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HomeMy WebLinkAbout08-4952Debra R. Mehaffie, Esquire Scaringi & Scaringi, P.C. I.D. No. 90951 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Tele: (717) 657-7770 Fax: (717) 657-7797 debra@scaringilaw.com Counsel for Plaintiff Steven D. Woof STEVEN D. WOOF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. (? - Nq°So1 Civil Term DESIREE D. WOOF, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office and the Office of the Prothonotary at the Cumberland County Courthouse, Carlise, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 Debra R. Mehaffie, Esquire Scaringi & Scaringi, P.C. I.D. No. 90951 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Tele: (717) 657-7770 Fax: (717) 657-7797 debra@scaringilaw.com Counsel for Plaintiff Steven D. Woof STEVEN D. WOOF, Plaintiff V. DESIREE D. WOOF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA cJvi I ->?? NO. o S'- y 9.5z CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW COMES, Steven D. Woof, by and through his attorney, Debra R. Mehaffie, Esquire of Scaringi & Scaringi, P.C., who brings this Complaint in Divorce and avers as follows: 1. Plaintiff is Steven D. Woof, an adult individual residing at 301 Chestnut Street, Apartment 614, Harrisburg, Dauphin County, Pennsylvania 17011. 2. Defendant is Desiree C. Woof, an adult individual residing at 9 Creek Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on February 21, 2003 in Lafourche Parish, Louisiana. 5. There are two (2) minor children of the marriage, namely: Alek S. Woof, born January 13, 1999 and Zyler Q. Woof, born October 31, 2002. 6. The parties are presently living separate and apart within the meaning Pennsylvania's Divorce Code and Plaintiff will file an Affidavit of Separation at the appropriate time. 7. There have been no prior actions for divorce of annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldier's and Sailor's Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and the Plaintiff has the right to request that the court require the parties participate in counseling. 10. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with Section 3301 of the Pennsylvania Divorce Code. COUNTI EQUITABLE DISTRIBUTION 11. The averments in paragraphs 1 through 10 of Plaintiff's complaint are incorporated herein by reference thereto. 12. During the marriage the parties have acquired martial assets and debts that are subject to Equitable distribution by this Court. 13. Plaintiff and Defendant are unable to agree as to the equitable distribution of marital assets and debts. 14. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff STEVEN D. WOOF, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; and C. Awarding other relief as the Court deems just and reasonable. Respectfully Submitted: SCARINGI & SCARINGI, P.C. Date [ y [ xOrney for Plaintiff V I.D. No. 90951 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 Debra R. Mehaffie, Esquire Scaringi & Scaringi, P.C. I.D. No. 90951 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Tele: (717) 657-7770 Fax: (717) 657-7797 debra@scaringilaw.com Counsel for Plaintiff Steven D. Woof STEVEN D. WOOF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. DESIREE D. WOOF, CIVIL ACTION - LAW Defendant IN DIVORCE VERIFICATION I, Steven D. Woof, hereby certify that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: ? /y X06 Seven D. W laintiff cc-5 r c ate- ---+ W '' Fri 04 V1 0 = l ?y } _q r7l J ? `mss ti T5 Debra R. Mehaffie, Esquire Scaringi & Scaringi, P.C. I.D. No. 90951 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Tele: (717) 657-7770 Fax: (717) 657-7797 debra@scaringilaw.com Counsel for Plaintiff Steven D. Woof STEVEN D. WOOF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. (?$ - ?45a Ci vi DESIREE D. WOOF, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: U Steven D. Wo amtiff L , ,tea t co 7 rT7 3 _ 7 ?? CsJ 13? Debra R. Mehaffie, Esquire Attorney I.D. No. 90951 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 Attorney for Plaintiff STEVEN D. WOOF, Plaintiff V. DESIREE D. WOOF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4952 CIVIL ACTION - LAW IN DIVORCE STIPULATION TO CORRECTION OF THE CAPTION PURSUANT TO Pa.R.C.P. 1033 1. Plaintiff, Steven D. Woof, filed this divorce action against his wife, Desiree C. Woof on August 18, 2008. 2. Defendant, Desiree C. Woof, through her attorney, Sam Andes, accepted service of the Complaint on September 12, 2008, by signing the Acceptance of Service. 3. Plaintiff did not recognize that the caption of the case incorrectly referenced the Defendant's middle initial as "D" instead of "C". 4. The parties agree that the caption of the case must be corrected to reflect Defendant's correct middle initial. 5. Defendant consents to the correction of her middle initial in the caption of the case. 6. Pa.R.C.P. 1033 provides: Scarmgi & Scarmgi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 Attorney for Plaintiff "A party, by filed consent of the adverse party or by leave of the court, may at any time ...correct the name of a party..." 7. The parties desire and direct the Prothonotary to make such correction of the docket as may be necessary to reflect the name change. WHEREFORE, the parties through their counsel, consent to the amendment of the caption and Divorce Complaint to correct the spelling of the Defendant's middle initial to read "C". w a 108 Date ra R. ehaffie, Esquire y Attorney I.D. No. 90951 v` Date Sam Andes, Esquire Attorney I.D. No. P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 Attorney for Defendant C ? ,- - -ta a C P1 STEVEN D. WOOF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4952 DESIREE D. WOOF, CIVIL ACTION - LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Sam Andes, Esquire, Attorney for Defendant Desiree C. Woof in the above-captioned matter, do hereby accept service of the complaint in divorce and certify that I am authorized to do so. C Z zcoy?? _s (?o Date Sam Andes, Esqui e Attorney I.D. No. }-? ?' LZZ)6' P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 telephone Attorney for Defendant t? ems as t'r, CrT .. 