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HomeMy WebLinkAbout06-11501 4) Judith A. Wolfe, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Wilson L. Wolfe, Jr., Defendant : NO&r CIVIL TERM 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 ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Judith A. Wolfe, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Wilson L. Wolfe, Jr., Defendant : NO.CX> - //5 CIVIL TERM DIVORCE COMPLAINT WITH EQUITABLE DISTRIBUTION COUNT The plaintiff, Ms. Judith A. Wolfe, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce and equitable distribution: COUNT ONE DIVORCE UNDER 23 Pa.C.S. M3301(a)(6) AND 3301(c) AND 3301(d) OF THE Plaintiff is Ms. Judith A. Wolfe, who currently resides at 6027 William Drive Mechanicsburg, PA 17050, Cumberland County, since December 21, 2005. 2. 4. 8. 9. Defendant is Mr. Wilson L. Wolfe, Jr., who currently resides at 1291 South 28th Street Apt. 612, Harrisburg, PA 17111, Dauphin County, since 1997. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint. Plaintiff and Defendant were married on August 31, 1963 in Harrisburg, Dauphin County, Pennsylvania. Plaintiff and Defendant have lived separate and apart since approximately December 21, 2005. There have been no prior actions for divorce or for annulment between the parties. The marriage is irretrievably broken. Defendant has offered such indignities to plaintiff, an injured and innocent spouse, as to render her condition intolerable and life burdensome. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the court to enter a decree of divorce dissolving the marriage. COUNT II EQUITABLE DISTRIBUTION 10. Plaintiff repeats and realleges paragraphs one through nine. 11. Plaintiff and Defendant have acquired property during their marriage, including, but not limited to, two 1969 Pontiac GTO automobiles. WHEREFORE, Plaintiff requests the court to enter a decree dividing the property equitably between the parties and such relief as the court deems just. Respectfully Submitted, DATE Sarah L. Rubright Certified Legal Intern ROBE PT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date ?jj - 3 C Plaintiff M. Judith A. Wolfe ?' , ?" _?, 1. !Y? \. ?..,^ ? C?, l j1 x.i Judith A. Wolfe, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Wilson L. Wolfe, Jr., Defendant. NOL'(-- ?15a CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Judith A. Wolfe, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Respectfully submitted, fay 11 Of K,? ?n h Sarah L. Rubright Certified Legal Intern OBER RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 t: Judith A. Wolfe, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Wilson L. Wolfe, Jr., Defendant : NO. 06 - 1150 CIVIL TERM CERTIFICATE OF SERVICE I, Sarah L. Rubright, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Divorce Complaint on Wilson L. Wolfe, Jr. , residing at 1291 South 28`h Street Apartment 612, Harrisburg, Pennsylvania, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Wilson L. Wolfe, Jr., on the 6th day of March 2006 as evidenced by the attached green card. Sarah L Rubright Certified Legal Intern ':A Lu y o ston-Walsh, Esq. Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ¦ Complete items 1, 2, and 3. Also complete A. Signature Item 4 if Restricted Delivery is desired. I 1 ' 0 ? Agent ¦ Print your name and address on the reverse X W ?at•? ? ,, ? Addresses so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, B. Received by (Printed Na e) J C. Date of Delivery or on the front if space permits. „ 4Sa N v 1. Article Addressed D. Is delivery address different from Rem 1? ? Yes If YES, enter delivery address below: @ No Gva-o? N,- z-, E?/4i ii . 1/aI 9.1 , '40"e' age s ~9 /? 11 3. Service Type Ale?11111111C271 0,'9 170 s n ?Iff Certified Mail ? Express Man ? Registered A Return Receipt for Merchandise ? Insured Mall 13 C.O.D. 4. Restricted Delivery? (Extra Fee) ' Yes 2. Article Number (Transfer from service Zabel) 7 eo,$ e' S I'O 0-<Z3 -'?6,.33 n/a n PS Form 3811, February 2004 Domestic Return Receipt 102595-02W-1540 C? r- T? rv q (? rn -l ; _r) rT7 Lr' '< Judith A. Wolfe, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Wilson L. Wolfe, Jr., Defendant : NO. 06- 1150 CIVIL TERM INVENTORY OF JUDITH WOLFE Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct, to the best of her knowledge, information, and belief. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Plaintiff ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. ( ) 1. Real Property (X) 2. Motor Vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit (X) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts (X) 9. Life insurance policies ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventories, royalties ( ) 14. Personal property outside the home ( ) 15. Business ( ) 16. Employment termination benefits - severance pay, ( ) 17. Profit sharing plans ( ) 18. Pension plans ( ) 19. Retirement plans, Individual Retirement Accounts (X) 20. Disability payments ( ) 21. Litigation claims ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (X) 26. Other worker's compensation claim/award MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Number Of Property 2 Two 1969 Pontiac GTO's 2 1990/1 Ford Bronco 5 25 26 Payout from Wal-Mart Profit Sharing 401K, $11,330.80 See attached list Cemetery lots at Woodlawn Memorial Gardens Names Of All Owners Wilson L. Wolfe, Jr. Wilson L. Wolfe, Jr. Judith A. Wolfe Judith A. Wolfe, Wilson L. Wolfe, Jr. Judith A. Wolfe, Wilson L. Wolfe, Jr. 2 PROPERTY TRANSFERRED Item Description Date Of Person To Whom Number of Property Transfer Consideration Transferred LIABILITIES Item Description Names Of Names Of Number of Property All Creditors All Debtors 3 NONMARITAL PROPERTY Item Number 5 9 20 Description Reason For Exclusion of Property Owner from Marital Property Payout from trust, $18,000 Wilson L. Wolfe, Jr. Received after separation Life Insurance Policy Judith A. Wolfe Face Value: $1090.23 Cash Surrender Value: $3010.78 Current Beneficiary: George and Mary King Social Security Disability Judith A. Wolfe Insurance payments Purchased before marriage Benefits intended to compensate for lost earning capacity Plaintiff reserves the right to correct and/or supplement this Inventory to the extent that she acquires additional information regarding assets and/or liabilities. 4 .l HOUSEHOLD FURNISHINGS AND PERSONALTY 4 Poster double bed - Cherry Dresser with mirror - Cherry Nightstand with 2 drawers - Cherry Small white stand with 3 drawers Oval dining room table with 5 chairs Living room couch 2 swivel rocker recliners (blue) 2 end tables - maple 1 coffee table - maple 2 table lights 1 floor lamp - brass with glass table 2 five shelf corner unit 1 five shelf stand 1 microwave cart Entertainment center 21" Magnavox portable TV 1 stereo boom box (Sony) 1 Bookcase - oak finish 2 Microwaves Cardinal Collection Water balls Photo books Tape cassettes/discs Christmas Ornaments Radio 2 Bath towel sets Kitchen Dish Towels Sunbeam Stand Mixer (75`h Anniversary Edition) 5 c Judith A. Wolfe, Plaintiff V. Wilson L. Wolfe, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE NO. 06 - 1150 CIVIL TERM CERTIFICATE OF SERVICE I, Jessica D. Woodman-Hardy, Certified Legal Intern, Family Law Clinic, do hereby certify that on this 6th day of February, 2007, I served a true and correct copy of the foregoing Inventory of Judith Wolfe via regular U.S. First Class mail, postage prepaid, addressed as follows: Wilson L. Wolfe 1291 South 28th Street Apt. 612 Harrisburg, PA 17111 ssica D. Woodman-Hardy ertified Legal Intern A ACDONALD-FOX MEGAN RIESMEYER LUCY JOHNSTON-WALSH THOMAS PLACE ROBERT RAINS Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 - tom: rt G3 -a Fn x? p ? ? n Judith A. Wolfe, Plaintiff V. Wilson L. Wolfe, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE : No. 06 - 1150 CIVIL TERM MOTION FOR DEFENDANT TO DISCLOSE LOCATION OF VEHICLES AND FACILITATE INSPECTION AND PHOTOGRAPHING OF VEHICLES IN HIS POSSESSION NOW COMES the Plaintiff, Judith A. Wolfe, through her attorneys, the Family Law Clinic and states the following: 1. Plaintiff filed a Divorce Complaint with a count for Equitable Distribution with this Honorable Court on February 28, 2006. 2. Defendant is proceeding Pro Se in this action. 3. During the course of the marriage, Defendant purchased two (2) 1969 Pontiac GTO vehicles which are currently in his possession. 4. During the course of the marriage these vehicles were garaged and kept in anticipation of selling them when the couple needed retirement income. 5. In an effort to resolve the Equitable Distribution claim Plaintiff's attorneys, the Family Law Clinic, sought to determine the value of the cars by speaking with Defendant directly. Defendant indicated no interest in reaching an amicable resolution. 6. The vehicles may be of significant value. 7. Ascertaining the value of the vehicles is essential in evaluating Plaintiff's Equitable Distribution options. 8. Plaintiff has no knowledge of the value or condition of the vehicles. 9. A professional appraisement of the vehicles would exceed $500 (five hundred) dollars and be cost prohibitive unless the cars were of substantial value. 10. Pictures of the vehicles, the Vehicle Identification Number(s) (VIN), registration and other related information are essential to determine whether a professional appraisement is required. 11. The Defendant has exclusive access to the vehicles. 12. In a phone conversation on June 12, 2007, with Certified Legal Intern Warren Eth, Defendant was combative, paranoid and refused to cooperate in any fashion. 13. Defendant refused to give the location of the vehicles, other than confirming they were garaged in Hummelstown, Pennsylvania. 14. Defendant indicated the garage was rented and that the vehicles may be moved shortly. 15. A discovery request pursuant to Pa.R.C.P. 4009.32 is not possible as the address of the vehicles is unknown and the Family Law Clinic cannot "describe with reasonable particularity the property to be entered". 16. Due to the Defendant's declared determination to be uncooperative, a Court Order directing the Defendant to comply is appropriate and necessary. 17. Concurrence with counsel pursuant to 208.2(d) is not required as Defendant is Pro Se. 18. No Judge has been assigned this case. WHEREFORE, the Plaintiff asks that the Court order Defendant to provide the exact address of the vehicles, the registration information of the vehicles (license plate number), as issued by PennDOT, the VIN (Vehicle Identification Number) numbers of the vehicles and to comply with scheduling a date and time, within the next month, for representatives of the Family Law Clinic to come to the garage and take pictures of the vehicles. DATE: 69 k4lwk! ?m? ? Z' I- - LUCK JOHNSTON-WA ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 c} ? :: O _!., r«J .. }; M? i_ `? i;"i- ?? ' --,i71 ^?. `. t? ' u- -„'7 _- ;? ?_? . -- _. ,.? - ') --G Judith A. Wolfe, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW IN DIVORCE Wilson L. Wolfe, Jr., Defendant No. 06 - 1150 CIVIL TERM CERTIFICATE OF SERVICE I, Warren Eth, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Motion for Defendant to Disclose Location of Vehicles and Facilitate Inspection and Photographing of Vehicles in His Possession, on Mr. Wilson L. Wolfe, Jr., at 1291 South 28 h Street, Apt 612, Harrisburg, PA 17111, by depositing a copy of the same in the United States mail, postage prepaid, on July 20, 2007. DATE: 2010 ? Eth Intern LUCY OHNSTON-WALS ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 ?? ? c;` t ?n ? ?... ,_.. ?' .. , . 3 i i ?^, . !`,,? f -- ? ? ` "? yy `'^ t'?? ? <,? i r __ .0 .. ?.., -? Judith A. Wolfe, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW IN DIVORCE Wilson L. Wolfe, Jr., Defendant No. 06 - 1150 CIVIL TERM ORDER OF COURT AND NOW this day of,y , 2007, it is hereby ORDERED that Defendant, Wilson. Wolfe, Jr., provide the exact address of the vehicles, the registration information of the vehicles (license plate number), as issued by PennDOT, the VIN (Vehicle Identification Number) numbers of the vehicles and mail such information to the Family Law Clinic, 45 N. Pitt Street, Carlisle, PA 17013 no later than 2 weeks after the date of this order. IT IS FURTHER ORDERED that the Defendant shall comply with the Family Law Clinic in scheduling a date and time, within the next month, for representatives of the Family Law Clinic to come to the garage and take pictures of the vehicles. DATE: r BY CO J. CC Xarren Eth, Family Law Clini 45 N. Pitt Street Carlisle, PA 17013 X lson Wolfe Jr. 1291 South 28" Street Apt 612 Harrisburg, PA 17111 } ca c c.: Judith A. Wolfe, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN DIVORCE Wilson L. Wolfe, Jr., 6j._!!S'4 Defendant : NO. 6' CIVIL TERM PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF A COURT ORDER The Petitioner, Judith A. Wolfe, by counsel, hereby petitions this Court for Civil Contempt and respectfully requests that this Court find the Defendant, Wilson L. Wolfe, Jr., in contempt of the Court's July 23, 2007 Order and in support thereof respectfully represents the following: 1. Plaintiff filed a Divorce Complaint with a count for Equitable Distribution on February 28, 2006, and Service was made upon the Defendant on March 6, 2006. 2. Defendant is proceeding pro se in this action. 3. During the course of the marriage, Defendant purchased two (2) 1969 Pontiac GTO vehicles which are currently in his possession. 4. During the course of the marriage these vehicles were garaged and kept in anticipation of selling them when the couple needed retirement income. 5. Counsel for Plaintiff sought but was denied the opportunity to inspect and photograph the vehicles for the purpose of determining their value. 6. On July 20, 2007, Plaintiff filed a Motion to Compel the Defendant to Disclose the Location of Vehicles and Facilitate Inspection and Photographing of Vehicles in His Possession (Plaintiffs Exhibit A). 7. On July 23, 2007, the Court ordered: the defendant to "provide the exact address of the vehicles, the registration information of the vehicles (license plate number), as issued by PennDOT, the VIN (Vehicle Identification Number) numbers of the vehicles and mail such information to the Family Law Clinic ...no later than 2 weeks after the date of this order". In addition the Court Ordered shall comply with the Family Law Clinic in scheduling a date and time, within the next month, for representatives of the Family Law Clinic to come to the garage and take pictures of the vehicles" (Plaintiffs Exhibit B). 8. On August 7, 2007, the Family Law Clinic received Defendants response to the Order in the form of a three page letter (Plaintiffs Exhibit Q. 9. The letter provided the VIN numbers of the vehicle as well as where they are stored. 10. In his letter the Defendant indicated he was willing to schedule a meeting with representatives from the Family Law Clinic on Wednesday, August 15, 2007 at approximately 2 p.m. and provided his cell phone number as the means of contacting him. 11. On August 13, 2007, the Family Law Clinic, contacted the Defendant and confirmed the following: a) One car was stored at a commercial storage facility, at 1134 Highspire Road, Harrisburg PA 17111. b) One car was stored at a rented residential garage located on 500 West High Street, Hummelstown PA 17036. c) The Defendant agreed to meet a representative of the Family Law Clinic on Wednesday, August 15, 2007 at 2 p.m. at the main office of the storage facility. d) A Representative of the Family Law Clinic told the Defendant to contact the Clinic if anything occurred that would delay or prevent his arrival. 12. On August 15, 2007 representatives of the Family Law Clinic traveled to meet with Defendant at the storage facility. 13. The Defendant did not show up to the scheduled meeting. 14. Representatives of the Family Law Clinic were unable to contact the Defendant by phone. 