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divorce can be concluded under Section 3301(c) of the Domestic
Relations Code.
The Master has been advised that after
considerable negotiations today, the parties have reached an
agreement with respeet to the outstanding economic issues,
The issues that are pending before the Master are equitable
distribution and counsel fees and costs. There has been no
claim raised for alimony.
An agreement is going to be placed on the
record in the presence of the parties, The agreement as
placed on the record will be eonsidered the substantive
agreement of the parties not subject to any changes or
modifications except for correction of typographical errors
which may be made during the transcription. Counsel and the
parties are going to return later today to review the draft
for typographical errors, make any corrections as required,
and then sign the agreement affirming the terms of settlement
as placed on the record at this time. It is specifically
noted that after the parties leave the hearing room and the
agreement has been placed on the reeord, that no changes can
be made to the substantive parts of the agreement even though
there has been no signing affirming the terms of settlement
later today.
After the Master has been provided the
completed agreement, he will prepare an order vacating his
,
appointment so that counsel can prepare a praecipe
transmitting the reeord to the Court requesting that the Court
enter a final decree in divorce. Ms. Lindsay.
MS. LINDSAY: The parties have agreed to a
distribution of property as follows:
1. Husband shall be the exclusive owner of the parties'
home at 601 Spring Lane, Boiling Springs, Pennsylvania.
Within sixty (601 days of the date of this agreement, husband
will obtain a home equity loan on the property and pay to wife
$26,250.00. Contemporaneous with husband obtaining such a
loan, wife will provide to husband a special warranty deed
transferring to him all her right, title and interest in the
marital home.
2. Husband will retain the 1993 Park Avenue, the 1985
Dodge Ram, and a 1984 Dodge Dart, all of which vehicles are
titled in husbandls name presently. Furthermore, husband will
retain an ATV whieh was acquired during the parties' marriage.
Wife relinquishes any right, title or interest she has in the
marital vehicles.
3. Wife is retaining a vehicle which she obtained
subsequent to separation and husband aeknowledges that he has
no claim on that vehicle.
4. The parties' F&M Trust joint checking account will be
retained by wife although it has a negligible value.
5. Husband shall retain his Orrstown Bank account which he
acquired subsequent to separation and also the savings account
No. 19-07-5497 at Greenpoint Bank in New York State.
6. Husband will execute any and all documents required to
transfer to wife all of the stock certifieates which he owns
or they own jointly with the estimated value of $31,154.00.
Husband, additionally, will sign any and all doeuments
required by a broker to transfer the stock certificates into
wife's name. In the event that any of those stoek
certificates are liquidated, wife will bear the tax
consequenees of the liquidation. The parties intend, however,
the transfer of the stock eertifieates to be without tax
consequence as part of an equitable distribution.
7. The parties were joint owners of an Oppenheimer fund
account which was substantially depleted in February 2000.
Approximately $98,00 remains in that account and wife will
have the right to cash out that aecount and accept the balanee
thereof. Husband has been credited with receipt of $8,000.00
from the Oppenheimer aecount prior to its depletion earlier
this year and wife is credited with having received $3,000.00
from the Oppenheimer aecount.
8. The parties also had an investment with SUnArneriea, an
annuity with a policy No. of 8655007705N. The annuitant is
Robert A. Trimigliozzi, the husband herein. By a QDRO,
husband will transfer the entire aecount to wife. The
parties understand that the account had a value at the end of
June 2000 of $138,931.00 Husband warrants that he has not
made any withdrawals on that aeeount since June 3D, 2000.
Within 45 days of the date of this agreement, husband's
counsel will obtain from SUnArnerica any restrictions on or
requirements for the QDRO and, if possible, an aeeeptable
sample order. SUnArnerica will provide that information to
wife's attorney who will prepare the QDRO, submit it to
husband and to SUnArnerica for approval where obtaining a Court
order. In the meantime, husband will not withdraw any monies
from the SunArnerica aecount.
Husband aeknowledges receipt of $23,600.00 from the
SunArnerica account, some of which was used to pay taxes on his
pension and on the SunArnerica withdrawals, and has been
credited with receipt of an advance from that aceount of
$10,965.00. Wife is credited with receipt of $4,900.00 from
that account.
9. Husband is the recipient of a New York Transit
Authority pension, 55% of which is marital property. Husband
has been credited with receipt of a certain amount of that
pension as a part of this equitable distribution between the
date of separation and the date of the hearing whieh amount is
approximately $52,000.00. Commeneing September 1, 2000,
husband will pay to wife directly, until sueh time as a QDRO
has been put in place, $684.00 per month. Wife will reeeive
through a QDRO 50% of the marital portion of the pension
together with any costs of living increases thereon effective
from the date of the QDRO is put into place. Husband's
counsel, within 45 days of the date of this agreement, will
provide to wifels counsel the requirements for a QDRO with the
New York City Transit Authority and sample QDRO provided by
that authority and wife's eounsel will prepare the QDRO for
the marital portion of the pension submitting the same to
husband's counsel and to the plan adminitrator before its
entry as a eourt order.
10. Certain tax eonsequenees flow from the distribution set
out herein and the parties wish to be in agreement on those
eonsequences, It is agreed that wife will pay any tax due on
aeeount of the $4,900,00 withdrawn from the SunAmerica aeeount
in the year 2000 and husband will pay any tax due on the
$4,600.00 withdrawn from the SunAmerica aeeount in the year
2000. Additionally, wife will pay taxes due, if any, on the
$1,800.00 she withdrew from the Oppenheimer aeeount in the
year 2000. Additionally, wife will pay federal ineome tax on
$8,208.00 of husbandls pension for the year 2000.
11. The parties aeknowledge that eertain assets are either
legally or equitably the property of their son, Robert C.
Trimigliozzi, These assets inelude a Relianee Federal
Savings CD, aecount No. 0242707038801. Husband will exeeute a
power of attorney permitting wife to reeeive from Relianee any
and all information regarding that CD. The parties will
reinvest the CD by agreement of the parties in writing. In
the event that they eannot agree, the aeeount shall eontinue
in the present bank in a CD, No withdrawals from the aeeount
will be taken without the written permission of both parties
and the account shall be used exelusively for the boyls
edueation. The parties will equally divide the tax owed by
Robert on aceount of the interest earned on the CD.
12. The parties have eollected over the years eertain
eolleetibles whieh they believe may have some significant
value and whieh they are holding for Robert's benefit. These
inelude approximately 500 eoin banks, some Texaeo trueks, and
Lionel trains. The parties will equally divide the
colleetibles in kind so that wife has possession of 1/2 of
them and husband has possession of 1/2 of them, These
eolleetibles will be preserved for sale to fund Robertls
edueation should the Relianee Federal Savings CD not be
suffieient for the purpose. In the event that Robert does
not go on to higher edueation, then he may have the
eolleetibles in kind when he attains 23 years of age. The
eolleetibles will not be sold without written permission of
both parties.
13. The parties have satisfaetorily divided their household
tangible personal property and all sueh property shall be
exelusively owned by the party in whose possession it is as of
the date of this agreement.
14. Wife withdraws her claims for attorney fees and eosts.
15. In the event that one or the other party to this
agreement breaches its terms and a Court determines that he or
she is in breaeh, he or she will pay the reasonable attorney
fees ineurred by the nonbreaehing party to enforee this
agreement.
16. Exeept as herein otherwise provided, each party may
dispose of his or her property in any way and eaeh party
hereby waives and relinquishes any and all rights he or she
may now have or hereafter aequire under the present or future
laws of any jurisdiction to share in the property or the
estate of the other as a result of the marital relationship
ineluding without limitation, statutory allowance, widowls
allowanee, right of intestaey, right to take against the will
of the other, and right to aet as administrator or executor in
the otherls estate. Eaeh will at the request of the other
execute, aeknowledge, and deliver any and all instruments
which may be neeessary or advisable to earry into effeet this
mutual waiver and relinquishment of all sueh interest, rights,
and claims.
MS, LINDSAY: Mrs. Trimigliozzi, did you hear
the terms of this agreement as I dietated them here today?
MRS. TRIMIGLIOZZI: I did.
MS. LINDSAY: And did you understand them?
MRS. TRIMIGLIOZZI: I did.
MS, LINDSAY: Do you have any questions about
them?
MRS. TRIMIGLIOZZI: No.
MS. LINDSAY: Are they aeeeptable to you?
MRS. TRIMIGLIOZZI: Yes, they are.
MR. MULDERIG: Mr. Trimigliozzi, did you hear
the agreement that was read into the reeord today?
MR, TRIMIGLIOZZI: Yes.
MR. MULDERIG: Did you understand that
agreement?
MR. TRIMIGLIOZZI: A greater percentage, yes.
MR. MULDERIG: No well, if you do not
understand at all, what questions do you have that you didn't
understand?
MR. TRIMIGLIOZZI: I just want to clarify
something.
(A discussion was held off the record.)
THE MASTER: There was a discussion off the
record that Mr, Trimigliozzi wanted to clarify that as of the
present time there is no eost of living benefit with his
pension and Mr. Mulderig also confirmed that there is no
survivor benefit with this pension and that when Mr,
Trimigliozzi dies the pension benefits will cease.
MR. MULDERIG: Do you now understand all of
the terms of this agreement?
MR. TRIMIGLIOZZI: Yes.
MR. MULDERIG: Do you agree with all of those
terms?
MR, TRIMIGLIOZZI: Yes, I do.
MR. MULDERIG: You realize that once you
state that you agree to those terms today that they cannot be
ehanged in any way?
MR, TRIMIGLIOZZI: Yes, sir.
MS, LINDSAY: I would like to just add one
other thing and that is, I would like with your permission to
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ELLEN C. TRIMIGLIOZZI,
Plaintiff
I IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
: NO. <'1'7- 3.:l (I ~ CIVIL TERM
CUSTODY/VISITATION
VB.
ROBERT ANGELO TRIMIGLIOZZI,
Defendant
ORDER
AND NOW, this d S day of
. kJ f"'\ e...
1997, upon
consideration of the attached complaint, it is hereby directed that
the parties and their respecti ve counsel appear before
t:a\..lr-. ~. ~~J 1 t:.SQ0\rC""'., the conciliator, at
..33 '-.J. NQ'",)\: ') h~chCf\ic..~..."rrj ,pJ-\ , on the CO
day of Av,~:r')':--+ , 1997, at -Lo'clock p...,m., for the
Pre-Hearing Custody Conference. At such conference, an effort will .
be made to resolve the issues in dispute; or if this cannot be
accomplished, to define and narrow the issues to be heard by the
court, and to enter into a temporary order. All children age five
or older shall also be present at the conference.
Failure to
appear at the conference may provide grounds for entry of a
temporary or permanent order.
FOR THE COURT,
By:~'\nt01\ ~, ~Ill\~~.
Custody Conciliator(~
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE, FOURTH FLOOR
CARLISLE, PENNSYLVANIA 17013
(717) 240-6200
ELLEN C. TRIMIGLIOZZI,
Plaintiff
VB.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
: CIVIL ACTION - LAW
NO. Q7. 3-<, 'i'1 CIVIL TERM
DIVORCE/CUSTODY
ROBERT ANGELO TRIMIGLIOZZI,
Defendant
CONSOLIDATED COMPLAINT IN DIVORCE
FOR DIVORCE AND CUSTODY
AND NOW, comes the Plaintiff. ELLEN C. TRIMIGLIOZZI, by and
through her attorneys. Gates & Associates. P.C. and makes the
fOllowing consolidated complaint in divorce for divorce and
custody.
1. Plaintiff is ELLEN C. TRIMIGLIOZZI, an adult individual,
who currently resides at 601 Spring Lane, Boiling Springs.
Cumberland County, Commonwealth of pennsylvania, 17007. and haB
resided in Cumberland County since December 17. 1996,
2. Defendant is ROBERT ANGELO TRIMIGLIOZZI, an adult
individual, who currently resides at 601 Spring Lane. Boiling
Springs. Cumberland County. Commonwealth of Pennsylvania,17007, and
has resided in Cumberland County since December 17, 1996.
3. Plaintiff and Defendant have been bona fide residents in
the Commonwealth for at least six months immediately previous to
the filing of this Complaint.
4. The Plaintiff and Defendant were lawfully married on June
21. 1975.
5. The parties had filed for divorce in New York three (3)
years ago, That divorce was never finalized. There has not been
any prior actions of divorce or for annulment filed in the
Commonwealth of Pennsylvania between the parties except this
Complaint filed for divorce with a count for custody.
6. The marriage is irretrievably broken.
7, Plaintiff has been advised of the availability of
counseling and of the right to request that the court require the
parties to participate in counseling, Plaintiff has chosen not to
engage in. or to request any counseling.
8. Neither Plaintiff nor Defendant are in the military service
in the United State armed services. Neither Plaintiff or Defendant
are within the provisions of the Soldiers' and Sailors' Relief Act
of the Congress of 1940 and its amendments,
9. Plaintif f and Defendant had one (1) child from their
marriage, ROBERT CHARLES TRIMIGLIOZZI, born on January 30. 1985.
COUNT I
REQUEST FOR NO-FAULT DIVORCE
UNDER SECTION 3310(C) OF THE DIVORCE CODE
10. The prior paragraphs of this Complaint are incorporated
herein by reference thereto.
11. After ninety (90) days have elapsed from the date of the
filing of this Complaint, Plaintiff intends to file an Affidavit
consenting to the divorce. Plaintiff believes Defendant may also
file such an affidavit.
WHEREFORE, if both parties file affidavits consenting to a
divorce after ninety (90) days have elapsed from the date of filing
of this Complaint, Plaintiff respectfully requests the court to
enter a Decree of Divorce pursuant to Section 3301 (c) of the
Divorce Code,
COUNT II
REQUEST FOR CONFIRMATION OF CUSTODY
UNDBR SECTION 5303 OF THE DIVORCB CODE
12. The prior paragraphs of this Complaint are incorporated
herein by reference thereto.
13. Plaintiff and Defendant had one (1) child during their
marriage, ROBERT CHARLES TRIMIGLIOZZI, born on January 30, 1985.
