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STATE OF INDIANA )
IN THE LAKE SUPERIOR COURT
) ss:
CIVIL DIVISION, ROOM NUMBER THREE
COUNTY OF LAKE )
DOMESTIC RELATIONS COURT
SITTING IN GARY, INDIANA

TN RE: THE MARRIAGE OF:

Ffleg
NOREEN CONNOLLY WELLWERTS, m OPP” COURT
Wife,
‘.

Cause No.: 45DQ3-1611—DR—000612

DEC 13 2019
and

SUPERIOR COURT 0F
ANDREW RICHARD WELLWERTS, MKS COUNTY
mm, mvzssom coumnoom
Husband. a

DECREE OF DISSOLUTION OF MARRIAGE

Wife, Noreen Connolly Wellwerts, appeared in person and by counsel, Randy A.

Godshalk; Husband, Andrew R. Wellwerts, Sr., appeared in person and by counsel, Mindy J.

Heidel; and Intervener appeared telephonically by counslel, Robin Remley, on October 24-25,

2018, for hearing on Motion for Intervention and Final Hearing on Wife’s Petition for

Dissolution of Marriage and Husband’s Counter-Petition for Dissolution of Marriage.

Stipulations submitted. Approved and so ordered. The stipulations rendered the Motion for

Intervention moot and the same was denied. Intervener is excused.

Cause submitted on Final Hearing. Evidence heard.

The Court ordered the parties to make arrangements to open and inventory the contents

of the parties’ safety deposit box. The record remained open pending submission of the

inventory. Upon said submission, the matter would be taken under advisement.

Extensive pleadings were submitted after the conclusion of the final hearing. Only those

pleadings directly related to the issuance of the Decree of Dissolution of Marriage are set forth

herein.
In re: the Marriage of Wellwerts Cause No.: 45D03-1 61 1-DR-000612

On November 3, 2018, the proposed Order ofHearing October 24, 2018 on John

Campbell’s Rule 24 Motion for Intervention was submitted. The order was approved and issued

on September 11, 20 1 9'.

On November 15, 201 8, the Court issued its Agreed Order Concerning Contents of

Safety Deposit Box. The box was empty. The record was closed and the matter taken under‘
I

advisement.

On March 2, 2019, the Court granted the Motion of Randy A. Godshalk to withdraw as

Counsel for Wife.

On March 4, 201 9, Husband filed his Verified Motion for Emergency Custody,

Restricted Parenting Time, and Motion to Reopen Evidence.

On March 6, 2019, the Court conducted an emergency hearing on Husband’s motion.

Husband appeared in person and by counsel, and Wife appeared as an unrepresented litigant.

1h its Order of March 6, 201 9 issued April 29, 2019, the Court found the residence occupied by

Wife was destroyed by fire, the cause of the fire was under investigation, and Wife had made

comments that she wanted'to burn down the home. The Court reopened the record to hear

ivssues affected
evidence relevant to child custody, parenting time, and property by the fire.

On July 15, 2019, Attorney Eric O. Clark entered his appearance 0n behalf of Wife.

On September 5, 2019, the parties submitted their Verified Agreed Order of Bifurcation.

On the same date, the Agreed Order was approved and ladopted.

On September 20, 2019, Attorney Eric O. Clark filed his Motion to Withdraw as counsel

for Wife.
In re: the Marriage of Wellwerts Cause No.: 45D03-161 1-DR-000612

On September 24, 2019, the Court conducted a hearing during which all parties and

counsel were present. Wife advised the Court she had no obj ection to the Motion to Withdraw.

The motion was granted and Attorney Clark was excused for the remainder of the hearing. A

separate order granting the motion was issued October 6, 2019.

On October 11, 20,1 9, Husband appeared in person and by counsel and Wife appeared as

an unrepresented litigant for hearing pursuant to the Agreed Order of Bifurcation. Argument
‘

heard.

