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HomeMy WebLinkAbout98-06269• 0 h O 3 h L U y 0 3 c, C O- a 1 I orb it 1 ` ? I ??rliill(I'??? ? ??'; i Y Y J1Y\ 1, IN TIIE COURT OF COMMON PLEAS OF CUMUIiRLAND COUN'T'Y, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL 19 IN DIVOIWIS STATUS Sill DATE: ACTIVITIES: 1 r" i ROBERT J. ?JOI<hJ[:i?, PI ai:: t-i tf v;, . DoE<orErr Drrl ?•:?:I?,?,t TO: Lee E. Oesterling Luther E. Milspaw, Jr :?; 'iill: C;Pli!'C OF' Ci;[-0MON PLEAS OF PENNSYLVANIA CIVIL, ALtorncy for Plaintiff- At:torney for Defendant DATE: ^Jednesduy, Deceml)er 7c3, 1999 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (h) P(UVl(, 17 ,, p[)t rYf. ::'iit 'J"10 V;1.1'11 V711 : I:?• comp Ict.e illid lat1: ('-i L?1 4i(1.11. ,'J' ::?h I:?'lllt? tai r:r •11 t.o complete fI::;r",.1,u,/. DA'I'E COUNSEL FOR [;I, IF I COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTE", CER'.IFY THAT DISCOVERY IS COMPLETE, A DIREC'iIVE TO FILE PRETRIAL S'T'ATEMENTS WILL BE ISSUED IMMEDIATELY. i Ii THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERTJ. WORMSER Plaintilr, No.f 1`(Ct1 V. Civil Action - Divorce DOROTHY S. WORMSER Defendant NOTICE TO DEFEND AND CLAIM OF 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. Ajudgment 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. 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 Co. Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3 t66 N019CF.01; AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. § 3301(a)(6) - Indignities 23 Pa.C.S. § 3301(c) - (retrievable Breakdown; Mutual Consent 23 Pa.C.S. § 3301(d) - Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013. Telephone: (717) 240-6195. HAZLETT & OESTERLING Lee E. Oesterling LD. # 7 Attorney for Plaintiff 22 South Market Street Mechanicsburg, PA 17055 (717)790-0490 IN'1'LIE COURT' Oh COMMON PLEAS OF CUMHI;RL.AND COUNTY, PENNSYLVANIA RODER'1'J. WORMSER Plaintiff, No. 4f C ?L % Lt.<1 ju... V. DOROTHY J. WORMSER Defendant Civil Action - Divorce COMPLAIN'!' UNDER SECTION 3301(c) OR 3301(d) OF TH E DIVORCE CODE 1. Plaintiff is Robert J. Wormser, an adult individual, sui juris, who currently resides at, 844 Anthony Drive, City of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania 17055. 2. Defendant is Dorothy J. Wormser nee Stopyra, an adult individual, sui juris who currently resides at, 844 Anthony Drive, City of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, 17055. 3. Plaintiff has been a bona tide resident of the Commonwealth of Pennsylvania for a period of more than six (G) months immediately preceding the filing of this complaint. 4. The parties were married on the 15°i day of March, 1975, County of Somerset, State of New Jersey. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. 'T'here have been no prior actions for divorce or annulment instituted by either ofthe parties in this or any othcrjurisdiction 7. 'f'ile marriage is irretrievably broken. 8. 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. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. PlaintifPbelieves that Defendant may also file such an affidavit. 11. The parties have not entered into a written agreement as to support, custody, visitation of their child, alimony or property division but may do so prior to entry of a decree. 12. There are 2 minor children of the marriage, namely: Kevin R. Wormser (DOB: 11-11-82); Mark J. Wormser (DOB: 1-20-85). COUNTREQUEST FOR A NO-FAIII:I' UIVORCF. UNDI?K § 3301(c) OFTIIE DIVORCE. CODE 13. The prior paragraphs ol'this Complaint arc incorporated herein by rclb'ence thereto. 14. The marriage of the parties is in ell ievably broken. WHEREFORE, il'both parties the allidavits consenting to a divorce alter (90) days have elapsed tiom the date of the filing of this Complaint, plaintill'respecttidly requests the Court to enter a decree ofdivorce pursuant to § 3301(c) ol'lhe Divorce Code. IIAZLETI' & OES'rERLING Lee E.Oesterhng, .D. 1171320 Attorney ror Plaintiff 22 South Market Street Mechanicsburg, PA 17055 (717)790-0490 Date: VI',RIPICA'I'ION 1 ccrify that ulwn lxrsonal knonfcdgc or inf'unnatiou ;md bchcf Ihat the titalemcuts made in this Complaint are true :md correct. I understand that false statements herein we mark: snhicct to the poialtics of I8 Pa.C.S. ¢ 4904, relating to unstwm falsification to aulhorilics. Plainlifl'/ Robert J. Lee G. Oesterling.Tsquire % Attonne}, for h ,_ `? '?? ?, , \ ? ?., ,,, .. !?,' .- E-? ?? ? 'i [_? ?; ._? ? ? M v ?J ? ? ?? ? ? . ? , ?? ROBERT J. WORMSER, IN THE C(iIIR'I )i r'llt•1'q„p; 111,{70; 11F Plaint if f CUMBKRI ANI: I'I NMh YI,VAN I A VS. NO. vH r,:'.I• ? 'IVIi• 'I'I<I+hi DOROTHY S. WORMSER, CIVIL, A1'I IIIN Defendant IN I>IVUR('I•: CE:RTTFICATII: ',I I hereby certify on thi:; Ulpl / G?N-oN? '000, that a copy of the attacheli 1'I.1inl 111,i I i;l 1,, 1?1?•:.I (ti..I Production of Documents war w ii I, 1, 1,, :it I.I., 1?1,III,I t ?, DoIoI by . w, I m;;, I c/o: Luther E. Mi lul,.rv1, .It I',r•Inl l . 1 1U :.1 .II ?? :II I ?'•'1 Harr i:A)111 I, PA 17: . '?A ( hlu itu• A. Itnyll V?'I•:rr111 ((2 I .U. 117r? 1717 Atturrn,•y 1,i PI,mitiII M1. YI IIU, 111 bl 011, HALT/ONI:II b IIOYUf -110 000111 :11 001111 61111 1 1 - P 11 111 101: • I IAIIIIIS11O110, PA 17100 1/171: u. .bl:u - 1A11111I 11, 21111 <-, - IAW ill 111 1', MEYERS, CESFOR. SALT7.GIV1 It & W)YI.I n1u Nu1nu •d 1 ?ntl? •.nn r l 1. EMANUEL MEYERS 11915-19701 HARRISHU146.11A I/I(Nq BRUCE D. DESFOR LAURIE A. SALTZGIVER CATHERINE A. BOYLE I, 1IRI, II ,, E. Robert Elicker, 11 office of Divorce Mast.l•r CUMBERLAND County Court nI 1', Ir,nl .1; 9 North Hanover Street. Carlisle, PA 17013 Re: Robert J. Worim_;-_ i v. I I • I by Dear Master Elicker: As you are aware, I havl' 1 " •'11t / •.1,' . • ! uwy behalf of Mr. Wormser in tIt- .1i 1••I- .. „•t! Accordingly, your of f ico 11,1 w,11 ?{ •,{ 1 •, •1,. u1 .. r,u1, me to certify whether d i sr t v •ry It 1:; I • 1; I- t• received the notification on J,urll lry 1 deadline for counsel's n r,pon:; I1.I:; '•nm• u. ! •u•m: Wormser's prior attorney (ILd not Please also be adv-islod th:1t I im ::I 1 1 tit i::-i ; o Mr. Wormser's file from hi:. pr,•vi1 u:; it 1 : n• / :;hc, . • ttl:;•,:; provide same. once I recoivl• tIt,• f i!„ ul•! copies from the court, I Look Ltuw•Irt! 1 ) r. I;uudiny t,.: t!tt_ certification. Tracey indi.cat,•tl I IlAt ',"Ill 'd,VI1,! 11'-;nt extension for me to reply to Lw,, w. ,•;u I ():It cite d_'_ I received the document or Janu.u y ::'I, ot,t:. I f _ it"%": misunderstood, would you kind Iy ctmt Wl my cLI:i.r_. Thank you for your atte-ntion t () thi:; ut.ltter. if ycu hw•_ nte. any additional questions, pL:acr? (II) not !n?:,iener? to conLacit CAA/skc cc: Robert J. Wormatu' Luther E. Mi.l.spnw, ,Ir., I?:q. Vt?cy trul.y yours, 7 n _? Catherine A. Boyle I IN THE COURT OF COMMON PLEAS i CUMBERLAND COUNTY, PENNSYLVANIA lfff ?F ROBERT J. WORMSER, y Plaintiff' No. 98-6269 CIVIL V. DOROTHY J. WORMSER, : CIVIL ACTION - DIVORCE Defendant i DEFENDANT'S ANSWER TO COMPLAINT IN DIVORCE I!' WITH COUNTERCLAIMS NOTICE TO PLEAD AND 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. Ajudgment 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 manage counselors is available in the Office of the Prothonotary, Dauphin County Courthouse, Harrisburg, PA. 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT J. WORMSER, V. Plaintiff : No. 98-6269 CIVIL DOROTHY J. WORMSER, CIVIL ACTION -DIVORCE Defendant DEFENDANT'S ANSWER TO COMPLAINT IN DIVORCE WITH COUNTERCLAIMS NOTICIA Le ban demandado a usted en la torte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y arcMvar en la cone en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO DAMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT J. WORMSER V. Plaintiff : No. 98-6269 CIVIL DOROTHY J. WORMSER, CIVIL ACTION -DIVORCE Defendant DEFENDANT'S ANSWER TO COMPLAINT IN DIVORCE WITH COUNTERCLAIMS AND NOW comes Defendant Dorothy J. Wormser by her attorney Luther E. Milspaw, Jr., Esquire and answers the Complaint of Plaintiff with Counterclaims, as follows: 1-6. Admitted. 7. Denied. The averments of this paragraph constitutes a legal conclusion to which no response is required. r i 8. Denied. After reasonable investigation the defendant is without knowledge or i information sufficient to form a belief as to the truth of the averment. 9. