wolfe's name added to nine of Plaintiff's CD's. 33. Relying on Defendant Verdean Wolfe's false and deceitful misrepresentations, Plaintiff had Kenneth Wolfe's name added to three of Plaintiff's CD's. 34. Defendant Verdean Wolfe never had the Plaintiff's permission to cash the CD's for his own use or for any use other than the care, maintenance and support of the Plaintiff. 35. Plaintiff never intended to make an intervivos gift of the CD's, or any share thereof, to Defendant Verdean Wolfe, Defendant's spouse, Laverne Wolfe, or Defendant's brother, Kenneth B. Wolfe. 36. On August 30, 1996, using his authority as deputy and in breach of his fiduciary duty to Plaintiff, Defendant Verdean Wolfe entered Plaintiff's safely deposit box and removed its entire contents, including Plaintiff's CD's, life insuranca policles and deeds. 5 37. This removal was done without Plaintiff's knowledge or permission. 3B On August 30,1996, Defendant Verdean Wolfe cashed nine (9) of Plaintiff's CD's, paying $1, 928.B1 in penalties and acquiring proceeds totaling $125, 052.02. Copies of the receipts initialed by Defendant Verdean Wolfe, indicating these CD's were in fact cashed are, attached as Plainliff's exhibit "B" and incorporated herein by reference thereto. 39. The cashing of the Plaintiffs CD's was also undertaken without Plaintiff's knowledge or permission. 40. Using these proceeds, Defendant Verdean Wolfe opened accounts in his and his wife's name at PNC Bank in Pittsburgh, Pennsylvania. 41. On August 30, 1996, Defendant Verdean Wolfe closed out Plaintiff's Harris Savings Bank Passbook Savings Account, obtaining proceeds totaling $3, 640.65. 42. The closing of Plaintiff's saving account was also undertaken without Plaintiffs knowledge or permission. 43. These proceeds were also deposited by Defendant Verdean Wolfe in the PNC accounts opened in Pittsburgh. 44. On March 4,1997, Plaintiff executed a new power of attorney naming Sara C. Kugler as power of attorney, thereby revoking all prior powers of attomey. 45. It was not until Sara C. Kugler became power of attorney for Plaintiff that Defendant Verdean Wolfe's activities were discovered. 6 46 Specifically, is was not until Sara C. Kugler attempted to liquidate Plaintiff'! estate for the benefit of Plaintiff, that she discovered that nine (9) of Plaintiff's CD's had been cashed by Defendant Verdean Wolfe. 47. It was also around this time that Sara C. Kugler discovered that one of Plaintiff's CD's had apparently been cashed by Defendant Verdean Wolfe in April of 1996, with Defendant acquiring proceeds totaling $10,000.00. 48. On March 11, 1997, a copy of the new power of attorney, accompanied by a letter from Plaintiff's attorney, was sent to Defendant Verdean Wolfe demanding the return of the contents of Plaintiff's safety deposit box, including the proceeds of Plaintiff's CD's, her life insurance policy and her deeds. A copy of the letter is attached as Plaintiff's Exhibit "C' and incorporated herein by reference thereto. 49. Plaintiff received no response from Defendant Verdean Wolfe. 50. On March 17, 1997, Plaintiff executed a second power of attorney naming Sara C. Kugler as power of attorney. A copy of current power of attorney is attached as Plaintiff's Exhibit "N and incorporated herein by reference thereto. 51. A second letter was sent to Defendant Verdean Wolfe on March 25, 1997, again demanding that he return Plaintiff's property, and again no response was forthcoming. A copy of this letter is attached as Plaintiff's Exhibit "D" and incorporated herein by reference thereto. 52. To date, neither Defendant has returned Plaintiff's property nor have they offered an explanation why it was taken from Plaintiff's lawful possession. 7 53. Plaintiff is currently a resident at Manor Care Nursing Home in Camp Hill, Pennsylvania. 54. Plaintiff's currently monthly expenses for her room and care at Manor Care Nursing Home exceed $4,000 a month. 55. As a result of Defendants' actions, Plaintiff's ability to continue to remain at Manor Care Nursing Home is seriously jeopardized, as her Medicare benefits are insufficient to cover the expenses of her stay at Manor Care and Defendant's have appropriated to their own use and control the substantial majority of Plaintiff's personal funds and life savings without her knowledge, permission or consent. 56. Nevertheless, as a result of Defendants' actions, Plaintiff is currently ineligible to apply for Medicaid benefits due to the inappropriate and fraudulent transfer of her assets from herself to Defendants. 57. Through her power of attorney, Plaintiff was able to liquidate her life insurance policy, despite Defendant Verdean Wolfe invasion of her safety deposit box and retention of the policy against Plaintiff's wishes. 58 Despite this liquidation, Plaintiff remains in a precarious financial situation as a result of the activities of both Defendants. 59. Plaintiff, through her attorneys, has repeatedly asked Defendant Verdean Wolfe to return her property and the proceeds obtained therefrom, but Defendant has without justification repeatedly refused to do so, thereby causing Plaintiff immediate and irreparable harm, which harm will continue unless Defendant's actions are enjoined and for which there is no adequate remedy at law. 8 I l COUNT I : FRAUD AGAINST VEROEAN WO~FE 60. Paragraphs 1 through 59 of Plaintiff's complaint are incorporated herein by reference thereto. 61. As a result of the familial relationship between Plaintiff and Defendant Verdean Wolfe, Plaintiff placed her utmost trust in Defendant Verdean Wolfe to care for her financial well being in the event that she was unable to act in her own best interest. 62. By false information and deceptive manipulation of this trust, Defendant Verdean Wolfe was able to induce Plaintiff to: A) place her entire life savings in joint CD's with Defendant Verdean Wolfe and his brother, Kenneth B. Wolfe, B) execute a power of attorney naming Defendant Verdean Wolfe as power of attorney and C) grant Defendant Verdean Wolfe deputy power over her safety deposit box, giving him unfettered access to over $168,000.00 of Plaintiffs property. 63. Specifically, Defendant Verdean Wolfe knowingly, deceitfully and fraudulently misrepresented to Plaintiff that his control over Plaintiff's finances and real property was solely for Plaintiffs benefit should she become incapacitated and was necessary for liquidation upon Plaintiffs death. 64. Defendant Verdean Wolfe intended Plaintiff to rely on his deceitful and fraudulent misrepresentations, and she did in fact rely thereon. 65. As a direct and proximate result of Defendant Verdean Wolfe's fraudulent and deceitful actions, Plaintiff has suffered and will continue to suffer immediate and irreparable harm, which harm will continue and cannot be adequately remedied at law. 9 66. As a result of Defendant Verdean Wolfe's giving of false and deceitful information to Plaintiff and his deceptive manipulation of Plaintiff, Plaintiff suffered damages in excess of $168,000.00. 67. By exploiting the familial relationship and trust that existed between Plaintiff and Defendant Verdean Wolfe in order to gain access to Plaintiff's life savings, Defendant Verdean Wolfe acted willfully, intentionally, deliberately and fraudulently, with such evil motive and wanton disregard for Plainliff's well being that an award of punitive damages is justified. 68. Defendant Verdean Wolfe's actions were also in bad faith, justifying an award of attorney's fees pursuant to 42 Pa. C.S.A. ~ 2503 (9). WHEREFORE Plaintiff demands judgment against Defendant Verdean Wolfe in excess of $168,000.00 in compensatory damages, plus punitive damages, interest, costs and attorney's fees, and that the Court enter injunctive relief, preliminary until final hearing and permanently thereafter providing as follows: (a) Enjoining Defendants from withdrawing, spending or in any way using the proceeds of Plaintiff's CD's or passbook savings account; (b) Ordering an accounting for all funds or other assets of Plaintiff obtained by Defendants; (c) Ordering Defendants to make Plaintiff whole for all sums misappropriated by Defendants; to (d) Ordering that Defendants return to Plaintiff all of Plaintiff's property in their possession and control, including, but not limited to her life Insurance policy and her two deeds; and (e) Such other relief as the Court may deem appropriate. COUNT II: CONVERSION AOAINST V!i;RDEAN WOLFE 69. Paragraphs 1 through 68 of Plaintiff's complaint are incorporated herein by reference thereto. 70. At all times prior to Defendant Verdean Wolfe's removal of Plaintiff's CD's, life insurance policy and deeds from her PNC safety deposit box, Plaintiff was the lawful possessor of this property. 71. On August 30,1997, Defendant Verdean Wolfe wrongfully, intentionally and without lawful justification removed Plaintiff's property from her safety deposit box and exercised unreasonable dominion and control over this property to the exclusion of the Plaintiff and breached his fiduciary duty to Plaintiff by: A) cashing Plaintiff's twelve CD's and depositing the proceeds into bank accounts in his and his wife's name, B) retaining possession of Plaintiff's insurance policy and deeds to her real property and C) refusing to return Plaintiff's property despite Plaintiff's and Plaintiff's attorneys' insistence that said property be returned. 