The Court, having reviewed all of the evidence and being duly advised in the premises,

hereby FINDS and ORDERS as follows:

1. Any finding of fact which is in reality a conclusion of law is deemed to be a

conclusion of law. Any conclusion of law which is in reality a finding’of fact is deemed to be a

finding of fact. The findings of fact are not meant to be read in any particular order and all

findings of fact relate to all issues. Furthermore, all findings of fact and all conclusions of law

are hereby incorporated into and are hereby made part 0f the final orders of this Court.

2. This Court has carefully considered the testimony and evidence presented during

the final hearing and has carefully considered and applied the current statutes and relevant case

law. The Court renders these findings after having assessed the credibility of the witnesses and

giving due consideration to their testimony. The Court has seen the witnesses, observed their

demeanor, and scrutinized their testimony as it came from the witness stand. The Court has

considered all of the evidence and all of the reasonable inferences therefrom. The Cour; has

applied all of the relevant statutory factors.

3. The Court has jurisdiction over the subj ect matter and the parties.

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In re: the Marriage of Wellwerts Cause No.: 45D03-1 61 1-DR-000612

4. Wife has been a continuous resident of Lake County in the State of Indiana for at

least six (6) months prior to the filing of her verified Petition for Dissolution of Marriage.

5. Sixty (60) days have elapsed from the date the petition was filed.

6. The parties were duly married on September 22, 2001, and separated, as defined

by statute, on Noverfiber 7, 201 6.

7. There were two (2) children born to or adopted by the parties during the marriage;

namely: Angelina and Julia, twins born July 14, 2005.

8. Wife is not now pregnant.

9. The marriage is irretrievably broken.

10. Pursuant to thé Agreed Order of Bifurcation, the issues of child custody,

parenting time, and child support are reserved for further hearing. The current temporary orders

shall remain in full force and effect.

11. During the Final Hearing conducted October 24-25, 2018, the parties submitted

the following agreements and stipulations (all real estate is located in Cedar Lake, Indiana):

A. Husband shall be awarded the Cadillac CT-6 as part of his share of the
marital estate.

B. Husband shall be awarded the Dodge Charger subj ect to the outstanding
loan as part of his share of the marital estate.

C». The value of the real estate located at 8225 Lakeshore Drive is

$460,000.00.

D. The value of the real estate located at 8229 Lakeshore Drive is

$460,000.00.

E. Husband shall be awarded the real estate located at 8229 Lakeshore Drive
as part of his share of the marital estate.

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In re: the Marriage of Wellwerts
I

Cause No.: 45D03-1 61 1-DR-000612

F. Wife shall be awarded the real estate located at 8100 East 128th Avenue
valued at $309,000.00 as part of her share of the marital estate.

G. Husband shall be responsible for the home equity loan on 8100 East 128th
Avenue with a balance of $39,000.00 and shall receive credit for same
against his share of the marital estate.

H. The Court shall take judicial notice of all testimony heard in any prior
hearings in this action and the hearing conducted 0n Wife’s Petition for an
Order of Protection.

I. Husband be responsible for the Chase credit card accounts

shall #...8 1 09
and #...3 145 as part of his share of the marital estate.

J. Exhibits HH, II, GG, JJ, KK, and 8 shall be admitted into evidence.

K. Husband would testify, if called to do so, Exhibit GG is the purchase

agreement for his motorcycle.

12. The ruling on the admissibility of Exhibit V was reserved. The admission of

Exhibit V is hereby denied for lack of foundation.

13. As reflected in the Order of Hearing October 24, 2018 on John Campbell’s Rule

24 Motion for Intervention, the parties stipulated the Connolly Properties Family Trust was not

part of the marital estate. They further stipulated the trust held the following real estate, all

located in Cedar Lake, Indiana: 13222 Grimm Street; 8041 W. 128‘“ Avenue; 8600 W. 1415‘

Lane; 13231 Grimm Street; and 12744 Hilltop Drive. The parties reserved the right to submit

evidence pertaining to the real estate for other relevant purposes, including dissipation of marital

assets.