15. After waiting at the storage facility for 35 minutes, representatives of the Family Law Clinic drove to the Hummelstown location. 16. Defendant was not at the Hummelstown location. 17. Affixed to the front of the garage at 500 West High Street, Hummelstown was an eviction notice to the Defendant. 18. The Honorable President Judge Edgar Bayley has been assigned this case. 19. C.C.R.P. 208.2(d) is non applicable as there is no opposing counsel. WHEREFORE, due to Defendant's failure to comply with the Order of Court dated July 23, 2007, Plaintiff requests that this Honorable Court Order that: a. The Defendant be held in contempt of the Court's July 23, 2007; b. The Defendant be assessed a $500 penalty for contempt of the Court's Order pursuant to 23 Pa.C.S. § 4346; C. The Plaintiff be awarded any other relief this Court deems equitable and just. Respectfully submitted, Date: A Eth 4 A 4ed Legal Intern LJ' ?? ] w1, ,L1_ THO AS M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verify that the statements made in this Petetion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. lv??? L r r. n Pfl/ ertified Legal Intern Judith A. Wolfe, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PE - ¦?¦?¦¦¦?¦? PENNSYLVANIA EXHIBIT V. CIVIL ACTION -LAW : IN DIVORCE Wilson L. Wolfe, Jr., : Defendant No. 06 - 1150 CIVIL TERM !,2, 7 ._„_- i.? --, r MOTION FOR DEFENDANT TO DISCLOSE LOCATION OF VEHICLE&AND ° FACILITATE INSPECTION AND PHOTOGRAPHING OF VEHICLES ILA HIS =T_? POSSESSION NOW COMES the Plaintiff, Judith A. Wolfe, through her attorneys, the Family Law Clinic and states the following: 1. Plaintiff filed a Divorce Complaint with a count for Equitable Distribution with this Honorable Court on February 28, 2006. 2. Defendant is proceeding Pro Se in this action. 3. During the course of the marriage, Defendant purchased two (2) 1969 Pontiac GTO vehicles which are currently in his possession. 4. During the course of the marriage these vehicles were garaged and kept in anticipation of selling them when the couple needed retirement income. 5. In an effort to resolve the Equitable Distribution claim Plaintiff s attorneys, the Family Law Clinic, sought to determine the value of the cars by speaking with Defendant directly. Defendant indicated no interest in reaching an amicable resolution. 6. The vehicles may be of significant value. 7. Ascertaining the value of the vehicles is essential in evaluating Plaintiff's Equitable Distribution options. 8. Plaintiff has no knowledge of the value or condition of the vehicles. 9. A professional appraisement of the vehicles would exceed $500 (five hundred) dollars and be cost prohibitive unless the cars were of substantial value. 10. Pictures of the vehicles, the Vehicle Identification Number(s) (VIN), registration and other related information are essential to determine whether a professional appraisement is required. 11. The Defendant has exclusive access to the vehicles. 12. In a phone conversation on June 12, 2007, with Certified Legal Intern Warren Eth, Defendant was combative, paranoid and refused to cooperate in any fashion. 13. Defendant refused to give the location of the vehicles, other than confirming they were garaged in Hummelstown, Pennsylvania. 14. Defendant indicated the garage was rented and that the vehicles may be moved shortly. 15. A discovery request pursuant to Pa.R.C.P. 4009.32 is not possible as the address of the vehicles is unknown and the Family Law Clinic cannot "describe with reasonable particularity the property to be entered". 16. Due to the Defendant's declared determination to be uncooperative, a Court Order directing the Defendant to comply is appropriate and necessary. 17. Concurrence with counsel pursuant to 208.2(d) is not required as Defendant is Pro Se. 18. No Judge has been assigned this case. WHEREFORE, the Plaintiff asks that the Court order Defendant to provide the exact address of the vehicles, the registration information of the vehicles (license plate number), as issued by PennDOT, the VIN (Vehicle Identification Number) numbers of the vehicles and to comply with scheduling a date and time, within the next month, for representatives of the Family Law Clinic to come to the garage and take pictures of the vehicles. DATE: 69 7/2 0/? A, e 0 w 4Ld_? Z' - t - LUC JOHNSTON-WAI$H ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 Judith A. Wolfe, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW : IN DIVORCE Wilson L. Wolfe, Jr., Defendant :No. 06 - 1150 CIVIL TERM ORDER OF COURT AND NOW this day of , 2007, it is hereby ORDERED that Defendant, Wilson L. Wolfe, Jr., provide the exact address of the vehicles, the registration information of the vehicles (license plate number), as issued by PennDOT, the VIN (Vehicle Identification Number) numbers of the vehicles and mail such information to the Family Law Clinic, 45 N. Pitt Street, Carlisle, PA 17013 no later than 2 weeks after the date of this order. IT IS FURTHER ORDERED that the Defendant shall comply with the Family Law Clinic in scheduling a date and time, within the next month, for representatives of the Family Law Clinic to come to the garage and take pictures of the vehicles. BY THE COURT: DATE: J. CC Warren Eth, Family Law Clinic 45 N. Pitt Street Carlisle, PA 17013 Wilson Wolfe Jr. 1291 South 28' Street Apt 612 Harrisburg, PA 17111 Judith A. Wolfe, Plaintiff V. Wilson L. Wolfe, Jr., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EXHIBIT CIVIL ACTION - LAW IN DIVORCE Defendant : No. 06 - 1150 CIVIL TERM ORDER OF COURT AND NOW this day o 2007, it is hereby ORDERED that Defendant, Wilson L. Wolfe, Jr., provide a exact address of the vehicles, the registration information of the vehicles (li nse plate number), as issued by PennDOT, the VIN (Vehicle Identification Number) numbers of the vehicles and mail such information to the Family Law Clinic, 45 N. Pitt Street, Carlisle, PA 17013 no later than 2 weeks after the date of this order. IT IS FURTHER ORDERED that the Defendant shall comply with the Family Law Clinic in scheduling a date and time, within the next month, for representatives of the Family Law Clinic to come to the garage and take pictures of the vehicles. DATE: CC Warren Eth, Family Law Clinic 45 N. Pitt Street Carlisle, PA 17013 Wilson Wolfe Jr. 1291 South 28th Street Apt 612 Harrisburg, PA 17111 a v ?2? -do BY THE COURT: TRUE COPY FROM REODRU T y W,1 tote tab8dON ft of said COW Pt EXHIBIT JQ FA AA On - chi. d 7 . .J?il?ilp ?{ It?41C? Ann I ft / I i r L n_4-.T_ - 1414 r) 1 L2-Y tl. - . - / Y /6 ;? i ;g FQ (,". 1 ?? :? .? ??-? -r7 _._.. .-? r ? -` _ :7 .,__; `---t .?. _:_ _ _ `_ ?,:? L'" =< Judith A. Wolfe, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CONTEMPT Wilson L. Wolfe, Jr., ?G Defendant : NO.19e-l 150 CIVIL TERM CERTIFICATE OF SERVICE I, Warren Eth, hereby certify that I am serving a true and correct copy of the Petition for Civil Contempt for Disobedience of Court Order and sanctions under 23 Pa.C.S. § 4346 on Friday, October 05, 2007 by first class United States Mail. Date: l0 S 6 Certified Legal Intern THOMAS M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 w` rya ?D, .A?A> =s ji, I -A-? , _Aj /yV"? r f•- 60 20 ,vim Al? t7/1 0 ?n I't", +` rL/ I '?_1_°,?'.. ??'lAJ'/?-•(7yY a' 1 ?\? d` ? v.'r ? \i y\'1?. P (J Y? ?knn i??! ?i ?tilvt/? 'J ?Gl-G6 S, /l1!>a .?=? Gu vt 4t r J-z IAAIX? .?-r-,,.?8- , /J/'?? ?'?'1.ti nil-?/' ?{?-t. J?? /? I - Aj n _ p p ?pp ? l r(' i?o (o"k -? ,1'i-a-i '°" p? r r 1 `J C? / v W .A., _! PENNSTATE Fm. The Dickinson School of Law Wilson L. Wolfe 1291 South 28th Street Apt. 612 Harrisburg, PA 17111 Family Law Clinic A service to the community by students from The Dickinson School of Law of The Pennsylvania State University March 27, 2007 Re: Wolfe v. Wolfe, Docket # 06-1150 Dear Mr. Wolfe: The Dale F. Shughart Community Law Center 45 North Pitt Streri Carlisle. PA 17i)I1 Office. 717-241-1968 or 717-241-8014 Fax: 717-243-3639 I am contacting you about settling the above-referenced case by agreement. As you know, Ms. Wolfe has filed for divorce and equitable distribution of the marital property. Significant items within the marital property include two GTO automobiles of considerable value, one Ford Bronco automobile, and cemetery plots at Woodlawn Memorial Gardens. My client proposes the following agreement: Ms. Wolfe will forgo any claim to the two GTO automobiles and the Ford Bronco automobile, in exchange for the following: 1. Mr. Wolfe will agree to entry of a divorce decree, and will promptly sign the consent and affidavit forms necessary to complete a divorce under 23 Pa.C.S. § 3301(c). 2. Mr. Wolfe will allow Ms. Wolfe to enter the former marital home within two weeks of the execution of this agreement to retrieve any and all household furnishings, personal property, furniture, kitchen appliances and utensils, and any other item of marital property found within the home desired by Ms. Wolfe. Mr. Wolfe agrees that he will not be at the residence during this time. The time and date will be arranged through the Family Law Clinic, counsel for Ms. Wolfe. Ms. Wolfe may be accompanied by a person or persons of her choosing during the visit to the former marital home. 3. If Mr. Wolfe breaches this agreement he understands that Ms. Wolfe will petition the court for a hearing on equitable distribution. The Dickinson School of Law of The Pennsylvania State University An Lyual Opporiunu? t nneno\ r fi If you agree to the above terms, please contact me immediately I can be reached at (717) 243-2968. If I do not hear from you by April 11, 2007, 1 will petition the Court to order an appraisal of the two GTO automobiles and request that the Court order you to pay the costs of such appraisal. The case will then proceed to a hearing on the equitable distribution petition. Please understand that the Family Law Clinic represents only Ms. Wolfe in this matter, and can offer you no advice other than to contact an attorney. If you retain counsel, please have him/her contact the Clinic to discuss a settlement agreement. Very truly yours, L Jessica D. Woodman-Hardy Certified Legal Intern Cc: Judith Wolfe Q] `t,..,,.,._ .- 3 -:z ? - a cc? ? -? "Y) E&-k, ? ??? 1??1..Z1,?..0?.? tv,n h __ .- _ .t f -fl Ile, if zt 1 1 Q ti 1 I ?x ? --• JU LJ -n\ al.11 5i r, ? q2:0-, 14-lif A _Aj? CL ? r?? Q .t ? i? r, 41 ? ?t ' 5rw , ? 13 t?A JUDITH A. WOLFE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW WILSON L. WOLFE, JR., Defendant 06-1150 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of October, 2007, the plaintiff and defendant and plaintiff's lawyer shall immediately leave the courtro.om and drive to 1134 Highspire Road, Harrisburg, Pennsylvania, where defendant indicates he has stored in a commercial storage area both 1969 GTO's, and defendant shall immediately open up both areas for plaintiff and her counsel to make a visual inspection of both vehicles. Counsel shall notify this Court by calling chambers by the end of the day whether this order has been completed. A further order shall thereafter enter. Warren Eth, Certified Legal In Family Law Clinic '1/1'6r Plaintiff W' son L. Wolfe, Jr., pro se 291 South 28th Street, "p Harrisburg, PA 17111 Sheriff 'ors A c,1) d? JUDITH A. WOLFE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WILSON L. WOLFE, JR., DEFENDANT a4. -W-1150 CIVIL TERM ORDER OF COURT AND NOW, this :; } day of October, 2007, having been advised by counsel for plaintiff that defendant complied with the order of October 29, 2007, no further action will be taken on the petition to hold defendant in civil contempt. W rren Eth, Certified Legal Inter mily Law Clinic ilson Wolfe, Jr., Pro se 1291 South 28th Street Apt. 612 Harrisburg, PA 17111 sal A >- co i .3 t '- L c-.t Judith A. Wolfe, Plaintiff/ Petitioner V. Wilson L. Wolfe, Jr., Defendant/ Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DIVORCE No. 06-1150 CIVIL TERM PETITION FOR AN ORDER REQUIRING RESPONDENT TO ADVANCE COSTS OF APPRAISING MARITAL PROPERTY The Petitioner, Judith A. Wolfe, by her attorneys, the Family Law Clinic, hereby petitions the Court for an Order pursuant to 23 Pa. C.S. § 3502(f), requiring the Respondent to advance the costs of appraising two vintage automobiles, and in support thereof alleges the following: 1. The Petitioner is Judith A. Wolfe, who resides in Cumberland County and would prefer that her address remain confidential. 2. The Respondent is Wilson L. Wolfe, Jr., who resides at 1291 South 28th Street, Apt. 612, Harrisburg, PA 17111. 3. The Petitioner filed a Divorce Complaint with a count for equitable distribution on February 28, 2006. 4. The Complaint was served on Respondent on March 6, 2006. 5. The Petitioner filed an Inventory of marital property on December 18, 2006. A copy of the Inventory is attached as Exhibit A. 6. The Inventory includes two 1969 Pontiac GTOs that the parties purchased during the marriage. 7. The Respondent currently possesses the two vehicles. 8. The Respondent keeps the vehicles locked in a storage unit located at Harrisburg East Campground and Storage, Inc., 1134 Highspire Road, Harrisburg, PA 17111. 9. The Petitioner does not have access to the vehicles. 10. To determine the value of the vehicles, Petitioner desires to have the vehicles appraised by David McClellan who has experience in determining the value of vintage automobiles. A copy of Mr. McClellan's affidavit is attached as Exhibit B. 11. David McClellan will appraise the vehicles and testify as to their value for $600.00. 12. Petitioner is unable to pay the cost of appraising the vehicles as her only source of income is Disability benefits. 13. On or around June 2005, prior to separating from Respondent, Petitioner withdrew her pension plan from Wal-Mart. 14. The value of the pension was $11,330.80. 15. Petitioner and Respondent spent approximately $5,300.00 of the pension before they separated in December 2005. 16. Approximately $6,000.00 of the pension remained in Respondent's possession when Petitioner separated from Respondent. 17. The remaining funds from the pension plan are marital property subject to equitable distribution pursuant to 23 Pa. C.S. 3501(a) (2007). 18. The Court has the power under 23 Pa. C.S. 3502(f) (2007) to provide for an interim partial distribution of marital property. 19. The cost of the appraisal can be shared between the parties upon the equitable distribution of the marital assets. WHEREFORE, Petitioner respectfully requests that this Court enter an Order providing for an interim partial distribution of marital property in the form of $600.00 to be advanced by the Respondent for the appraisal of the two vintage vehicles in his possession. Date t?//$ior Date Respectfully submitted, A rac e Certified Legal Intern LUCY JOHNSTON-WALSH ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in the foregoing Petition for an Order Requiring Respondent to Advance Costs of Appraising Marital Property are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: J ith A. Wolfe, Petitioner Judith A. Wolfe, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW IN DIVORCE Wilson L. Wolfe, Jr., Defendant/Respondent No. 06 - 1150 CIVIL TERM CERTIFICATE OF SERVICE I, Amy Bracher, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition for an Order Requiring Respondent to Advance Costs of Appraising Marital Property, on Respondent, Wilson L. Wolfe, Jr., at 1291 South 28th Street, Apt 612, Harrisburg, PA 17111, by depositing a copy of the same in the United States mail, postage prepaid, on April 18, 2008. DATE: Am racher Certified Legal Intern r LUCY ON-WALSH ROBERT E. kj?INS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 Judith A. Wolfe, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Wilson L. Wolfe, Jr., Defendant : NO. 06- 1150 CIVIL TERM INVENTORY OF JUDITH WOLFE Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct, to the best of her knowledge, information, and belief. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. G, , !iV Plaintiff ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. ( ) 1. Real Property (X) 2. Motor Vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit (X) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates c `n ( ) 7. Contents of safe deposit boxes -TJ ( ) 8. Trusts r7i (X) 9. Life insurance policies - ( ) 10. Annuities - - - tT ( ) 11. Gifts = ( ) 12. Inheritances -- t5 ryn A ( ) 13. Patents, copyrights, inventories, royalties ; ( ) 14. Personal property outside the home ( ) 15. Business ( ) 16. Employment termination benefits - severance pay, worker's compensation claim/award ( ) 17. Profit sharing plans ( ) 18. Pension plans ( ) 19. Retirement plans, Individual Retirement Accounts (X) 20. Disability payments ( ) 21. Litigation claims ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (X) 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Number Of Property 2 Two 1969 Pontiac GTO's 2 1990/1 Ford Bronco 5 Payout from Wal-Mart Profit Sharing 401K, $11,330.80 Names Of All Owners Wilson L. Wolfe, Jr. Wilson L. Wolfe, Jr. Judith A. Wolfe 25 See attached list Judith A. Wolfe, Wilson L. Wolfe, Jr. 26 Cemetery lots at Woodlawn Judith A. Wolfe, Memorial Gardens Wilson L. Wolfe, Jr. 2 PROPERTY TRANSFERRED Item Description Date Of Person To Whom Number of Property Transfer Consideration Transferred LIABILITIES Item Description Names Of Names Of Number of Property All Creditors All Debtors 3 NONMARITAL PROPERTY Item Description Reason For Exclusion Number of Property Owner from Marital Proyerty 5 Payout from trust, $18,000 Wilson L. Wolfe, Jr. Received after separation 9 Life Insurance Policy Judith A. Wolfe Purchased before marriage Face Value: $1090.23 Cash Surrender Value: $3010.78 Current Beneficiary: George and Mary King 20 Social Security Disability Judith A. Wolfe Benefits intended to Insurance payments compensate for lost earning capacity Plaintiff reserves the right to correct and/or supplement this Inventory to the extent that she acquires additional information regarding assets and/or liabilities. 4 HOUSEHOLD FURNISHINGS AND PERSONALTY 4 Poster double bed - Cherry Dresser with mirror - Cherry Nightstand with 2 drawers - Cherry Small white stand with 3 drawers Oval dining room table with 5 chairs Living room couch 2 swivel rocker recliners (blue) 2 end tables - maple 1 coffee table - maple 2 table lights 1 floor lamp - brass with glass table 2 five shelf corner unit 1 five shelf stand 1 microwave cart Entertainment center 21" Magnavox portable TV 1 stereo boom box (Sony) 1 Bookcase - oak finish 2 Microwaves Cardinal Collection Water balls Photo books Tape cassettes/discs Christmas Ornaments Radio 2 Bath towel sets Kitchen Dish Towels Sunbeam Stand Mixer (75 h Anniversary Edition) David McClellan 1322 Spring Road Carlisle, PA 17013 (717) 226-8226 I am the Current Owner of A-1 Used Car Dealership and The Detail Shop. I have owned these businesses for about three years. The cleaning, buying, and selling of classic and unique cars constitutes 100% percent of my business. I have belonged to several clubs and organizations over the years including Antique Auto Club of America, The Long Island Model A Club, The Long Island Oldsmobile Club, Kustom Kemps of America, and The Long Island Chevy Club. I have won several awards for the restoration of classic cars including First Place in the Javits Center Competition in New York in 1986, two First Place awards at the National Coliseum in Nasaau County Long Island Competition in 1986 and 1987 and a Third place at the same competition in 1986. I have continued to restore cars since this time. I have owned at least twenty different classic cars. I have helped restore hundreds of classic cars. I have been a mechanic for over thirty years. I attended General Motors factory training school from 1981-1994. I have also received additional training including an OEM (Original Equipment Manufacturer Training) in paint from the PPG paint school, and triaining in custom painting from the House of color paint school. I have taken at least ten different courses provided by GM in mechanical and paint training. About two years ago, I started working with the Carlisle Fair Grounds, where several widely recognized car shows occur on an annual basis. I prepare cars for auction there. I began appraising cars at about the same time. I have appraised about 20 different cars. The factors I consider when appraising a classic car include the costs included to rebuild the car, the current market, the pricing of similar cars, the attention given to details of accurate restoration such as original color and type of wheels selected for the car, and the NADA (National Automobile Dealers Association) price guide. As a reference I list Bill Miller III the CEO of the Carlisle Fair Grounds, who is involved in organizing car shows at the fair grounds. I hereby certify that this is a true and correct statement of my credentials as an appraiser of classic automobiles. Date: /V/ 6?' ? David McClelle ?- ? r'="' x=71 r ?.3 <* ?, IAN 2 1 2009 100' Judith A. Wolfe, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN DIVORCE Wilson L. Wolfe, Jr., Defendant/Respondent :NO. 06-1150 CIVIL TERM ORDER OF COURT AND NOW, this day of %4() V1 2008, upon consideration of the attached Petition for an Interim Partial Distribution of Marital Property, a Rule is hereby issued upon Respondent, to show cause why the relief requested should not be granted. RULE RETURNABLE IN f? days of service. BY THE COURT, Edgar B. Bayley, J. . ? lc? f c? c\a Q_ C •W V V -I>- t (4 o L? Jar JUDITH A. WOLFE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE WILSON L. WOLFE, JR., Defendant NO. 06 - 1150 CIVIL TERM CERTIFICATE OF SERVICE I, Laurie L. Wolf, Legal Assistant, Family Law Clinic, hereby certify that I served a true and correct copy of the Order of Court dated April 28, 2008 on Mr. Wilson L. Wolfe, Jr., at 1291 South 28th Street, Apt 612, Harrisburg, PA 17111, by depositing a copy of the same in the United States mail, postage prepaid, on April 29, 2008. curie L. olf Legal Assistant FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 JUDITH A. WOLFE, Plaintiff/ Petitioner V. WILSON L. WOLFE, JR., Defendant/ Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE No. 06-1150 CIVIL TERM PETITION TO MAKE RULE ABSOLUTE PURSUANT TO Pa.R.C.P. No. 206.7(a) Petitioner, Judith A. Wolfe, by and through her attorneys, the Family Law Clinic, hereby requests that this Honorable Court grant her Petition to Make Rule Absolute pursuant to Pa.R.C.P. No. 206.7(a). In support of this request, Petitioner states: (1) Petitioner is Judith A. Wolfe, who resides in Cumberland County and requests that her address remain confidential. (2) Respondent is Wilson L. Wolfe, Jr., who resides at 1291 South 28th Street, Apt. 612, Harrisburg, PA 17111. (3) On April 18, 2008, Petitioner filed a Petition for an Order Requiring Respondent to Advance Costs of Appraising Marital Property. A time-stamped copy of Petitioner's April 18, 2008 Petition is attached hereto as "Exhibit A." (4) Specifically, Petitioner requested an Order directing Respondent to advance a sum of six-hundred dollars ($600.00) for the appraisal of two vintage automobiles acquired during the parties' marriage. In the alternative, Petitioner requested that this Honorable Court issue a Rule upon Respondent directing Respondent to show cause why the Court should not Order him to advance the aforementioned sum of six-hundred dollars ($600.00). (5) On April 28, 2008, this Honorable Court issued Rule to Show Cause upon Respondent. Respondent was given fifteen (15) days to answer. A copy of the Rule issued on April 28, 2008 is attached hereto as "Exhibit B." (6) Respondent has not filed an Answer to the Court's April 28, 2008 Order. (7) More than fifteen (15) days have passed since this Honorable Court issued a Rule to Show Cause upon Respondent. • r WHEREFORE, pursuant to Pa.R.C.P. No. 206.7(x), Petitioner respectfully requests that this Honorable Court deem as true all averments of fact contained in the April 18, 2008 Petition attached hereto as "Exhibit A" and enter an Order providing for an Interim Partial Distribution of Marital Property in the amount of six-hundred dollars ($600.00) to be advanced by the Respondent for the appraisal of the two (2) vintage automobiles in his possession. 9" / I zo g- Dat Respectfully submitted, MICHAEL A. O'DONNELL Certified Legal Intern LUCY OURNSTON-WALS14- ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 EXHIBIT A PETITION FILED ON APRIL 18, 2008 Judith A. Wolfe, : IN THE COURT OF COMMON PLEAS Plaintiff/ Petitioner : OF CUMBERLAND COUNTY, PENNSYLVANIA N PA C- C= V. CIVIL ACTION - LAW DIVORCE _ mrn Wilson L. Wolfe, Jr., 1=80 ?? Defendant) Respondent No. 06-1150 CIVIL TE --? - " m c.n PETITION FOR AN ORDER REQUIRING RESPONDENT PROPERTY ADVAN& Cj COSTS OF APPRAISING MARITAL The Petitioner, Judith A. Wolfe, by her attorneys, the Family Law Clinic, hereby petitions the Court for an Order pursuant to 23 Pa. C.S. § 3502(f), requiring the Respondent to advance the costs of appraising two vintage automobiles, and in support thereof alleges the following: 1. The Petitioner is Judith A. Wolfe, who resides in Cumberland County and would prefer that her address remah confidential. 2. The Respondent is Wilson L. Wolfe, Jr., who resides at 1291 South 28th Street, Apt. 612, Harrisburg, PA 17111. 3. The Petitioner filed a Divorce Complaint with a count for equitable distribution on February 28, 2006. 4. The Complaint was served on Respondent on March 6, 2006. 5. The Petitioner filed an Inventory of marital property on December 18, 2006. A copy of the Inventoryis attached as Exhibit A. 6. The Inventory includes two 1969 Pontiac GTOs that the parties purchased during the marriage. 7. The Respondent currently possesses the two vehicles. 8. The Respondent keeps the vehicles locked in a storage unit located at Harrisburg East Campground and Storage, Inc., 1134 Highspire Road, Harrisburg, PA 17111. 9. The Petitioner does not have access to the vehicles. 10. To determine the value of the vehicles, Petitioner desires to have the vehicles appraised by David McClellan who has experience in determining the value of vintage automobiles. A copy of Mr. McClellan's affidavit is attached as Exhibit B. 11. David McClellan will appraise the vehicles and testify as to their value for $600.00. 12. Petitioner is unable to pay the cost of appraising the vehicles as her only source of income is Disability benefits. 13. On or around June 2005, prior to separating from Respondent, Petitioner withdrew her pension plan from Wal-Mart. 14. The value of the pension was $11,330.80. 15. Petitioner and Respondent spent approximately $5,300.00 of the pension before they separated in December 2005. 16. Approximately $6,000.00 of the pension remained in Respondent's possession when Petitioner separated from Respondent. 17. The remaining funds from the pension plan are marital property subject to equitable distribution pursuant to 23 Pa. C. S. 3501(a) (2007). 18. The Court has the power under 23 Pa. C. S. 3502(f) (2007) to provide for an interim partial distribution of marital property. 19. The cost of the appraisal can be shared between the parties upon the equitable distribution of the marital assets. WHEREFORE, Petitioner respectfully requests that this Court enter an Order providing for an interim partial distribution of marital property in the form of $600.00 to be advanced by the Respondent for the appraisal of the two vintage vehicles in his possession. ' l / Svc Date V/gig/0r Date Respectfully submitted, rac Certified Legal Intern LUCY JOHNSTON-WALSH ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in the foregoing Petition for an Order Requiring Respondent to Advance Costs of Appraising Marital Property are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: ' .. I D *th.'l A. Wolfe, Petitioner ( ) 14. Personal property outside the home ( ) 15. Business ( ) 16. Employment termination benefits - severance pay, worker's compensation claim/award ( ) 17. Profit sharing plans ( ) 18. Pension plans ( ) 19. Retirement plans, Individual Retirement Accounts 20. Disability payments ( ) 21. Litigation claims ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Number Of Property 2 Two 1969 Pontiac GTO's 2 1990/1 Ford Bronco 5 25 26 Payout from Wal-Mart Profit Sharing 401K, $11,330.80 See attached list Cemetery lots at Woodlawn Memorial Gardens Names Of All Owners Wilson L. Wolfe, Jr. Wilson L. Wolfe, Jr. Judith A. Wolfe Judith A. Wolfe, Wilson L. Wolfe, Jr. Judith A: Wolfe, Wilson L. Wolfe, Jr. 2 PROPERTY TRANSFERRED Item Description Date Of Person To Whom Number of Property Transfer Consideration Transferred LIABILITIES Item Description Names Of Names Of Number of Property All Creditors All Debtors 3 NONMARITAL PROPERTY Item Description Reason For Exclusion Number of Property Owner from Marital Property 5 Payout from trust, $18,000 Wilson L. Wolfe, Jr. Received after separation 9 Life Insurance Policy Judith A. Wolfe Purchased before marriage Face Value: $1090.23 Cash Surrender Value: $3010.78 Current Beneficiary: George and Mary King 20 Social Security Disability Judith A. Wolfe Benefits intended to Insurance payments compensate for lost earning capacity Plaintiff reserves the right to correct and/or supplement this Inventory to the extent that she acquires additional information regarding assets and/or liabilities. 4 HOUSEHOLD FURNISHINGS AND PERSONALTY 4 Poster double bed - Cherry Dresser with mirror - Cherry Nightstand with 2 drawers - Cherry Small white stand with 3 drawers Oval dining room table with 5 chairs Living room couch 2 swivel rocker recliners (blue) 2 end tables - maple 1 coffee table - maple 2 table lights 1 floor lamp - brass with glass table 2 five shelf corner unit 1 five shelf stand 1 microwave cart Entertainment center 21" Magnavox portable TV 1 stereo boom box (Sony) 1 Bookcase - oak finish 2 Microwaves Cardinal Collection Water balls Photo books Tape cassettes/discs Christmas Ornaments Radio 2 Bath towel sets Kitchen Dish Towels Sunbeam Stand Mixer (75h Anniversary Edition) 5 David McClellan 1322 Spring Road Carlisle, PA 17013 (717) 226-8226 I am the Current Owner of A-1 Used Car Dealership and The Detail Shop. I have owned these businesses for about three years. The cleaning, buying, and selling of classic and unique cars constitutes 100% percent of my business. I have belonged to several clubs and organizations over the years including Antique Auto Club of America, The Long Island Model A Club, The Long Island Oldsmobile Club, Kustom Kemps of America, and The Long Island Chevy Club. I have won several awards for the restoration of classic cars including First Place in the Javits Center Competition in New York in 1986, two First Place awards at the National Coliseum in Nasaau County Long Island Competition in 1986 and 1987 and a Third place at the same competition in 1986. I have continued to restore cars since this time. I have owned at least twenty different classic cars. I have helped restore hundreds of classic cars. I have been a mechanic for over thirty years. I attended General Motors factory training school from. 1981-1994. I have also received additional training including an OEM (Original Equipment Manufacturer Training) in paint from the PPG paint school, and triaining in custom painting from the House of color paint school. I have taken at least ten different courses provided by GM in mechanical and paint training. About two years ago, I started working with the Carlisle Fair Grounds, where several . widely recognized car shows occur on an annual basis. I prepare cars for auction there. I began appraising cars at about the same time. I have appraised about 20 different cars. The factors I consider when appraising a classic car include the costs included to rebuild the car, the current market, the pricing of similar cars, the attention given to details of accurate restoration such as original color and:type of wheels selected for the car, and the NADA (National Automobile Dealers Association) price guide. As a reference I list Bill Miller III the CEO of the Carlisle Fair Grounds, who is involved in organizing car shows at the fair grounds. I hereby certify that this is a true and correct statement of my credentials as an appraiser of classic automobiles. Date: / ?