14. Plaintiff seeks Shared Legal Custody of their minor child
wi th Defendant.
15. Plaintiff seeks Primary Physical Custody of the fOllowing
child:
NAME PRESENT RESIDENCE
ROBERT CHARLES TRIMIGLIOZZI 601 Spring Lane,
Boiling Spring,
PA 17007
AGE
Twelve (12) years
The child, ROBERT CHARLES TRIMIGLIOZZI, was born in wedlock,
The child is presently in the custody of Plaintiff and
Defendant, pending the parties' agreement or the result of a
conciliation conference which will be scheduled by this Court upon
the filing of this complaint. The parties' minor child is still
presently residing in the marital residence at 601 Spring Lane,
Boiling Springs, PA 17007, with both Plaintiff and Defendant,
The mother of the children is the Plaintiff. The mother is
married but desires to be separated from the Defendant,
The father of the children is the Defendant, currently
residing at 601 Spring Lane, Boiling Springs, PA 17007.
The father is married to Plaintiff.
16. The relationship of Plaintiff to the child is that of
natural mother. The Plaintiff currently resides with the fOllowing
persons:
NAME
ROBERT CHARLES TRIMIGLIOZZI
RELATIONSHIP
SON
DEFENDANT
HUSBAND
17, The relationship of Defendant to the child is that of
natural father, The Defendant currently resides with the following
persons:
NAME
RELATIONSHIP
ROBERT CHARLES TRIMIGLIOZZI
SON
PLAINTIFF
WIFE
Since the child's birth, the child has resided at and with the
fOllowing persons:
PERSONS PLACE TIME
Plaintiff and 9 Cathy Court 1985 to
Defendant Nesconset, New York December 16, 1996
Plaintiff and 601 Spring Lane, December 17, 1996
Defendant Boiling Springs, PA to present
19. Plaintiff has not participated as a party, witness, or in
any capacity in any other litigation concerning the custody of this
same child in this or any other state.
20, Plaintiff has consistently attempted to reach amicable
resolutions to any decisions which concern the parties' separation
and divorce and the custody of their child,
21. Despi te Plaintiff I s efforts at cooperation, Defendant has
consistently refused to cooperate, to the point of creating any and
all obstacles within his ability, seeking revenge against Plaintiff
for her desire to end the marriage.
22. Plaintiff does not know of any person not a party to the
proceedings who has physical custody of the child or claims to have
custody or visitation rights with respect to the child,
23, It is in the best interest and welfare of the child to
have Plaintiff and Defendant share Legal Custody of their minor
child, with the Plaintiff being named as the Primary Physical
Custodian, and the Defendant enjoying Partial Physical Custody,
with a right to reasonable and liberal visitation, as the parties
shall mutually agree to. For the following rationale:
A, Plaintiff has been the primary caretaker and
assumed the primary responsibility for the child for his
entire life.
B. Plaintiff has been the party to provide the
child wi th all necessary medical, dental, and vision
care, Plaintiff has been the party to work with the
child in his sehool, sports activities, and general
activities of everyday life, etc.
C. Plaintiff in her preparation for this separation
has placed the child uppermost in her considerations and
taken time to talk with the child and make all necessary
preparations for child care when Plaintiff resumes
employment.
D. Plaintiff has never suggested limiting the
Defendant's contact with his child in any manner,
Plaintiff has only attempted to create a schedule for the
child which would create a wholesome and warm environment
for the child to grow and develop in.
E. Defendant has consistently refused to cooperate
with Plaintiff in planning for the child's best interest
and welfare. Plaintiff hopes to bring this matter before
the court in an attempt to demonstrate to Defendant her
sincere concern for the child and in this matter and
obtain the cooperation of the Defendant.
WHEREFORE, Plaintiff respectfully prays this Honorable Court
to grant Shared Legal Custody to both Plaintiff and Defendant,
grant to Plaintiff Primary physical Custody of their minor child,
with Partial physical Custody to the Defendant.
Respectfully Submitted,
f'"'\
'_ ' I'/\\....
GATES & AS OCI TES, P.C.
Susan Kay nd ello. Esquire
Supreme Court No. 64998
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600
Attorney for plaintiff
Dated: June 18, 1997
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VERIFICATION
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. ~ 4904,
relating to unsworn falsification to authorities.
~- ~ c::.::-\f\.vYYU-~ ~
Ellen C. Trimiglio (s""
Date:
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lrimlgliozzl Potition for oconomlc rollof DOcolnbor 7, 1998
ELLEN C, TRIMIGLlOZZI, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 97 - 3299 CIVIL TERM
ROBERT ANGELO TRIMIGLlOZZI,
Defendant/Respondent
IN DIVORCE/CUSTODY
PETITION FOR ECONOMIC RELIEF
NOW comes Ellen C. Trimigliozzi, by and through her counsel, FLOWER, MORGENTHAL,
FLOWER & LINDSAY, P.C., and petitions this Honorable Court as follows:
1. The parties hereto are husband and wife, having been joined in marriage on June
21, 1975.
2. On June 20, 1997, Plaintiff filed a Complaint for Divorce to the above term and
number.
3, During the course of their marriage, the parties acquired certain property, both
personal and real,
WHEREFORE, Petitioner prays this Honorable Court to equitably divide the parties'
property.
FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff/Petitioner
By:
"
arol . Lindsay
10#4 693
11 East High Street
Carlisle, PA 17013
(717) 243-5513
Date: fft. (
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VERIFICATION
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. 94904,
relating to unsworn falsification to authorities.
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ELLEN C, TRIMIGLlOZZI,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97 - 3299 CIVIL TERM
vs.
ROBERT ANGELO TRIMIGLlOZZI,
Defendant
IN DIVORCE/CUSTODY
PRAECIPE TO WITHDRAW APPEARANCE
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TO THE PROTHONOTARY:
Please withdraw my appearance on behalf of the Plaintiff. Ellen C, Trimigliozzi. in the
above captioned case.
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Susan KaY andiello, Esquire
GATES & ASSOCIATES, P.C.
1013 Mumf'Qa Road, Suite 100
Lemoyne, PA 17043
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PRAECIPE TO ENTER APPEARANCE
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TO THE PROTHONOTARY:
Please enter my appearance on behalf of the Plaintiff, Ellen C, Trimigliozzi, in the above
captioned case,
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Carol J, .kir'ldsay
ID # 44693'
11 East High Street
Carlisle, PA 17013
(717) 243-5513
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ELLEN C. TRIMIGLlOZZI,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97 - 3299 CIVIL TERM
ROBERT ANGELO TRIMIGLlOZZI,
Defendant
IN DIVORCE
AFFIDAVIT UNDER ~ 3301(.QLQE
THE DIVORCE CODE
1, The Parties to this action separated on June 23. 1997 and have continued to live
separate and apart for a period of at least two years,
2. The marriage is irretrievably broken,
3, 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,
~
VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and correel. I
understand that false statements herein are made subject to the penalties of 18 Pa, C,S, 94904,
relating to unswom falsification to authorities,
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Ellen C, Trimlgliozzi,,) \\ ~
Date: "1- ,) ')' 'vI.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97 - 3299 CIVIL TERM
IN DIVORCE
vs.
ROBERT ANGELO TRIMIGLlOlZl,
Defendant
AFFIDAVIT OF CONSENT
1, A Complaint in Divoree under 9 3301(c} of the Divorce Code was filed on June 20.1997,
2, The marriage of plaintiff and defendant is irrefrievahly hrokpn :>nd ninety days have e!2p~ed from
the date of filing and service of the Complaint.
3, I consent to the entry of a final Decree in Divoree after service of notiee of intention to request
enfry of the Decree,
I verify that the statements made in this Affidavit are true and eorrect 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, 4904 relating to unsworn falsification to authorities,
/
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Date: \ I - \ :\ ' '-' ~
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
lj3301(c) OF THE DIVORCE CODE
~
1, I eonsent to the entry of a final Deeree 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 net claim them bef..:,re a divorce j~ Y'dlllC:O.
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 will be sent to me immediately after it is filed with the Prothonotary,
I verify that the statements made in this Affidavit are true and eorrect to the best of rny knowledge,
information and belief. I understand that false sfatements herein are made subject to the penalties of 18
Pa,C,S, 4904 relating to unsworn falsification to authorities,
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Ellen C, Trimigliozzi ' I'
Date:
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ELLEN C, TRIMIGLlOZZI,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
: CIVIL ACTION - LAW
: NO, 97 3299 CIVIL TERM
: IN DIVORCE
v,
ROBERT ANGELO TRIMIGLlOZZI, :
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on
June 23,1997,
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of the filing of the Complaint.
3, I consent to the entry of the final Decree in Divorce after service of Notice
of Intention to request entry of the decree.
'Ii
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING
AFFIDAVIT ARE TRUE AND CORRECT, I UNDERSTAND THAT FALSE STATEMENTS
HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa,C,S, 94904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES,
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ELLEN C. TRIMIGLIOZZI,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
97-3299 CIVIL TERM
ROBERT ANGELO TRIMIGLIOZZI, :
Defendant
IN DIVORCE
RE: Hearing on Separation Date of Parties
DATE: Thursday, September 9, 1999
Counsel for both parties appeared, Carol J.
Lindsay for the Plaintiff and Samuel L. Andes for the
Defendant. The Plaintiff, Ellen C. Trimigliozzi appeared as
a witness; the husband, Robert Angelo Trimigliozzi did not
appear.
After hearing the testimony of plaintiff
wife, the Master stated his findings on the reeord
immediately following the testimony, as follows:
THE MASTER: After hearing the testimony,
the Master is satisfied that the parties have ceased living
in a viable marital relationship, and we will use the date of
separation of the parties as the date of the filing of the
divorce eomplaint, which was June 23rd, 1997. The Master
bases his decision on the testimony of the Plaintiff wife
that the parties have ceased, for a period in exeess of two
years, engaging in any social aetivities, sexual
relationship, and financial relationship. Although the
parties live in the same household, they do not interact
together as a family unit, and the relationship that they
have where they are interacting revolves around the son, who
is a minor, who lives in the household.
Ms. Lindsay, if you want to file a 3301(d)
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ELLEN C, TRIMIGLIOZZI.
Plaintiff
IN TilE cOUHT OF COMMON PLE^S OF
CUMIlERL^ND COUNTY, PENNSYLV^NI^
CIVIL ^CTION L^W
vs.
ROBERT ^NGELO TRIMIGLIOZZI,
Defendant
NO.97 - 3299 CIVIL
19
IN DIVORCE
ST^TUS SHEET
D^TE:
^CTIVITIES:
No direetive for pre-trial statements: no economic
claims have been raised, Given two weeks to raise.
6/10/98
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9115199
Hearing
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Ms. Candiello and Mr. Trimigliozzi
10 June 1998
Paae 2
prejudice to either party.
Very truly yours,
E. Robert Elicker, II
Divorce Master
ELLEN C, TRIMIGLIOZZI, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
:
NO. 97 - 3299
vs.
CIVIL ACTION - LAW
ROBERT ANGELO TRIMIGLIOZZI,
Defendant . IN DIVORCE
,
ORDER AND NOTICE SETTING HEARING
TO: Ellen C. Trimigliozzi , Plaintiff
Carol J, Lindsay , Counsel for Plaintiff
Robert Angelo Trimigliozzi , Defendant
Samuel L, Andes , Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvania on the ?Oth day
of April ,2000, at 9:00 a,m.. at which
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
President Judge
Date of Order and
Notice: 9/15/99
By:
Divorce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP,
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
TELEPHONE (717) 249-3166
ELLEN C. TRIMIGLIOZZI,
Plaintiff
IN THE COURT OF COMMON PLEAS OF'
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 - 3299
vs.
ROBERT ANGELO TRIMIGLIOZZI,
Defendant
CIVIL ACTION - LAW
: IN DIVORCE
RESCHEDULED HEARING
ORDER AND NOTICE SETTING HEARING
TO: Ellen C. Trimigliozzi Plaintiff
,
Carol J, Lindsay Counsel for Plaintiff
,
Robert Angelo Trimigliozzi , Defendant
Robert J, Mulderig Counsel for Defendant
,
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divoree proeeedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvania on the 15th day
of Auqust ,2000, at 9:00 a.m., at which
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case,
By Srttrt.
1, I ,,"\
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I ~rge E. Hoffer, President ,Judge
Date of Order and
;,otiee: 4/19/00
By:
Divorce ~laster
I F YOU DO NOT HAVE A LA\~YEE LJE CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFF'lCE SET FOETH BELO\~ TO FIND OUT \mEHE YOU c:,\!\
(;1''1' LEG/\L HELP.
l'11t-1BEl\I.I\:~ll 1',ltrr<TY B!\H /\~~;{)~'it\Tli\~\
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ELLEN C. TRIMIGLIOZZI,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-3299 CIVIL TERM
v.
ROBERT ANGELO TRIMIGLIOZZI,:
Defendant
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IN DIVORCE
-'.
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IN RE: CONTEMPT
ORDER OF COURT
,)
AND NOW, this lOth day of April, 2000, upon ,.. "
eonsideration of Plaintiff's Petition for Contempt, and
following a hearing at which the Plaintiff was represented by
Carol J. Lindsay, Esquire, and the Defendant represented
himself, the Court finds that the Defendant has intentionally,
voluntarily and willfully failed to eomply with the Order of
Court heretofore entered, and he is eonsequently adjudicated in
eontempt.
The sanction of the Court is that the Defendant
undergo imprisonment in the Cunilierland County Prison for a
period of three months. The condition of purge with respeet to
the sentence is that the Defendant on or before April 17, 2000,
provide verified answers to interrogatories and supply the
documents requested, to the extent that they are in his
possession or subjeet to his acquisition, to Plaintiff's eounsel
or to Plaintiff directly.