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. 10. Denied. No answer required. It is denied that Defendant has any present intention to file an affidavit consenting to a divorce. 11. Admitted in part and denied in part. It is admitted that the parties have not entered into a written agreement as to support, custody, visitation of their child, alimony or any property division. The balance of the averment is denied. It is purely speculative as to whether that may be done prior to the entry of divorce decree. 12. Admitted. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER 3301(c) of the DIVORCE CODE 13. The answers to the previous paragraphs of this Answer are incorporated herein by reference. 14. Denied. The averments of this paragraph constitute legal conclusions to which no response is required. WHEREFORE, it is respectfully requested that this court deny Plaintiffs request for a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNTERCLAIM I DIVORCE: FAULT- INDIGNITIES 15. The Defendant Husband has committed such indignities to the Plaintiff Wife, the innocent and injured spouse, as to render her life burdensome and her condition intolerable. WHEREFORE, Plaintiff requests this Court to enter a Decree of Divorce dissolving the marriage between the parties. COUNTERCLAIM H EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 16. During the course of the marriage the parties have acquired various items of both real and personal property which are subject to equitable distribution by this court. WHEREFORE, Plaintiff prays this Court to equitably distribute the marital property pursuant to Pa. C.S.A. §3502. COUNTERCLAIM 111 ALIMONY PENDENTE LITF COUNSEL FEES COSTS AND EXPENSES 17. Plaintiff is without sufficient funds to support herself and to pay counsel fees, and the costs and expenses incidental to this divorce action. WHEREFORE, Plaintiff prays this court will award alimony pendente lite, costs, counsel fees and expenses as may be incurred in pursuit of this action, pursuant to Pa. C.S.A. §3702 and any other further relief this Court may decree. COUNTERCLAIM IV ALIMONY 18. Alimony is reasonable and necessary for Plaintiff. WHEREFORE, Plaintiff prays this court will award alimony, costs, counsel fees and expenses as may be incurred in pursuit of this action, pursuant to Pa. C.S.A. §3702 and any other further relief this Court may decree. COUNTERCLAIM V CUSTODY 19. The Counterclaim Plaintiff is Dorothy J. Wormser, residing at 844 Anthony Drive, City of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania 17055. 20. The Counterclaim Defendant is Robert J. Wormser, residing 844 Anthony Drive, City of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania 17055. 21. Counterclaim Plaintiff seeks joint legal and primary physical custody of the following children: Name Present Residence Date of Birt h ABe Kevin Robert Wormser. 844 Anthony Drive 11-11-82 16 Mechanicsburg, PA 17055 Mark Jason Wormser 844 Anthony Drive 1-20-85 13 Mechanicsburg, PA 17055 22. The children were not born out of wedlock. 23. The children are presently in the custody of Counterclaim Plaintiff and Counterclaim Defendant. 24. During the past five (5) years, the children have resided with both Counterclaim Plaintiff and Counterclaim Defendant at the following addresses: 844 Anthony Drive, Mechanicsburg, PA 17055 The natural mother of the children is Dorothy J. Wormser, who is married to Counterclaim Plaintiff. The natural father of the children is Robert J. Wormser, who is married to Counterclaim Defendant. 25. Counterclaim Plaintiff has not participated as a party or witness, or in any other capacity, in any other litigation concerning the custody of the children in this or any other court. 26. Counterclaim Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 27. Counterclaim Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 28. The best interest and permanent welfare of the children will be served by granting the Counterclaim Plaintiff Mother joint legal and primary physical custody of the children. 29. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as the parties to this action. There are no other persons who are known to have or claim a right to custody or visitation or the children have been given notice of the pendency of this action and the right to intervene. WHEREFORE, Counterclaim Plaintiff requests the Court to grant her joint legal and primary physical custody of the children. December 3, 1999 Respectfully submitted, MILSPAW & Luther E. Milspaw, Jr., Esc(uire I.D. #19226 /J 130 State Street P.O. Box 946 Harrisburg, PA 17108 (717) 236-0781 Attorney for Defendant/ Counterclaim Plaintiff WRIPIC'ATION I, the undersigned, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 PA. Section 4904 relating to unsworn falsification to authorities. I,...11j `? d/..t ri ill < < G?/urn rJ<" ?- Date: Dorothy J. W rns c= IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT J. WORMSER, Plaintiff' No. 98-6269 CIVIL V. DOROTHY J. WORMSER, CIVIL ACTION - DIVORCE Defendant CERTIFICATE OF SERVICE AND NOW, this 3rd day of December, 1998, 1, Luther E. Milspaw, Jr., Esquire, hereby certify that I this day served the foregoing Answer with Counterclaims by depositing the same in the U.S. mail, postage pre-paid, at Harrisburg, Pennsylvania addressed as follows: Lee E. Oesterling, Esquire 22 South Market Street Mechanicsburg, PA 17055 Y B. I Luther E. Milspaw, Jr., Esquire IAWl401(_I', MEYERS. DESFOR. SALTZGIVER 6 ©OYLE ,.0 NOW,r •.1 c o11u :n111 n o Mo..I ... I IMANUII MI v111•. 11 V14197111 HARRISBURG. PA 17108 1111W.C 11 Dr 'J (III LAII1111: A !,Al t JI.IVI II rMMt NIM! e 01"II E. Robl,rt I:I tck'•r, I i Office of 1)1 vorcr Master' CUMBERLAND County Court of Com;non 9 North Hanover Street C_trlisle, PA 17013 Re: Robert J. Wormser v. Dot:othI/ ;. ?rnr.(•r Dear Master Elicker: ••? fmtl.lfn I A•. I. H r u t n. Thank you once again in extending ttr, d'ad-line :.n rerpimd regarding the status of discovery in the ?Ibove-refer?:nced mat er. As you are aware, I have recently been retained to represent Mr. Wormser in this action. Although this case ',•ras initiated in 1998, it appears that little has been done by way of discovery 1,:; behalf of Mr. Wormser to date. Accordingly, I am forwarding a Request for Production of documents to Mrs. Wormser and anticipate timely response in Lhe next thirty (30) days. Assuming Mrs. Wormser is cooperative and the requested materials are received promptly, I antici.pato Mr. Wormser will be prepared to move forward with a master's hearing. Until such time, I cannot certified that discovery is complete in this matter. However, I would be willing, with your approval, to schedule a status conference for approximately forty (40) days from the date of this letter. Please let me know if I may be of any help in scheduling such conference. Thank you for your attention to this matter. Very truly yours, i Catherine A. Boyxe CAB/skc cc: Robert J. Wormser Luther E. Milspaw, Jr., Esq. ROBERT J. WORMSER, ?I P1aintiff V:i . DOROTHY S. WORMSER, Defendant !N THE ('OUR'P 01- C(iMMON PLEAS OF ('il'sl+h:RLANU ('(NP,:'1'Y, PRNNSYL,`lA"1L? PA). W1 (,269 ('!VI!, 'IERM (.'1VI1, AC'TiON IN DIVORCE. PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of the Plaintiff ill t above-captioned matter. Respectfully submitted, 1 i a herine A. Boyle, Es ire MEYERS, DESFOR, SALTZGIVER 6 BOYLE 410 NORTH SECOND STREET • P.O. 00X 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 MEYERS, DESFOR, SALTZ VER & BOYLE Attorney I.D. 476328 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 23(i-9428 Attorney for Plaintiff R(713F:R'I' J. WORMSI:R, IN THE' COURT OI' COMMON PLEAS OF PI,I i nt. it : CUMBERLAND COUN'T'Y, PENNSY1,VAN IA V:i. NO. 9H 6254 CIVIL 'PERM j' DOROTHY S. WORMSER, CIVI1_, ACTION Defendant IN DIVORCE i CERTIFICATE OF SERVICE I hereby certify that on this, day of 2000, a copy of. the foregoing Praecipe Lo Enter Appearance was I' sent via U.S. mail to: I Dorothy S. Wormser c/o Luther E. Milspaw, Jr., Esquire 130 State Street Harrisburg, PA 17101 ?I athe iv A. Boyle, Es ire I.D. ff76328 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER 8 BOYLE 410 NORTH SECOND STREET - P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 2369428 • FAX(717)236-2817 ROBERT J. WORMSER, IN THE COURT OF COMMON P.d?AS OF Plaintiff CUMBNRIAND (*0IJNfY, (PENNSYLVANIA vs. NO. ??1?..r• ?,?? CIVIL 'CPRtd DOROTHY S. WORMSER, CIVIL AC'CION Defendant IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please withdraw my appearance as attorney for the Plaintiff in the above-captioned matter. Respegtf-ully submitted, Lee Oesterling; Esquire I. D. It %i3?