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Home My WebLink About97-05297 ,\"-'.i,,,'-I , " , r \ _'I ~\, <l!"\\"I\ , '\.' ,,' 'o\ " , " , " \ " " , , , , , , " II.. I' I). , " , ',I,' I>., , II , 'i, I" " '" ,I"i 01 " ;, I .1'\ ,. , 1\ ,I, , , \' " ,,' " " " ",' ',\1, " "\ I,', '\ \ "'I', " , " " " \ I, \ " ,1 .1'1 " ; \ ", , ' ,. ':\\i ",'-.\ , 'ill \' '., , ' .. , '., "I' \1 I"~ '.1, ,,' ",. i ,\ " \, \ , ,\ " , " 'I, " \1' . , :' " , " \' , , "I. I,:, , , , , 1\, ," "I , \.1 I . , : , " . ~ ',I 1 "\\' :.\ .,' \ " " 'I' "\, ,\ \' ')\, " '" . ' i\ \, ,';'" " "I' , ,'\ "", " " :' \--. '\ lh ,\ '." \ ~' ",I, 1\\ '. , , , \ ~. f," \ l .i'.,.: ,\ .. '.'1 '.1\ " , 1\ ' "-~~iJH1~'_~'"' 'h~;l!\ .I.I--li\\.;\. \~\~;-';.~,;t \\,,~)t:'~\:,. ,,' \ 'I \ ,",(\" 1\,~'Ili\' ,r'<:\~':.".;l\V\\\Q);, ' \ ".-\\\. ',..-i\:d_I"."..,,_,,- '" .1 ',::r;I'_\:i';\\\~'t~.._ ' '::"',\1'1 J\'':';';l( ',I -H~ ',Ii ,. 'I; \\\,\~:,,~~ ll~ I, ,I" i ,1 \\' '\':I;\\~}D' \ ';I:I,\:.;\.:t~;!(i 'j'.';! " I', 1;',_\_' .-. . \ :-,\j~(;\ \.'I)'-il;I,'t_"_",,, ~.., -h'.. 'I' .1 ,'.\ ' \:,1';\;': \\j',~.'(, :'-""'\' 1\ , , , -",' ,I,' \' " " , , , " , , 'I !i " , I" , , " I' I, .....' .,4' ~ Er,; c: I't ~ '. l~ I''') ~ (. " ~~' '2E f' "., ,,, ,I ' I .~ -.r ()~i ')~' ~f:' 0:/ -'fit N rn~ " to) 0:5 r:; F '9 ~ b ~ " " "'1, :' I " , ", " 'j' " PJIGF.. 01-09 10-14 15-16 Among the RL'eords und I'roeeedings enrolled in the court of Common Pleas in and for the eounlyof ClJo1BERLAND 97-5297 to No. 477 HBG 1998 in the Commonwealth of Penllsylvania Term. 19 is contained the following: CCll'Y Of' DOCKET ENTRY AI!EEII RhNrR<; CA'I11Y S. DIL~ VS ,)ClIN G. DUHKI\RlX) 09-26-97 CCMPLAINT - DIVORCE - 3 IIDDL CCXJN'I'S - F.QIJITABLE DISTRIBUTION - ALIMCX'N PENDENTE LITE - cctlNSEL FEES EXPENSES /\NO <XJSTS OF SUIT. 09-26-97 P~:TITION TO ENFORCE SE1'fLE1>1EN'l' AGREEMEI'Tl' EXECUTED JUNE 25, 1997 10-03-97 ORDER CCUR'!' - DATED 10-03-97 - IN RE PETITION TO ENFURCE SEITLEMENT AGREEMENT EXECUTED 06-25-97 - RULE IS ISSUED AGAINST RESfaIlDENT RETURNABLE WITHIN 15 DAYS OF' SERVICE - BY E[x;/\R B. BAYLEY ,J, COPIES MAILED 10-03-97. IINSWER TO PETITION TO ENFDRCE SETILEMEN'l' IIGRErnEl'Tl' IICCEPTI\NCE OF' SERVICE ORDER OF CoollT - DATED 12-5-9'/ - BRIEFING /\NO IIRGlJo1EN'l' SCHEDULE IN PARIIGRl\PH 5 OF' TIlE ORDER 10-3-97 IS VIICIITED - IIRGLMEN'l' 1-26-98, 3:30 A'1 CR 2 .. BY E[X;I\R B BIIYLFY J - COPIES MAILED 12-8-97. PETITION FDR SPECIIIL RELIEF PURSU/IN'I' TO I'll RCP 1920.43 I\ND 23 PA CSII 3505 ORDER RE: PETITION FUR SPECIIIL RELIEF PURSUI\NT TO PII RCP 1920.43 I\ND 23 I'll CS/. SECfION 3505- DATED 12-22-97 - DEFENDI\NT/RESPC.I'IJ)ENT SHIILL NOT IILIENATE REMOVE OR DISPCEE OF HIS INTEREST IN THE TUCKER IIRENSBERG PC 401 ( K) PL/\N UNrI I. FUR'IHER ORDER OF cctlRT OR IIGREEl>IENT OF THE plIRTIES - BY GEORGE E HOFFER ,) - NOTICE MIIILED 12-22..97 Q2-10-98 OPINION /\ND INTERIM ORDER OF' CaJRT - DATED 2-9-98 - HEIIRING 2-18-98 3 A'1 CII 2 - BY EOC,/IR B SA YLEY .J COPIES MAILED 2-10-98 02-19-98 ORDER OF SPECIIIL RE.LIEF - DATED 2-19-98 - BY E[X;I\R B BIIYLEY J. COPIES MAILED 2-20-98 03-23-98 APPF.AL - NOTICE IS HEREBY GIVEN '!HAT '!lIE RESPCI'IDEN'l' HEREIN APPEALS FRCM ORDER OF 2-19-98 TO WE SUPREME CooRT THIS ORDER HA<;; BEF.N DXKETED liS EVIDENCED BY THE IlTIIICHED COPY (TYPE WRI'ITEN COPY OF NOTICE OF IIPPEAL rxx:KETED 3-25-98 AS PER REC;UEST BY A'ITORNEY) 03-23-98 CERTI F'ICATE Of' SERVICE - UPON CaJNSEL 04-07-98 NOTICE OF' IIPPEI\L TO SUPERIOR COURT OCCKET NO .lISSIGNED 477 HOO 1998 04-27-98 TRANSCRIPT LODGED EXHIBITS 05-05-98 TRANSCRI P1' F'l LED 17-)[ 10-21-97 22-25 10-23-97 26 12-05-97 2'/ - 38 12-17-97 :19 12-22-97 40-46 47-48 49-51 52-53 54-56 57 58- 84 ('onlnlonw~uhh .". I'~nn.ylv'llllu ('llUllly of ('umh~r'ulI" II, I, CURTll:LJ3, LONG __. I'rulhonolury of Ihe COUrI of ('onlmon J'I~u. in und for .uid ('ounly, dll her~by e~r1lfy thai Ih~ for~~oilll! i. u full. Irll~ und eorr~el wpy of Ih~ wholcr~eord of Ih~ case therein staled. wherein ('NJ1.lV S, nrr.F.OIIARm Pluintiff. und , ,11'1>1\1 r. mT I"rN^RIY1 lJ~rendunl _, a, Ihe .ame remain; of record b~fore th~ ,uid ('ourt ul No, 5267 of CIVIL T~rm. ^,(), 19--'LL., In TESTIMONY WHEREOF, I baY~ h~reunto ,~t my hund and affixed the ,eal of ,aid ('OUrI Ibis SIX'll! duy of -_.MAY....-__~()' I 9--2lL , ,~~, --- tnlhlll1lllilPt N I N'!lf I GEORGE E. HOFfER . -- ----....,-,-- Pre,ident .Iudge of the __,_ Judicial I>istrkl. c'm~d of thl' ('mlnly of ('ulIlhcrland. do certify Il1al._ ___.~URTIS R. J ______...___.. hy whom the annexed record. ccniriculc and attestatiofl Were made and given. and who, in his 0\\0 n proper handwriting. thereunto suhscrihcd his name and alfixcd the ~cal of lhe Court of ('omnlOn Picas of said County. ",l.l'~. ulth!,.' lime or\odoing. and now is J'rothonolary in and for said ('ollnty of .-----------~..ct.I:M1E.R.LA._. . in Ihe Commonweahh of 1'~nn,yIYania, duly eomnli"ioned and 4l""ified 10 all of who,euet.u. .ueh full fuitb and credil ilre and ought 10 he: ~i\ien ali well in ('olin" ofjudil'aturl';:tli c:I"ev.herc. nnd that the said record, \,'Crliricale and iH(C~ta(ion arc in due form of la\l,' and made C HI officer. IJrc"~IlJ~'nl .IudlEc Commonwealth of Pl'nn~ylvania ('ounty III' ('umberland I" I. -- CUR'rU; R~:_[J)/';(; _'m" q I'rolhllnotary of Ihe ('ourl or Common Pleas ill and for Ihe ,aid ('lIunly, dll certify that Ihe Ilouorahk ,_, GEOHGE E. HOFFER by whom the foregoing nlteslatioll Wa'i made. and whn hil'i Ihereunlo ~uhl\cribcd his name, was, Illhe ..me of lI1aking I hereof. an.j ,Iill i. Pre,idenl Judge o[ the ('lIurt of ('omll1M Plea., Orpban' C'lurt and Court or QUlIrll'r Scssion,'i of th... flcacl,' in and for "iaid County. duly Commi!li!\ioncd and 4ualifiC'd~ to all whose acls a.,; such full ".Iith and crcdil arc ilnd ou~ht (0 tw !-livell. illt well in ('OUrls or judicalure as elsewhere. IN IESflMONY WI/rRrOJ" I '''",c hereulllo 'cl m{ hand nnd .tffl)(l'd the: "calol 'illld ( oUrI Ihl'i _~~~"''''-n ",,'"_ flllhlll\llLnl PYS510 Cumberland County Prothonotary's Office Page 1 Civil Case Inquiry 1997-05297 DILEONARDO CATHY S (VS) DILEONARDO JOHN G . Reference No,,: Filed........: 9/26/~99~ Calle Type. . , , ,: COMPLAINT - DIVORCE Time. '!" .. .. : 1 18 Judgment. . . . , . : .00 Execut Qn Date 8/081 0 Judge Assigned: BAYLEY EDGAR B Sat/Dis/Gntd, , /0 I 0 0 Jur~ Trial..., Hi~ er Court 1 Hi er Court 2 ....................................................... ............**.......... General Index Attorney Info DILEONARDO CATHY S I?LAINTIFF CONLEY CINDY S 6 CHARISMA DRIVE CAMP HILL I?A 17011 DILEONARDO JOHN G DEFENDANT MEILTON SANDRA L 3101 GREEN STREET HARRISBURG PA 17011 .................................**............................................. * Date Entries * ........**...................................................................**. 09/26/97 COMPLAINT - DIVORCE - 3 ADDL COUNTS - EQUITABLE DISTRIBUTION - ALIMONY ALIMONY I?ENDENTE LITE - COUNSEL FEES EXPENSES & COSTS OF SUIT 09//2063//9977 PETITION TO ENFORCE SETTLEMENT AGREEMENT EXECUTED JUNE 25 1997 10 ORDER OF COURT - DATED 10/3/97 - IN RE PETITION TO ENFORCE SETTLEMENT AGREEMENT EXECUTED 6/25/97 - RULE IS ISSUED AGAINST RESPONDENT RETURNABLE WITHIN 15 DAYS OF SERVICE - BY EDGAR B BAYLEY J - COPIES MAILED 10/3/97 ANSWER TO I?ETITION TO ENFORCE SETTLEMENT AGREEMENT ACCEPTANCE OF SERVICE ORDER OF COURT - DATED 12/5/97 - BRIEFING AND ARGUMENT SCHEUDLE IN PARAGRAPH 5 OF THE ORDER 10/3/97 IS VACATED - ARGUMENT 1/26/98 3:30 PM CR 2 - BY EDGAR B BAYLEY J - COPIES MAILED 12/8/97 PETITION FOR SPECIAL RELIEF PURSUANT TO PA RCP 1920.43 AND 23 PA CSA 3505 ORDER RE: PETITION FOR SPECIAL RELIEF PURSUANT TO PA RCP 1920.43 AND 23 PA CSA SECTION 3505 - DATED 12/22/97 - DEFENDANT/RESPONDENT SHALL NOT ALIENATE REMOVE OR DISPOSE OF kIS INTEREST IN THE TUCKER ARENSBERG PC 401 (K) PLAN UNTIL FURTHER ORDER OF COURT OR AGREEMENT OF THE PARTIES - BY GEORGE E HOFFER J - NOTICE MAILED 12/22/97 OPINION AND INTERIM ORDER OF COURT - DATED 2/9/98 - HEARING 2/18/98 3 PM CR 2 - BY EDGAR B BAYLEY J - CQPIES MAILED 2/10/98 ORDER OF SPECIAL RELIEF - - DATED 2/19/98 - BY EDGAR B BAYLEY J - COPIES MAILED 2/20/98 APPEAL - NOTICE IS HEREBY GIVEN THAT THE RESPONDENT HEREIN APPEALS FROM ORDER OF 2/19/98 TO THE SUPREME COURT THIS ORDER HAS BEEN DOCKETED AS EVIDENCED BY THE ATTACHED COPY (TYPEWRITTEN COPY OF NOTICE OF APPEAL DOCKETED 3/25/98 AS PER REQUEST BY ATTORNEY) ~3/23/9i CERTIFICATE OF SERVICE - UPON COUNSEL 4/07/9 NOTICE OF APPEAL TO SUPERIOR COURT DOCKET NO ASSIGNED 477 HBG 1998 4//27/9 TRANSCRII?T LODGED 5 04/9 TRANSCRIPT FILED ......................................