The eondition of purge herein being one which
enables the Defendant to purge himself of the sanetion on or
before April 17, 2000, the Defendant need not report to the
Cumberland County Prison in the event that he has complied with
the conditions of purge on i1 timely basis. In the event that he
has not. he shall report to the Curnbel'land County Pl'ison without
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ELLEN C, TRIMIGLlOZZI,
Plaintiff
v,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO, 97 3299 CIVIL TERM
: IN DIVORCE
ROBERT ANGELO TRIMIGLlOZZI, :
Defendant
PRE-TRIAL STATEMENT DF DEFENDANT PURSUANT TO
RULE 1920.33(8)
1, Personal Data:
A, Husband's Date of Birth: November 17,1942 (57)
B, Wife's Date of Birth: 8/13/44 (56)
C, Date of Marriage: June 21, 1975
D, Date of Separation: June 23, 1997
E, Children: Robert C, Trimigliozzi, born January 30, 1985
F, Husband's Health: Poor - Herniated discs L3-4 & L4.5 limiting
Husband to part-time work with restrictions (See
exhibits A & B)
G, Wife's Health: Good
H, Husband's Gross Income: $7,425,00 per annum
I. Wife's Gross Income: $37,900,00 per annum
2. List of Marital Assets:
A. Marital residence at 611 Spring Lane. Boiling Springs, Pennsylvania.
$168,000,00
B, Husband's Pension (55% marital; 45% pre-marital) $ 29,868,24 per
annum
D,
Sun America Annuity
$ 33,982.00
$138,931.48
C,
Stocks and bonds
E, Oppenheimer Funds $ 98.42
F, 96 Isuzu Trooper $ 6,305,33
G, 82 Dodge Pickup $ 1,725,00
H, Green Point Savings Account $ 4,500,00
I. Coin Banks $ 800,00
J, Train set $ 300,00
3, Exoerts Testifvina: No experts will be called to testify,
4. All Other Testimonv bv Witnesses: No other witnesses will be called to testify,
7, Anv Disouted Items: Unknown
8, Marital Debts: (paid by Husband)
A: Son's School Tuition (1997-2000) $ 5,500,00
B: Real Estate Taxes (1997-2000) $ 6,386,00
C, Sewer & Water (1997-2000) $ 3,780,00
D, Electricity (1997-2000) $ 4,375,00
9, Prooosed Resolution:
The Children resides with the Husband in the marital home, The Husband
contributed to the Wife obtaining her degree, His has two herniated discs in his spine which
limit him to part-time work, His yearly gross earnings are $7500,00, The Wife's yearly gross
earnings are $37,900,00, The Husband receives a pension from his 30 years with the NY
Transit Authority, 45% of this pension was earned prior to marriage, Based upon the fact that
the Husband is raising the child; his contribution to the Wife's education, his physical condition
limiting his future earnings, the Defense contends that a 60/40 split is appropriate,
The total value of the marital assets, ignoring the Husband's pension is
$354,642,23,60% to the Husband makes his share $212,785,34 and Wife's share
$141,856,89,
Property to Husband
Residence $168,000,00
Sun America $31,056,59
Oppenheimer $ 98.42
Isuzu $6,305,33
Dodge Pickup $1725,00
Green Point $4500,00
Coin Banks $800,00
Train Set $ 300,00
Property to Wife
Stocks $33,982.00
Sun America $107,874.89
Total $212785,34
$141,856,59
The Wife would also receive 22% of Husband's pension or $6571,01.
The Wife would reimburse Husband for 50% of marital debt he paid or
$10020,50,
Respectfully Submitted,
TURO LAW OFFICES
/J --I
'~/' ~f":
Dale
...,,..
SYOSSET MRI
, <Mnj!ncuc lWlonnnce Imaging)
RANDAlL PHILLIPS M,D.
V. J, BIANCHINI M.D,
LOG NO 5658
HIP NO 9091 '.
SYOSSET IMAGING
100 LuInyctt.e DrIve
Syossel, New York 11791
(616) 364-1ffiOO
SYOSSET BREAST IMAGING
FAX (516) 36446IW
ItEl'ORT 1.INIi (516) 3M,11iST
AZAD K ANAND M.D.
April 28, 1992
Jimmy Lim, M.D.
East Nassau Medical Group
640 Hawkins Ave.
Ronkonkoma, NY 11779
Dear Dr. Lim:
',-,
The following examination was performed on 4/28/92.
~ TRIMIGLIUZZI, ROBERT
MRI ..sF THE LUMBOSACRAL SPINE
MRI scan of the lumbosacral spine was done in sagittal and axial
,planes using Spin Echo pulse sequences. Proton density and T2
weighted factors were utilized for sagittal imaging. Axial slices
were obtained from 1.2-3 through L5-S1.
Minimal straightening of the normal lordotic curvature is noted.
Decrease signal on T2 weighted images noted at the 1.3-1.4
intervertebral disc space with a 1 mm disc herniation present. The
herniation appears to be central and there is impression upon the
distal sac.
,~'
Evaluation of the 1.4-1.5 intervertubral disc space shows evidence of
a disc herniation. The herniation is l~~p.ralizin; to ~ha l~f~ ~nd
encro~chir:g UiJOll l:i:e left nerve root.
Evaluation of the other intervertebral disc spaces show no other
focal abnormalities. No abnormalJ.ties of the cauda equina or conus
mjdullaris are noted at this time.
v'rMPRESSION: Herniated discs L3-4, L4-5.
Thank you for the courtesy of this referral.
Sincerely yours,
v. ~ini'
M.D.
v~
SYOSSET
M.R.I.
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Location ~1t>1 'LL'-<" IL \ ,.. 0 II Itfl
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BALANCE YEAR DA TES n,IID WEEK NUMB!,. ' tOTAL
DAYS ACCRUEO ENDING OF DA'fS HOURS ROO
A.V.A.'s
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1 To Employee'. Fild
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Slgn.ture ,--,-- _ .
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I ha.. betn InllrucllId to report ": th. N.., ~o," CI:y Ernllloy...' R.llr.ment Syst.m, 220 Church SI.
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REHAB CARE GROUP
7733 FORSVTH SLVO SUITE 1700
ST, LOUIS. UO 8310.
CHECK 00:
CHECK DATE:
PERla> ENJlfG:
PAY fRECUENCY:
092352
03122100
03115/00
SfMIM:lNTHL Y
ELLEN TRIM/GLIOlZI
601 SPRING LN
OOILlOO SPRINGS,PA
17007
ID ~8ER: 412211'478
BASE nATE: 1451.33
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CURRENT V-T-O CU' NT "'-T-O
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. REGUlAR 88.00 1458.33 512.00 8748.88 SO SEe TAX ').02 534.13 00 BAlANCE 82.21
SALARV PDa 32.00 ,00 HEOICARE TAX . i.82 124.82
FEO INC TAX ".;-.58 1005.38
PRI-STATE TAX '.20 241.20
PRI-LOCAL TAX -l,Sa 87.48
SEe-LOCAL TAX 10.00
I
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I SINGLE oPT2
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,
TOTAL TAXES
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2003.09
lIS. CO
1458.33
,
22.50_
544.00
117"9.98
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. .TAX
------------------------------------------------ ---------------
22.50_
135.00_
88.00
t435.83
544.00
88t4.98 TOTAL PER OED
----------------
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ELLEN C. TRIMIGLlOZZI,
Plaintiff
V5.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 97. 3299 CIVIL TERM
ROBERT ANGELO TRIMIGLlOZIZ,
Defendant
IN DIVORCE
r,
\.:..'
"
"
"
1
NOTICE
i,
')
("
.,
)
. ,
YOU HAVE BEEN SUED IN COURT, If you wish to defend against the c1~lms seMorth in:the
following pages, you must take prompt action, You are warned that if you fail to do ~Sb. th(Rase
may proceed without you and a decree of divorce or annulment may be entered' a:9ains't~'yOu:~y the
Court, A judgment may also be entered against you for any other claim or relief r.e~ue$fpd ib;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 CLAIM FOR ALIMONY. DIVISION OF PROPERTY. LAWYERS FEES OR
EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE
RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY A VENUE
CARLISLE. PENNSYLVANIA 17013
(717) 249.3166
Date:
",/1
4" '-
/
,
/t?/
... I
/ ,
( 4'(1.'/:f
By: I !L.\...
Carol :1. Lind ay;-Esquire
IU /I 44693 )
11 East High Street
Carlisle, PA 17013
(717) 243.5513
-" ','. r,";W :-r~:~M RECORD
I ,'.. - ~... ...."'. . I I ., .
"."r., ."..t .......~. ! "\:,.;,..ntn~~"1myhano
';~~~:~:JJ;: 'j~:~~i~~'7~r?t,')/..)(J-
--..._=~::L.:2P' ( z.. [, ~ \J7
Prl1l1om,t~ry
FLOWER. MORGENTHAL FLOWER & LINDSAY, P,C,
Attorneys for Plaintiff
.j !~/
l.AW OFI'lCES
1~I.OWI~Il. Iq.OWI~1l & I.INU8AY
^ l'II(JI'I~~SIONAl. COlll'OIlATION
II EAST IIIGII STREET
CARI.ISl.E,I'ENNSYl.VANIA 1701.\.3016
J"MI-'riII. UO"'I'k
JAMb 11.11 O'\\"IJt, JR.
(~AlUll.J. U:'IIII"^Y
111111H.sm
rAXI (117) W-6m
II U-l,tO..,I.~.'m
September 2, 1999
E. Robert Elicker, /I
Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: TRIMIGLlOZZI vs. TRIMIGLIOZZI
Dear Mr, Elicker:
Although I have not had a request from Mr. Andes for a continuance of the
hearing scheduled in this case for September 9, 1999, when I called Tracy on another
matter she advised that Mr. Andes would be making that request. My client vehemently
opposes it. The surgery which Mr. Trimigliozzi scheduled for the day before the hearing
is elective and is to repair a hernia which Mr. Trimigliozzi has had for two years, If you
will remember, at the pre-hearing conference, Mr. Trimigliozzi made it quite clear
through counsel that he does not want a divorce. We are having this hearing on
indignities because he refuses to proceed under Section 3301 (c) or (d) of the Divorce
Code, The scheduling of this elective surgery is of a piece with his unwillingness to
proceed, If Mr. Trimigliozzi believes that this surgery must be performed immediately to
preserve his health, let him produce a letter from his doctor to that effect. Thank you for
your assistance.
Very truly yours,
R & LINDSAY, P.C,
1
CJL:ljj
cc, Ms, Ellen Trimigliozzi
Samuel L. Andes, Esquire (Via Fax # 761-1435)
SAMUEL L. ANDES
ATTORNEY AT LAW
l'\~l'\ NOIfTII TWY.I.I'TII HTHr:Y.T
.t, o. !lax IOn
LRMOYNR, PENNSYLVANIA 17043
Tr.U!;l'1I0NE
1717I7fu.eanl
PAX
(71717"1'143",
2 September 1999
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Carol J. Lindsay, Esquire
11 East High Street
Carlisle, PA 17013
RE: Trimigliozzi
Dear Mr, Elicker & Ms, Lindsay:
1 he above matter is scheduled for a hearing on 9 September 1999. My
client has recently been diagnosed with an inguinal hernia and is scheduled for
surgery to repair that on 8 September 1999, He will not therefore, be physically
able to attend or participate in the hearing scheduled for 9 September 1999. In
fact, his doctor advises me that it will take him six to eight weeks following
surgery to fully recover, I enclose a copy of the disability certificate issued by his
physician,
I write, therefore, to request that the hearing be rescheduled for sometime
after the end of September or later, Thank you for your attention to this matter,
Sincerely,
~~Andes
amh/Enclosure
cc: Robert A, Trimigliozzi, Sr.
ELLEN C. TRIMIGLIOZZI,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 - 3299
VS.
CIVIL ACTION - LAW
ROBERT ANGELO TRIMIGLIOZZI,
Defendant
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Ellen C. 'I'rimigliozzi Plaintiff
Carol J . Lindsay Counsel for Plaintiff
Robert Angelo Trimigliozzi , Defendant
Samuel L. Andes , Counsel for Defendant
You are directed to appear for a hearing to take
testimony*on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce MasteE, 9 North
Hanover Street, Carlisle, Pennsylvania on the 9th ._____ de';'
of September ,1999. at q.nn a.m., at wlliel;
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
, lild'
'qe' Q,
Pres i dell t, ~]\Icig~:>
Date of Order and
Notice: 3/1/99
By:
Divorce Master
IF YOU DO NOT HAVE A LAWYEH OH CANNOT AFFOHD ONE, GO '1'0 OH
TELEPHONE THE OFFICE SET FOHTH 8ELOI'I TO FIND OUT WIiEHE YOll ('1.1;
(;J-:T LEGAl. HEL!'.
('\It-1Hl<H!;.NI) CtllJNTY H/IJ,' I\~'~:(H'I^T'()N
.' 1 i 1\1 [,; I Y ,\\1', I
... f. i l'-! I .
r I I III 1: ~ I : ~ t, t
.Tt\~;t illlony wi II 1)(
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till' ddll' Id :it'pdl .It iClll cd till'
llld i ql, 11 ll'~; I (I t liP 111'1 ~;CI[l.
p,lll il".
r
LAW OFFICES OF
GATES & -ASSOCIATES, P.C.
LOWELL R. GATES
AltoActnIllI'd 10 Ma...thUMltI 01'
MARK E. HAUIRUNER
AIIo Actntltd 10 Ntw JMMy 811
SUSAN KAY CANCMELLO
CRAlQ A. HATCH
&COn w. POHlMAN
"'-oA.ctnr.edloNewYOl1l Ba,
1013 MUWA ROAD. SUITE 100
lEMOYNE. PA 17043
1711l1nMOCl
FAX (117) 131."27
WEe SITE:
WWN.Q....lI.nm cau
October 7, 199B
The Honorable J. Wesley Oler
JUdge of the Court of Common Pleas
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013
E.MAlL:
Ntilwr......ot.com
VIA FACSIMILB AND RBGULAR MAIL
RB: Bllen Trimiglozzi VB. Robert A. Trimiglozzi
No. 97-3299 Civil Term
In Divorce
Dear Judge Oler:
I represent Plaintiff, Ellen Trimiglozzi in the above stated
action. A petition for Special Relief was filed on behalf of the
plaintiff, Ellen Trimiglozzi in the above matter. A hearing was
scheduled and later rescheduled at Defendant counsel's request, for
1:30 p.m. on October B, 1998. In the interim a custody
conciliation was held. Based upon the information and exchanges
which occurred at the conciliation conference Ms. Trimiglozzi has
made the decision to withdrawal her petition for Special Relief.