72. On August 30, 1997, Defendant Verdean Wolfe wrongfully, Intentionally and without lawful justification closed out Plaintiff's Harris Savings Bank Passbook Savings Acco~nt and deposited the funds into bank accounts in his and Laverne Wolfe's name. 11 73. Without said funds, Plaintiff will be unable to maintain her necessary residency and care at Manor Care Nursing Facility, or in the alternative, will be forced to sell her real property in order to maintain her necessary residenca and care at Manor Care. 74. The Defendant Verde an Wolfe, on demand of the Plaintiff and Plaintiff's attorney refused to deliver Plaintiff's property to Plaintiff and continues to refuse to do so. 75. As a direct and proximate result of Defendant's actions, Plaintiff has suffered and continues to suffer immediate and irreparable harm, which harm will continue and cannot be adequately remedied at law. 76. As a result of Defendant Verdean Wolfe's unlawful conversion of Plaintiff's property to his own and his wife's separate use and control, Plaintiff has suffered damages in excess of $168,000.00. 77. By exploiting the familial relationship and trust that existed between Plaintiff and Defendant Verdean Wolfe in order to convert Plaintiff's entire life savings, Defendant Verdean Wolfe acted intentionally, deliberately, deceitfully and fraudulently, with gross indifference to Plaintiff's rights and with such an evil motive that an award of punitive damages is justified. 78. Defendants Verdean Wolfe's actions were in bad faith justifying an award of attorney's fees pursuant to 42 Pa. C.S.A. 92503 (9). WHEREFORE Plaintiff demands judgment against Defendant Verdean Wolfe in excess of $168,000.00 in compensatory damages, plus punitive damages, interest, 12 costs and attorney's fees, and that the Court enter injunctive relief, preliminary until final hearing and permanently thereafter providing as follows: (a) Enjoining Defendants from withdrawing, spending or in any way using the proceeds of Plaintiff's CD's or passbook savings account; (b) Ordering an accounting for all funds or other assets of Plaintiff obtained by Defendants; (c) Ordering Defendants to make Plaintiff whole for all sums misappropriated by Defendants; (d) Ordering that Defendants return to Plaintiff all of Plaintiff's property in their possession and control, including, but not limited to her life insurance policy and her two deeds; and (e) Such other relief as the Court may deem appropriate. COUNT III: BREACH OF FIDUCIARY DUTY AGAINST VERDEAN WOLFE 79. Paragraphs 1 through 78 of Plaintiff's complaint are incorporated herein by reference thereto. BO. By virtue of his relationship to Plaintiff, Defendant Verdean Wolfe owed a fiduciary duty to Plaintiff. 13 81. Plaintiff believes and therefor avers that Defendant Verdean Wolfe misappropriated and used for his own purposes funds belonging to Plaintiff and which were to be used solely in connection with the care and maintenance of Plaintiff. 82. Without the aforesaid funds, Plaintiff will be unable to maintain her necessary care and residency at Manor Care Nursing Facility, or in the alternative, will be forced to sell her real property in order tom maintain her necessary residency and care at Manor Care. 83. As a direct and proximate result of Defendants' actions, Plaintiff has suffered and continues to suffer immediate and irreparable harm, which harm is likely to continue ana cannot be adequately remedied at law. WHEREFORE Plaintiff demands judgment against Defendant Verdean Wolfe in excess of $168,000.00 in compensatory damages, plus punitive damages, interest, costs and attorney's fees, and that the Court enter injunctive relief, preliminary until final hearing and permanently thereafter providing as follows: (a) Enjoining Defendants from withdrawing, spending or in any way using the proceeds of Plaintiff's CD's or passbook savings account; (b) Ordering an accounting for all funds or other assets of Plaintiff obtained by Defendants; (c) Ordering Defendants to make Plaintiff whole for all sums misappropriated by Defendants; 14 (d) Ordering that Defendants return to Plaintiff all of Plaintiff's property In their possession and control, including, but not limited to her life insurance policy and her two deeds; and (e) Such other relief as the Court may deem appropriate. COUNT IV: TRESPASS TO CHATTEL~ AGAIN~T VERDEAN WOLFE and LAVERNE WOLFE 84. Paragraphs 1 through 83 of Plaintiff's complaint are incorporated herein by reference thereto. 85. Plaintiff's assets have been placed in joint accounts in the names of both Defendants. 86. By having their name on the accounts, Defendants continue to exercise dominion and control over Plaintiff's property. 87. This dominion and control is to the exclusion of any control Plaintiff would have been able to lawfully exercise had the property remained in Plaintiff's rightful possession. 88. Defendants have continued access to Plaintiff's property. 89. Defendants have failed to use this access to return Plaintiff's property to Plaintiff; In fact, Defendants have actually used this access to fraudulently convert all of Plaintiff's life's savings to their own sole and separate use and control. 15 90. As a direct and proximate result of Defendants' actions, Plaintiff has suffered and continues to suffer immediate and irreparable harm, which harm will continue and cannot be adequately remedied at law. 91. As a result of Defendants interference with Plaintiff's property, Plaintiff suffered damages in excess of $168,000.00. 92. Defendants intentional, deceitful and fraudulent interference with Plaintiff's property rights was undertaken with gross indifference to Plaintiff's well being and with such an evil motive thaI an award of punitive damages is justified. 93. Defendants intentional interference with Plaintiff's property rights was undertaken with bad faith justifying an award of attorney's fees pursuant to 42 Pa. C.SA ~2503 (9). WHEREFORE Plaintiff demands judgment against Defendant Verdean Wolfe in excess of $168,000.00 in compensatory damages, plus punitive damages, interest, costs and attorney's fees, and that the Court enter injunctive relief, preliminary until final hearing and permanently thereafter providing as follows: (a) Enjoining Defendants from withdrawing, spending or in any way using the proceeds of Plaintiff's CD's or passbook savings account; (b) Ordering an accounting for all funds or other assets of Plaintiff obtained by Defendants; (c) Ordering Defendants to make Plaintiff whole for all sums misappropriated by Defendants; 16 (d) Ordering that Defendants return to Plaintiff all of Plaintiff's property in their possession and control, including, but not limited to her life insurance policy and her two deeds; and (e) Such other relief as the Court may deem appropriate. October 27 . 1997 17 VERIFICATION The averments of the foregoing complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. October '2--7.1997 Ju~ f].~<<J1; SARA C. KUGLER, ~ttomey.ln.'act for Plaintiff Stella E. Wolfe 17 B.....~IlEIIT ....A.... N~~:~~t~ ','. 3100422 .~\\ \....;.,:.: ".'-.:;J.~. . .' . : :/i~;:j IICONO '\NO "Ihl ITIIIIITS , ....::.,.1.. t4AllIlIhllU"O, 'INH: nv""'," 17101 . ., .' . . :i~~" .~ : : ~" /" ..... ;ie'.,1 '''1tlI4.1It1 t....,.......'., .,....:l;IJ '.', . " ':.:" ;~~'~:i!1':':;" d' . ~:.:.t:'.:..;J:;~.j uuuO'h1iii:;'""lRCOUNT Hutw.. 0'210'0134 . "'~~" "I :t.:::.'.;'.:""~' ",.'. '.".~: "':"'I~" . '..., '. ~ ""'.' ,t. . ' '. .,. '. ~~ ' ... ull.101 Dou.A~" NI~' i~'~i;l' .:;:? . .....I..10~:lS~i >< ;:}: t'.~~ . ,,:;,,'~y:.....'.!;:.;'_:f;~:,~~.."': ,OAf'.. 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'~~. ;: .. , ' '~_ "; ;' ',~; 1\":' ..;,',~ ~l';.:-:1.:;,,;~:!-,". ,. ~,!",,!. .l;,~", J, "I.r~~.,.:.,.... :,'. ~';.' : :;''''~f,: '- , .~ '';:..,'''. J,(,:. : ,. . . " i-,. N~ ...Jm:""'aii~~'~'3.. .',j" B '310041~ I II I tt-" ... " . t:s .- VIf""MlM. .ce..... .-....... .1S4.t91Ut " , I I i I 1._. - G: Iltu_ 1 1lCIL'1 \/u.... IIlCILI'1 ..._W..!' 1 . \ ,...,' ' to':"" i " '-4 ...". :,...., -CI '~ . . " tAWOFFlCIS 0' HAROLD S, IRWIN, m A TTORNEY,A T,tA W HAROLD I, IRWIN, III JOY I. ZERANC! ,AIlA"'c1A&. HITHER HOUSE. SUITES 20111ld 202 315 EAST HIGH STREET CARUSLE. PENNSYLVANIA 17013 _w,cenpMfn, comlftwln/ "lffIIiI: IIwlnlilwo.pbt.n.t 717.243-1010 - 717-<143-1200 'OC-" March II. 1997 VERDEAN WOLFE III JAD AVE PITTSBURGH 1''\ 15129 HE: STELLA WOLF! Power of Attoney Dcar Mr. Wolfe: Enclosed please I1nd a copy of the IICW power of attorney execullld by Stella Wolfe. Thil IICW power of attorney revokes the previous power of attomcy p\'Cl\ 10 you by Mn, Wolfe. Since you are 110 lonpr authorized 10 ac1 on beba1fofMJ. Wolfe. please forwanllO me Im......tl.teIy aU certiJicalcs of deposit, deedI, iIlIWIDCll poUda, wlIIs or copies of wiIJs, \be safety depoIit box keys and any other property or documcnll yvu may bml bc10npq 10 or re1atin. 10 Stella Wolfe, (511'" that yvu ICDd thiJ material 10 IlIC by registered, iDIW'IllI mall In onIer 10 proUCl apinst 1_ In the mail system. If yvu let IlIC know \be COIlS involved for this, I wiU see thaI yvu are n:imbuned. If you have any question aboulthis, please feel flee 10 contact me. However. I expect thaI you will honor litis reqUCSl in a timely IIWIIlCr. Thank you for your cooperation in this maner. . bal STELLA WOlf! c/o lARA KUGLER 483 ITATE RD WEST FAIRVIEW PA 17021 , V. I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA : I I I I NO. 97-5992 EQUITY TERM I : CIVIL ACTION - EQUITY STELLA E. WOLFE, by her attorney-in-fact, SARA C. KUGLER VERDEAN T. WOLFE and LAVERNE WOLFE, his wife ORDER OF COURT AND NOW, this 3rd day of NOVEMBER, 1997, in consideration of the Plaintiff's verified complaint in equity and petition for a preliminary injunction, and on motion of Plaintiff's attorney, Harold S. Irwin, III, Esquire, it appearing to this Court that immediate and irreparable harm will be sustained by the Plaintiff before a hearing can be held, it is hereby ordered and decreed as follows: That Defendants Verdean Wolfe and Laverne Wolfe and all persons acting in concert with them, be and are hereby enjoined and prohibited from withdrawing, spending or utilizing any of the proceeds from the liquidation of Plaintiff's certificates of deposits or passbook savings account on deposit at PNC Bank or elsewhere; That pursuant to Pa.R.C.P. No. l53l(d), a hearing pertaining to the continuance of this preliminary injunction shall be held on Friday, November 7, 1997, at 9:00 a.m. in Courtroom' 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Further, a rule is hereby entered upon the Defendants to show cause, at the above date and time, why this preliminary injunction should not be maintained. . This order is conditioned upon Plaintiff's filing with the Prothonotary $1.00 as per Pa. Rule of Civil Procedure 1S3l(b)(2). Service of this petition and Order shall be by personal service. By the Court, W~ r,' . !C,~;:'t r:.";-::"'( Tl:-: ','n"~-f. "'.: ,\ ,:', ...;, .. '.