4 5 SEP 19 200 8 STEVEN D. WOOF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4952 DESIREE C. WOOF9 CIVIL ACTION - LAW Defendant IN DIVORCE ORDER ADOPTING STIPULATION OF PARTIES tb AND NOW, to wit, this I3 day of 2008, upon consideration of the attached Stipulation and on motion of Debra R. Mehaffie, Esquire, counsel for Plaintiff, Steven D. Woof, and Samuel L. Andes, Esquire, counsel for Desiree C. Woof, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Stipulation are adopted as Orders of Court in the above captioned matter. BY THE COURT: Distribution: -I Debra R. Mehaffie, Esquire, Scaringi & Scaringi, P.C., 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110, /(717) 657-7770 phone, (717) 657-7797 far, debra ,scarineilaw.com, Attorney for Plaintiff ? Samuel L. Andes, Esquire, P.O. Box 168, Lemoyne, PA 17043, (717) 761-5361, Attorney for Defendant (2-6 pt iu r-A11 C LLL 4 ?3?og 83S aw A?d;?O' or 301 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA STEVEN D. WOOF, PLAINTIFF, Civil Action---Divorce Docket No. 08-4952 V. DESIREE C. WOOF, DEFENDANT, NOTICE TO DEFEND AND CLAIM OF RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA STEVEN D. WOOF, PLAINTIFF, Civil Action---Divorce Docket No. 08-4952 V. DESIREE C. WOOF9 DEFENDANT, AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomare accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulaminento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la officina del Prothonotary, en la Cumberland County Bar Association, 2 Liberty Avenue, Carlisle, Pennsylvania 17101. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL. HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULIAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.USTED DEBELLEVAR ESTE PAPELA UN ABOGADO DE INMEDIATO SI NO TIENEPUEDEPAGAR UN ABOGADO. VAYA O LLAME A LOFFICINAINDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASIS TENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. & 3301(a)(6)-------Indignities 23 Pa.C.S. & 3301(c)----------Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. & 3301(d)----------Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation. A list of marriage counselors is available in the Office of the Prothonotary Cumberland County Courthouse,1 Courthouse Square, Carlisle, Pennsylvania 17013. GREGORY S. HAZLETT, ESQUIRE ATTORNEY & COUNSELOR AT LAW Mechanicsburg, Pennsylvania 17055 Phone: (717) 790-5500 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA STEVEN D. WOOF, PLAINTIFF, Civil Action---Divorce Docket No. 08-4952 V. : DESIREE C. WOOF, DEFENDANT, AMENDED COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE PARTIES AND NOW COMES, Steven D. Woof, by and through his attorney, Gregory S. Hazlett, Esquire, who brings this Amended Divorce Complaint and avers as follows: 1. Plaintiff is Steven D. Woof, an adult individual, sui juris, who currently resides at 301 Chestnut Street, Apartment 614, Harrisburg, 17011, Dauphin County, Commonwealth of Pennsylvania. 2. Defendant, is Desiree C. Woof, an adult individual, sui juris, who currently resides at 9 Creek Road, Camp Hill, 17011 Cumberland County Commonwealth of Pennsylvania. JURISDICTION & VENUE 3. Both Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania for a period of more than 6 months. 4. The parties were married on the 21St day of February 2003 in Lafourche Parish, Louisiana. 5. There are two minor children by the names of Alek S. Woof, born January 13th, 1999 and Zyler Q. Woof, born October 3 1St, 2002. 6. The parties are presently living separate and apart within the meaning of Pennsylvania's Divorce Code and Plaintiff will file an Affidavit of Separation at the appropriate time. 7. There have been no prior actions for divorce or annulment between the parties other than the original divorce pleading from which this Amended divorce Complaint emanates and that was originally filed on August 18th, 2008 docket number 08-4952. 8. Neither the Plaintiff nor the defendant are it the military service of the United States within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and the Plaintiff has the right to request that the court require the parties participate in counseling. 10. The marriage is irretrievably broken and no possibility of reconciliation exists. WHERFORE, plaintiff requests that the Honorable Court grant a decree of divorce pursuant to, and in conformity with 3301 of the Divorce Code. PETITION FOR EQUITABLE DIVISION DISTRIBUTION AND ASSIGNMENT OF MARITAL PROPERTY 11. The averments of paragraphs 1 through 10 of Plaintiff's Complaint are incorporated hereinby direct reference thereto as if set forth verbatim. 12. During the parties marriage the parties have acquired marital assets and debts that are subject to Equitable Distribution by this Court. 13. Plaintiff and Defendant are unable to agree as to the equitable distribution of marital assets and debts. 14. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff prays that this Honorable Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. (a) equitably divide, distribute and assign all of the parties' marital property: (b) enjoin Defendant from transferring or encumbering any marital property during the pendency of this action. COUNT II ALIMONY PENDENTE LITE 14. The averments of paragraphs 1 through 14 of Count I of this Complaint are incorporated herein as if set forth verbatim. 15. Plaintiff, is in need of alimony pendente lite during the pendancy of this divorce proceeding to provide to his financial support sufficient to meet and fulfill his reasonable needs. 16. Plaintiffs' income is comparatively less than that of defendants' and therefore his ability to maintain the marital lifestyle for which he has become accustomed to during the marriage is severely compromised in the absence of financial support from the defendant. 17. Plaintiff, alleges and avers that in the absence of such Alimony Pendente Lite, he will not be unable to provide for his basic necessities and fulfill his financial obligations as they become due during the pendancy of this divorce action. WHEREFORE, Plaintiff prays that this Honorable Court grant him Alimony Pendente Lite during the pendancy of this action. COUNT iI ALIMONY The averments of paragraphs 1 through 17 of Count I & II, of this Complaint are incorporated herein as if set forth verbatim. .18. Plaintiff, states that subsequent to the entry of the divorce decree he will encounter financial constraints derived from the costs and expenses associated with maintaining a lifestyle which he currently is accustomed to during his marriage to defendant. 19. Plaintiff, declares that due to the disparate level of income as between himself and defendant, Wife he will be unable to fulfill his reasonable needs and sustain the lifestyle for which he has become accustomed during his marriage. 20. Plaintiff, alleges and avers that in the absence of such Alimony defendant will be unable to provide for her basic necessities and fulfill his financial obligations as they become due subsequent to the entry of a divorce decree. WHEREFORE, Plaintiff prays that this Honorable Court grant him Permanent Alimony subsequent to the entry of a Decree in Divorce until such time as the law will allow and provide. COUNT III REQUEST FOR COSTS & EXPENSES The averments of paragraphs 1 through 17 of Count I & II, of this Complaint are incorporated herein as if set forth verbatim. 