I am enclosing a copy of the praecipe to Withdrawal which we
are filing with the Prothonotary. I am also sending a copy of this
letter and the Praecipe to Attorney Samuel Andes who is counsel for
Defendant, Mr. Trimiglozzi and I believe will not oppose it.
Thank you for your time and attenti0n to this matter.
Very truly yours,
(_\2,c'>'~"'- G~_( v~
Susan Kay ~~~110
Enclosures
cc: Ellen Trimiglozzi
Samuel L. Andes. Esquire
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SA~J UEI. L, ANDES
ATTOIlNRY AT LAW
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J.HMOYNR, PENNSYLVANIA 1704:1
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21 December 1998
E. Robert Elicker, II
Office of the Divorce Master
13 North Hanover Street
Carlisle, PA 17013
RE: Ellen C, Trimigliozzi vs. Robert Angelo Trimigliozzi
97-3 299 Civil
In Divorce
Dear Mr. Elicker:
I have represented Mr, Trimigliozzi in his domestic case up to now. I will
meet with my client and expect to formally enter my appearance within the next
few weeks.
In the meantime, I believe proceedings before you are premature at this
stage. As recently as September of this year, when the parties met for a custody
conciliation, they were residing together as man and wife and had not separated.
In fact, because of that, the custody conciliator could take no action on Mrs.
Trimigliozzi's claim for custody. As far as I know, that status has not changed, the
parties are still not separated, Mr. Trimigliozzi has no desire to be divorced and is
not willing to sign a Consent at this time. Thus, I do not believe either party has
established, or even properly pleaded, grounds for divorce and a hearing on any of
the economic claims would be premature. If there cannot be such hearings in the
foreseeable future, I suggest that filing pre-trial statements will simply waste your
time and our clients' money.
I will meet with my client shortly to review this matter. I will advise you
promptly if there is any change in the parties' status or in my client's willingness to
consent to a divorce, In the meantime, I respectfully request that you withdraw
your instructions that the parties file pre-trial statements by late January,
Thank you for your attention to thiS matter,
Sincerely,
sa~
amr
cc: Carol J, Lindsay, Esquire
Robert A, Trimigliozzi
LAW OFFICES
FLOWER, MORGENTHAL, FLOWER & LINDSAY
^ PRon:SSION^L COHI'()I{^TlllN
1 t EAST 11IGB STREET
CARLISLE, PENNSYLVANIA 17013-3016
JAMES ll. FLOWER
ROGER M, MORGENTIIAL
lAMES ll, FLOWER. JR.
CAROL I, LINDSAY
(717) 24J.SlIl
FAX: (717) 24),(,510
E.mail:FMFLLaw@aul,co!n
umrsclI & MORGENTIIAL
(1975,1985)
December 28, 1 998
FLOWER, KRAMER
MORGENTIIAL & FLOWER
(l985.I!l'Jl)
E. Robert Elicker, II, Esquire
g South Hanover Street
Carlisle, PA 17013
RE: Trimigliozzi v. Trimigliozzi
97 - 3299 Civil Term
In Divorce
Dear Mr, Elicker:
I am in receipt of Mr. Andes' letter to you of December 21, 1998. Ms, Trimigliozzi
advises that the parties have been separated for two years, although they have resided in
the same residence. Further, she has asserted to me that there are grounds for divorce
which can be litigated if need be, I have not gone further to query her closely on the
grounds for divorce since she avers a two years separation, You have asked for a pre-trial
statement on January 22, 1999, I have served on Mr, Trimigliozzi discovery requests
which are due by January 1510, Assuming the discovery is timely provided, I will be able
to provide a pre-trial statement by January 22od, Thank you for your help,
Very truly yours,
FLOWER, MORGENTHAL, FLOWER & LINDSAY, P,C.
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L/(II/r/ \...' 1)//;'/(;',,)/.. .
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Carol J. Lindsay /
CJL:tjb
cc: Ellen Trimigliozzl
Sam Andes, Esquire
SANUEL L, ANDES
ATTOUNEY AT LAW
n~n NQUTJI TWP.LPTII STIWI~T
1-, o. nox IUU
]~EMOYNn. JlRNNRYINANIA 17043
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31 December 1998
Carol J. Lindsay, Esquire
11 East High Street
Carlisle, PA 17013
RE: Trlmlgliozzl
Dear Carol:
I am trying to schedule a meeting with Bob Trimigliozzi and, when I do, I will
review your discovery documents with him. I am not at all confident, however, that
I can get those documents to you by 15 January 1999, because of some other
pressing matters on my schedule,
The grounds for divorce have not accrued, unless I can persuade my client to
file a consent. Up to now, he has been rigid in his refusal to do that. I have no
reason, as yet at least, to suspect that he will change his mind. If that continues to
be the case, I do not believe the Master will require us to file the pre-trial
statements on the economic issues until he has conducted a hearing on whatever
grounds you elect to use to establish your client's entitlement to a divorce (which I
assume, from your letter, would either be a two year separation or indignities).
When Bob Elicker received your letter of 2& December 1998, he called my
office and left the message that I should contact you and suggest that we confer
with him, by telephone, sometime about 15 January 1998, so that he can
determine whether he wants pre-trial statements'filed or not. I assume his decision
on that will depend upon whether my client will consent to the divorce or whether a
hearing is necessary to establish grounds for the divorce. I wiil be in contact with
you after I have met with Mr, Trimigliozzi. Your patience in the meantime is
appreciated.
Sincerely,
Samuel L. Andes
amr
cc: E. Robert Elicker, II, Master
Robert Trimigliozzi
IN TIlE COURT OF COllMON PLEAS OF
CL~ERLhND COUNTY. PENNSYLVANIA
ELLEN C. TRIMIGLIOZZI,
Plaintiff
vs.
ROBERT ANGELO TRIMIGLIOZZI,
Defendant
NO. 97-3299
DIVORCE/CUSTODY
19~
a master with respect to the
(X) Divorce
( ) Annulment
( X ) Alimony
( ) Alimony Pendente Ute
MOTION FOr. APPO IN'l.':iEN1' OF MAS'I'ER
(Plaintiff) (Defendant),
following claims:
moves the court to appoint
(X)
(X)
( )
( )
Distribution of Property
Support
Counsel Fees
Costs and E."tpenses
and in support of the motion states:
CUXJI:Iill~~XCQ!dpIKueOlKXIlbXXl'UKlf V,\/;\l,V&?)XX~;VK~JO)jo
o;oll<<$jgJlt(<<>>Xx<<~~j(1J{nl{1H!RX~ .
, (2) The defendant ~) (has not) appeared in the action (personally)
~~~o~~X or throur.h an attorn~v. X~~~X~
, (3) The stat~rory ground)(l() for divorce (is) k~~ s",.. ti nn "I "107 (d)
of the D~ vorce Code. '
(4) Delete the inapplicable paragraph(s):
(a) X!lm(]lIl:a1xmx~DII!t=J;=ct~
(b) xA1z:lqxez:mUl[lbllJIxbeeJl~~~X~lnl:~xW1e ~
flS!l:OViIit~lilE1X
claims:
We are
(5)
(c) The action is contested with respect to the
not auarc of Defendant's position.
The action ('.;:n~JMit.') (does not involve) complex
folloving
issues of law
or fact.
(6)
(i)
s been 1
Date: June 1, 1998
the hearing is expected to cake UNKNOWN (hours) (days).
Addicional informacion, if =y. relev=t te the metion: Pl:1 i" t iff
ORDER APPOINTING MASTER
AND NOli / ^ 3 ,19M. f:, ,()r~'tf-
is appointed ma ter with respect to che foll~Jing claims:
t!.e<</u.v-
C:,(j3L-
Esquire,
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ELLEN C. TRIMIGLIOZZI,
Plaintiff
: IN THE CXlURT OF C'OMMOO PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 97-3299 CIVIL TERM
ROBERT ANGELO TRIMIGLIOZZI,
Defendant
CIVIL ACTION - LAW
: IN CUSTODY
aJS'lWY ~ILIATIrn SlJlHARY REPCRl'
IN ACCDlDANCE wrm <nmERLAND CXXNlY RULE OF CIVIL ~
1915.3-8, the undersigned CUstody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
IW!E
Dr\TE OF BIRTII
CURRENl'Ly IN aJS'lWY OF
Robert Charles Trimigliozzi January 30, 1985
Mother and Father
2. A Conciliation Conference was held on September 8, 1998, with the
following individuals in attendance: The Mother, Ellen C. Trimigliozzi,
with her counsel, Susan K. Candiello, Esquire, and the Father, Robert
Angelo Trimigliozzi, with his counsel, Samuel L. Andes, Esquire.
3. It was determined at the Conference that no CUstody Order is
necessary at this time, as, although the Mother indicates that she intends
to move from the marital residence, at the time of the Conference she had
not yet been able to do so and the parties continue to reside in the same
residence.
4. It was agreed at the Conference that counsel for either party may
contact the Conciliator to schedule an additional Conference at such time
as the parties no longer reside in the same household or one of the parties
has definite arrangements for an imminent move on a certain date. In the
meantime, it was recoomended to the parties that they seek
counseling/~iation to obtain assistance in improving communications
between them which will be helpful in resolving the custody issues at the
point of separation.
.
,.)( I 1ft" JI\..hl 1
Date'
? I Iil/
I
((;'""-,,U. :-~~;,.!
Dawn S. Sunday, EsqUlre'
CUstody Conciliator
cc: Susan K. Candiello, Esquire - Counsel for Mother
Samuel L. Andes, Esquire - Counsel for Father
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LAW OFFICES OF
GATES & -ASSOCIATES, P.C.
lO'NElLR GATES
AllOAli'nlllod to MIIUclluHtl. Olr
MARK E HAlBRUNER
Also Actnlllld 10 N...... Jlruy O.r
SUSAN KAY CANOIEllO
CRAIG A HATCH
1013 MUMMA ROAD. SUITE 100
lEMOYNE. PA 17Q.C3
(717I7Jl.~
FAX (1171 731.Q627
WEB SITE:
YM'W,Gal..lIwflrm COM
June 16, 1998
E.MAIl:
nlttawy.r.Olol com
E. Robert Elicker, II, Esquire
Office Of Divorce Master
Cumberland County Court of Common Pleas
9 North Hanover Street
Carlisle, PA 17013
RE: Ellen C. Trimig1iozzi VB. Robert A. Trimig1iozzi
No. 97-3299 civil - In Divorce
Dear Mr. Elicker:
Thank you for your letter of June 10, 1998. At this time,
Ellen C. Trimiglozzi, the Plaintiff in the above-referenced action,
wants to proceed toward a finalization of a divorce from Robert A.
Trimiglozzi. There are two areas which need to be dealt with to
proceed toward the finalization of this divorce.
The first is the matter of custody of the parties' son. In
furtherance of reaching a resolution in that matter, a custody
complaint has been filed to reestablish jurisdiction which had been
relinquished from the original filing of the Divorce Complaint with
a custody count on June 20, 1997. This matter, of course, does not
involve your office.
The second issue to be determined in the finalization of this
divorce are the economic issues. The economic issues are
significant involving real property, trusts, investments, etc.
Although the Plaintiff has continued to attempt to work toward an
amicable resolution of these matters, the Defendant continues to be
adamant in his refusal to provide Plaintiff and/or her counsel with
any recognition or response.
Plaintiff is desirous of proceeding toward a finalization of
this divorce on the grounds of irretrievable breakdown of the
marriage. Plaintiff is willing to sign an Affidavit to Consent to
the finalization of this divorce. However, significant economic
issues remain for which the distribution thereof must be
determined. Although Plaintiff would prefer to reach an amicable
agreement, Defendant continues to refuse to respond in any manner
to Plaintiff. Creating even greater concern is the information
Plaintiff recently became aware of indicating Defendant had made
some recent changes in the parties' investments. As a result of
07NOV 2 4 1991
ELLEN C. TRIMIGLIOZZI,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 97-3299
CIVIL TERM
ROBERT ANGELO TRIMIGLIOZZI,
Defendant
CIVIL ACTION - LAW
IN CUSTODY/VISITATION
ORDER OF <XXlRT
AND tnoI, this 18th day of Noverrber, 1997, the Conciliator,
having received no request by either party or their counsel to reschedule
the Conciliation Conference previously scheduled (and canceled) for
September 17, 1997, hereby relinquishes jurisdiction in this matter.
,
FOR THE COURT,
Daa~
Custody Conciliator
OF
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51
ELLEN C. TRIMIGLIOZZI,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
VB.
ROBERT ANGELO TRIMIGLIOZZI,
Defendant
CIVIL ACTION - LAW
NO. 97-3299 CIVIL TERM
CUSTODY/VISITATION
ORDER
AND NOW, this lCo day of \ )J\\....
1998, upon
consideration of the attached complaint, it is hereby directed that
the parties and their respective counsel appear before
\)-k.\\\ '-.<\.S:..I,c\o.'1-t.J=.\f\' . the conciliator, at
3,q ~'~\"\\\--') KCrh-f\\\ \L\ {J 1 fJA , on the \L..\
day of .\_~~ . 1998. at ~OICIOCk ~.m., for the
\ \
Pre-Hearing Custody Conference. At such conference, an effort will
be made to resolve the issues in dispute; or if this cannot be
accomplished, to define and narrow the issues to be heard by the
court, and to enter into a temporary order. All children age five \
or older shall also be present at the conference.
Failure to
appear at the conference may provide grounds for entry of a
temporary or permanent order.
FOR THE COURT,
BY: ~fuNi\~ ,~UIY\~
Cus tody Conci lia tor ( 11:1. )
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE, FOURTH FLOOR
CARLISLE, PENNSYLVANIA 17013
(717) 240 - 6200
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ELLEN C. TRIMIGLIOZZI,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PEllNSYLVANIA
VB.
