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HomeMy WebLinkAbout07-5221TAMMY JEAN DORSEY, Plaintiff V. THOMAS DEWEY DORSEY, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07 - CIVIL TERM : 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 action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES 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. 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. TAMMY JEAN DORSEY, Plaintiff V. THOMAS DEWEY DORSEY, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07 - S? CIVIL TERM : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Tammy Jean Dorsey, an adult individual, who is residing at 175 Whiskey Run Road, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant is Thomas Dewey Dorsey, Sr., residing at 8 East Locust Street, Mount Holly Springs, Cumberland County, Pennsylvania 17324. 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 August 28, 1981, in Newburg, Cumberland County, 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. W] CO?l1T 11, ALIMONY, ALIMONY PENDENTE LITE AND COUNSEL FEES 9. Paragraphs 1 through 8 are incorporated herein by reference as if set forth in their full text. 10. Plaintiff is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 11. Plaintiff is without sufficient property and otherwise unable to financially support herself and children. 12. Defendant is collecting worker's compensation and receiving income and benefits and is able to pay for counsel fees, expenses and costs, as well as alimony, and alimony pendente lite for Plaintiff. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order requiring Defendant to pay for Plaintiff s counsel fees, expenses, and costs as well as providing for payment of an appropriate alimony and alimony pendente lite for Plaintiff. COUNT III EQUITABLE DISTRIBUTION 13. Paragraphs 1 through 12 are incorporated herein by reference as if set forth in their full text. 14. 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. 15. Plaintiff and Defendant have incurred debts and obligations during their marriage, which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties. Respectfully submitted, Rominger & Associates Date: Lusk zilo 2401- Michael O. Palermo, . Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 93334 Attorney for Plaintiff TAMMY JEAN DORSEY, Plaintiff V. THOMAS DEWEY DORSEY, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07 - Ss- ?--l CIVIL TERM : IN DIVORCE 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: 1A At fit IQ 32, ..IF Tammy Jean e , Plaintiff . TAMMY JEAN DORSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW THOMAS DEWEY DORSEY, SR., : NO. 07 - CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Plaintiff, Tammy Jean Dorsey, hereby certify that I this day served a copy of the Complaint in Divorce upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Thomas Dewey Dorsey, Sr. 8 East Locust Street, Mount Holly Springs, Pennsylvania 17324 Date: OLI,Z Respectfully submitted, Rominger & Associates M*4t___ Michael O. Palermo, r., Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 93334 Attorney for Plaintiff 1-1 r W On O ? .f1 a ` W oQ o ? n Q o r-) -rt --t r -? m c?a .l:.i I )) TAMMY JEAN DORSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW c N o THOMAS DEWEY DORSEY, SR., : NO. 07-5221 CIVIL TERM _ Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff, Tammy Jean Dorsey, moves the Court to appoint a master with respect to the following maims `= (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The non-moving party has appeared in the action pro se. (3) The statutory ground for divorce is 3301(d), two year separation. (4) The action is contested with respect to the following claim: equitable distribution of property. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one-half day. (7) Additional information, if any, relevant to the Motion: None. May, 2010 BY: , ESQUIRE ORDER APPOINTING MASTER AND NOW, , 2010, appointed master with respect to the following claims Esquire is By the Court: J. r NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87390 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF TAMMY JEAN DORSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW THOMAS DEWEY DORSEY, SR., : NO. 07-5221 CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on the date indicated below, I caused a true and correct copy of the foregoing Motion for Appointment of Master to be mailed, by U. S. Mail, to the below-listed party, in the instant matter, addressed as follows: Thomas D. Dorsey, Sr. 8 East Locust Street Mt. Holly Springs, PA 17065 Dated: May-, 2010 Natli Esquire orne r Plaintiff 4 ? MAY 0 5 2010 f TAMMY JEAN DORSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA N V. : CIVIL ACTION - LAW n a i THOMAS DEWEY DORSEY, SR., : NO. 07-5221 CIVIL TERM -- ,; Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff, Tammy Jean Dorsey, moves the Court to appoint a master with respect to the following Mims (X) Divorce (X) Distribution of Property ( ) Annulment ( )support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The non-moving party has appeared in the action pro se. (3) The statutory ground for divorce is 3301(d), two year separation. (4) The action is contested with respect to the following claim: equitable distribution of property. (5) , The action does not involve complex issues of law or fact. (6) The hearing is expected to take one-half day. (7) Additional information, if any, relevant to the Motion: None. May4l 2010 BY: , ESQUIRE ORDER APPOINTING MASTER AND NOW, Gut 5 , 2010, (.G?? - , Esquire is appointed master with respect to the following claims r-414 w{..i CoplEr r tatL( S-14-110 -M:,-r] By the Court: .-1 TAMMY JEAN DORSEY, Plaintiff v. THOMAS DEWEY DORSEY, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.07-5221 CIVIL TERM IN DIVORCE PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE OF COUNSEL OF RECORD TO THE PROTHONOTARY: Please withdraw the appearance of Michael O. Palermo, Esquire, as attorney of record for Plaintiff, Tammy J. Dorsey, in this matter. '~. p`.~u~w~ July ~~ , 2010 MICHAEL O. PALERMO, SQUIRE ROMINGER & ASSOCIATES 155 SOUTH HANOVER STREET CARLISLE, PA 17013 717-241-6070 SUPREME COURT ID N0.93334 Please enter the appearance of NATHAN C. WOLF, ESQUIRE, as attorney for the Plaintiff, Tammy J. Dorsey, in this matter. July f~; 2010 NA ESQUIRE WOL & W F 10 es ugh Street Carhs e, PA 17013 717-241-4436 SUPREME COURT ID N0.87380 n ^' ~ !~ r.~ --~ ~- c~ --~ _ - -e --~ ~ --.. ~_. .- .~ ~ ;~ r~:: -< NATHAN C. WOLF, ESQUIRE ATTORNEY ID N0.87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436. ATTORNEY FOR PLAINTIFF TAMMY JEAN DORSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~• :CIVIL ACTION -LAW THOMAS DEWEY DORSEY, SR., : N0.07-5221 CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on the date indicated below, I caused a true and correct copy of the foregoing Praecipe for Entry/Withdrawal of Appearance to be served by personal service to the below-listed party, in the instant matter, addressed as follows: Thomas D. Dorsey, Sr. 8 East Locust Street Mt. Holly Springs, PA 17065 Dated: July Lam, 2010 N~~~~ Wolf, Esquire A orney for Plaintiff TAMMY JEAN DORSEY, : IN THE COURT OF COMMON PLEAS LIF o -: Plaintiff : CUMBERLAND COUNTY, PENNSYL3'g1VM, - nm on = m _ _ V. : CIVIL ACTION-LAW ti r THOMAS DEWEY DORSEY, SR., : NO. 07-5221 CIVIL TERM Defendant : IN DIVORCE m - PETITION FOR SPECIAL RELIEF AND NOW comes the Petitioner,"Tammy Jean Dorsey, by her a torocv, Nathan C. Wolf, Esquire, and files this petition for special relief respectfully representing as follows: L The plaintiff is Tammy Jean Dorsey, an adult individual with a mailing address of 175 Whiskev Run Road, Nevmille,Cumberland County, Pennsylvania 17241. 2. 'the defendant is Thomas D. Dorsey, Sr.,an adult individual residing at 8 East Locust Street, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 3. The defendant is residing in the marital home and has had exclusive possession of same since May 2009. 4. The plaintiff has received notice of tax sale from the Cumberland County Tax Claim Bureau that the defendant has again failed to pay property taxes on the marital residence and that the properly will be sold at tax sale on September 19, 2013 unless the sum of$2,203.61 is paid immediately. A true and correct copy of said notice is attached hereto as Lxhibit A. 5. A total amount of 54,097.20 in outstanding property taxes is currently due and owing. 6. Plaintiff paid the sum of 51,200.00 in 2012 to prevent the property from being sold at tax sale. A true and correct cop)' of said receipt is attached hereto as Exhibit B. 7. Plaintiff has recently lost her full time employment and is only working seven hours a meek until she can obtain full-time employment and does not have the resources necessary to pay the amount required to remove the property from the tax sale list. 8. The marital residence is, by far, the largest asset in the marital estate,with a value of more than $100,000.00. 9. The Defendant has also failed to maintain property insurance on the residence since sometime in 2012 and has made numerous promises through counsel since December 2012 to obtain such insurance to protect the marital estate. 10. ]'here is no outstanding mortgage secured at the residence. 11. Defendant receives social security disability payments of approximately$1,490.00 per month. 12. Plaintiff is making payments on the only outstanding marital debt,in the fora of a line of credit avhich has a balance of over 573,000.00 but for which she has had sole responsibility since separation in 2009 when the balance was in excess of 524,000.00. 13. Plaintiff requests that this Honorable Court enter an Order to prevent marital waste as she fears that if the property goes to tax sale,it will no longer be available for distribution in the marital estate. 14. Plaintiff is requesting that this Honorable Court direct the Defendant to immediately pay the amounts necessary to remove the property from the tax sale list for 2013 and to obtain fire insurance and provide proof thereof to counsel within thirty (30) days of the issuance of said Order. 15. In the alternative, Plaintiff requests an Order staying the tax sale scheduled for September 19,2013 to permit the adjudication of the equitable distribution claim and that, as a condition of such stay, the parties will be required to make payment to the Tax Claim Bureau in frill for any outstanding taxes within 30 days of the Order becoming final. 16. On September 4, 2013, counsel for the parties appeared before the Divorce Master, E. Robert Elicker, II, Inquire for a conference at which time the instant issues were discussed and counsel for the Defendant indicated he would communicate with his client about these immediate concerns. 17. i\s a result of the conference, the parties are scheduled to appear before the Divorce 'Master for a hearing on Wife's claim for equitable distribution on November 5,2013 at 9 o'clock a.m.j true and correct copy of the notice of hearing is attached hereto as Exhibit C. 18. Plaintiff is without any other means to protect the property without the assistance of the Court. 12 Plaintiff submits that without the instant relief, she will suffer irreparable harm despite her efforts expended since 2009 to bring this matter to a swift conclusion. 