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Home My WebLink About03-0374NEIL A. WOLVIN Plaintiff v. MARGARET E. FITZPATRICK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 03 -3)y V - 7, CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action within twenty (20) days. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights import to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, York County Courthouse, 28 East High Street, York, Pennsylvania. IF YOU DO NOT FIE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator 4-r Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 NEIL A. WOLVIN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA v. NO. 03- 3'?y l T, MARGARET E. FITZPATRICK Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is NEIL A. WOLVIN, an adult individual who currently resides at 2244 Old Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is MARGARET E. FITZPATRICK, an adult individual who currently resides at 118 Orrs Bank Road, Dillsburg, York County, Pennsylvania. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at lease six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 18, 1994, in Eastamton, New Jersey. 5. The parties were previously divorced and remarried on December 18, 1994, and were initially married on March 27, 1986. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. Neither the Plaintiff or Defendant is a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the ground on which the action is based is that the marriage is irretrievably broken. 9. Plaintiff avers that there are no children of the parties under the age of eighteen (18). WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in Divorce dissolving the marriage between the parties pursuant to Section 3301(c) of the Divorce Code of 1980, as amended. Respectfully submitted DATE: January 23, 2003-??C/'?G%Z? ancis M. Socha, Esquire 2201 North Second Street Harrisburg, PA 17110 717/233-4141 Attorney for Plaintiff VERIFICATION I, NEIL A. WOLVIN, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. GJ a NEIL A. WOLVIN NEIL A. WOLVIN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA v. MARGARET E. FITZPATRICK Defendant NO. CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Carrie E. Cook, secretary to Francis M. Socha, Esquire, hereby certify that a true and correct copy of the foregoing Complaint was sent by United States mail, postage prepaid, certified mail, restricted delivery, return receipt requested, to the following: Margaret E. Fitzpatrick 118 Orrs Bank Road Dillsburg, PA 17019 Date: /?/03 \. c11i 1C G. I.VVK IN U, S o ? CJ C? C w mr J y' T <^ _.7 J1 \ ? v rt I`"? ?s \ rr /Wy ZD m l ? 41`) ? 1 NEIL A. WOLVIN, Plaintiff, V. MARGARET E. FITZPATRICK, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-374 Civil Term CIVIL ACTION - LAW IN DIVORCE PETITION FOR SPECIAL RELIEF 1. Petitioner is Margaret E. Fitzpatrick, Defendant in the above-captioned matter. 2. Respondent is Neil Wolvin, Plaintiff in the above-captioned matter. 3. Petitioner and Respondent are husband and wife, having been married on December 18, 1994 in Eastampton, New Jersey. 4. Petitioner and Respondent purchased marital property located at 2244 Old Hollow Road, Mechanicsburg, Pennsylviania, Cumerland County on July 30, 2001. 5. Petitioner and Respondent resided together in the marital property until she was ejected from the marital property by Respondent on or about December 17, 2002. 6. Petitioner has not had access to the marital residence since December 17, 2002 and much of her personal property and effects, including clothing and personal documents remain at the marital residence. 7. Respondent currently resides in the marital residence. Petitioner has requested and Respondent has denied Petitioner's requests to schedule a date and time for Petitioner to access marital residence to obtain certain of Petitioner's personal property, a list of which is attached as Exhibit A and is incorporated herein by reference. 9. Petitioner is entitled to access to the marital residence because it is marital property as defined in 23 Pa.C.S. § 3501. WHEREFORE, Petitioner requests that the Court GRANT this Petition for Special Relief, and ORDER Respondent to allow Petitioner access to the marital residence, at a date and time to be determined by the Court, for the purpose of retrieving her personal property listed in Exhibit A, attached Date: April 21, 2003 NEIL A. WOLVIN, IN THE COURT OF COMMON Plaintiff, PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-374 Civil Term V. CIVIL ACTION - LAW IN DIVORCE MARGARET E. FITZPATRICK, Defendant. CERTIFICATE OF SERVICE I, Michael A. Hynum, Esquire, hereby certify that I did on this day of April, 2003, serve a true and correct copy of the Defendant's Petition for Special Relief upon the person(s), and/or their counsel, and in the manner indicated below: Service by First Class U.S. Mail addressed to: Carrie E. Cook, Esquire Law Offices of Francis M. Socha 2201 North Front Street Harrisburg, PA 17110 Michael A. FTyndm, "Es N Capozzi & Associates, C. Attorney ID# 85692 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 I TI ' (.J C NEIL A. WOLVIN, IN THE COURT OF COMMON Plaintiff, PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-374 Civil Term V. CIVIL ACTION - LAW IN DIVORCE MARGARET E. FITZPATRICK, Defendant. RULE TO SHOW CAUSE AND NOW, this day of , 2003, a rule is entered upon the Plaintiff hereto to show cause why the relief requested in the Defendant's Petition for Special Relief should not be granted. Rule returnable 20 days after service. BY COURT: J. NEIL A. WOLVIN, Plaintiff, V. MARGARET E. FITZPATRICK, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-374 Civil Term CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Michael A. Hynum, Esquire, hereby certify that I did on this day of May, 2003, serve a true and correct copy of the Defendant's Petition for Special Relief upon the person(s), and/or their counsel, and in the manner indicated below: Service by First Class U.S. Mail addressed to: Francis Socha, Esquire Law Offices of Francis M. Socha 2201 North Front Street Harrisburg, PA 17110 Capozzi & Associates, H Attorney ID# 85692 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 C C:l C-3 U? x N ` of c -5 CaJ .?? NEIL A. WOLVIN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MARGARET E. FITZPATRICK Defendant TO THE HONORABLE EDWARD E. GUIDO NO. 03-374 Civil Term CIVIL ACTION - LAW IN DIVORCE PLAINTIFF/RESPONDANT'S ANSWER TO DEFENDANT/ PETITIONER'S RULE TO SHOW CAUSE Defendant/Petitioner's Petition for Special Relief seeks access to the premises located at 2244 Old Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania to. obtain certain personal belongings which were identified on Exhibit A to the Petition for Special Relief. 3. Defendant/Petitioner has been granted access to the residence for the purposes of securing all items listed in Exhibit A of Defendant's Petition for Special Relief. 4. Counsel for the Plaintiff/Respondent has been advised that access has been granted and that all items which the Defendant/Petitioner has received all items from the residence which she has requested. 5. Consequently, the Petition for Special Relief has been rendered moot by the Plaintiff/Respondent by providing to the Defendant/Petitioner providing access the premises and the receipt of her personal belongings. WHEREFORE, Plaintiff requests that the Defendant's Petition should be denied on the basis of being moot. Respect mitted: Franc' M. Socha, Esquire North Second Street Harrisburg, PA 17110 (717) 233-4141 I.D. No. 29101 domesti- ol%in-ans NEIL A. WOLVIN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. MARGARET E. FITZPATRICK CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Francis M. Socha, Esquire, hereby certify that a true and correct copy of the foregoing Answer to Defendant's Rule to Show Cause was sent by United States mail, postage prepaid, certified mail, restricted delivery, return receipt requested, to the following: Michael A. Hynum, Esquire CAPOZZI & ASSOCIATES, PC 2933 North Front Street Harrisburg, PA 17110 ncis M. Sochi Date: May 20, 2003 ?? P... r- r. __r, °_ ?_a . <J (r, ?l 1 _ - i'- - n_J ? .-. ? l . • ' ?? ? iJ ?` NEIL A. WOLVIN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : NO. 03 - 374 CIVIL TERM MARGARET E. FITZPATRICK, : CIVIL ACTION - LAW - IN DIVORCE Defendant. NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE ENTERED AGAINST YOU BY THE COURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST FOR ANY OTHER CLAIM OF RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTIFF, YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR CHILDREN. WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT CUMBERLAND COUNTY COURTHOUSE, ONE COURTHOUSE SQUARE, CARLISLE, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU M AY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONCE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (800) 990-9108 4 NEIL A. WOLVIN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : NO. 03 - 374 CIVIL TERM MARGARET E. FITZPATRICK, : CIVIL ACTION - LAW - IN DIVORCE Defendant. ANSWER TO COMPLAINT FOR DIVORCE AND PETITION FOR ALIMONY PENDENTE LITEUNDER SECTION 3301(c) OR 3301(d) of the DIVORCE CODE COUNT I - DIVORCE 1. Admitted. 2. Denied. Margaret Fitzpatrick currently resides in Mechanicsburg, Cumberland County, Pennsylvania. 3. Admitted. 4. Admitted. 5. Admitted. 6. Defendant is without sufficient knowledge to admit or deny this averment. 7. Admitted. 8. Admitted. 9. Admitted. WHEREFORE, Defendant requests the Court to enter a decree of divorce, divorcing the plaintiff and defendant, and if the parties enter into an agreement, that the same be incorporated in the decree and entered as an Order of the Court. COUNT II - ALIMONY PENDENTE LITE 10. The above paragraphs 1-9 are incorporated by reference as if fully and wholly set forth herein. 11. Defendant/Petitioner does not currently hold any position of gainful employment. 12. Defendant/Petitioner is without funds to adequately support herself and pay the costs and expenses of this action, and she is unable to adequately maintain herself during the pendency of this action. 13. Plaintiff had refused to support the Defendant/Petitioner until February 2003 when a Domestic Relations Order was issued to pay spousal support in the amount of $562.00 per month and $50.00 per month in arrearages. 14. Plaintiff is retired upon information and belief has an annual income of at least $45,000.00. WHEREFORE, Plaintiff requests that this Honorable Court enter an Order awarding Defendant/Petitioner such Alimony Pendente Lite as this Honorable Court deems reasonable. Respectfully submitted, DATE: 4 l ?C, POZZI & ASSOCIATES, P.C. Michael A. Hynum? Hldjuii Attorney ID # 85692 2933 North Front Street Harrisburg, PA 17110-1250 Telephone: [717] 233-4101 [Attorney for Defandant/Petitioner] 2 NEIL A. WOLVIN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : NO. 03 - 374 CIVIL TERM MARGARET E. FITZPATRICK, : CIVIL ACTION - LAW - IN DIVORCE Defendant. VERIFICATION I, Margaret E. Fitzpatrick, the Defendant in the attached document, verify that the statements made in the document are true and correct. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. DATE: ?10'1n,;., O3 NEIL A. WOLVIN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, Vi. : NO. 03 - 374 CIVIL TERM MARGARET E. FITZPATRICK, : CIVIL ACTION - LAW - IN DIVORCE Defendant. CERTIFICATE OF SERVICE I, Michael A. Hynum, Esquire, hereby certify that I did on this lay of June, 2003, serve a true and correct copy of the Defendant's Answer and Petition for Alimony Pendente Lite upon the person(s), and/or their counsel, and in the manner indicated below: Service by First Class U.S. Mail addressed to: Francis Socha, Esquire Law Offices of Francis M. Socha 2201 North Front Street Harrisburg, PA 17110 Michael A. Hynum, Esc Capozzi & Associate I Attorney ID# 85692 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 5 17 y ? ^ ?4 (J -G State ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT Commn ... _' ?n of Penn_?,?Ivs^!a Co./City/Dist. of CgbIgERL-y1,1L Date of Order/Notice oe/30/04 Tribunal/Case Number-(See Andum for case summary) Employer/Withholder's Federal EIN Number PUBLIC SERVICE ELECTRIC & GAS PO BOX 570 80 PARK PLZ NEWARK NJ 07102-4106 Q Original Order/Notice Q Amended Order/Notice O Terminate Order/Notice RE: WOLVIN NEIL Employee/Obligor's Name (Last, First, MI) ()3- 37Y C "aI, 30La- '°s 5?5?7/oS/3'7 140-30-4514 Employee/Obligor's Social Security Number 1224101092 Employee/Obligor's Case Identifier (See Addendum for p/aintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. from CUMBERLAND ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon order for port amounts f County, Commonwealth of Pennsylvania. By law, from the above-named employee's/obligor's ui su by your State. y You are required to deduct these issued b income until further notice even if the Order/Notice is not $ - 676 00 per month in current support $ - X0_00 per month in past-due support $ --?. oo Per month in medical support Arrears 12 weeks or greater? -?0 0 o per month for genetic test costs 0 Yes ® no for a tota of of per month in other (specify) - per month to be forwarded to payee below. not have to va the ordered su vary Your pay cycle to be in compliance with the su You do PPort order. If your pay cycle does not match $ PPort payment cycle, use the following to determine how much to withhold: $ - 15 00 per weekly pay period. $ - 30o Per biweekly pay period (every two weeks). $ -- 3- 3_a 0o per semimonthly pay period (twice a month). 6 o Per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period Order/Notice. Send payment within seven (7) working days of the paydate/date of withholdin . deduct a fee to defray the cost of withholding. occurring Refe governing the ten (10) Forking days after the date of this allowable amount. The total withheld amount, and r to the laws g You are entitled the Your fee, cannot exceed 55%oof the employee's/obligoer's for the needed (See Pg• 2). weekly earnings. For the purpose of the limitation on withholding, the followin aggregate If remitting disposable byEFT/EDI, g information is Customer Service at 1-877-ase call please call Pennsylvania State Collections and Disbursement Unit (SCDU for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsyl / vania SCDU, P,p, Box 69112, Harrisburgr I? N ADa, the E, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND 7a %iE 17106PACSES-9112 m /o aDObove as the E NOT SEND p yee/Obhgor s Case /dentif' CASH BY MA/L. w Q& MEMBER /D AL SECURITY NUMBER IN ORDER TO BE PROCESSED. MaIL9 BY T?? COURT: I Date of Order: AVG 3 1 20U4 Service Type M uMa No.: o97&o..G Form EN-028 Worker ID $OINC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS Iffihecke? you are required to provi Brent frde a om the state that issued this oJ1o Pa off this form to Your 1 • We a emdPlo ee. If Your employee %rks in a state tha is r employee even if t check ed, appreciate voluntary compliance of Federally recognized Indian o bes, tribally-owned businesses, and Indus not t chec businesses s located on a reservation that choose to withhold in accordance e box is not this notice. o -owned 2. Priority: Withholding under this Order/Notice has priority over an P agency listed below. Y other legal Process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting each agency requesting withholding. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to eac ecy You must, however, separately identify the portion of the single payment that is attributable to each 4.* j, r state the jariliol, lace a d!,fou ligor's principa p P l of em to ? ust port payments. You m com I withholding order der and forward the sup ment with respect to the time periods within which you must implement the p Y with the law of the 5. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Su this emPloyee/obligor and You are . i sate of employee's/obl gorestpnc honor Ilsupport Order/Notices due to Federal or State withholding limits, you must follow Possible. the #10 below) the law the pal place of employment. You must honor all orders/Notices Support against 6. Termination Notification: You must promptly notify the Requesting rders/Notices to the greatest extent w Please provide the information requested and return a Agency when the employee/obligor is no longer working for WITHHOLOER'S ID: 7907100156 COPY of this his Order/Notice to the Agency identified below. EMPLOYEE'S/OBLIGOR'S NAME: WOLVIN g You. EMPLOYEE'S CASE IDENTIFIER: 1224101092IL - DATE OF SEF'ARA710N:-------- EW MPLO EROS NAME/ADDRESS: e Lump Sum Payments: V severance may be required to report lum pay. If you have any questions and withhold from about lump sum payments, contact the person or authority p sum payments such el bonuses, commissions, or withheld from the em to 8. Liability: If You fail to withhold income as the Order/Notice directs, you are liable for both the ac umuo ted amount you should have P yee%obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed 9. Anti-discrimination: You are subject to a fine determined under State law for discharging governs. fr P yment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support governs unless the obligor is employed in another State, in which case the law of the State in which he or she is em ennsylv ania Sta ania Sta withholding. Pennsylte law 10.* Withholding Limits: You may governs. Protection Act (7 5 U.S.C. § 1673 not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit (b) s - or 2) at d the amounts allowed by the State of the employee's/obligor's principal place of employment. deductions suh t' asp: State tFede algglrocaltax Social Security taxes; end (ADWE > A WE is the net income left after making ory Medicare taxes. 11. Additional Info: mandatory - es; *NOTE: If you or your agent are served with a COPY of this order in the state that issued the order, you are to follow the Submitted By: DOMESTIC RELATIONS SECTION If You or your employee/obligor have an 13 N. HAN V R T contact y questions, P.O. BOX 320 ?WAGE ATTACHMENT UNIT by telephone at 717 240-6225 CARLISLE PA 17013 by FAX at or bylnternet wwwc?hil?cls2u8 or ?_ PPort.= us Service Type M Page 2 of 2 OMB No.: o97o-0,, Form EN-028 Worker ID $01NC ADDENDUM Summary of Cases on Aftachment DefendanVObligor: WOLVIN, NEIL Service Type M Addendum OMB No, 09]0{1154 Form EN-028 Worker ID $OINC { i n .?;??? ? ItiZr r,; G) .Ty ' ?. - ? ` ? . " =- : -? C)? r , , , ?.- 7 v __ i y c_:. W ? v y? `< W NEIL A. WOLVIN, Plaintiff V. MARGARET E. FITZPATRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 03-374 CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Neil A. Wolvin, Plaintiff, moves the court to appoint a Master with respect to the following claims: ( ) Divorce ( ) Annulment (X) Alimony ( ) Alimony Pendente Lite ( X) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. The defendant has appeared in this action by her attorney, Michael A. Hynum, Esquire. 3. The statutory ground for divorce is irretrievable breakdown under Section 3301(c) of the Divorce Code. 4. Delete the inapplicable paragraph(s): a. The action is contested with respect to the following claims: distribution of property and alimony. 5. The action does not involve complex issues of law or fact. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motion: none at this time. Respectfully submitted, Date: O5? By: THOMAS, THOMAS & HAFER, LLP FRANMSA(SOCHA, ESQUIRE Attorney I.D. Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I have served the foregoing Motion for Appointment of Master in the above-captioned matter upon the following; individual(s) by placing same in the United States mail, postage prepaid, addressed as follows: Michael A. Hynum, Esquire 151 Reno Avenue Suite 202 New Cumberland, PA 17070 Date: DS Kimberly J. Hr in ` `` Secretary to Fr c . Socha, Esquire n? ??: c? ? ?:> c.-+ 'Tl t,o _. '_'_? -r 'n rim ? ? - 1 c? -' c ,? -n -! ` ' _, : c =err, .. ..- -i> `J7 J -4 Michael A. Hynum, Esquire Supreme Court ID #85692 151 Reno Ave., Suite 202 New Cumberland, PA 17070 (717) 774-1357 NEIL A. WOLVIN, Plaintiff V. MARGARET FITZPATRICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-374 CIVIL ACTION -- LAW IN DIVORCE PETITION TO WITHDRAW APPEARANCE Michael A. Hynum, Esquire, hereby respectfully petitions this Honorable Court for Leave to Withdraw his Appearance as counsel for Plaintiff and, in support thereof, avers as follows: 1. Petitioner is Michael A. Hynum, Esquire, whose business address is located at 151 Reno Avenue, Suite 202, New Cumberland, Pennsylvania. 2. Respondent is Margaret Fitzpatrick, Defendant in the above-captioned matter, whose last known address is 10 East Green Street, Mechanicsburg, Pennsylvania. 3. Petitioner was retained by Respondent on or about April, 2003, to represent her in a domestic relations matter. 