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: IN THE COURT OF COMMON PLEAS :
8 OF CUMBERLAND COUNTY ·
8 .
: STATE OF '* PENNA. :
8 .
8 .
8 1I0LLY L. DiGIOVANNI, .
8 Plaintiff N II. 9~-S7S8 CIYJk'f.EnM ,
* ~n~ .
8 SANDY DiGIOVANNI, JR. .
8 D~f~ndant. .
: "
.
8 DECREE IN .
: D I V 0 R C E;t Z' ~t( PIA :
I AND NOW. PJa 2., ' , .. .. , .. " 19 "", " I. ordered ond :,."
" decreed that """".. ,HOLLY, ,L.. DiGIOVANNI, , , , , , . , , . . . . . " plaintiff,
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_ and, " " " .. " ",,,,,,, . tiI\NQ", P,!,QJOYNINJ", ,4~.".., " " ". defendant, .
: are divorced from the bonds of matrimony. .
. The court retains lurlsdlctlon of the following claims which nove :
. been raised of record In this action for which a final order has not yet .
" been entered:
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. None '.
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IN WE COORT OF ~ PLEAS OF
ClJ>lBERl.J\ND COONTY, PENNSVLVANIA
HOLLY L. DiGIOVANNI,
Plaintiff ,
NO. 96-5750
CIVIL
1j TERM
V6.
SANDY DiGIOVANNI,
Defendant.
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following in fOI11llltion, to the court
for entry of a divorre decree:
1. Grounds for divorrel irretrievable breakdown under Section 3301 (c)
gllOOlc~II~~ of the Divorce Code. (Strike out inapplicable section)
2. Date and manner of service of the canplaint: October 22. 1996. by
certified mail, return receipt requested. deliver to addressee only. Article
No. P 282 348 815, attached horeto.
3. Complete either Paragraph A. or B.
A. Date of execution of the affidavit of consent required by Section
3301 (c) of the Divorce Crxlel by the plaintiff April 4, 1997
by the defendant
April 18 , 1997
B. (1) Date of execution of the plaintiff's affidavit requIred by
Section 3301 (d) of the Divorce Codel
(2) Date of sm-vice of the plaintiff's affidavit upon the defendant:
4. Related claims pendIng: None
~). Indicate date and manner of service of the notice of intention to file
praecipe to transmit record, and attach a copy of said notice under Section
3301 (d)( 1)( i) of the l1ivorce Cooe nla
FLOWER, MORGENTHAL, FLOWlm & I,INDSAY
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Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO: (Ur ,') '/~jff CIVIL TERM
CIVIL ACTION. DIVORCE
HOLLY L. DIGIOVANNI,
v.
SANDY DIGIOVANNI, JR.,
Defendant
NO.IlCf
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 fall 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 at the Cumberland County Court House, Carlisle, Pennsylvania, 17013,
IF YOU DO NOT FILE A CUlM FOR ALIMONY, DIVISION OF PROPERTY. UWVERS
FEEB OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU
MAY LOBE THE RIGHT TO CUlM ANY OF THEM.
YOU BHOULD TAKE THIS PAPER TO YOUR UWVER AT ONCE. IF YOU DO NOT
HAVE A UWVER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator, Fourth Floor
Cumberland County Court House
Carlisle, Pennsylvania 17013
(717) 240-6200
.,\.."sI\JIM\P1d,\UIOkwannI.C
HOLLY L. DIGIOVANNI,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO: q/I' ':;"'7,58' CIVIL TERM
CIVIL ACTION. DIVORCE
v.
SANDY DIGIOVANNI, JR.,
Defendant
HOLLY L. DIGIOVANNI. Plaintiff, by her attorneys, FLOWER, MORGENTHAL. FLOWER &
LINDSAY. respectfully represents:
1. The Plaintiff Is HOLLY L. DIGIOVANNI. who currently resides at 1318 Pine Road,
Carlisle, Cumberland County, Pennsylvania 17013, where she has resided for a period In excess
of six months prior to the filing of this Complaint.
2. The Defendant Is SANDY DIGIOVANNI, JR., who currently resides In Walnut Bottom.
Pennsylvania. with a mailing address of P.O, Box 33. Walnut Bottom. Pennsylvania 17266,
3. The Plaintiff and Defendant both have been bona fide residents In the Commonwealth
of Pennsylvania for at least six months Immediately prior to the filing of this Complaint.
4, The Plaintiff and Defendant were married on March 18, 1986 at Cumberland County.
Pennsylvania,
6, That there have been no prior actions of divorce or for annulment between the parties
In this or In any other Jurisdiction,
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6. The Plaintiff avers that she Is entitled to a divorce on the ground that the marriage Is
Irretrievably broken and Plaintiff Is proceeding under Sections 3301 (c) and/or (d) of the Divorce
Code,
7, Plaintiff has been advised of the availability of marriage counseling and of the right to
request that the Court require the parties to participate In marriage counseling, and does not
request counseling,
8. Plaintiff requests the Court to enter 8 decree of divorce.
FLOWER, MOROENTHAL, FLOWER" LINDSAY
Attorney. for Plalntl"
Dated: / tJ- /7-1'
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By: '<;:
am.. D. Flower, Jr., E.q
1 Ellt High Street
arlll'e, PA 17013 1
(717) 243.6613
Attorney 1.0. No. 27742
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I, the undersigned, hereby verify that the statements made hareln are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904,
relating to unsworn falsification to authorities.
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HOLLY L. DIGIOVANNI,
Plaintiff.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96. 5758 CIVIL TERM
vs.
SANDY DIGIOVANNI, JR.
Defendant.
CIVIL ACTION. DIVORCE
t
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HOLLY L. DIGIOVANNI, Plaintiff. being duly sworn according to law, deposes and says:
1, That a Complaint In Divorce under Section 3301 (c) of the Divorce Code was flied on
October 18, 1998,
2. That my merrlage with BANDY DIGIOVANNI. Defendant, Is irretrievably broken.
3. That I consent to the entry of a Decree In Divorce on the grounds that the marriage
Is Irretrlevebly broken.
4. That I understand thai I may lose rights concerning alimony, division of property,
counseling fees or expensas If I do nol claim them before a divorce Is granted.
I verify that the statemants made in this Affidavit are true and correct to the best of my
knowledge, Information and belief. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.B. 4904 relating to unsworn falsification to authorities.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96. 5758 CIVIL TERM
CIVIL ACTION. DIVORCE
HOLLY L. DiGIOVANNI,
Plaintiff,
SANDY DiGIOVANNI, JR.
Defendant.
1. I consent to the entry of a Final Decree of Divorce without notice,
2, I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses If I do not claim them before a divorce Is granted.
3, I understand that I will not be divorced until a Divorce Decree Is entered by
the Court and that a copy of the Decree Is entered by the Court and that a copy of the Decree
will be sent to me Immediately alter It Is filed with the Prothonotary.
I verify that the statemants made In this affidavit are true and correct. I understand
that tha false statements herein are made subject to the penalties of 18 Pa.C.S. 64904, relating
to unsworn falsification to authorities,
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7' HOI~. lovannl, Plalntfii
Date: /)#11 'I J /9'17
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HOLLY L. DIGIOVANNI,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96. 5758 CIVIL TERM
CIVIL ACTION. DIVORCE
vs.
SANDY DIGIOVANNI, JR.
Defendant.
1. I consent to the entry of a Final Decree of Divorce without nollce.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses If I do not claim them before a divorce Is grantod,
3. I understand that I will not be dlvorcod until a Divorce Decree Is entered by
the Court and that a copy of the Decree Is entered by the Court and that a copy of the Decree
will be sent to me Immedletely after It Is flied with the Prothonotary,
I verify that the statements made In this affldavll are true and correct, I understend
that the false statements herein are made subject to the penalties 0118 Pa,C,S, 14904, relating
to unsworn falslflcallon to authorities.
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Sandy DIGiovanni. Dafendant
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HOLLY L. DiGIOVANNI,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96. 575B CIVIL TERM
CIVIL ACTION. DIVORCE
VB,
SANDY DIGIOVANNI, JR,
Defendent.
DA\aLOf_CONBENJ
BANDY DIOIOVANNI, Defendant, being duly sworn according to law, deposes and says:
1. That a Complaint In Divorce under Bectlon 3301(0) of the Dlvoroe Code was flied on
October 1B, 1996.
2. That my marriage with HOLLY L.DIOIOVANNI, Plalnliff, Is Irretrievably broken,
3. That I consent to the entry of 8 Decree in Divorce on the grounds that the marriage
Is Irretrievably broken,
4, That I understand that I may lose rights concerning alimony, division of property,
counseling fees or 8l<penSes if I do not claim them befora a dlvolcels granted,
I verify that the statements mede In this Affidavit are true end corract to the best of my
knowledge, Information and belief, I understand that false statements herein are made subject
to the penallies of 18 Pa,C,S. 4904 rsleling to unsworn falaiflcalion to authorllies.
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Bandy DIGiovanni, Defendant
Date: '///'1' /..,?
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IN THE COURT OF COMMON PLEAS
CUMBERlAND COUNTY, PENNSYLVANIA
NO: (f~?' ~;-n)~) CIVIL TERM
HOLLY L. DIGIOVANNI,
v.
BANDY DIGIOVANNI, JR.,
Defendlnt
CIVIL ACTION. DIVORCE
AND NOW, this
,1996,
upon consideration of the within Petition, a Rule Is Issued upon Respondent to show cause why
the relief requested should not be granted.
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RULE returnable at a hearing set for the _ -D- _ day of :;'i',JI( IX )j. V ,
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1996 In Court Room ._,_1 of the Courthouse at Carlisi a, Pennsylvania. ,J, 5 'I IIi
PENDING the hearing, Respondent Is ordered not to spend, dissipate, or alienate any
marital property, Including but not limited to Respondent's Harley Davidson motorcycle without the
express written provision of Petitioner.
BY THE COURT,
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HOLLY L. DIGIOVANNI,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
Plaintiff
v.
NO: 'II. ')lq
CIVIL TERM
SANDY DIGIOVANNI, JR.,
Defendant
CIVIL ACTION. DIVORCE
AND NOW, comes Holly L. DIGiovanni, Plaintiff above, by and through her counsel, Flower,
Morgenthal, Flower & Undsay, and petitions this Honorable Court as follows:
1. Petitioner Is Holly L. DIGiovanni who resides at 1318 Pine Road, Carlisle, Cumberland
County, Pennsylvania 17013.
2. Respondent Is Sandy DIGiovanni, Jr" an adult Individual residing In Walnut Bottom,
Pennsylvania, with mailing address at P.O. Box 33, Walnut Bottom, Pennsylvania 17288,
3, A Divorce Complaint In this matter has been flied contemporaneously with this
Petition for Special Relief,
4. On September 26, 1996 an Order was entered by the Honorable George E. Hoffer
requiring Respondent to pay support to Petitioner In the amount of $716.00 per month, and setting
an arrearage on support In tha amount of $1,410,00.
5, Respondent owns a Harley Davidson motorcycle which Is marital property and which
Petitioner Is Informed that Respondent Is attempting to sell,
6. The parties own a 1989 Chevy Astro van, which Is In Petitioner's possession, and
which Is marital property.
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7. Petitioner has obtained Insurance for the 1989 Astro van, and Is making the payments
on the loan which constitutes a lien against the van.