/ U U David McClellen EXHIBIT EXHIBIT B ORDER OF COURT: APRIL 28, 2008 APR- 21 20M Judith A. Wolfe, Plaintiff/Petitioner, V. Wilson L. Wolfe, Jr., Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN DIVORCE :NO. 06-1150 CIVIL TERM ORDER OF COURT FILE COPY AND. NOW, this .2 A_ day of 2008, upon consideration of the attached Petition for an Interim Partial Distribution of Marital Property, a Rule is hereby issued upon Respondent, to show cause why the relief requested should not be granted. RULE RETURNABLE IN 1.5 days of service. BY THE COURT, az B. yley, J. I'A .:d h a lit ` eta l y R ' JUDITH A. WOLFE, Plaintiff/Petitioner V. WILSON L. WOLFE, JR., Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE NO. 06-1150 CIVIL TERM CERTIFICATE OF SERVICE I, Michael A. O'Donnell, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition to Make Rule Absolute on Mr. Wilson L. Wolfe, Jr., residing at 1291 South 28th Street, Apt. 612, Harrisburg, PA 17111, by depositing a copy of the same in the United States Mail, postage prepaid. DATE: / D MICHAEL A. O'DONNELL Certified Legal Intern 01 LUCY OHNSTON-WAL H ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 r.,a. Pv.} ... r. ti 7 ti...a C °-! F: _ 3 ._. .? ^a'a ?, ?. i •< ? E'7 AJ _... 'JUL 0 22008 JUDITH A. WOLFE, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN DIVORCE WILSON L. WOLFE, JR., Defendant/Respondent No. 06-1150 CIVIL TERM D"" OF COURT AND NOW, this day of 2008, upon consideration of the attached Petition to Make Rule Absolute, Petitioner's request is hereby GRANTED. Further, it is hereby ORDERED that Respondent shall advance to counsel for Petitioner, the Family Law Clinic, the amount of $600.00 for the purpose of determining the value of the two (2) vintage automobiles in his possession. Edgar ., T -- I/ 'W ` V ti , JUDITH A. WOLFE, Plaintiff/ Petitioner V. WILSON L. WOLFE, JR., Defendant/ Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE : No. 06-1150 CIVIL TERM Petitioner, Judith A. Wolfe, by and through her attorneys, the Family Law Clinic, hereby requests that this Honorable Court grant her Petition to Make Rule Absolute pursuant to Pa.R.C.P. No. 206.7(a). In support of this request, Petitioner states: (1) Petitioner is Judith A. Wolfe, who resides in Cumberland County and requests that her address remain confidential. (2) Respondent is Wilson L. Wolfe, Jr., who resides at 1291 South 28th Street, Apt. 612, Harrisburg, PA 17111. (3) On April 18, 2008, Petitioner filed a Petition for an Order Requiring Respondent to Advance Costs of Appraising Marital Property. A time-stamped copy of Petitioner's April 18, 2008 Petition is attached hereto as "Exhibit A." (4) Specifically, Petitioner requested an Order directing Respondent to advance a sum of six-hundred dollars ($600.00) for the appraisal of two vintage automobiles acquired during the parties' marriage. In the alternative, Petitioner requested that this Honorable Court issue a Rule upon Respondent directing Respondent to show cause why the Court should not Order him to advance the aforementioned sum of six-hundred dollars ($600.00). (5) On April 28, 2008, this Honorable Court issued Rule to Show Cause upon Respondent. Respondent was given fifteen (15) days to answer. A copy of the Rule issued on April 28, 2008 is attached hereto as "Exhibit B." (6) Respondent has not filed an Answer to the Court's April 28, 2008 Order. (7) More than fifteen (15) days have passed since this Honorable Court issued a Rule to Show Cause upon Respondent. WHEREFORE, pursuant to Pa.R.C.P. No. 206.7(a), Petitioner respectfully requests that this Honorable Court deem as true all averments of fact contained in the April 18, 2008 Petition attached hereto as "Exhibit A" and enter an Order providing for an Interim Partial Distribution of Marital Property in the amount of six-hundred dollars ($600.00) to be advanced by the Respondent for the appraisal of the two (2) vintage automobiles in his possession. Dat Respectfully submitted, MICHAEL A. O'DONNELL Certified Legal Intern A ?- LUCY HNSTON-WALS ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 EXHIBIT A PETITION FILED ON APRIL 18, 2008 Judith A. Wolfe, : IN THE COURT OF COMMON PLEAS Plaintiff/ Petitioner : OF CUMBERLAND COUNTY, PENNSYLVANIA C. C= V. CIVIL ACTION -LAW DIVORCE Wilson L. Wolfe, Jr., _ Defendant/ Respondent : No. 06-1150 CIVIL TFrRI1 -? cn PETITION FOR AN ORDER REQUIRING RESPONDENT TO ADVAN& COSTS OF APPRAISING MARITAL PROPERTY The Petitioner, Judith A. Wolfe, by her attorneys, the Family Law Clinic, hereby petitions the Court for an Order pursuant to 23 Pa. C.S. § 3502(f), requiring the Respondent to advance the costs of appraising two vintage automobiles, and in support thereof alleges the following: 1. The Petitioner is Judith A. Wolfe, who resides in Cumberland County and would prefer that her address remain confidential. 2. The Respondent is Wilson L. Wolfe, Jr., who resides at 1291 South 28th Street, Apt. 612, Harrisburg, PA 17111. 3. The Petitioner filed a Divorce Complaint with a count for equitable distribution on February 28, 2006. 4. The Complaint was served on Respondent on March 6, 2006. 5. The Petitioner filed an Inventory of marital property on December 18, 2006. A copy of the Inventoryis attached as Exhibit A. 6. The Inventory includes two 1969 Pontiac GTOs that the parties purchased during Pn m n? m the marriage. 7. The Respondent currently possesses the two vehicles. 8. The Respondent keeps the vehicles locked in a storage unit located at Harrisburg East Campground and Storage, Inc., 1134 Highspire Road, Harrisburg, PA 17111. 9. The Petitioner does not have access to the vehicles. 10. To determine the value of the vehicles, Petitioner desires to have the vehicles appraised by David McClellan who has experience in determining the value of vintage automobiles. A copy of Mr. McClellan's affidavit is attached as Exhibit B. 11. David McClellan will appraise the vehicles and testify as to their value for $600.00. 12. Petitioner is unable to pay the cost of appraising the vehicles as her only source of income is Disability benefits. 13. On or around June 2005, prior to separating from Respondent, Petitioner withdrew her pension plan from Wal-Mart. 14. The value of the pension was $11,330.80. 15. Petitioner and Respondent spent approximately $5,300.00 of the pension before they separated in December 2005. 16. Approximately $6,000.00 of the pension remained in Respondent's possession when Petitioner separated from Respondent. 17. The remaining funds from the pension plan are marital property subject to equitable distribution pursuant to 23 Pa. C.S. 3501(a) (2007). 18. The Court has the power under 23 Pa. C.S. 3502(f) (2007) to provide for an interim partial distribution of marital property. 19. The cost of the appraisal can be shared between the parties upon the equitable distribution of the marital assets. WHEREFORE, Petitioner respectfully requests that this Court enter an Order providing for an interim partial distribution of marital property in the form of $600.00 to be advanced by the Respondent for the appraisal of the two vintage vehicles in his possession. Date y1 /$/ or Date Respectfully submitted, % Tra-c ?hm Certified Legal Intern LUCY JOHNSTON-WALSH ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in the foregoing Petition for an Order Requiring Respondent to Advance Costs of Appraising Marital Property are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date. J . ith A. Wolfe, Petitioner ( ) 14. Personal property outside the home ( ) 15. Business ( ) 16. Employment termination benefits - severance pay, worker's compensation claim/award ( ) 17. Profit sharing plans ( ) 18. Pension plans ( ) 19. Retirement plans, Individual Retirement Accounts (X) 20. Disability payments ( ) 21. Litigation claims ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (X) 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Number Of Pro. peM 2 Two 1969 Pontiac GTO's 2 199011 Ford Bronco 5 25 26 Payout from Wal-Mart Profit Sharing 401& $11,330.80 See attached list Cemetery lots at Woodlawn Memorial Gardens 2 Names Of All Owners Wilson L. Wolfe, Jr. Wilson L. Wolfe, Jr. Judith A. Wolfe Judith A. Wolfe, Wilson L. Wolfe, Jr. Judith A. Wolfe, Wilson L. Wolfe, Jr. . PROPERTY TRANSFERRED Item Description Date Of Number of Pr_ o M Transfer Consideration Person To Whom Tr LIABILITIES Item Description Number 02=e* Names Of Names Of All Creditors All Debtors 3 NONMARITAL PROPERTY Item Number Description of Property Owner Reason For Exclusion from Marital Proyerty 5 Payout from trust, $18,000 Wilson L. Wolfe, Jr. Received after separation 9 Life Insurance Policy Judith A. Wolfe Purchased before marriage Face Value: $1090.23 Cash Surrender Value: $3010.78 Current Beneficiary: George and Mary King 20 Social Security Disability Judith A. Wolfe Benefits intended to Insurance payments compensate for lost earning capacity Plaintiff reserves the right to correct and/or supplement this Inventory to the extent that she acquires additional information regarding assets and/or liabilities. HOUSEHOLD FURNISHINGS AND PERSONALTY 4 Poster double bed - Cherry Dresser with mirror - Cherry Nightstand with 2 drawers - Cherry Small white stand with 3 drawers Oval dining room table with 5 chairs Living room couch 2 swivel rocker recliners (blue) 2 end tables - maple 1 coffee table - maple 2 table lights 1 floor lamp - brass with glass table 2 five shelf corner unit 1 five shelf stand 1 microwave cart Entertainment center 21" Magnavox portable TV 1 stereo boom box (Sony) 1 Bookcase - oak finish 2 Microwaves Cardinal Collection Water.balls Photo books Tape cassettes/discs Christmas Ornaments Radio 2 Bath towel sets Kitchen Dish Towels Sunbeam Stand Mixer (75th Anniversary Edition) 5 David McClellan 1322 Spring Road Carlisle, PA 17013 (717) 226-8226 I am the Current Owner of A-1 Used Car Dealership and The Detail Shop. I have owned these businesses for about three years. The cleaning, buyin, and sel classic and unique cars constitutes 100% percent of my business. g ling of I have belonged to several clubs and organizations over the years including Antique Auto Club of America., The Long Island Model A Club, The Long Island Oldsmobile Club, Kustom Kemps of America, and The Long Island Chevy Club. I have won several awards for the restoration of classic cars including First. Place in the Javits Center Competition in New York in 1986, two First Place awards at the National Coliseum in Nasaau County Long Island Competition in 1986 and 1987 and a Third lace at the same competition in 1986. I have continued to restore cars since this time. I have owned at least twenty different classic cars. I have helped restore hundreds of classic cars. I have been a mechanic for over thirty years. I: attended General Motors factory trainin school from 1981-1994. I have also received additional tr ' g (Original Equipment Manufacturer Trainin ammg including an OEM g) in of cols paint p from triaining in custom painting from the House hthe oof I have school, and ten different courses provided by GM in mechanical and paint training. taken at least About two years ago, I started working with the Carlisle Fair Grounds, where several widely recognized car shows occur on an annual basis. I prepare cars for auction there. I began appraising cars at about the same time. I have appraised about 20 different cars. The factors I consider when appraising a classic car include the costs included to rebuild the car, the current market, the pricing of similar cars, the attention given to details of accurate restoration such as original color and. NADA (National Automobile Dealers Association of wheels selected for the car, and the Price guide. As a reference I list Bill Miller III the CEO of the Carlisle Fair Grounds, who is involved in organizing car shows at the fair grounds. I hereby certify that this is a true and correct statement of my credentials of classic automobiles. an appraiser IXJ `?? ?-° Date: David McClelle EXHIBIT;,.,.. x? EXHIBIT B ORDER OF COURT: APRIL 28, 2008 It APR tl 20pg? Judith A. Wolfe, Plaintiff/Petitioner, V. Wilson L. Wolfe, Jr., Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN DIVORCE :NO. 06-1150 CIVIL TERM FILE COPY ORDER OF COURT AND. NOW, this 26 day of . . , 2008, upon consideration of the attached Petition for an Interim Partial Distribution of Marital Property, a Rule is hereby issued upon Respondent, to show cause why the relief requested should not be granted. RULE RETURNABLE IN 45 days of service. BY THE COURT, d%ar B. yley, J. ,_. ' t w?sa is t .. do JUDITH A. WOLFE, Plaintiff/Petitioner V. WILSON L. WOLFE, JR., Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE : NO. 06-1150 CIVIL TERM CERTIFICATE OF SERVICE I, Michael A. O'Donnell, Certified Legal Intem, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition to Make Rule Absolute on Mr. 'Wilson L. Wolfe, Jr., residing at 1291 South 28th Street, Apt. 612, Harrisburg, PA 17111, by depositing a co of the same in the United States Mail, postage prepaid. py DATE: ! O -0-0 MICHAEL A. O'DONNELL Certified Legal Intern LUCY OHNSTON-WAL H ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Ms. Judith A. Wolfe, Plaintiff/Petitioner V, Mr. Wilson L. Wolfe, Jr., Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 06-1150 CIVIL TERM PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF A COURT ORDER The Petitioner, Judith A. Wolfe, by her counsel, The Family Law Clinic, hereby petitions this Court for Civil Contempt and respectfully requests that this Court find the Respondent, Wilson L. Wolfe, Jr., in contempt of the Court's July 3, 2008 Order and in support thereof respectfully represents the following: 1. Petitioner filed a Divorce Complaint with a count for Equitable Distribution on February 28, 2006, and served the Respondent on March 6, 2006. 2. Respondent is proceeding pro se in this action. 3. On April 18, 2008, Petitioner filed a Petition for an Order Requiring Respondent to Advance Costs of Appraising Marital Property. 4. On April 28, 2008, this Honorable Court issued a Rule to Show Cause upon Respondent wherein Respondent was given fifteen (15) days to answer. 5. Respondent failed to file an Answer to the Court's April 28, 2008 Order. 6. On July 1, 2008, Petitioner filed a Petition to Make Rule Absolute, and served a copy on Respondent via U.S. Mail on the same day. 7. On July 3, 2008, this Honorable Court issued an Order granting Petitioner's Petition to Make Rule Absolute and Ordered Respondent to advance six-hundred dollars ($600.00) to counsel for Petitioner for the purpose of determining the value of the two (2) 1969 Pontiac GTO vehicles currently in Respondent's possession. This Order is attached as "Exhibit A". 8. On July 10, 2008, counsel for Petitioner mailed a true and correct copy of the July 3, 2008 Order to Respondent. This letter was never returned to Petitioner's counsel by the U.S. Postal Service as "undeliverable." A copy of the July 10, 2008 letter addressed to Respondent is attached as Exhibit "B." 9. Petitioner has sent mail to Respondent at 1291 South 28t` Street, Apartment 612, Harrisburg, PA 17111 throughout the course of this litigation. The U.S. Postal Service has never returned any of the letters to Petitioner's counsel as "undeliverable." 10. On August 14, 2008, Petitioner sent a second letter to the Respondent via certified mail return receipt requested notifying him of the Petitioner's intent to file a petition for contempt due to his failure to forward the cost of the vehicle appraisals. A copy of the August 14, 2008 letter addressed to Respondent is attached as "Exhibit C." 11. The August 14, 2008 letter was returned to Petitioner's Counsel unopened and stamped "unclaimed" on September 2, 2008. 12. The envelope for the letter indicates that notice was left at Respondent's address on August 15, 2008 and August 22, 2008. 