ROBERT ANGELO TRIMIGLIOZZI,
Defendant
CIVIL ACTION - LAW
NO. 97-3299 CIVIL TERM
I CUSTODY/VISITATION
COMPLAINT FOR CUSTODY
1. Plaintiff is ELLEN C. TRIMIGLIOZZI, who currently resides
at 601 Spring Lane, Boiling Springs, Cumberland County,
Pennsylvania, 17007.
2. Defendant is ROBERT ANGELO TRIMIGLIOZZI, who currently
resides at 601 Spring Lane, Boiling Springs, Cumberland county,
Pennsylvania, 17007.
3. Plaintiff seeks Shared Legal and Primary Physical Custody
of the following minor child:
NAME
ROBERT CHARLES
TRIMIGLIOZZI
ADDRESS
DATE OF BIRTH
601 Spring Lane
Boiling Springs, PA 17007
January 30, 1995
The child was born in wedlock.
Robert Charles Trimigliozzi is presently in the custody of the
Plaintiff Ellen C. Trimigliozzi and the Defendant Robert Angelo
Trimigliozzi, who at the time of the filing of this petition, were
both residing at 601 Spring Lane, Boiling Springs, Cumberland
County, Pennsylvania, 17007.
The child is presently in the custody of Plaintiff and
Defendant pending the parties I agreement or the result of a
conciliation conference which will be scheduled by this Court upon
the filing of this complaint. The parties' minor child is still
presently residing in the marital residence at 601 Spring Lane,
Boiling Springs, pennsylvania, 17007, with both PlaintiU and
Defendant.
The mother of the child is the Plaintiff, Ellen C.
Trimigliozzi. The mother is married but desires to be separated
and divorced from the Defendant.
The father of the children is the Defendant, Robert Angelo
Trimigliozzi, who is currently residing at 601 Spring Lane, Boiling
Springs, Pennsylvania, 17007.
The father is married to the Plaintiff.
16. The relationship of Plaintiff to the child is that of
natural mother. The Plaintiff currently resides with the following
persons:
~ RELATIONSHIP
ROBERT CHARLES TRIMIGLIOZZI Son
JENNIFER-LYN MORRIS Daughter
DEFENDANT Husband
17. The relationship of Defendant to the child is that of
natural father. The Defendant currently resides with the fOllowing
persons:
NAME
ROBERT CHARLES TRIMIGLIOZZI
JENNIFER-LYN MORRIS
PLAINTIFF
RELATIONSHIP
Son
Step-Daughter
Wife
Since the child's birth. the child has resided at and with the
fOllowing persons:
PERSONS PLACE TIME
Plaintiff and 9 Cathy Court 1985 to
Defendant Nesconset. New York December 16. 1996
Plaintiff and 601 Spring Lane. December 17. 1996
Defendant Boiling Springs, PA to present
19. Plaintiff has not participated as a party, witness, or in
any capacity in any other litigation concerning the custody of this
same child in this or any other state.
20. Plaintiff has consistently attempted to reach amicable
resolutions to any decisions which concern the parties' separation
and divorce and the custody of their child.
21. Plaintiff originally filed for custody as an additional
count in her complaint for divorce.
Two (2) conciliation
conferences were scheduled and held. neither of which the
Defendant. Robert Angelo Trimigliozzi, chose to attend.
22. At the time of these two (2) conciliation conferences,
the Plaintiff, Ellen C. Trimigliozzi, was unable to leave the
marital residence to establish a new residence for herself and her
son.
23. Despite Plaintiff's continued efforts at cooperation,
Defendant has consistently refused to cooperate. to the point of
creating any and all obstacles within his ability, seeking revenge
against Plaintiff for her desire to end the marriage.
24. Plaintiff does not know of any person not a party to the
proceedings who has physical custody of the child or claims to have
custody or visitation rights with respect to the child.
25. It is in the best interest and welfare of the child to
have Plaintiff and Defendant share Legal Custody of their minor
child, with the Plaintiff being named as the primary Physical
CustOdian, and the Defendant enjoying Partial Physical Custody,
with a right to reasonable and liberal visitation, as the parties
shall mutually agree to, for the fOllowing rationale:
A. Plaintiff has been a primary caretaker for the
child for his entire life;
B. Plaintiff in her preparation for this separation
has placed the child uppermost in her considerations and
taken time to talk with the child and make all necessary
preparations for child care while Plaintiff is
employment;
C. Plaintiff has never suggested limiting the
Defendant's contact with his child in any manner.
Plaintiff has only attempted to create a schedule for the
child which would create a wholesome and warm environment
for the child to grow and develop.
E. Defendant has consistently refused to cooperate
with Plaintiff in planning for the child's best interest
and welfare. Plaintiff hopes to bring this matter before
the court in an attempt to demonstrate to Defendant her
sincere concern for the child and obtain the cooperation
of the Defendant.
ELLEN C. TRIMIGLIOZZI,
Plaintiff
I IN THE COURT OF COMMON PLEAS
I OF CUMBERLAND COUNTY,
I PENNSYLVANIA
I
I
I
I
VB.
ROBERT ANGELO TRIMIGLIOZZI,
Defendant
CIVIL ACTION - LAW
NO. 97 - 3299 CIVIL
DIVORCE/CUSTODY
TERM
PETITION FOR SPECIAL RELIEF
AND NOW, comes the Plaintiff, ELLEN C. TRIMIGLIOZZI, by and
through her attorneys, Gates & Associates, P.C. who seeks special
relief pursuant to 23 Pa. C,S.A. 3323 (f), as follows:
1, Plaintiff is ELLEN C. TRIMIGLIOZZI, an adult individual,
who currently resides at 601 Spring Lane, Boiling Springs,
Cumberland County, Commonwealth of Pennsylvania, 17007.
2. Defendant is ROBERT ANGELO TRIMIGLIOZZI, an adult
individual, who currently resides at 601 Spring Lane, Boiling
Springs, Cumberland County, Commonwealth of Pennsylvania 17007.
3. The parties are the owners of marital property, including,
but not limited to, the marital residence located at 601 Spring
Lane, Boiling Springs, Pennsylvania, 17007, numerous investments in
various trusts and banking accounts, various items of personal
property and several vehicles.
4. Plaintiff filed a complaint in divorce on June 20, 1997,
in the Cumberland County Court of Common Pleas.
For various
personal and economic reasons Plaintiff was unable to actively seek
a dissolution of the parties' marriage and division of the marital
property at that time.
5. At that time Defendant took such actions to prevent or
cause Plaintiff to be unable to pursue her desire for a divorce.
6. Plaintiff has recently gained the physical and economic
ability to pursue a dissolution of this marriage.
7. Defendant continues to refuse to obtain counsel and/or
respond to the Plaintiff or Plaintiff's counsel, in any manner or
format, personally or through counsel.
8. Defendant continues to actively take measures to prevent
Plaintiff from continuing to seek custody of the parties' son or
obtain a divorce.
9. In Plaintiff's efforts to continue toward a dissolution of
this marriage Plaintiff has refiled a petition for Custody and
requested a Master's hearing to resolve the economic issues in this
marriage.
10. Recently, Plaintiff obtained access to some information
which informed her of the Defendant's activities altering the type
and location of some of the parties' investments.
11. Plaintiff believes Defendant could take additional
actions to remove, dispose of, encumber or alienate significant
portions of the parties' property.
12. The exact amount and/or location of the parties' various
properties is unknown to Plaintiff and Defendant refuses to share
this information with Plaintiff.
13. It is believed and averred by Plaintiff if the marital
property is not protected, Defendant will take such actions to
remove, dispose of, alienate and/or encumber the parties marital
property, causing Plaintiff to lose rights to and equity in the
parties' marital property.
WHEREFORE, Plaintiff requests this Honorable Court to enter an
CERTIFICATE OF SERVICE
I, Susan Kay Candiello, Esquire, hereby certify that a true
and correct copy of the foregoing Petition for Special Relief
was served both by first-class mail and certified mail, return
receipt requested, postage prepaid upon:
Robert Angelo Trimigliozzi
601 Spring Lane
Boiling Springs, PA 17007
Res~ectfullY SUb~it:~
" - ~ ~ (_'~I ~
GATES & ASS TES, P.C.
Susan Kay n~ ello, Esquire
Supreme Cour 'No. 64998
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600
Attorney for Plaintiff
Dated: June ~ 1998
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ELLEN C. TRIMIGLIOZZI,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
I PENNSYLVANIA
VB.
ROBERT ANGELO TRIMIGLIOZZI,
Defendant
CIVIL ACTION - LAW
NO. 97 . 3299 CIVIL TERM
DIVORCE/CUSTODY
ORDER OF COURT
AND NOW, this \ C\~ day of June, 1998, upon a Petition for
Special Relief, it is hereby ordered and directed that a hearing be
scheduled for the 31 A:t day of 9'YJ- , 1998, at
2: 3D o'clock -t.m., /
in the Courtroom No. , of the
Cumberland County Courthouse, Carlisle, Cumberland County,
Commonwealth of pennsylvania.
By the Court.
-.
.J.
ELLEN C. TRIMIGLIOZZI,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION . LAW
NO. 97 - 3299 CIVIL TERM
DIVORCE/CUSTODY
VB.
ROBERT ANGELO TRIMIGLIOZZI,
Defendant
PETITION FOR SPECIAL RELIEF
AND NOW, comes the Plaintiff, ELLEN C. TRIMIGLIOZZI, by and
through her attorneys, Gates & Associates, P.C. who seeks special
relief pursuant to 23 Pa. C.S.A. 3323 (f), as follows:
1. Plaintiff is ELLEN C. TRIMIGLIOZZI, an adult individual,
who currently resides at 601 Spring Lane, Boiling Springs,
Cumberland County, Commonwealth of Pennsylvania, 17007.
2. Defendant is ROBERT ANGELO TRIMIGLIOZZI, an adult
individual, who currently resides at 601 Spring Lane, Boiling
Springs, Cumberland County, Commonwealth of Pennsylvania 17007.
3. The parties are the owners of marital property, including,
but not limited to, the marital residence located at 601 Spring
Lane, Boiling Springs, Pennsylvania, 17007, numerous investments in
various trusts and banking accounts, various items of personal
property and several vehicles.
4. Plaintiff filed a complaint in divorce on June 20, 1997,
in the Cumberland County Court of Common Pleas.
For various
personal and economic reasons Plaintiff was unable to actively seek
a dissolution of the parties' marriage and division of the marital
property at that time.
5. At that time Defendant took such actions to prevent or
cause Plaintiff to be unable to pursue her desire for a divorce.
6. Plaintiff has recently gained the physical and economic
ability to pursue a dissolution of this marriage.
7. Defendant continues to refuse to obtain counsel and/or
respond to the Plaintiff or Plaintiff's counsel, in any manner or
format, personally or through counsel.
B. Defendant continues to actively take measures to prevent
Plaintiff from continuing to seek custody of the parties' son or
obtain a divorce.
9. In Plaintiff's efforts to continue toward a dissolution of
this marriage Plaintiff has refiled a Petition for Custody and
requested a Master's hearing to resolve the economic issues in this
marriage.
10. Recently, Plaintiff obtained access to some information
which informed her of the Defendant's activities altering the type
and location of some of the parties' investments.
11. Plaintiff believes Defendant could take additional
actions to remove, dispose of, encumber or alienate significant
portions of the parties' property.
12. The exact amount and/or location of the parties' various
properties is unknown to Plaintiff and Defendant refuses to share
this information with Plaintiff.
13. It is believed and averred by Plaintiff if the marital
property is not protected, Defendant will take such actions to
remove, dispose of, alienate and/or encumber the parties marital
property, causing Plaintiff to lose rights to and equity in the
parties' marital property.
WHEREFORE, Plaintiff requests this Honorable Court to enter an
Order providing as follows:
A. Defendant shall not dispose of any items of real and/or
personal property, except upon further Order of Court or upon
written agreement of the parties;
B. Defendant shall cooperate fully with Plaintiff in
providing Plaintiff and/or her counsel with all necessary
information of and concerning all marital property belonging to the
parties;
C. Defendant shall reimburse Plaintiff for her attorney I s
fees incurred by her in these proceedings; and
D. To order such other relief as is just.
RespectfUlly submitted,
Dated: June I~ , 1998
ES, P.C.
110, Esquire
Supreme Court . 64998
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600
Attorney for Plaintiff
LA IV OFFICES
FLOWER, MORGENTHAL, FLOWER & L1NDSA Y
^ I'IUH'ESSIOSAI. ('ORI'ORA11lIS
II EASTIlI(;(ISTHEIT
CAIU.lSl.E,I'Ei\'NSYl.\'ANIA 1701;1~I01ti
)AM[s r>, naWrR
Rl)~ER M. MORGL'lllAL
)AM[s [1, 11.OWrR,)R.
CAROL), UNr>SA\'
171712-1;\.5:'1:'
rAX: (717) 2-1:\.(;510
t:.nuil: ''.\\It l~wGf.otoh'~'1lI
IlIL'~C11 & MI.JRla:lmIAL
(1 f175 - 19S5)
11.OWrR, KRAMtR
MOR~L'll lAL & naWER
09S5.WD2)
Mr. Robert E. Elicker, III
Divorce Master
9 North Hanover Street
Carlisle, PA 17013
February 25, 1999
RE: TRIMIGLlOZZI vs TRIMIGLlOZZI
Dear Mr. Elicker:
Enclosed please find the Amended Divorce Complaint for the above captioned
case. Thank you for your assistance,
Very truly yours,
FLOWER & LINDSAY, p,c,
Carol J, LIn say
CJL:lll
Enclosure
cc: Ms, Ellen Trimigliozzl
.