>:r I . . ; : ;, ) I ~ I ~p7ED~: ~;. . ^lIor,,,y. for 'ti.,.;, f . ,. HAIIOLD .. IIIWIN, III, ISQUIIII ATTOIINIY ID NO. un. 31 IA.T HIGH .TIIIIT C:AIILI.LI 'A 17.1:1 (7nlZoU .... ATTOIINIY '011 'LAINT..' -] tftJb ITELLA E. WOLFE, by her .ttomey.ln.f.c:t, SARA C. KUGLER PI.lntlff : IN THE COURT OF COMMON PLEAS 0' I CUMBERLAND COUNTY PENNSYLVANIA VS. I CIVIL ACTION. EQUITY VERDEAN T. WOLFE .nd LAVERNE WOLFE, hi. wife Defend.nta . . : NO. 17. :{'79 Z crsa. TERM r<,(, "-I-; ORDER AND NOW, this 2<( 7" day of October, 1997, in consideration of the Plaintiff's verified complaint in equity and petition for a preliminary injunction, and on motion of Plaintiff's attorney, Harold S. Irwin, III, Esquire, it appearing to this Court that immediate and irreparable harm will be sustained by the Plaintiff before a hearing can be held, it is hereby ordered and decreed as follows: That Defendants Verdean Wolfe and Laverne Wolfe and all persons acting in concert with them, be and are hereby enjoined and prohibited from withdrawing, spending or utilizing any of the proceeds from the liquidation of Plaintiff's certificates of deposits or passbook savings account on deposit at PNC Bank or elsewhere; . T"st PNC Bafll\ ;.\ p".,1,lblted (tUIII tJUIIII;U;lIg lha ~itndr8\'~'81 er siatrinlltinn n' Any ~ '81::1ei'1 t" w~BBEl8 IrQm any accQIoIRls fie'..; "wid oy uerenaams with It::! Instltutlun, i:md - That pursuant to Pa. R.C.P. No. 1531(d), a hearing pertaining to the continuance of this preliminary injunction shall be held on M:'f",/ ., -" , 1997 at 1:tJ2J p.m. , in Courtroom No. I ,Cumberland County Courthouse, Carlisle, Pennsylvania. FURTHER, a rule is hereby entered upon the Defendants to show cause, at the above date and lime, why this preliminary injunction should not be maintained. f /, (.rrJ This order is conditioned upon Plaintiff's filing with the Prothonotary -- -rr ,.wAd /J-f !:..C,L PA /c'<<f'C l) (,<..1,'1 A.c,o.-,C'.",,- IS}I (')(2) . bll'l tAlIlIIflel::lflt vf i Service of this petition and Order shall be by personal service. By the Court, IV /J, ...~,I cl {" ~ La.!., ~J. ( TRUE copy FROM REOOR~ncl In 1 c:;:ln'o<iIl'/ wt.cnlo1, I here unto" fffo/ "cll t11ll :,...& cl ~~:\!j ~w~~ a\ ~~~ 1"'< -YlJJl f"I)!' ~l -~,-,. '. ,..!::Xc.... ,0 .'fl,H,l[l/h' \ I ~l ~.., If_.. ..---~-<. f'r~:l1l1not"ry .. .. HAIIOLD S. IIIWIN, III, IIQUllla A"OIlNII1' ID NO. 21121 II "ST HIGH STIIUT C:AIILlSU PA inn (717) 2Q .... ATTOIINay '011 PLAINT If' ITELLA E. WOLFI!, by her .ttomey-In-f.c:t, lARA C. KUGLER PI.lntlff ~ IN THE COURT OF COMMON PLEAS 0' I CUMBERLAND COUNTY PENNSYLVANIA VI. I CIVIL ACTION. EQUITY VERDEAN T. WOLfE .nd LAVERNE WOLFE, his wife D.fend.nts . . ~~ -j I NO. 17 . ~ I I "-- CA'tL TERM ('(it<. , '7 PETITION FOR PRELIMINARY INJUNCTION WITHOUT PRIOR WRITTEN NOTICE AND HEARING Plaintiff Stella E. Wolfe, by her attorney-in-fact, Sara C. Kugler and her attorney, Harold S. Irwin, III, Esquire, petitions this Court to enter a preliminary injunction pursuant to Pa. R.C.P. No. 1531, representing as follows: 1. Plaintiff has filed a verified complaint in equity, attached as Exhibit 'A' and incorporated herein by reference thereto, alleging inter alia, that pursuant to a deputy power over Plaintiffs safety deposit box, Defendant Verdean Wolfe entered the box on August 30, 1997 without Plaintiff's knowledge or permission, and removed Plaintiff's certificates of deposit, life insurance policies and deeds to Plaintiff's real property. 2, Plaintiff's complaint further avers that Defendant Verdean Wolfe then liquidated said CD's and closed Plaintiff's Passbook savings account and secretly deposited the proceeds in accounts which Defendant Verdean Wolfe and Defendant . Laverne Wolfe opened with PNC Bank, and also avers that such funds total $140,621,.42, of which $1, 928.81 consisted of penalties paid by Defendant Verdean Wolfe for early liquidation of the certificates. 3. Plaintiff's complaint requests, inter alia, that this Court enjoin Defendants Verdean Wolfe and Laverne Wolfe from spending or utilizing any of the funds that the Defendants have on deposit with the Bank. 4. Defendants should not be permitted to spend or utilize any of the funds which they presently have on deposit at PNC Bank until such time as a hearing is held and this Court finally determines the respective rights of each party named herein, for the following reasons: A. Plaintiff is threatened with immediate and irreparable harm because Defendants, who have unconditional access and control of the funds on deposit in Defendants' accounts at PNC Bank, will continue to dissipate and convert Plaintiff's proceeds if Defendants are permitted to utilize and spend any of the funds on deposit with PNC Bank, B. Immediate and irreparable harm will be sustained by the Plaintiff before a hearing can be held, as the Defendants, upon service of the complaint in equity against them are likely to remove Plaintiff's property from its present location at PNC Bank, converting said property to cash, and dissipate Plaintiff's property. C. Plaintiff has reported this matter to the Cumberland County District Attorney and Camp Hill Police Department. Sergeant Michael L. Hope, of the Cam;:> Hill Police Department, in the process of his investigation of this matter for possible criminal prosecution, is about to travel to Pittsburgh to obtain a . statement from Defendants. It is Sergeant Hope's opinion that Defendants may withdraw these funds and that upon doing so, it may be difficult to recover them, causing irreparable harm to the Plaintiff. By letter dated October 23, 1997, a copy of which is attached hereto as Exhibit "B", Sergeant Hope has requested Plaintiff request this Court to "place a hold on [Defendant's] account with PNC Bank", since this cannot be handled by the criminal system without criminal charges being filed and the District Attorney is continuing this investigation prior to filing such charges, D, Immediate and irreparable harm will be sustained by the Plaintiff as the result of Defendants' actions as Plaintiff's ability to continue to remain at Manor Care Nursing Home is seriously jeopardized since her Medicare benefits are insufficient to cover the expenses of her stay at Manor Care and Defendant's have appropriated to their own use and control the substantial majority of Plaintiff's personal funds and life savings without her knowledge, permission or consent. E. Nevertheless, as a result of Defendants' actions, Plaintiff is currently ineligible to apply for Medicaid benefits due to the inappropriate and fraudulent transfer of her assets from herself to Defendants, F. Notice upon the Defendants has not been attempted as Plaintiff's attorney bt"Jlieves that such notice will result in Defendants immediate withdrawal of Plaintiff's property from Defendants' accounts at PNC Bank and immediate dissipation of Plaintiff's property, 5. Plaintiff recognizes that under Pa, R.C,P, No, 1531 a bond is required to be posted before an injunction will be issued against the Defendants, the amount of which is at the discretion of this Court. , 6. Plaintiff requests that this Court to take into consideration the circumotancas of this case, the fact that Plaintiff's finances remain in the control of the Defendants and the serious and irreparable harm that may come to Plaintiff if Defendants are not enjoined as requested herein. 7. On the other hand, Plaintiff believes and therefor avers that though she knows the allegations of her complaint and this petition to be totally with merit, if upon final hearing the Court finds them to be without merit, no harm will have come to Defendants by virtue of the granting of this preliminary injunction as Plaintiff seeks only to "freeze' those assets held by Defendants that Defendants appropriated from her without her knowledge or permission and maintain the status quo pending a final hearing. 