4. Petitioner has undertaken such representation but is unable to continue for the following reason: a. By note dated June 28, 2005, Respondent notified Petitioner that it was her intention to proceed with this matter pro se. A copy of Respondent's note is attached hereto as Exhibit "A". b. Pursuant to Respondent's request, a copy of her file was given to her on July 7, 2005. WHEREFORE, Petitioner respectfully requests leave to withdraw his appearance as attorney for Respondent. Respectfully submitted, Michael A. Hynum Supreme Court ID VERIFICATION I verify that the statements contained in the foregoing PETITION TO WITHDRAW APPEARANCE are true and correct to the best of my knowledge, information and belief. I understand that false statements contained therein are made subjection to the penalties of 23 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Exhibit "A" Law Offices Of Michael A. Hynum 1325 Grandview Road Mount Joy, PA 17552 Margaret Fitzpatrick PO• f3oX S33 h1P.c?Gnicsbi.?, IPA 17DS5- C623 Regarding: Fitzpatrick, Margaret - Divorce Invoice No: 1152 Previous Balance Balance Due Date: 5/31/2005 $45.00 M $45.00 f CERTIFICATE OF SERVICE On this 7' day of September, 2005, 1 certify that a copy of the foregoing PETITION FOR LEAVE TO WITHDRAW AS COUNSEL was served upon the following by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Margaret E. Fitzpatrick 10 East Green Street Mechanicsburg, PA 17055 Francis M. Socha, Esquire Thomas, Thomas & Hafer, LLP P. O. Box 999 Harrisburg, PA 17108 VILwna T. Una bers, Assistant to Michael A. Hy 091m, Esquire r, ra cn --? co crn rv fl ::J NEIL A. WOLVIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO. 03-374 MARGARET E. FITZPATRICK, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER APPOINTING MASTER AND NOW, this ? d y of 20051 E14 6?, Esquire is appointed Master with respect to the following claims: Distribution of Property and Alimony. By the Court: J. Distribution: Michael A. Hynum, Esquire /rancis M. Socha, Esquire J 0 C :5 '?y 0- <'. S SpiOI NEIL A. WOLVIN, Plaintiff v. MARGARET E. FITZPATRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 03-374 CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of Plaintiff, Neil A. Wolvin, in the above-captioned case. Respectfully submitted, THOMAS, THOMAS &11,AFER, LLP C?5 By: Date: JOHN MCNALLY, ESQUI E on behalf of FRA IS M. SOCHA, ESQUI Attorney I.D. No. 52661/29101 Attorneys for Plaintiff Please enter my appearance on behalf of Plaintiff, Neil A. Wolvin, in the above- captioned case. Respectfully submitted, By: ?) e? WILLIAM L. GRUBB, ESQUIRE Attorney ID # _ 72661 3 So 3 TAW3 Gettysburg Road Camp Hill, PA 17011 CERTIFICATE OF SERVICE I hereby certify that I have served the foregoing Praecipe for Withdrawal/Entry of Appearance in the above-captioned matter upon the following individual(s) by placing same in the United States mail, postage prepaid, addressed as follows: Michael A. Hynum, Esquire 151 Reno Avenue Suite 202 New Cumberland, PA 17070 Date: 't ` C? - 0 ! V? (f/ L fj fi. r• Michael A. Hynum, Esquire Supreme Court ID #85692 151 Reno Ave., Suite 202 New Cumberland, PA 17070 (717) 774-1357 NEIL A. WOLVIN, Plaintiff V. MARGARET FITZPATRICK, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-374 CIVIL ACTION - LAW IN DIVORCE ORDER day of 2005, upon consideration of the attached PETITION FOR LEAVE TO WITHDRAW AS COUNSEL, it is hereby ORDERED AND DECREED that Michael A. Hynum, Esquire, is granted leave to withdraw as counsel for Defendant. q-1q-'ny N" BY THE COURT: is i J. >. '? CrJ f__. 67 ??^[_._ J. I"? i 1,. ?' : C,7 ll_ i.:o ._, c?i ._ NEIL A. WOLVIN, V, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA MARGARET E. FITZPATRICK, Defendant NO. 03-0374 CIVIL ACTION - LAW IN DIVORCE ORDER OF COMPLIANCE AND SANCTIONS FOR FAILURE TO ANSWER INTERROGATORIES AND NOW, this day of , 2005, upon consideration of the motion of plaintiff, Neil A. Wolvin, by his attorney, William L. Grubb, Esquire, and after hearing thereon, in accordance with Rule 4019 of the Pennsylvania Rules of Civil Procedure, the Court finds that defendant has willfully violated the Pennsylvania Rules of Civil Procedure for failure to answer interrogatories and produce documents, which justifies the entry of this Order, and therefore, ORDERS: (1) that the defendant-respondent is hereby directed to answer the abovesaid interrogatories and produce documents within ten (10) days of the Order of this Honorable Court, so that the plaintiff-petitioner may review same; and (2) that this Court may enter such sanction order with regard to the failure to answer interrogatories and produce documents as is just under Rule 4019(c)(5) of the Pennsylvania Rules of Civil Procedure; and (3) that, in accordance with Rule 4019(g)(1) of the Pennsylvania Rules of Civil Procedure, the defendant-respondent is hereby directed to pay the moving party the reasonable expenses, including attorney's fees of $ incurred in obtaining this order of compliance and order for sanctions. BY THE COURT: J. NEIL A. WOLVIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-0374 MARGARET E. FITZPATRICK, : CIVIL ACTION - LAW Defendant : IN DIVORCE MOTION FOR SANCTIONS FOR FAILURE TO ANSWER INTERROGATORIES AND PRODUCE DOCUMENTS TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The motion of plaintiff, NEIL A. WOLVIN, by his attorney , William L. Grubb, Esquire, moves the Court for an order imposing sanctions under Rule 4019 of the Pennsylvania Rules of Civil Procedure for failure of defendant to answer PLAINTIFF'S INTERROGATORIES and failure to comply with PLAINTIFF'S PRODUCTION OF DOCUMENTS REQUEST, and in support thereof plaintiff respectfully represents that: 1. Plaintiff is NEIL A. WOLVIN, who currently resides at 2244 Old Hollow Road, Mechanicsburg, PA 17055. 2. Defendant is MARGARET E. FITZPATRICK, who currently resides at 10 East Green Street, Mechanicsburg, PA 17055. 3. Plaintiff and defendant were married on December 18, 1994, and are living separate and apart. 4. To the best information, knowledge and belief Defendant MARGARET E. FITZPATRICK is without counsel and is being represented pro se. 5. Accompanying plaintiffs complaint in divorce was an ancillary claim for equitable distribution. In accordance with Rule 4005 of the Pennsylvania Rules of Civil Procedure, plaintiffs prior attorney, Francis M. Socha, deceased, served upon defendant, Attorney Timothy J. Clogan, and Attorney Michael B. Volk, and as of course, PLAINTIFF'S PRODUCTION OF DOCUMENT REQUESTS TO DEFENDANT and INTERROGATORIES PROPOUNDED BY PLAINTIFF TO BE ANSWERED BY DEFENDANT, seeking the appropriate financial information towards resolution of the above claims. Service was made in January 2005, by First Class, postage prepaid, U.S. Mail. A copy of the various CERTIFICATE OF SERVICE are attached as Exhibit's "A" through "E". 6. Despite responses from defendant's attorney that the interrogatories would be answered, the defendant has failed to do so. 7. Thereafter plaintiff's attorney has advised defendant's attorney that if the interrogatories were not answered, he would be forced to file a motion to compel. 8. WHEREFORE, plaintiff moves the Court to enter an order under Rule 4019 of the Pennsylvania Rules of Civil Procedure, since defendant-respondent has failed to serve answers to the written interrogatories and requests for production of documents, as follows: (1) directing defendant-respondent to answer the above-served interrogatories within ten (10) days of the order of this Honorable Court and to produce the documents requested, so that the plaintiff-petitioner may review same; (2) that the Court enter such sanction order with regard to the failure to answer interrogatories as is just under Rule 4019(c)(5) of the Pennsylvania Rules of Civil Procedure; (3) that, in accordance with Rule 4019(g)(1) of the Pennsylvania Rules of Civil Procedure, should the motion for sanctions be granted, order defendant- respondent to pay the moving party the reasonable expenses, including attorney's fees incurred in obtaining the order of compliance and the order for sanctions; (4) any other such relief as this Honorable Court my find just. Respectfully submitted, cot, -?J L? sj??,Oeu 41?9 William L. Grubb, Esquire ID 726,51 Attorney for Plaintiff 3803 Gettysburg Road Camp Bill, PA 17011 763-5580 VERIFICATION I verify that the statements made in this document are to the best information, knowledge and belief, true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. William L. Grubb, Esquire ID 72661 Attorney for Plaintiff/Petitioner Date: O?Qt. ?.7coS CERTIFICATE OF SERVICE: I, Laura A. Gargiulo, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing PRODUCTION OF DOCUMENT REQUESTS in the above-captioned matter upon the following individual(s) by placing same in the United States mail, postage prepaid, addressed as follows: Margaret E. Fitzpatrick, Defendant c/o Timothy J. Colgan, Esquire The Wiley Group 1 South Baltimore Street Dillsburg, PA 17019 THOMAS, THOMAS & HAFER, LLP Lau fa A. Gargiulo, s re I.D. #86128 305 North Front Street P.O. Box 999 Harrisburg, F'A 17108-0999 (717) 441-7057 Dated: 1 I H OS Attorneys for Plaintiff 332760.1 EXHIBIT "A" CERTIFICATE OF SERVICE I, Laura A. Gargiulo, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have served the foregoing INTERROGATORIES in the above-captioned matter upon the following individual(s) by placing same in the United States mail, postage prepaid, addressed as follows: Margaret E. Fitzpatrick c/o Timothy J. Colgan, Esquire The Wiley Group 1 South Baltimore Street Dillsburg, PA 17019 THOMAS, THOMAS & HAFER, LLP Kw'h/ Laura A. Gargiul , Es ire I.D. #86128 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7057 Dated: Attorneys for Plaintiff ??y/b5` 332758.1 EXHIBIT "B" i? CERTIFICATE OF SERVICE I, Kathy A. Sweger, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have served the foregoing REQUEST FOR PRODUCTION OF DOCUMENTS in the above-captioned matter upon the following counsel of record, by placing same in the United States mail, postage prepaid, addressed as follows: Michael B. Volk, Esquire Capozzi & Associates, P.C. 2955 North Front Street Harrisburg, PA 17110 . THOMAS, THOMAS & HAFER, LLP Kathy A. Sweger Dated: 1/13/05 EXHIBIT "C J CERTIFICATE OF SERVICE. I, Kathy A. Sweger, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have served the foregoing INTERROGATORIES in the above-captioned matter upon the following counsel of record, by placing same in the United States mail, postage prepaid, addressed as follows: Michael B. Volk, Esquire Capozzi & Associates, P.C. 2955 North Front Street Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP 17 Kathy A.,9weger Dated: 1 /13/05 EXHIBIT "D" CERTIFICATE OF SERVICE- I, Laura A. Gargiulo, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have served the foregoing INTERROGATORIES in the above-captioned matter upon the following individual(s) by placing same in the United States mail, postage prepaid, addressed as follows: Margaret E. Fitzpatrick PMB 133 275 Cumberland Parkway Mechanicsburg, PA 17055. THOMAS, THOMAS & HAFER, LLP Laura A. Gargiulo, E uir,@ I.D. #86128 305 North Front Street P.O. Box 999 Harrisburg, P'A 17108-0999 (717) 441-7057 ?YOS Attorneys for Plaintiff Dated: ?- 332758.1 EXHIBIT "E" ?7 ? i ?' l : i 1 - -? T C ? {;1? t ,-. rn .u G -n = ? ;'?? ,?? c ?.? NEIL A. WOLVIN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW MARGARET E. FITZPATRICK, : No. 03-374 CIVIL TERM Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint For Divorce Under Section 3301(c) of the Divorce Code on behalf of my client Margaret E. Fitzpatrick, which was filed in the above referenced term and number, and verify that I am authorized to do so. Dated: a -03 ?fiL l2Z , Timothy J. Colgan, e ?? ---1 ?? "?'S'1 a (? il ?s:: [' ? ..--r i'r „L ? ? -3u ? ? ? (,? __ -?(i ?{ ?G:% ;? ? ?- ? NEIL A. WOLVIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-0374 MARGARET E. FITZPATRICK, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER OF COMPLIANCE AND SANCTIONS FOR FAILURE TO ANSWER INTERROGATORIES AND NOW, this 13" day of LI)44 , 2005, upon consideration of the motion of plaintiff, Neil A. Wolvin, by his attorney, William L. Grubb, Esquire, a*- '°°?