**................***..................... * Escrow Information * * Fees & Debits Bea Bal Pvmts/Ad1 End Bal * .........................................,......,.....*......................... 10/21/97 i~~~~~~~ 12/17/97 12/22/97 02/10/98 02/19/98 03/23/98 DIVORCE 35.00 35,00 'SO TAX ON CMPLT 5:88 .58 : 8 SETTLEMENT 5,0 MASTER I S FEE 1~8:88 1~~:88 J DIV PA SURCHG ADD'L COUNTS 3g:88 3 : 88 JCP FEE JCP FEE 5.08 5,08 J JCP FEE 5'8 5'8 JCP FEE 38: 8 38: 8 APPEAL ------------------------ _ M' _ _ _ ___ _ ....__ 255,50 255.50 .00 ................................................................****..******.... * End of Case Information * *................................................................****...**...... - . Among the Records und I'roceeding' enrolled in the court of Common Pleu, in und 1'", Ihe county of Cl.folBERL~ 97-',297 10 No, __1:17 HBG 1998 in thc Commonwculth of I'ennsylvunill _ Term. 19 is contllincd Ihe following: nwy OF APp"ARMr"c; DOCKET ENTRY CA'\lIY S. DIl.Rl'l/\ROO VS ,JaIN G, DIl.Rl'l/\ROO 09-26-97 CCMpLIIINT - THVORCE - 3 lIonL CCIJNTS - EQUITABLE DISTRIBtrl'ION - ALIMONY PENDENTE LITE - COUNSEL FEES EXPENSES AND CXJSTS OF SUIT. 09-26-97 PF;TITION TO ENFORCE SETTLEMEN'l' AGREEMENT EXECUTED JUNE 25, 1997 10-03-97 ORDER COORT - DATED 10-0.1-97 - IN RE PETITION TO ENFDRCE SE'ITLEMEN'l' AGREEMENT EXEarrED 06-2'>-97 - RULE IS ISSUED IlGAINST RESFONDENT RETURNABLE WI'!lIIN 15 DAYS OF' SERVICE - BY EDGI\R B. BAYLEY ,J. COPIES MAILED 10-03-97. 10-21-97 ANSWER 'IO PETITION TO ENFDRCE SETTLEMEN'l' AGREEMENT 10-23-97 ACCEPTANCE OF' SERVICE 12-05-97 ORDER OF COORT - DATED 12.,5-97 - BRIEFING AND ARGlJo1ENT SCHEDULE IN PARAGRAPH 5 OF '!lIE ORDER 10-3-97 IS VACATED - ARGLI'IENT 1-26-98, 3:30 R>1 CR 2 - BY ElXiIIR B BAYLEY .J - COPIES MAILED 12-8-97. 12-17-97 PETITION FDR SPECIAL RELIEF PURSUANT 'TO pA RCP 1920.43 AND 23 PA CSA 3505 12-22-97 ORDER RE: PETITION FDR SPECIAL RELIEF PURSUANT TO PA ReI' 1920,43 AND 23 PA CSA SECfI.ON 3505- Dl\TED 12-22-97 - DEFENDANT/RESPONDENT SHALL NOT ALIENATE REMOVE OR DISI?ffiE OF HIS INTEREST IN '\liE TUCKER ARENS BERG PC 401 (K) PLAN 1lN'l'I I. FUR'JllER ORDER OF COURT OR AGREEMENT OF '!lIE PARTIES - BY GEORGE E HOFFEIl ,J - NOTICE MAILED 12-22-97 02-10-911 OPINION AND INTERIM ORDER OF COORT - DATED 2-9-98 - HEARING 2-18-98 3PM CR 2 - BY EDGAR B BAYLEY ,J COPIES MAILED 2-10-98 02-19-98 ORDER OF SPECIAL RELIEF - DATED 2-19-98 - BY EDGAR B BAYLEY J. COPIES MAILED 2-20-98 03-23-98 APPEAL - NOTICE IS HEREBY GIVEN '!l1A'\' 'IllE RESPONDENT HEREIN APPEALS FRCM ORDER OF 2-19-98 TO '!lIE SUPREME CCXJRT THIS ORDER HAS BEEN DOCK"-'TED I\.c, EV IDENeED BY '!lIE ATTACHED COPY (TYPE WRIT1'EN COPY OF NOTICE OF APPEAL OOCKETED 3-25-98 I\.c, PER REQUEST BY ATTORNEY) 03-23-98 CERTI FICATE OF' SERVICE - UFON COONSEI, 04-07-98 NOTICE OF APPEAL TO SUPERIOR COURT DOCKET NO ASSIGNED 477 HBG 1998 04-27-98 TRANSCRJP'r r.OlX~D EXHIBITS 05-05-98 TRANSCRIPT FILED ~., C'? :.-:: n; If: t:': r:"- t: :-:Lr c") tr;;" (. ) ~ ,'" uJ." ,),'. -=~')"'cr ...- ,.., I ~,. \ ! ......~ "~ ~'r' 0.. ";..J [-r: '" .~. () ~;> . :: ~/.1 F' ('J I"!:): """ o. '.\t,1l u.. '_L_ W ',~ \ L.-l. ~, Vl '5 ~ ';T. () ~ ,C?, '() [,..:." \~ ,<:)') , 'f$ .-{ ~ \~~'i -:g. .. r--. '... ~ ~ "I') .. "0 " ~ ~ , <;:) ;;..:J.. &. " "" ~ '" ~ ~ ~~ c:s ~ ~,< ~ o~ .... ~.. ~ tl~ ~g~g tl z~A ~ ~~n ~ ~~~u I> , ,... ~ . A Jill! ~.. a1 ~~~ z.... ~~ ~i ~ ]~al ~g~ "', is '" i g5.l6 ," iS~ ., ..... . .,,! ~ ~I~o till>.. I> <.:I ~ ~ CS $S 0.' .... Uz ~ , ',' " . . .' v v , .. now... 1(1'I'IINClJo:It & MIL.:!!. p.e, . "I 1,'1' ') ,.,l__. ( I . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, I?ENNSYLVANIA CATHY S. DiLEONARDO, ) I?laintiff ) 17- ,.,' ..':ij ) v. ) NO. CIVIL 18 !HL ) ,;JOHN G. DiLEONARDO, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court, A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff, You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counselling. A list of marriage counsellors is available in the Office of the I?rothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROI?ERTY, LAWYER'S FEES OR EXI?ENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS I?AI?ER 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. I,awyer Referral Service Cumberland County Courthouse Court Administrator, 4th Floor 1 Courthouse Square Carlisle, PA 17013 Telephone: (717) 240-6200 AMERICANS WITH DI~LITIES ACT OF 1990 The Court of Common I?leas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having bUlin... before the court, please contact our office. Ail arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. , . .. IN THE COURT, OF COMMON I?LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY S. DiLEONARDO, ) Plaintiff ) ) ~l~J~'l v. ) NO. CIVIL 1997 ) JOHN G. DiLEONARDO, ) CIVIL ACTION - ~W Defendant ) IN DIVORCE COMPLAINT IN DIVORCB AND NOW comes Plaintiff, Cathy S. DiLeonardo, by and through her counsel, Howett, Kissinger & Miles, I?c., who states the following in support of the within Complaint: 1. I?laintiff is Cathy S. DiLeonardo, an adult individual who currently resides at 6 Charisma Drive, Camp Hill, Cumberland County, I?ennsylvania, 17011. 2. Defendant is John G. DiLeonardo, an adult individual who currently resides at 3101 Green street, Harrisburg, Dauphin County, I?ennsylvania, 17110. 3. Both the I?laintiff and the Defendant have been bona fide residents in the Commonwealth of I?ennsylvania for a periOd of at least six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on May 19, 1984, in Erie, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United states of its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act at the Congress at 1940 and its amendments. ~ . - 6. There have been no prior actions for divoroe or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has been advised that counselling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counselling. 8. The parties have lived separate and apart since on or about June 20, 1997. COUNT I - DIYQBg,E PURSUANT TO ~3301(cl or (dl OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. WHEREFORE, I?laintiff respectfully requests the Court to enter a Decree of Divorce pursuant to ~3301 of the Divorce Code. COUNT II - EOUITABLE DISTRIBUTION 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property," 13. The parties entered into an agreement on June 25, 1997 (a oopy of which is attached hereto marked Exhibit "A" and incorporated by reference herein as if set forth at length), which resolved the equitable distribution issue. 2 :3 . ., WHEREFORE, Plaintiff respectfully requests the Court to enforce the equitable distribution provisions of the Juns 25, 1997 agreement, COUNT III - ALIMONY AND ALIMONY PENDENTE LITE 14. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 15. Plaintiff lacks sufficient property to provide tor her reasonable means and is unable to support herself through appropriate employment and requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 16. I?laintiff is unable to sustain herself during the course of this litigation. 