8. Accordingly, Plaintiff requests that this Court require Plaintiff to post only a minimum bond amount, not to exceed $5,000.00. WHEREFORE, Plaintiff requests, pursuant to Pa. R.C.P. No. 1531(a), that a preliminary injunction be granted by this Court forthwith, prior to notice and a hearing, in order to preserve the status quo until such time as this Court finally determines the rights of each party by: A. Enjoining Defendants form spending or utilizing any proceeds from the liquidation of Plaintiffs certificates of deposit or Passbook savings account on deposit with PNC Bank or elsewhere; B. Directing that PNC Bank "freeze' such assets as are identified in the complaint attached hereto as Exhibit "A' and not permit any withdrawals or conversion of said assets by Defendants; and . VI!RIFICATION The averments of the foregoing petition are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C,SA Section 4094, relating to unsworn falsification to authorities, October 1:11997 vhuv .c. f~lj SARA C. KUGLER, Attorney-in-fact for Plaintiff Stella E. Wolfe , B~""'IB:rr ".A.- STELLA E. WOLFE, by her .ttomey-In-f.c:t, lARA C. KUGLER PI.lntlff I IN THE COURT OP COMMON PLEAS OP I CUMBERLAND COUNTY PENNIYLVANIA I I CUMBERLAND COUNTY PENNIYLVANIA I CIVIL ACTION. LAW vs. VERDEAN T. WOLFI.nd LAVERNE WOLFE, his wife Defend.nts I NO. 17 - CIVIL TERM I JURY TRIAL DEMANDED COMPLAINT Now comes the Plaintiff, Stella E, Wolfe, by her attorney-In-fact, Sara C. Kugler, and her attorney, Harold S. Irwin, III, Esquire, and files this complaint against the Defendants, Verdean T. Wolfe and Laverne Wolfe, his wife, representing as follows: 1, The Plaintiff, Stella E, Wolfe, is an adult individual residing at Manor Care Nursing Home, 1700 Market Street, Camp Hill, Cumberland County, Pennsylvania 17055, 2, The Defendants, Verdean Wolfe and Laverne Wolfe, his wife, are adult individuals residing at 131 Third Avenue, Pittsburgh, Allegheny County, Pennsylvania, 15229. 3, The Defendant Verdean Wolfe, is the nephew of the Plaintiff. 4. Sara Kugler is a unrelated third party acting on behalf of Plaintiff, pursuant to a power of attorney executed on March 17, 1997. A copy of the power of '. attorney is attached hereto as Plaintiff's Exhibit 'A' and incorporated herein by referenca thereto. 5. In March or April of 1995, the Defendants visited the Plaintiff at Manor Care Nursing Home. 6. During that visit, Defendant Verdean Wolfe presented a document to Plaintiff for her signature. 7, When asked by Plaintiff about the nature of this document, Defendant Verdean Wolfe, falsely and with the intent to deceive Plaintiff, told Plaintiff that this document was 'necessary in order for him to have his name added to Plaintiff's two (2) deeds." e. Defendant Verdean Wolfe further told Plaintiff, falsely and with the intent to decaive Plaintiff, that it was necessary to have his name on Plaintiff's deeds in case "something happened to her [Plaintiff] and the properties needed to be sold." 9. Plaintiff was further told by Defendant Verdean Wolfe, falsely and with the intent to deceive Plaintiff, that without his signature, "Plaintiff's property would go to the state' when Plaintiff died. 10. At the time of the signing, Plaintiff was unrepresented by counsel. 11. Relying on Defendant Verdean Wolfe's representations, Plaintiff executed the document he had presented to her. 2 12, At the time, Plaintiff believed she was executing a document that would only allow Defendant Verdean Wolfe to add his name to her deeds and that this was necessary in order to allow for the properties to be liquidated on her death, 13. At the time of the execution of the above document, Plaintiff did not intend to make a gift of any of her property to Defendant Verdean Wolfe. 14. In fact, Defendant Verdean Wolfe's name was never added to the deeds. 1 S. Plaintiff now believes and therefore avers that the document which DefElndant Verdean Wolfe actually presented to her for signature and which she signed was a general power of attorney, naming Defendant Verdean Wolfe as power of attorney for her. 16, On July 21, 1995, Plaintiff signed herself out of the Manor Care Nursing Home and returned to her residence at in West Fairvlew Township, 17. While at home, Plaintiff was again viSited by the Defendants. 18. During this visit, Defendant Verdean Wolfe took Plaintiff to PNC Bank in Enola, Pennsylvania. 19. While at the Bank, Defendant Verdean Wolfe suggested that Plaintiff appoint him deputy to her safety deposit box with the understanding that he would have aCC8SS to the box only in the event of Plaintiff's incapacitation or death, 20. Relying on Defendant Verdean Wolfe's representations Plaintiff's gave her permission for him to be appointed deputy to her safety deposit box. 3 21, Defendant Verdean Wolfe was then given a second key to Plaintiff's safety deposit box, 22. Defendant Verdean Wolfe still possesses this second key, 23. By delivering this key to her safety deposit box to Defendant Verdean Wolfe, Plaintiff did not intend to make a gift of the contents to him. 24. At the time of Defendant Verdean Wolfe's deputation, Plaintiff's safety deposit box contained the substantial majority of Plaintiff's life savings, comprised of twelve (12) certificates of deposit (CD's), two (2) from PNC Bank and ten (10) from Harris Savings Bank, totaling $164, 397.59. 25. At the time of Defendant Verdean Wolfe's deputation, Plaintiff's safety deposit box also contained two (2) life insurance policies, one insuring the life of Plaintiff and naming Defendant VElrdean Wolfe as beneficiary and a second belongi,..g to Verdean Wolfe naming Plaintiff as beneficiary. 26. Plaintiff's Safety deposit box also contained two deeds to Plaintiffs real property. 27. Each of the twelve (12) CD'S was a JoinVOr account, meaning that either of the signatories could cash the CD's without the other being present. 28. Nine (9) of these CD's were in the names of Plaintiff and Defendant Verdean Wolfe, 29. The remaining three (3) CD's were held in the names of Plaintiff and Defendant Verdean Wolfe's brother, Kenneth B. Wolfe. 4 30, The CD's were held in joint names at the insistence of the Defendant Verdean Wolfe. 31, Specifically, Defendant Verdean Wolfe told Plaintiff, falsely and with the intent to deceive Plaintiff, that if Defendant Verdean Wolfe and his brother, Kenneth Wolfe, did not have their names on the CD's, the money would "go to the state' when Plaintiff died, 32, Relying on Defendant Verdean Wolfe's false and deceitful misrepresentations, Plaintiff had Defendant Verdean Wolfe's name added to nine of Plaintiff's CD's. 33. Relying on Defendant Verdean Wolfe's false and deceitful misrepresentations, Plaintiff had Kenneth Wolfe's name added to three of Plaintiff's CD's. 34. Defendant Verdean Wolfe never had the Plaintiff's permission to cash the CD's for his own use or for any use other than the care, maintenance and support of the Plaintiff, 35, Plaintiff never intended to make an intervivos gift of the CD's, or any share thereof, to Defendant Verdean Wolfe, Defendant's spouse, Laverne Wolfe, or Defendant's brother, Kenneth B. Wolfe. 36, On August 30, 1996, using his authority as deputy and in breach of his fiduciary duty to Plaintiff. Defendant Verdean Wolfe entered Plaintiffs safety deposit box and removed its entire contents, including Plaintiff's CD's, life insurance policies and deeds, s 37. This removal was done without Plaintiff's knowledge or permission, 38 On August 30, 1996, Defendant Verdean Wolfe cashed nine (9) of Plaintiff's CD's, paying $1, 928.81 in penalties and acquiring proceeds totaling $125, 052.02. Copies of the receipts initialed by Defendant Verdean Wolfe, indicating these CD's were in fact cashed are, attached as Plaintiff's exhibit "S' and incorporated herein by reference thereto. 39. The cashing of the Plaintiff's CD's was also undertaken without Plaintiff's knowledge or permission, 40. Using these proceeds, Defendant Verdean Wolfe opened accounts in his and his wife's name at PNC Sank in Pittsburgh, Pennsylvania. 41. On August 30, 1996, Oefendant Verdean Wolfe closed out Plaintiffs Harris Savings Bank Passbook Savings Account, obtaining proceeds totaling $3, 640.65. 42. The closing of Plaintiff's saving account was also undertaken without Plaintiff's knowledge or permission. 43. These proceeds were also deposited by Defendant Verdean Wolfe In the PNC accounts opened in Pittsburgh. 44. On March 4, 1997, Plaintiff executed a new power of attomey naming Sara C. Kugler as power of attorney, thereby revoking all prior powers of attorney. 45. It was not until Sara C. Kugler became power of attorney for Plaintiff that Defendant Verdean Wolfe's activities were discovered. 6 46 Specifically, is was not until Sara C. Kugler attempted to liquidate Plaintiff's estate for the benefit of Plaintiff, that she discovered that nine (9) of Plaintiff's CD's had been cashed by Defendant Verdean Wolfe. 47. It was also around this lime that Sara C. Kugler discovered that one of Plaintiff's CD's had apparently been cashed by Defendant Verdean Wolfe in April of 1996, with Defendant acquiring proceeds totaling $10,000.00. 48. On March 11, 1997, a copy of the new power of attorney, accompanied by a letter from Plaintiff's attorney, was sent to Defendant Verdean Wolfe demanding the return of the contents of Plaintiff's safety deposit box, including the proceeds of Plaintiff's CD's, her life insurance policy and her deeds. A copy of the letter Is attached as Plaintiff's Exhibit 'C' and incorporated herein lJy reference thereto, 49. Plaintiff received no response from Defendant Verdean Wolfe, 50. On March 17, 1997, Plaintiff executed a second power of attorney naming Sara C, Kugler as power of attorney. A copy of current power of attorney is attached as Plaintiff's Exhibit 'A' and incorporated herein by reference thereto. 