8. On the evening of September 28, 1996, Respondent removed the license plate from
the van, rendering It Illegal to drive, and depriving Petitioner of her only transportation and her only
means to travel to her place of employment, and to transport her children,
WHEREFORE, Petitioner prays This Honorable Court to Issue a temporary order of non.
dissipation and, after a hearing, to enter an order prohibiting Respondent from spending,
dlaalpating, or otherwise alienating marital assets, and directing Respondent to Immediately return
the license plate for the Chevy Astro van to Petitioner,
FLOWER, MORGENTHAL, FLOWER" LINDSAY
A<<orneva for Plaintiff
Dated: t b - J '7" 14
BV:
J mea D. Flow r, Jr., Eaqulr
1 Eaat High Street
.rllale, PA 17013
(717) 243.6613
Attornev 1.0. No. 27742
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I, the undersigned, hereby verify that the statements made herein are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa, C.S, S 4904,
relating to unsworn falslficallon to authorllles.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
HOLLY L. DiGIOVANNI,
Plaintiff
CIVIL ACTION - LAW
v.
NO. 96-5758 CIVIL TERM
IN DIVORCE
SANDY DiGIOVANNI, JR.,
Defendant
PRAECIPE
TO THE PROTHONOTARY I
Please enter my appearance for the Defendant, sandy
DiGiovanni, in the above-captioned matter.
Respectfully submitted,
HWJVO~
William C. Vohs, Esquire
Attorney 10 No. 65208
11 W. Pomfret Street, Suite 2
Carlisle, PA 17013 ~
(717) 249-5373
TO THE PROTHONOTARYl
Please withdraw my appearance for the Defendant, sandy
DiGiovanni, Jr., in the above-captioned matter.
Respectfully submitted,
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AND NOW, this --0
day of November, 1996, be advised that
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERU\ND COUNTY, PENNSYLVANIA
NO. 96. 575B CIVIL TERM
CIVIL ACTION. DIVORCE
HOLLY L. DIGIOVANNI,
Plaintiff,
SANDY DIGIOVANNI, JR.
Defendant.
counsel for both parties desire a continuance of the hearing scheduled for November B, 1996,
at 2:30 p.m. Said hearing Is hereby continued generally and may be rescheduled at the request
of either counsel.
BY THE COURT:
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96. 5758 CIVIL TERM
CIVIL ACTION - DIVORCE
HOLLY L. DIGIOVANNI,
Plaintiff,
SANDY DIGIOVANNI, JR.
Defendent.
AND NOW, this
day of
, 1997, upon
conslderetlon of the within Motion, a rule Is Issued upon the Defendant to show cause why the
attached proposed Qualified Domestic Relations Order should not be issued to comply with the
requirements of the Motorola Profit Sharing end Investment Plan, modified to reflect the amount
certified to be due by the Domestic Relations Office as of the date of entry of the final Order, and
to enable payment of Defendant's support arrearage from said Plan.
Rule returnable within J:e days after service upon Defendant by first
class United States Mall, postage prepaid, and service to William C. Vohs, Esquire, Defendant's
counsel of record.
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 96. 5758 CIVIL TERM
CIVIL ACTION. DIVORCE
HOLLY L. DIGIOVANNI,
Plaintiff,
SANDY DIGIOVANNI, JR.
Defendant.
AND NOW, this
day of
, 1997, after
hearing and upon consideration of Plaintiff's Motion for entry of a Qualified Domestic Relations
Order, It Is ORDERED AND DECREED as follows:
THIS ORDER creates and recognizes the existence of an Alternate Payee's right
to receive a portion of the Participant's benefit under the Motorols Pro"t Shsrlng snd
Investment Plsn, and Is entered pursuant to the authority granted under the applicable domestic
relations laws or community property laws of the Commonwealth of Pennsylvania.
this Order relates to the provision of child support .
SECTION 1 . PLAN NAME:
'-, ()
The name of the Plan to which this Order epplles Is the MO TO OLA PROFIT
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SHARING AND INVESTMENT PLAN.
SECTION 2 . PARTICIPANT INFORMATION:
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Sandy DIGiovanni, Jr.
Date of birth: 11/21/68
Social Security No: 160.56.3709
Address: 1124 States Road, Cheyenne, Wyoming
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SECTION 3. ALTERNATE PAYEE INFORMATION:
Holly L. DIGiovanni
Date of birth: July 8, 1955
Social Security No: 191-46-00BO
Address: 1318 Pine Road, Carlisle, Pennsylvania 17013
Alternate Payee has an Interest In Participant's otherwise held benefit under the
Plan. An "Alternate Payee" as defined by Internal Revenue Code Section 414(p)(B) Is a spouse,
former spouse, child or other dependent of the Participant.
NOTE: The Alternate Payee shall be responsible to notify the Plan Administrator In writing of any
changes In his or her mailing address subsequent to the entry of this Order.
SECTION 4. AMOUNT ASSIGNED TO THE ALTERNATE PAYEE:
The amount of $2,979.B5 (or such other sum as Is due as certified by the Domestic
Relations Office as of the date of this Order) not to Include earnings/or losses from any
particular date shall be paid to Alternate Payee from the Motorola Profit SharIng and
InvB,tmBnt Plan of Participant, Sandy DIGiovanni, Jr.
IMPORTANT: THE AMOUNT SPECIFIED ABOVE IS SUBJECT TO THE VALUE OF THE
ACCOUNT AND IN NO EVENT MAY BE GREATER THAN THE AMOUNT OTHERWISE HELD
FOR THE BENEFIT OF THE PARTICIPANT UNDER THE rLAN. THE AMOUNT ASSIGNED
WILL BE TAKEN PROPORTIONATELY FROM ALL OF THE PARTICIPANT'S INVESTMENT
FUNDS, AS OF THE DATE OF DISTRIBUTION. IF THE ODRO DOES NOT SPECIFY A FUND
OR FUNDS, THE AMOUNT ASSIGNED TO THE ALTERNATE PAYEE WILL BE DEPOSITED
IN THE BALANCED FUND.
SECTION 6 . COMMENCEMENT OF BENEFITS:
Payment of the Alternate Payee's assigned benefit will be processed as soon as
administratively feasible following receipt of the Alternate Payee's properly completed Request
for Payment form. PLEASE NOTE: Payment of a benefit having a present value In excess of
$3,500,00 may be made without the consent of the Alternate Payee unless the QDRO requires
such consent.
\
t:'....rs I\JdJjnll.ln\dilk,yaMllldlO
Processing will commence upon receipt of a properly completed Request for
Payment form flied by the Alternate Payee, and after the expiration or earlier waiver by the
Alternate Payee of the 30.day period prescribed by regulations under Section 402(1) of the Code,
If the Plan does not receive the properly completed Request for Payment form 30 days after
qualification, a separate account will be established for the exclusive benefit of the Alternate
Payee, If the QDRO does not specify a fund or funds, the amount assigned to the Alternate
Payee will be deposited In the Balanced Fund.
SECTION 6 . UNDERSTANDINGS AND CONDITIONS:
1. Changes In Plan Sponsor: Changes In Plan Sponsor, Plan Administrator
or Plan Name shall not affect this Order.
2. Death of the Alternate Payee.' Absent a properly completed beneficiary
designation, In the event of the Alternate Payee's death prior to the distribution of the entire
assigned benefit, the remainder assigned will be paid out to his/her estate.
3. Method of Payment.' The Alternate Payee will be entitled to choose
whatever form of payment Is available pursuant to the terms of the Plan In effect at the date the
Alternate Payee completes the Request for Payment form.
4. Motorola Inc. Employee Stock Ownership Plan (ESOP).' The Motorola Inc,
ESOP was established In 1982, when a tax credit became avallablllto companies like Motorola
that made contributions to employee stock ownership plans for the purpose of buying company
stock and allocating the stock to employees' accounts. The Tlix Reform Act of 1986
discontinued the tax credit for such contributions. Motorola discontinued making contributions
. r;'..rllIJ.iO"....\dlelovU1l11 qdIU
to the ESOP for years after 1986. Effective June 28, 1996, the Motorola ESOP was merged with
the Motorola Profit Sharing and Investment Plan.
5. Name and Address: The Participant and the Alternate Payee must advise
the Plan Administrator of any changes In the mailing address(es) or legal name(s) as previously
set forth In this Order.
6. Notice of Prior Order: By the submission of this Domestic Relations Order,
the Interested parties In this cause certify that they are not aware of any prior Orders which
purport to dispose of the benefits described herein (except other proceedings In the seme matter
with respect to the same parties and of which the Plan Sponsor already III aware). Should a
prior Order exist, It Is the responsibility of the Interested parties to advise the Plan Administrator
prior to the Plan Administrator's determination of the "qualified status" of this Order.
7. Pro-Rsta Distribution: The amount assigned to the Alternate Payee will be
taken proportionately from all of the Participant's Investment funds, as of the date of division.
8. Qualified Domestic Relations Order.' This Order is Intended to fulfill the
requirements of a Qualified Domestic Relations Order pursuant to Section 415(p) of the Internal
Revenue Code, and as such, this Order Is not Intended to require the Motorola Profit Sharing
and Investment Plan to provide any Increased payments over those otherwise due the Participant
under the Plan.
9. TSN 8ssls: The tax basis of the distribution to the Alternate Payee must be
on a pro-rata basis pursuant to Code Section 72(m)(10).
10. Terms: The terms used In this Order shall have the same nloanlng as In
the Motorola Plen documents.
.
. c:lwpll\JdQrd.>:.ldltlovlMl,......
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IT IS SO ORDERED this
day of
,1997,
BY THE COURT:
,
, .,1""'l\Jolo"",,.ldlalovU1l1l.qdou
5. Defendant has showed no Inclination to satisfy this outstanding support
obligation.
6. Plaintiff and her children are in serious financial difficulty and are threatened
with the loss of their home through overdue taxes and mortgage foreclosure. These support
funds are essential to prevent financial disaster.
7. Dafendant has certain funds available to him through his former employer
In a Motorola Profit Sharing and Investment Plan, These funds can only be accessed through
the entry of B Qualified Domestic Relations Order.
8. Plaintiff has obtained from Motorola a processing paCkage with Instructions
and a Qualified Domestic Relations Order. The form of the final Order proposed Is modeled on
the sample Order provided by the Motorola QDRO Processing Department. A letter from
Motorola approving the form of the Order Is attached hereto as Exhibit "B". To conform with the
requirements of the Motorola Profit Sharing and Investment Plan, Plaintiff requests entry of a
Qualified Domestlo Relations Order to enable said Plan to pay the support arrearage which has
been reduced to Judgment.
WHEREFORE, Plaintiff respectfully requests that your Honorable Court Issue a
Rule upon Defendant to show cause why the proposed Qualified Domestic Relations Order
should not be entered.
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for the Plaintiff
\ \
By P ....\ I ~ .~ ,-~~ J ~~
James D. Flower, Jr., Esq(llre
j 11 East High Street
Carlisle, PA 17013
(717) 243.5513
I.D, #27742
,
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~
I, HOLL V L. DIGIOVANNI, Plaintiff In the above captioned action, hereby verify that
the statements made In the within Instrument are true and correct to the best of my knowledge,
Information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
~ ci .