20. Despite Plaintiffs efforts to resolve this case, Defendant has continuously failed to cooperate in meaningful negotiations and has been uncooperative in discovery requests as well. 21. Plaintiff has sought the concurrence in the relief requested herein from Keith Brenneman, Esquire, Solicitor for the Tax Claim Bureau and from leffi'ey Cook, Lsquirc, counsel for Defendant and no response had been received as of the filing of the instant petition. O2. No prior judge has been assigned in this matter, excluding the appointment of the Divorce Master by the Honorable Kevin A. Hess, P.J. WHEREFORE, Plaintiff, Tammy J. Dorsev, prays this Honorable Court enter an Order directing Defendant, Thomas D. Dorset, Sr., to immediately pay the any property amount necessary to prevent the property from being exposed to tax sale on September 19,2013, and to obtain and provide proof of homeowner's insurance on the marital home to counsel for Plaintiff within 30 days of the issuance of said Order, or in the alternative, an enter an Order staying the Tax Sale scheduled for September 19, 2013 and as a condition or said stay, requiring the party awarded the property in equitable distribution to pay any dclinquient taxes to the Tax Claum Bureau plus any additional costs and interest within 30 days such Order becoming a final Order of Court, or thistly, in the alternative directing the Court Administrator to schedule an expedited hearing to address the issues raised in this petition if deemed ncccssary, and to order such other relief the Court deems appropriate and just. Respectfully sub ted, lX'OLF & W ,Attorneys at Law Dated: September�, 2013 BY Nth .Wolf, Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 741-4436 Attorney for Plaintiff VERIFICATION 1, the undersigned, do hereby verify that the facts set forth in this petition are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to uns%'orn falsification to authorities. September , 2013 Tammy J. rsey CUMBERLAND COUNTY TAX CLAIM BUREAU ONE COURTHOUSE SQUARE ROOM 106 CARLISLE PA 17013 PHONE 717 240-6366 FAX 717 240-7835 AUGUST 29, 2013 NOTICE OF PUBLIC TAX SALE ITI 1111111$11111111111 Owner/Reputed Owner/Party of Interest Map Number I Desc 040001855002 DORSEY TAMMY S 40-13-0124-011 175 WHISKEY R'SN ROAD NEWVILLE PA 17241 Contra) Number- 040 001855 LOT 2 PE 53 PC 89 Re s id on ti a) (Under 10 Acres) 8 E LOCUST STREET 473 Acres - 1.280 ***WARNING "YOUR PROPERTY IS ABOUT TO BE SOLD WITHOUT YOUR CONSENT FOR DELINQUENT TAXES. YOUR PROPERTY MAY BE SOLD FOR A SMALL FRACTION OF ITS FAIR MARKET VALUE. IF YOU HAVE ANY QUESTIONS AS TO WHAT TO DO IN ORDER TO SAVE YOUR PROPERTY, PLEASE CALL YOUR ATTORNEY THE TAX CLAIM BUREAU AT THE FOLLOWING TELEPHONE NUMBER - 888697-0371 OR THE COUNTY LAWYER REFERRAL SERVICE." THE APPROXIMATE UPSET PRICE FOR WHICH THE PROPERTY SHALL BE SOLD IS $4,097.20 . THE SUM OF $2,203.61 FOR THE 2011 OR PRIOR DELINQUENT TAXES WILL REMOVE THE PROPERTY FROM THE SALE, IF PAID BEFORE THE DAY OF THE SALE. IF RECEIPT IS DESIRED PLEASE ENCLOSE A SELF-ADDRESSED STAMPED ENVELOPE Notice is hereby given by the Tax claim Bureau in and for CUMBERLAND COUNTY under and by the authority 0- the provisions of the act of 1947 P.L. 1368, known as "REAL ESTATE TAX LAW", as amended, that the said bureau will expose at public sale in the CUMBERLAND COUNTY OLD COURTHOUSE at 10:00 a.m. (est) on SEPTEMBER 19, 2013 or any day to which the sale may be adjourned or continued, for the purpose of collecting unpaid taxes and costs _ncident thereto, the above described real estate for at least the upset price in the amount hereinabove approximately set forth. The sale of the property may, AT THE OPTION OF THE BUREAU, be stayed if the owner thereof or any lien creditors of the owner, on or before the sale date, enters into an agreement with the BUREAU to pay taxes, interest and costs in the manner provided by Section 603 of said act, aga'_n ONLY AT THE OPTION OF THE BUREAU. TERMS: CASH, CERTIFIED CHECK, MONEY ORDERS, CASHIER'S CHECK **PERSONAS, CHECKS WILL NOT BE ACCEPTED********************* CREDIT/DEBIT CARDS BY 9/13/13 ONLINE AT WWW.OFFICIALPAYMENTS.COM (use code 4865 & map no. ) OR CALL 1-800-272-9829 (use code 4885 & control n0. ) CUM.H ERLPI�D COUNTY TAX CLAIM BUREAU HOURS: 8: 00 AM. TO 4:30 PM, MON-FRI Lam/-�1T3/7 BARBARA B CROSS = ' DENNIS MARION CHAIRMAN e°.e",`-.' M1 CHIEF OPERATIONS OFFICER dim' a�°• JIM HERTZLER EDWARD SCHORPP VICE CHAIRMAN a' SOLICITOR STEPHEN D.TILEY GARY EICHELB ERGER TAX CLAIM BUREAU OF CUMBERLAND COUNTY ASSISTANT SOLICITOR SECRETARY One Courthouse Square,Rcom "06,Carlisle,PA 17013-3389 MELISSA F. MIXELL (717)2-C-63,56 TAX CLAIM DIRECTOR Printed: 9/12/12 C Receipt No . : 90563 13 :38 :46 t Da*_Receipt e: 9/12/2012 Contra- Number: 40-001855 **** ='.E C-'.IPT **** Page : I Property Description: DORSEY THOMAS D SR & TAMMf J DORSEY LOT 2 PH 53 PG 89 8 EAST LOCUST STREET Residential (Under 10 Acres) MOUNT HOLLY SPRINGS PA 17065 Situs Information: 8 E LOCUST STREET Map No : 40-13-0124-011 SOUTH MIDDLETON TOWNSHIP Tax Penalty & Year Description Face Interest Costs Tota- 2010 SCH-SOUTH MIDDLETON 1166 . 98 17 . 50 1184 . 48 2010 BUREAU COSTS 14 . 80 14 . 8C Received For Year Of 2010 $1199 . 28 2011 BUREAU COSTS 72 72 Received For Year Of 2011 $ . 72 Tendered > CASH Total Received $1200 . 00 Received By > MM Paid By > DORSEY, TAMMY J Remarks > Balance Due As Of 9/12/2012 Claim Year : 2011 1894 . 79 Claim Balance : 1894 . 79 Receipt Number: 90563 Total Received: 51200 . 00 TAMMY JEAN DORSEY : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION—LAW 07 - 5221 THOMAS DEWEY DORSEY, SR. NO. IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Tammy Jean Dorsey Plaintiff Nathan C. Wolf Counsel for Plaintiff Thomas Dewey Dorsey, Sr. Defendant Jeffrey Cook Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle. Pennsylvania, on the 5th _day of November 2013 at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By the Court. 4 Kevin' " Hess. President Judge Date of Order and ._}. Notice: 9/4/13 By: Divorce Master 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 TELEPHONE(717)249-3166 CXII!rJl ; �" NATHAN C.WOLF,ESQUIRE ATTORNEY to NO.87380 10 WEST HIGH STREET CARLISLE PA 17013 (717)2414436 ATTORNEY FOR PLAINTIFF TAMMY JEAN DORSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW THOMAS DEWEY DORSEY, SR., : NO. 07-5221 CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I,Nathan C. Wolf, Esquire, attome.v for Plaintiff, do hereby- cernft-that I have served a copy of the foregoing Petition for Special Relief upon the follo,ing individual by postage prepaid mail, addressed as follows: Sent VIA FAX AND MAIL TO: Jeffrey M. Cook, Esquire 234 Balnmorc Street Gettysburg, PA 17325 (Counsel for Defendant) Keith R. Brenneman, £Esquire Snelbaker& Brenneman, P.C. 44 West Hain Street 9lechannsburg,PA 17055 (Solicitor for the Cumberland Count'Tat Claim Bureau) Respectfully red, Nathan .. 'olf, Esquire Attorney for Plaintiff Date September 0, 2013 TAMMY JEAN DORSEY, fall Plaintiff 100 W TorottWOV4 IN THE COURT OF COMMON PLEAS V. OF THE NINTH JUDICIAL DISTRICT 2007-05221 CIVIL TERM THOMAS DEWEY DORSEY, SR., Defendant IN DIVORCE ORDER OF COURT AND NOW, this 18th day of September 2013, upon consideration of Plaintiffs Petition for Special Relief, it is hereby ORDERED that the tax sale scheduled for 19 September 2013 is STAYED pending resolution of the equitable distribution claim in the above-captioned divorce. The stay of the sale of the property located at 8 East Locust Street, Mt. Holly Springs, PA will be in effect until 12 December 2013, the date of the next scheduled tax sale, whereby the property will be listed for sale if the tax debt is not resolved. As a condition of said stay, the party awarded the property in equitable distribution shall pay to the Tax Claim Bureau any outstanding taxes due and owing plus any additional costs and interest within 30 days of the Order distributing the property becoming final and unappealable. B Thomas A. Madey C.P.J. IM, Msan ution List: —:c Z7; C. Wolf, Esq. rn ey M. Cook, Esq. CD �Xftfh O. Brenneman, Esq. �,.'E Robert Elicker, 11, Esq. 7Z 77 Azlla U., TAMMY JEAN DORSEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. . NO: 07 - 5221 CIVIL THOMAS DEWEY DORSEY, SR. , Defendant IN DIVORCE ORDER OF COURT AND NOW, this aol or day of , 2013, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated November 20, 2013, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, • 4 /44:y Kevi A. Hess, P.J. cc: ✓ Nathan C. Wolf Attorney for Plaintiff Jeffrey M. Cook Attorney for Defendant alp iES inai 2; ,, 4,_y lliaojil ma) ,,=) rri 2:171/1 cn C nc W r; . -< . ri �:i ©7-51 MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made thi day of November, 2013,by and between Thomas D. Dorsey, Sr. (hereinafter referred to as "HUSBAND") and Tammy J. Dorsey (hereinafter c referred to as "WIFE"). --+ -0 , ar.rti WITNESSETH: a c r' :."f, C-) -0 CD-1-1 C") C'7 WHEREAS,HUSBAND and WIFE were lawfully married on August 28, 19815 9. r --� crl ; WHEREAS,diverse,unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other,including,without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW,THEREFORE,in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto,HUSBAND and WIFE, each intending to be legally bound,hereby covenant and agree as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard,with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further,the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest,harass, annoy,injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment,profession,business or other activity as he or she may deem advisable for his or her sole use and benefit without interference from the other party. Neither party shall contact the other at their place of employment except in legitimate emergency situations. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 5. DEBTS: It is further mutually agreed by and between the parties that the debts be paid as follows: A. HUSBAND shall assume all liability for and pay and indemnify the WIFE against any of his individual debts and for all household utility accounts arising since May 28, 2009. B. WIFE shall assume all liability for and pay and indemnify the HUSBAND against any of her individual debts arising since May 28, 2009. WIFE shall also assume sole liability for the unsecured debt outstanding to Bank of America having a current balance of approximately$12,750.00 and shall hold HUSBAND harmless for this obligation. C. The parties agree that they have no other joint obligations other than those provided for herein. 