-0___a ±h in accordance with Rule 4019 of the Pennsylvania Rules of Civil Procedure, the Court finds that defendant has willfttliy violated the Pennsylvania Rules of Civil Procedure for failure to answer interrogatories and produce documents, which justifies the entry of this Order, and therefore, ORDERS: P4.," 4 +% (1) that the defendant-respondent is hereby directed to answe the abovesaid (20) dl&r oy ,fennl. y interrogatories and produce documents within s°^ 11 ' `_F_ the Order of this Honorable Court, so that the plaintiff-petitioner may review same; and 1 I ? 91 .2 !"1 ,l 1 1.39 ?'D?l (2) that this Court may enter such sanction order with regard to the failure to answer interrogatories and produce documents as is just under Rule 4019(c)(5) of the Pennsylvania Rules of Civil Procedure; and (3) tfat, in accord with Rule 400(1) of the Pennsylvania Rules of Civil Procedure, the the incurred in OtaAng this order Ffor a t pay vmg p $ sanctions. IC's BY THE COURT: NX 0 J. NEIL A. WOLVIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-0374 MARGARET E. FITZPATRICK, : CIVIL ACTION - LAW Defendant : IN DIVORCE REQUEST FOR SANCTIONS TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The Plaintiff, NEIL A. WOLVIN, by his attorney, William L. Grubb, Esquire, moves the Court for an order imposing sanctions under Rule 4019 of the Pennsylvania Rules of Civil Procedure for failure of Defendant to comply with the ORDER OF COMPLIANCE AND SANCTIONS FOR FAILURE TO ANSWER INTERROGATORIES issued by the Court on October 13, 2005, and in support thereof plaintiff respectfully represents that: 1. Plaintiff is NEIL A. WOLVIN, who currently resides at 2244 Old Hollow Road, Mechanicsburg, PA 17055. 2. Defendant is MARGARET E. FITZPATRICK, who currently resides at 10 East Green Street, Mechanicsburg, PA 17055. 3. Plaintiff and defendant were married on December 18, 1994, and are living separate and apart. 4. On January 24, 2003, Plaintiff filed a Complaint in Divorce to the above caption and number. 5. Plaintiff filed a MOTION FOR SANCTIONS FOR FAILURE TO ANSWER INTERROGATORIES AND PRODUCE DOCUMENTS with the Court on or about October 7, 2005. 6. The Court issued a ORDER OF COMPLIANCE AND SANCTIONS FOR FAILURE TO ANSWER INTERROGATORIES on October 13, 2005, a copy of which is attached hereto as Exhibit "A". 7. Defendant was personally served with a copy of the Order on November 12, 2005. The AFFIDAVIT OF SERVICE is attached hereto as Exhibit "B". 8. As of this date Defendant has not complied with the aforementioned ORDER OF COMPLIANCE AND SANCTIONS FOR FAILURE TO ANSWER INTERROGATORIES. 9. Plaintiff has suffered undue costs, attorneys fees and expenses in seeking Defendants response to PLAINTIFF'S INTERROGATORIES and PLAINTIFF'S PRODUCTION OF DOCUMENTS REQUEST. The undue costs, attorneys fees and expenses include, but are not limited to, the drafting, preparation, filing and service of the MOTION FOR SANCTIONS FOR FAILURE TO ANSWER INTERROGATORIES AND PRODUCE DOCUMENTS, the ORDER OF COMPLIANCE AND SANCTIONS FOR FAILURE TO ANSWER INTERROGATORIES, as well as the herein REQUEST FOR SANCTIONS. 10. A copy of Plaintiff's reasonable expenses is attached as Exhibit "C". 11. WHEREFORE, plaintiff moves the Court to find the Defendant in Contempt of the Order of October 13, 2005 and enter an order as follows: (1) that, in accordance with Rule 4019(g)(1) of the Pennsylvania Rules of Civil Procedure, order defendant-respondent to pay the Plaintiff's reasonable expenses, including attorney's fees incurred in the amount of $529.11; (2) that, in accordance with Rule 4019(c)(4) of the Pennsylvania Rules of Civil Procedure, find the Defendant in contempt and enter an Order sentencing the Defendant to six (6) months incarceration to be served in the Cumberland County Prison, sentence to begin in twenty days from the date of the Order. Defendant may purge herself of contempt by full and sufficient answers to Plaintiff's INTERROGATORIES PROPOUNDED BY PLAINTIFF TO BE ANSWERED BY DEFENDANT and full and complete delivery of documents as requested in PLAINTIFF'S PRODUCTION OF DOCUMENT REQUESTS TO DEFENDANT. (3) that the Court enter such sanction order with regard to the failure to answer interrogatories as is just under Rule 4019(c)(5) of the Pennsylvania Rules of Civil Procedure; (4) any other such relief as this Honorable Court my find just. Respectfully submitted, 3(3t`?G Lux f '- .46, l William L. Grubb, Esquire ID 72661 Attorney for Plaintiff 3803 Gettysburg Road Camp Hill, PA 17011 763-5580 CERTIFICATE OF SERVICE I, WILLIAM L. GRUBB, Esquire, certify that I have served a copy of the foregoing document on the individual listed below by depositing the same in the United States Mail, First Class, postage prepaid, at Camp Hill, Pennsylvania: Michael O. Palermo, Esquire ROMINGER & WHARF 155 South Hanover Street Carlisle, PA 17013 Date: 3/-154 S William L. Grubb, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for Plaintiff NEIL A. WOLVIN, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-0374 MARGARET E. FITZPATRICK, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER OF COMPLIANCE AND SANCTIONS FOR FAILURE TO ANSWER INTERROGATORIES AND NOW, this _31 day o&_k2005, upon consideration of the motion of plaintiff, Neil A. Wolvin, by his attorney, William L. Grubb, Esquire, "il. in accordance with Rule 4019 of the Pennsylvania Rules of Civil Procedure, the Court finds that defendant has w4f9t* violated the Pennsylvania Rules of Civil Procedure for failure to answer interrogatories and produce documents, which justifies the entry of this Order, and therefore, ORDERS: f'e5pond ? o (1) that the defendant-respondent is hereby directed to aftgwei the abovesaid n?y CRO) c s of'5erViCC of interrogatories and produce documents within u k' the Order of this Honorable Court, so that the plaintiff-petitioner may review same; and Exhibit "A" (2) that this Court may enter such sanction order with regard to the failure co answer interrogatories and produce documents as is just under Rule 4019(c)(5) of the Pennsylvania Rules of Civil Procedure; and BY THE COURT: a T'JE C12 E n?y, RECCRD In T=stimony whera f, f here unto sef my hand an le seal of sai No t r(i ia, Pa. ........, 45 T i .......1...? Gv tyl .... .... L NEIL A. WOLVIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-0374 MARGARET E. FITZPATRICK, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE Documents: ORDER of COMPLIANCE Date: NOV. 121 2CK SERVED: Margaret E. Fitzpatrick Place of Service: 119 FRiti &"[-N (T 1 eCOANJCS>jUr^G, Fq Manner of Service : NAN Dee QEPJy1JALy TO MAUk"r C , F# f-VATkK- Served By Citf l3 'VRNMDM AN . CHR(MPOOL T. tj I verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorit'es. Date: 11/11/05- Christopher . Vansadalan Address of Server New GurotgLArJta ?q 170)0 Exhibit «B9? Law Office of William L. Grubb 3803 Gettysburg Road Camp Hill, PA 17011 Tel. 717 763-5580 VISA www.GTubblaw.net WC Wolvin Neil A. 2244 old Hollow Road Mechanichburg, PA 175055 Page 1 Re: Discovery Compliance Date Services Rendered 9/20/2005 Letter to margaret; copies of Entry of Appearance and Order to Withdraw; seking Discovery materials 10/7/2005 Draft MOTION FOR SANCTIONS; copy, file with Prothonotary, serve on Defendant by mail, 12/20/2005 Call to Margaret seeking documents; she said basement got flooded and she lost everything; I will send another set of interrogatories and request for does and she will return and complete 12/20/2005 Draft cover letter and send additional copies of interrogatories and Request 1/4/2006 Telephone conference with client: water in Margaret's basement was last year, she has the documents 3/29/2006 Draft Request for Sanctions and proposed Order 3/31/2006 File Request for Sanctions with Prothonotary; serve Atty. Michael O. Palermo, Esq. Billing Date: 3/31/2006 Indio Time Current Activities Total .2 hrs I hrs .2 Ins .2 hrs 1 Ins 1 hrs .2 hrs 2.9 hrs Amount $33.00 $165.00 $33.00 $33.00 $16.50 $165.00 $33.00 $478.50 Exhibit `,C" Wolvin Neil A. Page 2 Re: Discovery Compliance Billing Date: 3/31/2006 Date Expense Description Amount 9/20/2005 photocopies $0.30 9/20/2005 postage $0.37 10/7/2005 photocopies, Motion, etc. $8.10 10/7/2005 postage, for Prothonotary $0.74 10/11/2005 postage, mail Motion to Fitzpatrick $1.89 11/12/2005 Process Server: serve Order of $30.00 Compliance upon Margaret by personal service 12/20/2005 photocopies of Interrogatories $3.75 and Request for Production 3/30/2006 Photocopies $4.05 3/31/2006 posyage $1.41 Current Expenses Total $50.61 Total Current Bill $529.11 .? Tr -^ ?..? ,? ::- a;i ' ' ?„ :? ` E) NEIL A. WOLVIN, Plaintiff VS. MARGARET E. FITZPATRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO. 03-0374 CIVIL IN DIVORCE IN RE: PLAINTIFF'S MOTION FOR SANCTIONS ORDER AND NOW, this G ` day of April, 2006, a brief argument on the plaintiff's motion for sanctions is set for Thursday, May 4, 2006, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Aliam L. Grubb, Esquire For the Plaintiff /Iichaet O. Palermo, Esquire For the Defendant :rlm U I?? ??? ' i J r? 1 T I ?.???? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NEIL A. WOLVIN, Plaintiff CIVIL ACTION LAW DOCKET No. 03-0374 V. MARGARET E. FITSPATRICK, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Michael O. Palermo Jr., Esquire, and Leslie Tomeo, Esquire, attorneys for Defendant, do hereby certify that we this day served a copy of the Praecipe to Enter Appearance upon the following by first class mail: Date: ?0%O William Grubb, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 Respectfully submitted, ROMINGER & WHARE Michael O. Palermo Jr. squire 155 South Hanover Str Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant Leslie Tomeo, squire 155 South H ver Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 200198 Attorney for Defendant S' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NEIL A. WOLVIN, Plaintiff CIVIL ACTION LAW DOCKET No. 03-0374 V. MARGARET E. FITSPATRICK, Defendant IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of the Defendant, Margaret E. Fitzpatrick in the above-captioned matter. Date: *Ijd()h ROMINGER & WHARE Michael O. Palermo Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant ROMINGE?& WHARE Leslie Tom , Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 200198 Attorney for Defendant ,, ,. ; ? -. NEIL A. WOLVIN, Plaintiff V MARGARET E. FITZPATRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION - LAW . NO. 03-0374 CIVIL TERM IN DIVORCE IN RE: PLAINTIFF'S MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 4th day of May, 2006, this matter having been called for hearing, it is ordered and directed that the defendant pay to the plaintiff the sum of $750.00 in counsel fees, which shall be as a discovery sanction and over and above any amount awarded in equitable distribution. The defendant is herewith cited for contempt, and she is ordered and directed to appear for further hearing on the question of her adjudication in contempt on June 1, 2006, at 3:30 p.m. In default of said appearance, a bench warrant to issue for her arrest. This matter is remanded to the Divorce Master with instructions to schedule the usual pretrial conference. By the Court, / ,A Hess, ydilliam L. Grubb, Esquire For Plaintiff ..,-?eslie A. Tomeo, Esquire For Defendant h? Divorce Master Elicker' :bg r^„ n.