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~ L. DI~gnl, Plaintiff
Date:
oJ 'f J /fJ 'J 7
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.'
luthe Court of COllllllonllleas of CllMDERI.ANU County, Itcllllsylvllllla
11I1\1Jo:li1'll' HU,41'IU~S SH'UU'
I'.n.nux JIll, ('AHI,ISU:, I'A. nllu
Phonet (717) 24O-611~ t'Ut (717) 240-6248
OCTOBBR v, 1U7
('Ialm!ff Name: HOLLY L. 01 ClI0VANNl
Defclldalll Name: SANDY Dl ClI0VANNl
()ocket Number: 767 S 96
I'ACSES Case Number: 414000033
Olher Stale III Number:
1"....111111.' AlIl'lIrn.pulld'''....mU.1 bu'b,d,' Iht'I'Al'SI':S l.....l\iuw~'l'.
Certlneatloll of Arrcaralle
I, AMY L. 1 eKBS . hereby cerllfy Ihal arrearages 011 the above capllolled
support order as of OCTOBBR 9, 1997 lotal $2,979.85
/~. "P7
Date
~~
A mUFt COPY FRl1r.l FlECOfiD
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vs.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96. 5758 CIVIL TERM
SANDY DIGIOVANNI, JR.
Defendant.
CIVIL ACTION. DIVORCE
AND NOW,thls 21st day of October, 1997, I, JAMES D. FLOWER, JR., Esquire,
of the law firm of FLOWER, MORGENTHAL, FLOWER & LINDSAY, Attorneys, hereby certify that
I served the within Rule to Show Cause this day by depositing same In the United States Mall,
First Class, Postage Prepaid, In Carlisle, Pennsylvania, addressed to:
William C. Vohs, Esquire
Attorney for the Defendant
4720 Old Gettysburg Road
Mechanlcsburg, Pennsylvania 17055
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiff
,
l
,LlL~i
James D. lower, Jr., t:sq Ire
11 East High Street i
Carlisle, PA 17013
(717) 243.5513
1.0. # 27742
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Plaintiff,
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96. 5758 CIVIL TERM
CIVIL ACTION. DIVORCE
VS.
SANDY DIGIOVANNI, JR.
Defendant.
AND NOW, this 20th day of October, 1997, I, JAMES D. FLOWER, JR., Esquire,
of the law firm of FLOWER, MORGENTHAL, FLOWER & LINDSAY, Attorneys, hereby certify that
I served the within Rule to Show Cause this day by depositing same In the United States Mall,
First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Sandy DIGiovanni, Jr., the Defendant
1124 States Road
Cheyenne, Wyoming 82009
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiff
4It
Jemes . Flower, Jr'l
11 East High Street
Carlisle, PA 17013
(717) 243.5513
1.0. # 27742
'.
I.
I
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96. 5756 CIVIL TERM
CIVIL ACTION. DIVORCE
HOLLY L. DIGIOVANNI,
Plaintiff,
SANDY DIGIOVANNI, JR.
Defendant.
AND NOW comes Plaintiff/Petitioner, HOLLY L. DIGIOVANNI, by her attorneys,
FLOWER, MORGENTHAL, FLOWER & LINDSAY, and respectfully avers the following:
1. Plaintiff/Petitioner Is HOLLY L, DIGIOVANNI, an adult Individual, who resides
at 1318 Pine Road, Carlisle, Cumberiand County, Pennsylvania 17013.
2. Defendant/Respondent is SANDY DIGIOVANNI, JR., an adult Individual,
who rasides at 1124 States Road, Cheyenne, Wyoming 82009.
3, This Honorable Court entered a Decree in Divorce, pertaining to these
parties on May 2, 1997,
4. In the course of resolving their respective marital rights, the parties executed
a Marital Settlement Agreement dated March 10. 1997, a copy of which Is attached hereto as
Exhibit "A".
6, Said Agreement provides in pertinent part at paragraph 4 on page 3, as
follows:
The paffles /ire owners of a home at 1318 Pine Road. Carlisle,
Pennsylvania. Husband agrees to promptly execute a Deed
oonveyfng all of fIls right tll/e and Interest In said home to Wife. Wife
hereby /igrees to pay the entire mortgage obligation on said flame
and shall Indemnify and IIOld Husband flarmless against any loss as
2
c:\'Wr~'\hlf)ub.\d.ItI"t'6M1 rrllUI 1\11"
a result of saId loan. Wife agrees to make all good faith efforts to
refinance the mortgage and to have Husband's name removed from
any /lens agaInst the property. Her Inability to achIeve such a result
shall not be deemed to be a default of this Agreement.
6. Petitioner has provided a Deed for said property to William C. Vohs, Esquire,
Attorney of record for Defendant/Respondent, and has been assured that the Deed was
forwarded to Defendant/Respondent, and that he has failed to execute and return it.
7. Said Agraement also provides in pertinent part at paragraph 3, on page 2
as follows:
Wife will retain the 1989 Chevy Astro Van and Husband will promptly
execute any and all documents to transfer all hIs right, lIt1e and
Interest In saId 1989 Chevy Astro Van to Wife.
B, Petitioner has provided a Power of Attorney to William C, Vohs, Esquire,
attorney of record for Defendant/Respondent, which when executed would allow Wife to transfer
said van to her name alone, and has been assured that the power of Attorney was forwarded
to Defendant/Respondent, and that he has failed to execute and return It.
9. counsel for Plaintiff/Petitioner attended a support enforcement hearing at
11:00 a.m., on October 9,1997, In an ettempt to confront Defendant/Respondent and obtain a
signature on the appropriate Deed and eforesald power of Attorney. Defendant/Respondent
failed to attend the aforesaid enforcement hearing at the Cumberland County Domestic Relations
Office.
10. Unless Defendant/Respondent signs the Deed and power of Attorney In
question, It will be Impossible for Plaintiff/Petitioner to refinance the property In question, or to
transfer the ven to her name.
~
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.
WHEREFORE, Plaintiff/Petitioner respectfully requests that your Honorable Court
Issue a rule upon Defendant/Respondent to show cause why a Court Order should not be
Issued directing him to sign the Deed and Power of Attorney In question before a notary public,
and cause It to be delivered to Pialntlff/Petitioner, or be held In contempt of Court.
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiff/Petitioner
es D. lower, Jr" Es ulre
11 East High Street
Carlisle, PA 17013
(717) 243-5513
I,D. #27742
4
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.
~
I, HOLLV L. DIGIOVANNI, Plaintiff/Petitioner in the above captioned action, hereby
verify that the statements made In the within Petition are true and correct to the best of my
knowledge, Information and belief. I understand that false statements herein are made subject
to the penalties of 18 Pa,C.S, Section 4904, relating to unsworn falsification to authorities.
/
/
I, Plaintiff/Petitioner
Date:
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VS,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96. 5758 CIVIL TERM
CIVIL ACTION - DIVORCE
HOLLY L. DIGIOVANNI,
Plaintiff,
SANDY DIGIOVANNI, JR.
Defendant.
AND NOW, this
day of
, 1997, a
period In excess of twenty days having passed since service of the Rule upon Defendant, and
his counsel of record, and the support arrearage having been certified by the Domestic Relations
Office In the amount of $3,729.85, It Is ORDERED AND DECREED as follows:
THIS ORDER creates and recognizes the existence of an Alternate Payee's right
to receive a portion of the Participant's benefit under the Motorola Profit Sharing and
Investment Plan, and is entered pursuant to the authority granted under the applicable domestic
relations laws or community property laws of the Commonwealth of Pennsylvania.
This Order relates to the provision of child support .
SECTION 1 . PLAN NAME:
The name of the Plan to which this Order applies Is the MOTOROLA PROFIT
SHARING AND INVESTMENT PLAN.
SECTION 2 . PARTICIPANT INFORMATION:
Sandy DIGiovanni, Jr.
Date of birth: 11/21/68
Social Security No: 160.56.3709
Address: 1124 States Road, Cheyenne, Wyoming 820091
l::'w'I~I\J.sIJ~.'\d.IU\'aJ"'I.I~" lilt lutr
SECTION 3. ALTERNATE PAYEE INFORMATION:
Holly L. DIGiovanni
Date of birth: July 8, 1955
Social Security No: 191-46.0080
Address: 1318 Pine Road, Carlisle, Pennsylvania 17013
Alternate Payee has an Interest In Participant's otherwise held benefit under the
Plan. An "Allernate Payee" as defined by Internal Revenue Code Section 414(p)(8) is a spouse,
former spouse, child or other dependent of the Participant,
NOTE: The Alternate Payee shall be responsible to notify the PI en Administrator In writing of any
changes In his or her mailing address subsequent to the entry of this Order.
SECTION 4. AMOUNT ASSIGNED TO THE ALTERNATE PAYEE:
The amount of $3,729.85, (or such other sum as Is due as certified by the
Domestic Relations Office as of the date of this Order) not to Include earnings/or losses from
any particular date shall be paid to Alternate Payee from the Motorola Profit Sharing and
Inve,tm.nt Plan of Participant, Sandy DIGiovanni, Jr.
IMPORTANT: THE AMOUNT SPECIFIED ABOVE IS SUBJECT TO THE VALUE OF THE
ACCOUNT AND IN NO EVENT MAY BE GREATER THAN THE AMOUNT OTHERWISE HELD
FOR THE BENEFIT OF THE PARTICIPANT UNDER THE PU\N. THE AMOUNT ASSIGNED
WILL BE TAKEN PROPORTIONATELY FROM ALL OF THE PARTICIPANT'S INVESTMENT
FUNDS, AS OF THE DATE OF DISTRIBUTION. IF THE ODRO DOES NOT SPECIFY A FUND
OR FUNDS, THE AMOUNT ASSIGNED TO THE ALTERNATE PAYEE WILL BE DEPOSITED
IN THE BALANCED FUND.
SECTION 6 . COMMENCI!MENT OF BENEFITS:
Payment of the Alternate Payee's assigned benefit will be processed as soon as
administratively feasible following receipt of the Alternate Payee's properly completed Request
dwpUUdQfd~.Wiakwannll"" It" l\lk
for Payment form. PLEASE NOTE: Payment of a benefit having a present value In excess of
$3,500.00 may be made without the consent of the Alternate Payee unless the QDRO requires
such consent.
Processing will commence upon receipt of a properly completed Request for
Payment form flied by the Altarnate Payee, and after the expiration or earlier waiver by the
Alternate Payee of the 30.day period prescribe':! by regulations under Section 402(f) of the Code.
II the Plan does not receive the properly completed Request for Payment form 30 days after
qualification, a separate account will be established for the exclusive benefit of the Alternate
Payee. II the QDRO does not specify a fund or funds, the emount assigned to the Alternate
Payee will be deposited In the Balanced Fund.
SECTION 6 . UNDERSTANDINGS AND CONDITIONS:
1. Changes In Plan Sponsor: Changes In Plan Sponsor, Plan Administrator
or Plan Name shall not affect this Order.
2. Death of the Alternate Payee: Absent a properly completed beneficiary
designation, In the event of the Alternate Payee's death prior to the distribution of the entire
assigned benefit, the remainder assigned will be paid out to his/her estate.
3. Method of Payment: The Alternate Payee will be entitled to choose
whatever form of payment Is available pursuant to the terms of the Plan In effect at the date the
Alternate Payee completes the Request for Payment form.
4. Motorols Inc. Employee Stock Owner.hlp Plsn (ESOP): The Motorola Inc.
ESOP was established In 1982, when a tax credit became available to companies like Motorola
that made contributions to employee stock ownership plans for the purpose of buying company
stock and allocating the stock to employees' eccounts. The Tax Reform Act of 1986
discontinued the tax credit for such contributions. Motorola discontinued making contributions
to the ESOP for years after 1986. EHective June 28, 1996, the Motorola ESOP was merged with
the Motorola Profit Sharing and Investment Plan.