6. The parties agree that the division of property set forth herein is fair and equitable, and is voluntary and made without duress by or upon either party. The parties further agree that henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated,which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE,with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. The following division of specific items of personal and real property will be equitably distributed as follows: A. REAL ESTATE: HUSBAND shall receive sole title to the marital residence located at 8 East Locust Street,Mt. Holly Springs, PA 17065 upon satisfaction of the following conditions: (A) HUSBAND shall pay any and all property taxes due for 2011 in the amount of$1,123.83 to the Cumberland County Tax Claim Bureau on or before December 3,2013, along with any additional costs or interest assessed by the Tax Claim Bureau for that tax period. Payment of this sum is expected to remove the property from the delinquent tax sale list for 2013. HUSBAND shall furnish proof of such payment to WIFE's counsel on or before December 4,2013. Further,HUSBAND shall continue to make any and all payments of property taxes necessary to prevent the property from being exposed to tax sale in 2014 and subsequent years,until WIFE is paid in full or the property is sold. (B) HUSBAND shall likewise furnish WIFE with proof that he has obtained a fire insurance policy identifying both parties as owners of the property on or before December 4,2013, said policy shall provide coverage on the property for no less than$100,000.00. Further HUSBAND agrees to maintain a policy of fire insurance until WIFE is paid in full or the property is sold. (C) If HUSBAND fails to comply with either provision (A) or (B) herein,the parties shall cooperate in listing the property for sale and executing a listing agreement to be in effect no later than December 31, 2013 subject to the additional provisions set forth herein. (D) If HUSBAND complies with (A) and (B) then he shall have until February 18,2014 to pay to WIFE the sum of$50,000.00 in satisfaction of her claim for equitable distribution of the marital estate and WIFE shall,upon receipt of said payment, execute a deed prepared by HUSBAND transferring the property into his sole name and releasing any interest she may have to HUSBAND. (E) If,before February 18,2014,HUSBAND secures approval for financing that will be secured against the marital residence,upon receipt of a deed prepared by HUSBAND and upon receipt of evidence of such financing approval,WIFE shall execute a deed releasing any right, title or interest she may have in the property to HUSBAND,however said deed shall be held in escrow with HUSBAND's counsel until closing occurs and WIFE receives payment in full. (F) If HUSBAND fails to comply with paragraph (D) or (E), then the parties shall cooperate, as defined herein, to enter into a listing agreement with a licensed realtor to sell the property no later than February 28,2014 unless the parties otherwise mutually agree to a later date for listing the property. Said agreement shall be entered into with one of the following realtors,unless the parties mutually agree otherwise to the selection of an alternate realtor: David Hooke of Hooke,Hooke and Eckman;Michael Neidlinger of Prudential Realty,or Douglas Heineman of Howard Hanna Realtors. (G) In the event the property is listed for sale, the sale price shall be set at no less than$120,000.00, subject to the approval of said listing price by the realtor. The parties agree that they will accept any offer made to them that is at least 90% of the listing price. If the property does not sell within 60 days, they shall reduce the price in accordance with the advice of the realtor and shall agree to accept any offer made that is not less than 90% of the revised price. In the event the property still does not sell after an additional 60 days,then the price shall again be reduced based on the recommendation of the realtor. This process of adjusting the listing price and acceptance of offers shall repeat until the property is sold. (H) If, at any time, after the property is listed for sale and before the execution of an agreement of sale,HUSBAND becomes able to pay WIFE the sum of$50,000.00,plus assuming responsibility for any costs due to the realtor arising out of the listing agreement,he shall be entitled to cancel the listing agreement only upon payment to WIFE and receipt of evidence that WIFE has no further obligation to realtor. (I) The parties shall cooperate with the selected realtor in the listing and marketing of the property. Cooperation shall be defined as ensuring any documents necessary for the marketing and/or sale of the property are completed and executed within 5 days of presentation of same by realtor. Further, cooperation shall be defined as maintaining the property in good condition by keeping an orderly appearance in all structures and by maintaining any vegetation each to the satisfaction of the realtor. Likewise, cooperation is defined as ensuring the property is available to be shown with twelve hours advance notice provided by realtor and neither party shall be present during showing of the property to potential buyers except at the specific request of the realtor. 0) Furthermore,HUSBAND agrees that if recommended by the realtor,he shall make any cosmetic or minor mechanical repairs necessary to market and or sell the property not to exceed $2,000.00. WIFE shall have no obligation to contribute to the cost of repairs or improvements on the basis that HUSBAND has, and continues to enjoy sole possession of the property of the property since the time of separation. (K) Until WIFE receives payment in full under this agreement or the property is sold,HUSBAND agrees that he will not enter into any lease,rental agreement or otherwise do anything to encumber the real estate such that it interferes with the marketing or sale of the residence. (L) The parties agree that they will each be bound by the judgment and opinion of the realtor in determining whether or not a party is cooperating as defined herein. (M) If HUSBAND fails to cooperate with the marketing and/or sale of the property as defined herein an based on the judgment and opinion of the realtor,he shall vacate the property including removal of all personal property within 14 days of notice being provided to HUSBAND or his counsel by the realtor of HUSBAND's failure to abide the terms of this agreement and agrees to executed a limited power of attorney granting WIFE the authority to enter into an agreement of sale for the property consistent with the terms set forth herein. If HUSBAND refuses to either vacate the property or execute a limited power of attorney as set forth herein,WIFE shall be entitled to obtain an Order of Court directing the Sheriff to remove HUSBAND from the property and authorizing WIFE to execute any document necessary to continue to market or sell the real estate subject to the remaining provisions of the within agreement. (N) The costs of sale and the payment of any outstanding taxes or other liens secured against the property shall be deducted before the payment of any net proceeds to the parties, excluding any amounts paid by HUSBAND at the recommendation of the realtor under paragraph Q) hereof.Thereafter WIFE shall receive the sum of$50,000.00 from the net proceeds of the sale, and HUSBAND shall receive any remaining net proceeds arising out of the sale. B. PERSONAL PROPERTY: 1.) Motor Vehicles —HUSBAND and WIFE do not hold title jointly to any vehicles. The parties agree to release to the other any interest they may have in any vehicle held by the other which was acquired during the marriage. If the parties discover that a vehicle is jointly titled, they shall cooperate in the execution of a motor vehicle power of attorney in favor of the party currently possessing said vehicle. 2.) Bank Accounts —HUSBAND and WIFE agree that they have no remaining joint accounts together and that the proceeds of any accounts held together previously have been distributed to their mutual satisfaction. 3.) Pension and Retirement Accounts —HUSBAND and WIFE agree to release to the other any and all retirement accounts held during the marriage, or contributions made to said accounts made during the marriage. This release shall include any increases in value in pre-marital contributions to said accounts along with marital contributions or increases in value in said marital contributions to their respective accounts. 4.) Other Personal Property—The parties mutually release any interest in any personal property currently in the possession of the other party. 7. INCOME TAX RETURNS: The parties shall continue to prepare and file separate income tax returns free from any claims by the other for contributions or entitlement to any refund paid. 8. SPOUSAL SUPPORT AND ALIMONY: The parties hereby waive any potential claim for spousal support, alimony pendente lite, or alimony which they may have against the other. 9. BREACH: In the event of the breach of this agreement by either party, and the unreasonable failure of either party to remedy such breach after thirty days written notice to the breaching party, the nonbreaching party shall have the right to seek monetary damages for such breach,where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement,where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 10. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute,acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this agreement. 11. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect have been fully explained to the parties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily. Both parties have had adequate opportunity to review this agreement with independent legal counsel and have either done so or voluntarily chosen not to do so. WIFE's attorney is Nathan C. Wolf,Esquire and HUSBAND's attorney is Jeffery M. Cook,Esquire. 12. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations,warranties,covenants or undertakings other than those expressly set forth herein. 13. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 14. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 15. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, each party may dispose of his or her property in any way,and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship,including without limitation, dower, curtesy, statutory allowance, widow's allowance,right to take in intestacy,right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests,rights and claims. 16. INCORPORATION INTO DIVORCE DECREE—The parties agree that the instant agreement shall be incorporated but not merged into a decree in divorce to be issued by the Court of Common Pleas of Cumberland County and that acknowledge that they have executed affidavits of consent and waivers of notice of intention to seek a divorce decree previously filed with the Court and that WIFE's counsel shall file prepare and file with the Court a Praecipe to Transmit the Record for the issuance of a divorce decree. 17. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance,widow's allowance,right of intestacy,right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest,rights, and claims. A Each party acknowledges that he or she has read the above stipulation and agreement, that understands the terms of settlement as set forth herein, and that by signing below he or she ratifies and affirms the agreement previously made and intend to bind himself or herself to the settlement as a contract obligating himself or herself to the terms of settlement and subjecting himself or herself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. IN WITNESS WHEREOF,the parties have hereunto set their hands and seals the day and year first above written. WITNESSES: YI1- ri ' ,,_`�V ,J4--tei��-JJ:�� 4 ) JEF R . C• ii K, ESQUIRE THOMAS . D•RSEY, 4 11.44,0_._ ■ (SEAL) ATHAN`U WOLF, ESQUIRE TAMMY J. Ili R 41 NATHAN C.WOLF,ESQUIRE ATTORNEY ID NO.87380 10 WEST HIGH STREET CARLISLE PA 17013 Z 13 l�ft fir) 21 PM 12- :(717)241-4436 ►`iJ ATTORNEY FOR PLAINTIFF CUMBERLAND COHNI-4, TAMMY JEAN DORSEY, 2iWA6 T OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION- LAW THOMAS DEWEY DORSEY, SR., :NO.07-5221 CIVIL TERM Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about September 4, 2007 the defendant was served a copy of the complaint via certified return receipt mail. 