17. The June 25, 1997 agreement resolves the alimony and alimony pendente lite issues. WHEREFORE, Plaintiff respectfully requests the Court to enforce the support provisions of the June 25, 1997 agreement. COUNT IV - COUNSEL FEES. EXPE~ES AND COSTS OF SUIT 18. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 19. Plaintiff has retained an attorney to bring this action and has agreed to pay her a reasonable fee. 20. Plaintiff expects to incur costs and expenses in enforcing the June 25, 1997 agreement. 3 ~ .. ... 8.-~-'\ 1 G) ~e "'o-.>-~e. ~ t.. C'" t..U1.~ M "' c.....,~1.('l.R...r-~I., ~'o \-\"t:.~ 1;1::. ::s:;;."..,..,.... ~, \x.. k-n.c.,._"~~,,,.~ k - c - \-0 ~ '\\......1 ~c.~\.,-(, ~'" \ ~e\l~~ ~d ucl,;LC~ \+ J"'L ~ J ~, \ \? f1..t..: ~.'1. ''1 ~, '\,~~'!.- v.:> ,\ \ ..~ <"1\0...' v'" ~ ~'\Q~",-\ \t:, Q(..\\......'1 ,c;, t. \...... \.....r ' ~ ~~ 'o..rIl- Qc..~ ~,d CJ:'" '^ .t, ,J..Q. ,r-o., \....s..",,- \,.00.,)'\\ ~e'" ~e d '--\ €'cu',s. , \-0 !;~..~ f,~ \,~'V\t lv' ~ ,'^ ~\.--<"- \""c \,.j.!; <i!.- r:::;---.... \.,~ l gr ";> ..... I \ ~ J';;"_. O'""^t...,.,,...,.:1- 0' - .,),...CCl.N ~\\, \Qe,. Q 0-.. \ c.\. 'VY"' ev-.. ~ k( \0 j ~'^ '" ~ Qo. ~ -€\,J e\J"1.1 """'0...... ~ , sJ;t \ I SoD .~~ \..A.:) \ \ l ~~ (='o....~ Ov... """e \~~ d<">"'i ~ ~_c::....L\,.." S"'V"\ o'^~ ~~ \ ...... '^' "^"\ :Tu V\ e.. ,'\1:\ / o.,,,,,l ~ \ ,~-co.c:u ~" \ '-o,?- ~,c\ CV\ "'" _"W-- \' \ -n \,-^q, \.:l aT- <?_os-v'\ VV"c:...,...''^, (3) )..., \ -...l ",..t -c. Lu ~\. ~'o I;-S.. '-....HI.. n..sa "'" '\\. ( ,....,..., ie, 'J'\ ~ oU\.. e. C\\,e, J\.. ..s. ,~ \e '\J....G., '^'^ e. '-^l,,, , ~ o.!;.S.u I,(........~ "=>1 '-~ ~ \r-. '^ , \~~L \....:> \ \, ..s..-eI..-\.l-flJ.l- c.... COv\~D\' ~c:...'tt,'IY"\ "C;f:Av-. 'o....... \.....s \ tl: \ NC'- ""'" ca.. 'r ~ 0-,,\ G~ C... \ , \....:. '-"S-e L u ~~ .>c ~~ \N\\\ ('-~~ ~ \..e..\6. \\(>'de o <...A.,.) V") de..\o~..':" CD 0...0.. '\\....'{ v...:. CJo-~O,^ ~, ........:> \ \ \ y:."-"-X> Y;:M".., \...>-)\\\ "'-Q..rL 'Le.e..~ \0..8 '\ So...~q,. , ~' \..... 'or.. \ \-.. "'^~ e.('1.~ \^'-~ . EXHIBIT I "A" ~ \~ u. (,,,,,- I!;,''''' ~e.. \ "^- r" ..., ,.. c.... '." t"" ,-""" \\ \ ~ ~ = \r.. ,'" .....r-y-..c....' ,-"c,.. ,,,-,,,ch. \Ch..r..,\ '" ~ "- C,,^,\.\."-'t,t, \,~\ c::.:"n <::&e" '~e~,L.('''''' \ ~'lc.'~e~ ~--)" C,\:,,~~(',~, ~, (tSl ,.r....... c... , "^ <. r:.. -..J e ...'''" 6. u '^ I.-\. \ ~ J'\ ~... ,~~ \,,,\ \a..u-> ~,!'l- C<.,,"-" ~().'_ ~ , J Co"\"'..r- 0.. \.S b O-c:,,~"\.~.e. ~ \-c ~c.....-\. ~\.:- C<::>vQ."~ o.s.. ~.. '\\... -\ ~ {'I..o l.-"-" \ \ \ \V'o c;;, u..o. v-.'_ e. Q::; eJ;\r V"'o ,-lo;:>", \ \')C~.\ Cc.'t. 0..\\ C<:.-S~ ~ 0<'."1' ~ \J~~ '(U.L~'N.\ \D <:.c'-\.e~e.. ~o.n.. ~,,'\ c,,^\\o'J'Qv"'\ ~ ~e\ ~ ,\\ ~_ c..\o\oc \-0 o..\Ie,-,~ ~C? cc\\~,,\e J. ~e_'~"L C\'-"<::;,\c.C::'. , I 1\ ~ ~ u:, \-o~'i-.. J. ~e. c. "^ ... \ ~ ,,"4L v"\ '-'") \ \ \ ~'a2 "''V'o... \ '^ -........:>\.'\\r... ~o..."'^-'i c...",~ Tc...........'^ \......)\,\ ~c::^..,( o.""""\,\J2.. o"J \s \\vh.~ o,{2o.....~"" \'( \"j -.A. ~'^s~~ ~ \ ,^C- \o",)~~ e.~ ......_\ ~ ~oQ.,<-Q. \J~ I -k! -{: '<- '-'" t\ ~ -\- \ '-""Ie. '\ '-"'- ",^-e. S. ~ \IV'\ iJV'e ..r- c:\ Q ~ ~ ... ~ ~ -\-\ ............. e cl '-'..{\. .. "^'\ \-v...e.. '--'-' e.. e. ((.. C\..S. ~"- -.n. ~ec\.. \",) ~I::.~ OL~ ~ c..~ e.c\. avo.. ~Q c:.. "', ~ v..Q. ",,,-s. c:;. c. \..r..- e. ~ '-l ~ ~ J...- ~ ,~ """" C- \ '^ \.e. '" '" (>J.- \)o'\'v... \.' 0..-" Q "'- Ic;;s. \0 --...,,) 0 -l"L '<.. ,...,....~...... '-o~~~ \. ...,....\e....~...~.'i.. c~ \:v-.e (. ,,^, \~v-Q~ c..~ ~'J\ ~~ \,C'-'\1.t..","-' \-D ""c......... e.. c-'- (C.",,^~'-....,...,,~ Jl.Q.-\<."-h\.,;.....~\'tf .....,.:;, I..~ ~VV'\, ~\J9? aL g~~~~ C;/ ~:::~, \ ) ,\. .. s:;~ .\ ) ....) '. 'I -~/ :J 5-,) q 7 , . ~ ..$ C. o U'1 1,....;;. '! .'- r- ""1 . ? v,( ('-' &;'. ,'" I...,. \)...1-:" . (.)~., ~li:') ':t. F . 'o,l r;. 'I ' u..., I~ ") '~.J \)~. .. ,~. t' :',7} ~(' .0'.'. (, I., (:. C..J I' /) . .",11' '"tll e-l' ~f,,,t~i. ,.. Cl, .." ..,. f~-' .., ~ ~'S \5 '; i::; , , ~' ,.. ~ "'-< I~ ~ ~tj ; 8 S~@l s ~ i:=; ~~;;~ ~~;~ . ~~ ~ . II J j !Ii . ~ ~.. "'- ~jtj 081 ~~ ij ~ : i J ~ :z: ~18 is r:l ~ '.... ,~ , .~ U I : ~g Ul~ ;- " ',' ~ ~ ,~. Q..< " q' . '. , '-' .......' , . " 1II,)WF:. 1{IH!!IN(}F:lI & MILE!!, P.C. .~ / ""I J / ,~cr 0 2 1997 - - IN THE COURT OF COMMON PLEAS OF CI]MBERLAND COUNTY, PENNSYLVANIA CATHY S. DILEONARDO, ) Plaintiff ) ) 1..' -) ) V. ) NO. 'i ;) CIVIL 1997 ) JOHN G, DILEONARDO, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE PETITION TO ENFORCE SETTLEMENT AGREEMENT EXECUTED JUNE 25. 1997 AND NOW comes the Plaintiff, Cathy S. DiLeonardo, by and through her counsel, Howett, Kissinger & Miles, p.e" and files this Petition To Enforce Settlement Agreement Executed June 25, 1997 and in support thereof states as follows: 1. I?laintiff, Cathy S. DiLeonardo (hereinafter referred to as "Wife"), is an adult individual who currently r~sides at 6 Charisma Drive, Camp Hill, Cumberland county, Pennsylvania, 17011. 2. Defendant, John G. DiLeonardo (hereinafter referred to as "Husband"), is an adult individual who currently resides at 3101 Green Street, HarriSburg, Dauphin County, I?ennsylvania, 17110. 3. The parties were married on May 19, 1994 and separated on or about June 20, 1997. On June 25, 1997, the parties executed an agreement resolving the economic issues of their separation and impending divorce. A copy of the June 25, 1997 agreement is attached hereto marked Exhibit "A" and incorporated by reference herein as if set forth at length. I?ursuant to that agreement, Husband agreed to transfer ownership of the marital residence to wife. On Sepember 9, 1997, Wife forwarded the deed transferring all of Husband's interest in the marital residence to Wife for his signature. To date, Husband has not executed the deed and returned it to Wife. 10 .... - 4. Pursuant to paragraph 3, Husband is to pay wife the sum of Three Thousand Dollars ($3,000.00) per month commencing with June of 1997 by paying One Thousand Five Hundred Dollars ($1.500.00) on the 15th of each month and One Thousand Five Hundred Dollars ($1.500.00) on the last day of each month. As of September 15, 1997, Husband ceased complying with this provision of the agreement. 5. I?aragraph 4 of the June 25, 1997 agreement directs Husband to secure a consolidation loan in his name alone and fully satisfy all unsecured debts of the marriage regardless of whether said debts are in joint names or in the individual names of the parties. To date, Husband has failed to comply with this provision of the agreement. 6. 23 l?a.C.S.A, Section 3105 (a) provides as follows:, lal Entoroement.- A party to an agreement regarding matters within the jurisdiction of the court under this part, whether or not the agreement has been merged or incorporated into the decree may utilize a remedy or sanction set forth in this part to enforce the agreement to the same extent as though the agreement had been an order of the court except as provided to the contrary in the agree~ent. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enforce the June 25, 1997 agreement entered into between these parties utilizi,ng, among other things, the remedies available in 23 Pa.C.S.A. Section 3502 (el (1) through (9). Respectfully submitted, Date: ~.5 xLri /99S'" cindy s. onley, Es HOWETT, ~ISSINGER 130 Walnut Street P.O. Box 810 HarriSburg, PA 17108 Telephone: 717/234-2616 Counsel for Plaintiff Cathy S. DiLeonardo p.e. II -~ , .. I' , " , " 1 , ( J , , , , " , " l \ J '. II. ( II.. '-..J :\ " J'" , ( , ," .' . v ,\J '-' ~ ~ & l!l iL ...5 ;:.. ~.I! -- a~i5!~ a~il:~~;: .~=~h j CIl M ... tl; f Q ~ g ~ ~ = ~ ~ ~ ; :: = IO'J/-'f7 ,. ... CATHY S. DiLEONARDO, I IN THE COURT OF COMMON I?LEAS Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v, I' I NO. 97-5297 civil Term JOHN G. DiLEONARDO, : Defendant : IN DIVORCE ANSWER TO I?ETITION TO ENFORCE SETTLEMENT AGREEMENT AND NOW, comes Defendant, John G, DiLeonardo (hereinafter "Husband"), by his attorneys, Hepford, Swartz & Morgan, and answers the I?etition to Enforce Settlement Agreement as follows: 1. Admitted. 