6. N,me ,nd Addrell.' The Participant and the Alternate Payee must advise
the Plan Administrator of any changes in the mailing address(es) or legel name(s) as previously
set forth In this Order.
8. Notice of Prior Order.' By the submission of this Domestic Relations Order,
the Interested parties In this cause certify that they are not aware of any prior Orders which
purport to dispose of the benefits described herein (except other proceedings In the same matter
with respect to the same parties and of which the Plan Sponsor already Is aware). Should a
prior Order exist, it Is the responsibility of the Interested parties to advise the Plan Administrator
prior to the Plan Administrator's determination 01 the "qualified status" of this Order.
7. Pro-Rllt' Distribution.' The amount aulgned to the Alternate Payee will be
taken proportionately from all of the Participant's investment funds, as of the date of division,
8. Qusllfled Dome. tic RBlstloll' Order: This Order is Intended to fulfill the
requirements of a Qualified Domestic Relations Order pursuant to Section 416(p) of the Internal
c:1..,.IIUdO......WItIov....IpI'I ". ,uk
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Revenue Code, and as such, this Order is not Intended to require the Motorola Prollt Sharing
and Investment Plan to provide any Increased payments over those otherwise due the Participant
under the Plan.
9. TalC Basis.' The tax basis 01 the distribution to the Alternate Payee must be
on a pro-rata basis pursuant to Code Section 72(m)(10),
10. Terms.' The terms used in this Order shall have tho same meaning as In
the Motorola Plan documents.
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HOLLY l. DIGIOVANNI,
Plaintiff,
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96 - 5756 CIVIL TERM
CIVIL ACTION. DIVORCE
SANDY DIGIOVANNI, JR.
Defendant.
AND NOW comes Plaintiff, HOLLY L, DIGIOVANNI, Plaintiff/Petitioner, and avers
the following:
1. On October 16, 1997, a Rule was Issued by the Honorable George E. Hoffer
upon Defendant/Respondent to show cause why a certain alteched proposed Qualified
Domestic Relations Order should not be issued In an amount modified to reflect the amount
certified to be due by the Domestic Relations Office as of the date of the entry of the final Order,
for the purpose of providing for payment of Defendant's support arrearage from the Plan. Said
Rule, a copy of which Is altached hereto as Exhibit "A", was returnable twenty days after service
on Defendant and Defendant's counsel of record by first class mall.
2, As Is set forth In the certificates of service eltached hereto as Exhibit "B" and
Exhibit "C", the Rule to show cause was served upon Defendant/Respondent by first class mail
on October 20, 1997, and upon counsel of record for Defendant/Respondent on October 21,
1997.
c:lwplllldOrd.>:.WIt""U1I1I.r<t I.. ,uk
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3. A period In excess of twenty days has passed following service.
4. As Is set forth In the attached Exhibit "D", the Domestic Relations Office
certifies that the arrearage is presently In the amount of $3,729.85.
WHEREFORE, Plaintiff/Petitioner requests that the Rule be made absolute, and
the Qualified Domestic Relations Order be entered directing payment of the present support
arreage In the amount of $3,729.85.
FLOWER, MORGENTHAL. FLOWER & LINDSAY
Attorneys for Plaintiff/Petitioner
ames D. F we, Jr.,
11 East High Street
Carlisle, PA 17013
(717) 243-5513
I,D, #27742
2
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~
I, HOLLY L. DIGIOVANNI, Plaintiff/Petitioner in the above captioned action, hereby
verify that the statements made In the within Petition are true and correct to the best of my
knowledge, Information and belief. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falslflcetion to authorities.
.
{..' I ,,/ /, '"
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Holly L. DIGI6vEln~l, Plaintiff/Petitioner
Date:
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or ' , I ' -.- .
HOLLY L. DIGIOVANNI,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96 - 5758 CIVIL TERM
CIVIL ACTION. DIVORCE
vs,
SANDY DIGIOVANNI, JR,
Defendant.
~
AND NOW, this
/ Ie iA.
(yrU,-
, 1997, upon
day of
consideration of the within Motion, a rule Is issued upon the Defendant to show cause why the
attached proposed Qualified Domestic Relations Order should not be Issued to comply with the
requirements of the Motorola Profit Sharing and Investment Plen, modified to reflect the amount ,
I
I
certified to be due by the Domestic Relations Office es of the date of entry of the finel Order, and I
to enable payment of Defendant's support arrearage from said Plan. I
Rule returnable within
.,<0
days after service upon Defendant by first
class United States Mall, postage prepaid, and service to William C. Vohs, Esquire, Defendant's
counsel of record.
BY THE COURT:
IS!~rl;JL (!. }/t(~
I,
IDCHlblT
I
"A"
J.
HOLLY L. DIGIOVANNI.
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96. 5758 CIVIL TERM
vs.
SANDY DIGIOVANNI, JR.
Defendant.
CIVIL ACTION. DIVORCE
AND NOW, this 20th day of October, 1997, I, JAMES D. FLOWER, JR., Esquire,
of the law firm of FLOWER. MORGENTHAL, FLOWER & LINDSAY, Attorneys, hereby certify that
I served the within Rule to Show Cause this day by depositing same In the United States Mall,
First Class, Postage Prepaid, In Carlisle, Pennsyivanla, addressed to:
Sandy DIGiovanni, Jr., the Defendant
1124 States Road
Cheyenne, Wyoming 82009
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiff
L
James ,Flower, Jr., ~sq Ire
11 East High Street ....
,--" Carlisle, PA 17013
(717) 243.5513
I.D. # 27742
..
EXHIBIT
I
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,
:'
HOLLY L. DIGIOVANNI,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VB.
NO. 96. 5758 CIVIL TERM
SANDY DIGIOVANNI, JR.
Defendant.
CIVIL ACTION. DIVORCE
AND NOW, this 21st day of October, 1997, I, JAMES D. FLOWER, JR., Esquire,
of the law firm of FLOWER, MORGENTHAL, FLOWER & LtNDSA y, Attorneys, hereby certify that
I served the within Rule to Show Cause this day by depositing same In the United States Mall,
FIrst Class, postege Prepaid, in Carlisle, Pennsylvania, addressed to:
William C. Vohs, Esquire
Attorney for the Defendant
4720 Old Gettysburg Road
Mechanlcsburg, Pennsylvania 17055 ..
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiff
"'--.
James D. lower, Jr" Esq Ire
11 East High Street
Carlisle, PA 17013
(717) 243-5513
1.0. I; 27742
.
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ij
In the Court of Common PleBS of CUMBERUND Connty, I)ennsylvanla
1)(I\ll~~l'IC 1U:l.Al'Ill~S S':Cl'Ill~
1'.Il. nllx 320, CAIII.ISU:. I'A. .TOIl
Phonel (717)240-6115 ."Rkl (717) 240-6248
NOVBMBBR 12, 1997
Plainllff Name: HOLLY L. 01 GIOVANNI
Defendant Name: SANDY 01 GIOVANNI
Dockel Number: 767 S 96
PACSES Case Number: 414000033
Olher Stale ID Number:
Mow> notel All rormpondmre muallnrludr tbe I'ACS'~~ ClIiC Nnmhfr.
Certification of Arrearal!.e
I, Amy L. Ickes , hereby certify lhat arrearages on the above captioned
support order as of NOVBMBBR 12, 1997 lolal $ l, 729. 8S
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vs.
MMON PLEAS OF
CUMBERU\ND COUNTY, PENNSYLVANIA
NO. 96. 5758 CIVIL TERM
CIVIL ACTION. DIVORCE
SANDY DIGIOVANNI, JR.
Defendant.
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AND NOW, this I)lh day of November, 1997, I, JAMES D. FLOWER, JR.,~S\Ulre,
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of the law firm of FLOWER, MORGENTHAL, FLOWER & LINDSAY, Attorneys,)er~~'y c~lfy that
I served the within Rule to Show Cause this day by depositing same In the United States Mail,
First Class, Postage Prepaid, In Carlisle, Pennsylvania, addressed to:
Sandy DIGiovanni, Jr., the Defendant
1124 States Road
Cheyenne, Wyoming 82009
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FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiff
By
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James D. Flower, Jr.,
11 East High Street
Carlisle, PA 17013
(717) 243-5513
1.0. II 27742
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96 - 5758 CIVIL TERM
HOLLY L. DIGIOVANNI,
Plaintiff,
SANDY DIGIOVANNI, JR.
Defendant.
CIVIL ACTION - DIVORCE
CEBIlE.I.CAIf.j),UfIMCE
AND NOW, this ~h day of November, 1997, I, JAMES D. FLOWER, JR., Esquire,
of the law firm of FLOWER, MORGENTHAL, FLOWER & LINDSAY, Attorneys, hereby certify that
I served the within Rule to Show Cause this day by depositing same In the United States Mail,
First Class, Postage Prepaid, In Carlisle, Pennsylvania, addressed to:
Wililam C. Vohs, Esquire
Attorney for the Defendant
4720 Old Gettysburg Road
Mechanlcsburg, Pennsylvania 17055
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for PlalntiH
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James D. Flwer, Jr. Esquire
11 East High Str
Carlisle, PA 17013
(717) 243.5513
1.0. # 27742
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HOLLY L. DIGIOVANNI
Plaintiff
: IN TIlE COUIlT OF COMMON PLEAS OF
: CUMBEIlLAND COUNTY, PENNSYLVANIA
vs.
: NO. 96.5758 CIVIL TEIlM
SANDY DIGIOVANNI, JIl"
Defendant
: CIVIL ACTION. I>IVOIlCE
OIUlEII OF COlJln'
AND NOW,thi~Jt of 0 c.:foiJ ~, 1999. in consideration oCthe attached
,
Motion. a Ilule is hereby issued upon the Defendnnt. SANDY DIOIOV ANNI, JR., to show enuse
why this Court should not enter nn Order directing the Defendant 10 execute a Deed to convey
his Interest in the real estate nt 1318 Pine Road, Carlisle, Pennsylvania to the Plnintiff, and
further providing that the Prothonotary of Cumberland County would be ordered to sign such a
Deed on behalf of the Defendunt If the Defendantlillls to cxecute and deliver such a Deed.
This RULE is returnublc within 30 days oller service upon Defenduntln accordance with
Pennsylvania Rule Civil Procedure 1930.4 subsection C which provides for certified lI1all and
simultaneous regular first class l11all.
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1'1I1Inlll1'
: IN TIlE COURT OF COMMON I'LEAS OF
: CUMBERLAND COUNTY, I'ENNSYL VANIA
VB.
: NO. 1)6.5758 CIVIL TERM
SANDY Di<llOV ANNI, Jlt"
Dcfcndanl
: CIVil. ACTION. I>\VORCE
I'LAINTII'."S MOTION FOIt A IUJU~ TO snow CAUSE
IlEGAI\IlING ENFOItCEMENT OI1l\1AIUT AL. SETTLEMENT ACmEEMENT
I'lalnlll1', 1I0lly 1.. DiOiovannl, hy hcr alltJrncy, Tllylnr 1'. AmJrcwB, Esquirc, of Andrcws
& Johnson. rcspcctfully rcprcscnls:
I. \'Iaintlft'ls 1I0lly 1.. DiOlovannl. anlldulllndividual, who rcsidcs at t318 I'lnc
Road, Carlisle, Cumberland Counly, I'cnnsylvanla 17013,
2, Dcfcndanl is I'lalnllll's formcr husband, Sandy DiGiovanni, Jr., an adult
Individual, who rcsldcs al 13269 Van Wcrt. WlIIshlrc Road, Ohio City, Ohio 45874.
