HomeMy WebLinkAbout09-3813J
NATHAN C. WOLF, ESQUIRE
ATTORNEY M NO. 87380
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
PAUL J. ESWORTHY,
Plaintiff
V.
PAMALA K. ESWORTHY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2009 - 3 T/3 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 prompt action. You are warned that if you fail to do so, the case may proceed
without you and a decree in divorce or annulment may be entered against you by the court. A judgment
may also be entered against you for any other claim or relief requested in these papers by the plaintiff.
You may lose money or property or other rights important to you, including custody or visitation of your
children.
When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may
request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary,
Cumberland County Courthouse, Carlisle, Pennsylvania 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
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166
J
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 7414436
ATTORNEY FOR PLAINTIFF
PAUL J. ESWORTHY,
Plaintiff
V.
PAMALA B. ESWORTHY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2009 - 3 9'13 CIVIL TERM
: IN DIVORCE
COMPLAINT IN DIVORCE PURSUANT TO
SECTION 3301(C) OF THE DIVORCE CODE
NOW, comes the plaintiff and files this complaint in divorce against the defendant, representing
as follows:
1. The plaintiff is Paul J. Esworthy, an adult individual with a mailing address of 275 Cumberland
Parkway, Box 164, Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. The defendant is Pamala K. Esworthy, an adult individual with a mailing address of 100
Pennsylvania Avenue, Carlisle, Cumberland County, Pennsylvania 17013.
3. The plaintiff and defendant have been residents of the Commonwealth of Pennsylvania at least
six months prior to the filing of this action in divorce.
4. The parties were married on April 29, 1983, in Mechanicsburg, Pennsylvania.
5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which
this action is based that the marriage between the parties is irretrievably broken.
6. The plaintiff avers that he has been advised of the availability of counseling and that said party
has the right to request that the court require the parties to participate in counseling.
WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties
and for such further relief as this Honorable Court may deem equitable and just.
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. Section 4904, relating to unworn
falsification to authorities.
-9,2009
Paul J. E worthy, Plaintiff
WOLF & WOLF, Attorneys at Law
2009
v C. WOLF, ESQUIRE
Court ID #87380
10 West High Street
Carlisle, Pennsylvania 17013
(717) 241-4436
Attorney for Plaintiff
BLED- FF CE
OF THE P OTW) OTARY
2009 JUN -9 Pty 4, 18
"' -ju IN TY
PENNSYLVANIA
33?•.S'O tea..
T
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 97380
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 2414436
ATTORNEY FOR PLAINTIFF
PAUL J. ESWORTHY,
Plaintiff
V.
PAMALA K. ESWORTHY,
Defendant
: IN THE COURT OF COMMON PLEA! S OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO.2009 - G3 CIVIL TERM
: IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The plaintiff, being duly sworn according to law, deposes and says:
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 Prothonotary's
Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I participate in
counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit 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 unworn
falsification to authorities.
2009
Paul J. Esworthy, Plaintiff
FLED--()'rrIC
OF THE PRO-knNIOTARY
2009 JUN 10 PM 2: 32
VLtP IC_?; i r° ; J t-; ! !NTY
Pr-NN' LV ,'.` A
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 141-4436
ATTORNEY FOR PLAINTIFF
PAUL J. ESWORTHY,
Plaintiff
V.
PAMALA K. ESWORTHY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2009 - -3 PJ CIVIL TERM
: IN DIVORCE
ACCEPTANCE OF SERVICE
I, PAMALA K. ESWORTHY, certify that I am the defendant in this matter. Furthermore, I
hereby certify that on 3 y A Q?, 2009, I received a certified copy of the divorce complaint
filed in this action.
l e I I" U l , 2009
PAMALA K. ESWORTHY
Defendant
FLED ;: - ;
DF Thr
2 0 0 9 ,#: r1 19 Ph 12. 2
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
PAUL J. ESWORTHY,
Plaintiff
V.
PAMALA K. ESWORTHY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 2009 - 381.3 CIVIL TERM
: IN DIVORCE
DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT
The defendant, being duly sworn according to law, deposes and says:
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 Prothonotary's
Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I participate in
counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit 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.
2009
PAMALA K. ESWORTHY, Defeo t
F°LE41 !Wti
OF THE
2004 JJ'li 19 Pi 12: G 1
/ fem.
A
PAUL J. ESWORTHY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION-LAW
PAMALA K. ESWORTHY, : NO. 2009—3813 CIVIL TERM C::
-V
Defendant : IN DIVORCE rnm a
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PRAECIPE FOR WITHDRAW OFD CD-11
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COUNSEL OF RECORD
5�7,!
