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HomeMy WebLinkAbout07-1335Donald A. Wolf, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW V. No. 0 7 - 13 3 S csuE ( ern Karen M. Wolf, Defendant IN DIVORCE NOTICE 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 you for any other claim or 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 the Cumberland County Court House, High and Hanover Streets, Carlisle. 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 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 Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABUTIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Donald A. Wolf, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW V. No. 6 ?3 3 CIO, ecnl Karen M. Wolf, Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Donald A. Wolf, who currently resides at 611 Burgners Road, Carlisle, Cumberland County, Pennsylvania, since January 22, 2007. 2. Defendant is Karen M. Wolf, who currently resides at 4350 Enola Road, Newville, Cumberland County, Pennsylvania, since September 1, 1998. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on October 3, 1998, in Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Date: ?- Respectfully submitted, ROMINGER LAW OFFICE M"rO. Palermo, Jr., ire Attorney for Plaintiff 155 South Hanover Street Carlisle, PA 17013 Supreme Court I.D. #93334 (717) 241-6070 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Date: 3A &2 Donald A. Wolf, W c^ _'l r f D Cl) O `b N C:j N 47 :G7 Donald A. Wolf, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW Karen M. Wolf, NO. 07-1335 Defendant IN DIVORCE PRAECIPE ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Karen M. Wolf in the above captioned matter. Date: 3 I d T ra iffie, Esquire E & ASSOCIATES 00 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sr -- I - > S C- ca DONALD A. WOLF, Plaintiff V. KAREN M. WOLF Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2007 CV 1335 CIVIL ACTION - AT LAW - IN DIVORCE Please withdraw the appearance of Michael O. Palermo, Esquire, in the above-captioned action as Marlin L. Markley, Esquire is entering his appearance on behalf of the Plaintiff. Respectfully submitt Michael O. Palermo 155 South Hanover Street Carlisle, Pennsylvania 17013 Date: ID# 93334 Tel. (717) 241-6070 TO THE PROTHONOTARY: Please enter the appearance of Marlin L. Markley, Esquire in the above-captioned action. Respectfully Date: ?1191'2aa'7 Marlin-r'm*ey, Esquire Law Offico of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011 ID# 8,4745 Tel. (717) 763-1800 r-> t? o cP) p DONALD A. WOLF, Plaintiff Vs. KAREN M. WOLF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 07-1335 IN DIVORCE MOTION FOR APPOINTMENT OF MASTER KAREN M. WOLF, Defendant, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property () Annulment ( ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The plaintiff has appeared in the action by his attorney, Michael O. Palermo, Jr., Esquire. (3) The Statutory ground(s) for divorce (is) (are) 43301(c) (3) Delete the inapplicable paragraph(s): a. The aefien is not . b. Am agfeement has been f-eacb C. The action is contested with respect to the following claims: All of the above except divorce. (4) The action (i*velves) (does not involve) complex issues of law or fact. (5) The hearing is expected to take one (ls) (days). (7) Additional information, if any, relevant to the motion: c l Date: b D Ahf?nf squire, Attorney for Defendant ORDER APPOINTING MASTER AND NOW, , 20 , appointed master with respect to the following claims: By the Court: Esquire is J. . 't r r, ? DONALD A. WOLF, Plaintiff Vs. KAREN M. WOLF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 07-1335 IN DIVORCE ANSWER TO COMPLAINT IN DIVORCE 1. Admitted. 2. Admitted. It is admitted that at the time of filing the Divorce Complaint, Defendant resided at 4350 Enola Road, Newville, Pennsylvania. It is further averred, however, that the Defendant's current address is 310 Bayley Street, Carlisle, Pennsylvania. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. WHEREFORE, Defendant requests your Honorable Court to enter a Decree pursuant to Section 3301(c) of the Divorce Code. COUNTERCLAIM COUNTI 9. Paragraphs 1 through 8 of the within Complaint are incorporated herein by reference as if set forth in their full text. 10. Plaintiff and Defendant are joint owners of various items of personal property, furniture and household furnishings acquired during their marriage, which are subject to equitable distribution. 