_D ,q2-South Market Street Mechanicsburg, PA 17055 (717) 790-0490 MEYERS, DESFOR, SALTZGIVER 8 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 2369428 • FAX (717) 2362817 ° SENDER: complo, items I WCYO, Z for sdi ioonal wmcu. I also wish to receive "to a •C mome items 3,4a. and ab. following services (for an ame and address on his, reverse of this form so that we can wurn this a G= extra foe): . { t" card I u. 0Mach this form to IM from of the madplsN, or on oN NU if SPAN does nal 1, ? Addressees Address a e parmit. •Wlts•Refum Recsrpr Reeuesfed'orr Ra ma,lWoa below the elide rwmber. 2.0 Restricted Delivery a The Relum Receipt Mq Mow tp whom the Snide was delivered end the data dellvMed. Consult postmaster (of 100. O p 3. a Addressed to: 4e. Article Number 1 cc a P405056830 E n OTHY S. WORMSER ab. Service Type 4 ANTHONY DRIVE ? Registered CertiNod 1CHANICSBURGr FA 17055 ? Express Mall ? Insured 5 .. ? Retum Receipt for Merchandise O COD a ,fRatpfC Delivery T ? 5. Received By: (Print Name) r ' res er' Address (Only if requested 6. U to fee p id) H 6. Signal : (AddressegAr Agpnf) 1y w 1,9j8 X 5Ul", ? ?, PS Form 3811, December tssa F??,?blf a Domestic Return Receipt t; r,''' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROIIERT.1. WORMSER Plaintiff, V. DOROTHY S. WORMSER No. 98-6269 Civil Action - Divorce CERTIFICATE OF SERVICE I hereby certify that on the 17th day of November , 19 98 , a true and correct copy of the Complaint in Divorce, Notice to Defend and Notice of Counseling in the above-captioned matter, was served upon the persons and in the manner listed below: Service by Certified Mail, Return Receipt # P405056830, and, Service by First Class Mail Postage Prepaid addressed to the following: Dorothy S. Wormser 844 Anthony Drive Mechanicsburg, PA 17055 'Fhe original Return Receipt and copy of first class mailing is attached hereto, marked as Exhibit °A", and incorporated by reference. OESTERLING Lee E. Oesterling, I.D. # 71320 Attorney for Plaintiff 22 South Market Street Mechanicsburg, PA 17055 (717)790-0490 :1 w a °inan C s *; n C7 F v+ ? ao W ¢ y i W¢?? O?ao o?J ¢t?U ? F Z o ¢ a?ou N6?uj N a m m .a u7 m Ln 0 z CL M '+ W x m E a O 3 W < •H fA C o C'. N xr= E Z r O O n 0ET E U ozz ~ ac ca c U aaW Ems ?- Y ?D°auun ? is - z m ? ,y.3NQ 'z7?Fc AN<? W?u c'z p F ¢ w7?OU N¢N;y ¢ ri ?y N G a Ln w Ln y o E r- 3 W a a > • M N ai D C7 N x E aZ y O E N ozz as x N 7? U acw £ cOE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT J. WORMSER, Plaintiff No. 98_6269 CIVIL V. DOROTHY J. WORMSER, Defendant CIVIL ACTION -DIVORCE ORDER AND NOW, 44''Fs9uire, is appointed master with respect to the following claims: Divorce, Distribution of Property, Alimony, Counsel Fees, Support, Alimony Pendente Lite, Costs and Expenses. BY THE COURT: #V i . -,? .- 3 ' ? ? ?? ? ? ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT J. WORMSER, Plaintiff No. 98-6269 CIVIL, V. DOROTHY J. WORMSER, CIVIL ACTION -DIVORCE Defendant MOTION FOR APPOINTMENT OF MASTER Dorothy J. Wormser, Defendant, moves the court to appoint a master with respect to the following claims: (x) Divorce (x) Distribution of Property ( ) Annulment (x) Support (x ) Alimony (x) Counsel Fees (x ) Alimony Pendente Lite (x) Costs and Expenses and in support of the motion states: 1. Discovery is not complete as to the claims for which the appointment of a master is required. 2. The defendant has appeared in the action by her attorney, Luther E. N ilspaw, Jr., Esquire. 3. The statutory grounds for divorce are 23 Pa.C.S.§3301 (a)(6) - indignities and 23 Pa.C.S. §3301(c) - irretrievable breakdown of the marriage. 4. Delete the inapplicable paragraph(s): (a) The action for Divorce is not contested. (b) An agreement has not been reached with respect to the economic claims. (c) The action is contested with respect to all economic claims. 5. The action involves complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motion: Respectfully Submitted, W& Date: IL I, s 1r] 1 Luther E. Wspaw, Jr., Esau Attorney I.D. No. 19226 130 State Street P. O. Box 946 Harrisburg, PA 17108-0946 (717) 236-0781 Attorneys for Defendant i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT J. WORMSER, Plaintiff No. 98-6269 CIVIL V. DOROTHY J. WORMSER, Defendant TO: Lee Oesterling, Esquire Robert J. Wormser DATE: CIVIL ACTION - DIVORCE Attorney for Plaintiff Plaintiff CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR, IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. i. Deposition of Plaintiff regarding earnings, earning capacity and dissipation of assets is outstanding. ii i i (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. February 28, 2000 Motion to Compel Deposition to be filed. DATE: COUNSEL FOR PLAINTIF ( ) COUNSEL FOR DEFENDANT (x) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED OR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. CC: Lee Oesterling, Esquire F:\LEM\D0M\Wormser\Motion Appt of Master k '01 n k ?,r;n s u, tery rf of ,V ,b I ?6-:'P f? :.t ?1 w 1 ^ 1 Y. If ,! ?. ? 1 1 ' py "Y ft???Y ? n /{ ? ? ?1?? 1 l' i I. `.. ENV ?J? „.r 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT J. WORMSER, Plaintiff No. 98-6269 CIVIL V. DOROTHY J. WORMSER, CIVIL ACTION -DIVORCE Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of LUTHER E. MILSPAW, JR., Esquire, as attorney for Defendant in the above captioned matter. Respectfully submitted, W& BY \/11 if W L\1 - Luther E. Milspaw, Jr., I.D. # 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108 (717) 236-0781 Dated: December 3, 1998 Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT J. WORMSER, Plaintiff No. 98-6269 CIVIL V. DOROTHY J. WORMSER, CIVIL ACTION -DIVORCE Defendant CERTIFICATE OF SERVICE AND NOW, this 3rd day of December, 1998, I, Luther E. Milspaw, Jr., Esquire, hereby certify that I this day served the foregoing Entry of Appearance by depositing the same in the U.S. mail, postage pre-paid, at Harrisburg, Pennsylvania addressed as follows: Lee E. Oesterling, Esquire 22 South Market Street Mechanicsburg, PA 17055 BY: Luther E. Milspaw, ROHI.:iIT PJUI!:!:'•i.l<, OF r'U,`•140N PLEA:; OF Pl,,:u+ : , , u;rHl:I<LP.NI? rUUNTY, PI•:NN:;YI,VANIA 'a?i - 6261) CIVIL. fa•twitl,u?t IN Ii1V0Itr.h; Jf<: ?i?f< F'?Uft'I' AN!) No-i, thi day 2000, both counsel hawing failed to recur document to the Master 'ti office which was 1999, certifying the status of discovery, the Master is vacated. of ' i the cert ication dated December 29, the appointment of BY THE COURT, cc: Catherine A. Boyle Attorney for Plaintiff Luther E. Milspaw, Jr. Attorney for Defendant f/!>-t-?eLL J -l0'00 Ij li `? (-I' ROBFRT J. WORMSI'.R. IN 1111% COI fit f OF Ct NIMON PI.L:AS OF I'lainlilT (1IMBFRI.ANI) COI IN I Y. PENNSYLVANIA v. CIVILACHON LAW DOROTI IY S. WORMSI•:It. Delcndant NO.98-6269 CIVIL ITRM DORGH IY S. IN TI11'. COI IIiT OFCOMMON PITAS OF WORMSER, CUMBIiRLAND COUNTY, PENNSYLVANIA Plaintiff V. DOMESTIC RELATIONS SECTION ROBERTJ.WORMSER, NO.99-1010 SUPPORT Delcndant PACSES NO. 832100520 ORDER OF COURT AND NOW, this 6°' day of April. 2001, upon consideration of the Motion to Withdraw as Counsel tiled in the above matter by Catherine A. Boyle, Esq., a Rule is issued upon Dorothy S. Wormscr and Robert J. Wormser to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY'fl IE COURT. Catherine A. Boyle, Esq. 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 1. Wesley 01 fir, Jr., C6e ?Al ??9 Mr. Robert .I. Wormscr P.O. Box 1164 Mechanicsburg. PA 17055 Dorothy S. Wormscr c/o Luther F. Milspaw..lr.. Fsy. 130 Slate Street I larrisburg. PA 17101 :rc ,i t? ROBERT J. WORMSE•;R, Plaintiff DOROTHY S. WORMSF.R Defendant DOROTHY S. WORMSER, Plaintiff VS. !ROBERT J. WORMSER Defendant .,. .HE. (')„R'1' i 'f;M%4.uN PLEAS OF {I?.klE : AN1) 1,,':17, ;1HNNS7LVANIA 'IVfI, hC"I'[CQ1 I?1VC?RCE 114 IN THE COURT O COMMON PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA NO. 1010 S 1998 13ACSES Case No. 832100520 : CIVIL ACTION : SUPPORT ORDER AND NOW, this day of , 2001, upon consideration of the Motion to Withdraw as Counsel, it is hereby ORDERED that Catherine A. Boyle, Esquire and Meyers, Desfor, Saltzgiver and Boyle, is withdrawn as counsel for Robert J. Wormser. BY THE COURT: J. MEYERS, DESFOR, SALTZGIVER S. BOYLE G10 NORTH SECOND STREET • PO. BOX 1062 • HARRISBURG, PA 17108 (717) 236.9,128 • FAX (717) 236 2817 ROBERT J. WCA01`';;k, :H;i i t' "'{UN PLEAS OF I'1,1int i:f ;+:NNSYI,VANIA :;. r I'!i I, TERM DOROTHY r;URMISER, U,.l?ndnnt ,,. J!