2, Admitted. 3. Admitted in part and denied in part. By correction, it is noted that the parties were married on May 19, 1984 (not 1994) as evidenced by the Divorce Complaint. It is admitted that the parties separated on or about June 20, 199'7. By way of further reply, it is admitted that an agreement was signed by the parties whereby Husband agreed to sign a deed transferring all of his interest in the marital residence to Cathy S, DiLeonardo (hereinafter "Wife"). It is further admitted that Husband has not executed the deed and returned it to Wife. It is denied that the June 25, 1997 Agreement was intended to resolve economic issues of the parties' separation and impending divorce. By way of further reply, it is averred that the Agreement wa3 entered into as an interim agreement to deal wi.th J '1 ;~': " t!~. It'. J r-~ \1": , , , , , ' .. F"J , ' ~IJ! U ',r t~I' , (~:,: ,I' ~ ','~ F \I: ,.. 'J' I ~ ,.ll , ,..; " U ' C) ".'1"" .'1, '1 t.. i~~ ~ , tj ~" ~ ~~ ~ i2~~ . ~~p ~ . ~ ~., j'~dl ~g~g I~ tl 081t) ., ~] ~ ~m;iJ ~~!~ is .a ... , olloo "" ~ ~i~~ <Il . ~ ' ~ <.:l ~ ~ ui 0 " " , , ' 'I' " , , , , I -'-. ~ I .'-'-'~ v ..... -.:", rl ( " I.::: i'" ~~~J , , lit'" -, : C)'.. --.1 I!-'j I,." (jl. , I '1 ' ,,',1 C1 ~_!. j ~ <'J t ) " ~ t-- { l, i ~j < , , a. I U I.'.) r- "-11 ~, en C) ~< 0.... tl 3~~ i~~~ ~ . ~ ~~jtj ... 8:l...... ~~6~ ~ oil..... 1= 1=1'" /::i~~g . g !:!"" ::0:"" ~ .~ is '~ ... ."" en ~ -- , .. , ~~ ::0:., ~~ is'''' ~ . ~ ~ o '"", v tJ ~ en "" o ~ I , , " 'I,'" " ~~ -,. U ~ .; 0 ~ ~;ij! ; ~ ilu! ~ ~a I i ! Q, " ]'; I "I '" 'I' , " j..dJ{\<~'Um'H#'o' .- cl"l'JIJ)'t'\'J fll.' ,il'; ,):,':tr',-':\lj'J,I"'/ I,\' 'i 'lr,,","!-' ;"_-" " q 'f i. ',,"I)..-'!"" '_' _;'" '. q.. .,1 ",,"J!" \ "j""";';iI' ..,,.....'1 'I' "l-;,,\r'~"""""'::jl,~-, , , lInk;! -_,_~df~t.. _ I" ,-r'h-,"'\, - '-, \ _"\~/l~'i:':'~l~":: .Il' '","1"'1'" 'j I:,'., r.~ot.'i~fH-,~ "I Jl ._!....',..._.____!:~_________, ',I I I . --";";'-';:'!;'!/-i:>(l':';';: i-:ltr~r:~/!_,:_.~J;_:~~{}~H:!Y';'_: , "I \' ," ".,.,...,o.! "\ . t...,,-- .,...;-J :' .:....,' _ _ 'L' ' _'" :1 'I. I ~:,_'_';!::_:,~:'i '-it;, -j '~,,~'+~':!;iJ_i;11!L ''DO-~KI-'''-o;""a..JL ~I_ p' ' ",~,;, II" ",' ,',i-/ij;,!#;)f:" '. ~ w._.. ~~..~ ,... '1Ut6~ ~.I j , !!; ~;Ti::';:'-";I;"'/~~-i/~-i:;';\:'(-itW:--:/{/~,tr!i~,'_" )' "i"'\'r)';t\,,'"Jr~, .".L~~ ;f,:."...;, ,'1/: IN THE COURT OF COMMON I?LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY S. DiLEONARDO, ) Plaintiff ) ) v. ) NO. 97-5297 CIVIL ) JOHN G. DiLEONARDO, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE ACCEPT~NCE OF SERVICB I accept service of the Complaint in Divorce on behalf of John G. DiLeonardo, Defendant in the above-captioned action and certify that I am authorized to do so. Date: /tJ/1A7 ~-t~1;~~j Sandra L, Meil on, Esquire HEI?FORD, SWARTZ & MORGAN 111 North Front Street P,O. Box 889 Harrisburg, I?A 17108 Telephone: (717) 234-4121 Counsel for Defendant John G. DiLeonardo ',J; , , , " I I,; ;'1 , " " ,., :,~ 1. 2~ ',' -'. ',' I " ~ ,", .' , ' , .. ( , \, , , \ r"'. .- J , .'" t,', V' '.. \ " co' ~ l~ c,) <i) 0 ~~ .., ~ ~~V1 S<tl ... ., ; ~ g~ 41 ~ ~~Sil " Po. ~ 0 ~ ......, ~ 0 ~ '... ~ ~ .~ !~~ ., all ;; ~ .... Po.. ~ ~ ~ g ., ~ '< , 41 U. 8~ -l'll I}j"';"l ~~ ~~~i~ ~~:5 ~:;: .;U :z: '... ~t:1..tU o I ~ ,~ :z:~ ~~"" ~~~o.; E-<8:z: ~~ ~ >l I;; ~ ~A~ ""'~ . ~~~ ;I - ~ ~ 8~~ Q.. :- ""'~ ~ . . ,i! CIl . ~ ~~~ ~ ~ Po.~ :z: > ,Q.. i H t1 El ii' ;" ,J,- ~,.., , " I I....i I, ' . DE.C 1,81991 . . HOWETT. KISSING.:R & MIl..:S. I!C. ,~ ~'1 "1- '1 - r( - "<( ,1 ~ ~ ,-\ .-, hereto marked Exhibit "A" and incorporated by reference herein as set forth at length, 5. I?ursuant to paragraph 4 of the June 25, 1997 agreement, Husband is responsible for payment of all unsecured debts "currently in joint or either single name" of the parties. 6. To date, Husband has failed to comply with this as well as other provisions of the June 25, 1997 agreement. 7. Accordingly, on September 26, 1997, Wife filed a I?etition to Enforce Settlement Agreement executed June 25, 1997. 8. As a result, the court, on October 3, 1997 entered an order directing Husband to file an answer to Wife's petition within 15 days of service; directing any depositions to be completed within 35 days of service; directing briefs to be filed in chambers and scheduling argument to be held on Tuesday, December 9, 1997, ~. On October 21, 1997, Husband, through his then attorney, Sandra L. Meilton, Esquire, filed an Answer to I?etition to Enforce Settlement Agreement. 10, On October 22, 1997 by agreement of the parties, through their attorneys, depositions were scheduled and not~ced to both parties to occur on November 21, 1997 at Wife's counsel's office. 11. Subsequently, on or about November 1, 1997, Husband, who was an associate attorney with Tucker Arensberg, I?C, was terminated from his employment. 2 ~~ - ~, 12, Accordingly, Wife's counsel was advised by Husband's then counsel, Sandra Meilton, Esquire that due to this termination, she believed that she now had a conflict in continuing to represent Husband and thus, while she would agree to continue to attempt to negotiate a settlement for an additional few weeks on Husband's behalf, that she would have to withdraw as counsel and would not represent Husband at the scheduled November 21, 1997 depositions. 13, Settlement negotiations however were stymied when Husband failed to contact attorney Meilton despite her repeated requests, 14, Olt Thursday. November 20, 1997, Husband's ,current counsel Sam Andes, Esquire contacted Wife's counsel and advised that he had just been retained to represent Husband and that as he was not available he and Husband would not be attending the depositions scheduled for Friday, November 21, 1997, 15, Accordingly, at the request of both parties, the oral argument date as well as the due date for briefs has been rescheduled for January 26, 1998. Depositions have yet to be rescheduled although counsel for both parties have exchanged possible dates for the depositions, 16. But for Husband's dilatory conduct in not obtaining other counsel until the day prior to the scheduled depositions, this matter would be before the court ready for final disposition. 3 3d ,....., 17, At the date of separation, Husband owned an interest in a profit sharing plan with his then employer, Tucker Arensberg, I?C, with a vested present value of approximately $11,372.55, 18. Should this court determine the June 25, 1997 agreement to be binding and enforceable, Husband will be responsible for paying the unsecured marital debt of the parties, 19. In that event, given the fact of Husband's recent termination from employment, Wife believes that the only source of funds to pay said debts will be Husband's interest in his 401(k) plan, 20. However, given Husband's current financial situation and the fact that Husband is also seriously behind in his child and spousal support obligation owed to Wife, Wife is concerned that Husband will withdraw the funds in his 401(k) plan and dispose of them to defeat his obligations pursuant to the July 25, 1997 agreement or to defeat his child and spousal support obligation. 21. l?a.R.C,I? 1920.43 provides as follows: (a) At any time after the filing of the complaint, on petition setting forth facts entitling the party to relief, the court may, upon such terms and conditions as it deems just, including the filing of security, (1) issue preliminary or special injunctions necessary to prevent the removal, disposition, alienation or incumbering of real or personal property in accordance with Rule 1531 (a), (c), (d) and (e); or (2) order the seizure or at tachment of real or personal property; or (3) grant other appropriate relief. 