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: December 5,2012 By the defendant:December 5,2012 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: n/a (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: n/a 4. Related claims pending: None 5. Complete either (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: n/a (b) Date plaintiffs Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: December 6,2012 Date defendant's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: December 6, 2012 November�,2013 NAT WOLF, Esquire, for Plaintiff t , NATHAN C.WOLF,ESQUIRE ATTORNEY ID NO.87380 10 WEST HIGH STREET CARLISLE PA 17013 (717)241-4436 ATTORNEY FOR PLAINTIFF TAMMY JEAN DORSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : CIVIL ACTION- LAW THOMAS DEWEY DORSEY, SR., : NO. 07-5221 CIVIL TERM Defendant : IN DIVORCE e-) N ` rC7 r1 a) m wer PROOF OF SERVICE OF COMPLAINT N , PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i) NOW,Nathan C. Wolf,Esquire, does hereby certify and state: °+ rsa 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That prior counsel for Plaintiff caused to be served,by certified mail, a certified copy of the complaint in divorce upon the defendant on or about September 4,2007,addressed to the defendant at 8 East Locust Street,Mt. Holly Springs, Pennsylvania 17065 return receipt No. 7006 0100 0007 1050 6221 and that the return card evidencing defendant's receipt of same was postmarked September 4,2007. 3. That a copy of the sender's receipt and signed receipt for certified mail is attached hereto. I verify that the statements made in this document are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. November 2013 Na olf Att• .• for Plaintiff .. It SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,'and'3.Also complete A. Signature Item 4 if Restricted Delivery Is desired. X / CI Agent • Print your name and address on the reverse ____ + ,, �� /B 0 Addressee- } so that we can return the card to you. B. Received by(Printed Name)fl C.Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D.1s delivery address different from item 1? 0 Yes 1. Article �/ / Addressed to: c If YES,enter delivery address below:. o 14- 0 � �+r " 1`I , \J ( t ej1 3. Ice Type ',` • ll��kt ` (11 Certified Mall 0 Express Mall -J0 Registered )Retum Receipt for Merchandise J 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) es 2. Article Number (Transfer from service le 7006 0100 0007 1050 6221 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 U.S. Postal Services, CERTIFIEQ MAILTM, RECEIPT nu (Dothestic Mail Only;No Insurance Coverage Provided) ..D For delivery information visit our website at www.usps.com, I u1 OFFICIAL USE 1m Postage $ ' 5(� Certified Fee MIN Dp Return Receipt Fee P Hoetrnark (Endorsement Required) D Restricted Delivery Fee ir (D Il (Endorsement Required) r-I Total Postage&Fees $ .-D D ent t N SYree, t No.; r/ or PO Box No. C City tit,y.ZI PS Form 3800,June 2002 See Reverse for In-', ;os • UNITED STAT St lWr PA 1/ w. 1 04 SEF'.•007 PM 4 ,;�..:,�. • Sender: Please print yourame, address, and ZIP+4 in this box• Rominger & Associates 155 South Hanover Street Carlisle,Pennsylvania 17013 y t lid0411N1141r1/J1111 +•`�wP, 3„���i,�C �I 1.JIt�ll1 fi7lr 1`����'�/ VV`"`1r : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Tammy J. Dorsey V. Thomas D. Dorsey, Sr. : NO. 2007-5221 DIVORCE DECREE AND NOW, r2te_mil.#,✓ 21 , <-)13 , it is ordered and decreed that Tammy J. Dorsey , plaintiff, and Thomas D. Dorsey, Sr. , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The marital settlement agreement dated November 20, 2013, is incorporated but not merged into the instant decree. By the Court, - Attest: J. = Prothonota Oo L IY0,1 led'-10 Ctitti u mo-HeE F cope./ r i les( aity ecok M9')° �fi3 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF 'f! L. �± f1. ^ 1 J1311, II �t, 3: CUi4lPERLAND COUNTY ENNSYLVANIA TAMMY JEAN DORSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW THOMAS DEWEY DORSEY, SR., : NO. 07-5221 CIVIL TERM Defendant : IN DIVORCE MOTION TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT NOW comes the Plaintiff, Tammy Jean Dorsey, by her attorney, Nathan C. Wolf, Esquire, and presents this motion to enforce marriage settlement agreement, representing as follows: 1. The Plaintiff is Tammy J. Dorsey, an adult individual, residing in Cumberland County, Pennsylvania (hereinafter referred to as "Wife"). 2. The Defendant is Thomas D. Dorsey, Sr., an adult individual, residing at 8 East Locust Street, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. 3. The parties were divorced by decree dated November 27, 2013 issued by the Honorable Christylee L. Peck. (A true and correct copy is attached hereto and incorporated herein as Exhibit A) 4. The economic claims of the parties were resolved by a negotiated marital settlement agreement dated November 20, 2013. 5. The Marital Settlement Agreement (hereinafter MSA) was incorporated by not merged into the divorce decree referenced above and a true and correct copy is attached hereto and incorporated herein as Exhibit B. 6. During the negotiation and finalization of the MSA, Defendant was represented by Jeffery M. Cook, Esquire. 7. Inter alia, the MSA provided for the disposition of the marital residence located at 8 East Locust Street, Mt. Holly Springs, Pennsylvania 17065. 8. Husband was required to pay outstanding property taxes for 2011 on the property on or before December 3, 2013, to prevent the property from being sold at tax sale, which condition Husband fulfilled. 9. Husband was likewise required to obtain fire insurance on the property on or before December 4, 2013 in the amount of no less than $100,000.00, and to keep said policy in effect until Husband's obligations to Wife as to the property were fulfilled or the property was sold, which condition Husband fulfilled albeit, not until February 26, 2014. 10. Paragraph 6.A(D) of the MSA provided that Husband was to pay Wife the sum of $50,000.00 on or before February 18, 2014 representing her equitable distribution share from the marital estate. 11. If Husband fulfilled this obligation to Wife, Wife was then obligated to execute a deed in favor of Husband, releasing all right, title and interest to Husband alone. 12. Husband has not fulfilled this obligation under the MSA. 13. The parties agreed that in the event of Husband's failure to comply with this provision, the parties would cooperate in the selection of a licensed realtor, execution of a listing agreement for the sale of the property, and a structure under which the property would be priced and for adjustments to the price of the property if the property did not sell within the timeframe set forth. 14. Wife, through her counsel, made repeated contacts with Husband's counsel concerning the listing of the property, to determine Husband's intentions with respect to his obligations under the MSA. 15. Husband's counsel has indicated that Husband has not provided any meaningful response to inquiries as to his intentions. 16. Wife selected a realtor from the list included in the MSA, namely David Hooke of Hooke Hooke and Eckman. 17. Wife's counsel notified Husband's counsel of the selection and provided Mr. Hooke with Attorney Cook's contact information in order to effectuate an inspection of the property. 18. Mr. Hooke has reported to the undersigned that he has made repeated attempts to make contact and to schedule a meeting with Husband, who resides in the residence, and all efforts have been unsuccessful. 19. The MSA, under paragraph 6.A(I) through (N) provide additional requirements concerning Husband's cooperation in the listing and sale of the property and provides consequences for Husband's failure to cooperate including, authorizing Wife to proceed with the listing of the property and for Husband to voluntarily remove himself and his personal property within 14 days of being provided notice of his alleged failure to cooperate, in the opinion of the realtor selected to list the property for sale. 20. At this point, upon information and belief, Husband has been sent correspondence by his counsel concerning Husband's obligations under the MSA, and Husband has failed to respond to such inquiries. (A true and correct copy of Attorney Cook's letter of March 26, 2014 to Husband, which contained contact information for Mr. Hooke, is attached hereto and incorporated herein as Exhibit C.) 21. Such efforts to coordinate Mr. Hooke's inspection of the property have been ongoing since March 2014 and have been unsuccessful. 22. Mr. Hooke has indicated to the undersigned that, in his opinion, according to the terms of the MSA, Husband is failing to cooperate as defined and agreed therein. (A true and correct copy of correspondence from Mr. Hooke relative to Mr. Dorsey's lack of cooperation is attached hereto and incorporated herein as Exhibit D. 23. Wife brings the instant motion to request the Court issue an Order directing Husband's compliance with the terms of the MSA, namely that he vacate the property and remove his personal property within 14 days of receipt of notice of the same upon Husband or his counsel, as provided in Paragraph 6.A(M), and to execute a limited real estate power of attorney authorizing Wife to enter into a listing agreement and/or an agreement of sale for the property consistent with the remaining terms of the MSA. 24. Wife likewise requests that such Order provide that, pursuant to Paragraph 6.A(M) if Husband fails to comply with the Court's Order, which authorizes the Sheriff of Cumberland County to remove Husband from the property and that authorizes Wife to execute any and all documents necessary to market or sell the property consistent with the remaining provisions of the MSA. 25. Wife has incurred counsel fees and is likely to incur costs in the future in connection with the instant motion which is believed establishes conclusively that Husband is in breach of the terms of the MSA. 26. Paragraph 9 of the MSA provides that counsel fees and costs associated with enforcement of the MSA shall be recoverable by the successful party in litigation to enforce the terms of the agreement. 