51. A second letter was sent to Defendant Verdean Wolfe on March 25, 1997, again demanding that he return Plaintiffs property, and again no response was forthcoming. A copy of this letter is attached as Plaintiff's Exhibit "D' and incorporated herein by reference thereto. 52, To date, neither Defendant has returned Plaintiff's property nor have they offered an explanation why it was taken from Plaintiff's lawful possession, 7 53, Plaintiff is currently a resident at Manor Care Nursing Home in Camp Hill, Pennsylvania, 54. Plaintiff's currently monthly expenses for her room and care at Manor Care Nursing Home exceed $4,000 a month, 55. As a result of Defendants' actions, Plaintiff's ability to continue to remain at Manor Care Nursing Home is seriously jeopardized, as her Medicare benefits are insufficient to cover the expenses of her stay at Manor Care and Defendant's have appropriated to their own use and control the substantial majority of Plaintiff's personal funds and life savings without her knowledge, permission or consent. 56. Nevertheless, as a result of Defendants' actions, Plaintiff is currently ineligible to apply for Medicaid benefits due to the inappropriate and fraudulent transfer of her assets from herself to Defendants, 57, Through her power of attorney, Plaintiff was able to liquidate her life insurance policy, despite Defendant Verdean Wolfe invasion of her safety deposit box and retention of the policy against Plaintiff's wishes, 58 Despite this liquidation, Plaintiff remains in a precarious financial situation as a result of the activities of both Defendants. 59, Plaintiff, through her attorneys, has repeatedly asked Defendant Verdean Wolfe to return her property and the proceeds obtained therefrom, but Defendant has without justification repeatedly refused to do so, thereby causing Plaintiff immediate and irreparable harm, which harm will continue unless Defendant's actions are enjoined and for which there is no adequate remedy at law. 8 COUNl I: FMUD A2&~~T VER!2t;AN WOl"ff; 60, Paragraphs 1 through 59 of Plaintiff's complaint are incorporated herein by reference thereto. 61. As a result of the familial relationship between Plaintiff and Defendant Verdean Wolfe, Plaintiff placed her utmost trust in Defendant Verdean Wolfe to care for her financial well being in the event that she was unable to act in her own best interest. 62, By false information and deceptive manipulation of this trust, Defendant Verdean Wolfe was able to induce Plaintiff to: A) place her entire life savings in joint CD's with Defendant Verdean Wolfe and his brother, Kenneth B, Wolfe, B) execute a power of attorney naming Defendant Verdean Wolfe as power of attorney and C) grant Defendant Verdean Wolfe deputy power over her safety deposit box, giving him unfettered access to over $168,000.00 of Plaintiff's property. 63. Specifically, Defendant Verdean Wolfe knowingly, deceitfully and fraudulently misrepresented to Plaintiff that his control over Plaintiff's finances and real property was solely for Plaintiff's benefit should she become incapacitated and was necessary for liquidation upon Plaintiff's death. 64. Defendant Verdean Wolfe intended Plaintiff to rely on his deceitful and fraudulent misrepresentations, and she did in fact rely theraon. 65, As a direct and proximate result of Defendant Verdean Wolfe's fraudulent and deceitful actions, Plaintiff has suffered and will continue to suffer immediate and irreparable harm, which harm will continue and cannot be adequately remedied at law, 9 66. As a result of Defendant Verdean Wolfe's giving of false and decaitful information to Plaintiff and his deceptive manipulation of Plaintiff, Plaintiff suffered damages in excess of $168,000.00. 67. By exploiting the familial relationship and trust that existed between Plaintiff and Defendant Verdean Wolfe in order to gain access to Plaintiff's life savings, Defendant Verdean Wolfe acted willfully, intentionally, deliberately and fraudulently, with such evil motive and wanton disregard for Plaintiff's well being that an award of punitive damages is justified. 68. Defendant Verdean Wolfe's actions were also in bad faith, justifying an award of attorney's fees pursuant to 42 Pa. C.SA ~ 2503 (9), WHEREFORE Plaintiff demands judgment against Defendant Verdean Wolfe in excess of $168,000.00 in compensatory damages, plus punitive damages, interest. costs and attorney's fees, and that the Court enter injunctive relief, preliminary until final hearing and permanently thereafter providing as follows: (a) Enjoining Defendants from withdrawing, spending or in any way using the proceeds of Plaintiff's CD's or passbook savings account; (b) Ordering an accounting for all funds or other assets of Plaintiff obtained by Defendants; (c) Ordering Defendants to make Plaintiff whole for all sums misappropriated by Defendants; 10 (d) Ordering that Defendants return to Plaintiff all of Plaintiff's property in their possession and control, including, but not limited to her life insurance policy and her two deeds; and (e) Such other relief as the Court may deem appropriate. COUNT.!I: CONVERSION AGAINST VERDEAN WOLFE 69, Paragraphs 1 through 68 of Plaintiff's complaint are incorporated herein by referenca thereto, 70, At all times prior to Defendant Verdean Wolfe's removal of Plaintiff's CD's, life insurance policy and deeds from her PNC safety deposit box, Plaintiff was the lawful possessor of this property, 71. On August 30, 1997, Defendant Verdean Wolfe wrongfully, intentionally and without lawful justification removed Plaintiffs property from her safety deposit box and exercised unreasonable dominion and control over this property to the exclusion of the Plaintiff and breached his fiduciary duty to Plaintiff by: A) cashing Plaintiff's twelve CD's and depositing the proceeds into bank accounts in his and his wife's name, B) retaining possession of Plaintiffs insurance policy and deeds to her real property and C) refusing to return Plaintiffs property despite Plaintiff's and Plaintiff's attorneys' insistence that said property be returned, 72, On August 30,1997, Defendant Verdean Wolfe wrongfully, intentionally and without lawful justification closed out Plaintiff's Harris Savings Bank Passbook Savings Account and deposited the funds into bank accounts in his and Laverne Wolfe's name. I l 11 73. Without said funds, Plaintiff will be unable to maintain her necessary residency and care at Manor Care Nursing Facility, or in the alternative, will be forced to sell her real property in order to maintain her necessary residence and care at Manor Care. 74. The Defendant Verde an Wolfe, on demand of the Plaintiff and Plaintiff's attorney refused to deliver Plaintiff's property to Plainliff and continues to refuse to do so. 75. As a direct and proximate result of Defendant's actions, Plaintiff has suffered and conlinues to suffer immediate and irreparable harm, which harm will continue and cannot be adequately remedied at law. 76. As a result of Defendant Verdean Wolfe's unlawful conversion of Plaintiff's property to his own and his wife's separate use and control, Plaintiff has suffered damages in excess of $168,000.00. 77. By exploiting the familial relationship and trust that existed between Plaintiff and Defendant Verdean Wolfe in order to convert Plaintiff's entire life savings, Defendant Verdean Wolfe acted intentionally, deliberately, deceitfully and fraudulently, with gross indifference to Plaintiff's rights and with such an evil motive that an award of punitive damages is justified, 78. Defendants Verdean Wolfe's actions were in bad faith justifying an award of attorney's fees pursuant to 42 Pa, C.S.A ~2503 (9). WHEREFORE Plaintiff demands judgment against Defendant Verdean Wolfe in excess of $168,000,00 in compensatory damages, plus punitive damages, interest, t2 costs and attorney's fees, and that the Court enter injunctive relief, preliminary until final hearing and permanently thereafter providing as follows: (a) Enjoining Defendants f~om withdrawing, spending or in any way using the proceeds of Plaintiff's CD's or passbook savings account; (b) Ordering an accounting for all funds or other assets of Plaintiff obtained by Defendants; (c) Ordering Defendants to make Plaintiff whole for all sums misappropriated by Defendants; (d) Ordering that Defendants return to Plaintiff all of Plaintiffs property in their possession and control, including, but not limited to her life insurance policy and her two deeds; and (e) Such other relief as the Court may deem appropriate, COUNT III: BREACH OF FIDUCIARY DUTY AGAINST VERDEAN WOLf-g 79, Paragraphs 1 through 78 of Plaintiff's complaint are incorporated herein by reference thereto. 80. By virtue of his relationship to Plaintiff, Defendant Verdean Wolfe owed a fiduciary duty to Plaintiff. 13 (d) Ordering that Defendants return to Plaintiff all of Plaintiff's property in their possession and control, including, but not limited to her life insurance policy and her two deeds; and (e) Such other relief as the Court may deem appropriate. COUNT IV: TRESPASS TO CHATTELS AGAINST VERDEAN WOLFE and LAVERNE WOLFf; 84. Paragraphs 1 through 83 of Plaintiff's complaint are incorporated herein by reference thereto. 