ELLEN C. TRIMIGLlOZZI,
Plaintiff
IN THE COURT OF COMMON PLEA OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-3299 CIVIL TER
vs
ROBERT ANGELO TRIMIGLlOZZI,
Defendant
IN DIVORCE/CUSTODY
BILL OF PARTICULARS
NOW comes Ellen C, Trimigliozzi, by and through her counsel, FLOWER, FLOWER &
LINDSAY, P,C" and files the following particulars:
1, Since the birth of the parties son in 1985, Defendant hap refused to have sexual
intercourse with the Plaintiff, .,
2, Between 1975 and 1985, Defendant had infrequent sexual intercourse with Plaintiff,
despite Plaintiffs overtures, her request that the parties engage in counseling or that
Defendant seek medical attention,
3, Defendant has engaged in activities which seek to control Plaintiffs behavior such as
taking a carburetor out of a car, taking keys, or sequestering the vehicle which Plaintiff drives
when he did not want her to go anywhere, installing a timer in the basement so that Plaintiff
could not watch television past 10:00 p,m,
4, Defendant engaged in controlling behavior to the extent that he insisted that the
parties original house, all of the parties vehicles, all financial accounts, the savings account of
the parties child and the parties John Alden account be titled in his name only,
5, Defendant behaves in a controlling manner with regard to the telephone, interfering
with it so that Plaintiff cannot use it,
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ELLEN C. TRIMIGLlOZZI,
Plaintiff/Movant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97 - 3299 CIVIL TERM
vs.
ROBERT ANGELO TRIMIGLlOZZI,
Defendant/Respondent
IN DIVORCE/CUSTODY
AND NOW this
ORDER OF COURT
10 ~ day of ~e p ~......, 6 (of , 1999, upon
consideration of the within Petition, a Rule is issued upon Respondent to show cause why he
should not provide the documents requested and complete the answers to Interrogatories ~
.
,2f-h.I.. y " <or 'IIB sots sf tAB L'Qwr;;r \" I IrI~r.
RULE returnable
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days from date of service,
By the Court,
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trimigliozzl Motion to Compel Answers
September 3. 1999
ELLEN C. TRIMIGLlOZZI,
Plaintiff/Movant
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97 - 3299 CIVIL TERM
IN DIVORCE/CUSTODY
ROBERT ANGELO TRIMIGLlOZZI,
Defendant/Respondent
MOTION TO COMPEL ANSWERS
TO INTERROGA TORIES
NOW comes Ellen C. Trimigliozzi, by and through her counsel, FLOWER, FLOWER &
LINDSAY, P.C., and moves this Honorable Court to compel the Defendant herein to answer
Interrogatories and to respond to a Request for Production of Documents,
1. On or about December 8, 1998, Movant selVed Respondent with a set of
Interrogatories and a Request for Production of Documents,
2, On or about March 4, 1999, Respondent answered some of the Interrogatories
refusing to submit answers to those Interrogatories which would permit Movant to file an
Inventory and Appraisement. In addition, Respondent refused to provide the documents
requested, Attached hereto as Exhibit "A" is a copy of the Interrogatories as Answered, and a
copy of the Request for Production of Documents to which no response has been provided.
3, This case is with the Divorce Master and the matters sought in discovery are
reasonable, not unduly burdensome, and that information is required to fairly try this case,
WHEREFORE, Movant prays this Honorable Court to issue a Rule upon the Respondent
why he should not be compelled to provide the documents requested and to complete the
Interrogatories within 20 days.
FLOWER, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff/Movant
By:
ar ,Lin s
ID # 44693
11 East Hi9h Street
Carlisle, PA 17013
(717) 243-5513
Date: ~. 1/ Iff!
trlm1olloul MoUon 10 Compel Answers September 3, 1099
ELLEN C. TRIMIGLlOZZI, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Movant CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
NO. 97 - 3299 CIVIL TERM
ROBERT ANGELO TRIMIGLIOZZI,
Defendant/Respondent
IN DIVORCE/CUSTODY
CERTIFICATE OF SERVICE
AND "OW, Ihl, 1 #. d.yof ~ltbrv- , 199_, I, C"ol
J. Lindsay, Esquire, of the law firm of FLOWER, FLOWER & LINDSAY Attorneys, hereby certify that
I served the within Motion to Compel Answers to Interrogatories this day by depositing same in
the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Samuel L. Andes, Esquire
P,O. Box 168
525 North 121h Street
Lemoyne, PA 17043
Mr. Robert Angelo Trimigliozzi
601 Spring Road
Boiling Springs, PA 17007
By:
J Carol J, Li ay, Esquire
ID # 4469
11 East High Street
Carlisle, PA 17013
(717) 243-5513
, fILE COpy
ELLEN C. TRIMIGLIOZZI,
Plaintiff
VB.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97 - 3299 CIVIL TERM
IN DIVORCE/CUSTODY
ROBERT ANGELO TRIMIGLIOZZI,
Defendant
TO: Robert Angelo Trimigliozzi
601 Spring Road
Boiling Springs, PA 17007
REQUEST EQB PRODUCTION OF DOCUMENTS
.!.lliQEB..P.R.C.P. NO. 4009
,DIRECTED TO DEFENDAN"(
Pursuant to P.R.C.P. 4009, you are hereby requested to produce the below-listed documents
and/or items for purposes of discovery. This material will be examined and/or photocopied,
photograph negative will be processed and photographs reproduces, Said documents or tangible
things are to be produced at the offices of FLOWER, MORGENTHAL, FLOWER & LINDSAY, 11
East High Street, Carlisle, PA 17013 within thirty (30) days of the date of service hereof and
supplemented thereafter in accordance with P,R.C.P. 4009.
1. A copy of your most recent pal' stub.
2. A copy of your tax return for 1 995, 1996 and 1997 including all W-2s and 1099s
received.
3. The most recent statement for any account you have individually or with any other
person in any bank, credit union or any other depository. Please send a copy for all
such accounts in which you had an interest on June 20,1997.
4. The most recent statement for any mutual funds in which you have an interest.
5. Copies of any stock certificates which you own individually or with any other person,
6, A list of all the coin banks in your collection along with their appraised value,
EXHIBIT A
7. A list of all of the Texaco trucks in yourcolleclion along with their appraised value.
B. A list of all Lionel Trains in your collection along with their appraised value.
9. The most recent statement which includes the cash value for any life insurance
insuring your life. If there is no cash value to your life insurance policies, the most
recent statement from the insurance company indicating death benefit and beneficiary.
10. Copies of any statements for debt which you claim is marital debt. Please provide the
statement for the period inCluding June 20, 1 997 and the most recent statement.
NOTE: As referred to herein "document includes wrillen, printed, typed, recorded, or graphic
maller, however produced or reproduced, including correspondence, telegrams, other wrillen
communications, date processing storage units, tapes, contracts, agreements, notes, memoranda,
analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films,
photographs, diagrams, drawings, minutes or meetings, or any other writing (including copies of any
of the foregoing, regardless of whether you are now in possession, custody, or control of the
original) now in your possession, custody or control, your former or present counsel, agents,
employees, officers, insurers, or any other person acting on your behalf.
FLOWER, MORGENTHAL FLOWER & LINDSAY
Attorneys for Plaintiff
By:
Carol J. Li dsay, Esquire
10 # 446
11 East h Street
Carlisle, PA 17013
(717) 243-5513
13. List all outstanding dabts which you are obligatad to pay. having a balance In excess of
$300.00 for each debt.
, ANSWER:
I owe the following debts which I believe have a present balance In excess of
$300.00:
1.) An auto loan to PNC Bank.
2.) My VISA card with Bank One of Delaware.
3.) A MasterCard account with First USA Bank.
4.) A VISA card with AARP.
16. Do you have an ownership in any furs, gold, diamonds or other precious gems or metals or
jewelry, having a value of $300.00 or more for each item? If so, please describe each item and
state its current market value.
ANSWER:
I do not own any such Items, although I believe my wife does, She would
have Information about those items and their values,
'i
I
I
I
17.
Do you own or have any interest in any property (reel or personefl, contract right, petent, chose
In action, or expectancy of any kind, including an Interest or right titled or held in the name of
another, not previously identified in your Answers to the preceding Interrogatories? If so,
describe in detail the property, contract right, patent, chose in action, or expectancy, and state:
,
A. The identity of the person you share such interest with;
B. The date you ecquired your interest;
C. The value at acquisition;
D. Present value and how determined.
ANSWER:
., - ..-
My wife and I jointly own a residence at 601 Spring Lane, Bolling Springs,
Cumberland County, Pennsylvania. We purchased It In December, 1996 for
$156,000.00. I do not have any knowledge or opinion as to the present value
of that property at this time,
(I
E.
PATENTS, COPYRIGHTS, INVENTIONS, ROYALTIES
Are you the owner of, or heve you epplied for any patents, copyrights, Inventions, or
, royalties? If so, pleese provide e complete description, Including the dete granted.
ANSWER:
II
F.
LIFE INSURANCE POLICIES
1. Name and address of insurance company and type of policy (ordinary life,
term, annuity, etc.) and identifying number.
a)
b)
cl
dl
e)
2. Face value, and current cash surrender value:
a)
b)
c)
dl
el
3. Indicate loans against each policy, including date. amount, and purpose of
loan.
a)
bl
cl
d)
el
"
4.
Name of owner and name of Insured.
,
at
b)
c)
d)
e)
6.
Name, address and relationship, If any, of beneflclery.
a)
b)
c)
d)
e)
6. Annual premium,
at
b)
c)
d)
e)
7. Has your interest in any insurance policy been canceled, allowed to lapse,
liquidated or otherwise been terminated in the last five yeers?
ANSWER:
8, Designate any change or transfer of beneficiary designation es to eny policy listed in (F)
above, over the past five years.
ANSWER:
,
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trimigliozzi:-- motion for rule absolute -- tjbOctober 4, 1999
ELLEN C, TRIMIGLlOZZI,
Plaintiff/Movant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, 97 - 3299 CIVIL TERM
vs,
ROBERT ANGELO TRIMIGLlOZZI,
Defendant/Respondent
IN DIVORCE/CUSTODY
MOTION FOR RULE ABSOLUTE
NOW COMES Ellen C, TrimigHozzi, by and through her counsel, Flower, Flower & Lindsay, and
moves this Honorable Court as follows:
1, On September 10, 1999, this Honorable Court entered a Rule upon the Respondent
to show cause why he should not provide the documents requested and in response to a Request
for Production of Documents and complete the answers to Interrogatories served on him in
December, 1998, The Court issued the Rule returnable 20 days from date of service, A copy of
the Court's Order is attached hereto as Exhibit "A".
2, On September 15, 1999, the Court's Order was served on counsel for the
Respondent. A copy of the transmittal letter is attached hereto as Exhibit "B",
3, Twenty days have passed since the service of the Court's Order of September 10,
1999, and the discovery requested has not been provided,
Wherefore, Movant prays this Honorable Court to enter a Rule Absolute ordering the
Defendant herein to provide the documents requested and to answer completely the
Interrogatories propounded within twenty days.
FLOWER, FLOWER & LINDSAY, P,C,
Attorneys for Plaintiff
/1 . y
:A<<;(;.. ;0' 6th- .
CarOl J. Lindsay, Esquire
IDfhl'4693 I
11 East High Street
Carlisle, PA 17013
(717) 243-5513
By:
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Plaintiff
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INTHECOURTOFCOMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-3299 CIVIL TERM
IN DIVORCE/CUSTODY
vs,
ROBERT ANGELO TRIMIGLlOZZI,
Defendant
AND NOW this
5j tl day of
ORDER
o Ltoto J
, 1999, upon the Petition of Samuel
L. Andes for leave to withdraw as counsel for the Defendant, a Rule is issued upon the
Defendant, Robert A. Trimigliozzi and the Plaintiff, Ellen C. Trimigliozzi to show cause, if
any they have, why the Petition should not be granted and Mr. Andes should not be
permitted to withdraw as Defendant's counsel.
The Rule shall be served upon Mrs, Trimigliozzi's attorney of record and upon Mr,
lrillligliozzi by regular and certified mail and shall be returnable ~ days from the day
. -
of service, All proceedings to stay pending the resolution of this matter,
. J
.
BY THE COURT,
'~{)P(~JJ j)IU.U,Q
/()''1(N
KLt{
petitien for contempt
tjb March 27, 2000
ELLEN C, TRIMIGLlOZZI,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97 - 3299 CIVIL TERM
IN DIVORCE
vs.
ROBERT ANGELO TRIMIGLIOZZI,
Defendant/Respondent
AND NOW this
ORDER OF COURT
3nt~ day of M?.JLL
, 2000, upon
consideration of the within Petition for Contempt, a Rule is issued on Respondent to show
cause why he should not be held in contempt of this Court's Order of October 8, 1999,
RULE returnable at a hearing set for the
day of ~ ~.) , 2000,
of the Court House at Carlisle.
M-:a
at
q;/l()
/ C/ o'clock,
C/ _ m. in Court Room No. 1
Pennsylvania.
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ELLEN C. TRIMIGLIOZZI,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO, 97 - 3299 CIVIL
ROBERT ANGELO TRIMIGLIOZZI, :
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW,
this ~
day 0
2000, the parties and counsel having entered
agreement and stipulation resolving the economic issues on
August 15, 2000, the date set for a Master's hearing, the
agreement and stipulation having been transcribed, and
subsequently signed by the parties and counsel, the
appointment of the Master is vacated, and counsel can ~
conclude the proceedings by the filing of a praecipe to
transmit the record with the affidavits of consent of the
parties so that a final decree in divorce can be entered.
BY THE COURT,
cc:
Carol J. Lindsay
Attorney for Plaintiff
Hoff r, P,J,
y
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t~~.?~~
Robert J. MUlderig
Attorney for Defendant
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ELLEN C. TRIMIGLIOZZI,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
NO. 97 - 3299 CIVIL
ROBERT ANGELO TRIMIGLIOZZI,:
Defendant
IN DIVORCE
THE MASTER:
Today is Tuesday, August 15,
2000, This is the date set for a Master's hearing in the
above captioned divorce proceedings.
Present in the hearing room are the
Plaintiff, Ellen C. Trimigliozzi, and her counsel Carol J.
Lindsay, and the Defendant, Robert Angelo Trimigliozzi, and
his counsel Robert J. Mulderig.
This action was commenced by the filing of a
divorce complaint on June 23, 1997, raising grounds for
divorce of irretrievable breakdown of the marriage, The
divorce complaint did not raise any economic claims. On
December 8, 1998, the Plaintiff filed a petition raising the
claim of equitable distribution; on February 25, 1999, the
Plaintiff filed an amended complaint raising the alternative
grounds of indignities and averring a separation in excess of
two years under Section 3301(d); on August II, 2000, Plaintiff
filed a petition for attorney fees and costs.