27. Wife requests that the Court award counsel fees and costs in an amount to be certified to the Court at the time of Husband's compliance and fulfillment of his obligations to Wife. 28. The undersigned sought concurrence in the foregoing motion to enforce from Husband's counsel and Attorney Cook indicated he was unable to communicate with his client and was therefore unable to state a position on behalf of his client. WHEREFORE, counsel for the plaintiff respectfully requests this Honorable Court issue an Order providing for the following relief: (1) directing that Husband vacate the property at 8 East Locust Street, Mt. Holly Springs, PA 17065 and remove all his personal property therefrom within 14 days of service of the Order; (2) directing that Husband to execute a limited real estate power of attorney to Wife authorizing Wife to execute any and all documents and take any action necessary to effectuate the terms of the Marital Settlement Agreement, upon presentation of the same to Husband's counsel; (3) authorizing the Sheriff of Cumberland County to remove Husband from the property if he has not voluntarily removed himself from the premises within 14 days of service of the Court's Order; (4) authorizing and empowering Wife to execute any document and make any decision necessary to effectuate the terms of the Marital Settlement Agreement and to take action on behalf of both Husband and Wife, consistent with the provisions of the Marital Settlement Agreement, if Husband has not executed the limited real estate power of attorney within 5 days of the presentation of the same to Husband's counsel; (5) finding that Husband is in violation of the terms of the Marital Settlement Agreement and awarding counsel fees and costs in an amount to be certified by Wife's counsel to the Court upon the fulfillment of Husband's obligations to Wife which shall be paid from Husband's share of proceeds from the sale of the marital residence, or by Husband immediately, if Husband fulfills his obligation to Wife in such manner that does not require the sale of the property; and (6) any further relief the Court deems appropriate and just. Dated: June , 2014 Respectfully submitted, WOLF & WOLF Nathan C. , Esquire 10 Wes �•� Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff VERIFICATION I, the undersigned counsel for Plaintiff, verify that the statements in the above motion 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. C.S. Section 4904 relating to unsworn falsification to authorities. June /7,2014 Nat Atto r Plaintiff NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF TAMMY JEAN DORSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW THOMAS DEWEY DORSEY, SR., : NO. 07-5221 CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Defendant, do hereby certify this day that I served a copy of the foregoing Motion upon the following by U.S. mail, addressed as follows: Date:June//, 2014 Jeffery M. Cook, Esquire 234 Baltimore Street Gettysburg, PA 17325 401111111111"Nalliglig6than C. ,{a, squire Attorney f• aintiff Tammy J. Dorsey V. Thomas D. Dorsey, Sr. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Na 2007-5221 DIVORCE DECREE 2013 AND NOW, November 27 , it is ordered and decreed that Tammy J. Dorsey , plaintiff, and Thomas D. Dorsey, Sr. , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The marital settlement agreement dated November 20, 2013, is incorporated but not merged into the instant decree. Certified Copy Issued: November 27, 2013 Date &xhi`bi - By the Court, is/ Christylee L. Peck Attest: J. /14,t4t1 aza- Prothonota MARRIAGE SETTLEMENT AGREEMENT ljf THIS AGREEMENT made thiel day of November, 2013, by and between Thomas D. Dorsey, Sr. (hereinafter referred to as "HUSBAND") and Tammy J. Dorsey (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on August 28, 1981; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The h bar+ �3 division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit without interference from the other party. Neither party shall contact the other at their place of employment except in legitimate emergency situations. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 5. DEBTS: It is further mutually agreed by and between the parties that the debts be paid as follows: A. HUSBAND shall assume all liability for and pay and indemnify the WIFE against any of his individual debts and for all household utility accounts arising since May 28, 2009. B. WIFE shall assume all liability for and pay and indemnify the HUSBAND against any of her individual debts arising since May 28, 2009. WIFE shall also assume sole liability for the unsecured debt outstanding to Bank of America having a current balance of approximately $12,750.00 and shall hold HUSBAND harmless for this obligation. C. The parties agree that they have no other joint obligations other than those provided for herein. 6. The parties agree that the division of property set forth herein is fair and equitable, and is voluntary and made without duress by or upon either party. The parties further agree that henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. The following division of specific items of personal and real property will be equitably distributed as follows: A. REAL ESTATE: HUSBAND shall receive sole title to the marital residence located at 8 East Locust Street, Mt. Holly Springs, PA 17065 upon satisfaction of the following conditions: (A) HUSBAND shall pay any and all property taxes due for 2011 in the amount of $1,123.83 to the Cumberland County Tax Claim Bureau on or before December 3, 2013, along with any additional costs or interest assessed by the Tax Claim Bureau for that tax period. Payment of this sum is expected to remove the property from the delinquent tax sale list for 2013. HUSBAND shall furnish proof of such payment to WIFE's counsel on or before December 4, 2013. Further, HUSBAND shall continue to make any and all payments of property taxes necessary to prevent the property from being exposed to tax sale in 2014 and subsequent years, until WIFE is paid in full or the property is sold. (B) HUSBAND shall likewise furnish WIFE with proof that he has obtained a fire insurance policy identifying both parties as owners of the property on or before December 4, 2013, said policy shall provide coverage on the property for no less than $100,000.00. Further HUSBAND agrees to maintain a policy of fire insurance until WIFE is paid in full or the property is sold. (C) If HUSBAND fails to comply with either provision (A) or (B) herein, the parties shall cooperate in listing the property for sale and executing a listing agreement to be in effect no later than December 31, 2013 subject to the additional provisions set forth herein. (D) If HUSBAND complies with (A) and (B) then he shall have until February 18, 2014 to pay to WIFE the sum of $50,000.00 in satisfaction of her claim for equitable distribution of the marital estate and WIFE shall, upon receipt of said payment, execute a deed prepared by HUSBAND transferring the property into his sole name and releasing any interest she may have to HUSBAND. (E) If, before February 18, 2014, HUSBAND secures approval for financing that will be secured against the marital residence, upon receipt of a deed prepared by HUSBAND and upon receipt of evidence of such financing approval, WIFE shall execute a deed releasing any right, title or interest she may have in the property to HUSBAND, however said deed shall be held in escrow with HUSBAND's counsel until closing occurs and WIFE receives payment in full. (F) If HUSBAND fails to comply with paragraph (D) or (E), then the parties shall cooperate, as defined herein, to enter into a listing agreement with a licensed realtor to sell the property no later than February 28, 2014 unless the parties otherwise mutually agree to a later date for listing the property. Said agreement shall be entered into with one of the following realtors, unless the parties mutually agree otherwise to the selection of an alternate realtor: David Hooke of Hooke, Hooke and Eckman; Michael Neidlinger of Prudential Realty, or Douglas Heineman of Howard Hanna Realtors. (G) In the event the property is listed for sale, the sale price shall be set at no less than $120,000.00, subject to the approval of said listing price by the realtor. The parties agree that they will accept any offer made to them that is at least 90% of the listing price. If the property does not sell within 60 days, they shall reduce the price in accordance with the advice of the realtor and shall agree to accept any offer made that is not less than 90% of the revised price. In the event the property still does not sell after an additional 60 days, then the price shall again be reduced based on the recommendation of the realtor. This process of adjusting the listing price and acceptance of offers shall repeat until the property is sold. If, at any time, after the property is listed for sale and before the execution of an agreement of sale, HUSBAND becomes able to pay WIFE the sum of $50,000.00, plus assuming responsibility for any costs due to the realtor arising out of the listing agreement, he shall be entitled to cancel the listing agreement only upon payment to WIFE and receipt of evidence that WIFE has no further obligation to realtor. The parties shall cooperate with the selected realtor in the listing and marketing of the property. Cooperation shall be defined as ensuring any documents necessary for the marketing and/or sale of the property are completed and executed within 5 days of presentation of same by realtor. Further, cooperation shall be defined as maintaining the property in good condition by keeping an orderly appearance in all structures and by maintaining any vegetation each to the satisfaction of the realtor. Likewise, cooperation is defined as ensuring the property is available to be shown with twelve hours advance notice provided by realtor and neither party shall be present during showing of the property to potential buyers except at the specific request of the realtor. Furthermore, HUSBAND agrees that if recommended by the realtor, he shall make any cosmetic or minor mechanical repairs necessary to market and or:sell the property not to exceed $2,000.00. WIFE shall have no obligation to contribute to the cost of repairs or improvements on the basis that HUSBAND has, and continues to enjoy sole possession of the property of the property since the time of separation. (IK Until WIFE receives payment in full under this agreement or the property is sold, HUSBAND agrees that he will not enter into any lease, rental agreement or otherwise do anything to encumber the real estate such that it interferes with the marketing or sale of the residence. (L) The parties agree that they will each be bound by the judgment and opinion of the realtor in determining whether or not a party is cooperating as defined herein. (M) If HUSBAND fails to cooperate with the marketing and/or sale of the property as defined herein an based on the judgment and opinion of the realtor, he shall vacate the property including removal of all personal property within 14 days of notice being provided to HUSBAND or his counsel by the realtor of HUSBAND's failure to abide the terms of this agreement and agrees to executed a limited power of attorney granting WIFE the authority to enter into an agreement of sale for the property consistent with the terms set forth herein. If HUSBAND refuses to either vacate the property or execute a limited power of attorney as set forth herein, WIFE shall be entitled to obtain an Order of Court directing the Sheriff to remove HUSBAND from the property and authorizing WIFE to execute any document necessary to continue to market or sell the real estate subject to the remaining provisions of the within agreement. (N) The costs of sale and the payment of any outstanding taxes or other liens secured against the property shall be deducted before the payment of any net proceeds to the parties, excluding any amounts paid by HUSBAND at the recommendation of the realtor under paragraph (J) hereof. Thereafter WIFE shall receive the sum of $50,000.00 from the net proceeds of the sale, and HUSBAND shall receive any remaining net proceeds arising out of the sale. B. PERSONAL PROPERTY: 1.) Motor Vehicles — HUSBAND and WIFE do not hold title jointly to any vehicles. The parties agree to release to the other any interest they may have in any vehicle held by the other which was acquired during the marriage. If the parties discover that a vehicle is jointly titled, they shall cooperate in the execution of a motor vehicle power of attorney in favor of the party currently possessing said vehicle. 2.) Bank Accounts — HUSBAND and WIFE agree that they have no remaining joint accounts together and that the proceeds of any accounts held together previously have been distributed to their mutual satisfaction. 