TO THE PROTHONOTARY:
Please withdraw the appearance of Nathan C.Wolf,Esquire,as attorney of record for
Plaintiff,Paul J. Esworthy,in this matter.
May 4,2013
atharc,*Olf,Esquire
WOLPL&`WOLF
10 West High Street
Carlisle, PA 17013
717-241-4436
SUPREME COURT ID #87380
May t'y,,2013
Paul J. Esworthy, Pro Se
704 Hogestown Road
Mechanicsburg,PA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA C-) =�
Paul J Esworthy
V.
Pamala K Esworthy NO. 2009-3813
PETITION FOR ENFORCEMENT OF DIVORCE DECREE:
I, Paul Esworthy, am appearing pro se. I am petitioning the court to enforce the divorce decree entered
on 10 September 2009. The respondent, Pamala Esworthy, has not complied with the orders of the
honorable court in the following manner:
1. Motor Vehicles—The Wife, Pamala Esworthy, hereby agrees to cooperate to transfer title to a
1986 D-150 Dodge truck to Paul Esworthy and shall release to Husband, Paul Esworthy, any
interest within. The title to the Dodge truck shall be transferred to the Husband, Paul Esworthy,
within 30 days of the execution of this agreement.
a. Pamala Esworthy did not cooperate with this order. Pamala sold this truck and received
an unknown amount of money for this truck. The blue book value for the 1993 version
of this truck in Fair condition with 100,000 miles is$2,133.00.
2. Motor Vehicles—The Husband, Paul Esworthy, hereby releases any interest in a 2003
Volkswagen Beetle and shall cooperate in the completion of any documents necessary to
transfer his right and title to the same to Wife, Pamala Esworthy. Wife, Pamala Esworthy, shall
use reasonable efforts to refinance the obligation on her Volkswagen within 90 days of the
execution of this agreement.
a. Pamala Esworthy did not make any attempt to refinance this vehicle. Paul Esworthy had
made attempts to have the title transferred and Pamala Esworthy refused all attempts.
In addition,this vehicle was repossessed on October 2, 2010. Paul Esworthy was
notified of the repossession after it happened. On August 14, 2012, Paul Esworthy was
notified of the debt that was to be collected as a result of the repossession. This debt
amount was$4350.84. Paul Esworthy paid the debt in full on September 25, 2012, in
the amount of$3485.00. As a result of the debt collected, a tax was assessed for the
year 2012 in the approximate amount of$2800.00.
In addition, Nathan Wolfe, divorce attorney, sent her letters at her three known possible addresses on
November 19, 2012 indicating that Paul Esworthy was attempting to enforce the divorce decree. This
letter explains that Paul Esworthy requests to have all due monies repaid to him. An attempt to resolve
the issue included getting the title to house, that Pamala Esworthy was currently residing in,transferred
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into her name, per the divorce decree. After the title transfer, Paul Esworthy had intent to place a lien
on the house for the monies due, if Pamala Esworthy did not agree to pay him back. All attempts in this
letter were futile. In October 2012, Pamala Esworthy was able to get the title transferred into her own
name and sell it to a third party. Paul Esworthy contacted the State Police to investigate how she was
able to obtain a title in her own name,without the consent of Paul Esworthy. Trooper Hurley indicated
to Paul Esworthy that Pamala Esworthy did not violate the law.
Nathan Wolfe is no longer representing Paul Esworthy and has signed a Praecipe For Withdraw on
Counsel of Record.
Paul Esworthy asks the court to issue an order for compliance together with any fees,costs, and
penalties as the honorable court deems just for his pursuit of this petition.
Paul Esworthy Date
704 Hogestown Rd.
Mechanicsburg, PA 17050
Phone: 717-713-1368
Certificate of Service
Pamala K Esworthy
112 Lilli Circle
Lot 7
Swansboro, NC 28584
Phone: 717-713-8451
Date mailed: 29 May 2013
Paul Esworthy
PAUL J. ESWORTHY, IN THE COURT OF COMMON PLEAS OF
PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA
V.
PAMALA K. ESWORTHY,
RESPONDENT 09-3813 CIVIL TERM
ORDER OF COURT
q
AND NOW, this day of June, 2013, upon consideration of the
Petition for Enforcement of Divorce Decree, a Rule is issued on Pamala K. Esworthy to
show cause why the relief requested should not be granted. Rule is returnable twenty-
one (21) days after service by Petitioner. Petitioner shall provide proof of service.
By the Court,
Albert H. Masland, J.