85. Plaintiff's assets have been placed in joint accounts in the names of both Defendants, 86. By having their name on the accounts, DefendEtnts continue to exercise dominion and control over Plaintiff's property. 87, This dominion and control is to the exclusion of any control Plaintiff would have been able to lawfully exercise had the property remained in Plaintiff's rightful possession. 88. Defendants have continued access to Plaintiff's property. 89, Defendants have failed to use this accass to return Plaintiff's property to Plaintiff; In fact, Defendants have actually used this access to fraudulently convert all of Plaintiffs life's savings to their own sole and separate use and control. IS 90, As a direct and proximate result of Defendants' actions, Plaintiff has suffered and continues to suffer immediate and irreparable harm, which harm will continue and cannot be adequately remedied at law. 91. As a result of Defendants interference with Plaintiff's property, Plaintiff suffered damages in excess of $168,000,00. 92. Defendants intentional, deceitful and fraudulent interference with Plaintiff's property rights was undertaken with gross indifference to Plaintiff's well being and with such an evil motive that an award of punitive damages is justified, 93. Defendants intentional interference with Plaintiff's property rights was undertaken with bad faith justifying an award of attorney's fees pursuant to 42 Pa. C.SA S2503 (9). WHEREFORE Plaintiff demands judgment against Defendant Verdean Wolfe in excess of $168,000.00 in compensatory damages, plus punitive damages, interest, costs and attorney's fees, and that the Court enter injunctive relief, preliminary until final hearing and permanently thereafter providing as follows: (a) Enjoining Defendants from withdrawing, spending or in any way using the proceeds of Plaintiff's CD's or passbook savings account; (b) Ordering an accounting for all funds or other assets of Plaintiff obtained by Defendants; (c) Ordering Defendants to make Plaintiff whole for all sums misappropriated by Defendants; 16 VI!RIFICATION The averments of the foregoing complaint are true and correct to the best of my knowledge, information and belief, I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. October '2---, .1997 Ju~ {!.~~ SARA C. KUGLER, ttomey-In-tact tor Plaintiff Stella E. 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IRWIN, m A TTORNEY.AT.LAW HAROLD S, 111_. III JOY S, ZEIIANCI 'AAALlOAL. HITNER HOUSE. SUITES 201 end 202 311 EAST HIGH STREET CARU8LE. PENNSYLVANIA 17013 _. cenp."n. t:tJm/kw1nl ..m.l/: ;,wInMwo.plx,n.t 717.243-101O - 717.243-1200 .At:tlIMa March 2S, 1997 VERDEAN WOLFE IJI JRD AVE PITTSBURGH PA lSl19 RE: Stella Wolre Power or Attorney Dear Mr. Wolre: I wrote to you on Man:h II, 1997 regardins the revocatioD of the power of attorney previously scanted to you. I a1Jo requested the immediate return of all property in your possession and comrol wbich belonp to Mrs. Wolfe. I have a siped return receipt card indicating that you received my letter on Marth 17, 1991. I have left two phone m...~sea with you since that time, attempting to speak with you about this, but you have not returned these calls. This letter is to advise you that if I have not heard from you in writing and have not received from you all such property by April 7, 1997. I will then recommend to Mrs, Wolfe that we contact the District Attorney in Pinsbursh to talce appropriate action to secure the return of Mes, Wolfe's property. ~, Wolfe is quite upset about this, so I sincerely hope this step will Dot be necessary, STKl.LA WOLR C/O LUA K1IGUIl 45J sun aD WESt' ,.u:avmw PA 17GS STELLA II. WOLFE, by her .ttomey-In-fac:t, lAllA C. KUGLER PI.lntlff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY PENNSYLVANIA . . VS. I CUMBERLAND COUNT., PENNSYLVANIA : CIVIL ACTION - LAW : &lu',~ I NO. 17 - me) GWK. TERM VIRDEAN T. WOLFE .nd LAVERNE WOLFE, hi. wife Defend.nts : JURY TRIAL DEMANDED , i '. .-! COMPLAINT Now comes the Plaintiff, Stella E. Wolfe, by her attorney-in-fact, Sara C, Kugler, and her attorney, Harold S, Irwin, III, Esquire, and files this complaint against the Defendants, Verdean T, Wolfe and Laverne Wolfe, his wife, representing as follows: 1. The Plaintiff, Stella E. Wolfe, is an adult individual residing at Manor Care Nursing Home, 1700 Market Street, Camp Hill, Cumberland County, Pennsylvania 17055. 2. The Defendants, Verdean Wolfe and Laverne Wolfe, his wife, are adult individuals residing at 131 Third Avenue, Pittsburgh, Allegheny County, Pennsylvania, 15229. 3. The Defendant Verdean Wolfe, is the nephew of the Plaintiff. 4. Sara Kugler is a unrelated third party acting on behalf of Plaintiff, pursuant to a power of attorney executed on March 17, 1997, A copy of the power of HlUE COpy FROM RECORD 'n ]'"'i\iilony wner6ol, I here unto lit"'" hand 'r,.1 t~a seJl of Sdld Court at Carlisle, PI. .':; cB.~IJ day of L2C.i., , lW \. ,:",0.. l~( l~n(\'l'l..}k.. ProltlOllOtary . attorney is attached hereto as Plaintiff's Exhibit 'A' and incorporated herein by reference thereto. 5. In March or April of 1995, the Defendants visited the Plaintiff at Manor Care Nursing Home. 6. During that visit, Defendant Verdean Wolfe presented a document to Plaintiff for her sig'1ature. 7. When asked by Plaintiff about the nature of this document, Defendant Verdean Wolfe, falsely and with the intent to deceive Plaintiff, told Plaintiff that this document was "necessary in order for him to have his name added to Plaintiff's two (2) deeds." 8, Defendant Verdean Wolfe further told Plaintiff, falsely and with the intent to decaive Plaintiff, that it was necessary to have his name on Plaintiff's deeds in case "something happened to her [Plaintiff] and the properties needed to be sold." 9. Plaintiff was further told by Defendant Verdean Wolfe, falsely and with the intent to deceive Plaintiff, that without his signature, "Plaintiff's property would go to the state' when Plaintiff died. 10. At the time of the signing, Plaintiff was unrepresented by counsel. 11. Relying on Defendant Verdean Wolfe's representations, Plaintiff executed the document he had presented to her. 2 21. Defendant Verdean Wolfe was then given a second key to Plaintiff s safety deposit box. 22, Defendant Verdean Wolfe still possesses this second key. 23. By delivering this key to her safety deposit box to Defendant Verdean Wolfe, Plaintiff did not intend to make a gift of the contents to him, 24. At the time of Defendant Verdean Wolfe's deputation, Plaintiff's safety deposit box contained the substantial majority of Plaintiff's life savings, comprised of twelve (12) certificates of deposit (CD's), two (2) from PNC Bank and ten (10) from Harris Savings Bank, totaling $164, 397.59. 25, At the time of Defendant Verdean Wolfe's deputation, Plaintiff's safety deposit box also contained two (2) life insurance policies, one insuring the life of Plaintiff and naming Defendant Verdean Wolfe as beneficiary and a second belonging to Verdean Wolfe naming Plaintiff as beneficiary. 26. Plaintiff's Safety deposit box also contained two deeds to Plaintiff's real property. 27, Each of the twelve (12) CD'S was a JointJOr account, meaning that either of the signatories could cash the CD's without the other being present. 28, Nine (9) of these CD's were in the names of Plaintiff and Defendant Verdean Wolfe. 29, The remaining three (3) CD's were held in the names of Plaintiff and Defendant Verdean Wolfe's brother, Kenneth B. Wolfe. 4 30, The CD's were held in joint names at the insistence of the Defendant Verdean Wolfe. 31. Specifically, Defendant Verdean Wolfe told Plaintiff, falsely and with the intent to deceive Plaintiff, that if Defendant Verdean Wolfe and his brother, Kenneth Wolfe, did not have their names on the CD's, the money would "go to the state' when Plaintiff died. 32. Relying on Defendant Verdean Wolfe's false and decaitful misrepresentations, Plaintiff had Defendant Verdean Wolfe's name added to nine of Plaintiffs CD's. 33. Relying on Defendan~ Verdean Wolfe's false and deceitful misrepresentations, Plaintiff had Kenneth Wolfe's name added to three of Plaintiff's CD's. 34. Defendant Verdean Wolfe never had the Plaintiff's permission to cash the CD's for his own use or for any use other than the care, maintenanca and support of the Plaintiff. 35. Plaintiff never intended to make an intervivos gift of the CD's, or any share thereof, to Defendant Verdean Wolfe, Defendant's spouse, Laverne Wolfe, or Defendant's brother, Kenneth B. Wolfe. 36. On August 30, 1996, using his authority as deputy and in breach of his fiduciary duty to Plaintiff, Defendant Verdean Wolfe entered Plaintiffs safety deposit box and removed its entire contents, including Plaintiff's CD's, life insurance policies and deeds. 5 37. This removal was done without Plainliff's knowledge or permission. 38 On August 30, 1996, Defendant Verdean Wolfe cashed nine (9) of Plaintiff's CD's, paying $1,928.81 in penalties and acquiring proceeds totaling $125, 052.02. Copies of the receipts initialed by Defendant Verdean Wolfe, indicating these CD's were in fact cashed are, attached as Plaintiff's exhibit "B" arid incorporated herein by reference thereto. 39. The cashing of the Plaintiff's CD's was also undertaken without Plaintiff's knowledge or permission. 40. Using these proceeds, Defendant Verdean Wolfe opened accounts in his and his wife's name at PNC Bank in Pittsburgh, Pennsylvania. 41. On August 30, 1996, Defendant Verdean Wolfe closed out Plaintiff's Harris Savings Bank Passbook Savings Account, obtaining proceeds ~otaling $3, 640.65. 