3. This Court cnlcrcd a divorcc dccrce In this case on May 2,1997.
4. The I'lalnlll1' and Delcndant CKcculCd a wrltlcn Marllal Sclllcment Allreement
daled March 10, 1997, a copy of the Agrcclllcnlls allachcd herclo as EKhlblt A,
5. Thc Marital Sclllclllcnl Agrccmcnt provldcs at paragraph 4 on pagc 3 as follows:
The !Jllrlle.I' "rc OIl'lIcr.1 I!fll hOll/c III I J I H PI/II! ROlld, CIIl'Ils/c.
/'C/lll.lyIVIIIIIII, III/.Ihll/ul IIwce.l/o l"'olll!J/ly eXCL'I//c II deed L'o/ll'cylllg 1111 I!f'/JI.I
rlghl //lIe lI11d lII/crc.II III .miLI hO/lle /fl Wl/c, II'I/~ IlI!rclly agrcc.I' If1l1ay Ihc ellllrc
1I//II'INIINe oMlgall/lll /III .miLIlw/IIc IIl1d .Ihlll/ IlIIlemlllf.i' 1111I1 hold IIl/shll/lll
I",r/ll/c,n a/olal/l.\'I IIIIY 10,1.1 /1.1 II re.1II11 01 ,mid Im/ll, II'I/~ IIgrce.1 10 makc all good
Jilllh l!./filrl.1 /II rc/lllll/"'c Ihc morlgogc alld 10 haw 11/1,11111I111'.1 lilli/II! rCIIUlIJcdf;'om
IIIIY Itfm IIgalll,II Ihc I'wpcrlJ'. Ill'/' 11111 Milly 10 aL'hlfVC .II/L'h II rc,1I/11 ,I'hall 1101 hc
dcc/llfd Iflllc a dc/ill/II ,,/lhl,\' AWfl'IlIl!lII,
6. I'lallllill'huB previously pruvided U Dced lollcfcndalll's ultorncy thcn of record,
Wllllullls C. VohN, Esqulrc.thr Dcfcndanllo cOllvcy Ihls propcrly,
7. Defendunt hus refused to convey his interest in the reul estule ut 13\8 Pine Road,
Carlisle,llennsylvanlato 1'lalntilTas required by the parties' wriuen seulementagreement.
8. PlalnlilT is experiencing substantial tinanclal hardship and Plaintiff cannot obtain
relief by refinancing or selling the real estate at \318 Pine Road, Carlisle, Pennsylvania due to
Defendant's refusulto convey his owncrshlp to Pluintiff us required by the Marital Seulement
Agreement.
9. Section 3105 of the Divorce Code provides that a Marital Seulement Agreement
may be enforced by one of the parties to the agrecment to thc same extent as though the
agreement had been an Order of Court except us provided to the contrary In the agreement. 23
Pa. C.S.A Section 3105(a)
10. The Marital Seulement Agreement uuached hereto contains no limitations with
regard to enforcement.
II. Section 3323 ofthe Divorce Code provides that the Court shall have full equity
power und jurisdiction and may Issue Injunctions or other orders which ure necessary to protect
the Interests ofthe parties or to elTectuate the purposes of the Dlvoree Code, und the Court may
grant such relicI' or remedy os equity und jostlce require ugalnst either purty. 23 Pa. C,S.A.
Section 3323.
12. Plalntilf untlclpates thut the Defendant will remuln outside the stute of
Pennsylvanlu and beyond the power of this Court to enforce an nn order compelllng the
Defendant to execute u Deed.
13. Pennsylvania Rule of Civil Procedure Number 1529 provides an equity remedy
when u Delendunt fuils or refuses 10 perfonnln uccordunce whh u Court Order, Rule 1S29
subsection (11) provides:
Where appropriate, the Court may urder the 11ruthonotar)' or
SherllTto perfonl1 any act which a party fuils to perlilrll1 within the
time specitied by the Ordcr or l>Ccree. The designated olllcer shall
act in the name of and lilr the delinquent party and with the same
ellcct as though the uct were perfilrll1ed by the delinquent party.
The Court muy urder the recurding ur regislrutionof any document
thus executed and tax the costs ugainstlhe delinquent party.
\4. Plaintllrhereby seeks an Order compelling the \)efenduntto sign a Deed
conveying Defcndant's interest in the real estute at 131 H Pine Roud. Carlisle. I'ennsylvanla to
Plaintiff, and. iflhe Defcnduntfillls to perfilrll1 us urdered, thutthe Court order the Cumberland
County Prothonotary to execute such u Deed on behalf of the Defcndant. and fhrther order the
Prothonotary to deliver the executed Deed to Plaintitrs ullorney lilr recording In the olllce ofthe
Recorder of Deeds for Cumberland County.
WIIEREFORE,Plaintifl'pruys your 1I0norable Court to issue a Rule upon the Defendant
to show cause why the Defcndunt should nol be urdered to convey his interesl in the real estate at
1318 Pine Road, Carlisle. Pennsylvania to the Plalntifl: and why the Prothonotary should not be
Ordered to execute and deliver a Deed on behalf ofthe Defcndant to convey Defendant's interest
in the real estate atl318Plne Road, Carlisle, Pennsylvania to the Plalntlll'lfthe Defendant fails
to do so himself.
Respectfully submitted.
By:
ANDREWS & JOlt
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Tuyl , Andrews, Esq,
At r ey for I'lalntll'l'
7 est I'omfret Street
Curllsle,l'A 17013
Telephone: (717) 243.0123
Supreme Court III No, 1564\
VB.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96. 5758 CIVIL TERM
HOLLY L. DIGIOVANNI,
Plaintiff,
SANDY DIGIOVANNI, JR.
Defendant.
CIVIL ACTION. DIVORCE
AND NOW, this 31st day of March, 1998, I, JAMES D. FLOWER, JR., Esquire, of
the law firm of FLOWER, MORGENTHAL, FLOWER & LINDSAY, Attorneys, hereby certify that
I served the attached Rule to Show Cause this day by depositing same In the United States Mall,
First Class, Postage Prepaid, In Carlisle, Pennsylvania, addressed to:
Sandy DIGiovanni, Jr., the Defendant
4501 North West 74th Avenue
Pompany, Florida 33065
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiff
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11 East High Street
Carlisle, PA 17013
(717) 243-5513
I.D. # 27742
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IN THE COURT OF COMMON PLEAS OF
CUMBERU\ND COUNTY. PENNSYLVANIA
NO, 96 - 5758 CIVIL TERM
CIVIL ACTION. DIVORCE
HOLLY L. DIGIOVANNI,
Plaintiff,
SANDY DIGIOVANNI, JR.
Defendant.
QBDE1UlE..C.Q1J
AND NOW this
3M.
day of 7U1~1nb.",-
, 1997,
upon consideration of the within Petition, a Rule Is Issued upon Defendant/Respondent, SANDY
DIGIOVANNI, JR. to show cause why an Order should not be issued directing him to sign the
Deed and Power of Attorney to transfer the van in question before a notary public, and cause
them to be delivered to Plaintiff/Petitioner, or be held In contempt of Court.
Rule returnable within
).tJ
days after service upon
Defendant/Respondent, by first class mail. postage prepaid and service to William C. Vohs,
Esquire, Defendant/Respondent's counsel of record,
BY THE COURT:
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TRUE COpy FROM RECORD
In Testimony wh.r.ol, , htlre unlf.l ,.;, my h.nd
.. .nd the !!" oluld Court .t Cerll,I., P..
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Jj4i.v"d, it: H )1: .tttI'I.L;, ,IJ../Aty.
ProthonOI.ry
VB.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96. 5758 CIVIL TERM
HOLLY L. DIGIOVANNI,
Plaintiff,
SANDY DiGIOVANNI. JR.
Defendant.
CIVIL ACTION. DIVORCE
AND NOW comBS Plaintiff/Petitioner, HOLLY L. DIGIOVANNI, by her attorneys.
FLOWER, MORGENTHAL, FLOWER & LINDSAY, and respectfully avers the following:
1. Plaintiff/Petitioner Is HOLLY L. DIGIOVANNI, an adult Individual, who resides
at 1318 Pine Road, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendanl/Respondenlls SANDY DIGIOVANNI, JR., an adult Individual,
who resides al1124 States Road, Cheyenne. Wyoming 82009.
3. This Honorable Court entered a Decree in Divorce, pertaining to these
parties on May 2, 1997.
4, In the course of resolving their respective marital rights, the parties executed
a Marital Settlement Agreement dated March 10, 1997, a copy of which Is attached hereto as
exhibit "A",
5. Said Agreement prOVides in pertinent part at paragraph 4 on page 3, as
follows:
The parties are owners of a home at 1318 Pine Road, Carlisle.
Pennsylvania. Husband agrees to promptly execute a Deed
conveying all of his right title and Interest In said home to Wife. Wife
hereby agrees to pay the entire mortgage obligation on said home
and shall Indemnify and hold Husband harmless against any loss as
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6. Petitioner has provided a Deed for said property to William C, Vohs, Esquire, I
Attorney of record for Defendant/Respondent, and has been assured that the Deed was I
a result of said loan. Wife agrees 10 make a/l good fal/h efforts 10
refinance Ihe mortgage and 10 have Husband's name removed from
any liens agalnsllhe property. Her Inability 10 achieve such a result
sha/l not be deemed to be a default of this Agreement.
forwarded to Defendant/Respondent, and that he has failed to execute and return It.
7. Said Agreement also provides in pertinent part at paragraph 3, on page 2 j
as follows:
Wife will retain tile 1989 Chevy Astro Van and Husband will promplly
execute any and a/l documenls to Iransler a/l his rlghl. tl/le and
Interest In said 1989 Chevy Aslro Van 10 Wife.
8. Petitioner has provided a Power of Attorney to William C. Vohs, Esquire,
attorney of record for Defendant/Respondent, which when executed would allow Wife to transfer
said van to her name alone, and has been assured that the Power of Attorney was forwarded
to Defendant/Respondent, and that he has failed to execute and return it.
9. Counsel for Plaintiff/Petitioner attended a support enforcement hearing at
11:00 a.m., on October 9, 1997, In an attempt to confront Defendant/Respondent and obtain a
signature on the appropriate Deed and aforesaid Power of Attorney, Defendant/Respondent
failed to attend the aforesaid enforcement hearing at the Cumberland County Domestic Relations
Office.
10. Unless Defendant/Respondent signs the Deed and Power of Attorney in
question, It will be Impossible for Plaintiff/Petitioner to refinance the property In question, or to
transfer the van to her name.
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I, HOLLY L. DIGIOVANNI, Plaintiff/Petitioner In the abova captioned action, hereby
verify that the statements made In the within Petition are true and correct to the best of my
knowledge, Information and belief. I understand that false statements herein are made subject
to the penalties of 18 Pa.e.s. Section 4904, relating to unsworn falsification to authorities.