3.) Pension and Retirement Accounts — HUSBAND and WIFE agree to release to the other any and all retirement accounts held during the marriage, or contributions made to said accounts made during the marriage. This release shall include any increases in value in pre -marital contributions to said accounts along with marital contributions or increases in value in said marital contributions to their respective accounts. 4.) Other Personal Property — The parties mutually release any interest in any personal property currently in the possession of the other party. 7. INCOME TAX RETURNS: The parties shall continue to prepare and file separate income tax returns free from any claims by the other for contributions or entitlement to any refund paid. 8. SPOUSAL SUPPORT AND ALIMONY: The parties hereby waive any potential claim for spousal support, alimony pendente lite, or alimony which they may have against the other. 9. BREACH: In the event of the breach of this agreement by either party, and the unreasonable failure of either party to remedy such breach after thirty days written notice to the breaching party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 10. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this agreement. 11. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect have been fully explained to the parties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily. Both parties have had adequate opportunity to review this agreement with independent legal counsel and have either done so or voluntarily chosen not to do so. WIFE's attorney is Nathan C. Wolf, Esquire and HUSBAND's attorney is Jeffery M. Cook, Esquire. 12. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 13. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 14. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 15. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 16. INCORPORATION INTO DIVORCE DECREE — The parties agree that the instant agreement shall be incorporated but not merged into a decree in divorce to be issued by the Court of Common Pleas of Cumberland County and that acknowledge that they have executed affidavits of consent and waivers of notice of intention to seek a divorce decree previously filed with the Court and that WIFE's counsel shall file prepare and file with the Court a Praecipe to Transmit the Record for the issuance of a divorce decree. 17. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. Each party acknowledges that he or she has read the above stipulation and agreement, that understands the terms of settlement as set forth herein, and that by signing below he or she ratifies and affirms the agreement previously made and intend to bind himself or herself to the settlement as a contract obligating himself or herself to the terms of settlement and subjecting himself or herself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESSES: Weit, JE Elt 1. COOK, ESQUIRE \ irl OLF, ESQUIRE THOMAS D. DORSEY, Apr 15 2014 9:37RM Jeffery M. Cook, Attorney 17173348302 JEFFERY M. COOK ATTORNEY AT LAW 234 Baltimore Street Tclephwie; 7174134-8416 • Gettysburg, PA 17325 March 26, 2014 Thomas D. Dorsey, Sr. 8 E. Locust Street Mount Holly Springs PA 17065 Dear Mr. Dorsey: 717.3 48302 Because your ex-wife has still not been paid the sum of $50,000.00, the marital agreement requires you to list the property for sale. The $50,000.00 owed to your ex-wife would be paid from the net proceeds. You will receive any balance. I have been contacted by a realtor, Dave Hook (telephone: 385-7478). Mr. Hook would like to inspect the property in order to determine an appropriate listing price. Please contact me at your earliest convenience in order to discuss this matter in further detail. Obviously, you still have the option of paying the $50,000.00 to your ex- wife to avert any listing and sale of the property. Thank you for your attention. Feel free to contact me should you have any comments or questions. l look forward to hearing from you in the very near future so that this matter may move forward without court intervention initiated by your ex-wife and her attorney. Sincerely yours, AL, dam. Jeffery M. Gook JMCAaw cc: Dave Hook, Realtor (dave@thinkhhe.com) P.1 6/11/2014 From: Dave Hooke <dave@hhande.com> To: nathancwolf@embarqmail.com Cc: Dave Hooke <dave@thinkhhe.com> Sent: 6/11/2014 1:38PM Subject: Dorsey file Nathan, Ia€TMm writing to update you on the property you contacted me to list previously. As la€TMd mentioned to you, I must have access to the property in order to evaluate it and potentially list and sell the property. Per your request I have contacted Mr. Dorseya€TMs attorney a€"Jeffery M. Cook a€" numerous times over the past 2 months. Mr. Cook has been very responsive and has told me that he has attempted to contact Mr. Dorsey to help me obtain entry to the property. During my last contact with Mr. Cook, he explained that Mr. Dorsey has been unresponsive to him. I am aware of the terms of a€"The Marriage Settlement Agreements€TM and at this point it seems Mr. Dorsey has not been responsive or cooperated with attempts to gain access to the property. Without access (both for myself and future showings on an ongoing basis), its€TMs not possible for me to list or sell the home. Let me know when I can access the property and la€TMII be happy to continue to pursue the listing and eventual sale of the property. thank you a€" Warm Regards, *David W. Hooke* *The Dave Hooke Team *Hooke, Hooke & Eckman Realtors LLC Realtor/Partner License: RS270667 Phone: (717) 249-1844 Direct: (717) 422-9950 Fax: (717) 249-1822 * Dave Hookea€TMs listings on. Realtor.com <http://www.realtor.com/realestateandhomes-search?agtid=192492> Page 1 TAMMY JEAN DORSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW THOMAS DEWEY DORSEY, SR., Defendant : NO. 07-5221 CIVIL TERM IN RE: MOTION TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 16th day of June, 2014, upon consideration of Plaintiff's Motion To Enforce Marriage Settlement Agreement, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. an C. Wolf, Esq. 10 West High Street Carlisle, Pa 17013 Attorney for Plaintiff .X -Trey M. Cook, Esq. 234 Baltimore Street Gettysburg, PA 17325 Attorney for Defendant :rc Cop t'e_s) tik_ BY THE COURT, detz de/4 Chri ylee L. Peck, J. . . x, • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TAMMY JEAN DORSEY, Plaintiff vs. THOMAS DEWEY DORSEY, SR., Defendant No. 07-5221 TO THE HONORABLE CHRISTYLEE L. PECK, JUDGE OF SAID COURT: RULE RETURNABLE DEFENDANT'S ANSWER ANSWERTUTTAINTIFFWMOTION TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT WITH NEW MATTER AND NOW, this dday of July, 2014, comes the above-named defendant, through his attorney, Jeffery M. Cook, and files this Rule Returnable/Defendant's Answer to Plaintiff's Motion to Enforce Marriage Settlement Agreement with New Matter as follows: ANSWER 1. Admitted. 2 'Jr.:: c 2. Admitted. c rrr c_ 3. Admitted.cr.)r- -C �' W 4. Admitted; -73 5. Admitted. 7C r ) 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. Husband was unable to obtain the necessary insurance until the indicated date due to financial hardship. 10. Admitted. 11. Admitted. 12. Admitted that Husband has not yet fulfilled his obligation under the MSA; however, Husband hopes to be able to obtain the necessary funds to resolve this matter in the near future. 13. Admitted. 14. Admitted that there were contacts between respective counsel, however denied that they were "repeated" and strict proof thereof is demanded at trial. 15. Denied that Husband's counsel has indicated that Husband has not provided any "meaningful response to inquiries as to his intentions" and strict proof thereof is demanded at trial. Due to his financial hardship alluded to above, Husband temporarily lost telephone service so his counsel was unable to contact him. 16. Admitted. 17. Admitted. 18. Neither admitted or denied that "Mr. Hooke has reported to the undersigned that he has made repeated attempts to make contact and schedule a meeting with Husband" and strict proof thereof is demanded at trial. Husband avers that he seldom leaves his residence and that he was not aware that Mr. Hooke made any efforts to contact him at the location of the real estate. 19. Admitted that the averment contained herein accurately reflects the language of the MSA. 20. Admitted that undersigned counsel did attempt to contact Husband. Denied that Husband failed to respond and strict proof thereof is demanded at trial. On the contrary, Husband recently contacted undersigned counsel and requested continued representation. 21. Neither admitted or denied. Husband is unaware of any efforts by Mr. Hooke to inspect the property and demands strict proof thereof at trial. Husband denies that Mr. Hooke's efforts have been "unsuccessful" and demands strict proof thereof at trial. 22. Husband denies that he has failed to cooperate with Mr. Hooke and demands strict proof thereof at trial. 23. This paragraph does not contain any factual averments and no responsive pleading is required. 24. This paragraph does not contain any factual averments and no responsive pleading is required. 25. Denied that Wife has incurred counsel fees in connection with the instant motion and that Husband is in breach of the terms of the MSA. Strict proof thereof is demanded at trial. 26. Admitted. 27. No responsive pleading is required. 28. No responsive pleading is required. WHEREFORE, Husband prays that Your Honorable Court will hereafter schedule a hearing in connection with the pleadings filed herein. NEW MATTER 1. Plaintiff/Wife's Motion to Enforce Marriage Settlement Agreement was filed in the Cumberland County Court of Common Pleas on June 11, 2014. 2. By Order dated June 16, 2014, Your Honorable Court issued a rule upon defendant to show cause why the relief requested should not be granted. 3. The copy of said order served upon the defendant is time stamped June 18, 2014. Respectfully submitted, By: Jeffry Cook Attorne or Defendant/Husband 234 Bal more Street Gettysburg, PA 17325 (717) 334-8516 CERTIFICATE OF SERVICE 141 AND NOW, this 2 day of July, 2014, 1, Jeffery M. Cook, hereby certify that a copy of the foregoing Answer to Plaintiff's Motion to Enforce Marriage Settlement Agreement and New Matter was served on the following: Nathan C. Wolf, Esquire Attorney for Plaintiff 10 West High Street Carlisle, PA 17013 SW, Jeffer ook Attorney r Defendant/Husband 234 Baltimore Street Gettysburg, PA 17325 717-334-8516 t TAMMY JEAN DORSEY, Plaintiff v. THOMAS DEWEY DORSEY, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW : NO. 07-5221 CIVIL TERM IN RE: MOTION TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 12th day of August, 2014, upon consideration of Plaintiff's Motion To Enforce Marriage Settlement Agreement (the Agreement) and Defendant's Answer, it is hereby ordered and directed that: 1. Defendant shall, within thirty (30) days of the date of this order, either (a) vacate the property at 8 East Locust Street, Mt. Holly Springs, PA 17065 and remove all of his personal property therefrom or (b) pay Plaintiff the amount of $50,000, upon receipt of which Plaintiff shall fulfill her obligations under paragraph 6.A(D) of the Agreement; 2. In the event that Defendant does not pay Plaintiff $50,000 within thirty (30) days of the date of this order to have a deed executed transferring the property into his sole name, the following is ordered: (a) Defendant shall execute a limited real estate power of attorney to Plaintiff within thirty (30) days of the date of this order authorizing her to execute any and all documents and take any action necessary with respect to the above property to effectuate the terms of the Agreement, upon presentation of the same to Defendant's counsel and such execution shall occur within five (5) days of presentation of the same to Defendant's counsel; and (b) The property at 8 East Locust Street, Mt. Holly Springs, PA 17065 shall be listed for sale within ninety (90) days of the date of this order and the proceeds C3 rn co z zX3 z C_7 z2, c.n f; from the sale of the property shall be distributed pursuant to paragraph 6.A(N) of the Agreement. ,Nathan C. Wolf, Esq. 10 West High Street Carlisle, Pa 17013 Attorney for Plaintiff /Jeffrey M. Cook, Esq. 234 Baltimore Street Gettysburg, PA 17325 Attorney for Defendant :rc BY THE COURT, A//(-1( Christyle®""L. Peck, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY:cVI�iIA CIVIL ACTION - LAW rn TAMMY JEAN DORSEY, No. 07-5221 cnr Plaintiffr co T G vc .. TO THE HONORABLE CHRISTYLEE L. PECK, JUDGE OF SAID COURT: MOTION FOR EXTENSION vs. THOMAS DEWEY DORSEY, SR., Defendant AND NOW, this ?day of September, 2014, comes the above-named defendant, through his attorney, Jeffery M. Cook, and files this Motion for Extension as follows: 1. By order of Your Honorable Court dated August 12, 2014, defendant was given thirty days in which to remove the contents of the marital dwelling or pay to plaintiff the agreed-upon sum of $50,000.00. 