14. As part of the Verified Agreed Order of Bifurcation, the parties stipulated Wife

shall pay Husband the sum of $1,088.00 upon receipt of the insurance settlement proceeds for

the 2015 Cadillac Escalade and the parties shall file separate individual income tax returns for

the 2015 tax year forward.

 In re: the Marriage of Wellwerts Cause No.2 45D03-1 61 1-DR-000612

15. During the hearing conducted September 27, 2019, the parties stipulated Wife

shall be awarded the buéinesses known as Goodfellas, Dapan Investment LLC, and Dapan

Entertainment, Inc., subject to all current debts, including payroll taxes, as part of her share of

the marital estate.

16. In an action for dissolution of marriage under I.C. § 3 1-1 5-2-2, the Court shall

divide the property of the parties, whether:

(1) owned by either spouse before the marriage;

(2) acquired by either spouse in his or her own right:

(A) after the marriage; and

(B) before final separation of the parties; or (3) acquired by

their joint efforts. LC. § 3 1-1 5-7-4(a).

17. On March 2, 2019, the real estate located at 8100 West 128‘“ Avenue, the contents

therein, and the 2015 Cadillac Escalade were completely destroyed by fire. The 1968 Cadillac

suffered mold damage as a result of the fire. The cause of the fire remains undetermined.

18. The parties’ insurance company has tendered settlement payments to the parties

as compensation for the destroyed or damaged property. Additional payments were made for

loss of use and personal expenses resulting from the fire.

19. The Court has discretion to set the date When it values the marital property any

time between the date of filing of the dissolution petition and the date of the hearing.

20. The fire and resulting insurance settlements are not relevant to the issue 0f what

'

property confititutes the marital estate. The settlements are relevant to the issues of the value of

the property in the marital estate and the actual distribution of the estate.
In re: the Marriage of Wellwerts Cause No.: 45D03-161 1-DR-000612

21. The business known as “Goodfellas” consists of DAPAN Investments, LLC,

DAPAN Entertainment, Inc., the real estate 9n which the bar is located, and the liquor license

held by Wife.

22. No appraisal of Goodfellas was submitted by tfie parties.

23. Goodfellas is currently listed for sale at $795,000.00. The parties rejected an

offer to purchase the business for $400,000.00.

24. Based upon the evidence submitted by the parties, the best estimate 0f the value

of Goodfellas is $600,000.00.

25. Given the insurance proceeds for the actual 'and replacement value and the

anticipated costs to rebuild the home, the real estate at 8100 West 128‘“ Avenue should be valued

at $400,000.00.

26. The fire and resulting agreement t0 award Goodfellas to Wife renders the prior

stipulation regarding the disposition of the real estate at 8100 West 128m Avenue moot.

27. Husband paid the balance of $39,000.00 on the home equity loan for 8100 West

128th Avenue after the date of final separation.

28. Based upon the settlement proceeds for the loss of the 201 5 Cadillac Escalade, the

value of the vehicle is $47,740.12.

29. The value ofthe 2016 Cadillac CT6 is $36,698.00.

30. The net value of the 2016 Dodge Charger subj ect to the current purchase loan is

zero.

3 1. On December 27, 2016, the Court issued its Provisional Order restraining the

parties from transferring, encumbering, concealing, or in any way disposing of any of the

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 In re: the Marriage of Wellwerts Cause No.: 45D03-161 1—DR-000612

property of the parties. Each party’s counsel of record agreed upon a déte to meet and inventory

Wife’s safety deposit boxes. Wife failed to appear at the meeting, and the inventory was

postponed. Later, Wife emptied her safety deposit boxes without any witnesses to inventory the

contents or observe the items removed from the boxes.

32. The safety deposit boxes contained cash in the amount of $5,000.00.

33. Jewelry contained in the safety deposit boxes and other jewelry in Wife’s

possession had a value of $30,200.00.

