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April 1, 2011

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Page6 o # POST-GAZETTE, APRIL 1,201"t = LEGAL Interest David J. Saliba Attorney at Law Can the Probate Trial Judge grant 10% of the marital property to the wife, 90% percent to the husband? Opinion The wife, Donna Wolcott, appeals from that portion of the parties' divorce judg- ment that divides the mari- tal assets, essentially argu- ing that the judge abused his discretion in awarding the husband, Jeffrey Wolcott, what amounts to ninety per- cent of the marital estate. She also appeals from the judge's denial of her request for attorney's fees. We affirm. Background. What follows are the relevant facts on ap- peal, drawn from the judge's findings and supported by evidence that the judge. deemed credible. The husband and wife were married in October of 1995. They are the parents of two sons, the first born on January 7, 1999, and the second on March 24, 2000. For the first few years of their marriage, the wife worked at a bank, earning around $20,000 annually. After the birth of their first child, the wife stopped work- ing in order to care for the children. At the time of the divorce proceeding, she was once again employed at a bank, earning around $450 per week. The husband has worked throughout the mar- riage and was earning around $1,900 per week at the time of trial. The mari- tal home has an agreed- upon value of $440,000. The judge heard testi- mony, which he credited, about several unusual inci- dents that took place in 2006. The wife's former co- worker, Jill Scibelli, testi- fied as to a conversation she had with the wife on Febru- ary 23, 2006, during which the wife indicated she was unhappy with her husband and asked if Scibelli's hus- band could "take care of a problem" for her by "get[ting] rid of something." When Scibelli responded that her husband was simply a chef and could not help with that sort of "problem," the wife asked Scibelli if her hus- band was related to someone CASH In Your Gold DIVORCE * CRIMINAL WOLCOTT vs. WOLCOTT APPEALS COURT OF MASSACHUSETTS No. 09-P-1446 Decided January 6, who could help. The judge found that Scibelli believed the wife was seeking assis- tance in giving the husband killed. Both parties testified about an incident that oc- curred on March 3 and 4, 2006, with the judge largely crediting the husband's tes- timony about this and other matters. The husband and wife traveled to Texas on holiday with their children. They rented a houseboat, where they had been ill for several days and had not consumed much food. Al- though he had been abstain- ing from alcohol for several years, the wife made alco- holic beverages for them both to drink on the house- boat, and the husband con- sumed them willingly. At a certain point, the wife went below deck and the husband was left alone above deck. The husband next remembers standing on the lower deck near the cabin entrance, feeling cold and wet. The husband then found himself in the water, where he had to swim one mile to shore and walk for several hours before he found help. Although the husband testified that he felt a hand push him from the boat, the judge found it as likely that he had fallen from both decks, due to his weakened condition. The judge found that the wife bore responsibility for en- couraging his unwise con- sumption of alcohol. The husband suffered severe injuries from the fall, including a broken nose, upper jaw, and right wrist; four broken teeth; and a "blown out" knee. He was initially treated in a Texas hospital, but returned to Massachusetts on March 9, 2006. Upon return from Texas, but before his correc- tive surgery, the husband slept on the couch because the sound of his breathing bothered his wife. Shortly thereafter, the wife asked him to move out of the LAW OFFICES OF J. CL00'00o GENERAL PRACTICE OF LAW WILLS * ESTATE PLANNING * TRUSTS PERSONAL INJURY . WORKERSCOMP. 617-354-9400 Si Parla Italiano CAMBRIDGE, MASSACHUSETTS 02141 230 MSGR. O'BR1EN HIGHWAY 2011 family home altogether. Because the husband was still recovering from his in- juries and on pain medica- tion, he had difficulty trans- porting himself from the family home (where he would spend his days) to his mother's home (where he slept). The judge credited the husband's testimony that he would have preferred to stay at the family home dur- ing recovery. The wife's cousin, John Jamroz, also testified cred- ibly at the divorce proceed- ing regarding a conversation he had with the wife on March 11, 2006, days after the parties had returned from Texas. Specifically, Jamroz testified that the wife had approached him and told him she did not want to be married and she wanted her husband to "disappear." She asked Jamroz if he knew anyone in the "Mafia" or anyone who needed money, and said she wanted something done perma- nently. Jamroz went to the State police and reported this incident, and criminal charges were eventually brought against the wife. On June 29, 2007, a jury con- victed the wife of solicitation to commit murder, and she served three months in the house of correction before being released on parole. The appeals court upheld the unequal distribution of the marital assets. The appeals court said: Neither does the dispro- portionate division of assets necessarily indicate, as the wife argues, that the division is inequitable. The judge may assign to either husband or wife all or any part of the estate of the other, including