2. Defendant received a copy of said order from undersigned counsel on August 22, 2014. 3. Defendant was hospitalized from August 3, 2014, through August 5, 2014, as confirmed by copies of medical records which are attached hereto. 4. Defendant's medical situation has made it difficult for him to obtain re -financing in order to make the aforementioned payment. 5. Defendant requests an extension of time in which to come into compliance with the aforementioned order of court. WHEREFORE, Defendant prays Your Honorable Court will grant him additional time, perhaps 30 days, in which to come into compliance with the August 12, 2014, order of court. Respectfully submitted, By: Jerry Cook Attorne or Defendant 234 Baltimore Street Gettysburg, PA 17325 (717) 334-8516 CERTIFICATE OF SERVICE AND NOW, this day of July, 2014, I, Jeffery M. Cook, hereby certify that a copy of the foregoing Motion For Extension was served on the following: Nathan C. Wolf, Esquire Attorney for Plaintiff 10 West High Street Carlisle, PA 17013 Je '.Cook Attome for Defendant 234 Baltimore Street Gettysburg, PA 17325 717-334-8516 08/27/2014 11:54 7172415373 y• ® 08/05/2011 12:38 PM UPS STORE PAGE 01/02 Fax Services > David A Dell MD PATIENT: DORSEY, THOMAS MED REC: 000017845 ADMIT DATE: 08/03/2014 02 DATE OF ADMISSION: 08/03/2014 DATE OF DISCHARGE: 08/05/2014 DISCHARGE DIAGNOSES: Alcohol withdrawal seizure. Aspiration pneumonia. Chronic pain with intractable left chest wall pain. Tobacco abuse. Degenerative joint disease. Hepatomegaly with fatty liver. Le_ dir-as- at 1 DISCHARGE MEDICINES: Augmentin 875 mg b.i.d., clonidine 0.1 mg b.i.d., valproic acid 250 mg t.i.d.. Serax 10 mg t.i,d. HISTORY AND HOSPITAL COURSE: Mr. Dorsey is a 52 -year-old white male who presented to the emergency room with a syncopal episode and intractable left chest wall pain, On 08102/2014. the patient was noted to.have an episode of seizure-like movement with clenched jaw around 8:30 in the evening, followed by a postictal state with contusion with left lower sharp chest wall pain. In the r enc de artment, he was having paroxysms of severe left chest wall pain, which were nonpleuritic, nonradiating an in in .ensity and associated with diaphoresis. It did not change with nitroglycerin, but improved with IV Dilaudid. He was noted to be tachycardic and diaphoretic. The patient had a tooth extracted 4 days prior and has been taking penicillin and Flagyl for dental infection, He has a history of chronic alcoholism, chronic pain syndrome, and anxiety end depression, He is a smoker of a pack and a half of Cigarettes a day and is noted be a heavy drinker by the family. He occasionally smokes marijuana, but does not use other drugs. He does live by himself next to his parents and is on disability due to chronic pain and arthritis, Previous surgeries have included bilateral knee surgery. He had a left chest wall injury about 4 years ago from a motor vehicle accident at which time he had chest tubes placed and has a history of rib fractures which have subsequently healed. He had a lumbar laminectomy in the past. Admission labs Included a white count of 9.8 with a left shift, hemoglobin was 17. Sodium was 123, creatinine 1.1, random sugar 165, AST was 49, lipase 293. Cardiac enzymes were normal. CT of the head showed no acute process. He did have a scan of the chest, abdomen and pelvis with no acute abnormalities except for hepatic steatosis. EKG showed sinus tachycardia with left posterior fascicular block, but no active ischemic changes. The patient was admitted to the hospital, He was started on intravenous Unasyn for antibiotic coverage for his dental infection and being treated with IV fluids, His alcohol level was noted to be low and he was felt to be having alcohol withdrawal symptoms with probably a seizure. He was treated with benzodiazepines Intravenously and also given some IV narcotics for paln control. There is a history of a mood disorder for which he was on Zoloft. His sodium level improved with IV hydration returning to a more normal range after a couple of days. He was treated with thiamine and folate, and vitamins intravenously, He was started on p.o. Catapres, as well as subsequently p.o. benzodiazepines, as well as valproic acid for seizure and mood control, We had a long discussion concerning his substance abuse difficulties. He stated that he had had numerous previous attempts et alcohol cessation through AA, as well as through the Sadler and Stevens Center. We discussed the need for him to discontinue alcohol completely. He states he will try. Tobacco smoking was noted, but was felt at this time that the patient will not add that to his list. He was treated with a nicotine patch during his hospitalization and did well, His left chest wall pain persisted. He underwent a second CT of his chest to rule out pulmonary emboli as his 0 - dimer was elevated. This second study of the chest was negative for PE. It did show the development of a right- sided pneumonia, most likely consistent with aspiration during his nonresponsive stages. The patient had been on PATIENT: DORSEY, THOMAS DOB: 04/17/1962 MED REC: ACCOUNT#: 958352 ADMIT DATE:0017845 08/03/2014 C R - 81"•d.' as ' DISCHARGE DATE: 7 08/05/2014 ATTENDING: David A Deli, MD DICTATING: David A Dell, MD ROOM: 0302 FAMILY DOCTOR: CARLISLE REGIONAL MEDICAL CENTER DISCHARGE SUMMARY Page 1 of 2 Copy for David A Dell MO 08/27/201,4 11:54 7172415373 O 08/05/2014 12:38 PM Fax Services PATIENT: DORSEY, THOMAS UPS STORE David A Dell MD MED REC: 000017845 ADMIT DATE: 08/03/2014 PAGE 02/02 iD Unasyn and Seemed to be having no significant symptoms of the pneumonia as he was oxygenating well and had maintained good temperature control. as well as normal white count. He was continued on p.o. antibiotics at discharge and this will be followed and monitored as an outpatient, I elected to start the patient on clonidine, valproic acid and oxazepam with attempts to try to wean the oxazepam over time pending the compliance of the patient. We will support him as an outpatient. He will need to make routine followup office vislts to be monitored. I will offer referral to pain medicine specialist if needed as well as counseling if desired, although the patient was pretty adamant that he did not want any counseling. David A Dell, MO DD: Tue Aug 05 09:33 07 2014 DT: Tue Aug 05 12'29:25 2014 71693100 /95903 CC: THIS DOCUMENT IS NOT A LEGAL COPY UNLESS SIGNED PATIENT: DORSEY, THOMAS MED REC: 000017845 ADMIT DATE: 08/03/2014 ATTENDING: David A Dell, MD ROOM: 0302 DOB: 04/17/1962 ACCOUNT#: 9583572 DISCHARGE DATE: 08/05/2014 DICTATING: David A Dell, MD FAMILY DOCTOR: CARLISLE REGIONAL MEDICAL CENTER DISCHARGE SUMMARY Page 2 of 2 Copy for David A Dell MD TAMMY JEAN DORSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION — LAW THOMAS DEWEY DORSEY, SR., Defendant : NO. 07-5221 CIVIL TERM IN RE: DEFENDANT'S MOTION FOR EXTENSION ORDER OF COURT AND NOW, this 23rd day of September, 2014, upon consideration of Defendant's Motion for Extension, and over objection of Nathan C. Wolf, Esq., attorney for Plaintiff, Defendant is granted 30 days from the date of this Order to comply with the August 12, 2014 Order. No further extensions shall be granted. BY THE COURT, Nathan C. Wolf, Esq. 10 West High Street Carlisle, Pa 17013 Attorney for Plaintiff ey M. Cook, Esq. 234 Baltimore Street Gettysburg, PA 17325 Attorney for Defendant :rc Cbpesp2altd. 9/01/43AY Chrisfylee L. Peck, rq -9 3 N.) CD I t7: NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JIff,' ' 14 Pi f . L, : f 4 CUMBERLAND VJ COU TY PENNS YLVAN1,1 TAMMY JEAN DORSEY, Plaintiff v. THOMAS DEWEY DORSEY, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07-5221 CIVIL TERM : IN DIVORCE MOTION FOR CONTEMPT NOW comes the Plaintiff, Tammy Jean Dorsey, by her attorney, Nathan C. Wolf, Esquire, and presents this motion for contempt, representing as follows: 1. The Plaintiff is Tammy J. Dorsey, an adult individual, residing in Cumberland County, Pennsylvania (hereinafter referred to as "Wife"). 2. The Defendant is Thomas D. Dorsey, Sr., an adult individual, residing at 8 East Locust Street, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. 3. The parties were divorced by decree dated November 27, 2013 issued by the Honorable Christylee L. Peck. 4. The economic claims of the parties were resolved by a negotiated marital settlement agreement (MSA) dated November 20, 2013, a copy of which appears of record in this action. 5. On or about June 11, 2014, Wife filed a Motion to Enforce the Marital Settlement Agreement seeking an Order from the Court directing Husband to vacate the residence within a certain time period, execute a real estate limited power of attorney and seeking reimbursement for counsel fees incurred in the course of attempting to enforce "the MSA. 6. A Rule was issued by the Honorable Christylee L. Peck on or about June 16, 2014 upon Husband to show cause why relief should not be granted, returnable 20 days after service thereof. 7. Husband filed an Answer with New Matter to the Motion for Enforcement on or about July 3, 2014. 8. The Court disposed of the Motion by Order dated August 12, 2014. A true and correct copy of which is attached hereto and incorporated herein as Exhibit A. 9. Thereafter, on or about September 5, 2014, Husband filed a motion for extension of time indicating he was attempting to comply with the Order of August 12, 2014. 10. The Court granted Husband's request, over Wife's objection, for by Order dated September 23, 2014, providing Husband thirty (30) additional days within which to comply and noting that no further extensions would be granted. A true and correct copy of which is attached hereto and incorporated herein as Exhibit B. 11. Upon information and belief, Husband continues to occupy the premises at 8 East Locust Street, Mt. Holly Springs, PA 17065. 12. Wife has not received any funds from Husband in payment of this obligation. 13. Wife's counsel prepared a Real Estate Limited Power of Attorney for Husband's signature in compliance with the Court's Order and transmitted the same to Counsel for Husband via email on October 29, 2014. 