4 31 .....,., ...... EXHIBIT I ^ -~------~..-.. 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(\.0 ,-''V' (.0., '" c:. C'. -..J e "",,6. I...l "^!.,...\. \ \:..J u.. ''- .. ':.. \c.)~r.;",,- \~ '" "'^ , ,~..h. L_ I' ('c............. "l 'o.c. ~ , '0'-1 \Q...~ ~ ..n- ,V' .,., ~ ,,0- V"oc. e, G::::: \.J -::.\r "'" ....=,\ \ \X---"\ \:cA 0..\\ c:.C.-S~ ~, e..,.. ~ ,,~~ '(U.L~'~ \0 ~c>I...\.e~e \J.,.'L. ~~..... C\""'\\O\.J'Q",,"\ A ~~\ ---' ,\ \ ~_ c..\O\o.l. \0 o..~v~ ~c;.:> c.c\\-<C.."\. € c.t ~e''''- c\-.~,c.Q. ~ ~I..:>~'ro~-h J- ~e. c. ,,^, \ ~,,"-v"\ ~\\\ ~'42 ,,.V' 0. 1 '^ \...).,:>~ Cc..-,,^-'-{ c...,-",~ Tel....-... v..... \...U\\\ \"C::^oJC D..tV"\?\..r2.. o,J \5. ,~<.)../"\ {2.C:':,:<-\'\" \'{ ~ V4\.-e~"S\-c,t::~ \-0 \ ",C" \u~e <?, -..>.A........\ c.~Il..u'\... ~-Q"-'< ,,-6. I ...e -(: \,.::, ,"l\ ~ -\- \. ,^^e. '\........ ~e. ~ u I.J'V'I v'V'e .r- c:\ Q.. ~ 6 .. "'- ~ .:t- \ oJV\ e c:\ ,~,,'- , '"^'\ ~e.. '->-.J €. E'_1e.... C\.S Lba....on~eJ.. '-.:.i\,c.."-",, c'-~ \.;c...l.~~ C)'..r.... ~<.> c\......,~"~,.i,,S, c;>c.~e,~,-,\e,-.J--k ,~ '\'v-.~ \ '^ V V'o " r..~ \~t:.: "\\." ({O-...A Q ~ _ ~ ,\-0 ,~<:: -l'- '<.. \ v-. ~Q.. '-..oec-~"" \. v....\e.,-Q..\...,.... c~ \;v"-E" <.: '^\ \<\~'" c...~ ~:"\ ~,~ \:c....<'\.W..v...\.\, \-c, ~'\c.....'-I e... c.... ( {._'..........~,,-...., ... V'<-\ ~-'c'-'\t '-"Y'\~~\ 'ff "~ ,,''-'\ ~VV'\, ~;/1? __,/;';/,I g/71~~e~ (' /...' ',./ (' 4~' {;-'- ~ ~. .C~, 31 ~q7 ., . CATHY S, DilEONARDO, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION.LAW V, JOHN G. DilEONARDO, DEFENDANT 97.5297 CIVIL TERM OPINION AND INTERIM ORDER OF COURT BAYLEY, J" February 9, 1998:- On September 26, 1997, plaintiff, Cathy S. Dileonardo flied a complaint in divorce against her husband John G. Dileonardo. Under the heading "Equitable Distribution," plaintiff averred: The parties entered Into an agreement on June 25, 1997 (a copy of which Is attached hereto marked Exhibit "A" and Incorporated by reference herein as If [sic] S6t forth at length), which resolved the equitable distribution Issue. WHEREFORE, Plaintiff respectfully requests the Court to enforce the equitable distribution provisions of the June 25, 1997 agreement. The document signed by the panlas in its entirety sets forth the following: (1) The house at 6 Charisma Drive currently titled to John & Cathy will be transferred for .0. consideration to Cathy solely. John will get the mortgage Interest deduction for 2 years. (2) All property & possessions In the house will remain in the house & belong to Cathy solely, (3) An amount of $3,000.00 will be paid monthly by John to Cathy every month, $1,500.00 will be paid on the last day of each month beginning June 1997 and $1,500,00 will be paid on the 15th of each month. (4) All unsecured debts currently in joint or either single name will be assumed by John, He will secure a consolidation loan in his own name & payoff all unsecured debts so Cathy will not be held liable, (5) Cathy will keep her 1989 Sable wagon & John will keep his Thunderbird, (6) Health Insurance will be maintained on the children by John. John also agrees to pay for other medical not covered as braces, eyegl...., . ,,' 'In . . 97-5297 CIVIL TERM The Divorce Code at 23 Pa.C,S, Section 3501 (a)(2) sets forth that the definition of "marital property" does not Include "property excluded by valid agreement of the parties entered Into before, during or after the marriage." Section 3105 of the Code titled "Effect of agreement between parties," provides: (a) Enforcement...A party to an agreement regarding matters within the Jurisdiction of the court under this part, whether or not the agreement has been merged or Incorporated Into the decree, may utilize a remedy or aanctlon aet forth In this part to enforce the IIgreement to the same extent as though the agreement had been an order of the court except as provided to the contrary In tho agreement. (b) Certain provlalona aUbJect to modlflcaUon.-A provision of an agreement regarding child support, visitation or custody shall be subject to modification by the court upon a showing of changed circumstances. (c) Certain provlslona not aubJect to modlflcatlon,-In the absence of a specific provision to the contrary appearing In the agreement, a provision regarding the disposition of existing property rights and Interests between the parties, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. (Emphasis added,) Husband's argument that the written agreement signed by the parties on June 25, 1997, is unenforceable because wife allegedly breached the provision regarding the custody of their children Is without merit. As set forth In Commonwealth ex rei Velhdeffer v. Velhdeffer, 235 Pa, Super, 447 (1975): It Is well settled that an agreement between the parties as to custody Is not controlling but should be given weight taking Into consideration all the circumstances. , , , A child cannot be made the subject of a contract with the same force and effect as if It were a mere chattel has long been established law, (Citation omitted,) We hold that the custody provision In paragraph 8 of the parties' agreement dated June 25, 1997, is severable as a matter of law, Husband's allegation that wife -3- ,/ ^ . . 97-5297 CIVIL TERM consideration the surrounding circumstances, the situation of the parties, the objects they apparently have In view, and the nature of the subject-matter of the agreement.' The court will adopt an Interpretation that Is most reasonable and probable bearing In mind the objects which the parties Intended to accomplish through the agreement. The Court concluded In Laudlg: The parties' Intent, as expressed In their post-nuptial agreement In this case, Is clear, Husband and wife contractually agreed to dispose of their marital property In a specified manner In the event of Infidelity on wife's part. Although the contract language does not specifically address a divorce proceeding, the Intent to preclude any other equitable distribution becomes clear when the contract Is construed as a whole, Paragraph seven of the agreement specifically provides that should other marital misconduct occur, 'the normal divorce laws and settlement procedures would apply, including the standards setting forth equitable division of marital property, alimony and the like,' In the case sub Judice. husband agreed (1) to transfer the marital residence to his wife without consideration while retaining the mortgage Interest deduction for two years, (2) that all property and possessions in the house belonged to his wife solely, (3) to pay his wife $3,000 each month, (4) to pay all unsecured debts and to secure a consolidation loan In his own name to do so, (5) that his wife would keep one vehicle and he would keep another, (6) to pay all health Insurance for the children together with uncovered medical and related expenses and to pay his wife's health Insurance "until no longer permitted by law or Insurance contract," and (7) to pay all costs and expenses relating to colleges of choice for both children. This was an all encompassing agreement resolving the parties' financial affairs including the C08t of -5- . . 