{ Ndf1O mm m Z Z :I I WV S- AN 3002 AUVIONOH 3Hi 10 3Ot?14 NEIL A. WOLVIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW MARGARET E. FITZPATRICK, NO. 03-0374 CIVIL TERM . Defendant IN DIVORCE IN RE: PLAINTIFF'S MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 1st day of June, 2006, adjudication in contempt is deferred, it appearing that the defendant has brought herself into compliance, and if this matter is not listed within thirty days of today, the underlying contempt citation will be dismissed without further order of court. By the Court, -X?' '0?" - Kevi A. Hess, J. t rdilliam L. Grubb, Esquire For Plaintiff '-?? chael 0. Palermo, Esquire For Defendant :bg 4?9 '?o ,0? T' 'S X&10 i JHI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NEIL A. WOLVIN, CIVIL ACTION LAW Plaintiff DOCKET No. 03-0374 V. CIVIL TERM MARGARET E. FITZPATRICK, Defendant IN DIVORCE PRE-TRIAL STATEMENT OF DEFENDANT, MARGARET E FITZPATRrK The above named Defendant, Margaret E. Fitzpatrick, (hereinafter referred to as "Wife") by and through her counsel of record, Leslie A. Tomeo, Esquire, and the law firm of Rominger & Whare, files the following Pre-Trial Statement pursuant to Pennsylvania Rules of Civil Procedure No. 1920.33(b): L LIST OF ASSETS Wife's Inventory and Appraisement, has not been filed contemporaneously with this Pre-Trial Statement. It is anticipated that the same will be filed by the close of business on or about July 14, 2006. All assets and debts known to Wife at the time of filing are identified thereon with all relevant information available to her at that time likewise being identified on that document. Wife reserves the right to update the Inventory & Appraisement upon receipt of any additional information. II. EXPERT WITNESSES It is not anticipated that expert witnesses will be necessary in this case. Wife reserves the right to name expert witnesses based upon the position taken by Plaintiff Neil A. Wolvin (hereinafter referred to as "Husband"). III. WITNESSES Wife will be testifying on her own behalf relative to the equitable distribution factors in this case, as well as values of assets and the status of various debts and assets. Wife reserves the right to call Husband as on cross and call rebuttal witnesses as may be necessary. Wife reserves the right to name additional witnesses once Husband's position in this case is known. IV. EXHIBITS Wife's Inventory and Appraisement will be an exhibit, as will her Income and Expense Statement, however the same has not been filed contemporaneously with this Pre-Trial Statement. It is anticipated that the same will be filed by the close of business on or about July 14, 2006. In addition, the following exhibits will be used at trial, with those of four (4) pages or less being attached hereto: Exhibit "A" - Documentation from Pension Appraiser's reflecting Husband's Pension Plain as of March 11, 2005. Exhibit "B" - Documentation reflecting the purchase of the marital property. V. GROSS INCOME Wife's 2005 federal income tax return will be exchanged with Husband and/or his counsel and will be used as an exhibit in these proceedings. Wife avers that Husband receives a pension from his prior employment with Public Service Electric & Gas. Wife has yet to receive answers to her Interrogatories and Request for Production of Documents, served upon Plaintiff's Counsel on or about June 5, 2006. VL EXPENSES Wife's Income and Expense Statement has not been filed contemporaneously with this document. It is anticipated that Wife's income and expense statement will be filed by the close of business July 14, 2006. VII. PENSION Husband is receiving $2,328.28 per month in a pension from his retirement with Public Service Electric & Gas. Husband additionally receives Social Security benefits in the amount of $1316.00 per month. VIM COUNSEL FEES Wife is not seeking counsel fees at this time. IX. PERSONAL PROPERTY A listing of personal property Husband retained is listed in Section XI. Wife has retained a small amount of personal property that she had prior to the parties' marriage but by and large failed to secure the majority personal property since the parties' separation. There is dispute over the exchange of personal property, in addition to Wife having not been allowed to enter the marital residence. X. MARITAL DEBT Marital debt is not listed as Wife has not received Plaintiffs discovery answers. XL PROPOSED RESOLUTION OF ECONOMIC ISSUES It is proposed that Wife receive the former marital residence at 2244 Old Hollow Road, Mechanicsburg, Pennsylvania 17055 to Husband's exclusion. Wife will refinance the mortgage on the property and remove Husband's name from the mortgage. Husband will deed the property to Wife. In the alternative, Wife requests that the marital residence located at the above address be sold and the proceeds from the sale be shared equally between the parties. In addition, Wife proposes that she receive 50% of Husband's monthly pension payment that he is receiving from his prior employment with Public Service Electric & Gas. Wife additionally requests that the she be awarded the her fair share of the value of certain personal property that was left at the marital residence, not exclusive to the refrigerator, lawn furniture, washer, dryer, curtains, televisions and other personal effects that remain. Wife also seeks the continuation of alimony. Wife requests that she be awarded $800 per month. Wife currently receives $640.00 in spousal support through Cumberland County Domestic Relations PACSES No. 447105137. Wife also has an ongoing Worker's Compensation claim for which she receives $384.62 weekly. Wife requests that Husband pay her medical expenses until her death or she is able to work at a job that will pay her health insurance. In addition, Husband should compensate Wife for health insurance premiums, it should be noted that Husband unilaterally altered Wife's health insurance requiring Wife, individually to take repeated actions to have this health insurance reinstated. This is the type of conduct by Husband that created additional medical fees and costs for Wife. Wife also requests that she be compensated for all Federal & State tax deductions/refunds Husband received in the year 2001-2005. Date: ?1' 1 04? 0' G L lid Les A. Tomeo, ROMINGER & N 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorney ID: #200198 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NEIL A. WOLVIN, Plaintiff V. MARGARET E. FITZPATRICK, Defendant CIVIL ACTION LAW DOCKET No. 03-0374 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Leslie Tomeo, Esquire, hereby certify that I did this 10 day of July, 2006, cause a copy of Defendants Pre-Trial Statement to be served by first-class mail, postage prepaid at the following addresses: William Grubb, Esquire 3803 Old Gettysburg Road Camp Hill, PA 17011 E. Robert Elicker II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 Date: Les ie A. Tome Esquire ROMINGER & 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorney ID: #200198 PENSION a APPRAISERS INC. P.O. Box 4396 • Allentown, PA 18105-4396 1-800-447-0084 •Fax 610-770-9342 March 11, 2005 E-MAIL: penapp@pensionappraisers.com 1VR'W: http:/hvww.pensionappraisers.com Laura Gargiulo, Esq. PO Box 999 Harrisburg, Pennsylvania 17108 RE: Present Value of Neil Wolvin's Defined Pension Benefit File No. 03-07-05-045-0585G Dear Attorney Gargiulo: We have determined the marital portion of the present value of Neil Wolvin's defined pension benefit by the GATT Method as of March 11, 2005 to be $48,244.94. This valuation was developed and prepared in conformity with the requirements of the Actuarial Standards of Practice No. 34. These Standards were developed by the Pension Committee of the Actuarial Standards Board of the American Academy of Actuaries. The purpose is to set standards for Members and Other Persons Interested in Actuarial Practice Concerning Retirement Plan Benefits in Domestic Relations Actions. Pension Appraisers, Inc. relies on the requestor to provide the information necessary to value pensions. In some cases, information not provided by the requestor may be obtained from plan summaries on file in Pension Appraisers, Inc.'s offices. All information received from the requestor is reviewed for practicability and reasonableness. Any information in question is verified with the requestor, when possible. Any deficiencies in data may materially affect the results of the appraisal. Pension Appraisers, Inc. utilizes the fractional rule allocation method in valuing all pensions for equitable distribution purposes unless otherwise stated. BIRTH DATE: November 6, 1939 SEX: Male MARRIAGE DATE: December 18, 1994 VALUATION DATE: March 11, 2005 PENSION PLAN: Public Services Enterprise Group Inc. Pension Plan DATE EMPLOYMENT STARTED: June 11, 1962 (Assumed date pension holder began participation in the plan) DATE BENEFITS STOPPED ACCRUING: February 20, 2001 (Assumed date'pension holder ended participation in the plan) ASSUMED DATE MARRIAGE ENDED: December 17, 2002 AGE WHEN BENEFITS COMMENCE: 65.34 years (age on March 11, 2005) "Valuators of Defined Pension Benefits for Equitable Distribution', EXHIBIT "a" GATT Actuarial and Mortality Tables Method March 11, 2005 Neil Wolvin - # 03-07-05-045-0585G Page 2 MORTALITY TABLES: 1983 Group Annuity Mortality Tables INTEREST RATE ASSUMPTIONS: 4.72% 30-Year U.S. Treasury Bond Constant Maturity Rate for the Month of the Date of Valuation. U.S. Treasury Bond Rate: 4.72% ASSUMED MONTHLY BENEFIT: $2,328.28 Monthly pension benefit the pension holder would receive at retirement age with a fully vested pension based upon compensation and plan provisions as of February 20, 2001. - REDUCTION FOR NON-VESTING: 1.0000 Represents a reduction for the probability of service to 100 percent vesting as equal to the portion already completed. REDUCTION FOR MARITAL COVERTURE FRACTION: 0.1596 Represents that portion of the value of the benefits attributable to the marriage. The numerator of the fraction represents the total period of time the pension holder participated in the plan during the marriage and the denominator is the total period the pension holder participated in the benefits program. PRESENT VALUE BEFORE REDUCTIONS: $302,286.61 Reduction for Non-vesting: x 1.0000 Reduction for Marital Coverture: x 0.1596 VALUATION FOR EQUITABLE DISTRIBUTION: $ 48,244.94 copy C> o c m a m rr?? Z n This Deed Na w Na O 70 -9 S G)?N O '1 c v M m r- i -? m m s ?vM v Made the 30th day of .hfly 2001 n BETWEEN FINE LINE HOMES, INC., a Pennsylvania Corporation, 4 7300 Derry Street, Harrisburg, Dauphin County, Pennsylvania, Parry