`l 9t"ii DORO'T'HY S. 'AORMSER, 114 THE ('? UR'I' OF COMMON PLEAS OF Pl,aiutiff (I;XkFRI.ANP ('OUNTY, PENNSYLVANIA vs. NU. IUIr, S I)98 PACSHi No. 832100520 ROBERT J. WORMSER, CIVII, AC':'IUN Defendant SUPPORT T40TTON TO WTTITDRAW AS COUNSEL, AND NOW, comes Movant, Catherinne. A. Boyle, Esquire and Meyers, Desfor, Saltzgiver . Boyl,, and hereby files the following Motion to Withdraw as Counsel, and in support thereof ;avers as follows: 1. Movant is Catherine A. Boyle, Esquire and Meyers, Desfor, Saltzgiver & Boyle who is presently counsel of record for I? Robert J. Wormser, in the above-captioned actions. I 2. Respondent is Robert J. Wormser, a party in the above- captioned actions. 3. Movant has represented Respondent in the above-captioned divorce and support actions since January 2000. 4. Since approximately January 2001, certain difficulties have arisen between Movant and Respondent_ that interfere with Movant's ability to effectively represent Respondent. For example, extended periods of time, i.e. six months, will it I' MEYERS. DESFOR, SALTZGIVER 8 DOYLE 410 NORTH SECOND STREET • P.O BOX 1062 • HARRISBURG, PA 17108 II (717)2369-128 • FA%(717) 23U2H17 paP's with nr, r?spc>n:;, :1,,:n P, ;}u,nfi n! t , A- c-orn::;pc?ndvlf•,• ,uuli,n ?1••t1-n1i Ic,IIIIIVU;. ivi,i;t innally, despite Iope;Itcd req(I I; I- R1;1u,11(1..11: 1.Ii1:: t, i Iovide I certain information to Movant, whif•1 i:; IT, crsaary to represent Respondent efLectiv,:ly. Fuit}h,ur, until recently, Movant was not provided an accutatur ,Idflr.as and still has no accurate telephone number. S, on or about March 7, 2001, Re.sponder:t contacted Movant and indicated that he has spoken to another attorney regarding ?i his representation in the above-captioned actions. 6. Moreover, at the time Respondent retained Meyers, Desfor, Saltzgiver & Boyle, he executed a Fee Agreement in which he I agreed to pay attorney fees and litigation costs. Said i retainer agreement and contract for representation, which III was executed by the Respondent, required him to pay for Movant's hourly expenses on an ongoing basis. Respondent I has failed to comply with the terms of said Fee Agreement. I I7. In light of the foregoing, Movant believes that there has been a substantial breakdown in the attorney/client I? relationship, and Movant and her firm accordingly request ?i permission to withdraw as counsel for Respondent. 3 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236.9428 • FAX (717) 236 2817 WHERF,FORF, 6h>v,Int, (11tI I,•rin,- A. fiuyl?•, E:;' III iro uId Meyi•rn, Desfor, SaIt yivcr F, Boyle hvr,,by r._apecCf.ully requ,_st they be i permitted r.o wit hdraw as courts,-1 in the above-ca ptioned actions. Respectfully submitted, I li kvatherine . le, squire j MEYERS, DESFOR, SAL GIVER BOYLE Attorney I.D. lf76328 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 4 MEYERS, DESFOR, SALTZGIVER B BOYLE 10 NORTH SECOND STREET • PO. BOX 1062 • HARRISBURG. PA 17108 (717) 236 9428 • FAX (717) 2362817 ':9(i: "1<; ,:F CC?trMON PLEAS OF RUBS?R'I' ,J. 4iURM.`:Ri2, f?1,lint If PI•:CTISYLVADlIA ?•? ?. ? V1 1, TERM llORU'1'H'f S. WORMS[;R, 'i'lli. A:"CIG:i Defendant ,.: UIVC,R E DOROTHY S. WORMSER, TN '.'F COfiR'I' OF COMMON PLEAS OF Plaint i f f CUMdF;RI,ANi) ('OUN'I'Y, PENNSYLVANIA Vs. NO. 1010 S 1998 PAC9ES Case No. 832100520 I_ ROBI•:R'r J. WORMSER, (,'I V T 1, ACT I ON Defendant SUPPORT CERTIFTCA'IT,, 01' S1-',E2VTCE I hereby certify on this p? day of 0.j 2001, a copy of the foregoing Motion to Withdraw as Counsel was mailed first-class, postage pre-paid to: Mr. Robert J. Wormser P.O. Box 1164 Mechanicsburg, PA 17055 Dorothy S. Wormser c/o: Luther E. Milspaw, Jr., Esquire 130 State Street Harrisburg, PA 710 Catherine A. Boyle, Esq ire MEYERS. DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 1 (717) 236 9428 • FAX (717) 236 2817 `:,; MAY 1 8 2001 ')A/) ROBERT J. WORMSER, IN THE COUR'T' OI" COMMON PLEAS OP Plaintiff. CUI•iHi•:RLAND COUN'T'Y, PENNSYLVANIA vs. : No. 98-6269 CIVIL TERM DOROTHY S. WORMSER, : CIVIL AC'T'ION Defendant IN DIVORCE NC. 1010 S 1998 PACSES Case No. 832100520 : CIVIL ACTION : SUPPORT ORDER AND NOW, this -A--iL day of ?, 2001, upon consideration of the Motion to Make Rule Absolute, it is hereby ORDERED that Catherine A. Boyle, Esquire and Meyers, Desfor, Saltzgiver and Boyle, is withdrawn as counsel for Robert J. Wormser. BY THE COURT: i MEYERS, DESFOR, SALTZGIVER 8 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236.0428 • FAX (717) 2362817 l 'ice ROBERT J. WORMSER, IN THE COURT OF COMMON PLEAS OF Plaintiff: (UMBL'RLANI) COUN'T'Y, PENNSYLVANIA VS. N0. '1n-(,; W) CIVIL 'PERM DOROTHY S. WORMSER, CIVIL AC'T'ION Defendant IN DIVORCE NC. 1010 S 1998 PACSES Case No. 832100520 CIVIL ACTION SUPPORT MOTION 'rO MAKE RULE ABSOLUTE AND NOW, comes Movant, Catherine A. Boyle, Esquire, and Meyers, Desfor, Saltzgiver & Boyle, and hereby files the following Motion to Make Rule Absolute, and in support thereof avers as follows: 1. Movants are Catherine A. Boyle, Esquire, and Meyers, Desfor, Saltzgiver & Boyle, formerly counsel of record for Robert J. Wormser, in the above-captioned actions. 2. Respondent is Robert J. Wormser, a party in the above- captioned actions. 3. Movants filed a Petition to withdraw as Counsel on April 3, 2001. 4. Thereafter, this Honorable Court issued a Rule to show Cause. Said rule was returnable after twenty (20) days from the date of service of same on all parties. 5. Movants served said Rule on Wife's counsel on or about April 9, 2001 and on Mr. Wormser on or about April 11, 2001. MEYERS, DESFOR. SALTLGIVER 6 BOYLE 410 NORTH SECOND STREET • P.O. BO% 1062 - HARRISBURG, PA 17108 (717) 2969428 • FA%(717) 2964817 6. Prior to serving said Rule, Mr. Plormfler indicated to Movants that he no lonwti wir;hed for Movants to represent him. 7. Neither party has object,;rd to Movaims' Motion to Withdraw as Counsel. 8. More than twenty (20) days has passed since Movants served said Rule on Wife's counsel and Mr. Wormser. 9. Accordingly, Movants request this Honorable Court make the Rule to Show Cause absolute and permit Movants to withdraw as counsel. WHEREFORE, Movant, Catherine A. Boyle, Esquire, and Meyers, Desfor, Saltzgiver & Boyle, hereby respectfully request they be permitted to withdraw as counsel in the above-captioned actions. Respectfully submitted, catnerine A. Boyle, rsq MEYERS, DESFOR, SALTZGI & BOYLE Attorney I.D. #76328 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 3 MEYERS, DESFOR, SALTZGIVER 8 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 2369428 • FAX(717)236-2817 I` ROBERT J. WORMAI•:R, !. ;'HI: I'WT 1F ('UMMON PLEAS OF Plaint it ! ('U(1Pi'I'Y, PENNSYLVANIA vs. ?'IViI. TERM DOROTHY S. WORMSER, 1'11111, ,'1t"I'Ir11! Defendant IN 1,IVORCF: NO. 1010 S :995 PACSES No. 832100520 CIVIL. ACTION CF.P.TIFTCATE OF .SERVICE I hereby certify on this As qyday of , 2001, a copy of the foregoing Motion to Make Rule Absolge_ was mailed first-class, postage pre-paid to: Mr. Robert J. Wormser P.O. Box 1164 Mechanicsburg, PA 17055 Dorothy S. Wormser c/o: Luther E. Milspaw, Jr., 130 State Harrisburg, PA 1W01 Esquire MEYERS, DESFOR, SALTZGIVER 6 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 2368428 • FAX(717)236-2817 ScP,;2 7 7001 ROBERT J. WORMSER, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : No. 93-6269 CIVIL DOROTHY J. WORMSER, CIVIL ACTION -DIVORCE Defendant ORDER ,AND NOW, thi _2.11 of September, 2001 upon consideration of th Petitio for Special Relief of Defendant, IT IS ORDERED: ?'^;, t ' 1 47 1. That Plaintiff Robert J. Wormser immediately endorse the insurance proceeds check payable to him and Defendant in the amount of $18, 394.00 and deliver same, or have delivered, to Milspaw & Beshore, attorneys for Defendant at 130 State Street, Harrisburg, Pennsylvania 17101, on or before Noon, Friday, September 28, 2001. 