Paul Esworthy
704 Hogestown Road
Mechanicsburg, PA 17050
,,,-'Pamela K. Esworthy
112 Lilli Circle, Lot 7
Swansboro, NC 28584
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PAUL J. ESWORTHY, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
PAMALA K. ESWORTHY,
DEFENDANT 09-3813 CIVIL TERM
ORDER OF COURT
AND NOW, this day of June, 2013, upon consideration of
Plaintiff's Petition for Enforcement of Divorce Decree and the Answer filed thereto, the
court finds it necessary to hold a hearing on the issues because the parties' self-
represented filings fail to clarify the issues. Therefore, the court will hear testimony and
argument on the 22nd day of July, 2013, at 2:30 p.m., in Courtroom Number 1.
Defendant may appear via telephone by contacting the court in advance at (717) 240-
6294 and providing a number at which she can be reached.
By the Court,
Albert H. Maslan
✓ Paul Esworth Y, Pro se
704 Hogestown Road
Mechanicsburg, PA 17050
�amela K. Esworthy, Pro se
112 Lilli Circle, Lot 7
Swansboro, NC 28584
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PAUL J. ESWORTHY, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
•
PAMALA K. ESWORTHY, •
DEFENDANT : 09-3813 CIVIL TERM
ORDER OF COURT
AND NOW, this i l day of July, 2013, upon consideration of
Plaintiff's Petition for Enforcement of Divorce Decree, Defendant's Answer and the
testimony of the parties presented on July 22, 2013, we find that Plaintiff has proven the
Defendant's partial breach of the Marriage Settlement Agreement which was
incorporated into the Divorce Decree of October 14, 2009. Therefore, we ORDER AND
DIRECT as follows:
1. Defendant shall pay Plaintiff the sum of$3,485.00 because of her failure to
properly refinance her obligation on the 2006 Volkswagen, Beetle, pursuant to
paragraph 6(B)(1) which resulted in Plaintiff incurring a loss in the aforesaid
amount.
2. Because the value of the 1986 D150 Dodge truck was de minimis, and
because Plaintiff failed to pursue his interest in said truck, Plaintiff is granted
no relief with respect to said vehicle.
By the Court,
c
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Albert H. Masla d, J.
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1Paul Esworthy, Pro se
704 Hogestown Road
Mechanicsburg, PA 17050
/Pamala K. Esworthy, Pro se
112 Lilli Circle, Lot 7
Swansboro, NC 28584
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Paul J Esworthy •
•
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Pamala K Esworthy : NO. 09-3813 Civil Term = `=
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PETITION FOR ENFORCEMENT OF ORDER OF COURT DATED 29 JULY 2013:
I, Paul Esworthy,am appearing pro se. I am petitioning the court to enforce the Order of the Court dated 29 July 2013.
The respondent, Pamala Esworthy, has not complied with the Order and Direct by Judge Masland in the following
matter:
1. Defendant(Pamala Esworthy) shall pay Plaintiff(Paul Esworthy)the sum of$3,485.00 because of her failure to
properly refinance her obligation on the 2006 Volkswagen Beetle, pursuant to paragraph 6(B)(1)which resulted
in Plaintiff incurring a loss in the aforesaid amount. Pamala has not complied with this order.
a. I sent Pamala a certified letter as I had not heard from her about repayment. The letter was sent on
August 14, 2013, 16 days after the Order of the Court was received. I explained that I had not heard
from her on the repayment, so I was sending this letter of my expectation. I have attached a copy of the
certified letter sent to Pamala. I asked for the repayment in 30 days from the date of the letter,
September 14, 2013. I still have not heard anything from Pamala related to the repayment, hence the
purpose of this petition.
2. I would like to additionally like to revisit and/or ask for the amounts I am out due to the non-compliance from
the divorce decree about the 2006 Volkswagen Beetle. Pamala Esworthy did not make any attempt to refinance
this vehicle. I made attempts to have the title transferred and Pamala Esworthy refused all attempts. In
addition,this vehicle was repossessed on October 2, 2010. I was notified of the repossession after it happened.
On August 14, 2012, I was notified of the debt that was to be collected as a result of the repossession. This debt
amount was$4350.84. I paid the debt in full on September 25, 2012, in the amount of$3485.00. As a result of
the debt collected, a tax was assessed for the year 2012 in the approximate amount of$2800.00. I would like to
be made whole,so I am asking to be repaid the tax money as well as the damages that have been made to my
credit due to the repossession. I would like to ask for an additional$4,000.00 for the taxes and the damage to
my credit.
3. I would also like to revisit the 1986 D-150 Dodge Truck. Pamala Esworthy non-compliant with the Divorce
Decree on this matter as well. Pamala sold this truck and received an unknown amount of money for this truck.