11. Plaintiff and Defendant are or were joint owners of real estate located at 4350 Enola Road, Newville, Cumberland County, Pennsylvania, which was acquired during their marriage and which is subject to equitable distribution, as well as other real estate. 12. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Defendant requests your Honorable Court to enter a Decree equitably dividing the parties' property and apportion the debts incurred by the parties. COUNT II ALIMONY, ALIMONY PENDENTE LITE, AND COUNSEL FEES 13. Paragraphs 1 through 8 of Defendant's answers set forth above are incorporated herein by reference as if set forth in their full text, as well as paragraphs 9 through 12 of Defendant's Counterclaim which are likewise incorporated herein by reference as if set forth in their full text. 14. Defendant is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 15. Defendant is without sufficient property and otherwise unable to financially support herself despite being appropriately employed. 16. Plaintiff is presently employed and receiving a substantial income and benefits and is able to pay for counsel fees, expenses, and costs, as well as alimony, and alimony pendente lite for the Defendant. WHEREFORE, Defendant requests your Honorable Court to enter an Order requiring Plaintiff to pay for Defendant's counsel fees, expenses, and costs as well as providing for payment of an appropriate alimony and alimony pendente lite to Defendant. Respectfully submitted, Esquire 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. d, DATE: 11,41S R;WN M. WOLF DONALD A. WOLF, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW KAREN M. WOLF, No. 07-1335 Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire hereby certify that I did, the T day of January, 2008, cause a copy of Defendant's Answer to Complaint in Divorce and Counterclaim, to be served upon the Plaintiff, Donald A. Wolf, by serving his attorneys by first class mail, postage prepaid, at the following addresses: Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 Marlin L. Markley, Jr., Esquire 2108 Market Street Camp Hill, PA 17011 g DATE:_ 11 41 0 F3 ti JAN 0 82008,g4g DONALD A. WOLF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW KAREN M. WOLF, No. 07-1335 Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER KAREN M. WOLF, Defendant, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property () Annulment ( ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The plaintiff has appeared in the action by his attorney, Michael O. Palermo, Jr., Esquire. (3) The Statutory ground(s) for divorce (is) (are) 43301(c) (3) Delete the inapplicable paragraph(s): b. An agFeement has been feaehed with respeo to the fellewing . C. The action is contested with respect to the following claims: All of the above except divorce. (4) The action (des) (does not involve) complex issues of law or fact. (5) The hearing is expected to take one (ls) (days). (7) Additional information, if any, relevant to the motion: None Date: 11--)-] a nff' , squire, Attorney for Defendant ORDER APPOINTING MASTER AND NOW, , 20 07 Esquire is appointed master with espect t the following claims: j y? L ?-' ? lv 7 C -qd c? err t:V , ?5 . DONALD A. WOLF, Plaintiff VS. KAREN M. WOLF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 1335 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of , -1A? A-k 2008, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on August 4, 2008, the date set for a conference, the agreement and stipulation having been transcribed, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, Q, I WICA G1 Edgar B. Bayley, P.J. cc: Vfarlin L. Markley Attorney for Plaintiff radley L. Griffie Attorney for Defendant O 1.0 LU - _- ? C _3 c-? c 3 I/ DONALD A. WOLF, IN THE COURT OF COMMON PLEAS OF Plaintff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07 - 1335 CIVIL KAREN M. WOLF, Defendant IN DIVORCE THE MASTER: Today is Monday, August 4, 2008. This is the date set for a conference in the above-captioned proceedings. Present in the hearing room are the Plaintiff, Donald A. Wolf, and his counsel Marlin L. Markley, and the Defendant, Karen M. Wolf, and her counsel Bradley L. Griffie. This action was commenced by the filing of a complaint in divorce on March 9, 2007, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. With respect to the grounds for divorce, counsel are going to provide today, when they return, the affidavits and waivers for signature by the parties. The affidavits and waivers will be filed with the Prothonotary by the Master's