,
Date:
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THIS AGREEMENT made this ---1 D day of ~I'~
19e1, by and between HOLLV L. DIGIOVANNI, of 1318 Pine Road, Carlisle, Cumberland
County, pennsylvanle 17013, hereinafter referred to as WIFE, and SANDY DIGIOVANNI, ...,
of P. O.Box 518, Carlisle, Cumberland County, Pennsylvania, herelnefter referred to as
HUSBAND,
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been Joined In
marriage on March 18, 1986, in Cumberland County, Pennsylvania; and
WHEREAS. a Complaint for Divorce has been flied In the Court of Common Pleas
of Cumberland County, Pennsylvania, to the No. 96.5758 Civil Term; and
WHEREAS, the parties hereto are desirous of settling fully and finally their
respectlvf.\ financial ami propf.\rty rights and obligllllons as between each other, including, without
limitation, the settling of all matters between them relating to the ownership of real and personal
property, end In general, the settling of any and all claims and possible claims against the other
or agalnstlhelr respective estates.
NOW, THEREFORE, in consideration of these considerations, and the mutual
promises and undertakings herelmlller set forth, and for other good and valuabie consideration,
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receipt and sufficiency of which is hereby acknowledged by each of the parties hereto,
HUSBAND and WIFE, each Intending to be legally bound, hereby covenant and agree as
follows:
1. Advice 01 Counsel: The parties hereto acknowledge that each has been
notified of his or her right to consult with counsel 01 his or her choice, and have been provided
a copy of this agreement with which to consult with counsel, WIFE is represented by James D.
Flower, Jr., Esquire, and HUSBAND, Is represented by William C. Vohs, Esquire. Each party
ecknowledges and accepts that this agreement Is, in the circumstances, fair and equitable, and
that It Is being entered Into freely and voluntarily, after having received such advice and with such
knowledge as each has sought from counsel, and that execution of this agreement Is not the
result of any duress or undue Influence, and that It Is not the result of any improper or Illegal
agreement or agreements,
2. Divorce: The parties agree to the entry of a Decree in Divorce. The parties
will execute, on the date of this agreement, Affidavits of Consent under Section 3301 (c) of the
Divorce Code, consenting to the entry of a Decree in Divorce.
3. Personal Property: The parties acknowledge that they have equitably end
satisfactorily divided all of their personal property, and that all personal property shall be the sole
and Individual property of the party In whose possession it is as of the date of this agreement.
WIFE will retain the 1989 Chevy Astro Van and HUSBAND will promptly execute any and ell
documents to trnnsfer all his right, title and Interest in said 1989 Ghevy Astro Van to WIFE.
2
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WIFE will pay the balance of the loan for the purchase of said vehicle to the lienholder, and shall
Indemnify and hold HUSBAND harmless against any loss as a re8ult of Bald loan. HUSBAND
will retain the Chevrolet Pickup Truck and his Harley Davidson Motorcycle. HUSBAND shall pay
any outstanding indebtedness on the said motor vehlclas, end indemnify and hold WIFE
harmless against any loss on account of eny such outstanding Indebtedness.
4. Real Property: The parties are owners of a home at 1318 Pine Road,
Carlisle, Pennsylvania. HUSBAND agrees to promptly execute a Deed conveying all of hla right
lIt1e and Interest In seld home to WIFE. WIFE hare by agrees to pay the entire mortgage
obligation on said home and shall Indemnify and hold HUSBAND harmless against any loss as
e result of said ioan. WIFE agraes to make all good.falth efforts to refinance the mortgage and
to have HUSBAND'S name removed from any liens against the property. Her Inability to achieve
such a result shall not be deemed to be a default of this Agreement.
5, The parties owe an unsecured debt to AVCO with an approximate balence
of $10,000,00, and have an unsecured debt to MasterCard in the amount of $3,600,00,
HUSBAND and WIFE egree to lolnly enter Into e consumer bsnkruptcy, to eliminate their
unsecured debt. The parties mutually agree to promptly provide any and all information
necessary to do so, and to pay in advance, and divide equally, the costs of legal feas and filing
costs for said bankruptcy.
6. A temporary Order WIlS entered under the Protection From Abuse Act to No,
96-4192, In favor of Sandy DiGiovanni, Jr. end against Holly L. DiGiovanni, dated July 24, 199B.
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Sandy DIGiovanni, Jr. agrees contemporaneous with the signing of this agreement to stipulate
to the withdrawal of his Petition and the termination of said Protection From Abuse Order against
Holly L. DIGiovannI.
7. WIFE Is aware that HUSBAND has a pension or other retirement fund or
account with his employer, Motorola, which Is of a present approximate velue of $13,000.00.
WIFE agrees to waive all of her Interest In said asset.
B. Alimony: The parties waive any claim thst they may have one against the
other for alimony or spousal support. The parties acknowledge that each has sufficient assets
with which to maintain themselves after divorce.
9. Marital Debt: The parties may have, In their own names, certain credit card
accounts which may Include some marital debt. Each party will be responsible for the debt on
the credit card accounts In his or her name. Each party will Incur no debt for which the other
may be liable, and will indemnify end hold the other harmless for any debt so Incurred.
10. WIFE agrees to wealve any and all Interest she may have In HUSBAND'S
Motorola Profit Sharing and Investment Plans and Pension.
11. custody: The parties are parents of three children, LUKE DIGIOVANNI,
born June 3, 1981; CARLlE DIGIOVANNI, born August 23, 1987; and GABRIELLE
DIGIOVANNI, born April 29, 1992. The parties shall share legal custody of said children. WIFE
shall have primary physical custody of said children, and HUSBAND shall have partial custody
at such times as shall be agreed by the parties.
4
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12. Modification: No modification, recision, or amendment of this agreement
shall be effective unless In writing signed by each of the parties hereto.
13. Applicable Law: All acts contemplated by this agreement shall be
construed and enforced under the laws of the Commonwealth of Pennsylvania.
14. Agreement Binding on Parties and Heirs: this agreement, except as
otherwise expressly provided herein, shall bind the parties hereto, and their respective heirs,
executors, administrators, legal representatives, assigns and successors In any Interest of the
parties.
15. Agreement Not to be Merged: this agreement shall be Incorporated Into
the final decree of divorce of the parties hereto for purposes of enforcement only, but otherwise
shall not be merged Into said decree. The parties shall have the right to enforce this agreement
under the Divorce Code of 1980, as amended, and In addition, shall retain any remedies In law
or In equity under this agreement as an Independent contract. Such remedies In law or equity
are specifically not waived or released.
16. Documents: The parties hereto agree that they will execute and deliver one
to the other any documents necessary to give effect to the terms of this Agreement.
17. Full and Final Settlement: WIFE and HUSBAND each do hereby mutually
remise, release, quitclaim and forever discharge the other and the estate of such other, for all
time to come, and for all purposes whatsoever, of and from any and all rights, titles, Interests
or claims In or against the property (Including Income and gain from property hereafter accruing,
5
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of the other) or against the estate of such other, of whatever nature and wheresoever situate,
which she or he now has or at any time hereafter may have against such other, the estate of
such other or any part thereof, whether arising out of any former acts, contracts, engagements
or liabilities of such other, or by way of dower or curtesy, or claims In the nature of dower or
curtesy of widows' or widowers' rights, family exemption or similar allowance. or under the
Intestate laws, or the right to take agelnst the spouse's will; or the right to treat a lifetime
conveyance by the other as testamentary, or all other rights of a surviving spouse to participate
In a deceased spouse's estate, whether arising undar the laws of Pennsylvania, any other State,
or any other Country, or any rights which either spouse may have, or at any time hereafter have,
for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees,
costs or expenses, whether arising as a result of the marital relation or otherwise, except and
only except, all rights end egreements and obligations of whatsoever nature arising or which may
arise under this Agreement or before the breach of any thereof. It Is the Intention of HUSBAND
and WIFE to give to each other by the execution of this Agreement a full, complete and general
release with respect to any and all property of any Idnd or nature, real, personal or mixed, which
the other now owns or may hereafter acquire, except and only except, all rights and agreaments
and obligations of whatsoever nature arising or which may arise under this Agreement, or for
the breach of any thereof, SUbJect, however, to the Implementation and satisfaction of the
condition precedent as set forth herein above.
6
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
WITNESS:
v
6~1I~~~-.
_~ ,ti,./-: ~- -- '
Sandy DIGiovanni, e.
(Seal)
(Seal)
7
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1..~{7
COMMONWEALTH OF PENNSYLVANIA )
: S8.
COUNTY OF CUMBERLAND )
On this, the 10 fA.. day o~/)\ (r. ~ (l U , 1997, before
me, the undersigned officer, personally appeared HOLLY L>9IGIOVANNI, known to me (or
satisfactorily proven) to be the person whose name Is subscribed to the within Instrument, and
acknowledged that she executed the same, for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Ll
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
)
. 55.
)
...
On this, the IOolh day of C/11aJt.1!JL ,1997, before
me, the undersigned officer, personelly appeared SANDY DIGIOVANNI, known to me (or
satisfactorily proven) to be the person whose name Is subscribed to the within Instrument, and
acknowledged that he executed the same, for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
t
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- Notary Public
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HOLLY L. DIGIOVANNI,
Plaintiff,
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96. 5758 CIVIL TERM
CIVIL ACTION. DIVORCE
SANDY DIGIOVANNI, JR.
Defendant.
AND NOW, this
day of
I 1998, upon
consideration of the within Petition to Make Rule Absolute, SANDY DIGIOVANNI, ~R.,
Defendant/Respondent Is held In contempt for failing to respond to the Rule to Show Cause
Issued by this Court.
Sentencing Is scheduled for
,1998,
BY THE COURT:
J. ;
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~';\.rU\Jdrild\...,.\dl,itlU,IUIlII'1 hIt Illk
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96. 5758 CIVIL TERM
HOLLY L. DiGIOVANNI,
Plaintiff,
SANDY DIGIOVANNI, JR.
Defandant.
CIVIL ACTION. DIVORCE
, .
AND NOW, comes Plaintiff/Petitioner, HOLLY L. DIGIOVANNI, by her attorneys,
,
FLOWER, MORGENTHAL, FLOWER & LINDSAY, and respectfully avers the following:
.',
(II)
1. On November 3, 1997, the Honorable George E. Hoffer Issued a Rule upon
Defendant/Respondent, SANDY DIGIOVANNI, JR., to show cause why he should not sign the
Deed to the marital home and the Power of Attorney to transfer the Van, as he egreed to in the
Property Settlement Agreement, and cause them to be delivered to Plaintiff/Petitioner, or be held
In contempt of Court. A true and correct copy of the aforesaid Order of Court and Plaintiff's
Motion for a Rule to Show Cause are attached hereto as Exhibit "A".
2. Plaintiff caused the aforesaid Rule to Show Cause and accompanying
Petition to be served upon SANDY DIGIOVANNI, JR. at his last known address of 1123 States
Road, Cheyenne, Wyoming 82009, the address which he provided to the Domestic Relations'
Office, and upon his counsel of record. WILLIAM C. VOHS, ESQUIRE, by first class mall on
November 12, 1997. Certificates of Service upon Defendant and Attorney Vohs are attached
hereto as Exhibits "B" and "C", respectively.
.,
-
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3. Plaintiff received back Defendant's notice sent to him In Wyoming marked
"Del/very Attempted Addressee Unknown". Plaintiff more recently iearned that Defendant moved
to 4501 Northwest 74th Avenue, Pompany, Florida 33065. Plaintiff accordingly sent a copy of
the Rule to Show Cause and Petition to Defendant at the aforesaid address by first class mail
on March 31, 1996, A copy of the Certitlcate of Service tor said mailing Is attached hereto as
Exhibit "0". A copy of the accompanying letter to Mr. DIGiovanni referencing a copy to his
Attorney of record, WILLIAM C. VOHS. ESQUIRE, Is attached hereto as Exhibit "E".