21. Plaintiff will also incur legal expenses and costs to pursue the legal claims for which he is entitled to and required to pursue, and/or assert his defenses to the same and as such is in need of financial support 22. It is anticipated that the Plaintiff will be required to utilize the services of professionals including but not limited to Appraisers, Accountants, Attorneys etc. all of which will require compensation for services requested and rendered to plaintiff. 23. It is anticipated that this divorce complaint will involve protracted litigation to conclude the same. WHEREFORE, Plaintiff prays that this Honorable Court grant him Costs and Expenses of the underlying litigation relative to this Divorce proceeding and require defendant to renumerate the plaintiff for all expenses associated with the advancement of this proceeding and up to its conclusion. GREGORY S. HAZLETT, ESQUIRE ATTORNEY & COCNSWOR AT LAW At Oney for Plaff tiff Wes Main Street Mechanicsburg, Pennsylvania 17055 Phone: (717) 790-5500 VERIFICATION I verify that upon personal knowledge or information and belief 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. Steven WlVoof, Plaintiff Date: r q b RED- S .r" vL ""IF THE 2309 APR 20 PH I : 20 Po Ail l $ } C Cjs asgR V o ?a? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA STEVEN D. WOOF, PLAINTIFF, Civil Action---Divorce Docket No. 08-4952 V. DESIREE C. WOOF, DEFENDANT, PRAECIPE TO WITHDRAW APPEARANCE To the Prothonotary: Please Withdraw my appearance on behalf of mti Steven D. Woof , relative to the. aforementio d matt r. Date: PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance on behalf of Plaintiff, Steven D. Woof, relative to the aforementioned matter. Date qlgvlog Atfo ey for Plaintiff 7, es Main Street Mechanicsburg,_ Pe nsyjvania 17055 Phone: (717) 790-5500 _ v Harrisburg, PA. 17110 Phone: 717-657-7770 OF THE Pr 7, T a x,410 APY 2003 APR 20 PH 1: 20 f I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA STEVEN D. WOOF, PLAINTIFF Movant in Counterclaim VS. DESIREE C. WOOF DEFENDANT Respondent in Counterclaim, Civil Action----Divorce No. 2008-4952 MOTION TO SCHEDULE HEARING ON ALIMONY PENDENTE LITE AND NOW, comes the Plaintiff/Movant, Steven D. Woof by and through his counsel Gregory S. Hazlett, Esquire and requests of the Court that they schedule a hearing on his Petition for Alimony Pendente Lite and avers the following in support thereof. 1. The defendant, movant relative to this action is 301 Chestnut St. Apt. 614, Harrisburg, PA. 17011. 2. The plaintiff is Desiree C. Woof, who currently resides at 9 Creek Road, Camp Hill, PA. 17011. 3. Plaintiff, Steven D. Woof, filed a divorce action in this matter on August 18`", 2008 and an Amended Divorce Complaint on April 20', 2009 wherein he incorporated a Count for Alimony Pendente Lite. 4. Plaintiff, movant requests of the Court that it schedule a hearing regarding the request for Alimony Pendente Lite. .- . . WHEREFORE, Plaintiff, movant by and through his counsel Gregory S. Hazlett, Esquire prays the Honorable Court, schedule a hearing on his request for the award of Alimony Pendente Lite. Dated: 4/27/2009 RESPECTFULLY SUBMITTED, Att ey for PlaintifVMov est Main Street Mechanicsburg, PA. 17055 Phone: (717) 790-5500 Atty. I.D. 69528 OF THc 2003 APR 29 iii 2: 23 ?y 4 rt _` ` 1 (may %6 oeo STEVEN D. WOOF, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-4952 CIVIL TERM DESIREE C. WOOF, IN DIVORCE Defendant/Respondent : PACSES NO: 798110838 ORDER OF COURT AND NOW, this 13th day of May, 2009, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on June 2, 2009 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Gregory S. Hazlett, Esq. Samuel L. Andes, Esq. Date of Order: May 13, 2009 BY THE COURT, Edgar B. Bayley, President Judge R. J. Sh day, APL Coordinator f YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 2009 MAY 13 Pill t„ STEVEN D. WOOF, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-4952 CIVIL TERM DESIREE C. WOOF, IN DIVORCE Defendant/Respondent PACSES CASE: 798110838 ORDER OF COURT AND NOW to wit, this 2nd day of June, 2009, it is hereby Ordered that the Petitioner's request for Alimony Pendente Lite is dismissed, without prejudice, pursuant to the Respondent living in the marital home with the parties' two children. This Order considers a deviation for the first and second mortgage on the marital home that is the obligation of the Respondent. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: rw? t U4 M. L. Ebert, Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent Gregory S. Hazlett, Esq. Samuel L. Andes, Esq. Form OE-001 Service Type: M Worker: 21005 FILED- 2009 .. Ui"I -2 Pill 3. O , i 1. R STEVEN D. WOOF, Plaintiff VS. DESIREE C. WOOF, Defendant } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSTLVAM A , © } CIVIL ACTION 4 n - T z rT, ) NO. 08-4952 7 ;:; > C va IN DIVORCE .J rn r -- K DEFENDANT'S MOTION TO COMPEL AND NOW comes the above-named Defendant by her attorney, Samuel L. Andes, and moves the court for an order to compel Plaintiff to comply with Defendant's discovery requests, based upon the following: 1. The moving party herein is the Defendant. 2. The respondent herein is the Plaintiff. 3. During the marriage, the parties acquired a property at 713 Mohn Street in Enhaut, Dauphin County, Pennsylvania. The property was acquired for the purpose of investment and profit. Title to the property was held in Plaintiff's name alone. 4. After the parties' separation, Plaintiff sold the said property and realized a cash payment for such sale in excess of $91,000.00. 5. To date, Plaintiff has failed to account to Defendant as to what disposition he made of the funds he received from the sale of the said property. 6. Defendant and her attorney have repeatedly requested information about Plaintiff s disposition of the proceeds of the sale, without success. 7. Plaintiff controls other marital assets which Defendant believes may have significant value. To date, Plaintiff has not provided information regarding those assets. 8. On 3 August 2009, Defendant served upon Plaintiff's counsel at that time a Request for Production of Documents. A copy of that Request is attached hereto and marked as Exhibit A. 9. Although Plaintiff did provide a few documents in response to Defendant's Request for Production of August 2009, Plaintiff did not file an answer to that request and did not provide all, or even most, of the documents requested. 10. On 16 October 2009, Defendant served upon Plaintiff's counsel at that time a second Request for Production of Documents requesting additional information regarding the marital assets and the disposition of those assets by Plaintiff. A copy of that second request is attached hereto and marked as Exhibit B. 11. To date, Plaintiff has filed no objections to either Request for Production of Documents served upon Plaintiff by Defendant. 12. To date, Plaintiff has filed no answer and has not provided the documents requested in Defendant's two Requests for Production. 