of the First Part, hereinafter designated as the GRANTOR, AND NEIL A. WOLVIN a married man, of Shamong, New Jersey, Party of the Second Part, hereinafter designated as the GRANTEE. WITNESSETH,, that the Grantor for and in consideration of ONE HUNDRED FORTY-ONE THOUSAND NINE HUNDRED AND 00/100 ($141,900.00) DOLLARS, lawful money of the United States of America, to the Grantor in hand well and truly paid by the Grantee, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, and the Grantor being therewith fully satisfied, does by these presents grant, bargain, sell and convey unto the Grantee forever. ALL THAT CERTAIN PIECE OR PARCEL of ground situate in Upper Allen township, Cumberland County, Pennsylvania, being more fully described as follows, to wit: BEGINNING at a point, said point being located the following four (4) courses and distances from the intersection of the eastern right-of-way line of Bumble Bee Hollow road and the southern right-of-way line of Old Hollow Road: 1. Along a curve to the right with a radius of fifteen and zero hundredths feet (15.00 feet) an arc length of twenty-four and seventy-four hundredths feet (24.74 feet) the chord of said curve having boa.. 247 PAGE3739 EXHIBIT "B" a bearing of north fifty-six degrees twenty-nine minutes forty-one seconds east (N 560 29'41 " E) and distance of twenty-two and three hundredths feet (22.03 feet) to a point on the southern right-of-way line of Old Hollow Road; 2. South seventy-six degrees fifteen minutes forty-nine seconds east (S 76° 15'49" E) a distance of one hundred twenty seven and eighty two hundredths feet (127.82 feet) to a point; 3. Along a curve to the right with a radius of two hundred seventy-five and zero hundredths feet (275.00 feet) an arc length of one hundred forty-three and seven hundredths feet (143.07 feet) the chord of said curve having a bearing of south sixty-one degrees forty-nine minutes seventeen seconds east (S 61 ° 49' 17" E),and a distance of one hundred forty-one and sixty-nine hundredths (141.69 feet) to a point; 4. Thence along said right-of-way line south forty six degrees twenty seven minutes fifteen seconds east (S 46° 27' 15" E) a distance of four and fifty three hundredths feet (4.53 feet) to a point on the southern right-of-way line of Old Hollow Road; Thence along the southern right-of-way line of Old Hollow Road and the northern boundary line of lot number three (3) of a Final Subdivision Plan for Phase One of Bowman Village, more properly known as Bowman's Village, by Dawood Engineering, Inc., dated July 1, 1996, south forty-six degrees twenty-seven minutes fifteen seconds east (S 46° 27' 15" E) a distance of twenty-two and zero hundredths feet (22.00 feet) to a point at the northeastern corner of said Lot Number Three (3) said point along being the northwestern corner of Lot Four (4) of said subdivision; Thence along the eastern boundary line of said Lot Number Three (3), and the western boundary line of Lot Number Four (4) south forty-three degrees thirty-two minutes forty-five seconds west (S 43° 32'45 " Vii a distance of one hundred and seven and three-hundredths feet (107.03) to a point at the southeastern corner of said Lot Number Three (3) and the southwestern comer of Lot Number Four (4); Thence along the southern boundary of said Lot Number Three (3), north forty-six degrees twenty- seven minutes fifteen seconds west (N 46° 27' 15" W) a distance of twenty-two and zero hundredths feet (22.00 feet) to a point at the southwestern corner of said Lot Number Three (3) and the southeastern comer of Lot Number Two (2); I Thence along the western boundary line of said Lot Number Three (3) and the eastern boundary line of Lot Number Two (2) north forty-three degrees thirty-two minutes forty-five seconds East (N 43 ° 32' 45" E) a distance of one hundred and seven and three-hundredths feet (107.03 feet).to the place of beginning. 80by 24? PAGi3740 The above described tract being known as Lot No. 3 of the Final Subdivision Plan of Bowmans Village, more properly known as Bowman's Village - Phase I, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 73, Page 74 and containing fifty four thousandths acres, more or less (0.054 Ac. +/-). HAVING THEREON ERECTED a two story townhouse known as 2244 Old Hollow Road, Mechanicsburg, Pennsylvania 17055. TINDER AND SUBJECT to Declaration of Protective Covenants, Restrictions and Conditions as recorded in Miscellaneous Book 540, Page 759. BEING PART OF THE SAME PREMISES which Bowman's Village Partners, a partnership, by its deed dated the 9th day of August, 1999 and recorded the 18th day of August, 1999, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 205, Page 1132, granted and conveyed unto Fine Line Homes, Inc., a Pennsylvania corporation, GRANTOR herein. TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantor both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantees and to the Grantees' proper use and benefit forever. AND the Grantor covenants that, except as may be herein set forth, it does and will forever specially warrant and defend the lands and premises, hereditamerts and appurtenances hereby conveyed, against the Grantor and all other persons or entities lawfully claiming the same or to claim the same or any part thereof, by, from or under it, them or any of them. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require. Wherever in this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if the words "heirs, executors, administrators, personal or legal representatives, successors and assigns" had been inserted after each and every such designation. bO?X 247 PAGE3741 IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day and year first above written. ATTEST: FINE LINE HOMES, INC. v (CORPORATE SEAL) -.• ', 5. yak, * Yyr: ' B ` ce President COMMONWEALTH OF PENNSYLVANIA, COUNTY OF t1/f/ SS. BE IT REMEMBERED, that on Tu L./ 36 2001, before me the subscriber personally appeared 7oLln1 L Sct-.l, L, a (r who acknowledged him/herself to be the Vice President of FINE LINE HOMES, INC., a Pennsylvania Corporation, and that being authorized to do so as such corporate officer executed the foregoing instrument for the purposes therein contained on behalf of the corporation. WITNESS my hand and seal the day and year aforedescribed. '' - 8 s Notary Public Notaft Seal 7 Barbera F. HaWW, Notary Pudic Swep,a Twp., DaupNn Gwnry My CprtaNnbn Bores Dac. 31, 2001 I HEREBY CERTIFY that the precise residenat lion of Nokdaa I Certify this to be recorded In Cumberland County PA Recorder of Deeds. -z Yy 4wd,- Alwo ••• loeh the eAzof., s4!5? 00 r?0,? >at-s ttomey for Grantor/ • ees AAWOLVM.3- oouK 247 PAGE3742 ? hJ ? l _ ) t.. , 1 1 ..... t_. _i ? - 1 ( .. If <, 1 '` NEIL A. WOLVIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-0374 MARGARET E. FITZPATRICK, : CIVIL ACTION - LAW Defendant : IN DIVORCE PLAINTIFF'S PRETRIAL STATEMENT Neil A. Wolvin, Plaintiff, by and through his counsel William L. Grubb, Esquire, hereby files this Pretrial Statement pursuant to Pa. R.C.P. 1920.33 and respectfully states as follows: Plaintiff's Inventory and Appraisement will be filed prior to Pre-trial Conference, reserving the right to amend as necessary. MARITAL ASSETS VALUE DATE VALUE 1. Wife's 401(k) N.J. Legal Services 2003 $11,000.00 Vanguard 2. Husband's PSE&G retirement 2005 NON-MARITAL ASSETS Value 1. 2244 Old Hollow Road 2003 $100,000.00 EXPERT WITNESSES The Plaintiff reserves the right to call expert witnesses upon reasonable notice to defendant. LAY WITNESSES $2,328.28 per month 1 The Plaintiff may call: Neil A. Wolvin, Plaintiff Margaret E. Fitzpatrick, Defendant (as on cross examination) The Plaintiff reserves the right to call additional witnesses upon reasonable notice to Defendant. trial. EXHIBITS The Plaintiff reserves the right to supplement this statement prior to Plaintiff intends to present the following Exhibits: 1. Husband's Federal Income Tax returns for various years. 2. Wife's Federal Income Tax returns for various years. 3. Defendant's Answers to Plaintiff's Interrogatories. 4. Social Security Statement of Plaintiff 5. Plaintiff's retirement statements 6. Bank statements 7. Pension Appraisal EXHIBIT "A" 8. Marriage Settlement Agreement from previous marriage 9. Defendant's Bankruptcy petition and supporting schedules 10. Motion For Relief From The Automatic Stay filed with the United States Bankruptcy Court for the Middle District of Pennsylvania, 1-05-BK- 08966-MDF. EXHIBIT "B" 11. Defendant's Response and Objection to the Motion for Relief from the Automatic Stay. EXHIBIT "C" 12. ORDER Granting Motion For Relief From Automatic Stav EXHIBIT "D" 13. Acceptance of Plaintiff's Production of Documents ~ EXHIBIT "E" The Plaintiff reserves the right to introduce and use additional exhibits upon reasonable notice to Defendant. INCOME As determined at the March 03, 2006 support conference, Husband has an income of $2,328.28 PSE&G retirement pension per month, Social Security benefits of $1,316.00 per month, for a total monthly income of $3,784.28. Wife currently has an income of $1,666.00 worker's compensation per month and $640.00 in spousal support, for a total of $2,306.00 2 FYPFNCF.C Husband and Wife have submitted expense reports at the support conference on November 21, 2001, and Husband will submit an updated expense report at the time of the pre-trial conference. PENSION INFORMATION The Plaintiff's pension from PSE&G is $2,328.00 per month, and a copy of the appraisal is attached as an exhibit to this Pre-Trial Statement. Defendant has no pension or other retirement type accounts other than her interest in the 401(k) listed in Marital Assets. COUNSEL FEES The Plaintiff claims counsel fees, costs and expenses in that Defendant has through her actions and inaction engaged in a course of conduct which was dilatory, obdurate and vexatious and served only to harass and annoy the Plaintiff and prolong this litigation. Defendant has sufficient income through current employment and through her anticipated retirement to pay for her expenses Plaintiff requests attorney fees, costs and expenses be awarded to her for this action. Husband has retained legal counsel and an itemization of charges for services rendered and costs for these proceedings will be presented at the time of trial. DISPUTED ECONOMIC ISSUES Husband receives retirement pension from PSE&G, a part of which is marital property- 3 The real property at 2244 Old Hollow Road is Non-Marital property and was purchased with funds acquired as separate property as through an agreement pursuant to the previous divorce of the parties in 1994. Wife has had ample and adequate opportunity to obtain and remove property, personal and otherwise, from the residence at 2244 Old Hollow road. Defendant filed Defendant/Petitioners Petition for Special Relief, in April / May of 2003, subsequently gained access to the property and her counsel advised Plaintiff's counsel that all items had been removed, which was then followed by Plaintiff/Respondent's Answer to the Petition for Special Relief , indicating that the matter was then moot. Subsequent and continued claims regarding obtaining property held by Plaintiff are unfounded and only serve to support Plaintiff's claim that Defendant has through her actions engaged in a course of conduct which was dilatory, obdurate and vexatious and served only to harass and annoy the Plaintiff and prolong this litigation. MARITAL DEBT VALUE DATE AMOUNT 1. Will be updated at time of trial PROPOSED RESOLUTION OF ECONOMIC ISSUES The Plaintiff proposes the following resolution of the economic issues: To be distributed to wife: VALUE 1. 