34. Insurance settlement proceeds for the contents of the destroyed home were in the

amount of $125,674.02. This sum includes compensation for the jewelry valued above and the

sum of approximately $8,000.00 as compensation for the children’s clothing and personal items.

35. The sum of $8,000.00 should be excluded from the marital estate for the

children’s property destroyed in the fire. Father is exercising temporary custody of the children
I

and was previously paid $2,000.00 from the insurance proceeds for the children. The balance of

$6,000.00 should be paid to Husband for the benefit of‘the children.

36. At the time of the Final Hearing, Husband did not request any tangible personal

property in Wife’s possession. Husband requested that each party be awarded any property in

their possession. Consequently, Wife should be awarded the insurance proceeds less the sum

deducted for the children’s losses.

37. The marital estate consists of the following assets:

Goodfenas $600,000.00

Real estate at 8229 Lakeshore Drive $460,000.00

Real estate 8100 W. 128‘“ Avenue $400,000.00

'

at
In re: the Marriage of Wellwerts Cause No.: 45D03-161 1-DR-OOO612

Wife’s half—interest in real estate on Vermillion Street $1 1,000.00

.

Camper $15,500.00

1968 Cadillac $16,000.00

2015 Cadillac Escalade $47,740.12

2016 Cadillac CT6 $34,698.00

2016 Dodge Charger $0.00

Wife’s Whole Life Insurance Policy $24,639.62

Husband’s Whole Life Insurance Policy $49,279.24

Chase Checking Acct. .6387 . $126.01

Chase Savings Acct. . . 1278 $195.77

Funds from Safety Deposit Boxes $5,000.00

I

Wife’s Jewelry $30,200.00

Personal Property in Wife’s Possession $87,474.02

Personal Property in Husband’s Possession $6,000.00

Two ATV’s NO EVIDENCE SUBMITTED

TOTAL ASSETS $1,787,852.78

The marital estate consists of the following debts:

Home Equity Loan $39,000.00

Chase Credit Card Acct. . . 8109 $5,223.71

Chase Credit Card Acct. . .3 145 $8,138.96

Ally Financial $27,233.25

GMC Financial '

$53,784.72

Rubino, Ruman, Crosmer&Polen, LLC $22,000.00

Lakeshore Bone & Joint Institute $158.09

In re: the Marriage of Wellwerts Cause No.: 45D03- 1 61 1-DR—0006 1 2

Franciscan Health (Harris & Harris) $858.68

TOTAL DEBTS $156,397.41

NET ESTATE $1,631,455.37

39. I.C. § 3 1-1 5-7-4 provides that the court shall divide marital property in a just and

reasonable manner.

40. I.C. § 31-15-7-5 provides as follows:

The court shall presume that an equal division of the marital property
between the parties is just and reasonable. However, this presumptién may be

rebutted by a party who presents relevant evidence, including evidence

concerning the following factors, that an equal division would not be just and
reasonable:

1) The contribution of each spouse to the acquisition of the property,

regardless of whether the contribution was income producing.

2) The extent to which the property was acquired by each spouse:

(a) before the marriage; or

(b) through inheritance or gift.

3) The economic circumstances of each spouse at the time the

disposition of the property is to become effective, including the
desirability of awarding the family residence or the right to dwell
in the family residence for such periods as the court considers just
to the spouse having custody of any children.

4) The conduct of the parties during the marriage as related to the

disposition or dissipation of their property.

5)
'

The earnings or earning ability 0f the parties as related to:

(a) a final division of property; and

(b) a final determination of the property rights of the parties.

41. The parties were married for fifteen (15) years.

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In re: the Marriage of Wellwerts Cause No.: 45D03-1 61 1-DR-000612

42. The parties worked together in the operation of Goodfellas and the acquisition of

real estate to be used as rental properties.

43. No evidence was submitted regarding anyxproperty acquired before the marriage

or through inheritance or gift.