4. The U. S. Postal Service has not returned the Rule which was sent to
Defendant/Respondent on March 31, 1996.
5, Defendant/Respondent has not flied en Answer to the Rule to Show Cause
entered by this Court on November 3, 1997.
WHEREFORE, Plaintiff/Petitioner requests that an Order be entered by this Court
holding Defendant/Respondent in contempt for failing to respond to the Rule to Show Cause
Issued by the Court and scheduling a date for sentencing.
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiff/Petitioner
By
~j),~
James D. Flower, Jr., Esquire
11 East High Street
Carlisle, PA 17013
(717) 243.5513
1.0. *27742
.'
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~
I, HOLLY L. DIGIOVANNI, Plaintiff/Petitioner In the above captioned action, hereby
verify that the statements made In the within Petition are true and correct to the best of my
knowledge, Information and bellElf I undflrstanrl fhat falsA statements herein are made subject
to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
...
Date:
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.
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HOLLY L DIGIOVANNI,
Plalntlff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96. 5758 CIVIL TERM
CIVIL ACTlON . DIVORCE
VI.
SANDY DIGIOVANNI, JR.
Defendant.
AND NOW this
~
.jt1J..
.1997,
day of '1tt.iA.t1~
upon conslderaUon of the within Petition, a Rule Is Issued upon Defendant/Respondent, BANDY I
DIGIOVANNI, JR. to show cause why an Order should not be Issued directing him to sign the
Deed and Power of Attorney to transfer the van In question before a notary public, and cause
them to be delivered to Plalntm/Petltloner, or be held In contempt of Court.
Rule returnable within
2-tJ
days after service upon
Defendant/Respondent, by first class mail, postage prepaid and service to William C. Vohs,
esquire, Defendant/Respondent's counsel of record.
BY THe COURT:
(y JlM.\1Lt, ~~"'G
.
TRUE COpy FROM RECORD
In real/monv wh.reof. I here unIt) lot mv h.nd
" end 'h. .!!.I 01 stld COUll ., CtrUII., Pe.
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Prolhonollry
EXHIBIT
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a result of said loan. Wile agrees to make all good faith effort. to
refinance the mortgage and to have Husband's neme removed from
any liens against the property. Her InabilIty to achIeve such a result
shall not be deemed to be a default of this Agreement.
6. Petitioner has provided a Deed tor said property to William C. Vohs, Esquire,
Attorney of record for Defendant/Respondent, and has been assured that the Deed was
forwarded to Defendant/Respondent, and that he has failed to execute and return It.
7. Said Agreement also provides In pertlnant part at paragraph 3, on page 2
as follows:
Wife will retain the 1989 Chevy Astro Van and Husband will promptty
execute any and all documents to transfer all his right, title and
Interest In saId 1989 Chevy Astro Van to Wife.
,
I
I
8. Petitioner has provided a Power of Attorney to William C. Vohs, EsqUire, '
I
attorney of record for Defendant/Respondent, which when executed would allow W/la 10 transler i
said van to her name alone, and has been assured that the Power 01 Allorney was forwardad I
to Defendant/Respondent, and that he has lallad to execute and return it.
9. Counsel lor Plaintiff/Petitioner attended a support enforcement hearing at I
11:00 a.m., on October 9,1997, In an attempt to conlront Darendant/Aaspondent and obtain a
I
signature on the approprlate Deed and aforesaId Powsr of Attorney, Defendant/Respondent I
failed to attend the aforesaid enforcement hearing at the Cumberland Counly Domestic Relations
Office.
10. Unless Defendant/Respondent signs the Deed and Power of Attorney in
question, It will be ImpossIble for Plaintiff/Petitioner to rerlnancQ the property In question, or to
transfer the van to her name.
..
3
WHEREFORE, Plaintiff/Petitioner respectfully requests that your Honorable Court
Issue a rule upon Defendant/Respondent to show cause why a Court Order should not be
Issued directing him to sign the Dead and power of Attornay In question before a notBlY public.
and cause It to be delivered to Plaintiff/petitioner, or be held In contempt of Court.
FLOWER, MORGENTlfAL, FLOWER & UNDSA Y
Attorneys for Plaintiff/Petitioner
'.
--
4
,
~
I, HOLLY L. DIGIOVANNI, Plalntlff/Petltfoner In the above captioned action, hereby
verify that the atatements mede In the within Petition ITe true and correct to the best of my
knowledge. Information and belief. I understand thai falle etatemenla herein are mada subject
to the penalties of 18 Pa.e.S. Section 4904, relating to unsworn fa/slneatlon to authorities.
tf1t ~' <HL~ '.
. Iy, t:. 01 1e9~1, Plaintiff/Petitioner
011.:
It) 11.,-1.; 7
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THIS AGREEMENT made this -l D
day of ~ 1'1.
19s1, by and between HOLLY L. DIGIOVANNI, of 1318 Pine Road, Carlisle, Cumberland
County, Pennsylvania 17013, hereinafter referred to as WIFE, and SANDY DIGIOVANNI, oil..
of P. O. 'Box 618, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to es
HUSBAND,
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having baen joined In
marriage on March 18, 1986, In Cumberland County, Pennsylvania; and
WHEREAS, a Complaint for Divorce has been flied In the Court of Common Pleas
of Cumberland County, Pennsylvania, to the No. 96.5758 Civil Term; and
WHEREAS, the parties hereto are desirous of settling fully and finally their I
respective financial and property rights and obligations as between each other, Including, without
limitation, the settling of all matters between them relating to the ownership of real and personal
property, and In general, the settling of any and all claims and possible claims egalnst the other
or against their respective estates.
NOW, THEREFORE, in consideration of these considerations, and the mutual
I
promises and undertakings hereinafter set forth. and for other good and valuable consideration, I
I
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c:\'IIr'I\Jdr;f~,.J"h;K'~'M' '"r
receipt end sufficiency of which Is hereby acknowledged by each of the parties hereto.
HUSBAND end WIFE, each Intending to be legelly bound, hereby covenant and agree as
follows:
1. Advice of Counsel: The parties hereto acknowledge thet each has been
notified of his or her right to consult with counsel 01 his or her choice, and have been provided
a copy of .thls agreement with which to consult with counsel. WIFE Is represented by James D.
Flower, Jr., Esquire, and HUSBAND, Is represented by William C. Vohs, Esquire. Each party
acknowledges and accepts that this agreement Is, In the circumstances, fair and equitable, and
that It is being entered Into freely end voluntarily, after having received such advice and with such
knowledge as each has sought from counsel, and that execution of this agreement Is not the
result of any duress or undue Influence, and thet It Is not the result of any Improper or Illegal
agreement or agreements.
2. Divorce: The pertles agree to the entry of a Decree In Divorce. The parties
will execute, on the date of this agreement, Affidavits of Consent under Section 3301(0) of the
Divorce Code, consenting to the entry of a Decree in Divorce.
3. Personal Property: The parties acknowledge that they have equitably and
satisfactorily divided all of their personal property, and that all personal property shall be the sole
and Individual property of the party In whose possession II is as of the date of this agreement.
WIFE will retain the 1989 Chevy Astro Van and HUSBAND will promptlv execute any and all
documents to transfer all his right, title and Intereslln said 1989 Chevy Astro Van to WIFE.
2
Ith'l'S' \jlSljrdocld\d.~IIIAl...
WIFE will pay the balance of the loan for the purchase of said vehicle to the lienholder, and shall
Indemnify and hold HUSBAND harmlass against any loss as a result of said loan. HUSBAND
will retain the Chevrolet Pickup Truck and his Harley Davidson Motorcycle. HUSBAND shall pay
any outstanding Indebtedness on the said motor vehicles, and Indemnify and hold WIFE
harmless against any loss on account of any such outstanding Indebtedness.
4. Real Property: 1l1e parties are owners of a home at 1318 Pine Road,
Carlisle, Pennsylvania. HUSBAND agrees to promptly execute a Deed conveying all of his right
title and Interest In said home to WIFE. WIFE hereby agrees to pay the entire mortgsge
obligation on said home and shall Indemnify and hold HUSBAND harmless agelnst any loss as
s result of said loan. WIFE agrees to make all good.falth efforts to refinance the mortgage and
to have HUSBAND'S name removlld from any liens agalnstthe property. Her Inability to achieve
such a result shall not be deemed to be a default of this Agreement.
6. The parties owe an unsecured debt to AVCO with an approximate balance
of $10,000.00, and heve an unsecured debt to MasterCard In the amount of $3,600.00.
HUSBAND and WIFE agree to jolnly enter Into a consumer bankruptcy, to eliminate their
unsecured debt. The parties mutually agree to promptly provide any and all Information
necessary to do so, and to pay In advance, and divide equally, the costs of legal fees and filing
costs for said bankruptcy.
6. A temporary Order was entered under the Protection From Abuse Act to No.
964192, In favor of Sandy DiGiovanni, Jr, and against Holly L. DIGiovanni, dated July 24,1996.
3
r:\WflS I IJdliuJOtt"\dIltcn'1M1 ,Iff'
Sandy DIGiovanni, Jr. agrees contemporaneous with the signing of this agreement to stipulate
to the withdrawal of his Petition and tha termination of said Protection From Abuse Order against
Holly L. DIGiovannI.
7. WIFE Is aware that HUSBAND has a pension or other retirement fund or
account with his employer, Motorola, which Is of a present approximate value of $13,000.00.
WIFE agr~es to waive all of her Interest In seld asset.
8. Alimony: The parties waive any claim that they may have one against the
other for alimony or spousal support. The parties acknowledge that each has sufficient assets
with which to maintain themselves after divorce.
9. Marital Debt: The parties may have, In their own names, certain credit card
accounts which may Include some marital debt. Each party will be responsible for the debt on
the credit card accounts In his or her name. Each party will Incur no debt for which the other
may be liable, and will Indemnify and hold the other harmless for any debt so Incurred.
10. WIFE agrees to wealve any and all Interest she may have In HUSBAND'S
Motorola Profit Sharing and Investment Plans and Pension.
11. Cuatody: The parties ere parents of three children, LUKE DIGIOVANNI,
born June 3, 1981; CARLlE DIGIOVANNI, born August 23, 1987; and GABRIELLE
DIGIOVANNI, born April 29, 1992. The parties shall share legal custody of said children. WIFE
shall have primary physical custody of said children, and HUSBAND shall have partial custody
at such times as shall be agreed by the partlea.
4
c:'wpIIVdO.......W.IcrY_.up
12. Modlflcltlon: No modfftcatlon, recision, or amendment of this agreement
shall be effective unless In writing signed by each of the parties hereto.
13, Appllcabl' Law: All eets contemplated by this agreement shall be
construed and enforced under the laws of the Commonwealth of Pennsylvania.
14, Agreement Binding on Plrtl.1 and Heirs: this agreement, except as
otherwise, expressly provided herein, shall bind the partIes hereto, and their respective heirs,
executors, admlnlstretors, legal representatives, alllgna and successors In any Interest of the
parties.
15. Agreement Not to be Merged: TIlle agreement shall be Incorporated Into
the final decrae 0' divorce of the parties hereto tor purposes of enforcement only, but otherwise
shall not be merged Into said decree. The parties shall have the right to enforce this egreement
under the Divorce Code of 1980, as amended, and In addition, shall retaln any remedies In lew
or In equity under this agreement al an Independent contract. Such remedies In law or equity
are specifically not waived or released.