13. Respondent has failed to contact counsel for Petitioner and has failed to forward the Court Ordered sum of six-hundred dollars ($600.00). 14. Respondent has therefore failed to comply with this Court's Order of July 3, 2008. WHEREFORE, due to Respondent's failure to comply with the Order of Court dated July 3, 2008, Petitioner requests that this Honorable Court: a. Find Respondent in contempt of the Court's July 3, 2008 Order; b. Assess Respondent a $500.00 penalty for contempt of the Court's Order pursuant to 23 Pa.C.S. § 4346; C. Order Respondent to immediately forward six-hundred dollars ($600.00) for appraisal fees to Petitioner's counsel. d. Award the Petitioner any other relief this Court deems equitable and just. Respectfully submitted, Date: 11 O Am Brac er Certified Legal Intern MEGA RIESMEYER ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 JUL 0 2 2008 JUDITH A. WOLFE, IN THE COURT OF COMMON PLEAS OF PlaintifDPetitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN DIVORCE WILSON L. WOLFE, JR., Defendant/Respondent : No. 06-1150 CIVIL TERM F L ORDER OF COURT AND NOW, this ! ff- y of 2008, upon consideration of the attached Petition to Make Rule Absolute, Petitio er's request is hereby GRANTED. Further, it is hereby ORDERED that Respondent shall advance to counsel for Petitioner, the Family Law Clinic, the amount of $600.00 for the purpose of determining the value of the two (2) vintage automobiles in his possession. BY THE COURT: 1011 Anon A dg B. ley, J. ,,„r PENNSTATE PAM The Dickinson ® School of Law Mr. Wilson L. Wolfe 1291 South 28'' Street Apt. 612 Harrisburg, PA 17111 Re: Our Client: Judith A. Wolfe Case No.: 06-1150 Dear Mr. Wolfe: Family Law Clinic A service to the community by students from Penn State University's Dickinson School of Law July 10, 2008 The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, PA 17013 Office: 717-243-2968 or 717-243-8034 Fax: 717-243-3639 FILE I have enclosed an Order entered on July 3, 2008 by Judge Edgar B. Bayley. This Order requires you to forward the sum of six-hundred dollars ($600.00) to the Family Law Clinic-for the appraisal of the two (2) vintage automobiles in your possession. You have until Monday, July 28, 2008 to forward the ordered sum of money. We will pursue contempt charges if you choose to disregard the enclosed July 3, 2008 Order of Court. As you know, this office represents Judith Wolfe and can offer no legal advice other than to contact your own attorney. Sincerely, Michael A. O'Donnell Certified Legal Intern Enclosure cc: Judith Wolfe An Equal Opportunity University PENNSTATE F 00M, The Dickinson ® School of Law Family Law Clinic A service to the community by students from Penn State University's Dickinson School of Law August 14, 2008 The Dale F. Shugharr' Community Law Center 45 North Pitt Street Carlisle, PA 17013 Office: 717-243-2968 or 717-243-8034 Fax: 717-243-3639 Via Certified Mail Return Receipt Requested Mr. Wilson L. Wolfe 1291 South 28th Street Apt. 612 Harrisburg, PA 17111 Re: Our Client: Judith A. Wolfe Dear Mr. Wolfe: Enclosed please find a copy of the letter I sent to the above address on July 10, 2008. You will note that I asked you to forward $600.00 to this office for the costs of appraising two (2) 1969 Pontiac GTO vehicles currently in your possession. I asked you to forward this sum of money to the Clinic by the close of business on July 28, 2008. You have failed to do so. Your failure to forward the money is in violation of an Order of Court entered by Judge Edgar Bayley on July 3, 2008. Your failure to comply with Judge Bayley's Order leaves us with no choice but to petition the Court to find you in contempt. If found in contempt, you could be subject to additional monetary fines and possible criminal charges. Please contact the clinic immediately if you wish to resolve this dispute. We will be filing our Petition for Contempt within one (1) week. Thank you for your attention to this matter. Sincerely, -Alal-11V Michael A. O'Donnell Certified Legal Intern Enclosure cc: Ms. Judith Wolfe An Equal Opportunity University VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date Am ra Certified Legal Intern Judith A. Wolfe, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CONTEMPT Wilson L. Wolfe, Jr., Defendant : NO. 06-1150 CIVIL TERM CERTIFICATE OF SERVICE I, Amy Bracher, hereby certify that I am serving a true and correct copy of the Petition for Civil Contempt for Disobedience of Court Order and sanctions under 23 Pa.C.S. § 4346 on Wilson Wolfe at 1291 South 28th Street, Apartment 612, Harrisburg, PA 17111 on Thursday, September 11, 2008 by first class United States Mail. Date: l! O Am acher Certified Legal Intern -G THOMAS M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ns rn.rrr ?„?, ? C rs t JUDITH A. WOLFE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WILSON L. WOLFE, JR., DEFENDANT : 06-1150 CIVIL TERM ORDER OF COURT AND NOW, this _ &4' day of September, 2008, a Rule is entered against Wilson L. Wolfe, Jr., to show cause why he should not be adjudicated in civil contempt for failing to comply with a court order of July 3, 2008. Rule returnable at a hearing to be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 3:30 p.m., Monday, October 6, 2008. Wilson L. Wolfe, Jr., is ordered to appear at this hearing or a warrant will be issued to secure his attendance. By the Court, ZAmy Bracher, Certified Legal Intern Family Law Clinic For Plaintiff ? Wilson L. Wolfe, Jr., Pro se 1291 South 28th Street Apt. 612 Harrisburg, PA 17111 :sal CoP es rnat LCL Edgar B. Bayley,'J. .*. Ltj tA- N U JUDITH A. WOLFE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW WILSON L. WOLFE, JR., Defendant 06-1150 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of October, 2008, a rule having been entered against Wilson L. Wolfe, Jr., to show cause why he should not be adjudicated in civil contempt for failing to comply with the Court order of July 3, 2008, the hearing scheduled for this date is continued until Monday, November 3, 2008, at which time Wilson L. Wolfe, Jr., is ordered to appear in Courtroom No. 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at 3:30 p.m., or a warrant will be issued to secure his attendance. Plaintiff shall have Defendant verbally served wit s order. B the Cou , Edgar B. ayle , J. /Amy Bracher, Certified Legal Intern Family Law Clinic Megan Riesmeyer, Esquire, Supervising Attorney For the Plaintiff ?ilson L. Wolfe, Jr., Defendant pro Se 1291 South 28th Street Apt. 612 Harrisburg, PA 17111 pcb 06F 1;2z ink c LCCL ? `_`S s_ ?. r .> e ? S ? t. 13,_ .. ?? f? ?? S ?.' t ?'? w L3? ?? N Judith A. Wolfe, : IN THE COURT OF COMMON PLEAS OF Plaintiff/ Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Wilson L. Wolfe, Jr., : Defendant/ Respondent NO. 06-1150 CIVIL TERM PETITION TO PROCEED IN FORMA PAUPERIS Petitioner, Judith A. Wolfe, pursuant to Pa. R.C.P. 240, hereby petitions to proceed In Forma Pauperis in the above captioned matter and in support thereof states the following: 1. The Family Law Clinic believes the petitioner is unable to pay the costs of this action and is providing her free legal service. 2. On February 28, 2006, The Family Law Clinic filed a Praecipe to Proceed In Forma Pauperis with the Prothonotary in the above captioned matter. 3. An Order was issued on October 6, 2008, directing the Respondent to appear for a hearing on November 3, 2008 at 3:30 p.m. 4. Notice of this hearing is to be verbally served on the Defendant by the Cumberland County Sheriff. 5. The Cumberland County Sheriff requires an Order of Court allowing the petitioner to proceed In Forma Pauperis before waiving the fee for Sheriff's Service in Cumberland County. WHEREFORE, pursuant to Pa. R.C.P. 240, the Family Law Clinic respectfully requests that the Court allow the Petitioner to proceed In Forma Pauperis. Respectfully Submitted, Date: /v Amy aches Certified Legal Intern Megan R66meyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verify that the statements made in this Petition to Proceed In Forma Pauperis are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: J0 L-xjlo? Am racher Certified Legal Intern Meg iesmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 JUDITH A. WOLFE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW WILSON L. WOLFE, JR., Defendant 06-1150 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of October, 2008, a rule having been entered against Wilson L. Wolfe, Jr., to show cause why he should not be adjudicated in civil contempt for failing to comply with the Court order of July 3, 2008, the hearing scheduled for this date is continued until Monday, November 3, 2008, at which time Wilson L. Wolfe, Jr., is ordered to appear in Courtroom No. 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at 3:30 p.m., or a warrant will be issued to secure his attendance. Plaintiff shall have Defendant verbally served wit s order. B "the Cou , _ . 7 ar B " 79ayl e?J .. Amy Bracher, Certified Legal Intern Family Law Clinic Megan Riesmeyer, Esquire, Supervising Attorney For the Plaintiff Wilson L. Wolfe, Jr., Defendant pro Se 1291 South 28th Street Apt. 612 Harrisburg, PA 17111 pcb C C..C'•u?efiib.? .( Judith A. Wolfe, Plaintiff V. Wilson L. Wolfe, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE NO. 06 - 1150 CIVIL TERM CERTIFICATE OF SERVICE I, Amy Bracher, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition to Proceed In Forma Pauperis on Wilson L. Wolfe, Jr., residing at, 1291 South 28 h Street, Apartment 612, Harrisburg, PA 17111 by depositing a copy of the same in the United States mail on October 20, 2008. Am Bracher Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 c? f,,, ? q " •?+??? . 4T?;???.?,. '_„7 '{ f ?2 --4 .? w..? .. ?, k?? y,!ti ?,.? t.?i ? %'"' i J ? 7.. ` .. ?,? t ..am e.? 1 OCT -12008, Judith A. Wolfe, IN THE COURT OF COMMON PLEAS Plaintiff/ Petitioner OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW IN DIVORCE Wilson L. Wolfe, Jr., ; Defendant/ Respondent No. 06-1150 CIVIL TERM ORDER OF COURT AND NOW, this2Z day o4-"4008, upon Petitioner's Petition to Proceed In Forma Pauperis, it is hereby ordered and directed as follows: 1. The Petitioner, Judith A. Wolfe, may proceed In Forma Pauperis in the above captioned matter. BY ZFAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17103 ? Wilson Wolfe, Jr. 1291 South 28`" Street Apt. 612 Harrisburg, PA 17111 lOl?,3`d g 1 cAs . C?( M a Cs- or ` j " JUDITH A. WOLFE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. WILSON L. WOLFE, JR., DEFENDANT 06-1150 CIVIL TERM ORDER OF COURT AND NOW, this Arcx day of November, 2008, personal service having not been made on the Rule entered on September 16, 2008, for defendant to appear for a petition for contempt this date, IT IS ORDERED that the Rule is reissued against Wilson L. Wolfe, Jr., to show cause why he should not be adjudicated in civil contempt for failing to comply with a court order of July 3, 2008. Rule returnable at a hearing to be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 8:45 a.m., Friday, December 5, 2008. Wilson L. Wolfe, Jr., is ordered to appear at this hearing or a warrant will be issued to secure his attendance. Amy Bracher, Certified Legal Intern Family Law Clinic For Plaintiff By the :sal ?_? " L O k % y y f`--y' C J eta l-~ .w i may / } `_ S`^y f.t nv v 17 ti W Jar'' ti t SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-01150 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WOLFE JUDITH A VS WOLFE WILSON L JR R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named RESPONDANT WOLFE WILSON L JR but was unable to locate Him deputized the sheriff of DAUPHIN to wit: in his bailiwick. He therefore serve the within ORDER OF COURT County, Pennsylvania, to On November 7th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 .00 So answer R. Thomas line Sheriff of?Cumberland County 3 7. 0 0 ?/ t/ b'1 16 F ?.- 00/00/0000 FL Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland. County, Pennsylvania Judith A. Wolfe vs. Wilson L. Wolfe Jr. 06-1150 civil No. Now. October 27, .Zoos I. SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sworn and subscribed before me this day of , 20 Sheriff of County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT tl t o e _ Mary Jane Snyder Real Estate Depu y William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin JUDITH A WOLFE VS WILSON L WOLFE, JR Sheriff s Return No. 2008-T-2271 OTHER COUNTY NO. 06-1150 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for WILSON L WOLFE, JR the DEFENDANT named in the within ORDER and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, NOVEMBER 3, 2008. SEVERAL ATTEMPTS WERE MADE WITH NO REPLY; PAPERS EXPIRED Sworn and subscribed to before me this 3RD day of November, 2008 NOTARIAL SEAL MARYJANESNYDM Notary Publi Hiphspire, Dauphin County Ivy Co ssion Expires Sept 1, 2010 So Answers, Sheriff of Ikauphin ounty, By Deputy Sh Deputy: G MILLER Sheriffs Costs: $ PAID BY COUNTY I 1& i 0 JUDITH A. WOLFE, Plaintiff V. WILSON L. WOLFE, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 06-1150 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of October, 2008, a rule having been entered against Wilson L. Wolfe, Jr., to show cause why he should not be adjudicated in civil contempt for failing to comply with the Court order of July 3, 2008, the hearing scheduled for this date is continued until Monday, November 3, 2008, at which time Wilson L. Wolfe, Jr., is ordered to appear in Courtroom No. 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at 3:30 p.m., or a warrant will be issued to secure his attendance. Plaintiff shall have Defendant verbally served wit s order. the Cou Edgar B. ayle , J. Amy Bracher, Certified Legal Intern Family Law Clinic Megan Riesmeyer, Esquire, Supervising Attorney For the Plaintiff Wilson L. Wolfe, Jr., Defendant pro Se 1291 South 28th Street Apt. 612 Harrisburg, PA 17111 pcb rhk -ft, Ms. Judith A. Wolfe, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN DIVORCE Mr. Wilson L. Wolfe, Jr., Defendant NO. 06 - 1150 CIVIL TERM AFFIDAVIT OF SERVICE I, Victor Davidson, certified legal intern, hereby certify that I attempted to personally serve a true and correct copy of the November 3, 2008 Order of Court, on Wilson L. Wolfe, Jr., at 1291 South 28th Street, Harrisburg, PA 17111 at 2:00 p.m. on December 2, 2008. Mr. Wolfe did not respond to my attempts to personally serve the court orders so I pushed the materials under his front door and into his home. I verify that the statements made in this Affidavit of Service are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: °f v?- r Vicfor Davidson Certified Legal Intern, Family Law Clinic ? J Am r tt? `? ? ? JUDITH A. WOLFE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. WILSON L. WOLFE, JR., DEFENDANT 06-1150 CIVIL TERM ORDER OF COURT AND NOW, this Q? day of December, 2008, the Rule entered against Wilson L. Wolfe, Jr., to show cause why he should not be adjudicated in civil contempt for failing to comply with a court order of July 3, 2008, IS MADE ABSOLUTE. A citation in contempt is issued against Wilson L. Wolfe, Jr., for which a final adjudication will be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania on Wednesday, December 31, 2008, at 11:00 a.m. my Bracher, Certified Legal Intern Family Law Clinic For Plaintiff _dGilliam L. Wolfe, Jr. 1291 South 28th Street Harrisburg, PA 17111 J :sal ?' cra E ? 