office and the divorce can conclude under Section 3301(c) of the Domestic Relations Code. Wife filed a counterclaim on January 7, 2008, raising economic issues of equitable distribution, alimony, alimony pendente lite and counsel fees. 1 The parties were married on October 3, 1998, and separated January 22, 2007. The parties are the natural parents of two minor children, both of whom reside with wife. The Master has been advised that after negotiations this morning, the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Consequently, when the parties leave the hearing room today, they are bound by the terms of the agreement even though they have not subsequently signed the agreement affirming the terms of settlement. The Master has been advised, however, that the parties and counsel will return later this morning to review the agreement for typographical errors, make corrections as necessary, and then affix their signatures affirming the terms of settlement. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final 2 n DONALD A. WOLF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW KAREN M. WOLF, : NO. 07-1335 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on March 9, 2007 and served on March, 14, 2007, as indicated in Acceptance of Service. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. 1..????.../ DATE: 74he I -t DONALD A. WOLF, CJ '``' c. ? ? --a ?. ? =;???-? ?t ` _ -tom - ? n ." , ! `? ??? j DONALD A. WOLF, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW KAREN M. WOLF, NO. 07-1335 CIVIL TERM Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: Ald_ DONALD A. WOLF, P mtiff t ^+? i? } "i"] < s t-': r _, ..:. e:'x ._ ?_ ,: ,;' e 4 ..,.? ?,?:. ? R ' ?? ., N?e «, .. G DONALD A. WOLF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW KAREN M. WOLF, : NO. 07-1335 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 2. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on March 9, 2007 and served on March, 14, 2007, as indicated in Acceptance of Service. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: I O r?)L - KAR*N -TT M. WOLF, efenda -Tj i -, C -r r Cr f' ; DONALD A. WOLF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW KAREN M. WOLF, NO. 07-1335 CIVIL TERM Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: ???"' ivalt-, :2. 2 Id N M. WOLF, Defend C'} n `... C:a DONALD A. WOLF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW KAREN M. WOLF, NO. 07-1335 CIVIL TERM Defendant IN DIVORCE ACCEPTANCE OF SERVICE I acknowledge that on March 14, 2007, I received a certified and true copy of a Complaint in Divorce and Notice To Defend and Claim Rights on behalf of my client, Karen M. Wolf, and confirm that I am authorized to do so. DATE Wq16 ie, Esquire ASSOCIATES r??rth Hanover Street Carlisle, PA 17013 ra Ca Cj x' C- ca DONALD A. WOLF, Plaintiff VS. KAREN M. WOLF, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1335 CIVIL ACTION - AT LAW - IN DIVORCE Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable, breakdown under § 3301(c) § 330f (d)(1) of the Divorce Code. (Strike out inapplicable section) 2. Date and Manner of service of the Complaint: Defendant's Attorney, Bradley L. Griffie, Esquire, accepted service of the Complaint on on March 14, 2007. See attached Acceptance of Service. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by the Plaintiff Auo ist 4, 20OR by the Defendant August 4, 2008_ (b) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: ; Date of filing of the Plaintiffs affidavit upon the respondent: ; Date of service of the Plaintiffs affidavit upon the respondent: 4. Related claims pending: Please incorporate, without merging, the attached Stipulation that was agreed upon at a conference with the Divorce Master into the Divorce Decree_ 5. (Complete either paragraph (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached, - (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: August 5,20OR; Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: Ai,g st 5, 2008 . Date: A 2 d ?? Marl' arkley, Esquire Law Offic of Patrick F. Lauer, Jr., LLC 2108 Market treet, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 cA :7 i t tt0 --s t 6- ' f!x * t _> t CD }C-; IN THE COURT OF COMMON PLEAS DONALD A. WOLF OF CUMBERLAND COUNTY STATE OF PENNA. Plaintiff VERSUS KAREN M. WOLF Defendant No. 07-1 335 DECREE IN DIVORCE AND NOW, -? 12'-, ? IT IS ORDERED AND DECREED THAT DONALD A. WOLF PLAINTIFF, AND KAREN M. WOLF ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN"; A BY T" COURT ATTEST: J. PROTHONOTARY /* /W-11W -0 .