The Master has been advised that the parties
will sign and file affidavits of consent and waivers of notice
of intention to request entry of divorce decree so that the
divorce can be concluded under Section 330l(c) of the Domestic
Relations Code.
The Master has been advised that after
considerable negotiations today, the parties have reached an
agreement with respect to the outstanding economic issues.
The issues that are pending before the Master are equitable
distribution and counsel fees and costs. There has been no
claim raised for alimony,
An agreement is going to be placed on the
record in the presence of the parties, The agreement as
placed on the record will be considered the substantive
agreement of the parties not sUbject to any changes or
modifications except for correction of typographical errors
which may be made during the transcription, Counsel and the
parties are going to return later today to review the draft
for typographical errors, make any corrections as required,
and then sign the agreement affirming the terms of settlement
as placed on the record at this time, It is specifically
noted that after the parties leave the hearing room and the
agreement has been placed on the record, that no changes can
be made to the substantive parts of the agreement even though
there has been no signing affirming the terms of settlement
later today,
After the Master has been provided the
completed agreement, he will prepare an order vacating his
appointment so that counsel can prepare a praecipe
transmitting the record to the Court requesting that the Court
enter a final decree in divorce. Ms, Lindsay.
MS, LINDSAY: The parties have agreed to a
distribution of property as follows:
1. Husband shall be the exclusive owner of the parties'
home at 601 Spring Lane, Boiling Springs, Pennsylvania,
Within sixty (60) days of the date of this agreement, husband
will obtain a home equity loan on the property and pay to wife
$26,250,00, Contemporaneous with husband obtaining such a
loan, wife will provide to husband a special warranty deed
transferring to him all her right, title and interest in the
marital home.
2. Husband will retain the 1993 Park Avenue, the 1985
Dodge Ram, and a 1984 Dodge Dart, all of which vehicles are
titled in husband's name presently. Furthermore, husband will
retain an ATV which was acquired during the parties' marriage.
Wife relinquishes any right, title or interest she has in the
marital vehicles,
3, Wife is retaining a vehicle which she obtained
subsequent to separation and husband acknowledges that he has
no claim on that vehicle.
4. The parties' F&M Trust joint checking account will be
retained by wife although it has a negligible value,
5. Husband shall retain his Orrstown Bank account which he
acquired subsequent to separation and also the savings account
No, 19-07-5497 at Greenpoint Bank in New York State.
6, Husband will execute any and all documents required to
transfer to wife all of the stock certificates which he owns
or they own jointly with the estimated value of $31,154,00,
Husband, additionally, will sign any and all documents
required by a broker to transfer the stock certificates into
wife's name, In the event that any of those stock
certificates are liquidated, wife will bear the tax
consequences of the liquidation, The parties intend, however,
the transfer of the stock certificates to be without tax
consequence as part of an equitable distribution,
7. The parties were joint owners of an Oppenheimer fund
account which was substantially depleted in February 2000,
Approximately $98.00 remains in that account and wife will
have the right to cash out that account and accept the balance
thereof. Husband has been credited with receipt of $8,000.00
from the Oppenheimer account prior to its depletion earlier
this year and wife is credited with having received $3,000,00
from the Oppenheimer account,
8, The parties also had an investment with SuDAmerica, an
annuity with a policy No, of 8655007705N. The annuitant is
Robert A. Trimigliozzi, the husband herein. By a QDRO,
husband will transfer the entire account to wife. The
parties understand that the account had a value at the end of
June 2000 of $138,931,00 Husband warrants that he has not
made any withdrawals on that account since June 30, 2000.
Within 45 days of the date of this agreement, husband's
counsel will obtain from SuDAmerica any restrictions on or
requirements for the QDRO and, if possible, an acceptable
sample order. SuDAmerica will provide that information to
wife's attorney who will prepare the QDRO, submit it to
husband and to SunAmerica for approval where obtaining a Court
order. In the meantime, husband will not withdraw any monies
from the SuDAmerica account.
Husband acknowledges receipt of $23,600.00 from the
SuDAmerica account, some of which was used to pay taxes on his
pension and on the SunAmerica withdrawals, and has been
credited with receipt of an advance from that account of
$10,965.00, Wife is credited with receipt of $4,900.00 from
that account.
9. Husband is the recipient of a New York Transit
Authority pension, 55% of which is marital property, Husband
has been credited with receipt of a certain amount of that
pension as a part of this equitable distribution between the
date of separation and the date of the hearing which amount is
approximately $52,000,00. Commencing September 1, 2000,
husband will pay to wife directly, until such time as a QDRO
has been put in place, $684.00 per month, Wife will receive
through a QDRO 50% of the marital portion of the pension
together with any costs of living increases thereon effective
from the date of the QDRO is put into place. Husband's
counsel, within 45 days of the date of this agreement, will
provide to wife's counsel the requirements for a QDRO with the
New York City Transit Authority and sample QDRO provided by
that authority and wife's counsel will prepare the QDRO for
the marital portion of the pension submitting the same to
husband's counsel and to the plan adminitrator before its
entry as a court order,
10. certain tax consequences flow from the distribution set
out herein and the parties wish to be in agreement on those
consequences, It is agreed that wife will pay any tax due on
account of the $4,900,00 withdrawn from the SunAmerica account
in the year 2000 and husband will pay any tax due on the
$4,600.00 withdrawn from the SunAmerica account in the year
2000. Additionally, wife will pay taxes due, if any, on the
$1,800,00 she withdrew from the Oppenheimer account in the
year 2000. Additionally, wife will pay federal income tax on
$8,208.00 of husband's pension for the year 2000.
11. The parties acknowledge that certain assets are either
legally or equitably the property of their son, Robert C.
Trimigliozzi. These assets include a Reliance Federal
Savings CD, account No, 0242707038801. Husband will execute a
power of attorney permitting wife to receive from Reliance any
and all information regarding that CD. The partie~ will
reinvest the CD by agreement of the parties in writing, In
the event that they cannot agree, the account shall continue
in the present bank in a CD, No withdrawals from the account
will be taken without the written permission of both parties
and the account shall be used exclusively for the boy's
education, The parties will equally divide the tax owed by
Robert on account of the interest earned on the CD.
12. The parties have collected over the years certain
collectibles which they believe may have some significant
value and which they are holding for Robert's benefit, These
include approximately 500 coin banks, some Texaco trucks, and
Lionel trains. The parties will equally divide the
collectibles in kind so that wife has possession of 1/2 of
them and husband has possession of 1/2 of them. These
collectibles will be preserved for sale to fund Robert's
education should the Reliance Federal Savings CD not be
sufficient for the purpose. In the event that Robert does
not go on to higher education, then he may have the
collectibles in kind when he attains 23 years of age, The
collectibles will not be sold without written permission of
both parties,
13. The parties have satisfactorily divided their household
tangible personal property and all such property shall be
exclusively owned by the party in whose possession it is as of
the date of this agreement,
14. Wife withdraws her claims for attorney fees and costs.
15, In the event that one or the other party to this
MR. TRIMIGLIOZZI: A greater percentage, yes,
MR. MULDERIG: No well, if you do not
understand at all, what questions do you have that you didn't
understand?
MR. TRIMIGLIOZZI: I just want to clarify
something.
(A discussion was held off the record.)
THE MASTER: There was a discussion off the
record that Mr. Trimigliozzi wanted to clarify that as of the
present time there is no cost of living benefit with his
pension and Mr. Mulderig also confirmed that there is no
survivor benefit with this pension and that when Mr.
Trimigliozzi dies the pension benefits will cease.
MR. MULDERIG: Do you now understand all of
the terms of this agreement?
MR. TRIMIGLIOZZI: Yes,
MR. MULDERIG: Do you agree with all of those
terms?
MR, TRIMIGLIOZZ I: Yes, I do,
MR. MULDERIG: You realize that once you
state that you agree to those terms today that they cannot be
changed in any way?
MR, TRIMIGLICZZI: Yes, sir.
MS, LINDSAY: I would like to just add one
other thing and that is, I would like with your permission to
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ELLEN C. TRIMIGLIOZZI,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, 97 - 3299 CIVIL TERM
IN DIVORCE
vs,
ROBERT ANGELO TRIMIGLIOZZI,
Defendant
AFFIDAVIT OF CONSENT
1, A Complaint in Divorce under 9 3301 (c) of the Divorce Code was filed on June 20, 1997,
2, The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from
the date of filing and service of the Complaint.
3, I consent to the entry of a final Decree in Divorce after service of notice of intention to requ'3st
entry of the Decree,
I verify that the statements made in this Affidavit are true and correct to the best of my krlowledge,
information and belief. I understand that false statements herein are made subject to the penalties of 18
Pa,C,S, 4904 relating to unswom falsification to authorities.
...\~
I\N-'M.' \v.....~
Ellen C, Trimigliozzi ~
'i\ I \.\ ..\:>
."1:.
Date:
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
!i3301(c) OF THE DIVORCE CODE
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 will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements 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.S. 4904 relating to unsworn falsification to authorities.
>: , " r..'Ellen'c~~r;';;i~;;;'~1\
.~.
Date: \)1 . {J
ELLEN C, TRIMIGLlOZZI,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO, 97 3299 CIVIL TERM
v,
ROBERT ANGELO TRIMIGLlOZZI, :
Defendant
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r. :1'
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: IN DIVORCE
->
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AFFIDAVIT OF CONSENT
f-- :.
... ~
, .
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..
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1. A Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on
June 23, 1997,
2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of the filing of the Complaint,
3, I consent to the entry of the final Decree in Divorce after service of Notice
of Intention to request entry of the decree.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING
AFFIDAVIT ARE TRUE AND CORRECT, I UNDERSTAND THAT FALSE STATE~~ENTS
HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa,C,S, 94904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES,
,v/;r7c;
Date
ROBE
trimiglioul stipulation of non dissipation
ljb
August 10,2000
WHEREFORE, Petitioner prays this Honorable Court to award attorney's fees and costs.
SAlOIS, SHUFF, FLOWER & LINDSAY
Attorneys for Plaintiff
By:
trimigliozzi Pelition for ~conomlc relief August 10, 2000
ELLEN C. TRIMIGLlOZZI, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 97 - 3299 CIVIL TERM
ROBERT ANGELO TRIMIGLIOZZI,
Defendant/Respondent
IN DIVORCE/CUSTODY
CERTIFICATE OF SERVICE
AND now, this ~/ day of ,~~>i- , 199_, I, Carol
J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys, hereby
ttMJ ~'Vr.
certify that I served the within Petition for Attorneys Fees and Costs this day by dep63iling 3!1~
in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Robert J. Mulderig, Esquire
28 South Pitt Street
Carlisle, PA 17013
SAIDIS, SHUFF, FLOWER & LINDSAY
Attorneys for Plaintiff ,
By:
aro . 'dsay, Esquire
ID # 44693
26 High Street
Carlisle, PA 17013
(717) 24~5513
;I"
II
. . .' '. . '.
, . . ... .'
ELLEN C. TRIMIGLlOZZI,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97 - 3299 CIVIL TERM
IN DIVORCE
vs,
n Cl
" '.J n
, -"
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ROBERT ANGELO TRIMIGLlOZZI,
Defendant
AFFIDAVIT UNDER ~ 3301{QlQE
THE DIVORCE CODE
1, The Parties to this action separated on June 23, 1997 and have continued to live
separate and apart for a period of at least two years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights conceming alimony, division of property, lawyer's
fees or expenses if J do not claim them before a divorce is granted,
VERIFICATION
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, 9 4904,
relating to unsworn falsification to authorities,
<:'."fl C./. ~
~ u.un. . 11\..l.M1...I...
Ellen C, Trimigliozzi.J' ~
Date: 1- .JS-(j\,
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ELLEN C, TRIMIGLlOZZI,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS,
CIVIL ACTION - LAW
NO. 97 - 3299 CIVIL TERM
IN DIVORCE
ROBERT ANGELO TRIMIGLlOZZI,
Defendant
AND NOW this
ORDER OF COURT
'"lit.
day of
fcl<:l I ...J ~ I
, 2001,
upon consideration of the within Petition to Compel, a Rule is issued upon Robert
Angelo Trimigliozzi to show cause, if any, why the relief requested should not be
granted.
RULE returnable at a hearing set for the ~ a day of ~ ,
2001, at
/:tf.f'
o'clock -L, m, in Court Room No.
I
,
of the
Court House at Carlisle, Pennsylvania,
By the Court,
v~~
. "
, .
SAlOIS.
SHUFF &
MAS LAND
AT1'OKNEY5eAT.uW
26 W, lUsh Str..,
Cull.I"PA
~I
()/~/{)7 /l-V
y,
- ~ D'
t~j:O~~
';
'0
,
, ,
--.;
ELLEN C, TRIMIGLlOZZI,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS,
CIVIL ACTION - LAW
NO, 97 - 3299 CIVIL TERM
IN DIVORCE
ROBERT ANGELO TRIMIGLIOZZI,
Defendant
CERTIFICATE OF SERVICE
AND now, this 'b \..f/IF
day of
F, FLOWER &
2001, I, Carol J. Lindsay, Esquire, of the law Irm 0 SAlOIS, S
LINDSAY. Attorneys, hereby certify that I served the within Petition to Compel this
day by depositing same in the United States Mail, First Class, Postage Prepaid, in
Carlisle, Pennsylvania, addressed to:
Robert J, Mulderig, Esquire
Ron Turo Law Offices
28 South Pitt Street
Carlisle, PA 17013
SAIDIS, SHUFF, FLOWER & LINDSAY, P,C,
Attorneys for Plaintiff
By:
squire
SAlOIS.
SHUFF &
MASLAND
An0RNEY5.AT'-LAW
26 W, Illlh Sir'"
C"II.lo, PA
divorce can be concluded under Section 330l(c) of the Domestic
Relations Code.
The Master has been advised that after
considerable negotiations today, the parties have reached an
agreement with respect to the outstanding economic issues.