2. That if Plaintiff refuses or is not available to endorse the said check, then Plaintiffs C Attorney, Carol J. Lindsey, Esquire, is to deliver the check to Defendant's Attorney, Luther.Ik Milspaw, Jr., Esquire, at 130 State Street, Harrisburg, Pennsylvania 17101, on or before Noon, Friday, September 28, 2001, and Defendant's attorney is authorized to endorse the check on behalf of Plaintiff, Robert J. Wormser, and deliver the said the full amount of said funds to the Defendant, Dorothy J. Wormser. ?, ll e?? i ?1{C+c?? iS tnl/<<l ?u tCr rn? zee 6JCLC3- ?? ( BY THE COURT: Copt-es PStLso,J;a(.( 91 b? ? (?O?Y vh-tL 4 `to 444y ?t/n log ?, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA A d ROBERT' J. WORMSER V. Plaintiff No. 98-6269 CIVIL CIVIL ACTION -DIVORCE DOROTHY J. WORMSER, Defendant PETITION FOR SPECIAL RELIEF Petitioner (Wife) is Dorothy J. Wormser, Defendant in the above captioned divorce action, represented by the undersigned.. 2. Respondent(Husband) is Robert J. Wormser, Plaintiff in the above captioned divorce action, represented by Carol J. Lindsey, Esquire. 3. The divorce action is pending and no master has been appointed. 4. On January 4, 2001, the marital residence of the parties was totally destroyed by a fire which started when the Husband permitted a candle to fall from a stool onto a sofa in the basement of the home, where he periodically spent the night. 5. Since shortly after January 4, 2001, Wife has been living at the Homewood Suites in Mechanicsburg, Pennsylvania. 6. The Husband and Wife have been separated since at least January 1, 1992, and Husband lives with his girlfriend, Ann Carmody, in Mechanicsburg, Pennsylvania. 7. Pursuant to the terms of the casualty insurance policy between the parties and one ;y I of the Commercial Union Insurance Companies, the parties are to be reimbursed for the expenses they each incur in obtaining substitute housing. Under the terms of the policy, the Wife incurred costs totaling $22,394.00 with the Homewood Suites, which she paid from her own funds or credit cards and submitted for reimbursement to the insurance company. Early on, she received an advance from the insurance company of $4,000.00 against such costs , and on or about August 27, 2001, the insurance company issued a check payable to her and Husband in the amount of $18, 394.00, reflecting the balance of the amount needed to reimburse Wife for her and the parties son's housing costs through July 21, 2001. The check was issued to the parties jointly. 8. Wife requested through counsel that the Husband endorse the check over to Wife so she, in turn, can utilize the proceeds to reimburse her for the payments she made to the Homewood Suites; and so she could utilize a portion of it to proceed with settlement on the purchase of a home in New Cumberland, Pennsylvania, which settlement is scheduled for Friday, September 28, 2001 at 4:00 P.M.. A copy of the letter making such demand is attached hereto as Exhibit A. 9. Husband has refused to endorse the check over to Wife. 10. On September 25, 2001, Husband, through his counsel agreed to endorse the check if he approved of the charges after he had the opportunity to personally review the Hotel invoices, which were sent with the letter; if the Wife agreed to a date of separation as June 30, 1997. In letter received today, Husband through counsel "says he will sign the check of I (Attorney Lindsey) am completely satisfied that we've received the co-operation we requested. I've asked for date for separation and pensionlretirement information for that date." A copy of Attorney Lindsey's letter is attached hereto as Exhibit B. 11. The Wife refused to agree to such a separation date in a letter faxed on September 26, 2001, for the reasons stated therein. A copy of the letter of September 26 is attached hereto as Exhibit C. 12. husband has absolutely no legitimate claim on these funds from the insurance company which reimbursed the Wife for money she has advanced for the housing costs of her and the parties son. It is unknown whether the husband has submitted his own casts to the insurance company to be reimbursed, such as he may have in his current living situation. 13. An Order compelling Husband to endorse the check over to Wife is required to permit Wife to go forward with her settlement on Friday, September 28, 2001. The Wife and her son have anticipated the opportunity to move out of the Hotel and into a home again, for over eight and one-half months, and will suffer irreparable harm in being unable to go forward with the settlement. 14.. The parties have already received reimbursement in the sum of $188,000.00 for the casualty loss to the marital residential which the parties split, each receiving the net sum of $44,000.00; and the parties have received an advance on the personal property loss of $45,000.00 against a probable claim in excess of policy limits at $131,000.00, which is being held in escrow by the undersigned attorney, pending resolution of the issues regarding equitable distribution of marital property in the above captioned divorce action. 15. Even if the Husband has a cognizable claim to any of the reimbursement monies for housing costs in the sum of $18,394.00, which is unequivocally denied, under no circumstances would his interest rise to more than 50%, and his interest in those funds is protected not only by the monies being held in escrow in the sum of $45,000.00, but also by additional funds yet to be received from the insurance company. WHEREFORE, it is requested that the Court enter an order requiring the Ilusband to endorse the aforesaid check in the sum of $18,394.00 and deliver it to the attorney for the Wife on or before Noon, Friday, September 28, 2001, or in the alternative, enter an Order demanding that the Husband's counsel deliver the check to the Wife's counsel and authorize the Wife's counsel to endorse the check on Husband's behalf. September 27, 2001 130 State Street, P.O.Box 946 Harrisburg, PA 17108-0946 (717) 236-0781; FAX 236-0791 Email: Lmileoaw0i mblawfirm.corn Attorney for Defendant/Petitioner Respectfully submitted, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT J. WORMSER, Plaintiff : No. 98-6269 CIVIL V. DOROTHY J. WORMSER, Defendant CIVIL ACTION - DIVORCE VERIFICATION I, Luther E. Milspaw, Jr., Esquire, attorney for DOROTHY J. WORMSER, the Defendant/Petitioner in the instant action, being duly sworn according to law, deposes and says that the Defendant is outside the jurisdiction of the court and her original verification cannot be obtained with the time allowed for the filing of the Answer and New Matter; that the facts set forth in the foregoing Answer and New Matter are true and correct to the best of the Defendant's knowledge, information and belief, all as related to the undersigned by Defendant; that an original verification shall be obtained from the Defendant as soon as possible and filed with the Court; and that the undersigned under.tands that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authoriti September 27, 2001 5 EXHIBIT A MILSPAW & BESHORE ATTORNEYS AT LAW 170 %rAT1:,%71U!1;T P.O. BOX 916 HARRISBURG, PA 17108-046 LUTIHAE MIISPAW,1r. MARVIN 1113110HE LLaAwth M. (Sable, NralrhA September 26, 2001 VIA FAX 717-852-3172 p20 AND REGULAR MAIL Carol J. Lindsey, Esquire. Saidis, Shuff, Flower & Lindsey 26 West High Street Carlisle, Pa. 17013 In re: Wormser v. Wormser Dear Carol: 717.71"781 LAX 717-MA I hn I L u.m(u mLLvn rm.nnn Ijust got off the phone once again with my client after reviewing everything with her in detail as well as having located a couple of items in my file which have led us to conclude that the date of separation is established as earlier than January 1, 1992, and we propose that as the date of separation for equitable distribution of marital property purposes. The basis for this date is as follows: The parties first began to discuss separation, and in fact may have separated prior to leaving New Jersey in 1988, and had several discussions if not commencement of separation prior to Bob's loss of his job with AMP in October 1991. There is no doubt in Dottie's mind that beginning before the date that Bob lost his job, they no longer had sexual relations, and were no longer sleeping in the same room, although they continued to