1 LIJ L N SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-01150 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WOLFE JUDITH A VS WOLFE WILSON L JR R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named RESPONDANT WOLFE WILSON L JR to wit: but was unable to locate Him deputized the sheriff of DAUPHIN serve the within ORDER OF COURT County, Pennsylvania, to On December 16th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 .00 nn J , VV 00/00/0000 F LAW So answ„e, s-- R. Thomas Kline Sheriff of Cumberland County Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. In The Court of Common Fleas of Cumberland County, Pennsylvania: Judith A. Wolfe vs. Wilson L. Wolfe Jr. No. 06-1150 civil Now, Novi rmber 12, 2008 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a and made known to So answers, Sworn and subscribed before me this day of , 20, copy of the original the contents thereof. Sheriff of COSTS SERVICE $ MILEAGE _ AFFIDAVIT County, PA (ptlitt of t4v ?Shcrfr Mary Jane Snyder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Commonwealth of Pennsylvania County of Dauphin Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy JUDITH WOLFE VS WILSON L WOLFE, JR Sheriff s Return No. 2008-T-2367 OTHER COUNTY NO. 06-1150 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for WILSON L WOLFE, JR the DEFENDANT named in the within ORDER and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, DECEMBER 4, 2008. SEVERAL ATTEMPTS WERE MADE WITH NO REPLY Sworn and subscribed to So Answers, before me this 5TH day of December, 2008 ?? AT? NOTARIAL SEAT, ARY JANE SNYDER, Notary Publi Hignspire, Dauphir_ County m Commission Expires Sept 1, 2010 Sheriff of Dauphin County, Pa. i By Deputy eriff Deputy: R HOPKINS Sheriffs Costs: $ PAID BY COUNTY JUDITH A. WOLFE, PLAINTIFF V. WILSON L. WOLFE, JR., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-1150 CIVIL TERM ORDER OF COURT AND NOW, this AV;A- day of November, 2008, personal service having not been made on the Rule entered on September 16, 2008, for defendant to appear for a petition for contempt this date, IT IS ORDERED that the Rule is reissued against Wilson L. Wolfe, Jr., to show cause why he should not be adjudicated in civil contempt for failing to comply with a court order of July 3, 2008. Rule returnable at a hearing to be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 8:45 a.m., Friday, December 5, 2008. Wilson L. Wolfe, Jr., is ordered to appear at this hearing or a warrant will be issued to secure his attendance. By the Carr -, - ? Edgar B. Bayley, J. Amy Bracher, Certified Legal Intern Family Law Clinic For Plaintiff sal Con t >? idav ? y Judith A. Wolfe, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Wilson L. Wolfe, Jr., Defendant NO. 06 - 1150 CIVIL TERM CERTIFICATE OF SERVICE I, Nicole Berman, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Order of Court on Wilson L. Wolfe, Jr., by depositing a copy of the same in the United States mail addressed to 1291 South 28th Street, Apartment 612, Harrisburg, Pennsylvania 17111 on December 22, 2008. Nicole Berman Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 JUDITH A. WOLFE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW WILSON L. WOLFE, JR., Defendant 06-1150 CIVIL TERM ORDER OF COURT AND NOW, this 31st day of December, 2008, this matter having been called for a hearing for a final adjudication on a petition for contempt, Wilson L. Wolfe, Jr., is adjudicated in contempt of this Court's order of July 3, 2008, requiring him to advance to counsel for the Petitioner, the Family Law Clinic, $600 for the purpose of determining the value of two vintage automobiles in his possession. The Defendant is committed to the Cumberland County Prison, and the condition of purge is that he pay $600 to counsel for Petitioner as required by the order of July 3, 2008. The prothonotary shall issue a body attachment directing the sheriff to take the Defendant into custody and bring him before the court for the purpose of commitment to the Cumb?a my Prison. By t<e-?`ou ? Amy Bracher, Certified Legal Intern Family Law Clinic For the Plaintiff -Wilson L. Wolfe, Jr., Defendant pro Se 1291 South 28th Street Apt. 612 Harrisburg, PA 17111 pcb m?cICCL J. f _' .*+`'> t"`-a c.? #3 .;..? w k .- v ., "' S Via? Judith A. Wolfe Plaintiff vs. Wilson L. Wolfe, Jr. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTIO N - LAW CASE NO. 06-1150 CIVIL BENCH WARRANT TO THE SHERIFF OF CUMBERLAND COUNTY: You are hereby commanded by the Court of Common Pleas of Cumberland County, Civil Division, to take Wilson L. Wolfe, Jr who stands charged in said Court for requiring him to advance to counsel for the Petititoner, the Family Law Clinic, $600 for the purpose of determining the value of two vintage automobiles in his possession, and forthwith bring the said person before the court, or one of the Judges thereof, for the purpose of commitment to the Cumberland County Prison. Witness this 5th day of January, A.D., 2009. Address: 1291 South 28`" Street - Apt. 612 Harrisburg, PA 17111 DOB: S.S.# SEX: RACE: HT: WT: EYES: HAIR: s^ TRU7 in Testimr,;-. and_tha z a e untr, Set my hand V VCarlisle, Pa. RECEIPT FOR PAYMENT Cumberland County Prothonotary's Office Carlisle, Pa 17013 Receipt Date 6/03/2009 Receipt Time 14:57:37 Receipt No. 226153 WOLFE JUDITH A (VS) WOLFE WILSON L JR Case Number 2006-01150 Received of RKS ORDERED BY J GUIDO Total Non-Cash..... + 600.00 Total Cash......... + .00 Change ............. - .00 Receipt total...... _ $600.00 Check# 110145078 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount SECURITY 600.00 PROTHONOTARY ESCROW $600.00 DOCUMENT HAS AN Pay to the order of PROTHONOTARY OFFICE OF CUMBERLAND COUNTY EXACTLY **600 AND 00/100 DOLLARS DRAINER: SUSDDENANNA K 8 M 0: ISSUED BY. MONEYGRAM PAYMENTS SYSTEMS. INC. P.O. BOX 0476 MI NEAPOUB MN 66M DRAWEE: BOSTON SAFE DEPOSIT & TRUST COMPANY BOSTON. MA R'0 L LO 4 50 7811' 1:0 L 1100 70 9 21:011600 L 208 9 119011' OLD 115C M . c - Z $********600.00 A8804CE OF THIS FEATURE WILL INDICATE A COPY. rr1pa 110145078 Ila Date: 6/03/09 1 JUDITH A. WOLFE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1150 CIVIL TERM WILSON L. WOLFE, JR., CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this 3rd day of June, 2009, the Defendant is directed to appear before Judge Bayley on Monday, June 15, 2009, at 9:00 a.m., in Courtroom No. 2 of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, for commitment of sentence. Security is set in the amount of $600.00. Family Law Clinic For the Plaintiff '1 Wilson L. Wolfe, Jr. 1291 South 28th Street Apartment 612 Harrisburg, PA 17111 Sheriff CCP The Honorable Edgar B. Bayley / stinrs ?-D l £.S ?Yt? l t?tA. r q By the Court, 'i ??, CONMONWEALTH OF PENNSYLVANIA Vs Wilson L. Wolfe, Jr. In the Court of Common Pleas Cumberland County, Pennsylvania CR-2006-1150 I, Shannon Shertzer, Deputy Sheriff, being duly sworn by law says that on 06/03/2009 the above named defendant was picked up at his residence in Harrisburg and transported to the Cumberland County Courthouse. Defendant paid 600.00 bail set by Judge Guido and was released. Sheriff Cost: $ 0.00 So answers, r U"j M X R. Thomas Kline, Sheriff By d/l? Dep y Shann n Shertzer L Z :Z d S - NVr 6001 Vd '},1 h 33183HS 311,. ?? , :i) Judith A. Wolfe Plaintiff vs. Wilson L. Wolfe, Jr. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CASE NO. 06-1150 CIVIL BENCH WARRANT TO THE SHERIFF OF CUMBERLAND COUNTY: You are hereby commanded by the Court of Common Pleas of Cumberland County, Civil Division, to take Wilson L. Wolfe, Jr who stands charged in said Court for requiring him to advance to counsel for the Petititoner, the Family Law Clinic, $600 for the purpose of determining the value of two vintage automobiles in his possession, and forthwith bring the said person before the court, or one of the Judges thereof, for the purpose of commitment to the Cumberland County Prison. Witness this 5th day of January, A.D., 2009. Address: 1291 South 28`" Street - Apt. 612 Harrisburg, PA 17111 DOB: S.S.# SEX: RACE: HT: WT: EYES: HAIR: TRJ7 In Testimor-:- sn he seal of said Q r ......,J "v RECORD unto set my hand qrt aJCarlisle, Pa. 1 JUDITH A. WOLFE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. WILSON L. WOLFE, JR., DEFENDANT 06-1150 CIVIL TERM ORDER OF COURT AND NOW, this ffli- day of June, 2009, IT IS ORDERED that the Prothonotary disburse the $600 deposited with it pursuant to an order of June 3, 2009, to the Family Law Clinic pursuant to the order entered on January 3, 2008. By the Edgar B. 8aylLry, J. v+Zamily Law Clinic For Plaintiff Ailson Wolfe Jr. 1291 South 28th Street Harrisburg, PA 17111 sal OF THE 2004 JUN, 15 AN r ! : 2 J Gl1 d INTY CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY J.872 ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 DATE dUAM f 17 A I%(V'09 l/? x'1503/313 PAY TO THE ORDEROF Family T.aw r1 inin $ 600.00 PRVOTMONOTARYt?C?O # J9 OO+y4 DOLLARS OR MOWN BANK 06-1150 "release security" - Wolfe vs Wolfe -- -- -------"' 111001E172,18 1:0 3 13 150 361: L08 L L L L Ins 090114C6172009 Cumberland County Prothonotary's Office Page 1 PYS405 Manual Release Check Register 6/17/2009 Escrow Tran Date Distribution Case No Accounting Amount Date Release -------------------------------------------------------------------------------- 3962 FAMILY LAW CLINIC Check Date: 06/17/2009 Check No.: 1872 SECURITY 2006- 01150 PYMT/CHECK 600.00 6/03/2009 Payee total: 600.00 -------------------------------------------------------------------------------- Grand total: 600.00 Judith A. Wolfe, IN THE COURT OF COMMON PLEAS Plaintiff/ Petitioner OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW DIVORCE Wilson L. Wolfe, Jr., ; Defendant/ Respondent No. 06-1150 CIVIL TERM PETITION TO DISTRIBUTE PROPERTY Petitioner, Ms. Judith A. Wolfe, through her attorneys, the Family Law Clinic, respectfully requests that this Court distribute the marital property in the form of a Vintage Yellow 1969 Pontiac GTO or the sum of $17,400 to Petitioner. During the course of the marriage, Respondent purchased a Blue 1969 Pontiac GTO and a Yellow 1969 Pontiac GTO. Petitioner requests that these assets be divided with Petitioner receiving title to or the estimated auction value of the Yellow GTO. In support of her petition, Petitioner avers the following: 1. Petitioner filed a Divorce Complaint with a count for Equitable Distribution on February 28, 2006, and served the Respondent on March 6, 2006. 2. Respondent is proceeding pro se in this action. 3. On October 29, 2007, this Honorable Court directed Respondent to allow attorneys for Petitioner access to the vehicles to take pictures in an effort to assess their value. 4. The Family Law Clinic provided the pictures to an appraiser, David McClellen, who advised the Family Law Clinic that an in person examination would be required before he could determine the value of the Vehicles. The appraisal of both Vehicles could be achieved by Mr. McClellan for $600. 5. On April 18, 2008, Petitioner filed a Petition for an Order Requiring Respondent to Advance Costs of Appraising Marital Property. 6. On April 28, 2008, this Honorable Court issued a Rule to Show Cause upon Respondent wherein Respondent was given fifteen (15) days to answer. 7. Respondent failed to file an Answer to the Court's April 28, 2008 Order. 8. On July 1, 2008, Petitioner filed a Petition to Make Rule Absolute, and served a copy on Respondent via U.S. Mail on the same day. 9. On July 3, 2008, this Honorable Court issued an Order granting Petitioner's Petition to Make Rule Absolute and Ordered Respondent to advance six-hundred dollars ($600.00) to counsel for Petitioner for the purpose of determining the value of the two (2) 1969 Pontiac GTO vehicles currently in Respondent's possession. A copy of this Order is attached as "Exhibit A." 10. On December 31, 2008, this Honorable Court found Respondent in contempt of the July 3, 2008 Order for failure to pay the appraisal fee. Under this contempt order, Respondent was to be committed to the Cumberland County Prison, and the condition of purge was that Respondent pay $600 to Petitioner's counsel as required by the July 3, 2008 order. A copy of this Order is attached as "Exhibit B." 11. On June 3, 2009, Respondent was ordered to appear before The Honorable Edgar B. Bayley for commitment of sentence. 12. On June 15, 2009, this Honorable Court ordered the Prothonotary disburse the $600 to the Family Law Clinic. 13. The Family Law Clinic could not get in contact with David McClellan in the Summer of 2009. 14. In August 2009, The Family Law Clinic contacted David Feldgus, principle owner of Crazy Cars, LLC, a Licensed Pennsylvania Vehicle Dealer, and a Licensed Pennsylvania State Auctioneer for the purpose of determining a value of the vehicles. 15. On September 29, 2009, Certified Legal Intern, Sarah Rosko, met with Mr. Feldgus to obtain his estimated value of the Vehicles based on previously obtained pictures of the Vehicles. 16. In Mr. Feldgus' opinion, the Blue GTO's auction value is approximately $16,000, and the Yellow GTO's auction value is approximately $18,000. 17. The Family Law Clinic contacted Respondent via U.S. first class mail on September 1, 2009 and again on October 26, 2009, requesting Respondent to set up a date and time to have the Vehicles appraised in person. 18. On November 2, 2009, the Family Law Clinic received a letter from Respondent refusing to allow any appraisal to be performed on the Vehicles. A Copy of this letter is attached as "Exhibit C." WHEREFORE, due to Respondent's refusal to have an appraisal performed, Petitioner requests that this Honorable Court: a. Award Petitioner title to the Yellow 1969 Pontiac GTO or $18,000, the estimated auction value of the Vehicle, minus the $600 already received, to be paid to Petitioner by Respondent. b. Award Petitioner any other relief this Court deems equitable and just. Respectfully Submitted, Sarah Rosko, Certified Legal Intern r Meg Riesmeyer, Supervising Attorney Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Phone: (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authories. Date: 1/ 4stu4ith A. Wolfe EXHIBIT A JUL 0 2 2008 JUDITH A. WOLFE, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN DIVORCE WILSON L. WOLFE, JR., Defendant/Respondent : No. 06-1150 CIVIL TERM F' L ORDER OF COURT AND NOW, this 2?y of lj4jv , 2008, upon consideration of the attached Petition to Make Rule Absolute, Petitio er's request is hereby GRANTED. Further, it is hereby ORDERED that Respondent shall advance to counsel for Petitioner, the Family Law Clinic, the amount of $600.00 for the purpose of determining the value of the two (2) vintage automobiles in his possession. BY THE COURT: 1,0,11.M^ A a"r y A e B. ley, J. t it-= ..? a 54 s'S {{++ a?e EXHIBIT Waal" Y W M1 ? EXHIBIT $ JUDITH A. WOLFE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. WILSON L. WOLFE, JR., CIVIL ACTION - LAW Defendant 06-1150 CIVIL TERM ORDER OF COURT AND NOW, this 31st day of December, 2008, this matter having been called for a hearing for a final adjudication on a petition for contempt, Wilson L. Wolfe, Jr., is adjudicated in contempt of this Court's order of July 3, 2008, requiring him to advance to counsel for the Petitioner, the Family Law Clinic, $600 for the purpose of determining the value of two vintage automobiles in his possession. The Defendant is committed to the Cumberland County Prison, and the condition of purge is that he pay $600 to counsel for Petitioner as required by the order of July 3, 2008. The prothonotary shall issue a body attachment directing the sheriff to take the Defendant into custody and bring him before the court for the purpose of commitment to the Cumbex-1 i By ,the ou rar , V . Amy Bracher, Certified Legal Intern Family Law Clinic For the Plaintiff Wilson L. Wolfe, Jr., Defendant pro Se 1291 South 28th Street Apt. 612 Harrisburg, PA 17111 ty Prison. f pcb rf-T LCOPY FROM RECORU R i +"' ; ^,^?? S md. I hm wo sett mil hart "E . at C K". f. EXHIBIT r ?. o? ?oJ EXHIBIT Co lo-ag_a00 9 G ILA- I EXHIBIT c, Ny I J%-t; C4A? rz?4 A J w /17.-k- ../f/11?.. J d • rte. ,?..? ? OU. ?l. Pte. ,?, AIL V :,L ou .. WY - l J..Mn - 41". 44 ka, 0-,.? Aix, wLy- 4,,.q L , Lj,.,- Jw I-(DN ri J-L-??, 04 9-.-. 'A - ?- 4 t-q,? -ice, -t,4 jA , /- h X1. 1. .l e-n1 7L -F Al ?-0. Ala, L-A jut,,V? - G., ? -'?L (a'? - ;4 P-..t Z-L ce, Mv? ?T oc _r/Ll M. ? o a.-?-. - c7 1 A0 ?° - -?-.sue .,. -t--t? Cam, ?-L I ?"'`e• .j...... •.- ?ao..?.o V j , -4,4 , 2? It" Tom, k CLO P4??? 4 R c-) 1- x#-o - lk. A..? .,_ LLL I ? - cv-J, i ?'o Wa.h ?6eo .? o•,, ?? `a Ca.. a;t p,,,?,a It?-1 000 ,?