44. As a result of the parties’ agreement awarding Goodfellas to Wife, Wife’s

economic circumstances are superior to Husband. The business was the sole source of income

for the family. Husband was the primary manager of the business. Husband is currently

removed from management and is unemployed.

45.‘ Both parties accused the other of dissipation of assets. The management of

Goodfellas was chaotic at best, not least of all due to the parties’ continual marital conflicts.

Both parties removed assets from the business for their personal use.

46. Both parties dissipated marital assets. Husband transferred a residence valued at

$460,000.00 to his son days before the date of final separation without consideration or just

cause. During the course of the marriage, Wife induced Husband to transfer real estate owned

by the parties valued at over $470,000.00 to the Connolly Family Trust as an investment

strategy. In fact, Husband had no interesf in said trust and his purported signature on the trust

documents could not be authenticated. The testimony of Wife and John Campbell to the effect

that the transfers constituted payments toward loans or work performed by Mr. Campbell lacks

any credibility.

47. Although Wife has now assumed management of Goodfellas, her experience in

management is limited and the probability that she will be able to do so successfully is doubtful.

Although Husband must now find other employment, his long-term earning ability is greater.

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In re: the Marriage of Wellwerts Cause No.: 45D03-1 61 1-DR-000612

48. The parties have failed to prove by a preponderance of the evidence that the

statutory presumption should be overcome and an unequal division of the marital estate is fair

and reasonable.

49. Husband should be awarded 50% and Wife should be awarded 50% of the marital

estate.

50. The parties continue to receive payments from their insurance company for living

expenses. As a result of the disposition of the destroyed real estate and Goodfellas, Wife has no

residence and Husband has no employment. An equal division ,of said benefits is fair and

reasonable under the circumstances.

5 1. The financial circumstances of the parties are relatively equal.

52. Wife has engaged in outrageous conduct during the course of these proceedings

that has caused Husband to incur additional attorney fees. Said behavior includes: taking the

children to a domestic violence shelter over the Christmas holiday and denying Husband

parenting time without cause; refusing to cooperate in the approval in the form of orders

prepared by Husband’s counsel; failure to cooperate with reasonable discovery requests; refusing

to cooperate in opening and inventorying the safety deposit boxes; refusing to cooperate in the

sale of real estate; interfering in the management of Goodfellas; filing numerous frivolous and

duplicative pleadings; making false accusations of criminal conduct by Husband in the

management of Goodfellas; refusing to cooperate in th‘e renewal .of the liquor license; and

refusing to pooperate in preparing and submitting the fire claims to the insurance policy.

53. Wife has continually accused Husband of misconduct, including domestic

violence and other crimes. She reported t0 state agencies that Husband was operating

Goodfellas under false pretenses when Wife herself agreed that Husband exercise exclusive

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In re: the Marriage of Wellwerts Cause No.1 45D03-161 1-DR-000612

management of the business. Any evidence submitted by Wife in support of her allegations,

including the allegations of domestic violence have been contradictory and not credible.

54. As a result of said conduct, Wife should contribute to Husband’s attorney fees.

IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED:

1. The Verified Petition for Dissolution of Marriage is granted, the marriage is

hereby dissolved, and the parties are restored t0 the status of unmarried persons.

2. Husband is awarded the following assets:

A. Real estate located at 8100 West 128m Avenue, Cedar $400,000.00

Lake, Indiana, and all insurance proceeds for
structural damage to same

Personal property in Husband’s possession $6,000.00

Real estate located at 8229 Lakeshore, Cedar Lake, $460,000.00

Indiana

1968 Cadillac and all insurance proceeds for damage $16,000.00"

t0 S&Ine

P1 2016 Cadillac CT6 $34,698.00

5“ Husband’s Whole Life Insurance Policy $49,279.24

FD Chase Checking Acct. .6387 . $126.01

Pi Chase Savings Acct. . . 1278 $195.77

.H Two ATVs (value undetermined)