42. The closing of Plaintiff's saving account was also undertaken without Plaintiff's knowledge or permission. 43. These proceeds were also deposited by Defendant Verdean Wolfe in the PNC accounts opened in Pittsburgh, 44. On March 4, 1997, Plaintiff executed a new power of attorney naming Sara C. Kugler as power of attorney, thereby revoking all prior powers of attorney, 45. It was not until Sara C. Kugler became power of attorney for Plaintiff that Defendant Verdean Wolfe's activities were discovered. 6 46 Specifically, is was not until Sara C Kugler attempted to liquidate Plaintiff's estate for the benefit of Plaintiff, that she discovered that nine (9) of Plaintiff's CD's had been cashed by Defendant Verdean Wolfe 47. It was also around this time that Sara C Kugler discovered that one of Plaintiff's CD's had apparently been cashed by Defendant Verdean Wolfe In April of 1996, with Defendant acquiring proceeds totaling $10,000,00 48. On March 11, 1997, a copy of the new power of attorney, accompanied by a letter from Plaintiff's allorney, was sent to Defendant Verdean Wolfe demanding the return of the contents of Plaintiff's safety depOSit box, Including the proceeds of Plaintiff's CD's, her life insurance policy and her deeds. A copy of the letter Is attached as Plaintiff's Exhibit "C' and incorporated herein by reference thereto, 49. Plaintiff received no response fro'll Defendant Verdean Wolfe, 50. On March 17, 1997, Plaintiff executed a second power of attorney naming Sara C. Kugler as power of attorney. A copy of current power of attorney Is attached as Plaintiff's Exhibit 'A' and incorpo~ated herein by reference thereto. 51. A second letter was sent to Defendant Verdean Wolfe on March 25, 1991, again demanding that he return Plai"tlff's property, and again no response was forthcoming. A copy of this leller is attached as Plaintiff's Exhibit "D' and Incorporated herein by reference thereto. 52. To date, neither Defendant has returned Plaintiff's property nor have they offered an explanation why it was taken from Plaintiff's lawful possession, 7 53. Plaintiff is currently a resident at Manor Care Nursing Home in Camp Hill, Pennsylvania. 54, Plaintiff's currently monthly expenses for her room and care at Manor Care Nursing Home exceed $4,000 a month, 55. As a result of Defendants' actions, Plaintiff's ability to continue to remain at Manor Care Nursing Home is seriously jeopardized, as her Medicare benefits are insufficient to cover the expenses of her stay at Manor Care and Defendant's have appropriated to their own use and control the substantial majority of Plainliff's personal funds and life savings without her knowledge, permission or consent. 56. Nevertheless, as a result of Defendants' actions, Plaintiff is currently ineligible to apply for Medicaid benefits due to the inappropriate and fraudulent transfer of her assets from herself to Defendants. 57. Through her power of attorney, Plaintiff was able to liquidate her life insurance policy, despite Defendant Verdean Wolfe invasion of her safety deposit box and retention of the policy against Plaintiff's wishes. 58 Despite this liquidation, Plaintiff remains in a precarious financial situation as a result of the activities of both Defendants. 59. Plaintiff, through her attorneys, has repeatedly asked Defendant Verdean Wolfe to return her property and the proceeds obtained therefrom, but Defendant has without justification repeatedly refused to do so, thereby causing Plaintiff immediate and irreparable harm, which harm will continue unless Defendant's actions are enjoined and for which there is no adequate remedy at law. 8 ~ 60. Paragraphs 1 through 59 of Plalnllff's complaint are incorporated herein by reference thereto 61. As a result of the familial relallonshlp between Plaintiff and Defendant Verdean Wolfe, Plaintiff placed her utmost trust in Defendant Verdean Wolfe to care for her financial welt being In the tlvenllhat ahe was unable to act in her own bast interest. 152. By false information and deceptive manipulation of this trust, Defendant Verdean Wolfe was able to Induce Plalnllff to A) place her entire life savings in joint CD's with Defendant Verde an Wolfe and his brother, Kenneth B. Wolfe, B) execute a power of attorney naming Defendant Verdean Wolfe as power of attorney and C) grant Defendant Verdean Wolfe deputy power over her safety deposit box, giving him unfettered access to over $168,00000 of Plaintiff's property. 63. SpeCifically, Defendant Verdean Wolfe knowingly, deceitfully and fraudulently misrepresented to Plaintiff that his control over Plaintiff's financas and real property was solely for Plalnliffs benefit should she become incapacitated and was necessary for liquldallon upon Plaintiff's death. 64 Defendant Verdean Wolfe intended Plaintiff to rely on his deceitful and fraudulent mlsreprasentations, and she did in fact rely thereon. 65. As e direct and proximate result of Defendant Verdean Wolfe's fraudulent and deceitful actions, Plaintiff has suffered and will continue to suffer immediate and irreparable harm, which harm will continue and cannot be adequately remedied at law, 9 66. As a result of Defendant Verdean Wolfe's giving of falsE! and deceitful information to Plaintiff and his deceptive manipulation of Plaintiff, Plaintiff suffered damages in excess of $168,000.00, 67. By exploiting the familial relationship and trust that existed between Plaintiff and Defendant Verdean Wolfe in order to gain access to Plaintiff's life savings, Defendant Verdean Wolfe acted willfully, intentionally, deliberately and fraudulently, with such evil motive and wanton disregard for Plaintiff's well being that an award of punitive damages is justified. 68, Defendant Verdean Wolfe's actions were also in bad faith, justifying an award of attorney's fees pursuant to 42 Pa. C.SA 92503 (9). WHEREFORE Plaintiff demands judgment against Defendant Verdean Wolfe in excess of $168,000.00 in compensatory damages, plus punitive damages, interest, costs and attorney's fees, and that the Court enter injunctive relief, preliminary until final hearing and permanently thereafter providing as follows: (a) Enjoining Defendants from withdrawing, spending or in any way using the proceeds of Plaintiff's CD's or passbook savings account; (b) Ordering an accounting for all funds or other assets of Plaintiff obtained by Defendants; (c) Ordering Defendants to make Plaintiff whole for all sums misappropriated by Defendants; to (d) Ordering that Defend.mts return to Plaintiff all of Plaintiff's property in their possession and control, including, but not limited to her life insurance policy and her two deeds; and (e) Such other relief as the Court may deem appropriate. COUNT II: CONVERSION AGAIN~T VERDEAN WOLF~ 69. Paragraphs 1 through 68 of Plaintiff's complaint are incorporated herein by referenca thereto. 70. At all times prior to Defendant Verdean Wolfe's removal of Plaintiff's CD's, life insurance policy and deeds from her PNC safety deposit box, Plaintiff was the lawful possessor of this property. 71. On August 30, 1997, Defendant Verdean Wolfe wrongfully, intentionally and without lawful justification removed Plaintiff's property from her safety deposit box and exercised unreasonable dominion and control over this property to the exclusion of the Plaintiff and breached his fiduciary duty to Plaintiff by: A) cashing Plaintiff's twelve CD's and depositing the proceeds into bank accounts in his and his wife's name, B) retaining possession of Plaintiff's insurance policy and deeds to her real property and C) refusing to return Plaintiff's property despite Plaintiffs and Plaintiff's attorneys' insistence that said property be returned. 72. On August 30, 1997, Defendant Verdean Wolfe wrongfully, intentionally and without lawful justification closed out Plaintiff's Harris Savings Bank Passbook Savings Account and deposited the funds into bank accounts in his and Laverne Wolfe's name. II 73. Without said funds, Plaintiff will be unable to maintain her necassary residency and care at Manor Care Nursing Facility, or in the alternative, will be forcad to sell her real property in order to maintain her necessary residence and care at Manor Care. 74. The Defendant Verdean Wolfe, on demand of the Plaintiff and Plaintiff's attorney refused to deliver Plaintiff's property to Plaintiff and continues to refuse to do so. 75. As a direct and proximate result of Defendant's actions, Plaintiff has suffered and continues to suffer immediate and irreparable harm, which harm will continue and cannot be adequately remedied at law. 76. As a result of Defendant Verdean Wolfe's unlawful conversion of Plaintiff's property to his own and his wife's separate use and control, Plaintiff has suffered damages in excess of $168,000.00. 77, By exploiting the familial relationship and trust that existed between Plaintiff and Defendant Verdean Wolfe in order to convert Plaintiff's entire life savings, Defendant Verdean Wolfe acted intentionally, deliberately, deceitfully and fraudulently, with gross indifference to Plaintiff's rights and with such an evil motive that an award of punitive damages is justified. 