97.5297 CIVIL TERM college educations for their children,' and the disposition of their real and personal property, We are satisfied that the parties' Intent as expressed by the comprehensive terms of their agreement shows that the agreement Is not restricted to the time period before a final decree In divorce, Section 3502(e) of the Divorce Code titled "Powers of the court," provides; If, at Iny time, a party his failed to comply with an order of equitable distribution, as provided for In this chapter or with the terme of In agreement I' entered Into between the partlel, after hearing, the court may, In Iddltlon to Iny other remedy IVlllable under thle part, In order to effect complllnce with It. order: (1) enter judgment; (2) authorize the taking and seizure of the goods and chattels and collection of the rents and profits of the real and personal, tangible and Intangible property of the party; (3) award interest on unpaid Installments; (4) order and direct the transfer or sale of any property required in order to comply with the court's order; (5) require security to Insure future payments In compliance with the court's order; (6) issue attachment proceedings, directed to the sheriff or other proper officer of the county, directing that the person named as having failed to comply with the court order be brought before the court, at such time as the court may direct. If the court finds, after hearing, that the person willfully failed to comply with the court order, It may deem the person In civil contempt of court and, In Its discretion, make an appropriate order, Including, but not limited to, commitment of the person to the county jail for a period not to exceed six months; (7) award counsel fees and costs; (8) attach wages; or (9) find the party in contempt. (Emphasis added,) Having found that the agreement entered Into between the parties on June 25, 1997, Is enforceable, and that defendant has admitted that he Is not In compliance 1, Pelow v. Pelow, 45 Cumberland L,J, 272 (1996), .6. -1.5 . f I "" - "" - I kl llo ... U ~ kl < ~ llo "....... J ,J ~ , " ~ .' " , , - AL~D-or,..7Ct' OF IlT pnnry !OK:oT/inY , 98 NM 23 Plf 1.,: .'0 CUM(;,~ 111,.\';:.1 ,.('UN f'r' 1"~Ni 'I''/\;L \ ~'!;'Ii.i , '. . , ~f~'- ,.h ;r....~~.~~...';""."""'t--. II I I " I . ," 'I " I " ~ - ~ (r:/ ~t? " r. -': .....1__1. ~f;' ~r:: I,) ;~ , '._ I ;.'_~ ... u.. "'l " J, . ~ (,:/':01 .. , , L. M :1_1;'';) N ',',- ,j,.,. ~ LI,1 ~ ,."'''" 12- ..~ "'ifE i:&,:: 'l,Ll , ~ l:Il' f,il , a ;1 " , " , , , , , " " , , ! , " , ", , :, , '\ " 'I (' , , I " " , " , ;'i ;, " "I " , . ~ . ,,' ~ 1 Iq " " 'j . . I: \' " I' 'il I' :J ~ , , I. I,', I'! , ;[1 , Pya510 1997-05297 Cumberland c~ty Prothonotary's Civi se In uir DILEONARD CATHY S (V, ILEON~RDOY JOHN G Office ~ge 1 Reference No..: Filed.,......: 9/26/1997 Calle Type.....: COMPLAINT - DIVORCE Time.........: 15:53 Judgment. .....: .00 Execution Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Sat/Dis/Gntd.. 0/00/0000 Jur~ Trial.. . . Hi~ er Court 1 Hi er Court 2 ....................................................... ........................ General Index Attorney Info DILEONARDO CATHY S PLAINTIFF CONLEY CINDY S 6 CHARISMA DRIVE CAMP HILL PA 17011 DILEONARDO JOHN G DEFENDANT MEILTON SANDRA L 3101 GREEN STREET HARRISBURG PA 17011 ................................................................................ . Date Entries · ................................................................................ 09/26/97 COMPLAINT - DIVORCE - 3 ADDL COUNTS - EQUITABLE DISTRIBUTION - ALIMONY ALIMONY PENDENTE LITE - COUNSEL FEES EXPENSES & COSTS OF SUIT 09/26/97 PETITION TO ENFORCE SETTL6MENT AGREEMENT EXECUTED JUNE 25 1997 10/03/97 ORDER OF COURT - DATED 10 3/97 - IN RE PETITION TO ENFORCE SETTLEMENT AGREEMENT EXEC TED 6/25/?7 - RULE IS ISSUED AGAINST RESPONDENT RETURNABLE WITHIN 15 DAYS OF SERVICE - BY EDGAR B BAYLEY J - COPIES MAILED 10/3/97 ANSWER TO PETITION TO ENFORCE SETTLE~~NT AGREEMENT ACCEPTANCE OF SERVICE ORDER OF COURT - DATED 12/5/97 - BRIEFING AND ARGUMENT SCHEUDLE IN PARAGRAPH 5 OF THE ORDER 10/3/97 IS VACATED - ARGUMENT 1/26/98 3:30 PM CR 2 - BY EDGAR B BAYLEY J - COPIES MAILED 12/8/97 PETITION FOR SPECIAL RELIeF PURSUAN'I' TO PA RCP 1920.43 AND 23 PA CSA 3505 ORDER RE: PETITION FOR SPECIAL RELIEF PURSUANT TO PA RCP 1920.43 AND 23 PA CSA SECTION 3505 - DATED 12/22/97 - DEFENDANT/RESPONDENT SHALL NOT ALIENATE REMOVE OR DISPOSE OF HIS INTEREST IN THE TUCKER ARENS BERG PC 401 (K) PLAN UNTIL FURTHER ORDER OF COURT OR AGREEMENT OF THE PARTIES - By GEORGE E HOFFER ,1 - NOTICE MAILED 12/22/97 OPINION AND INTERIM ORDER OF COURT - DATED 219/98 - HEARING 2/18/98 3 PM CR 2 - BY EDGAR B BAYLEY J - COPIES MAILED 2/10/98 ORDER OF SPECIAL RELIEF - - DATED 2/19/98 - BY EDGAR B BAYLEY J - COPIES MAILED 2/20/98 ........**...................................*.............~,.***............... . Escrow Information * . Fees & Debits Bea Ba 1 Pvmts / Ad 1 End Ba1 * ....*.........*.................f.......*~......,............................... 10/21/97 10/23/97 12/05/97 12/17/97 12/22/97 02/ 10/98 02/19/98 35.00 35.00 .08 .50 .50 ,0 5.00 5.00 .00 125.00 125.00 .00 10.08 10.00 .08 30.0 30.00 .0 5.00 5.00 ,00 5.00 5.00 .00 5.00 5.08 . go 5.00 5.0 . 0 ------------------------ ----..------- 225.50 225.50 .00 ......***.................................................*.......*.*..*....*.~. · End of CaBe Information * ................................................................................ DIVORCE TAX ON CMPLT SETTLEMENT MASTER'S FEE DI..., PA SURCHG ADn 'L COUNTS JCI' FEE JCP FEE JCP FEE JCP FEE r'll ) " i" , , " ,;1 " r " '" ,H I"~ , " , ,', " ," 'I , , 'I, 1 ' ,,' 'ii' 1 1\ I , t' , , , ;il" " " 'I', , , 'I, ],,11 , , . , , ,'1 " " , , 'I, ~ , , , , " , , , , , , " , , i' , ,I " I~ , , ~. J'J" ,'. ," I ,~, " " i ,I' '..J, , " "II ,', " , , f." 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J PLAINTIFF'S EX Isrr ..OIl1lia , . ,~ In the Court or Common Pleas or CUMBERLAND County, Penns)'lvanla DOMESTIC RELATIONS SECTION CATHY S. 01 LEONARDO ) Order Numher 900 S 97 Plaillll(( ) vs, ) PACSES Case Numher 841100003 JOHN Q, 01 LEONARDO ) De(endanl ) Olher Stale ID NUnlher DR 26947 ORDER OF COUR.:[ (i) Final 0 Interim 0 Modined Al"I'D NOW, 23RD DAY OF OCTOBER. 1997 .based upon the Coun's determination that the Payee's monthly net income is $ 403,00 and the Payor's monthly net income is $ 4,485,00 . it is hereby ordered that the Payor pay to the Domestic Relations Section. Court of Common Pleas. TWO THOUSAND ONE HUh~RED FOURTY-SIX DOLLARS AND 41/100 Dollars ($ 2,146,41 ) a month ($ 2,081,25 for current support and $ 65.16 011 arrears) payable 1070,33 SIM as follows: THIS ORDER IS BASED ON THE PROVISIONS STATED IN THE FOLLOW1NG FORM, The effective date of the order is 09/23/97. Arrears set at $ 2,210,01 as of OCTOBER 23, 1997 are due in full IMMEDIATEL Y. Contempt proceedings, credit bureau reponing and laX refund offset certification will not be initiated and judgement will not be entered, as long as payor pays on arrears on each payment date as specified above. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means listed above. For the Support of: CATHY S DI LEONARDO SPOUSAL CHRISTEN M, DI LEONARDO CHILD REBECCA A, DE LEONARDO CHILD JOHN G, DI LEONARDO COURT COSTS JOHN Q, OI LEONARDO SERVICE FEEES JOHN G, DI LEONARDO COURT COSTS $ $ $ $ $ ~ 210,00 134,50 134 ,50 5,00 26,00 15,00 Sav ke Type M Forni OE.,~ 18 Worker 10 21101 . DI LEOAARDO y. 01 LEONAJUlO PACSES Case Number, 841100003 Said money to be turned over by the Domestic Relations Section to: CATHY S, 01 LEONARDO . Payments must be made by JOHN G, 01 LEONARDO . All checks and money orders must be made payable to: DOMESTIC RELATIONS SECTION and mailed to: DOMESTIC RELATIONS OPFICE at: P,O, BOX 320, CARLISLE. PA 17013 Each payment must bear your PACSES Member Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses are to be paid 90 % by defendant and 10 % by plaintiff. ~ Defendant 0 Plaintiff ONeither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order. the ~ Plaintiff o Defendant shall submit 10 the person having custody of the child(ren) written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist. at a minimum. of: 1) the name of the health care coverage provider(s); 2) :ony applicable identification numbers: 3) any cards evidencing coverage; 4) the address to which claims should be made: 5) a description of any restrictions on usage. such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. IMPORTA:'\T LEGAL NOTICE PARTIES MUST WITHIN SEVE:--I DAYS INFOR~1 THE DOMESTIC RELATIONS SECTlO:--l AND THE OTHER PARTIES, IN WRITING. OF Al"Y ~fATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER. INCLUDING. BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT, A PARTY WHO WILLFUllY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT. AND MA Y BE FINED OR IMPRISONED, Service T)'pe M P.ge 2 of 3 Form OE-518 Worker ID 21101 . . r.