14. Husband's counsel received the email with the Real Estate Limited Power of Attorney from Wife's counsel on October 29, 2014, the receipt and reading of which generated an automatic email reply from Attorney Cook's email to the undersigned. (A true and correct copy of which is attached hereto and incorporated herein as Exhibit C.) 15. After numerous inquiries, Wife's counsel has still not received the executed document from Husband. 16. On or about January 13, 2015, Wife's counsel learned from Husband's counsel that Husband was refusing to execute the Power of Attorney as directed by this Court. 17. Furthermore, upon information and belief, Husband has made no effort to contact David Hooke concerning the listing and sale of the property. 18. Rather, in October 2014, Husband's counsel informed the undersigned that Husband was attempting to liquidate retirement funds to make a significant partial payment to Wife in exchange for additional time. 19. Husband's counsel characterized that such payment was expected to be received in December 2014. 20. No such payment has been made to Wife. 21. Despite Wife's requests through counsel through and since December 2014 for the status of such proposed payment and to be provided with a precise figure of the proposed payment have not been provided. 22. On or about January 13, 2015, Wife's counsel was informed that Husband has abandoned his plan to liquidate his retirement funds and provide said sums to Wife. 23. On or about December 17, 2014, counsel was contacted by Leonard Guise of Century 21 Real Estate in Carlisle, Pennsylvania who indicated that he had placed the property on the Realtor's Multi -State Listing (MLS) on behalf of Mr. Dorsey who had already signed a listing agreement. 24. Mr. Guise requested Wife's cooperation with the listing of the property and her signature on the listing agreement. 25. Mr. Guise was not among the Realtors selected by the parties to list the property for sale in the MSA. 26. Wife was not involved in the selection of Mr. Guise whatsoever. 27. Upon information and belief, Wife avers that Leonard Guise is a relative of Husband. 28. Leonard Guise indicated to the undersigned that, as of December 17, 2014, he had no knowledge of the terms of the marital settlement agreement or the efforts undertaken by Wife to enforce said agreement. 29. Furthermore, Mr. Guise advised that the property had been listed for sale at the price of $174,000.00. 30. Said listing price was than $44,000.00 more than the appraised value of the property completed by a licensed appraiser in the course of the litigation of the divorce and such appraised value was used as the basis for the settlement negotiations. 31. Wife believes that the property will not sell for the suggested listing price and had no input into the establishment of the listing price. 32. Wife now seeks relief from the Court as her financial circumstances are dire and she requires relief from this Court to move the matter forward. 33. Wife negotiated with Husband in good faith and the terms of the agreement were reached under the advice of counsel to both parties. 34. In fact, both counsel participated in the drafting of the agreement in Wife's counsel's office and Husband and Wife each executed the agreement the day that it was drafted. 35. Wife has abided the terms of the agreement and complied with all that was required of her. 36. Wife sought relief from this Honorable Court more than six (6) months ago and has been unable to secure any meaningful relief from Husband due to his failure to comply with this Honorable Court's Orders. 37. Wife submits that this Honorable Court neither explicitly denied nor granted her request for counsel fees incurred in her efforts to enforce the instant agreement. 38. By contrast, Husband's actions reflect his flagrant contempt and disrespect of this Court's authority and of its Orders and directives. 39. Moreover, Husband's actions demonstrate that he has no intention of respecting or abiding the Court's rulings or the terms of the negotiated marital settlement agreement. 40. Wife requests that the Court grant immediate summary relief by directing the Sheriff to remove Husband from the residence along with his personal property. 41. Further, Wife requests that Husband be directed to execute the aforementioned Real Estate Limited Power of Attorney under further penalties available to the Court after a finding of contempt. 42. Finally, Wife requests that the Court grant an award of counsel fees incurred in the enforcement of the MSA which amount is certified by the undersigned as of the drafting of this motion to be $1732.50, representing 10.5 hours at $165.00 per hour. 43. Wife requests that the Court award any additional counsel fees and costs in an amount to be certified to the Court at the time of Husband's compliance and fulfillment of his obligations to Wife. 44. Wife requests this Honorable Court permit said counsel fees to be paid from the proceeds of sale prior to the distribution of any funds to Husband. 45. Wife submits that Husband will continue to defy this Court's authority and that he will fail to comply with the terms of the Marital Settlement Agreement and the Orders of Court issued in the course of the enforcement of said agreement unless this Honorable Court imposes sanctions for non-compliance exhibited to -date. 46. The undersigned sought concurrence in the foregoing motion to enforce from Husband's counsel and Attorney Cook indicated he was constrained to withhold concurrence in the foregoing motion. WHEREFORE, counsel for the plaintiff respectfully requests this Honorable Court issue an Order providing for the following relief: (1) Adjudicating Husband in Contempt of this Court's Orders of August 12, 2014 and September 23, 2014; (2) evicting Husband from the premises identified as 8 East Locust Street, Mt. Holly Springs, Pennsylvania and directing that his presence on the premises or the presence of any individual action on Husband on the premises behalf be deemed an additional violation; (3) authorizing the Sheriff of Cumberland County to immediately remove Husband and all of Husband's personal property from 8 East Locust Street, Mt. Holly Springs, Pennsylvania; (4) directing that Husband execute the limited real estate power of attorney to Wife authorizing Wife to execute any and all documents and take any action necessary to effectuate the terms of the Marital Settlement Agreement and upon refusal to comply with the same to bring Husband before this Honorable Court to show cause why additional sanctions should not be imposed for his refusal to comply with the Court's directives; (5) authorizing and empowering Wife to execute any document and make any decision necessary to effectuate the terms of the Marital Settlement Agreement and to take action on behalf of both Husband and Wife, consistent with the provisions of the Marital Settlement Agreement, if Husband has not executed the limited real estate power of attorney within 5 days of the presentation of the same to Husband's counsel; (6) awarding the sum of $1732.50 to Wife in Counsel Fees to be paid from Husband's share of any proceeds from the sale of the marital residence to Wife's counsel prior to distribution of any proceeds to Husband; (7) authorizing counsel to certify to this Honorable Court additional fees incurred in securing the enforcement of the Marital Settlement Agreement for approval thereof to be paid in the same manner set forth herein; and, (8) any further relief the Court deems appropriate and just. Dated: January , 2015 Respectfully submitted, WOLF & LF C. Wolf, Esquire High Street rlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff VERIFICATION I, the undersigned counsel for Plaintiff, verify that the statements in the above motion 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. C.S. Section 4904 relating to unsworn falsification to authorities. January / 7, 2015 Nath . Wolf Attorney for Plaintiff 1. TAMMY JEAN DORSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW -0 rn THOMAS DEWEY ci) -<> DORSEY, SR., r - <c) Defendant : NO.. 07-5221 CIVIL TERM c, IN RE: MOTION TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT (7= ‘.:1? cri cD ORDER OF COURT AND NOW, this 12th day of August, 2014, upon consideration of Plaintiff's Motion To Enforce Marriage Settlement Agreement (the Agreement) and Defendant's Answer, it is hereby ordered and directed that: 1. Defendant shall, within thirty (30) days of the date of this order, either (a) vacate the property at 8 East Locust Street, Mt. Holly Springs, PA 17065 and remove all of his personal property therefrom or (b) pay Plaintiff the amount of $50,000, upon receipt of which Plaintiff shall fulfill her obligations under paragraph 6.A(D) of the Agreement; 2. In the event that Defendant does not pay Plaintiff $50,000 within thirty (30) days of the date of this order to have a deed executed transferring the property into his sole name, the following is ordered: (a) Defendant shall execute a limited real estate power of attorney to Plaintiff within thirty (30) days of the date of this order authorizing her to execute any and all documents and take any action necessary with respect to the above property to effectuate the terms of the Agreement, upon presentation of the same to Defendant's counsel and such execution shall occur within five (5) days of presentation of the same to Defendant's counsel; and (b) The property at 8 East Locust Street, Mt. Holly Springs, PA 17065 shall be listed for sale within ninety (90) days of the date of this order and the proceeds Eximi'L(4 A" from the sale of the property shall be distributed pursuant to paragraph 6.A(N) of the Agreement. Na an C. Wolf, Esq. est High Street arlisle, Pa 17013 Attorney for Plaintiff Jeffrey M. Cook, Esq. 234 Baltimore Street Gettysburg, PA 17325 Attorney for Defendant :rc BY THE COURT, /7. Christylea L. Peck, J. Oot,.27. 2014 10:37AM Cumberland County Sherrif No,1966 TAMMY JEAN DORSEY, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. ; •.CIVIL ACTION — LAW THOMAS DEWEY DORSEY, SR,, Defendant : NO. 07-5221 CIVIL TERM IN RE: DEFENDANT'S MOTION FOR EXTENSION ORDER OF COURT AND NOW, this 23`d day of September, 2014, upon consideration of Defendant's Motion for Extension, and over objection of Nathan C. Wolf, Esq., attorney for Plaintiff, Defendant is granted 30 days from the date of this Order to comply with the August 12, 2014 Order. No further extensions shall be granted. 13Y THE COURT, Nathan C. Wolf, Esq. 10 West High Street Carlisle, Pa 17013 Attorney for Plaintiff 231<ey M. Cook, Esq. 4 Baltimore Street Gettysburg, PA 17325 Attorney for Defendant :rc Chris`fylee L. Peck, J. 1/13/2015 From: "Jeffery M. Cook" <jcookatty@yahoo.com> To: "Nathan C. Wolf" <nathancwolf@embarcimail.com> Sent: 10/29/2014 4:37PM Subject: Read: Real Estate Limited Power of Attomey Your message To: Jeffery Cook Subject: Real Estate Limited Power of Attorney Sent: 10/29/2014 11:04 AM was read on 10/29/2014 4:36 PM. Page 1 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF TAMMY JEAN DORSEY, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW THOMAS DEWEY DORSEY, SR., : NO. 07-5221 CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Defendant, do hereby certify this day that I served a copy of the foregoing Motion upon the following by U.S. mail, addressed as follows: Date: January /7 2015 Jeffery M. Cook, Esquire 234 Baltimore Street Gettysburg, PA 17325 , squire for Plaintiff