Equalization Payment from Wife $6,000.00

TOTAL ASSETS $972,299.02

3. Husband shall be responsible for the following debts:

A. Chase Credit Card Acct. .8109 .

$5,223.71

B. Chase Credit Card Acct. . .3 145 $8,138.96

C. Home Equity Loan $39,000.00

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In re: the" Marriage of Wellwerts Cause No.2 45DO3-161 1-DR-000612

Ally Financial $27,233.25

Rubino, Ruman, Crosmer & Polen, LLC $22,000.00

.EQTUP'JU Lakeshore Bone & Joint Institute $158.09

Franciscan Health (Harris & Harris) $858.68

GM Financial $53,784.72

TOTAL DEBTS $156,397.41

NET SHARE OF MARITAL ESTATE $815,901 .61

4. Wife is awarded the following assets:

A. Goodfellas, DAPAN Investments, LLC, DAPAN $600,000.00

Entertainment, Inc., in accordance with stipulation
submitted and approved September 27, 2019

2015 Cadillac Escalade and all insurance proceeds for $47,740. 12

damage to same

Cash in Safety Deposit Boxes $5,000.00

Jewelry in Wife’s Possession and all insurance $30,200.00

proceeds for loss or damage to same

Personal Property in Wife’s Possession and all $87,474.02

insurance proceeds for loss or damage to same less

$6,000.00 for children’s loss

Interest in real estate co-owned with daughter on $11,000.00

Vermillion Street in Cedar Lake, Indiana

Camper and all insurance proceeds for damage to $15,500.00

same

Wife’s Whole Life Insurance Policy $24,639.62

i

Equalization Payment to Husband ($6,000.00)

TOTAL ASSETS AND SHARE OF MARITAL $815,553.76

ESTATE

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In re: the Marriage of Wellwerts Cause No.: 45D03-161 1-DR-OOO612

5. Wife shall pay Husband the equalization payment of $6,000.00 and the sum of

$6,000.00 as the balance of the insurance proceeds for the children’s personal property from

funds held in trust by counsel for Husband.

6. Husband shall be responsible to file all tax returns due for DAPAN Investments

and shall indemnify Wife for any tax liability owed.

7. Wife shall be responsible to file all tax returns due for DAPAN Entertainment.

Any tax liability shall be divided between the parties by agreement or, in the absence of same, as

ordered by the Court.

8. The parties shall equally divide any insurance proceeds for living expenses which

have been received and not yet distributed and any such proceeds received in the future.

9. Each party shall, at the request and expense of the other, execute and deliver to

the other party, any and all deeds, bills of sale, instruments of assignment or other documents

that the other may reasonably require for the purpose of giving full force and effect to the

provisions of this Order.

10. Wife shall be responsible for the sum of $35,000.00 toward Husband’s attorney

fees to be paid fiom funds held in trust by counsel for Husband.

11. The Verified Agreed Order of Bifurcation is affirmed with respect to the payment

due Husband from the insurance proceeds for the Escalade and the preparation of the parties’

individual income tax returns.

I

12. Hearing 0n Wife’s Motion for Emergency Cease and Desist Order filed October

10, 2019;'Mother’s Motion for Contempt Citation filed October 10, 2019; Mother’s Motion for

Contempt and Citation filed October 17, 2019; Mother’s Motion to Void Rescind Marital

Property Transferred. Contempt and Citation filed October 17, 2019; and Mother’s Motion for

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In re: the Marriage of Wellwerts Cause No.: 45D03-161 1-DR—000612

Contempt and Citation filed October 22, 2019 are scheduled for hearing on January 3, 2020, at

9:00 a.m.

ALL OF WHICH IS SO ORDERED, ADJUDGED and DECREED this 13‘“ day 0f

December, 2019.

THOMAS P. HALLETT, Judge

Distribution List:
Noreen Connolly Wellwerts
Attorney Mindy Heidel

kk

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