15.96% of PSE&G monthly $371.59 pension 2. Other property in her possession To be distributed to husband: VALUE 4 1. Balance of PSE&G retirement $1,956.69 2. Current real property purchased as non-marital 3. Other property in his possession Husband reserves the right to supplement this memorandum should additional discovery material become available. Respectfully sub I n--? 1 . A? "- William L. Grubb, Esquire I.D. # 72661 3803 Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for Plaintiff NEIL A. WOLVIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-0374 MARGARET E. FITZPATRICK, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, WILLIAM L. GRUBB, Esquire, certify that I have served a copy of the foregoing Plaintiff's Pre-trial Statement on the individual listed below by depositing the same in the United States Mail, First Class, postage prepaid, at Camp Hill, Pennsylvania: Leslie A. Tomeo, Esquire ROMINGER & WHARE 155 South Hanover Street Carlisle, PA 17013 t Z,.? (0 Date: t -o- A e'-*' , William L. Grubb, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 I.D.``72661 6 PENSION APPRAISERS INC. P.O. Box 4396 • Allentown, PA 18105-4396 1-800-447-0084 9 Fax 610-770-9342 March 11, 2005 E-MAIL: penapp@pensionappraisers.com W1'VVV: http://ivww.pensionappraisers.com Laura Gargiulo, Esq. PO Box 999 Harrisburg, Pennsylvania 17108 RE: Present Value of Neil Wolvin's Defined Pension Benefit File No. 03-07-05-045-0585G Dear Attorney Gargiulo: We have determined the marital portion of the present value of Neil Wolvin's defined pension benefit by the GATT Method as of March 11, 2005 to be $48,244.94. This valuation was developed and prepared in conformity with the requirements of the Actuarial Standards of Practice No. 34. These Standards were developed by the Pension Committee of the Actuarial Standards Board of the American Academy of Actuaries. The purpose is to set standards for Members and Other Persons Interested in Actuarial Practice Concerning Retirement Plan Benefits in Domestic Relations Actions. Pension Appraisers, Inc. relies on the requestor to provide the information necessary to value pensions. In some cases, information not provided by the requestor may be obtained from plan summaries on file in Pension Appraisers, Inc.'s offices. All information received from the requestor is reviewed for practicability and reasonableness. Any information in question is verified with the requestor, when possible. Any deficiencies in data may materially affect the results of the appraisal. Pension Appraisers, Inc. utilizes the fractional rule allocation method in valuing all pensions for equitable distribution purposes unless otherwise stated. BIRTH DATE: November 6, 1939 SEX: Male MARRIAGE DATE: December 18, 1994 VALUATION DATE: March 11, 2005 PENSION PLAN: Public Services Enterprise Group Inc. Pension Plan DATE EMPLOYMENT STARTED: June 11, 1962 (Assumed date pension holder began participation in the plan) DATE BENEFITS STOPPED ACCRUING: February 20, 2001 (Assumed date `pension holder ended participation in the plan) ASSUMED DATE MARRIAGE ENDED: December 17, 2002 AGE WHEN BENEFITS COMMENCE: 65.34 years (age on March 11, 2005) "Valuators of Defined Pension Benefits for Equitable Distribution" A GATT Actuarial and Mortality Tables Method March 11, 2005 Neil Wolvin - # 03-07-05-045-0585G Page 2 MORTALITY TABLES: 1983 Group Annuity Mortality Tables INTEREST RATE ASSUMPTIONS: 4.72% 30-Year U.S. Treasury Bond Constant Maturity Rate for the Month of the Date of Valuation. U.S. Treasury Bond Rate: 4.72% ASSUMED MONTHLY BENEFIT: $2,328.28 Monthly pension benefit the pension holder would receive at retirement age with a fully vested pension based upon compensation and plan provisions as of February 20, 2001. REDUCTION FOR NON-VESTING: 1.0000 Represents a reduction for the probability of service to 100 percent vesting as equal to the portion already completed. REDUCTION FOR MARITAL COVERTURE FRACTION: 0.1596 Represents that portion of the value of the benefits attributable to the marriage. The numerator of the fraction represents the total period of time the pension holder participated in the plan during the marriage and the denominator is the total period the pension holder participated in the benefits program. PRESENT VALUE BEFORE REDUCTIONS: $302,286.61 Reduction for Non-vesting: x 1.0000 Reduction for Marital Coverture: x 0.1596 VALUATION FOR EQUITABLE DISTRIBUTION: $ 48,244.94 WILLIAM L. GRUBB, ESQUIRE ATTORNEY ID NO. 72661 3803 GETTYSBURG ROAD CAMP HILL, PA 17011 (717) 763-5580 (717) 763-6848 fax ATTORNEY FOR MOVANT/SPOUSE, NEIL A. WOLVIN IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: MARGARET E. FITZPATRICK, Debtor Chapter 13 Proceeding 1-05-BK-08966-MDF MOTION FOR RELIEF FROM THE AUTOMATIC STAY , ?Tp NO Na AND NOW comes Neil A. Wolvin, Movant, by and through his counsel, William L. Grubb, Esquire, and files this Motion to obtain an order for Relief from the Automatic Stay due to the necessity for the Movant to proceed with the divorce and equitable distribution proceedings that were filed prior to the initiation of this bankruptcy action and which Relief in necessary to permit the ultimate dissolution of the marriage between the parties. E-y4%j3U4*r u 1. On or about October 14, 2005, Debtor filed a Chapter 13 Bankruptcy Petition. 2. On or about January 24, 2003 Movant initiated divorce proceedings in the Court of Common Pleas of Cumberland County, Pennsylvania, Neil A. Wolvin v. Margaret E. Fitzpatrick, 03-0374. 3. The Movant and Margaret E. Fitzpatrick, Debtor, have lived separate and apart since December 17, 2002. 4. The next anticipated step in the divorce proceedings is obtaining discovery materials and a hearing before the Divorce Master of Cumberland County, and said proceedings are currently being delayed pending this Court's grant of relief. 5. The Order appointing the Divorce Master of Cumberland County to hear the Equitable Distribution and other matters was entered September 8, 2005, prior to the filing of the Bankruptcy Petition by the Debtor. 6. The Movant will suffer irreparable injury, harm and damage if relief from the stay is not granted because without such relief, Movant cannot reach the ultimate dissolution of the marriage and the ultimate resolution of marital property. 7. Margaret E. Fitzpatrick, Debtor, will suffer irreparable injury, harm and damage if relief from the stay is not granted because without such relief, Debtor cannot reach the ultimate dissolution of the marriage and the ultimate resolution of marital property. Furthermore, the purpose behind the bankruptcy act is to provide debtors with a new start, which goal cannot ultimately be obtained without the final disposition of the marital property and the entry of the divorce decree. 8. The property subject to distribution through the divorce proceedings is marital property which is exempt for the purposes of the bankruptcy. 9. The Trustee, Charles J. DeHart, III, Esquire does NOT concur in the granting of an order lifting the Automatic Stay to proceed with the divorce, equitable distribution and related matters. A Certificate of Concurrence is attached hereto as Exhibit "A". 10. The Debtor, Margaret E. Fitzpatrick, Pro Se, does NOT concur in the granting of an order lifting the Automatic Stay to proceed with the divorce, equitable distribution and related matters. Her Response indicating Non-Concurrence is attached hereto as Exhibit "B". WHEREFORE, Movant respectfully requests this Honorable Court Order that Relief from the Automatic Stay be granted to Neil A. Wolvin to proceed with the divorce action and related claims in the matter of Neil A. Wolvin v. Margaret E. Fitzpatrick, 03-0374, in the Court of Common Pleas of Cumberland County, Pennsylvania. Respectfully submitted, William L. Grubb, Esquire Attorney ID 72661 Attorney for Movant 3803 Gettysburg Road Camp Hill, PA 17011 Date: (717) 763-5580 ( 717) 763-6848 fax IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Chapter 13 Proceeding MARGARET E. FITZPATRICK, Debtor 1-05-BK-08966-MDF CERTIFICATE OF SERVICE WILLIAM L. GRUBB, counsel for the Movant, Neil A. Wolvin, hereby certifies that a copy of the foregoing Motion for Relief from the Automatic Stay and Order was served upon the following persons by regular first-class mail, postage prepaid on this 2''- day of A,0j , 2006. Margaret E. Fitzpatrick P.O. Box 533 Mechanicsburg, PA 17055 Debtor, Pro Se Charles J. DeHart, III, Esquire P.O. Box 410 Hummelstown, PA 17036 Trustee CERTIFICATE OF CONCURRENCE I hereby certify that I faxed a copy of the Motion to the Office of the Trustee, Charles J. DeHart, III, Esquire, and was informed in a subsequent telephone conversation that the Trustee does NOT concur in the granting of an order lifting the Automatic Stay to proceed with the divorce, equitable distribution and related matters, in Re: Margaret E. Fitzpatrick, 1-05-BK-08966. I verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: a'"?-ra cX?:.• William L. Grubb, Esquire I.D. 72661 3803 Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 (717) 763-6848 fax Exhibit "A" RESPONSE Please sign under the appropriate paragraph and return to my office. I CONCUR with the granting of an Order lifting the Automatic Stay to proceed with the divorce equitable distribution and other related issues in the divorce proceedings in the Court of Common Pleas of Cumberland County, Pennsylvania, Neil A. Wolvin v. Margaret E. Fitzpatrick, 03-0374. Date: Margaret E. Fitzpatrick, Debtor I DO NOT concur with the granting of an Order lifting the Automatic Stay to proceed with the divorce equitable distribution and other related issues in the divorce proceedings in the Court of Common Pleas of Cumberland County, Pennsylvania, Neil A. Wolvin v. Margaret E. Fitzpatrick, 03-0374. Date: A64'-CAI-a ?I /Margaret E. Fitzp rick, Debtor Exhibit "B" UNITED STATES BANKRUTPCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CHAPTER 13 MARGARET E. FITZPATRICK 1-05-bk-08966-MDF Pro Se Debtor RESPONSE AND OBJECTION TO THE MOTION FOR RELIEF FROM THE AUTOMATIC STAY Margaret Fitzpatrick, Pro Se Debtor responds to creditor, Neil Wolvin's Motion for Relief of Stay as listed below: 1. True 2. True 3. False leave movant to their proof 4. False leave movant to their proof 5. False leave movant to their proof 6. False leave movant to their proof 7. False leave movant to their proof 8. False leave movant to their proof 9. True 10. True Wherefore, Debtor respectfully requests Honorable Court to deny movant's relief from the Stay. k A'4-U ! Marga ret E. Fit atrick Pro Se Debtor PO Box 533 Mechanicsburg, Pa 17055 717-766-5205 ? N r a _ c? c` rn cn r= Margaret Fitzpatrick PO Box 533 Mechanicsburg, Pa 17055 717-766-5205 February 17, 2006 Clerk of US Bankruptcy Court Po Box 908 Harrisburg, Pa 17108 RE: MARGARET FITZPATRICK 1-05-bk-08966-MDF Dear Clerk: Enclosed please find proof of service regarding the filed Response to the Objection of Automatic Stay by Movant Wolvin. The above document was mailed to the following parties on February 17, 2006: William Grubb, Esq. ?