\I'I~Of' '"' wu nfrAl'lfWIlI' 110nrl COtM',u,. . t~.~,~..." 23S-4'~'~'-'~~' '" TH" ~;~ IUSI,' '~ 1: ~~ ;':'~~1 08/30/'17 CATHY S DilEONARDO 6 CHARISMA DR CAMP Hill PA 17011-1004 ,..,111,,,111......11..,1,,..1111,,,11,..,,..111,,,,1,,,1,1111 PO flOlI '4171 CLlVUANO OH 44101-4172 14002354542'12000203860000250000006500 'I A 'It... 1I.llth he"1 ."'lIIltlu,,", lhe' 1.11'1)1' po".on _Ih rOIl C'lPd 1)1 mO""t 0'1)", ~hank VOU,,~.~~,~~~=~,~t,~::~S. '" JUL 16 007-0680 028 350 BETTER NECKWEAR 62.4'1 7321 MENS G. BEENE DRESS SHIRTS JUL 30 084-0206 028 453 CHAPS COLLECTIONS 36.'1'1 7 S7' MENS UNDERWEAR ........... 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OI LBONARDO ) 012.. ~~I"'il D~ren~ant ) Othtr Statt ID NUIllbt:r Complaint for Support 1. Plaintiff resides at 6 CHARISMA DRIVE. CAMP HILL. PA, 17011 CUMBERLAND County, Plaintiffs Social Security Number is 191-46-5316 and date of birth is 01/05/56 2. Defendant resides at 3101 GRBRN STREBT. HARRISBURG. PA, 17110 .~ County. Defendant's Social Security Number is 179-42-4036 and date of birth is 02/27/54 3. (a) Plaintiff and Defendanl were married on MAY 19. 1984 al BRIB COUNTY. PA (b) Plaintiff and Defendant were separated on JUNE 30. 1997 (c) Plaintiff and Defendant were divorced on at 4, Plaintiff and Defendant are the parents of the following children: ~ Binh Date W Born of the Marrial1e Y - Xi, N - I'M ig II lXlJl:'" ..... ~rn- c.n ~~ .:-::'0' zoo 0 -::a""" _......." VI or-a ... c:..... ... ~g.L =- ~= ~ CHRISTBN M, OI LBONARDO Residence: with plnt 11/11/86 lQ. RBBBCCA A. DB LBONARDO Residence: with plnt 10105/88 ..J!. Servi~t Type: M FllrIllIN.OO~ Wmktr 10 21501 . -- CATHY S. DiLEONARDO, I IN THE COURT OF COMMON PLEAS OF Plaintitt I CUMBERLAND COUNTY, PENNSYLVANIA I V. I CIVIL ACTION - LAW I JOHN G. DiLEONARDO, Defendant NO. 97-5297 CIVIL TERM IN REI TRANS~RIPT OF PROCEEDINGS proceedings held before the HONORABLE EDGAR B. BAYLEY, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on February 18, 1998, commencing at 3111 p.m. in Courtroom Number Two. APPEARANCES: CINDY S. CONLEY, Esquire For the Plaintiff JOHN G. DiLEONARDO, Esquire Defendant 51 -- 1"""'1 INDEX TO EXHIBITS FOR THE PLAINTIFF MARKED ADMITTED 1. Agreement 6 25 2. support Exhibit 9 11 3. Debt Exhibit 12 12 4. Paycheck stub 16 25 " 3 /'0 ...... /"""', 1 February 1B, 199B, 3:11 p.m. 2 Carlisle, Pennsylvania 3 4 (Whereupon, the to11owing proceedings 5 were held:) 6 THE COURT: Ready to proceed? 7 MS. CONLE~: Yes, Your Honor. However, I do B have a preliminary matter that I would like to bring to the 9 Court's attention. 10 THE COURT: okay. 11 MS. CONLE~: That is, Your Honor, I had 12 served upon Mr. DiLeonardo notice to produce requesting 13 various financial records from him for the purposes of this 14 hearing, I would like to pass a copy of that to you, as well 15 as a letter I received from Hr. DiLeonardo on this date 16 indicating that he objected to the production of these 17 documents. 1B 'fHE COURT: All right. 19 MR. DiLEONARDO: Judge Bayley, your copy ot 20 the objection is here. 21 THE COURT: What records were you seeking? 22 MS. CONLE~: Financial records, ~our Honor, 23 both personal accounts and accounts through his law 24 practice, which I believe are relevant to today's 25 proceedings as we're attempting to entorce a marital 4 ~I ..... ,......, 1 settlement agreement. 2 THE COURT: Do you think they are necessary 3 for me to be able to fashion an order? 4 MS. CONLEY: Yes, I do, Your Honor. 5 THE COURT: Let's then argue this out off the 6 record because that is argument. 7 (Whereupon, argument was held off 8 the record.) 9 THE COURT: Do you wish to put on any 10 testimony in regards to tho matter in which you believe this 11 order should be enforced, or do you want to just simply 12 argue that point? 13 MS. CONLEY: Well, I did have testimony 14 plunned, Your Honor. 15 THE COURT: I will take test.imqny. The 16 reason we are here is it says hearing in the rule, and 17 therefore I have got a hearing. It you want to place on 18 testimony, I will take it. Proceed. 19 MS. CONLEY: Thank you, Your Honor. Call my 20 client, Cathy DiLeonardo. 21 Whereupon, 22 CATHY S. DiLEONARDO, 23 having been duly sworn, testified as follows: 24 25 5 1J.2 ,..... {I"""\ 1 DIRECT EXAMINATION 2 BY MS. CONLEY: 3 Q Please state your name and address for the 4 record. 5 A Cathy DiLeonardo, 6 Charisma Drive, Camp 6 Hill, Pennsylvania. 7 (Whereupon, Plaintiff's Exhibit No. 1 8 was marked for identification.) 9 BY MS. CONLEY: 10 Q Cathy, I'm hand.i.ng you what's been marked as 11 Plaintiff's Exhibit No.1. Can you identify that, please? 12 A This is the agreement that John and I entered 13 into in July. 14 Q Pursuant to paragraph one of that agreement, 15 Mr. DiLeonardo is to transfer the house to you, correct? 16 A That's correct. 17 Q Has he done that? 18 A No, he has not. 19 Q Would you request that the Court direct him 20 to do so immediately? 21 A Yes. 22 Q Now, pursuant to paragraph three of the 23 agreement, he's to pay you $3,000.00 per month, correct? 24 A Correct. 25 Q Has he been doing that? 6 jp3 ~ r, 1 A NO, he has not. :I Q When was the last time you received a payment 3 from him pursuant to this agreement? 4 A September 15th I received a payment for 5 $1500.00. 6 Q And how much -- okay, 1500. Then after that 7 he didn't pay anything more under that portion of the 8 agreement? 9 10 11 12 13 14 15 BY MS. CONLEY: 16 Q Did you thereafter file for support? 17 A Yes, I did. 18 MR. DiLEONARDO: Your Honor, at this point I 19 would object to anything on the support proceedings. 20 THE COURT: Why? 21 MR. DiLEONARDO: Because, Your Honor, the 22 court proceedings, the existence of them, should have 23 vitiated or should have removed jurisdiction from this Court 24 to enter the final order it is proposing. I understand that 25 Your Honor disagrees with me on that. I don't want to argue A No, he did not. Q Did you -- THE COURT: When did you get that? THE WITNESS: september 15th. THE COURT: September 15th? THE WITNESS: Yes. 7 ~4 "..... I"~, 1 about it. 2 THE COURT: But I might well agree with you 3 that anything be paid toward the support should be offset 4 against the 3,000. I am wondering why you are objecting. 5 MR. DiLEONARDO: Your Honor, I would 6 stipulate to the records of the Domestic Relations Office to 7 the extent that you need to determine that, and I would, of 8 course, request that. But that is a judicial record that's 9 not necessary to receive testimony from a private party 10 11 tigant. 11 THE COURT: If it can be stipulated to, I 12 will take it. If it cannot, then I have got to do it. 13 Maybe you can stipulate. 00 you want to see whether you can 14 stipulate? 15 MS. CONLEY: stipulate to the entry of this? 16 THE COURT: As to the support order and how 17 much has been paid on it over what period of time. 18 MS. CONLEY: Sure. 19 THE COURT: If you can stipulate to it, I 20 will take it. If you cannot, I will take the evidence from 21 this witness. Just everybody stay where they are. I will 22 walk off and let my 23 MR. DiLEONARDO: Your Honor, if we can just 24 go off the record for a second. 25 THE COURT: Okay. Go off the record 8 /,..5 ~ ,.... 1 (Whereupon, a briet discussion tlaB 2 held ott the record.) 3 THE COURT: You are marking an exhibit? 