but not limited to ... rights and funds accrued during the marriage. This case says the Probate judge has the right to divide the couple's money in the percentage he decides in proper. The husband got 90%. r$ u--u I I I I I I 345 787a2jt S vere I Honest & Trusted for 33 Years!: I The POST-GAZETTE newspaper is a paper from any court in each town that we serve. For information on placing a Legal Notice in the POST-GAZEFrE, please call (617) 227-8929; or mail notice to: POST-GAZETTE, P.O. BOX 135, BOSTON, MA 02113 Attn: Legal Notices ST. JUDE AND ST. ANTHONY NOVENA May the Sacred Heart of Jesus be adored, glorified, loved and preserved. throughout the world now and for- ever. Sacred Heart of Jesus pray for us. St. Jude, worker of miracles, pray for us. St. Jude, help of the hopeless, pray for us. St. Anthony, most loving protector and wonder worker, pray for us. Say this prayer 9 times a day and by the 8th day your prayer will be answered It has never been known to fail. Publication must be promised. My prayers have been answered. Favor received. L.M.D. Friends of the North End Branch Library Presents ... Author with North End Roots Book Signing On Saturday, April 16 th, 2011, from llam-12noon, author Lorna J. Brunelle will be selling and signing cop- ies of her book Dirty Bomb- shell --from Thyroid Cancer Back to Fabulous at the North End Branch of the Bos- ton Public Library located at 25 Palmenter Street. This event is sponsored by the Friends of the North End Branch Library. Brunelle's connection to the North End runs deep. Her great-grand- father Joseph Charles Gan- dolfo owned Gandolfo Olive Oil & Produce for years. His daughter Concetta "Connie" (Lorna's grandmother who was baptized at St. Leonard's in the North End) speaks often of her father and the business he owned. Lorna Brunelle shares her connection to the North End in her book.. Certainly we all have in us a remote (or perhaps more immediate) fear of a cancer diagnosis. What if it wasn't just any cancer, but one that targets the very area on which your livelihood depends? Some of us might think we'd curl up and expire, but until you're faced with the reality of it, you never know how you'll take it. Lorna J. Brunelle re- solved to dig down deep in her soul and find the fight to push through the hardship, and come out the other side a survivor. Her story raises awareness for what is, in fact, the fastest-growing cancer in the United States, with new cases cropping up at a rate of approximately four percent annually -- faster than colon or breast cancer. In 2008, 35,000 new cases of thyroid cancer were diagnosed. It's estimated that more than 350,000 people in the U.S. are living with thyroid cancer. Dirty Bombshell is the poignant and brave story of a 33- year-old girl who is fighting her way back to wellness. Her triumphant story sheds light on a cancer most Americans are in the dark about. This story of faith, forgiveness, strength, hope, courage, tolerance, and self-discovery will change the way you tackle hardship, leaving you with the power to survive and thrive. Dirty Bombshell will help you t'md your way back to FABULOUS! As an actor, singer, writer, producer, and teacher, Lorna J. Brunelle has always had a passion for the arts. A tireless volunteer, with an indelible commitment to bring positive change, she is dedicated to a range of causes. Brunelle was diagnosed with thyroid can- cer in 2004, had surgery at The Massachusetts Eye and Ear Infirmary in 2005, and has been raising awareness ever since. She works very closely with the Massachusetts Eye and Ear Infirmary. She has been featured in several issues of their magazine CONTACT, featured on several fundraising campaign letters, has sung for the Reynolds Society Dinner and was seen in their 2009 documentary. She was also featured with her surgeon Dr. Greg Randolph in a national PSA for the nerve monitoring system- a de- vice that protects vocal cords during neck surgery. In less three months since its release, Dirty Bombshell-From Thy- ro/d Cancer Back to Fabulous was ranked as an Amazon Best Seller ranking #52 in Spiritual & Religious. For further information on Lorna, please log on to www.DirtyBombShell, net. "Fish & Chips" The Friends of the North End Branch Library is present- ing "Fish & Chips", a.program about Alzheimer's disease, ON TUESDAY, APRIL 26 m AT THE BOSTON HARBOR COM- MUNITY CHURCH FROM 7-9 P.M. Please join them for an evening of thoughtful discussion. The program will include the Boston screening of "Fish & Chips", a short movie pro- duced in Spencer, MA by Paul C. McKinney and directed by Leo Kei Angelos. Margaret, played by Dorothy Keville, a rsident of the North End, is the feisty wife of Edward, played by Ken Ekkens, of Concord, NH, her devoted husband of 47 years. They go for Fish and Chips almost every Friday. Margaret reminds Edward of his 'selective memory', There is a twist at the end and is about Alzheimer's. There will be a brief intermission after the film followed by a Question and Answer session with the producer and cast members including Dorothy Keville, the lead actress. A representative from the Alzheimer's Association will also be present to answer questions and provide additional in- formation on the disease. A $5 donation at the door will benefit the works of the Friends of the North End Branch Library. The BOSTON HARBOR COMMUNITY CHURCH IS LOCATED AT #9 SALUTATION ST. *The program auditorium is acces- sible via stairs only. WWW.BOSTONPOSTGAZETTE.COM