` 3803 Gettysburg Road Camp Hill, Pa 17011 Trustee DeHart, III Po Box 410 Hummelstown, Pa 17036 Thank you for your consideration and cooperation in this regard. Very truly yours, Margaret Fitzpatrick Pro Se Debtor UNITED STATES BANKRUTPCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CHAPTER 13 MARGARET E. FITZPATRICK 1-05-bk-08966-MDF Pro Se Debtor PROOF OF SERVICE Margaret E. Fitzpatrick, Pro Se Debtor, hereby certifies that a copy of the foregoing Objection to the Motion fro Relief from the Automatic Stay and Order was served upon the following person by regular first class mail in the Mechanicsburg, Pennsylvania post office on February 2006. Trustee Charles J. DeHart, III Esquire PO Box 410 Hummelstown, Pa 17036 William Grubb 3803 Gettysburg Road Camp Hill, Pa 17011 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA In re: Chapter 13 Margaret E. Fitzpatrick ; Debtor(s) Case No. 1-05-bk-08966 Neil A. Wolvin Relief from Automatic Stay Movant Document No. 16 VS. Margaret E. Fitzpatrick Respondent(s) ORDER GRANTING MOTION FOR RELIEF FROM AUTOMATIC STAY Upon consideration of the Motion of Neil A. Wolvin for relief from the automatic stay, and after notice and hearing, it is ORDERED that the Automatic Stay be modified to permit Movant to proceed with the divorce and equitable distribution actions in the Court of Common Pleas of Cumberland County, Pennsylvania, except that no action may be taken to enforce against the Debtor's estate any order or decree of the Court of Common Pleas without further order of this Court. BY THE COURT, 7 Ban tip Judge Date: March 2, 2006 This electronic order is signed and filed on the same date. e? 4A -t JN, &,Pr (4, 1) It NEIL A. WOLVIN , : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-0374 CIVIL TERM MARGARET E. FITZPATRICK, : Defendant : IN LAW - DIVORCE PLAINTIFF'S PRODUCTION OF DOCUMENTS REQUESTED BY DEFENDANT To: Michael A. Hynum, Esquire 151 Reno Avenue, Suite 202 New Cumberland, PA 17070 Enclosed are the Plaintiff's documents requested in the above captioned matter. Kindly accept the same on behalf of the Defendant. ACCEPTANCE OF PLAINTIFF'S ANSWERS I accept the receipt of Plaintiff's Answers in the above captioned matter. DATE: Michael A. Hynum, Esq. E F?z 4k `fs Y te C7 6: ,?_ _.. __, _ ?? c ?` ?;? _- NEIL A. WOLVIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-374 CIVIL ACTION MARGARET E. FITZPATRICK, : Defendant : IN DIVORCE PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance in the above captioned matter on behalf of the defendant, Margaret E. Fitzpatrick. tto ey for Defendant Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 cc: William L. Grubb, Esquire Fn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NEIL A. WOLVIN, CIVIL ACTION LAW Plaintiff DOCKET No. 03-0374 V. MARGARET E. FITZPATRICK, Defendant IN DIVORCE MOTION TO WITHDRAW AS COUNSEL AND NOW, comes Michael O. Palermo, Esquire and Leslie A. Tomeo, Esquire of Rominger & Whare who files this Motion to Withdraw as Counsel, and in support thereof, avers as follows: 1. Undersigned counsel entered their appearance as counsel for Defendant, Margaret E. Fitzpatrick, on April 10, 2006, in the above captioned docket. 2. Defendant has requested that undersigned counsel withdraw as she desires to proceed pro se in her divorce matters. (Request attached as Exhibit "A") WHEREFORE, Attorney Michael O. Palermo, Esquire and Leslie A. Tomeo, Esquire, respectfully requests that they be allowed to withdraw as counsel for the Defendant in the above captioned case. Respectfully submitted, ROMINGER & WHARE s' Michael O Palermo, Jr., Esqui 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant Leslie A. "To eo, Esquire 155 South H over Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #200198 Attorney for Defendaznt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NEIL A. WOLVIN, CIVIL ACTION LAW Plaintiff DOCKET No. 03-0374 V. MARGARET E. FITZPATRICK, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, and Leslie A. Tomeo, attorneys for Defendant, do hereby certify that they this day served a copy of the Motion to Withdraw as Counsel upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: William Grubb, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 Date: Michael O. Palermo, Jr., E A orney f Def dant Le 'e A. Tome Esquire Attorney for De endant IN THE COURT,OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NEIL A. WOLVIN, CIVIL ACTION LAW Plaintiff DOCKET No. 03-0374 V. MARGARET E. FITZPATRICK, Defendant IN DIVORCE VERIFICATION Michael O.Palermo, Jr., Esquire, and Leslie A. Tomeo, Esquire state that they are the attorneys for, Defendant in this action; that they make this affidavit as attorneys because they have sufficient knowledge or information and belief, based upon their investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unswom falsification to authorities. Date: 19 r 4A Mic} ael O. Palermo,.Jr., Esquire LeWie A. Tomeo, squi Attorney for Defe dant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NEIL A. WOLVIN, Plaintiff CIVIL ACTION LAW DOCKET No. 03-0374 IN DIVORCE V. MARGARET E. FITZPATRICK, Defendant REQUEST FOR WITHDRAWAL OF ATTORNEY MICHAEL O. PALERMO, JR. I, Margaret E. Fitzpatrick have requested that Attorney Michael O. Palermo, Jr., withdraw as my counsel in the above captioned Divorce action. February 6, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NEIL A. WOLVIN, V. Plaintiff CIVIL ACTION LAW DOCKET No. 03-0374 IN DIVORCE MARGARET E. FITZPATRICK, Defendant REQUEST FOR WITHDRAWAL OF ATTORNEY LESLIE A. TOMEO I, Margaret E. Fitzpatrick have requested that Attorney Leslie A. Tomeo, withdraw as my counsel in the above captioned Divorce action. February 7, 2007 ?.? ?? ? - _ ? ? -.:,,? --? '-'' ' ? ? ` ri?t . ? _, , _? rn _??? ? ?: ?} ??? ' - •? ? ? C..a i -,. t - _ y ?,y '""; ? ^'G i . NEIL A. WOLVIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-0374 MARGARET E. FITZPATRICK, : CIVIL ACTION - LAW Defendant : IN DIVORCE PLAINTIFF'S STATUS REPORT Neil A. Wolvin, Plaintiff, by and through his counsel William L. Grubb, Esquire, hereby files this Status Report in the above captioned matter and respectfully states as follows: 1. At the Pre-Trial Conference there were two questions to which the Master directed Counsel to investigate and provide answers to opposing Counsel prior to the scheduling of a hearing on the matter generally. Those questions were a.) What death benefit provisions are in place regarding the Plaintiff's PSE&G pension in favor of the Defendant?, and b.) What is the most recent appraisal of the value of the residence at 2244 Old Hollow Road, in which the Plaintiff resides? 2. Documentation has been obtained and provided to opposing counsel that Mr. Wolvin, the Plaintiff, has elected the PSE&G retirement option whereby in the event of his death, Ms. Fitzpatrick, the Defendant, will receive his full monthly retirement payment until her death. 3. The residence of the Plaintiff, at 2244 Old Hollow Road, has been appraised and a copy has been provided to opposing counsel. 1 4. Defendant has chosen to have an appraisal of the Plaintiffs residence at 2244 Old Hollow Road completed, but as of this date a copy has not been received by counsel for the Plaintiff. Respectfully su t d, Y?- William L. Grubb, Esquire I.D. # 72661 3803 Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for Plaintiff 2 NEIL A. WOLVIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-0374 MARGARET E. FITZPATRICK, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, WILLIAM L. GRUBB, Esquire, certify that I have served a copy of the foregoing Plaintiff's Pre-trial Statement on the individual listed below by depositing the same in the United States Mail, First Class, postage prepaid, at Camp Hill, Pennsylvania: Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 Date: J (z L -19 William L. Grubb, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 I.D. 72661 3 am 0-1 } t::7 NEIL A. WOLVIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-0374 MARGARET E. FITZPATRICK, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO WITHDRAW AN APPEARANCE and TO ENTER AN APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel of record for NEIL A. WOLVIN, the above-captioned Plaintiff. Respectfully, Date: l TO THE PROTHONOTARY: eanne B. Costopoulos, -Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 (717) 221-0900 Please withdraw my appearance as counsel of record for NEIL A. WOLVIN, the above-captioned Plaintiff. Respectfully, Date: ' I X-014-- William L. Grubb, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 NEIL A. ikk L yr nr Pi A-1 /4FF vs Case No. ZOO InA(c94RE t E. frt rp,A r 2�c� EFE6464i4°r To the Court: STATEMENT OF INTENTION TO PROCEED ?e MA#z64Rar E. Fr,-zPa ck_ Print Name JPC-4U intends to proceed with the above captioned matter. Date: Q ' / O pi Attorney for U-'-"� IMPORTANT NOTE In the event that this is a second or subsequent filing of a Statement of Intention to Proceed, this matter will be referred to the President Judge for the purpose of conducting a status conference involving all counsel. The goal of the status conference will be to set the matter for trial or other final disposition within a time certain. Prior to the status conference, Counsel will be expected to submit to the court, in writing, a proposed schedule for the completion of discovery, the filing of dispositive motions and a report as to whether alternative dispute resolution has been used or discussed. Pat 4. (,sol vrei vs Case No. 61 X371( STATEMENT OF INTENTION TO PROCEED To the Court: prQJ( (,L(v1V\ Print Name VCu a l-�5{J71�Q1(4.s Date: intends to proceed with the above captioned matter. 3. d 1 tom' N Sign Name op +a C> N CD c.:'1 Attorney for 1 z( wo(titrk IMPORTANT NOTE In the event that this is a second or subsequent filing of a Statement of Intention to Proceed, this matter will be referred to the President Judge for the purpose of conducting a status conference involving all counsel. The goal of the status conference will be to set the matter for trial or other final disposition within a time certain. Prior to the status conference, Counsel will be expected to submit to the court, in writing, a proposed schedule for the completion of discovery, the filing of dispositive motions and a report as to whether alternative dispute resolution has been used or discussed.