The blue book value for the 1993 version of this truck in Fair condition with 100,000 miles is$2,133.00. I know
that in the Order Of Court dated 29 July 2013 it states that I failed to pursue my interest in said truck, I was
granted no relief with respect to this vehicle. However, as Pamala has done with this last Order of the Court,
this is what I dealt with in regards to the truck. I tried to reach out to her and try to get resolution only to be
harassed by phone calls about how Pamala does not "owe" me anything, or she does nothing. The truck was
sold out from under me, without me knowing it. As stated before, I attempted by going to the house and
subjecting myself to her ranting, to find resolution to the truck issue,to no avail. I am asking for the book value
of the truck she sold, $2, 133.00
Pamala is not an easy person to deal with in these types of matters. Pamala has been the barrier through this whole
process. I have attempted multiple times to find resolution to these issues only to be harassed by incessant phone calls,
ranting, and down-right refusal to comply with the court order.
I am asking for her to be held accountable for her actions. This is the second court order that she has not complied with.
I am asking specifically for:
1. The full amount as outlined above, $9,618.00 to encompass the Volkswagen Beetle and all that I am out as a
result of her non-compliance and the blue book value of the truck as a result of her non-compliance.
2. A deadline that she must adhere to in response to this petition.
3. Consequences for breaching multiple court orders. I would like to see a garnishment in whatever income she
has coming in or some type of jail time. I do not want to drag this on. As stated before, I would like her to be
held accountable for her actions in her non-compliance in two different court orders.
I ask the court to issue an order for compliance together with any fees, costs, and penalties as the honorable court
deems just for his pursuit of this petition.
2"—/ 13
Paul Esworthy Date
704 Hogestown Rd.
Mechanicsburg, PA 17050
Phone: 717-713-1368
8/14/2013
S.•
Esworthy, Paul
704 Hogestown Rd
Mechanicsburg, PA 17050
Pamala Esworthy
112 Li lli Circle Lot 7
Swansboro, NC 28584
To Pamala:
I am writing to you in response to the Order of the Court dated 29 July 2013. Judge Masland
had ordered and directed you to pay me the sum of$3,485.00 because of your failure to
properly refinance your obligation on the 2006 Volkswagen Beetle, pursuant to paragraph
6(B)(1) which resulted in a loss in the aforesaid amount for me.
As I have not heard from you regarding your payment,I am reaching out to you. Please send a
cashier's check or money order made out to me in the full amount, $3,485.00, within 30 days of
this letter,by September 14, 2013.
Sincerely,
'713, lb*
Esworthy, Paul
704 Hogestown Rd
Mechanicsburg, PA 17050
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PAUL J. ESWORTHY, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
PAMALA K. ESWORTHY,
DEFENDANT 09-3813 CIVIL TERM
ORDER OF COURT
AND NOW, this day of September, 2013, upon consideration
of Plaintiff's Petition for Enforcement of Order of Court dated 29 July 2013, we ORDER
AND DIRECT as follows:
1. It appearing that Defendant has failed to pay Plaintiff the sum of$3,485.00 as
she was directed to do in our order of July 29, 2013 we DIRECT her to make
payment within thirty (30) days of the date of this order.
2. Plaintiff's request in his Petition that we "revisit" other issues that were
previously litigated, is DENIED.
By the Court,
Alb H. Maslan , J.
�ul Esworthy, Pro se
704 Hogestown Road
Mechanicsburg, PA 17050
�mala K. Esworthy, Pro se
112 Lilli Circle, Lot 7 �=
Swansboro, NC 28584 rrn C/>
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: IN THE COURT OF COMMON PLEAS OF
I ��
: CUMBERLAND COUNTY, PENNSYLVPI
.1L113-0r,RQTONQTf�'<
Paul J Esworthy • 2014 JAN 23 PM 37
•
Qu ERLANE3 COUNTY
V, FtiNSYLVANIA
Pamala K Esworthy : NO. 09-3813 CIVIL TERM
PETITION FOR ENFORCEMENT OF ORDER OF COURT DATED 26 SEPTEMBER 2013:
I, Paul Esworthy,am appearing pro se. I am petitioning the court to enforce the Order of the Court dated 26 September
2013. The respondent, Pamala Esworthy, has not complied with the order and direct by Judge Masland in the following
manner:
1. Defendant has failed to pay the Plaintiff the sum of$3,485.00 within the 30 days of the date of the order given
on 26 September 2013.