13. Plaintiff s failure and refusal to provide the information which Plaintiff has requested seriously prejudices Defendant's ability to protect her interest in the marital assets or to prepare this case for resolution by negotiation or litigation. 14. No Judge in Cumberland County has previously entered an order in this case. 15. Plaintiff does not concur in the relief requested in this Motion. WHEREFORE, Defendant moves this court to issue an order, directed to the Plaintiff, to compel the Plaintiff to provide all of the documents identified in Defendant's two Requests for Production and to file verified answers to the same, as required by the Rules of Civil Procedure. 4 amue-'e L(I l L. des Attorney for Plaintiff Supreme Court ID 17225 525 North 12`' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Gregory S. Hazlett, Esquire 7 West Main Street Mechanicsburg, Pa 17055 Date: l/ 00 0 j7),-). L ?2?•(?? Amy M. arkins Secretary for Samuel L. Andes EXHIBIT A STEVEN D. WOOF, Plaintiff VS. DESIREE C. WOOF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4952 IN DIVORCE REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS TO: Mr. Steven D. Woof c/o Gregory S. Hazlett, Esquire 7 West Main Street Mechanicsburg, Pa 17055 You are requested, in accordance with Pa. R.C.P. 4009, to deliver to the office of the undersigned at 525 North 12' Street, Lemoyne, Pennsylvania, or otherwise make arrangements reasonably satisfactory to the undersigned, for his inspection or examination, copies of the following documents, articles, and things, within thirty (30) days of the date of this Request. For purposes of this Request, all computer records and information available on computer records or within computer programs, should be included within the Request for Production. That is, this Request is not limited to documents or' hard copies" of records, but should include computer records, tapes, disks, and other media as well as paper documents. 1. Copies of HUD-1 or settlement statements for any real estate in which you have sold and interest at any time since 1 January 2007. 2. Copies of canceled checks or other documents which will confirm expenditures or payments you made from any cash proceeds you received from the sale of any real estate since 1 January 2007. Page 1 of 3 3. Copies of check registries or other listings of checks, drafts, or other disbursements from any checking or other account in any bank, credit union, or other financial institution which will show disbursements made by you from such account or accounts since 1 January 2007. 4. Copies of monthly, quarterly, or other periodic statements from any bank, credit union, stock investment company, mutual fund, or other financial institution showing activity in any account held by you, jointly or individually, or held for your benefit since 1 January 2007. This request specifically includes tax-deferred accounts such as 401 (k) Plans, individual retirement accounts, and the like. 5. Copies of statements from any credit card or other credit account you have used, whether in your name or the name of anyone else, since 1 January 2007. Please provide copies of all statements for all accounts since 1 January 2007. 6. Copies of all bills, invoices, contracts, or other documents which will reflect or confirm any expenditures made by you, including any expenditures for improvement or rehabilitation, for any real estate you have owned since 1 January 2007, specifically including but not limited to, property at 713 Mohn Street in Swatara Township, Dauphin County. Samue. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 Page 2 of 3 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Gregory S. Hazlett, Esquire 7 West Main Street Mechanicsburg, Pa 17055 Date: 3 August 2009 W,- "; Amy ?Parkins retary for Samuel L. Andes Page 3 of 3 EXHIBIT B STEVEN D. WOOF5 Plaintiff vs. DESIREE C. WOOF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4952 IN DIVORCE DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS - Second Set TO: Mr. Steven D. Woof c/o Gregory S. Hazlett, Esquire 7 West Main Street Mechanicsburg, Pa 17055 You are requested, in accordance with Pa. R.C.P. 4009, to deliver to the office of the undersigned at 525 North 12?h Street, Lemoyne, Pennsylvania, or otherwise make arrangements reasonably satisfactory to the undersigned, for his inspection or examination, copies of the following documents, articles, and things, within thirty (30) days of the date of this Request. For purposes of this Request, all computer records and information available on computer records or within computer programs, should be included within the Request for Production. That is, this Request is not limited to documents or "hard copies" of records, but should include computer records, tapes, disks, and other media as well as paper documents. 1. Copies of all checks, bank drafts, or other documents with which you disbursed or expended any of the monies you received from the sale of the property at 713 Mohn Street in Enhaut, Pennsylvania. 2. Copies of bills, statements, invoices, or other documents that confirm the basis for any expenditures you made from the proceeds of the sale of the said property. Page 1 of 3 3. Copies of any contracts, agreements, or other arrangements you had with any third party or entity to work on the said property for which you agreed or became obligated to make payment. 4. Copies of the statements from any checking account or other account with any financial institution into which you deposited any of the funds or proceeds of the sale of the said property. Those statements are requested for the period 1 January 2008 to the present. 5. Copies of letters or any other documents which explain or confirm what disposition you made of any of the proceeds of the sale of the said property from the date of its sale to the present. S i?t?el-L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12"' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 Page 2 of 3 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Gregory S. Hazlett, Esquire 7 West Main Street Mechanicsburg, Pa 17055 Date: 16 October 2009 , Amy M. kips Se etary for Samuel L. Andes Page 3 of 3 JAN 13' "01G STEVEN D. WOOF, Plaintiff VS. DESIREE C. WOOF, Defendant FILE; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4952 IN DIVORCE ORDER OF COURT 'Ch AND NOW this day of 20 10 , upon consideration of Defendant's Motion to Compel, the Plaintiff is hereby ordered and directed to file verified answers to Plaintiff's First and Second Request for Production of Documents and attached thereto copies of the documents requested, all within .? days of the date of service of this Order upon Plaintiff or his attorney. BY THE COURT, Distribution: ,XGregory S. Hazlett, Esquire (Attorney for Plaintiff) 7 West Main Street, Mechanicsburg, PA 17055 Samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12`' Street, Lemoyne, PA 17043 (20,rz , Ex m LCCL ???4//0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA STEVEN D. WOOF, PLAINTIFF, . V. DESIREE C. WOOF, DEFENDANT, Civil Action---Divorce Docket No. 08-4952 2i A GO I ca co Ln PLAINTIFF'S ANSWER TO DEFENDANT'S SECOND MOTION TO COMPEL PRODUCTION OF DOCUMENTS NOW COMES, Plaintiff, Steven D. Woof, by and through his attorney Gregory S. Hazlett, Esquire Answers as hereinafter follows the Defendant's Request for Production of Documents. 