The issues that are pending before the Master are equitable
distribution and counsel fees and costs. There has been no
claim raised for alimony.
An agreement is going to be placed on the
record in the presence of the parties. The agreement as
placed on the record will be considered the substantive
agreement of the parties not subject to any changes or
modifications except for correction of typographical errors
which may be made during the transcription. Counsel and the
parties are going to return later today to review the draft
for typographical errors, make any corrections as required,
and then sign the agreement affirming the terms of settlement
as placed on the record at this time. It is specifically
noted that after the parties leave the hearing room and the
agreement has been placed on the record, that no changes can
be made to the substantive parts of the agreement even though
there has been no signing affirming the terms of settlement
later today.
After the Master has been provided the
completed agreement, he will prepare an order vacating his
appointment so that counsel can prepare a praecipe
transmitting the record to the Court requesting that the Court
enter a final decree in divorce. Ms. Lindsay.
MS. LINDSAY: The parties have agreed to a
distribution of property as follows:
1. Husband shall be the exclusive owner of the parties'
home at 601 Spring Lane, Boiling Springs, Pennsylvania.
Within sixty (60) days of the date of this agreement, husband
will obtain a home equity loan on the property and pay to wife
$26,250,00. Contemporaneous with husband obtaining such a
loan, wife will provide to husband a special warranty deed
transferring to him all her right, title and interest in the
marital horne,
2. Husband will retain the 1993 Park Avenue, the 1985
DOdge Ram, and a 1984 Dodge Dart, all of which vehicles are
titled in husband's name presently. Furthermore, husband will
retain an ATV which was acquired during the parties' marriage.
Wife relinquishes any right, title or interest she has in the
marital vehicles.
3. Wife is retaining a vehicle which she obtained
sUbsequent to separation and husband acknowledges that he has
no claim on that vehicle.
4. The parties' F&M Trust joint checking account will be
retained by wife although it has a negligible value.
5. Husband shall retain his Orrstown Bank account which he
acquired subsequent to separation and also the savings account
No, 19-07-5497 at Greenpoint Bank in New York State.
6. Husband will execute any and all documents required to
transfer to wife all of the stock certificates which he owns
or they own jointly with the estimated value of $31,154.00.
Husband, additionally, will sign any and all documents
required by a broker to transfer the stock certificates into
wife's name. In the event that any of those stock
certificates are liquidated, wife will bear the tax
consequences of the liquidation. The parties intend, however,
the transfer of the stock certificates to be without tax
consequence as part of an equitable distribution.
.
7. The parties were joint owners of an Oppenheimer fund
account which was substantially depleted in February 2000.
Approximately $98.00 remains in that account and wife will
have the right to cash out that account and accept the balance
thereof. Husband has been credited with receipt of $8,000.00
from the Oppenheimer account prior to its depletion earlier
this year and wife is credited with having received $3,000,00
from the Oppenheimer account,
8, The parties also had an investment with SUnAmerica, an
annuity with a policy No, of 8655007705N. The annuitant is
Robert A, Trimigliozzi, the husband herein. By a QDRO,
husband will transfer the entire account to wife, The
parties understand that the account had a value at the end of
June 2000 of $138,931,00 Husband warrants that he has not
made any withdrawals on that account since June 30, 2000.
Within 45 days of the date of this agreement, husband's
counsel will obtain from SunAmerica any restrictions on or
requirements for the QDRO and, if possible, an acceptable
sample order. Su~~erica will provide that information to
wife's attorney who will prepare the QDRO, submit it to
husband and to SunF~erica for approval where obtaining a Court
order, In the meantime, husband will not withdraw any monies
from the Sup~~erica account.
Husband acknowledges receipt of $23,600,00 from the
SU~~erica account, some of wr.ich was used to pay taxes on his
pension and on the SUnAmerica withdrawals, and has been
credited with receipt of an advance from that account of
$10,965.00. Wife is credited with receipt of $4,900.00 from
that account.
9, Husband is the recipient of a New York Transit
Authority pension, 55% of which is marital property. Husband
has been credited with receipt of a certain a~ount of that
pension as a part of this equitable distribution between tDe
date of separation and the date of the hearing which amount is
approximately $52,000.00. Commencing September 1, 2000,
husband will pay to wife directly, until such time as a QDRO
has been put in place, $684.00 per month. Wife will receive
through a QDRO 50% of the marital portion of the pension
together with any costs of living increases thereon effective
from the date of the QDRO is put into place. Husband's
counsel, within 45 days of the date of this agreement, will
provide to wife's counsel the requirements for a QDRO with the
New York City Transit Authority and sample QDRO provided by
that authority and wife's counsel will prepare the QDRO for
the marital portion of the pension submitting the same to
husband's counsel and to the plan adminitrator before its
entry as a court order.
10. Certain tax consequences flow from the distribution set
out herein and the parties wish to be in agreement on those
consequences. It is agreed that wife will pay any tax due on
account of the S4,900,OO withdrawn from the SunAmerica account
in the year 2000 and husband will pay any tax due on the
S4,600.00 withdrawn from the SunAmerica account in the year
2000. Additionally, wife will pay taxes due, if any, on the
Sl,800.00 she withdrew from the Oppenheimer account in the
year 2000. Additionally, wife will pay federal income tax on
S8,208.00 of husband's pension for the year 2000,
11. The parties acknowledge that certain assets are either
legally or equitably the property of their son, Robert C.
Trimigliozzi. These assets include a Reliance Federal
Savings CD, account No. 0242707038801. Husband will execute a
power of attorney permitting wife to receive from Reliance any
and all information regarding that CD. The parties will
reinvest the CD by agreement of the parties in writing. In
the event that they cannot agree, the account shall continue
in the present bank in a CD. No withdrawals from the account
will be taken without the written permission of both parties
and the account shall be used exclusively for the boy's
education. The parties will equally divide the tax owed by
Robert on ac~ount of the interest earned on the CD.
12, The parties have collected over the years certain
collectibles whi~h they believe may have some significant
value and which they are holding for Robert's benefit. These
include approximately 500 coin banks, some Texaco trucks, and
Lionel trains. The parties will equally divide the
collectibles in kind so that wife has possession of 1/2 of
them and husband has possession of 1/2 of them, These
collectibles will be preserved for sale to fund Robert's
education should the Reliance Federal Savings CD not be
sufficient for the purpose, In the event that Robert does
not go on to higher education, then he may have the
collectibles in kind when he attains 23 years of age. The
collectibles will not be sold without written permission of
both parties.
13. The parties have satisfactorily divided their household
tangible personal property and all such property shall be
exclusively owned by the party in whose possession it is as of
the date of this agreement.
14. Wife withdraws her claims for attorney fees and costs,
15. In the event that one or the other party to this
MR. TRIMIGLIOZZI: A greater percentage, yes.
MR. MULDERIG: No well, if you do not
understand at all, what questions do you have that you didn't
understand?
MR, TRIMIGLIOZZI: I just want to clarify
something.
(A discussion was held off the record.)
THE MASTER: There was a discussion off the
record that Mr, Trimigliozzi wanted to clarify that as of the
present time there is no cost of living benefit with his
pension and Mr. Mulderig also confirmed that there is no
survivor benefi~ with this pension and that when Mr.
Trimigliozzi dies the pension benefits will cease,
MR. MULDERIG: Do you now understand all of
the terms of this agreement?
MR. TRIMIGLIOZZI: Yes.
MR. MULDERIG: Do you agree with all of those
terms?
MR. TRIMIGLIOZZI: Yes, I do.
MR, MULDERIG: You realize that once you
state that you agree to those terms today that they cannot be
changed in any way?
MR. TRIMIGLIOZZI: Yes, sir.
MS. LINDSAY: I would like to just add one
other thing and that is, I would like with your permission to
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ELLEN C, TRIMIGLIOZZI
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-3299 CIVIL
ROBERT ANGELO TRIMIGLIOZZI
IN DIVORCE
IN RE: PETITION TO COMPEL COMPLIANCE
ORDER OF COURT
AND NOW, this 28th day of March 2001, upon
consideration of Plaintiff's petition To Compel Compliance with
the Marital Settlement Agreement and Attorney's Fees and Costs,
and pursuant to an agreement reached in open court between the
parties and their respective counsel, Carol J. Lindsay, Esquire,
on behalf of the Plaintiff and Robert J, Mulderig, Esquire, on
behalf of the Defendant, it is ordered and directed as follows:
1, Robert Trimigliozzi will pay to Ellen
Trimigliozzi $15,000.00 within 30 days of the date of this order,
2, At the time of the $15,000,00 payment, Ellen
Trimigliozzi will provide to Robert Trimigliozzi a deed to the
former marital home.
3, On the same day as Ms. Trimigliozzi provides the
deed, Mr. Trimigliozzi will execute a note and mortgage in the
amount of $12,552.80, with interest at 7 percent from April 1,
2001. The note shall be payable on or before January 1, 2004 and
shall carry no prepayment penalty.
4. Within five days of the date of this order, Mr.
Trimigliozzi will sign a Power of Attorney to be held in escrow in
the office of his counsel, providing to Mrs, Trimigliozzi the
ability to list and sell the marital home. In the event that the
$15,000.00 payment set out above is not made within 30 days,
counsel for Mr, Trimigliozzi shall deliver to Mrs, Trimigliozzi's
counsel the power of attorney. In addition, if Mr, Trimigliozzi
fails to make the $15,000.00 payment set out in this order, he
will vacate the marital residence within 10 days so that Mrs,
Trimigliozzi can sell the residence, In the event the marital home
has been sold, Mrs. Trimigliozzi will be paid the amounts due
according to the terms of this agreement and the balance, aFter
payment of the costs of sale, will be paid to Mr. Trimigliozzi.
By the Court,
v
Carol J, Lindsay, Esquire
For the plaintiff
Robert J. Mulderig, Esquire
For the Defendant
pcb
\
dro Ijb March 29, 2001
Fifty (50%) percent of the marital property component of Member's retirement
benefit is to be allocated to Alternate Payee for the purpose of equitable distribution
of this marital asset.
8, Member's retirement benefit is defined as all monies paid to or on
behalf of Member by NYCERS, inclUding any lump sum withdrawals and/or any
increases, Equitable distribution of the marital property component of Member's
retirement benefit, as set forth in Paragraph 6 shall commence as soon as
administratively feasible after the approval by NYCERS of a Domestic Relations
Order incorporating this Stipulation and Agreement.
9. Member shall nominate Alternate Payee as an irrevocable beneficiary
to the extent of Alternate Payee's equitable distribution interest in Member's
retirement benefit for any death benefits payable by NYCERS,
In addition, Member shall execute and deliver to Alternate Payee an
authorization, in a form acceptable to NYCERS, which will authorize NYCERS to
release to Alternate Payee all information concerning Member's retirement account,
including by not limited to Member's current Nomination of Beneficiaries form for
death benefits, Alternate Payee shall deliver the authorizations to NYCERS, allowing
Alternate Payee to determine if Member has properly nominated Alternate Payee as
SAlOIS
SHUFF, FLOWER
& LINDSAY
a beneficiary as per the terms of this paragraph,
ATTORNEYS.AT'"l.AW
26 W. IUgh Slrf't't
Cnlisle. PA
10. Alternate Payee may not exercise any right, privilege or option offered
by NYCERS, NYCERS shall issue individual tax forms to Member and Alternate
Payee for the amounts paid to each,
11, If the Alternate Payee dies prior to the receipt of all payments
potentially payable to the Alternate Payee from NYCERS under this Order, then any
dro
Ijb
March 29. 2001
payment payable to the Alternate Payee by NYCERS shall be paid to Alternate
Payee's estate to the extent of the Alternate Payee's equitable distribution portion of
the Member's retirement benefit as set forth in Paragraphs 6 through 8,
12, In no event shall the Alternate Payee or her Estate have greater
benefits or rights than those which are available to the Member. The Alternate
Payee or her Estate is not entitled to any benefit not otherwise provided by NYCERS,
The Alternate Payee or her Estate is only entitled to the specific benefits offered by
NYCERS as provided in this Order. All other rights, privileges and options offered by
NYCERS not granted to the Alternate Payee or her Estate by this Order are
preserved for the Member.
13. It is specifically intended and agreed by the parties hereto that this
Stipulation and Agreement:
(a) Not otherwise provided by law, and does not require NYCERS
to provide any type or form or amount of benefit or option not
otherwise provided under the Retirement Code; and
(b) Does not require NYCERS to provide increased benefits
(determined on the basis of actuarial value) unless increased
benefits are paid to Member based upon cost of living adjustments or
on other than actuarial values,
SAlOIS
SHUFF. FLOWER
& LINDSAY
14, The parties intend and agree that the terms of this Stipulation and
AnoRNEYS-AT.LAW
26 W. High Strrfl
Carlisle, PA
Agreement shall be approved, adopted and entered as a Domestic Relations Order.
15, The Court of Common Pleas of Cumberland County, Pennsylvania.
shall retain jurisdiction to amend any Domestic Relations Order based on this
Stipulation ad Agreement, but only for the purpose of establishing it or maintaining it
as a Domestic Relations Order; provided, however, that no such amendment shall
dro
Ijb
March 27, 2001
require NYCERS to provide any type or form of benefit, or any option not otherwise
provided by NYCERS. and further provided that no such amendment or right of the
Court to so amend will invalidate any existing Order.
16. Upon its entry as a Domestic Relations Order, a certified copy of this
Stipulation and Agreement and any attendant shall be served upon NYCERS
7:.u..-~ 6ivvl" \ r,\
Ellen C. Trimiglioz i. ~
Alternate Payee
:3..,.,) - 0 I
I
immediately, The Domestic Relations Order shall take effect immediately upon its
approval and the approval of any attendant documents by NYCERS and shall remain
in effect until further Order of Court,
WHEREFORE, the parties, intending to be legally bound by the terms of this
Stipulation and Agreement, do hereunto place their hands and seals.
SAIDIS
SHUFF, FLOWER
& LINDSAY
A1'TORNE\'5'AT'LAW
26 W, IIIsh S"...
Cull.lt, PA
Date:
Date:
igliozzi
Date:
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