live together in the house. The reason for continuing to live together was primarily for the sake of the boys and their communication and coordination of daily schedules was geared essentially to the care of the boys once Dottie began working again in March 1992. Some time in late 1991 or early 1992 they began to maintain separate bank accounts and did not coordinate their finances except to the extent that Bob made the mortgage payment and Dottie made all of the other payments up until the Spring of 1998, when Bob ceased making mortgage payments and that led to the commencement of a Support Carol J. Lindsey, Esquire September 26, 2001 Page 2 proceeding. Beginning prior to January I, 1992, in addition to not sleeping together, although they continued to make some trips visiting her parents and his parents with the boys, they never slept together at their respective parent's homes and both sets of parents as well as siblings of each party were aware that they had separated. They did not attend church together, they went to no neighborhood or work related parties together, they did not go out for dinner or movies or any other such events together with the exception of one or two occasions when they took the boys out to dinner. Each of them maintained their own lives and schedules without regard to the other's except as it related to the care of the boys. Dottie did continue to invite Bob to share dinner with her and the boys, which he occasionally did, and when she was doing laundry for herself and the boys, she would do occasionally his laundry as well, but that was more of an accommodation and an attempt to be nice, then any reflection that they had reconciled or were not separated. As I indicated in the telephone message I left, Bob refused to file joint tax returns beginning in the taxable year of 1995; and there is some possibility that they were splitting the tax return in some fashion, using it separately for the tax years 1994 and earlier. Finally, I found the original response to Interrogatories written in pencil by Bob that I directed to him at the end of December 1998, and which Lee Oesterling, Esquire delivered to me at the conference we had in my office February 18,1999. There are two Interrogatories asked to which Bob responded, which are germane to the issue of the date of separation: 1. His handwritten response to Interrogatory 24 in which I ask, "State the date upon which you contend that you and your spouse separated within the meaning of the Domestic Relations Code, §3103." His answer is "To be established, but prior to 1996." 2. In Interrogatory 29, I ask him "Identify by name, address and date, all persons with whom you have had a sexual relationship in the last ten(10) years, other than your spouse." In his handwriting, he scratched out 'ten' and wrote `nine', putting his initial next to the word 'nine', and then answered it as "None with spouse, none prior to separation.", from which I infer that he believed when he wrote in this answer to the Interrogatory that they had been separated at least nine (9) years prior to February 18, 1999, which is a date two years earlier than I propose we utilize. Accordingly, I propose and suggest that we stipulate that the date of separation is January 1, 1992. Carol J. Lindsey, Esquire September 26, 2001 Page 3 Please advise at once that Mr. Wormser has endorsed the additional living expense insurance check so that we may either have it picked up, or you may have Mr. Wormser deliver it to our office along with the demolition contract for our client's signature. I certainly hope to avoid the necessity of filing a Petition for Special Relief since there is no question in my mind that Mr. Wormser has absolutely no entitlement to a portion of the additional living expense insurance check. Please advise by the end of the day, if possible. I apologize for the earlier message which I left on your voice mail prematurely. Very truly yours, MILSPAW & BESHORE Luther E. Milspaw, Jr. LEMjr/epg EXHIBIT B LAW OFFW"; FLOWER & LINDSAY SAIDIS, SI-IUFF, ' Ill1N A 1'ROFIi`*tiIUN AI. CORPUItA ' 26 Wf:51' 11IGI1 SfKIiICI JAMFS D. rLOWF.lt CARI.ISLI?., PENNSYLVANIA 17011 243.6222 • rAC ANIIIX: (117).13.&186 (717) 'HON ' )Of IN Ii. SLIKI! M .i.El 1 EM11All.: nlK+rncywlssn-law.CUm ROBERT C SAIDIS ww'.SsR•Iaw.CUm GEOITREY S. SI IUIT JDt. CAROL J. LINDSAY JOHNNA I KOPECKY KARL M. LEDEBOHM JOSEPH L.I IITCHINGS THOMAS E. FLOWER September 21, 2001 Luther E. Milspaw, Jr., Esquire MILSPAW & BESHORE 130 State Street Harrisburg, 17101 RE: Wormser v. Wormser No. 98-6269 Civil Gds Dear Chip: $18,394.00. 1 1 Will try to contact Bob Worms2001d get his view on the check for 0 letter dated September 19, 2001 and note the check is dated August 27, demand for a response is by the end of the week. I must object to the tight schedule imposed on this office. Additionally, despite repeated requests, we cannot seem to get forma .ttie How a response about a timely a request for a tdate hat issu paration so we can move this matter from Very truly yours, CJUtib cc: Robert Wormser (wlencl) via FAX and 1" class mail 236-0781 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. d?U/pf . Carol J. Lindsay cut l 11.-- 10 1 I `.77 51L- aptl. 4 1 "t 0tti . I G V -:6.1:? ti IV e V. CG??Lc G WEST SIIOftF.OFFICI?; 2169 MA1tMARKI•J Sf R": 1' CAMP I DILL, VA 17011 TELEPHONE: (717)7374105 FACSIMILE: (717)737.3407 REPLY TO CARLISLE `I GC`•'rG (r?? ?• l - ? ? L'i1i•j °?YL - YtiL`?Yr. a?J'/jn?.?iGL•?i' f,?1?lyZif ?1" vlz?c ,, .. .0 :-,. n7.r ti ?i?I Iv ? ????cGc?2e?? kcL?Br•?2u Exhibit C MII.SPA%V & ltl:SIIORE arfOltNI:YS AT LA%v 1311 S'M71: % Ill I IT P.O. BOX 916 IIAIIIUSIMIUi, PA 1711184046 tU"I'IIIX I. MIIM'AW, I,. MANVIN 1111 IOU 11114br,h M. GAI" I'udr?J September 19, 2001 IIAND•DELIVERED Carol J. Lindsey, Esquire. Saidis, Shuff, Flower & Lindsey 26 West High Street Carlisle, Pa. 17013 In re: Wormser vs Wormser Dear Carol: 717•! 1 W 701 1 AX 717.2140711 In._I l,r??n JJ w fl nn.rom I enclose the insurance reimbursement check for in the sum of $18,394.00, restrictively endorsed over to my firm escrow account, with the supporting documentation from the Hilton Homewood Suites. As I advised you, it reflects reimbursement for the housing costs Dottie and Kevin incurred through July 21, 2001, which she paid periodically on her discover card. The credits total $22,394.00. Early on, she received an advance of $4,000.00, which Bob endorsed over. It is demanded that Bob endorse the check immediately and it be returned by you to this office to be delivered to Dottie for her used in going forward with settlement on her purchase of a home next week. You are not authorized to deliver the check to Bob. Please advise me that he has done so by this Friday or I will be compelled to file a Motion for Special Relief towards that end. He has absolutely no legitimate claim to these funds. If he has his own costs to be reimbursed, let him submit them to the insurance company himself. Do not forget that this entire situation is a direct result of Bob's acts, negligent or otherwise. May I have an early response? Very truly yours, MILSPAW & BESHORE Luther E. Milspaw, Jr. LEMjr/cm Enclosures ROBERT J. WORMSER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 98 - 6269 CIVIL DOROTHY J.WORMSER, Defendant IN DIVORCE TO THE PROTHONOTARY: Please withdraw my appearance for Robert J. Wormser, Plaintiff above, with his consent. SAIDIS, SHUFF, FLOWER 8, LINDSAY, P.C. Attorneys for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA Consent/concurrence - By: ,. i.f z /?i7 Car I J. Lindsay Esquire ID 4,4693 26 West High Street Carlisle, PA 17013 (717) 243-6222 ? i OBERT J. O MSER c? (I r r P r r =oe < N v_ ?O o t ? 3 •w- {lI 0 N ?W V] va r$ _ W J Q 3 1 i Robert J. Wormsor nN ('a.c 98-6269 Dorothy J. Wormsor tit: lemenl of Intention to Proceed fee the Collie Defendant, Dorothy J. Wormser unend,jyIwI1hAcaho%ccaptioned mallm PrintName _ Luther _E•_Milspaw, Jr--v Name _!,/kJ I" Date: _9/20/05 wonmyfinr Dorothy J.!Wormser F-xphmaorY Comment The Supreme (wort of lie onS%k kola has pnnmulgatcd new Rule of ('n II Ihuccdutc 23112 gunenunc the ler oomI Ian of inaenve cases and anendcd Rule of Judicial Adnumsmattun 1901. 1wO uspeets of the n'cununenJauon merit cumntcnt. 