- .?- ? ---rte lj? ,, _ ? d Jam. ? r+? o?GO .? e Y?-o,? ? ? OQ ado ?, ? ? ?)t?- tx 5es,-WA4t f ~•~ A ?? ,?? ,'vim-?.v:.. Qx'°?-,?" ? ?'?,,,,? d,?.t ` ?` -,.a.? °?? - +??- ?-. .-Zo ,K. -roj - Judith A. Wolfe, IN THE COURT OF COMMON PLEAS Plaintiff/ Petitioner OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW DIVORCE Wilson L. Wolfe, Jr., Defendant/ Respondent No. 06-1150 CIVIL TERM CERTIFICATE OF SERVICE I, Sarah Rosko, hereby certify that I am serving a true and correct copy of the Petition to Distribute Property on Wilson Wolfe at 1291 South 28a' Street, Apartment 612, Harrisburg, PA 17111 on November 12, 2009 by first class United States Mail. Date: u 4 Sarah Rosko Certified Legal Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 2 n09 12 i i` i 3 Judith A. Wolfe, IN THE COURT OF COMMON PLEAS Plaintiff/ Petitioner OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW DIVORCE Wilson L. Wolfe, Jr., Defendant/ Respondent No. 06-1150 CIVIL TERM ORDER OF COURT AND NOW this day of 2009, upon consideration of the Petitioner's Petition to Distribute Property, it is ordered that Respondent transfer title of the Yellow 1969 Pontiac GTO or pay Petitioner $18,000, the estimated auction value of the Yellow 1969 Pontiac GTO, minus the $600 already received. Respondent shall transfer the title of the Yellow 1969 Pontiac GTO or pay $17,400 to Petitioner within days of this Order of Court. J. 4D o A Wes- ?JU Vv \ If I)b / oc? 9 a a,C F *Ir Fr C? Hi1?,"DTARY 2009 NOV 16 P I *- 16 Ms. Judith A. Wolfe, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. rn -? CIVIL ACTION- LAW IN Z" cnr ? DIVORCE Mr. Wilson L. Wolfe, Jr., Defendant No. 06-1150 CIVIL TERM C.0 * C MOTION FOR APPOINTMENT OF MASTER Ms. Judith A. Wolfe, Plaintiff, moves the court to appoint a Master with respect to the following claims: (X) Divorce (X) Distribution of Property () Annulment () Support () Alimony () Counsel Fees () Alimony Pendente Lite () Costs and Expenses Plaintiff, in support of the motion, states: 1. Discovery is complete as to the claim for which the appointment of a master is requested. 2. The defendant has appeared in the action personally. 3. The Statutory grounds for divorce are: 3301(d), the marriage is irretrievably broken and the parties have lived separate and apart for more than two years; 3301(a)(6) Defendant has offered such indignities to Plaintiff, an injured and innocent spouse, as to render her condition intolerable and life burdensome. 4. The action is contested with respect to the following claims: how the marital property should be distributed, specifically two vintage GTO automobiles. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 2 hours. 7. Additional information, if any, relevant to the motion: none. Date: January 29, 2010 Me Anderson Certified Legal Intern ell Meg esmeyer, Esq. Supervising Attorney Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Judith A. Wolfe, Plaintiff/ Petitioner V. Wilson L. Wolfe, Jr., Defendant/ Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DIVORCE : No. 06-1150 CIVIL TERM CERTIFICATE OF SERVICE I, Meghan Anderson, hereby certify that I am serving a true and correct copy of the Motion for Appointment of Master on Wilson Wolfe at 1291 South 28d' Street, Apartment 612, Harrisburg, PA 17111 on February 5, 2010 by first class United States Mail. Date: ?% vN 5 v?10 Meghan Anderson Certified Legal Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Judith A. Wolfe, Plaintiff/ Petitioner V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, c o PENNSYLVANIA. r 1 !??'. rrl CIVIL ACTION - LAW ;J DIVORCE -' Wilson L. Wolfe, Jr., Defendant/ Respondent No. 06-1150 CIVIL TERM c._ h, 0 PETITION TO DISTRIBUTE PROPERTY Petitioner, Ms. Judith A. Wolfe, through her attorneys, the Family Law Clinic, respectfully requests that this Court schedule a hearing to determine the distribution of the marital property in the form of a Vintage Yellow 1969 Pontiac GTO or the sum of $17,400 to Petitioner. During the course of the marriage, Respondent purchased a Blue 1969 Pontiac GTO and a Yellow 1969 Pontiac GTO. Petitioner requests that these assets be divided with Petitioner receiving title to or the estimated auction value of the Yellow GTO. In support of her petition, Petitioner avers the following: 1. Petitioner filed a Divorce Complaint with a count for Equitable Distribution on February 28, 2006, and served the Respondent on March 6, 2006. 2. Respondent is proceeding pro se in this action. 3. On October 29, 2007, this Honorable Court directed Respondent to allow attorneys for Petitioner access to the vehicles to take pictures in an effort to assess their value. 4. The Family Law Clinic provided the pictures to an appraiser, David McClellen, who advised the Family Law Clinic that an in person 'xy3 C? v? examination would be required before he could determine the value of the Vehicles. The appraisal of both Vehicles could be achieved by Mr. McClellan for $600. 5. On April 18, 2008, Petitioner filed a Petition for an Order Requiring Respondent to Advance Costs of Appraising Marital Property. 6. On April 28, 2008, this Honorable Court issued a Rule to Show Cause upon Respondent wherein Respondent was given fifteen (15) days to answer. 7. Respondent failed to file an Answer to the Court's April 28, 2008 Order. 8. On July 1, 2008, Petitioner filed a Petition to Make Rule Absolute, and served a copy on Respondent via U.S. Mail on the same day. 9. On July 3, 2008, this Honorable Court issued an Order granting Petitioner's Petition to Make Rule Absolute and Ordered Respondent to advance six-hundred dollars ($600.00) to counsel for Petitioner for the purpose of determining the value of the two (2) 1969 Pontiac GTO vehicles currently in Respondent's possession. A copy of this Order is attached as "Exhibit A." 10. On December 31, 2008, this Honorable Court found Respondent in contempt of the July 3, 2008 Order for failure to pay the appraisal fee. Under this contempt order, Respondent was to be committed to the Cumberland County Prison, and the condition of purge was that Respondent pay $600 to Petitioner's counsel as required by the July 3, 2008 order. A copy of this Order is attached as "Exhibit B." 11. On June 3, 2009, Respondent was ordered to appear before The Honorable Edgar B. Bayley for commitment of sentence. 12. On June 15, 2009, this Honorable Court ordered the Prothonotary disburse the $600 to the Family Law Clinic. 13. The Family Law Clinic could not get in contact with David McClellan in the Summer of 2009. 14. In August 2009, The Family Law Clinic contacted David Feldgus, principle owner of Crazy Cars, LLC, a Licensed Pennsylvania Vehicle Dealer, and a Licensed Pennsylvania State Auctioneer for the purpose of determining a value of the vehicles. 15. On September 29, 2009, Certified Legal Intern, Sarah Rosko, met with Mr. Feldgus to obtain his estimated value of the Vehicles based on previously obtained pictures of the Vehicles. 16. In Mr. Feldgus' opinion, the Blue GTO's auction value is approximately $16,000, and the Yellow GTO's auction value is approximately $18,000. 17. The Family Law Clinic contacted Respondent via U.S. first class mail on September 1, 2009 and again on October 26, 2009, requesting Respondent to set up a date and time to have the Vehicles appraised in person. 18. On November 2, 2009, the Family Law Clinic received a letter from Respondent refusing to allow any appraisal to be performed on the Vehicles. A Copy of this letter is attached as "Exhibit C." WHEREFORE, Petitioner requests that this Honorable Court schedule a hearing to address the following issues: a. Award Petitioner title to the Yellow 1969 Pontiac GTO or $18,000, the estimated auction value of the Vehicle, minus the $600 already received, to be paid to Petitioner by Respondent. b. Award Petitioner any other relief this Court deems equitable and just. Respectfully Submitted, ? han Anderson, Ce 'fied Leg411tern Meg esm, Supervising Attorney Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Phone: (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authories. Date: - - [ 6 Judith A. Wolfe JUL 0 2 2008 JUDITH A. WOLFE, - : IN THE COURT OF COMMON PLEAS OF. Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. : IN DIVORCE WILSON L. WOLFE, JR., ; Defendant/Respondent No. 06-1150 CIVIL TERM F I LE ORDER OF COURT ,,,, ?1 2008, upon consideration of AND NOW, this .j'"daY of -J( the attached Petition to Make Rule Absolute, Petitio er's request is hereby GRANTED. Further, it is hereby ORDERED that Respondent shall advance to counsel for Petitioner, the Family Law Clinic, the amount of $600.00 for the purpose of determining the value of the two (2) vintage automobiles in his possession. BY THE COURT: KgB*.l ey , J. EXHIBIT A Tlh? ''"? y S ikl lSj a ?I n' JUDITH A. WOLFE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW WILSON L. WOLFE, JR., Defendant 06-1150 CIVIL TERM ORDER OF COURT AND NOW, this 31st day of December, 2008, this matter having been called for a hearing for a final adjudication on a petition for contempt, Wilson L. Wolfe, Jr., is adjudicated in contempt of this Court's order of July 3, 2008, requiring him to advance to counsel for the Petitioner, the Family Law Clinic, $600 for the purpose of determining the value of two vintage automobiles in his possession. The Defendant is committed to the Cumberland County Prison, and the condition of purge is that he pay $600 to counsel for Petitioner as required by the order of July 3, 2008. The prothonotary shall issue a body attachment directing the sheriff to take the Defendant into custody and bring him before the court for the purpose of commitment to the Cumb' a i By the ou ar B. Amy Bracher, Certified Legal Intern Family Law Clinic For the Plaintiff Wilson L. Wolfe, Jr., Defendant pro Se 1291 South 28th Street Apt. 612 Harrisburg, PA 17111 pcb EXHIBIT B ty Prison. , v • f rrtu'L COpY FROM RECORD ,,I Titstgn r, # h" am Sd my W4 9 0 case r *:i?dw AL G /o ag- a 00 boo ? I ? Rte, 4a)4-,.. ?..?? V 1!lx? Yy , ,, :) at LJJ4?) L. _i - - t-r--70 cmal,.. -rid EXHIBIT C lot ylz 04" 40 V? ?O-? (Xw? ,A? d0.., Ate. CG - I -o-- G . A/l? ---------------------- I 1 4- f) L L--?tF...... k,? OL got IT(aN J FA-vt. ) Q6 .J--L 4 T?lk, ivs. k -4 14 - moo ? :. ct, CA I -f- -boo. E "mod 4?v-m mv- NLu? a, ? a 3, V ,PN, XL,?D.ao - L" r,?- G -L oc t 0 o Q u a t -- ?-.-- .? '1,10. .? ..1?.. e?,?.¢? _./?.?,_.R,??.1:?, ?,,,,,p,? ? jl? -- - . rca Loa? u, z 4 J?. Zoo Ip-o.? ? ? Op ,ao ?, IWC. a0.?• All*yl ? ot?' ?•?.+?.. ? ? Q, 000 .. toy.,., 1,•,,?- ,8.,..e onl? coca, o -- M a )2A R? 1 xv- 4 P. ?. _ • ? • I KT M IA- mo=t. - ?e-e,i 19 Tip.,,, 'k WAX \1 11 7 A -11 bu? AA- - = -Tl:t F S. P.?T-.mot ? LJ,,;?.,,??• ?,J ? 41 Judith A. Wolfe, Plaintiff/ Petitioner V. Wilson L. Wolfe, Jr., Defendant/ Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DIVORCE No. 06-1150 CIVIL TERM CERTIFICATE OF SERVICE I, Meghan Anderson, hereby certify that I am serving a true and correct copy of the Petition to Distribute Property on Wilson Wolfe at 1291 South 28th Street, Apartment 612, Harrisburg, PA 17111 on February 16, 2010 by first class United States Mail. Date: 1 oZw o Meghan Anderson Certified Legal Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Judith A. Wolfe, Plaintiff/ Petitioner V. Wilson L. Wolfe, Jr., Defendant/ Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DIVORCE No. 06-1150 CIVIL TERM PLAINTIFF'S PRE-TRIAL STATEMENT PURSUANT TO Pa.R.C.P.1920.33(b) AND NOW, Plaintiff, Judith A. Wolfe, by and through her attorneys, the Family Law Clinic, submits the following Pre-Hearing memorandum in preparation for the equitable distribution pre-hearing conference scheduled for April 23, 2010 at 9:30 a.m. 1. ASSETS MARITAL PROPERTY ;.) =-i u 5. `sj Propelly All Owners Two 1969 Pontiac GTO's Wilson L. Wolfe, Jr. Approx. $16,000 & $18,000 1990/1 Ford Bronco Wilson L. Wolfe, Jr. Payout from Wal-Mart Profit Judith A. Wolfe (Ms. Wolfe took payout, Sharing 401K, $11,330.80 Mr. Wolfe retained possession) (value at date of payout - 2005) Household furnishings and personalty Judith A. Wolfe, Wilson L. Wolfe, Jr. Approx. $2,000 (approx. value as of 04/09/10) Cemetery lots at Woodlawn Judith A. Wolfe, Wilson L. Wolfe, Jr. Memorial Gardens NON-MARITAL PROPERTY Property Payout from trust, $18,000 (value as of 12/18/06) Life Insurance Policy Face Value: $1090.23 Cash Surrender Value: $3010.78 Current Beneficiary: George and Mary King (value as of 12/18/06) Owner Wilson L. Wolfe, Jr. Judith A. Wolfe II. EXPERT WITNESSES Reason for Exclusion from Marital Property Received after separation Purchased before marriage Ms. Wolfe plans to have Mr. David Feldgus of Crazy Cars Auto Sales testify as to the estimated value of the vintage Pontiac GTOs. Crazy Cars Auto Sales is located at 1322 Spring Road, Carlisle, PA 17013. Mr. Feldgus has examined photographs of the GTOs and made his estimation therefrom. See attached memorandum from the Family Law Clinic, duly signed by Mr. Feldgus, representing his expert opinion of the cars' values based on pictures alone. See attached documents showing Mr. Feldgus's qualifications that enable him to make these opinions. III. WITNESSES Ms. Wolfe does not plan on having other witnesses besides her testify at this hearing. Ms. Wolfe reserves the right to amend this section. IV. EXHIBITS Ms. Wolfe does not intend on presenting exhibits at this time. Ms. Wolfe reserves the right to amend this section. V. INCOME Ms. Wolfe receives SSDI of $663/month, SSI of $30/month, and Pennsylvania SSP (State Supplementary Payment) of $22.10 per month. She has no other income. Ms. Wolfe pays no taxes. VI. EXPENSES Ms. Wolfe does not intend to offer testimony as to her expenses. Ms. Wolfe reserves the right to amend this section. VII. PENSION & RETIREMENT BENEFITS Ms. Wolfe had a pension from her work at Wa1Mart that she opted for the pay-out instead of future payment; however, Mr. Wolfe has possession of these funds. Ms. Wolfe does not believe Mr. Wolfe has a pension or retirement benefits. VIII. COUNSEL FEES Ms. Wolfe is not seeking attorneys' fees for this matter. IX. PROPERTY VALUATION WHERE CONTESTED Mr. Wolfe has not officially contested the value of the marital property requested. X. MARITAL DEBT There is no marital debt from this marriage. XI. PROPOSED RESOLUTION OF ECONOMIC ISSUES Plaintiff, Judith A. Wolfe, requests title to the parties' vintage yellow 1969 Pontiac GTO or the sum of $17,400 and her personal belongings to be distributed to her. Plaintiff, Judith A. Wolfe, asks that her request to distribute marital property be granted because the distribution requested would be equitable pursuant to 23 Pa.C.S. §3701. This distribution would allow Defendant, Mr. Wilson L. Wolfe, to retain title to the parties' vintage blue 1969 Pontiac GTO and his other belongings and assets. CONCLUSION Distribution of the yellow 1969 Pontiac GTO or the sum of $17,400 and Ms. Wolfe's personal belongings, including clothing, jewelry, a corner shelf unit, one of two lamps from the marital home's living room, and one of two end tables to Ms. Wolfe would be equitable and just pursuant to 23 Pa. C. S. 3701 et seq. The factors in 23 Pa. C. S. 3701 relevant to this case include the length of the marriage, the age and health of the parties, the amount and sources of income of the parties, the vocational skills and employability of the parties, the estate and needs of the parties, the contributions of each party to the marriage, the value of the property at issue, and the economic circumstances of the parties. Each of these factors supports the equitable distribution proposed by Ms. Wolfe. Respectfully submitted, Date /?f,C? 12 ZZ) 10 MEGHAN ANDERSON Certified Legal Intern r MEGAN RIESMEYER ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 Telephone: (717) 243-2968 Fax: (717) 243-3639 Apr 12 10 03:09p David M. Feldgus To: Clinic Frow Sarabi Date; Septewbe> 29, 2009 Re: Wolfe v. ' Volfe, Jr.; G'TOs I met with Dave Feldgus today at Craay Ca of the GTOs. He sal • that they are an asset worth p is the more valuable of the two. The Blue GTO has The Yellow One a sirs to be original. and the pn located indicate that 't lass not been re-painted, and His opinion to value is that the Blue OTC the Yellow GTO $18,000 to $20,000. He se check if there are any alte mations that could hurt tl He mid that t`he best way to determine the -, sell them. It would oust $80 {I sun not sure if this is because they would a global market deciding unfortunately in the tulit economic state the mar Tki-S " (DrL1/Cl?, ga,ut 'FD 7172415200 p.1 . He looked at the pictures we have rsw6og. He said that the Yellow GTO restated, but not by an expert. :ace of the rust spots where they are ius the color is origb al. could be worth around $16.000 and 1 he ;would need to see the cars to lr value. lue is to list them for vtx6on but not hr bath cants or one car) to do this ae current value. He said that at far these kinds of cars is soft i re-- rte 4-k4 T zq, zabj r?z/ i LLCM-/-1C) Apr 12 10 03:10p David M. Feldgus ? i 13226pring Road Crazy D e Fe j Carlisle, PA 17013 Insane ker! ffI71 A1I lAAA .?.?