2. Again, I would like to revisit the damages I incurred at the lack of response by the Defendant in the Volkswagen
Beetle and the 1986 D-150 Dodge truck. I would like to be made whole as the Defendant has broken three
separate court orders related to these two vehicles. The dollar amount I am asking to revisit is a result of
Pamala's lack of correspondence when attempt was made on my part to reconcile these two vehicles. I
respectfully am requesting an additional$6,133.00 to make this happen.
As stated before, Pamala is not an easy person to deal with. She has a history of non-compliance to court orders as well
as making no attempt on her part to correspond with me regarding each court order. I have attempted to settle these
matters through lawyers and the court system,to no avail. Now three different court orders have been breached by
Pamala Esworthy. I grow concerned that consequences will not be given by the court as this is my third petition
regarding this matter. I continue to revisit the monies I am out as a result of Pamala's lack of willingness to comply. I
have reached out to Pamala on multiple occasions since the first court order(divorce decree)to ensure that I receive
what was agreed upon and ordered by the court,the Beetle to be refinanced in her name and the truck to be put in my
name. Pamala has not once been willing to have an adult conversation with me regarding this matter. Pamala is
continuing her lack of compliance and immaturity with each court order, as shown each time she does nothing when the
court orders her to do so.
I am again asking for her to be held accountable for her lack of compliance. I am specifically asking for:
1. The full amount of$9,618.00 to make me whole. This encompasses the three court orders that she has
breached on the motor vehicle situation.
2. The deadline imposed by Judge Masland has long passed; she has been given ample opportunity to make
contact regarding this situation.
3. Again, I am asking for garnishment of wages or some type of jail time. As stated before, Pamala needs to be
held accountable for her actions, or lack thereof, in this matter. A deadline was given be Judge Masland in the
order dated 26 September 2013, consequences should be given, as she breached a court order for the third
time.
•
Paul Esworthy asks the court to issue an order for compliance together with any fees, costs, and penalties as the
honorable court deems just for his pursuit of this petition.
/—e-3 — ‘,/
Paul Esworthy Date
704 Hogestown Rd.
Mechanicsburg, PA 17050
Phone: 717-713-1368
PAUL J. ESWORTHY, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENR SYWAf A
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PAMALA K. ESWORTHY, • -<r' -' ,
DEFENDANT : 09-3813 CIVIL TERM < =
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ORDER OF COURT
AND NOW, this l S day of January, 2014, upon consideration of
Plaintiffs Petition for Enforcement of Order of Court dated September 26, 2013, we
schedule a hearing for the 12th day of March, 2014, at 1:30 p.m., at which time the court
will hear and consider evidence regarding Defendant's alleged contempt of the
aforesaid order of court. The self-represented parties are advised that pursuant to 23
Pa.C.S. Section 3503(e), in order to effect compliance with our order, the court may:
1. enter judgment;
2. authorize the taking and seizure of the goods and chattels and collection of
the rents and profits of the real and personal, tangible and intangible property
of the party;
3. award interest on unpaid installments;
4. order and direct the transfer or sale of any property required in order to
comply with the court's order;
5. require security to insure future payments in compliance with the court's
order;
6. issue attachment proceedings, directed to the sheriff or other proper officer of
the county, directing that the person named as having failed to comply with
the court order be brought before the court, at such time as the court may
direct. If the court finds, after hearing, that the person willfully failed to comply
with the court order, it may deem the person in civil contempt of court and, in
its discretion, make an appropriate order, including, but not limited to,
commitment of the person to the county jail for a period not to exceed six
months;
7. award counsel fees and costs;
8. attach wages; or
9. find the party in contempt.
By the Court,
Albert H. Masland, J.
Paul Esworthy, Pro se
704 Hogestown Road
Mechanicsburg, PA 17050
Xamala K. Esworthy, Pro se
112 Lilli Circle, Lot 7
Swansboro, NC 28584
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PAUL J. ESWORTHY, • IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V. •
PAMALA K. ESWORTHY, •
DEFENDANT • 09-3813 CIVIL TERM
ORDER OF COURT
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AND NOW, this day of March, 2014, following a hearing on
Plaintiff's Petition for Enforcement of Order of Court at which the Defendant failed to
appear, pursuant to 23 Pa.C.S. Section 3503(e), we enter judgment for Plaintiff in the
amount of$3,485.00 plus interest at the judgment rate from October 26, 2013.
Furthermore, we find that the Defendant has willfully failed to comply with our order of
court of September 26, 2013 and consequently find her in contempt.
By the Court,
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Albert H. Maslan•, J.
'� Paul Esworthy, Pro se
704 Hogestown Road
Mechanicsburg, PA 17050
✓ Pamala K. Esworthy, Pro se
112 Lilli Circle, Lot 7
Swansboro, NC 28584
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