1. Rule of i•tvd Procedure New Rule of Civil Procedure 230.2 has been pronulguled to gueem the mmninawn of nttctnc case.: whhin the scope of the Pennsylvania Rules of Civil Procedure the termination of these cases fur inac0amy was prcaiously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 231) 2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. liaglc, 5i l Pa. 360,710 A.2d 1104 (1995) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 19111.'• Rule of Judicial Administration 1901(6) has been amended to accommodate [lie new rule of civil procedure. -I he general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues it, be applicable. II hlactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. -I he process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they kill take no action and "the ProlMmomry .hall enter an order as of course terminating the matter with prejudice for failure to prosecute." If n party Wishes to pursue the matter, he or Nile will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If tine action is tcmtinatcd when a party bcllcl'cs that it should not have been terminated, that party may proceed under Rule230(d) f'or relief from the order of termination. An example of such an Occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely lilt the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court most grant the petition and reinstate the action. If the petition is filed later than the thirty-clay period, subdivision (d)(3) requires that tine plaintiff must make a show in to the court that the petition was promptly filed Lind that there is a reasonable explanation or Iegitinnate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to tilt the petition within the thirty-day period under subdivision (d)(2). B, Where the action has not been terminated An action which has not been terminated but ,'Inch continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. IV f? i N G CJ •J - 1 IL u ? LAW OFFICES OF 1't: fER J. RCSSO. P.C. 380011ijrkcl Street Cantuli l.1'A 17011 (7171591.1755 ROBERT WORMSER Plaintiff V. DORO'rHY S. WORMSER, Defendant Attorneys I)r I'lamull' : IN NTH E' COURTOF COMMON PLEAS OF : ('UMIIF.RLAND COUNTY, PF.NNSYI.VANIA NO. 1998-6269 : CIVIL ACTION - LAW F.N'rRV OF APPEARANCE AS COUNSEL Kindly enter my appearance as counsel on behalf of Robert Wormser, Plaintiff in the above mailer. Date: /.? / i 4)"- I Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 Peter J. Russo, Esquire I.D. No. 72897 Scott A. Stein, Esquire I.D. No. 81738 Flizaheth J. Saylor, Esquire I.D. No. 200139 LAW OFFICES OF PETER I RUSSO, P.C. 3800 Market Street ('amp IId1,11A 17011 (717)591.1755 Atlomc)%lot 111anmlt ROBERT WORMSER IN"1'111{ ('OUR'1' Oh ('OMMON 1'1.1?:1S OI' Plaintiff : ('UMlll?ItI.AND ('OUN'I'1', IIENNSYI.VANIA V. : NO. 1998.6269 DOROTHY S. WORIIISER, CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE 1, Sharon A. Orr, hereby certify that I am on this day serving a copy of the ENTRY OF APPEARANCE AS COUNSEL upon the person (s) and in the manner indicated below, service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Luther E. Milspaw, Jr., Esquire 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 Sharon A. Orr Date: , /c . ??? ???;1 c'Jr rf k-4 J ?nrry)s ?? vs Case No. 9R - o Cnkn4hL.L /Y7 Statement of Intention to Proceed To the Court: n 4-1 n i b intends to proceed with the above captioned matter. Print Name LJh eL f / t /i I SD-l eJ, Name 4F 1 Date: Attorney for Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure, to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. ',` f ? ? ? ? '? '? ?` ? ? p v°o ? ?., . ? "? ' ? C?? ?7 h r ."„ i°.. ? err; ?a "-J ? ? ? u7 '`.t .,? vs Case No. q8 - (9c,1(Dcl 1 Statement of Intention to Proceed To the Court: A2 3 FjL?S? intends to proceed with the above ca tioned matter. ?? .- 15Sr Sign Na Print Name Date: C( ?? O 3 Attorney for'Y? w n `1 n Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. I. r ROBERT J. WORMSER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 98-6269 CIVIL DOROTHY J. WORMSER, Defendant CIVIL ACTION -DIVORCE MOTION FOR STATUS CONFERENCE Defendant, DOROTHY J. WORMSER, by and through her attorney, Luther E. Milspaw, Jr., Esquire, hereby moves this Honorable Court, pursuant to Pa. R.C.P. 1930.7, to convene a status conference at the Court's earliest convenience to address the proceedings in this matter. Movant believes and therefore avers, that a set schedule is needed to assure that this matter reaches a conclusion. Counsel for Defendant is available for a status conference any time October 20, 2008 through October 28, 2008, except for October 23, 2008. submitted, LUTHER L!MIL PAW, Jr. Attorney ID No. 9226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Defendant Dated: October 14, 2008 1 .0 • ROBERT J. WORMSER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 98-6269 CIVIL DOROTHY J. WORMSER, Defendant CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above Motion for Status Conference upon all counsel/parties of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the 14' ' day of October 2008, addressed as follows: Peter J. Russo, Esquire Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 Respe tfully submitted, i TARA L. EBRIGHT, Paralegal Law ffice of Luther E. Milspaw, Jr. tate Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 C Q fT, . ROBERT J. WORMSER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 98-6269 CIVIL DOROTHY J. WORMSER, Defendant CIVIL ACTION - DIVORCE AMENDED MOTION FOR STATUS CONFERENCE Defendant, DOROTHY J. WORMSER, by and through her attorney, Luther E. Milspaw, Jr., Esquire, hereby moves this Honorable Court, pursuant to Pa. R.C.P. 1930.7, to convene a status conference at the Court's earliest convenience to address the proceedings in this matter. Movant believes and therefore avers, that a set schedule is needed to assure that this matter reaches a conclusion. The Honorable Wesley J. Oler, Jr., has ruled upon other issues regarding this action. Concurrence of Peter J. Russo, Esquire, was sought and he concurs with the motion. sp tfully su itted, *THER E. MILS A , Jr. Attorney ID No. 1922 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Defendant Dated: October 22, 2008 ROBERT J. WORMSER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DOROTHY J. WORMSER, : No. 98-6269 CIVIL Defendant : CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above Amended Motion for Status Conference upon all counsel/parties of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the 22nd day of October 2008, addressed as follows: Peter J. Russo, Esquire Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Respectfully submitted, . 1 TARA L' EBRIGHT, Paralegal Law Of ce of Luther E. Milspaw, Jr. ate Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 fTy _? C?l l rt i L ROBERT J. WORMSER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DOROTHY J. WORMSER,: Defendant NO. 98-6269 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of October, 2008, upon consideration of Defendant's Motion for Status Conference and Defendant's Amended Motion for Status Conference, a conference is scheduled in chambers of the undersigned judge for Wednesday, December 10, 2008, at 10:15 a.m. BY THE COURT, Peter J. Russo, Esq. 5006 E. Trindle Road Suite 100 Mechanicsburg, PA 17050 Attorney for Plaintiff Luther E . Milspaw, Jr., Esq. 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 Attorney for Defendant rc 12elpl ics rnzal - Lcc-( .1 C .? !.,a01 Olt,' 130 6JR ROBERT J. WORMSER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DOROTHY J. WORMSER,: Defendant NO. 98-6269 CIVIL TERM ORDER OF COURT AND NOW, this 30'' day of January, 2009, upon consideration of Defendant's Motion for Status Conference and Defendant's Amended Motion for Status Conference, and following a conference held on December 10, 2008, no action will be taken at this time. ? eter J. Russo, Esq. 5006 E. Trindle Road Suite 100 Mechanicsburg, PA 17050 Attorney for Plaintiff /uther E. Milspaw, Jr., Esq. 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 Attorney for Defendant :rc J BY THE COURT, Jesley Ol Jr., J. 4 ??? , , -`. _?. ROBERT WORMSER Plaintiff V. DOROTHY S. WORMSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1998-6269 CIVIL ACTION - LAW -? 