__ CR,ZY CAM. L1C_ 1322 SOMIJG: RDgU aye Y s,sta' 7172415200 I p.2 A ?: Aug 04 09 05:48p David M. Feldgus David M. Feldgus 1322 Spring Road. Carlisle, PA 17013 Principal Owner: CRAZY CARS LLC 1322 Spring Road Carlisle, PA 17013 (717) 241-5200 Licensed -Pennsylvania Vehicle Dealer: License Member: VD028785 Licensed Pennsylvania State Auctioneer: License Number: AU003790L Pennsylvania Notary ID: 1238099 7172415200 p.3 Qualifications of the appraiser: David M. Feldgus graduated from the Pennsylvania State University, December, 1983 with a BA in Economics. He has an extensive background in valuation techniques. His professional experience in both the automotive indu,stry and auctioneering profession highly qualifies him in the valuai i )n of tangible assets, including antique and collectible vefuc lt. s. The unique combination of being both a Vehicle dealer, located within close proximity to Carlisle Events, and his extensive exposure to numerous wholesale vehicle exchanges highly qualifies him to determine the fair market value of property for the purpose of a Divorce Settlement. Ms. Judith A. Wolfe, Plaintiff V. Mr. Wilson L. Wolfe, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE No. 06-1150 CIVIL TERM CERTIFICATE OF SERVICE I, Karen Wilson, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a true and correct copy of Plaintiff s Pre-trial Statement on Mr. Wilson L. Wolfe, Jr., residing at 1291 South 28 h Street, Apartment 612, Harrisburg, PA, 17111, on April 12, 2010 by first class United States Mail. N WILSON Certi led Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 JUDITH A. WOLFE, n IN THE COURT OF COMMON PLE~ `~ o `'n Plaintiff/ Petitioner OF CUMBERLAND COUNTY ~ 'j ~ ~, , PENNSYLVANIA , . ~ ~= -' ~ N -~; tt~ v. :CIVIL ACTION -LAW ~ ~~" ~r `~ ~`~` DIVORCE ~:~::~ ~.~;>`~ WILSON L. WOLFE, Jr., ~ ~' Defendant! Respondent No. 06-1150 CIVIL TERM '" CERTIFICATE OF SERVICE I, Alice Richards, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Order of Court scheduling a hearing regarding Plaintiffl s Petition for Special Relief to Gain Access to Defendant's Residence, the Order of Court directing Defendant to show cause why the bifurcation should not be granted, and the Order of Court enjoining Defendant from dissipating marital assets on Wilson L. Wolfe, Jr., residing at 1291 South 28th Street, Apt. 612, Harrisburg, Pennsylvania, 17111, by depositing a copy of the same in the United States mail, postage prepaid, on June 28, 2010. ~~ Alice Richards Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 F~ JUDITH A. WOLFE, : IN THE COURT OF COMMON PLEA Plaintiff/ Petitioner OF CUMBERLAND COUNTY, ~, ~ ° ~_ ~-' PENNSYLVANIA ~~~ ~ `'~= . V v, :CIVIL ACTION -LAW DIVORCE _ _- WILSON L. WOLFE, Jr. _~~ - Defendant/ Respondent No. 06-1150 CIVIL TERM . ~ ~ '" CERTIFICATE OF SERVICE I, Alice Richards, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy o the Motion to Make Rule Absolute Pursuant to Pa.R.C.P. No. 206.7(a) on Wilson L. Wolfe, Jr., esiding at 1291 South 28th Street, Apt. 612, Harrisburg, Pennsylvania, 17111, by depositing a c py of the same in the United States mail, postage prepaid, on July 19, 2010. --~ ~ ~_ cry cn c~2 Alice Richards Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 JUDITH A. WOLFE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW IN DIVORCE WILSON L. WOLFE, JR., Defendant NO. 06-1150 CIVIL TERM IN RE: SPECIAL RELIEF TO GAIN ACCESS TO RESIDENCE ORDER OF COURT AND NOW, this 21st day of July, 2010, upon consideration of the Plaintiff, Judith Wolfe's, Petition for Special Relief to Gain Access to Defendant's Residence, and after hearing in the matter, IT IS HEREBY ORDERED AND DIRECTED that the defendant, Wilson L. Wolfe, Jr., is required to allow Plaintiff, Judith Wolfe, access to his residence in order for her to retrieve her personal belongings, including but not limited to clothes, jewelry, cardinal collection and water ball collection, Sunbeam stand mixer, (75th anniversary edition), photographs and photo albums, Christmas ornaments, tape cassettes and disks. IT IS FURTHER ORDERED AND DIRECTED that given the potential adverse reaction of the Defendant, law enforcement officials are requested to assist the Plaintiff in the execution of this Order. By the Court, ~~ M. L. Ebert, Jr. , ~ ~ ~ ~=r-'s ! F. _._ ~ 71 S.^. hJ ~"3 r°. Megan Riesmeyer, Esquire ~_ ~ """ Family Law C1 inic ~~`ds 9Ne.~ ~ ~~.( - ~6 : ,: Alice B. Richards, Certif ied Legal Intern ~ ~'~ ':':' =ref Family Law Clinic -„~ c ~~~ For the Plaintiff `' ' ~""` ~° Wilson L. Wolfe, Jr. , Def endant - co ~ ~~1y Q1Cs.~ty~s~! / ~. 6y r~ ~ mt f ~ 8c. sc Sitr,~~ ~~~ i ~}r~l~'t a~. ~~~ .~ ' ~~u~ ~ o zoo JUDITH A. WOLFE, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN DIVORCE WILSON L. WOLFE, JR., Defendant No. 06-1150 CIVIL TERM ORDER OF COURT 1~ AND NOW, this ~~ day of~, 2010, upon consideration of the attached Motion to Make Rule Absolute, Plaintiff's request is hereby GRANTED. Further, it is hereby ORDERED that the divorce proceeding is bifurcated with the Court reserving jurisdiction over the remaining equitable distribution issue before the Court. BY THE COURT: ~-`~1 ~~~ ~~~~. ~~~C~ ~w ~u . C.uv C~~ 7~az/~o n n ;~- _. - -; -r_~L~ c.__ --~ t""` r- _ t`J __~ ,..~.W ~~i-= r..,1 _.. ..t - - . ~ --: ` C „Q~.C' ,ter - -' ~ -y ~.~. `,r3 -G JUDITH A. WOLFE, IN THE COURT OF COMMON PLEAS Plaintiff/ Petitioner OF CUMBERLAND COUNTY, :PENNSYLVANIA N v. :CIVIL ACTION -LAW DIVORCE ~_ _ WILSON L. WOLFE, Jr., '~' '~ ~ L~ ~=`~ -,-. Defendant/ Respondent No. 06-1150 CIVIL TERM~~~ = Q ',~' ~~' ._ _~>- `" CERTIFICATE OF SERVICE ,.. ~~ ~ ...,., I, Alice Richards, Certified Legal Intern, Family Law Clinic, hereby certify that I sewed ~~~ a copy of the Plaintiff s Affidavit, the Defendant's Counter-Affidavit, and the Order and Notice Setting Hearing on Wilson L. Wolfe, Jr., residing at 1291 South 28th Street, Apt. 612, Harrisburg, Pennsylvania, 17111, by depositing a copy of the same in the United States mail, postage prepaid, on August 3, 2010. ~~!~w ~`c~Cf~ Alice Richards Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 JUDITH A. WOLFE, IN THE COURT OF COMMON PLEAS Plaintiff/ Petitioner OF CUMBERLAND COUNTY, :PENNSYLVANIA v. :CIVIL ACTION -LAW ~=- `~ . ' WILSON L. WOLFE, Jr., 1's'i -~=~Pa ' ~ ~'-~ --a t , 1 _ - ~ ~a Defendant/ Respondent No. 06-1150 CIVIL TERM '~ ~ ~ ' ~ ~ , ~ -; ~-~ . ` MOTION TO ABATE DIVORCE PROCEEDING PURSUANT TO 23 P ,~ ~ te. .... S~" a" ~ 3323(d•1)• --~ Plaintiff, Judith Wolfe, by and through her attorneys, the Family Law Clinic, represent the following: 1. Plaintiff/Petitioner is Judith A. Wolfe (Plaintiff) residing at 1 West Penn Street, Apartment 121, Carlisle, Pennsylvania, 17013. 2. Plaintiff married Wilson Wolfe, Jr. on August 31, 1963. 3. A Complaint in Divorce with an Equitable Distribution Count was filed on February 28, 2006, alleging the grounds for divorce as indignities under section 3301(a)(6) of the Divorce Code and irretrievable breakdown of the marriage under sections 3301(c) and 3301(d) of the Divorce Code. 4. On August 5, 2010, the Dauphin County coroner found Wilson Wolfe, Jr. dead in his home. 5. No hearing was ever held to determine grounds for the divorce as indignities under 23 Pa.C.S. § 3301(a)(6). 6. Wilson Wolfe, Jr. never filed an affidavit of consent under 23 Pa.C.S. § 3301(c). 7. Wilson Wolfe, Jr. was never served a 23 Pa.C.S. § 3301(d) affidavit. 8. As a result, grounds were never established in the Divorce Proceeding pursuant to 23 Pa.C.S. §§ 3301(g}(1}-(3). 9. Wilson Wolfe, Jr. died prior to the divorce decree being entered. WHEREFORE, Plaintiff respectfully requests that this Court enter an order abating the divorce proceeding. Date: `~ ~ ~ O Respectfully Submitted, Alice Richards Certified Legal Intern ~~ ~ MEG RIESMEYER THOMAS M. PLACE ROBERT E. RAINS ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax: (717) 243-3639 01-1 OCT 08Zulu JUDITH A. WOLFE, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW IN DIVORCE WILSON L. WOLFE, Jr., Defendant/Respondent NO. 06-1150 CIVIL TERM ORDER OF COURT A? AND NOW, this 11 day of OJAC.( , 2010, upon consideration of the attached Motion to Abate Divorce Proceeding, it is hereby ordered as follows: 1. The Divorce Proceeding is abated pursuant to 23 Pa.C.S. § 3323(d.1). BY THE COURT: ?*l 0 - "'_ \ ? J., Cc: The Family Law Clinic, For Plaintiff lo?t3??p JUDITH A. WOLFE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. WILSON L. WOLFE, JR., DEFENDANT NO. 06-1150 CIVIL ORDER OF COURT AND NOW, this 13th day of October, 2010, the appointment of Robert Elicker, Esquire as Divorce Master is vacated. By the Court, M. L. Ebert, Jr., J. Family Law Clinic Alice Richard, CLI Megan Riesmeyer, Esquire Attorney for Plaintiff Robert Elicker, Esquire Divorce Master bas ' l0?13 ? t0 _ -? , , ; JUDITH A. WOLFE, IN THE COURT OF COMMON PLEASE Plaintiff/Petitioner OF CUMBERLAND COUNTY 1,3 3: == =? , PENNSYLVANIA ,i V. CIVIL ACTION - LAW IN DIVORCE WILSON L. WOLFE, Jr., Defendant/Respondent NO.06-1150 CIVIL TERM -i MOTION TO DISBURSE FUNDS Plaintiff, Judith Wolfe, by and through her attorneys, the Family Law Clinic, represent the following: 1. Plaintiff/Petitioner is Judith A. Wolfe (Plaintiff) residing at 1 West Penn Street, Apartment 121, Carlisle, Pennsylvania, 17013. 2. Plaintiff married Wilson Wolfe, Jr. (Defendant) on August 31, 1963. 3. A Complaint in Divorce with an Equitable Distribution Count was filed on February 28, 2006, alleging the grounds for divorce as indignities under section 3301(a)(6) of the Divorce Code and irretrievable breakdown of the marriage under sections 3301(c) and 3301(d) of the Divorce Code. 4. On August 5, 2010, the Dauphin County coroner found Defendant dead in his home. 5. Defendant died prior to the divorce decree being entered. 6. On October 7, 2010, Plaintiff, through her counsel, filed A Motion to Abate Divorce Proceeding. 7. On October 13, 2010, this Honorable Court abated the divorce proceeding and vacated the appointment of the Divorce Master. 8. Plaintiff and Defendant acquired property during their marriage, including, but not limited to, two 1969 Pontiac GTO automobiles (automobiles). 9. The parties were unable to resolve the distribution of property prior to Defendant's death. 10. In order to ascertain the value of the property, Plaintiff requested that Defendant provide $600 for an appraisal of the property. 11. Defendant did provide this $600 in June 2009 as a purge for his commitment to Cumberland County Prison for failure to previously pay the fee. 12. On June 15, 2009 this Honorable Court ordered that the Prothonotary issue a check to the Family Law Clinic for $600 for the appraisal. 13. Prothonotary did issue a check, but due to other difficulties with the case, the appraisal never occurred. 14. Upon abatement of the divorce proceeding, Plaintiff's counsel contacted the Prothonotary for disbursement of the $600. 15. The Prothonotary is unable to disburse the $600 without an Order of Court as the check on file has expired. 16. The Honorable Judge Ebert has most recently ruled in this matter. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an order directing the Prothonotary to disburse the $600 to Plaintiff, Judith A. Wolfe. Respectfully submitted, L S BAVER Certified Legal Intern MEGA RIE MEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 Telephone: (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. hi tl Date 4ns 7yva'v-e r Certified Legal Intern MEGA RIESMEYER '? - 1 Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 Telephone: (717) 243-2968 Fax: (717) 243-3639 CUMBERLAND COUNTY PROTHONOTARY OFFICE - GENERAL FUND Check Date: 02/14/2011 Case No. Defendant 06-01150 WOLFE JUDITH A /TZ) * 2032 * Descriptions _ Amt Released Receipt SECURITY 600.00 255150 i7 `y ?prr }aye Yi..l S CDM Check Amount: 600.00 INFOCON CORPORATION[L1558HB13385603 David D Buell ORRSTOWN BANK SHIPPENSBURG: PA CUAIBERLA.ND COUNTY PROTHONOTARY OFFICE 60-45OM13 GENERAL. FUND 1 COURTHOUSE SQUARE, SUITE 100 CARLISLE, PA 17013 CHECK DATE CHECK NUMBER PAY THIS AMOUNT- ; 02/14/2011 2032 $600.00 Six Hundred And 00/100 Dollars TO THE ORDER OF WOLFE"JUDITH A 2006-1150 "??) - t AUTHORRED SIGNATU 112002032,18 1:03 13 150 3 61: 3108 1 1 1 17 111' 15515602142011 PYS380 Payee Name WOLFE JUDITH A Cumberland County Prothonotary's Office Page: 1 Check Register Costs & Fees Tran Receipt Case Trans Check Check Check - Rel Date Desc No No Amount Date No Amount SECURITY 2/14/2011 TRNS ESC IN 255150 06-01150 600.00 02/14/2011 2032 600.00 ** Total Amount Released 600.00 -----------------------------------End of Listing --------------------------------------------------------------------- 15162702142011 Cumberland County Prothonotary 's office Pa ye 1 PYS388 Void Register for Computer Checks 2/g4/2011 Distribution Case Number Accounting Amount Date -------------------------------------------------------------------------------- Ck No: 1872 Ck Dt: 6/17/2009 Payee: 3962 FAMILY LAW CLINIC SECURITY 2006-01150 PYMT/CHECK 600.00 6/03/2009 Total for Check No: 1872 600.00 Total Amount Voided: 600.00 -----------------------------------End of Listing ---------------------------- RECEIPT FOR TRANSFER -------------------- -------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 WOLFE JUDITH A 6027 WILLIAM DRIVE MECHANICSBURG, PA 17050 Case Number 2006-01150 Remarks COURT ORDERED Receipt Date 02/14/2011 Receipt Time 15:25:51 Receipt No. 255150 ---------------------- Distribution Of Adjustment --------------------------- Transaction Payee This Adj SECURITY FAMILY LAW CLINIC 600.00- SECURITY WOLFE JUDITH A 600.00 JUDITH A. WOLFE, Plaintiff v WILSON L. WOLFE, Jr., Defendant To The Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW - = IN DIVORCE -` r :No. 06-1150 CIVIL TERM 5; 7-i Fa PRAECIPE TO ATTACH EXHIBIT Please attach Exhibit A to the above-captioned Motion to Disburse Funds filed on February 9, 2011. L ndsa aver Certified Legal Intern Megan 'esmeyer YZ Supervising Attorney JUDITH A. WOLFE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND,,,OUNTY, PENNSYLVANIA V. WILSON L. WOLFE, JR., DEFENDANT 06-1150 CIVIL TERM ORDER OF COURT AND NOW, this LS? day of June, 2009, IT IS ORDERED that the Prothonotary disburse the $600 deposited with it pursuant to an order of June 3, 2009, to the Family Law Clinic pursuant to the order entered on January 3, 2008. By the Edgar B Family Law Clinic For Plaintiff Wilson Wolfe Jr. 1291 South 28th Street Harrisburg, PA 17111 sal , J. EXHIBIT A JUDITH A. WOLFE, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW c: V. -v ZC IN DIVORCE r"I WILSON L. WOLFE, Jr., T Defendant/Respondent NO. 06-1150 CIVIL TERM o tzD ORDER OF COURT °` `= =='tF 117) ji% AND NOW, this IU day of 2011, upon consideration of the attached Motion to Disburse Funds, it is hereby ordered that the Prothonotary disburse the $600 deposited with it pursuant to an order of June 3, 2009, to Plaintiff, Judith A.. Wolfe. BY THE COURT: Cc: The Family Law Clinic, For Plaintiff J ,iS?