1. ADMITTED: 2. ADMITTED: 3. ADMITTED: 4. ADMITTED: However, to lend clarity to this averment the plaintiff, did not realize a profit of $91,000.00 but rather received much less after the payment of requisite expenses to contractors for which he utilized the services of to renovate the property to enhance its salability. 5. ADMITTED IN PART: DENIED IN PART: While it is admitted that the plaintiff has failed to provide the requisite documentation it is denied that he has not made any efforts towards that end, to the extent he had to locate various documents and cancelled checks that required requesting the same from third party providers on transactions that predate the defendants request by several years. 6. ADMITTED: For the reasons as recited in paragraph number 5 above. 7. DENIED: To the contrary the defendant resides in the marital home and has exclusive possession and control thereof and additionally owns and operates a Salon & Day Spa the formation of which, was created with both time and effort by the plaintiff as well as marital funds and/or borrowed funds that emanated from the Helock loans to which the defendant on various occasions utilized by way of plaintiffs' draws from the same to pay employees on at least one, and it is believed more occasions when payroll was insufficient the benefit to which range in the several thousands of dollars. 8. ADMITTED: Plaintiffs attorney did receive the request for production of documents and forwarded them to the plaintiff who was advised to gather the requisite documentation 9. ADMITTED: The plaintiff produced the documents that were readily available to him at the time with the remaining documents being outside the plaintiff s possession and control reliance for the production of which required requests to their party providers. Plaintiffs attorney chose not to answer or object to the requests of the defendant as he concurs with the counsels' request and recognizes the need for this information to aid in a possible settlement of the marital issues and could not readily answer the first Motion to Compel to the extent that plaintiffs counsel would either admit the averments that made the request and respond that the plaintiff is in the process of procuring or deny the same as being unnecessary the latter of which counsel would be misstating his state of mind which was the recognition then and now that the documents were in fact needed to fully adjudicate the issues relative to the distribution of debt and division of marital property. 10. ADMITTED: 11. ADMITTED: Plaintiff s counsel was assured by the plaintiff that such documents would be forthcoming and chose instead to await their arrival and forward the same to the defendant's counsel in compliance with his underlying requests in lieu of spending unnecessary time and plaintiffs money in answering that which counsel anticipated receiving and which is now available to defendant's counsel. 12. ADMITTED: At the date of counsels' second request counsel for plaintiff was not in possession of the requested documents and therefore could not provide that which he did not have. As of the date of this responsive pleading counsel for plaintiff is in possession of such documents and will forward the same forthwith. 13. DENIED: The defendant is in control and physical possession of the majority of the marital assets the disposition of which cannot occur absent mutual agreement or Court Order and as such the defendant is not prejudiced in any respect. r 14. ADMITTED: 15. DENIED: Plaintiff does concur with this request although defendant's counsel rightfully averred that there is no concurrence in that the documents requested were not provided at the time defendant's counsel made his requests and therefore non-concurrence was then an understandable and accurate conclusion. WHEREFORE, plaintiff respectfully requests that the Court accept the foregoing Answers and documentation in response to the defendant's request for the same. Dated: GREGORY S. HAZLETT, ESQUIRE 01 ?? ?.Oz? G re ry S. azWVt ire v A orne or Pla ti /Respondent 7 We Main Street Mechanicsburg, Pennsylvania 17055 Phone: (717) 790-5500 STEVEN D. WOOF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-4952 - o ` DESIREE C. WOOF, CIVIL ACTION - LAW Zm m Mr Defendant IN DIVORCE CID O v PRAECIPE TO WITHDRAW APPEARANCE T' =- TO THE PROTHONOTARY OF SAID COURT: Please withdraw my appearance as attorney for the Plaintiff, Steven Woof, in the I above-captioned action. PRAECIPE TO ENTER APPEARANCE Please enter my appearance as attorney for the Plaintiff, Steven Woof, in the above- I action. Laurie A `Salt?giv r,\Vsquire Attorney I.D. 6138 MEYERS, DESFOR, SALTZGiVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 F ILA 1 -1 r r IwE STEVEN D. WOOF, Plaintiff vs. DESIREE C. WOOF, Defendant 201I JUN -2 AM 11: ? I (,1s PENNS 1L VANA T`r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4952 IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND REQUEST FOR SANCTIONS AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and makes the following Answer to Plaintiff's Motion: 1 through 4. Admitted. 5. Admitted in part and denied in part. It is admitted that wife owns the business, but it is denies that it is the parties' most significant marital asset. 6. Admitted. 7. Admitted with clarification. In addition to the formal Answer and Supplemental Answer, Defendant has, through her attorney, provided other documentation and information to Plaintiff's attorney. 8. Denied. Although it is admitted that Husband's attorney submitted a list of additional items, it is denied that Wife's information was incomplete. Wife provided all of the documents that she had to supply and cannot supply documents that either do no exist or which she does not have. Wife did refuse to provide copies of 1099 Statements and W-2 Statements issued to employees and others who work for the business, because that information is confidential to the persons who received it. 9. Denied as stated. The information which Wife did not supply was the confidential information about compensation paid to people who were employees of or otherwise worked at her business. 