78, Defendants Verdean Wolfe's actions were in bad faith justifying an award of attorney's fees pursuant to 42 Pa. C.S.A. ~2503 (9). WHEREFORE Plaintiff demands judgment against Defendant Verdean Wolfe in excess of $168,000.00 in compensatory damages, plus punitive damages, interest, 12 costs and attorney's fees, and that the Court enter injunctive relief, preliminary until final hearing and permanently thereafter providing as follows: (a) Enjoining Defendants from withdrawing, spending or in any way using the proceeds of Plaintiffs CD's or passbook savings account; (b) Ordering an accounting for all funds or other assets of Plaintiff obtained by Defendants; (c) Ordering Defendants to make Plaintiff whole for all sums misappropriated by Defendants; (d) Ordering that Defendants return to Plaintiff all of Plaintiff's property in their possession and control, including, but not limited to her life Insurance poiicy end her two deeds; and (e) Such other relief as the Court may deem appropriate. COUNT III; BREACIi QF FIDUCIARY DUTY AGAINST VERDEAN WOLFE 79, Paragraphs 1 through 78 of Plaintiffs complaint are incorporated herein by reference thereto. 80. By virtue of his relationship to Plaintiff, Defendant Verdean Wolfe owed a fiduciary duty to Plaintiff. t3 81. Plaintiff believes and therefor avers that Defendant Verdean Wolfe misappropriated and used for his own purposes funds belonging to Plaintiff and which were to be used solely in connection with the care and maintenance of Plaintiff, 82. Without the aforesaid funds, Plaintiff will be unable to maintain her necessary care and residency at Manor Care Nursing Facility, or in the alternative, will be forced to sell her real property in order tom maintain her necessary residency and care at Manor Care. 83. As a direct and proximate result of Defendants' actions, Plaintiff has suffered and continues to suffer immediate and irreparable harm, which harm is likely to continue and cannot be adequately remedied at law. WHEREFORE Plaintiff demands judgment against Defendant Verdean Wolfe in excess of $168,000.00 in compensatory damages, plus punitive damages, interest, costs and attorney's fees, and that the Court enter injunctive relief, preliminary until final hearing and permanently thereafter providing as follows: (a) Enjoining Defendants from withdrawing, spending or in any way using the proceeds of Plaintiff's CD's or passbook savings account; (b) Ordering an accounting for all funds or other assets of Plaintiff obtained by Defendants; (c) Ordering Defendants to make Plaintiff whole for all sums misappropriated by Defendants; t4 (d) Ordering that Defendants return to Plaintiff all of Plaintiff's property in their possession and control, including, but not limited to her life insurance policy and her two deeds; and (e) Such other relief as the Court may deem appropriate. COUNT IV: TRESPASS TO CHATTELS AGAINST VERDEAN WOLFE and LAVERNE WOLFE 84, Paragraphs 1 through 83 of Plaintiff's complaint are incorporated herein by reference thereto. 85. Plaintiff's assets have been placed in joint accollnts in the names of both Defendants, 86. By having their name on the accounts, Defendants continue to exercise dominion and control over Plaintiff's property. 87. This dominion and control is to the exclusion of any control Plaintiff would have been able to lawfully exercise had the property remained in Plaintiff's rightful possession. 88. Defendants have continued access to Plaintiff's property. 89. Defendants have failed to use this access to return Plaintiff's property to Plaintiff; in fact, Defendants have actually used this access to fraudulently convert all of Plaintiff's life's savings to their own sole and separate use and control. 15 90. As a direct and proximate result of Defendants' actions, Plaintiff has suffered and continues to suffer immediate and irreparable harm, which harm will continue and cannot be adequately remedied at law, 91. As a result of Defendants interference with Plaintiff's property, Plaintiff suffered damages in excess of $168,000.00. 92. Defendants intentional, deceitful and fraudulent interference with Plaintiffs property rights was undertaken with gross indifference to Plaintiff's well being and with such an evil motive that an award of punitive damages is justified, 93. Defendants intentional interference with Plaintiff's property rights was undertaken with bad faith justifying an award of attorney's fees pursuant to 42 Pa, C.S.A. ~2503 (9). WHEREFORE Plaintiff demands judgment against Defendant Verdean Wolfe in excess of $168,000.00 in compensatory damages, plus punitive damages, interest, costs and attorney's fees, and that the Court enter injunctive relief, preliminary until final hearing and permanently thereafter providing as follows: (a) Enjoining Defendants from withdrawing, spending or in any way using the proceeds of Plaintiffs CD's or passbook savings account; (b) Ordering an accounting for all funds or other assets of Plaintiff obtained by Defendants; (c) Ordering Defendants to make Plaintiff whole for all sums misappropriated by Defendants; 16 (d) Ordering that Defendants return to Plaintiff all of Plaintiff's property in their possession and control, Including, but not limited to her life insuranca policy and her two deeds; and (e) Such other relief as the Court may deem appropriate. 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"""mJ~'#i"::'i:';':""'''':'' ...."~~;.,1:i"i~..'..olI!;..'\. .-~' . ,,;..~..t,~!,t',I!~" . :~~"J " _~::-;.,~..~?t-,~'~1tr:h':""'~'''~';'l,''~;:~i,:j.(hi ..~~brt. '. . .' " .'" ,'1.... ~ ".:..,"... .'<'l.~..,.:'.'..!.l "~ ~'....r'.$l:" \"i'l\t'~..r,' . \ .". . : ':i .,j.l;...! ':;'..~ "!,'. , .,;'.' ~::",~"'~:",.1J'1r.>....;r,,~,ii1w;j::; N {!~}:~~~~ IleaNa AND ~lN~ trlll'PI HAllIfUSIUAQ. PINNS"\'..,4NIA 11101 ,tllu....(11 IW~] 3100419 f ~ .....1.'40.'~.: .~~~. /~~ U'ly~...I.AJ\I~.' It....... 04()olO"I~: ... "1. '4t1 DOllArs AflO " cEin...' '. DA1' ~-lO~" , .i!Cllfl I: uoVt ~'U tiC Ail T uo'" I 410 Sfll IE IT . ~'J. ...... 4". U!;AIlUij.'" 110~.. Jon! t : '. ~~'102 ':"""~;-:-~"'" ' . ",," .~.: '. ;.f:' ..' ~f'~ ." ..... .....f. _. "'.. ,.... :1"...,;J.t ,.~..::......' ;:: . . ~ ~ .' . ,., ,:.; . :~. .,\:' J~'t~ ;.:_".", " .. ".".' ~.. . .,,;'. .'f.l.:.,.!~ ~,tr-.-1'"",: '.'. .... ..! . .......,:... .~~~:.:~.;';,:.::.~;;~il4'~~:t' /:~~ . .." ." ,..~'.. ". I ..... '," ~f:,...7t; :10: .~ ~.:', . ~>~.'. ,-:.1.'?;. ::.~~~' <!~ .,.. .....~'. ~...:t!:...1;'l.~ ~f .......;, -1--- - (gHAI~RIS .. SAVIN(;S BANK "CONO AND 'I....! STlIllrrTI "MAI'DURol 'INNI,\'YANIA u,Mf , 112>>-40'1 ~\\\ 1~1 ~1"'.""~C""'" """.u O'UOOUO' " .,~ ... " ..: . ',' ,', ; '. ': :/':~:r.... "4.14' l:!: STELL II E ~OVE YUll[liI~ T UOU[ 410 ,"nn IT ,...........'-................ "[3' II' ~. ,,' ;...... ". ~ . .' ;:' . '..' ., '. .t'" ..... ""';f;;~'" :.," ';,!.' ,;l:'~lt:.'J ,:,-:,'''',,,~~:;;..'':';'j.. ", If' . , " ........ ~,., ., :. .... .'. ...-;..... 'f. .. , .'.. .,'..' ~.:.- ,~, .,.~.;~I".;.~. .'. ".~~~" .... '~~":"I ' ( .... ,.....-.0... ,t..,.'. LA W OFFlCI8 OF HAROLD S.IRWOI, m A TTORNIY,A r.LA W HAROLD I, IRWIN. III JOY I, IIRANCI ......- HITNER HOUSE. SUITES 201 and 202 38 EAST HIOH STREET CARUSLI!. PENNSYLVANIA 17013 _w.t:Mpenn, r:om/lrwln/ .fNiI: Itwinlilwfl-pbt,n.' 717.Z43-tOtO - 717.Z43-IZoo ,....-. MUfh 11.1997 VIRDEAN WOLfE IJI JIlP AVE PITTSBURGH PA 15119 HE: STELLA WOLFE Po..er 01 Anol'1ley Dear Mr. Wolle: Enclosed please lIIId a cop)' of the IICW power oC 1UO/llC)' _led by Stella Wolle, ThiI _ power oC allorney revokes the prevlOUl power of allo/llC)' liven 10 you by MR. WolCe. Since )'OII1lll1lO Ionpr autborized 10 ICl 00 beball of MJ. WoICe, plCllll forward to me Imnvo.dl11ely all ccrtillcates 01 dcpo8il, cIecdI, iDIuraDaI poIIcla, wiIJJ or copies of..w., the IICct)' depoIil box keys and any other propeny or dol:wDcDlI )'01111II)' hne beJoosiDlto or relatln. 10 SlC11a WoJCe. I sugtlllhat )'OII1tDd 1hiI malCriaJ 10 llIC by relislcrcd. iIIsured mall In order to prolCCt against 10SI1n the mail I)'I\cDL IC)'OIIIet me !mow the COltS involved for IhiJ, I wtU _ that)'Ollllll mmbursed. If you have any question aboulthiS. please feel free 10 coDlact me. However. I expect WI you wtll honor this request in a timely manner. Thank you for your cooperation in this malter. . bal STRl.A WOLfl C/O lARA KUOUll 413 STATI RD WElT 'AIRVIIW 'A 110Z1 tA W OFFlCIS OF HAROLD S. IRWIN, m A TTORNEY.A r.tA w HAROLO S. IRWIN. III JOY S. ZERANCE '''AAUOAL HITNER HOUSE. SUITES 201 .nd 202 35 EAST HIOH STREET CARUSU!. PENNSYLVANIA 17013 717.243.eo1O - 717.243.1200 ,..cae..... www.c.np...n.comlltwlnl ..m.lI: Irwln,.wo.plx.n.t March 15, 1997 VERDEAN WOLFE 131 JRD AVE PITTSBURGH PA 15229 RE: Stella Wolfe Power of Attorney Dear Mr. Wolfe: I wrote to you on March II, 1997 regarding the revocation of the power ofattorney previously granted to you. I also requested the immediate return ofall property In your possession and control which belongs to Mrs. Wolfe. I have a signed return receipt card indicating that you received my letter on March 17, 1997. I have left two phone messages with you since that time, attempting to speak with you about this, but you have not returned those calls. This letter is to advise you that if I have not heard from you in writing and have not received from you all such property by April 7, 1997, I will then recommend to Mrs. Wolfe that we contact the District Attorney in Pittsburgh to take appropriate action to secure the return of Mrs. Wolfe's property. ~. Wolfe is quite upset about this, so I sincerely hope this step will not be necessary. SRLLA WOLD C/O SARA KUGLU 4Sl STAn RD WIST 'ADlVUW.A ITlI2S " O~';I',' ",' . L ",1',;,;; r" I .' OCT 23 3 3a rl1'97 " PlI;, , , :.'I.f.iil^