16. Dooument.: The partlel hereto agree that they will execute and deliver one
to the other any documents necassary to gIve effect to the terms of this Agreement.
17. FuUand FfnalBetllemlnt: WIF& and HUSBAND each do hereby mutually
remise, release, quitclaim and forever discharge the other and the estate of such other, for all
time to come, and for all purpoles whatsoever, of and from any and all rights, titles, Interests
or claims In or egalnst the property (Including Income and gain from property hereafter accruing,
5
.. o~or .. """",or -. end ..,....,"'" """.",
. eel"''' '"", "" , '
.."" o\h8'10l ......." .... ",et"''''or, "" """ '
\lme herealter ma~ halle ags
""'" "" 01 ". "'"' ... 0' " el'I .... """....' -"",,,,
whe\her arising out at any 10rmer '
.uch o\h8' 01 el'I pert "",eo" I "'" m "" -- .. dOW" 0'
ot dower or curtesY, or c a
0' ,"""... .. .uch o\h8" 0' "' wOI "'""" 010-' 0' undO! ""
, h\S 1amll,/ eltemp\IOn or
""'... 01 .......' 0' _". '" ' , .' 01 "" .... \0 .... · ,..1""
\0 \a\{e agal"S\ \he 5pOUse 5 w 1
""'..... I'W" 01 "" .... ' a ."""""" """,,, \0 p.....P".
. e,,\al'l or all o\her rlgtl\5 0
conlle,/a"ce '0,/ \tle o\tler as \e&\am 1 d '" ,.... pen""",,",,' env o\h8' .'".,
, wtle\\'Ier 61'1&lng un er e a
m a daC..... .P""" ".,..., · 01 "env "'" ........ na'""
\5 w\'llctl el\tler spouse mey aile I
01 env 011'" coun"'I' 0' env "'" ai".,n'l "",.en" /II', _a"""
rt or maln\enance, alimony,
'0' peel, ....... 01-' .uPh' eel ...- 01 010""'''' "caP' end
I" a5 a resul\ ot \tle mar
co'" 01 ........' ......to," . t .""",or "etUl' ",,\llIl 01 """, ll'O'i
men\S and o'OlIga\IOns 0 w
Qll\'Ia- ell ""'" end aQl" · " " "" _'IOn .."U...MO
\tle 'Oreactl ot any \tlereo"
""a ""'" \hi,""'''''''''' 01 """" '" a lUll """""'. end ....taI
\he eltecu\lon ot \tlls /l.greeme '
end w,.. \0 ... \0 .",,,,"'" bY "" "",0"" 01 ""end, """"
""" ot an" ~I"d or na\ure, ' I"
"end all ""pa", '. '
,,,,,,, W'" ,.....ct" en, pi ai,lQ"" end .."""," ,
erealter ac~Ulfe, ellcep\ a"d onl,/ ellce ,
,,,. 010" """ _.01 ",01 . ' ",del "'" .."....' 01 "
ra arlsl"g or wtllctl may af se
aod 0'OlIg5\lon5 ot wtla\50ellef "a\U \ ,,\a\IO" and 5a\lstac\lon ot ~
h wellGr \0 \he Imp eme
,,,, blaach 0' env "",,01, aubla'" 0 '
t rth herein a'OoIlG.
co"dl\IO" precede,,\ a5 5e\ 0
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the da~
and year first above written.
WITNESS:
~II:(~;-~ ..
(Seal)
v
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Sandy DIGiovanni, II:
(Seal)
7
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COMMONWEALTH OF PENNSYLVANIA )
: 8..
COUNTY OF CUMBERLAND )
On this, the 10 fA.. day 0~1')'\LL4 (l U' ,1997, before
me, the undersigned officer, personally appeared HOLLY L'DlGIOVANNI, known to ma (or
satisfactorily proven) to be the person whose name Is subscribed to the within Instrument, and
acknowledged that she executed the same, for the purposes therein contalnad.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
I
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COMMONWeALTH OF PENNSYLVANIA )
: lB.
COUNTY OF CUMBERLAND )
On this, the I O.th _ day of Ct?1/MJ!JL , 1997, before
me, the underelgned officer, personelly appeared SANDY DIGIOVANNI, known to me (or
satisfactorily provan) to be the person whosa name Is subscribed to the within Instrument, and
acknowledged that he executed the same, for the purposes therein contalnad.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
t{~~. )1y.~
Notary Publlo
8
fiLE COpy
HOLLY L. DIGIOVANNI,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. sa. 5758 CIVIL TERM
CIVIL ACTION - DIVORCE
VB.
SANDY DIGIOVANNI, JR.
Defendant.
AND NOW, this 12th day of November, 1997, I, JAMES D. FLOWER, JR., Esquire, I
of the law firm of FLOWER, MORGENTHAL, FLOWER & UNDSAY, Attorneys, hereby certify that
I served the within Rule to Show Cause this day by depositing same In the United States Mall,
First Class, Postage Prepaid, In Carlisle, Pennsylvania, addressed to:
William C. Vohs, Esquire
Attorney for the Defendant
4720 Old Gettysburg Road
Mechanlcsburg, Pennsylvania 17055
FLOWER, MORGENTHAl., FLOWER & UNDSAY
Attorneys for Plaintiff
By
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exHIBIT
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f~LE CGr~
..
HOLLY L DIGIOVANNI,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSVLVANIA
NO. 96. 5758 CIVIL TERM
CIVIL ACTION - DIVORCE
vs.
SANDY DIGIOVANNI, JR.
Defendsnt.
I
I
AND NOW, this '~h day of November, 1997, I, JAMES D. FLOWER, JR., Esquire, ;
I
of the law firm of FLOWER, MORGENTHAL, FLOWER & LINDSAY, Attorneys, hereby certlly that
I served the within Rule to Show Ceuse this dey by depositing same In the United States Mail, I
First Class, Postage Prepaid, In Carlisle, Pennsylvania, addressed to:
Sandy DIGiovanni, Jr., the Defendant
1124 States Road
Cheyenne, Wyoming 82009
FLOWER, MORGENTHAL, FLOWER & L1NDSAV
Attorneys for Plaintiff
By
,
,
,
It. \
James D. Flower, Jr.,
11 East High Street
Carlisle, PA 17013
(717) 243.5513
1.0. * 27742
'.
EXHIBIT
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LAW OPFICES
FLOWER, MORGENTHAL, FLOWER & LINDSAY
A r~OFIWIONAL COlftJIlA nON
II EAST HIOH STREET
CARLlSLB, PBNNSYLVANIA 17013.3016
JAMBS D. PLOWBR
ROOBR M. MOROIlNllIAL
JAMBS D. PLOWBR. JR.
CAROL I. UNDSAV
DllrrsCII A MOROI:HllIAL
(197"'915)
I'\.llWBR. KRAMBR
MOROIlNllIAL" ~WWBR
(IV1s.t'I92)
(717) 24)'11lJ
FAX, (711) 24USIO
Novcmber II, 1997
Mr. Sandy DIGiovanni, Jr.
1124 States Road
Cheyenne, Wyoming 82009
REI DIGIOVANNI v, DIGIOVANNI
NO. 96.5758 CIVIL TERM . DIVORCE
Dcar Mr. DIGIovanni:
Enclosed plcase find the Rule to Show Cause signed by Judge Hofter on Novcmbcr J, 111117.
You have twenty days from the date of this feller to rcspond 10 this Ordcr of Courl.
Very truly yours,
FLOWER, MOROENTHAL. FLOWER & LINDSAY
J (.,~,:,~oft)
JDFJranJm
Enclosure
cc: Holly L. DIGiovanni
William C. Vohs, Esquire
-
LAW OPPICES
PLOWER, MOROENTHAL, PLOWER & LINDSAY
A ",OfIl&lIOHA~ ,"alUMt10H
II BAST HIOH STREET
CARLlSLB, PENNSYLVANIA 17013.3016
JAMES D. fLownR
1'00111' M. MORowmlAL
JMIIlS D. PLOwell. JII.
CAROL J. UNOIA V
(717) Z4).SJ13
PM: (711) Z4US 10
Dllmell .. MORowmlAL
(1975.1911)
PLOWEII. KRAMER
MOROwmIAL. I'LOWER
(1911.1992)
November 11, 1997
William C. Vohl, Esquire
Office of the Superior Court
4720 Old Oettysburg Road
Suite 405
Mechanlcsburg, PA 170SS
REI DIGIOVANNI v, DIGIOVANNI
NO, 96.5758 CIVIL TERM
Dear Chuck:
Bnclosed plellle find the Rule to Show Cuuse In the uhuve referenced COle, Ilgned by Judge
Hoffer on November 3, 11197.
Very truly yours,
FWWE~6'ftAL. FLOWE~ .. UNDSA V
JOm~IOWer, Jr,
JPpJr:mjm
Bnclolure
cc: Ma. Holly DIOlovllnnl
Mr. SlIndy DIOlovllnnl, Jr,
to
FILE 'CQ?Y
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96. 5758 CIVIL TERM
CIVIL ACTION - DIVORCE
HOLLY L. DiGIOVANNI,
Plaintiff,
SANDY DIGIOVANNI, JR.
Defendant,
AND NOW. this 31st day of March, 1998, I, JAMES D. FLOWER, JR., Esquire. of
the law firm of FLOWER, MORGENTHAL, FLOWER & LINDSAY, Attorneys, hereby certify that
I served the attached Rule to Show Cause this day by depositing same In the United States Mail.
FIrst Class, postage Prepaid, In Carlisle, Pennsylvania, addressed to:
Sandy DIGiovanni, Jr., the Defendant
4501 North West 74th Avenua
Pompany, Florida 33065
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiff
B~ rllL'-l-' -{~~ -
, James. ower, J~, t:rqulre
\j. 11 East High Street \J
Carlisle, PA 17013
(717) 243-5513
1.0. If 27742
EXHIBIT
I
liD"
FltE. COP)
L"W OPPICE'
PLOWER, MOROENTHAL, PLOWER & LINDSAY
A I'IIOrWIONAL l'OlPOMnoN
1 t BAST HIGH STREET
CARLISLE, PENNSYLVANIA 17013.3016
IAMB.. 0, I'I.lIWI!R
RDOllR M. MOROI!lmIAL
IAMIllI O. I'LOWllR. IR.
CAROL I, UIIOMY
(717) m.sm
PA)(, (717) 14US10
DII!T5CII" MOROI!lmIAL
(Im-IVIS)
I'LOWllR. KRAMER
MOROl!lmlAL A I'LOWllR
(\915.1992)
Mnrc:h 31, 1998
Mr. Snndy DIOlovnnnl, Jr.
4501 North West 74th Avenue
Pomponu, FL 331165
REI DIGIOVANNI v, DIGIOVANNI
NO. 96.5758 CIVIL TERM . DIVORCE
Deor Mr. DIOlovnnnl:
Eodoled pleose nnd the Rule 10 Show Clluse Ilgned by Judge Hoffer on November 3. 1997.
You hove twenty dllYS frum the dnte uf this letter to respond to thIs Order of Court.
Very truly yours,
FLOWER, MOROBNmAL. FLOWBR & LINDSAY
Jnmes D. Flower, Jr.
JDFJr:mJm
Enclosure
c:c:: Holly L. DIOIIIVIlOIII
Wllllnm C. Vohs, Esquire
IXHIBIT
I
"J3:1I