10. Admitted. However, the information demanded by Husband's counsel in that letter, with the exception of the confidential compensation information regarding the people who worked for Wife's business, is not available to Wife and she cannot provide it. 11. Wife admits that Husband makes such demand but denies that the demand is proper. If Husband seeks information not in Wife's possession, Husband is free to obtain that information from the bank, the credit card companies, or the other financial institution which had such information. 12. Wife denies that Plaintiff has incurred legal fees reasonably necessary to obtain information from her. The information which Husband claims Wife has failed to produce is available to him through other sources. Wife has produced all of the information she has responsive to Husband's Request. 13. Admitted. 14. Admitted. 15. Admitted. WHEREFORE, Defendant prays this court to deny Plaintiff s Motion and direct Plaintiff to obtain this information from other sources available to him. L. An es Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Laurie A. Saltzgiver, Esquire 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 Date. Amy qlHarkins ecretary for Samuel L. Andes STEVEN D. WOOF, IN THE COURT OF COMMON PLEASm N Plaintiff CUMBERLAND COUNTY, PENNSYJ,*?ANU --1 -rr -T'f VS. NO. 08-4952 cnl-- r , DESIREE C. WOOF, CIVIL ACTION - LAW `S' e' Defendant IN DIVORCE 7- PETITION TO WITHDRAW AS COUNSEL AND NOW, comes the Petitioner, Laurie A. Saltzgiver, Esquire, of Meyers, Desfor, 1 Saltzgiver & Boyle and files the following Petition to Withdraw as Counsel and in support I thereof avers as follows: 1. Petitioner is Laurie A. Saltzgiver, Esquire, of Meyers, Desfor, Saltzgiver & Boyle who is presently counsel of record for Steven D. Woof in the above-captioned action. 12. Respondent is Steven D. Woof, a party in the above- captioned action. 3. Petitioner, Laurie A. Saltzgiver, Esquire, of Meyers, Desfor, Saltzgiver & Boyle, has represented Steven D. Woof pursuant to the above docketed action since January 3, 2011. 14. Steven D. Woof has advised Petitioner that he no longer wants Petitioner to represent him. (See Exhibit "A") j 5. Steven D. Woof has advised Petitioner that he cannot afford to continue to pay Petitioner and does not want Petitioner to continue to represent him. 6. In light of Steven D. Woof's request, Petitioner requests leave to withdraw as counsel for Mr. Woof. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108 (717) 236-9428 - FAX (717) 236-2817 7. Petitioner contacted Defendant's counsel, Samuel Andes, Esquire regarding this Petition. Defendant's counsel has consented to the filing of the within Petition. 8. This matter has previously been assigned to the Honorable M.L. Ebert, Jr. WHEREFORE, Petitioner, Laurie A. Saltzgiver, of Meyers, Desfor, Saltzgiver & Boyle, respectfully requests that this Honorable Court grant her leave to withdraw as counsel for Steven D. Woof. Respectfully submitted, Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 !'1LLV11B,y 1.1-1. VI-J01- STEVEN D. WOOF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-4952 DESIREE C. WOOF, CIVIL ACTION -LAW Defendant IN DIVORCE CONSENT TO WITHDRAW I, Steven D. Woof, hereby consent to the withdrawal of Laurie A. Saltzgiver, Esquire as attorney in the above-referenced action. Dater / v-z Stev oof EXHIBIT M OYLE 410 NORTH SECO "All ARRISBURG, PA 17108 817 STEVEN D. WOOF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-4952 DESIREE C. WOOF, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Laurie A. Saltzgiver, Esquire Attorney for Steven D. Woof in the above-referenced action, hereby certify that on this N Nay of June, 2011, a copy of the Petition to Withdraw I as Counsel was sent by U.S. mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 Steven D. Woof 11 Poplar Street Apt. 2 Wormleysburg, PA 17043 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108 (717) 236-9428 - FAX (717) 236-2817 A-- BY THE COURT: STEVEN D. WOOF, IN THE COURT OF COMMON PLEA' C=) 1 Plaintiff CUMBERLAND COUNTY, PENNS)MATEA ::' ' 'i FY1 ,.? C" 1 O l vs. NO. 08-4952 r l -T1 DESIREE C. WOOF, CIVIL ACTION - LAW Defendant IN DIVORCE 0 ORDER t? AND NOW, this day t 3 of 2011, upon consideration of the within Petition to Withdraw as Counsel, it is hereby Ordered and Decreed that Petitioner, Meyers, Desfor, Saltzgiver & Boyle, be granted leave to withdraw as counsel of record for Steven D. Woof. Distribution: Laurie A. Saltzgiver, Esq., P.O. Box 1062, Harrisburg, PA 17108 Petitioner Samuel L. Andes, Esq., 525 North Twelfth St., Lemoyne, PA 17043 Attorney for Defendant j Steven D. Woof, 11 Poplar Street, Apt. 2, Wormleysburg, PA 17043 Plaintiff 00ples mw?d lol4a MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 - HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 STEVEN D. WOOF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-4952 Ck DESIREE C. WOOF, CIVIL ACTION -LAW Defendant IN DIVORCE Mm ?m N_ - C© o o0 PRAECIPE TO WITHDRAW APPEARANCE -v C Z© tv G ' oiij 2 TO THE PROTHONOTARY OF SAID COURT: 1 Pursuant to the Court Order dated June 13, 2011, please withdraw my appearance as attorney for the Plaintiff, Steven Woof, in the above-captioned action. Respectfully submitted, Laurie A. Saltzive`?, fe Attorney I.D. 61382 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108 (717) 236-9428 - FAX (717) 236-2817 STEVEN D. WOOF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 08-4952 DESIREE C. WOOF, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this Aay of June, 2011, that a copy of the foregoing Praecipe Withdraw Appearance was mailed, first-class, postage prepaid to: Steven D. Woof 11 Poplar Street Apartment 2 Wormleysburg, PA 17043 Steven D. Woof 11 Poplar Street Apartment 2 Wormleysburg, PA 17043 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108 (717) 236-9428 - FAX (717) 236-2817 STEVEN D. WOOF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DESIREE C. WOOF, CIVIL ACTION - LAW Defendant NO. 08-4952 CIVIL TERM C-) ' IN RE: MOTION TO COMPEL DISCOVERY zrn ? rrn 'v AND REQUEST FOR SANCTIONS .?D QC ORDER OF COURT C ? -n XC> t* = -- a M AND NOW, this 8th day of July, 2011, upon --, r. V ? w consideration of Plaintiff's Motion to Compel Discovery and Request for Sanctions and after hearing in the matter, IT IS HEREBY ORDERED AND DIRECTED that the Request for Sanctions is denied. The Defendant will provide the Plaintiff with an authorization which will allow him to access the records of any bank or credit card taken out in her name or her business's name. IT IS FURTHER ORDERED AND DIRECTED that the Defendant shall supply to the Court for an en camera review the information regarding who her employees are, what they are paid, how long they have been in her employ, and any general description of relationship between the employer and employee. By the Court, `Steven D. Woof Owiftj Pro se 60pi6s, ItAl 11 ,/Samuel L. Andes, Esquire DID' For the Defendant lfh STEVEN D. WOOF, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYbVANJA c -, V. C= ,.. r DESIREE C. WOOF, r-j SIF