3 rn Co =M r? Yy L N C.tl 3 rv C3 -t rn? -urn -06 CD r iQ !r 'a /-n V ` y --rte MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF AND NOW, comes The Law Offices of Peter J. Russo, P.C., attorneys for the Plaintiff, Robert Wormser, (hereinafter "Counsel") and files this Motion to Withdraw, and in support thereof, states the following: 1. Counsel is presently counsel of record for Robert J. Wormser, in the above-captioned actions. 2. Respondent is Robert J. Wormser, a party in the above-captioned actions. 3. Counsel has represented respondent in the above-captioned divorce actions since December, 2005. 4. Since approximately December 2008 after a Status Conference with Judge Oler, Counsel has not heard from respondent after numerous attempts to reach him in regards to the above captioned matter. 5. Additionally Respondent has failed to reply to recent contact via email and written correspondence on or around January 11, 2011 wherein Counsel asked Respondent to get in touch with the office by the end of the week or Counsel will file a Petition to Withdraw. 6. To date Counsel has not received any response to any of the communications with the Respondent. 7. Counsel is also holding money in escrow in which he would like to release to Counsel for Defendant, Luther Milspaw to be held in his escrow account. 8. Counsel for Defendant, Luther Milspaw concurs in this petition. WHEREFORE, the Law Offices of Peter J. Russo, P.C. respectfully requests this Honorable Court to grant its Motion to Withdraw as Counsel for Plaintiff in the above-captioned matter. Respectfully submitted, Date: kj q LA IC USSO, P.C. Petitioners Peter J. Russo, Esquire ID No. 72897 Elizabeth J. Saylor, Esquire ID No. 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: 717-591-1755 FX: 717-591-1756 10 a ROBERT WORMSER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1998-6269 DOROTHY S. WORMSER, CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the Motion to Withdrawal as Counsel for Plaintiff upon the following persons, in the manner indicated: FIRST CLASS MAIL Luther E. Milspaw, Jr., Esquire 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 Robert Wormser 16 E Winding Hill Rd Mechanicsburg, PA 17055 LAW OFFICE OF PETER J. RUSSO, P.C. BY: OD'd ?, MQQLbpa? 1 ad ' ?,? Ashley R. Malcolm, Paralegal ROBERT J. WORMSER, Plaintiff v. DOROTHY J. WORMSER,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 98-6269 CIVIL TERM IN RE: MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF ORDER OF COURT r-... 4 '>7 T` AND NOW, this 28'h day of January, 2011, upon consideration of the Motion To Withdraw as Counsel for Plaintiff, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 21 days from the date of this order. /Peter J. Russo, Esq. 5006 E. Trindle Road Suite 100 Mechanicsburg, PA 17050 Attorney for Plaintiff / Luther E. Milspaw, Jr., Esq. 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 Attorney for Defendant J BY THE COURT, Robert Wormser OoPids?'8?1 Q?4 16 E. Winding Hill Road Mechanicsburg, PA 17055 :rc LAW OFFICES OF PETER I RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com Attorneys for Plaintiff "",I Lu-v ICt 211 ?tA? t t Pit 2:39 :?Ut1BER???dD COUMT`( P?t??S`{ LVp,N1 A ROBERT WORMSER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1998-6269 DOROTHY S. WORMSER, CIVIL ACTION - LAW Defendant AND NOW, comes The Law Offices of Peter J. Russo, P.C., attorneys for the Plaintiff, Robert Wormser, (hereinafter "Counsel") and files this file this Petition to Make Rule Absolute, and in support thereof, state as follows: 1. Counsel is presently counsel of record for Robert J. Wormser, in the above- captioned actions. 2. Respondent is Robert J. Wormser, a party in the above-captioned actions. 3. On January 25, 2011, Counsel filed a Motion to Withdrawal as Counsel for Plaintiff. 4. On January 28, 2011, the Honorable Judge J. Wesley Oler, Jr. Ordered a rule to show cause why the relief requested should not be granted upon Plaintiff and Defendant, returnable within twenty-one (21) days of service of the Order. 5. To date, Counsel has not received a filed response from Mr. Wormser. WHEREFORE, Law Offices of Peter J. Russo respectfully requests this Honorable Court to grant their Motion to Withdrawal as Counsel for the Plaintiff. Respectfully submitted, LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Defen ant Peter J. Russo, Esquire ID # 72897 Elizabeth J. Saylor, Esquire ID # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 Date: 3-1:\-k\ ROBERT WORMSER Plaintiff V. DOROTHY S. WORMSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1998-6269 CIVIL ACTION - LAW CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the foregoing document was served upon the interested parties by United States First Class Mail, postage prepaid, addressed as follows: Luther E. Milspaw, Jr., Esquire 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 Robert Wormser 16 E Winding Hill Rd Mechanicsburg, PA 17055 Dated: 3- I O- t 1 -L r Ashle Malcolm, Paralegal C", ROBERT WORMSER Plaintiff V. . DOROTHY S. WORMSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1998-6269 CIVIL ACTION - LAW IN RE: MOTION TO WITHDRAW AS COUNSEL FOR PLIAINTIFF ORDER OF COURT AND NOW, this day of lu ?> G? , 2011, upon consideration of the Motion to Withdraw as Counsel for Plaintiff, and all other matters of record, the request of Peter J. Russo, Esquire, of the Law Offices of Peter J. Russo, P.C. for Court Approval to Withdraw as Counsel for Plaintiff, in the above-captioned matter, is hereby GRANTED and Counsel is GRANTED to release all money held in escrow to Counsel for Defendant, Luther Milspaw. ? Law Offices of Peter J. Russo, P.C. Elizabeth J. Saylor, Esquire/Peter J. Russo, Esquire 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Luther E. Milspaw, Jr., Esquire 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 Robert Wormser 16 E. Winding Hill Road Mechanicsburg, PA 17055 ?led M 0.?tes 31 151it j --a UJ n rn ?C-1 t-z C:) 2- -_4 N mlr?.•? CD ri, Andrew C. Sheely, Esquire 127 S. Market Street ' P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) ROBERT WORMSER, Plaintiff VS. DOROTHY S. WORMSER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND, PENNSYLVANIA CIVIL ACTION - LAW 1998-6269 IN DIVORCE c ? z ? = - TO : DA'l Pp PROTHONOTARY Wr_ a rn :;0Q CUMBERLAND COUNTY COURTHOUSE o0 CARISLE, PENNSYLVANIA Zo = _n PRAECIPE FOR ENTRY OF APPEARANCE -°' Kindly enter my appearance on behalf of the Plaintiff in the above-captioned matter. April Iq, 2011 By: ANDREW C. SHEELY, Esquire Attorney for Plaintiff Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Praecipe for Entry of Appearance upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: LUTHER E. MILSPAW, JR., ESQUIRE 130 STATE STREET P.O. BOX 946 HARRISBURG, PA 17108-0946 Date: April/9 , 2011 - 4-41(e4 Andrew C. Sheely, E quire 2 Robert J. Wormser VS Dorothy S. Wormser 1 PROTI'IO O Ati.. 2511E SEP -14 PM 12: 31. CUMBERLAND COUNTY PENNSYLVANIA Case No. 98 -6269 -Civil To the Court: STATEMENT OF INTENTION TO PROCEED Dorothy S. Wormser Print Name Luther E. Milspaw, Jr. Date: September 2, 2014 intends to proceed with the above captioned atter. Sign Name Attorney for Defendant IMPORTANT NOTE In the event that this is a second or subsequent filing of a Statement of Intention to Proceed, thismatter 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. Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) ROBERT J. WORMSER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DOROTHY J. WORMSER, 98-6269 c Defendant IN DIVORCE -" r r t CD Z rri C'? = --3 r rsa STATEMENT OF INTENTION TO PROCEED - CD TO THE COURT OF COMMON PLEAS ›'r' x c-) CUMBERLAND COUNTY, PENNSYLVANIA 5 —4 ANDREW C. SHEELY, Attorney for Plaintiff, Robert J. Wormser, hereby files this Statement of Intention to Proceed with the above -referenced divorce action. Date: October 24, 2014 Adrew C. Sheely, Es• ire Attorney for Plain. ff PA ID 62469 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) CERTIFICATE OF SERVICE I, ANDREW C. SHEELY, ESQUIRE, hereby certify that I served a true and correct copy of the Statement of Intention to Proceed upon counsel of record on the below listed date by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: October 24, 2014 Luther E. Milspaw, Jr., Esquire 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 Andrew C. Sheely, Esqui e 2