DEFENDANT NO. 08-4952 CIVIL ORDER OF COURT }'M AND NOW, this 21St day of July, 2011, upon examination of the W-2 statements of the employees of Sass Salon Day Spa, LLC, the Court being satisfied that none of the salaries paid to the employees were out of the ordinary; the W-2 statements of each employee are not relevant to the Plaintiff's divorce discovery, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's request for the W-2 statements of the employees of Sass Salon Day Spa, LLC, is DENIED. The Plaintiff will be provided with a copy of the form Rev-1667 Employer Withholding Tax W- 2 Transmittal which provides a reconciliation of the total wages paid by the Salon (see attached). The Court does note for the record that the Salon has paid Scott Hernler $5,662.00 for maintenance services provided for the period 11/4/05 to 7/02/11. Additionally, the Court does note for the record that the Salon has paid Brian Verchick the sum of $12,145.00 for cleaning services provided for the period of 4/09/09 to 7/09/11. By the Court, *k *jk ?4 V - M. L. Ebert, Jr., J. v/Laurie A. Saltzgiver, Esquire Attorney for Plaintiff ?a1 d 0 it 111JAI Samuel Andes, Esquire Attorney for Defendant 61416 bas J 1/14/2011 E-Tides Pennsylvania Business Tax Syst... Rev-1667 MEmployer Withholding Tax W-2 Transmittal Business Name Employer Withholding Tax Account SASS SALON DAY Number =EnD# N) SPA LLC 9245 1637 5 Period StartDate Period End Date Period Due Date 1/1/2010 12/31/2010 1/31/2011 Current Time Tax Period 1/14/2011 9:54:27 AM Tax Year 2010: W-2 lPart I: W-2 Reconciliation f -la Numb r of W- Form a arhPri ??- 36 N-b Number of w-2 s re orted on Ma netic to e s N? 1c Number of 1099 Forms with PA withholdin tax 0 F 27 Total compensation subject to PA withholding tax 360 469.9 8 F ?-- ?-7? 3 PA INCOME TAX WITHHELD 11,066.61 ;Part II: Annual Reconciliation Wages paid subject E to PA withholdin tax PA tax withheld 1st uarter 73,67195 2,261.76 2nd quarter 83,353-131 2,558.99 _ 3rd uarter ?- 90,977.79 ?- 2,799.96 4th Quarter C 112,467.11 3,445.90 Total I 360,469 98 [:_ 11,066.61 Note: The amounts displayed in Part II, Annual Reconciliation by period REFLECT DATA FROM PA-W3s CREATED IN E-TIDES ONLY. They do not represent the amounts of Wages Paid Subject to PA Withholding Tax or PA Personal Income Tax required to be withheld (or actually withheld, if higher). Adjust the amounts of withholding tax for each period to appropriately reflect the wages and tax required to be withheld. Filed By Woof, Desiree Transaction ID Status STEVEN D. WOOF, vs. Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-4952 CIVIL TERM 20 DESIREE C. WOOF, Defendant MOTION FOR APPOINTMENT OF MASTER DESIREE C. WOOF Defendant , moves the court to appoint a master with respect to the following claims: X? Divorce Q Distribution of Property ? Annulment ? Support ? Alimony ?X Counsel Fees ? Alimony Pendente Lite ?X Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The plaintiff t has not appeared in the action (personally) (by his attorney,_ Esquire). 3. The staturory ground (s) for divorce is 3301 (C) of the Divorce Code. C') 4. Delete the inapplicable paragraph (s): A ?X BE] C ? -vW _- a. The action is not contested. Z= b. An agreement has been reached with resnect to the following claims: {D N = r? zo •C? a CD -n c. The action is contested with respect to the following claims: =CD _ 40 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take I days 7. Additional information, if any, relevant to the motion: Date: 08/30/2001 tto y for la Samuel L. Andes Print Name ORDER APPOINTING MASTER p AND NOW f 20/l , r 3:--r ' rn mr is appointed master with respect to the following claims: , `prn Cn o r,.. --s By the Court, ® -p C-> CD -Tj &11Y5' L. • Andes l • ?C-- J. r' C:> J ,x 20'12 MAY -3 AN 8: 52 MMSERLAND cOUNI-Y PENNSYLVANIA STEVEN D. WOOF, Plaintiff VS. DESIREE C. WOOF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4952 } IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 18 August 2008 and served upon the Defendant within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. _ I Dated: E C-WUOFO STEVEN D. WOOF, Plaintiff VS. DESIREE C. WOOF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 4952 CIVIL IN DIVORCE ORDER OF COURT G'1 AND NOW, this Olt4 day of Z , U 2012, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on May 1, 2012, the date set for a Master's hearing, the agreement and stipulation having been transcribed and signed by the parties, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent and waivers of the parties so that a final decree in divorce can be entered. BY THE COURT, 9 -nx,. /,?, - 7- Ke n A. Hess, P. J.' `'-' cc: /Steven D. Woof 7? r _ Plaintiff U,r 4 Samuel L. Andes ` am Attorney for Defendant t-- C-) C ) _ , - , c -=-, - :. STEVEN D. WOOF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08 - 4952 CIVIL DESIREE C. WOOF, Defendant IN DIVORCE THE MASTER: Today is Tuesday, May 1, 2012. This is the date set for a hearing in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Steven D. Woof. Mr. Woof is not represented by counsel. Also present is the Defendant, Desiree C. Woof, and her counsel Samuel L. Andes. This action was commenced by the filing of complaint in divorce on August 18, 2008, raising grounds for divorce of irretrievable breakdown of the marriage. The parties are going to sign affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can conclude under Section 3301(c) of the Domestic Relations Code. The affidavits and waivers will be filed by the Master's office with the Prothonotary's office. The complaint also raised a claim for equitable distribution. Neither party has raised a claim for alimony or counsel fees and expenses. After considerable negotiations and discovery ? o a 0 1 previously done by the parties, the parties today have negotiated an agreement to settle the claim of equitable distribution. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except: for correction of typographical errors which may be made during the transcription. If there are any typographical errors, they will be corrected; however, the substantive terms of the agreement cannot be changed after the parties leave the hearing room today. The parties are going to return later this morning to review the draft of the agreement, make any correction of typographical errors as necessary, and then sign the agreement affirming the terms of settlement as stated on the record. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court. The parties were married on February 21, 2003, and were separated in May 2008. They are the natural of two minor children. Wife has primary custody; husband has rights of partial custody. Mr. Andes. MR. ANDES: The parties have been here for about an hour and a half and we have negotiated. They have 2 had advice from their accountants that they had identified as expert witnesses, and based upon those discussions, they have agreed as follows: 1. The residence at 9 Creek Road in Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania, will be transferred into the sole name of the Defendant, Desiree Woof. Her attorney will prepare a deed and Mr. Woof will execute and deliver that deed within ten (10) days of presentation to him. Wife will be responsible to pay in accordance with its terms the first mortgage owed to Wells Fargo Home Mortgage on which there is a balance owed at this time of approximately $84,500.00 and the second mortgage owed to Sovereign Bank on which there is a a balance at this time of approximately $10,400.00. Wife shall indemnify and save Husband harmless for any costs or expense caused to him by her failure to make those payments in a timely fashion. 2. The property at 9 Creek Road is also subject to a home equity loan owed to Sovereign Bank which was originally taken by husband to finance the purchase and improvements of a property on Mohn Street in Enhaut. The balance owed on that loan at the present time is approximately $77,600.00. The parties agree that they shall each pay one-half of that loan, including principal and interest, by each of them making a payment each month to Sovereign Bank of $200.00 per month. Further, husband shall execute whatever documents, or take whatever action, is required to secure information about the loan to wife from Sovereign Bank. At the present time Sovereign Bank will not release information about the loan to wife because the loan is in husband's name. Husband will undertake action as necessary for Sovereign Bank to provide information to wife as she may request it regarding that loan. 3. The business known as SASS Salon Day Spa, LLC, which is currently owned by wife, is hereby assigned to wife and she shall retain full ownership of it. Husband waives any interest in or claim to the business. Wife shall be responsible to pay the debts and expenses arising out of her ownership or operation of the business including credit card accounts owed by the business or owed in her name with regard to the business. 4. During the marriage husband purchased property on Mohn 3 Street in Enhaut and subsequently sold that property. At the time of the sale he received proceeds, after payment of expenses, of approximately $45,000.00. The parties agree that husband shall retain the proceeds of that sale and wife hereby waives, relinquishes, and releases any interest in or claim to those proceeds. 5. Each of the parties hereby waives all further claims to economic relief including claims which have been raised or could have been raised in the pending divorce action for equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. It is the intention of the parties that this agreement finally resolves all economic claims between them. 6. 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. THE MASTER: Mr. Woof, you've heard the statement of the agreement on the record? MR. WOOF: Yes, I have. THE MASTER: Do you have any questions about the agreement as stated on the record? MR. WOOF: No, I do not. THE MASTER: Do you agree to the terms of the settlement that has been placed on the record? MR. WOOF: Yes, I do. 4 THE MASTER: You understand that when you leave here today, the hearing room, you are bound by the terms even though you haven't subsequently sign and affirmed the terms of the agreement after it has been transcribed? MR. WOOF: Yes, I am. MR. ANDES: Mrs. Woof, you've heard the agreement? MRS. WOOF: Yes. MR. ANDES: We've been at this for several years. We've exchanged a lot of financial information. Are you satisfied that you have enough information to enter into this agreement voluntarily? MRS. WOOF: Yes. MR. ANDES: the agreement as I have di MRS. WOOF: MR. ANDES: do to resolve the case? MRS. WOOF: MR. ANDES: you wish to raise or would have not resolved today? MRS. WOOF: MR. ANDES: of any drugs or medication Do you have any questions about stated it? No. Is that what you are willing to Yes. Are there any other claims that have raised in this case that we No. Are you under the influence today that would influence your 5 thinking? MRS. WOOF: No. MR. ANDES: And have you had ample opportunity to consult with me about the matters? MRS. WOOF: Yes. MR. ANDES: I just have a few questions for Mr. Woof. You've been represented by attorneys in this past but you are not represented today? MR. WOOF: Yes. MR. ANDES: Are you satisfied that the information that you've had up until now is sufficient for you to enter in this agreement voluntarily? MR. WOOF: Yes. MR. ANDES: And do you enter into it of your own free will? MR. WOOF: Yes. MR. ANDES: And you had an opportunity to consult today with your expert witness Mr. Coffman; is there there any other information you would need today to enter into this agreement that you didn't have? MR. WOOF: No. 6 MR. ANDES: Are you under the influence of any drugs or medication today that would affect your thinking? MR. WOOF: No. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: S`Fe-vexr:??- . Woof Samuel L. Andes sir e C. f Attorney for Defendant 7 L. LR T(f 2082 JUL I I All I1: 13 CUMBERLAND CoLiNI-1, PENNSYLVANIA STEVEN D. WOOF, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW DESIREE C. WOOF, NO. 2008-4952 ) Defendant ) IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 18 August 2008 and served upon the Defendant within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of ntentic to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, 1 wyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: STEVEN D. W F STEVEN D. WOOF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. DESIREE C. WOOF, CIVIL DIVISION NO. 2008-4952 CIVIL TERM PRAECIPE TO TRANSMIT RECORD Cz To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a dire decree: 1. Ground for divorce:" 3 11F ?-T; 7 Irretrievable breakdown under § (3301(c)) and C § (3301(d)(1)) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: ACCEPTANCE OF SERVICE OF DIVORCE COMPLAINT FILED ON SEPTEMBER 18, 2008 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff 22 JUNE 2012 ; by defendant 1 MAY 2012 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: 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: (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: 22 JUNE 2012 AND FILED CONTEMPORANEOUS HEREWITH Date defendant's Waiver of Notice was filed with the Prothonotary: 1 MAY 2012 AND FILED 1 MAY 2012 Attorney laintif e STEVEN D. WOOF V. DESIREE C. WOOF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI, NO. 2008-4952 DIVORCE DECREE AND NOW, -SAV 11 °-k 3' u 10 Z , it is ordered and decreed that STEVEN D. WOOF , plaintiff, and DESIREE C. WOOF , 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.") NONE By the Court, Attest: J. Prothonotary 7-/8• r; • dii. eql Alvl?e et Cary lvalzAyl 706 ,#OiZecl J0 ?i???