4 MS. CONLEY: Correct, Your Honor. S THE COURT: And you are representing to me it 6 is what? 7 MS. CONLEY: It's based on two things 8 basically, the agreement which directed him to pay $3,000.00 9 a month. So it just includes a little summary of what he 10 owes pursuant to that agreement. Then the second category 11 is the amount owed per the order ot court, per the support 12 court. 13 THE COURT: And it tells me what the order is 14 and what has been paid? 15 MS. CONLEY: It tells you what it was, what 16 it is, what was due through February of '98, and then I just 17 subtracted the difference because I agree with you, Your 18 Honor, that anything that is payable on support oftsets his 19 $3,000.00 per month obligation. 20 THE COURT: And mark that as Exhibit No.2. 21 (Whereupon, Plaintiff's Exhibit No. 2 22 was marked tor identification.) 23 THE COURT: Do you stipulate that at least 24 the tigures on the document are correct and how they should 25 be calculated regarding this is not part at the stipulation? 9 tt --- r, 1 MR. DiLEONARDO: Right. If I understand it, 2 Your Honor, everything else on the back page is records of 3 Domestic Relations, everything but the front page, correct. 4 MS. CONLEY: Correct. 5 MR. DiLEONARDO: And the front page is your 6 summary, mathematical arithmetic summary, of those orders 7 and of the agreement, the agreement of the first part and 8 the order of the second part. It doesn't seek to offset one 9 against the other. It just sets them forth as they would be 10 if you added them up from day one. 11 MS. CONLEY: It shows actually what the 12 offset would be. 13 MR. DiLEONARDO: Okay. Very good. That's 14 the last line that shows the offset? 15 MS. CONLEY: Correct. 16 MR. DiLEONARDO: But these are just the 17 arithmetic calculations? 18 MS. CONLEY: Correct. 19 MR. DiLEONARDO: This next one is the offset? 20 MS. CONLEY: That's the difference between 21 what you owed. 22 MR. DiLEONARDO: Right. Then the last one is 23 YClur summary of what the rest of these documents show? 24 MS. CONLEY: Correct. 25 MR. DiLEONARDO: I have no objection. 10 "7 ~ ,..., 1 2 3 4 5 6 ~HE COURT: No additional testimony? 7 MS. CONLEY: No. I will just sum it up when 8 we get to the end. Would you like a copy -- 9 THE COllRT: I have one question for you. No, 10 I will do it later. I have one question for you. You say 11 you received $1500.00 on September 15? 12 THE WITNESS: Yes, sir. 13 THE COURT: Did you re,ceive the $3,000.00 per 14 month under the terms of the agreement before that? 15 THE WITNESS: Yes. 16 THE COURT: I am going to make a note of 17 that. 18 THE WITNESS: It was payab10 twice a month, 19 so it was 1500 two times a month. 20 MS. CONLEY: Are you ready, Your Honor? 21 THE COURT: Yes. Go ahead. 22 BY MS. CONLEY: 23 Q Now, Cathy, pursuant to paragraph four of 24 that agreement, Mr. DiLeonardo is to pay all of the 25 unsecured marital debt, is that correct? THE COURT: So stipulated and Exhibit No. 2 is a~mit.ted in the record. I will let you sum this up afterwards. I do not have to get the figures in now. MS. CONLEY: Thank you, Your Honor. Then I won' t request any testimony from Mrs. DiLeonardo. 11 ~8 """ ~, 1 A That's correct. 2 Q How was he to do that? 3 A He was to secure a loan in his own name so 4 that my name wouldn't be associated with the debt anymore 5 and pay them off. 6 Q Has Mr. DiLeonardo done that? 7 A No, he has not. 8 (Whereupon, Plaintiff's Exhibit No.3 9 was marked for identification.) 10 BY MS. CONLEY: 11 Q Cathy, I'm showing you 12 MR. DiLEONARDO: No objection, Your Honor. 13 We'll stipulate to Exhibit 3. 14 BY MS. CONLEY: 15 Q What's been marked as Exhibit No.3, can you 16 tell me what that exhibit evidence is? 17 A This is a list of current debts and balance 18 amounts as of August of 1997. 19 Q Were these the debts that Mr. DiLeonardo was 20 to pay after separation? 21 A Yes. 22 THE COURT: Exhibit 3 is admitted. 23 BY MS. CONLEY: 24 Q Now, have these debts been reduced since 25 August of 1997? 12 ~ 1""", 1 A No. I think, as a matter of fact, they might 2 be higher. 3 Q Why are they higher? 4 A They are higher because I can't afford to 5 make payments on them, and the interest and whatever 6 penalties they assign when you don't pay them have accrued 7 on this since this time so they are much higher. 8 Q Have you made any charges on any of these 9 accounts? 10 A No, I have not. As a matter of fact, I 11 cancelled all of the cards. 12 Q Have you made any payments towards these 13 debts? 14 A I started making less than the minimum 15 payments, whatever I could pay, because this is reflecting 16 on my credit rating at this point because he hasn't paid 17 them off or made any arrangements to pay them. I had to do 18 something, and I paid $10.00 a month on most of them. 19 Q In addition to the Court directing Mr. 20 DiLeonardo to pay these debts in full, would you like to be 21 reimbursed for any payments that you've made since 22 separation? 23 A Yes. 24 Q Under the agreement, Mr. DiLeonardo is to 25 transfer the 1989 -- 13 fa "-' ,.- 1 THE COURT: Let me go back a moment. Do you 2 know what that is, how much that is? 3 THE WITNESS: No, I'm sorry, I don't. 4 THE COURT: Are we talking a few hundred 5 bucks with this $10.00 a month? 6 THE WITNESS: Yes. 7 THE COURT: Go ahead. 8 MS. CONLEY: Thank you. 9 BY MS. CONLEY: 10 Q Has Mr. DiLeonardo transferred the 1989 Sable 11 to you? 12 A No, he has not. 13 Q Why not? 14 A Mr. DiLeonardo was going to get the Sable 15 title. Apparently it's been lost or we couldn't locate it, 16 and he was going to expedite that request through Pat Vance. 17 He did nothing, I guess, to get the title and so it hasn't 18 been transferred. 19 Q Have you taken steps to get the title on your 20 own? 21 A Yes. I'm going down to PennDOT to attempt to 22 get the title. I have to go down there. 23 Q Once you receive that title, would you like 24 the Court to direct Mr. DiLeonardo to execute it? 25 A Yes. 14 ""'" ,...., 1 Q NoW, Cathy, pursuant to paragraph six of the 2 agreement, Mr. DiLeonardo is to maintain health insurance 3 coverage for you and the children. Has he done that? 4 A No, he has not. 5 Q Con you explain? 6 A Pardon me. 7 Q Explain. When did it terminate? 8 A It terminated when he was terminated from his 9 position. At that time I had received a notice. He was 10 supposed to COBRA the insurance and keep the children and I 11 covered. When I received the notice, he simply said that 12 wasn't really a COBRA notice and he was going to take care 13 of it. And, in fact, the insurance had lapsed, and we were 14 without coverage until I secured employment. 15 Q So are the children covered now? 16 A They are covered now because I'm working. 17 Q And are you covered now by health insurance? 18 A Yes. 19 Q And it is through your employment? 20 A Yes, it is. 21 Q And are you paying for that coverage? 22 A Yes, I am. 23 THE COURT: Go back. Terminated, terminated 24 from what? 25 THE WITNESS: John? 15 ~~ ~ 1 THE COURT I Yes. 2 THE WITNESS: He was fired from his job. 3 THE COURT: Where? 4 THE WITNESS: At Tucker Arensberg. It was a 5 law firm. 6 THE COURT: Tucker Arensberg? 7 THE WITNESS: Yes. It was a Pittsburgh based 8 law firm. 9 (Whereupon, Plaintiff's Exhibit No. 4 10 was marked for identification.) 11 BY MS. CONLEY: 12 Q Cathy, I'm showing you what's been marked as 13 Plaintiff's Exhibit No.4. Can you identify that for me, 14 please? 15 A I'm sorry, I didn't hear you. 16 Q Can you identify that for me, please? 17 A This is a paycheck stub of mine. 18 Q And what is the date of the stub? 19 A January 30th. 20 Q And does that stub indicate the amount that 21 you're paying for health insurance coverage for yourself and 22 your children? 23 A Yes, it does. 24 Q And what is that cost? 25 A I pay $10.33 for the health insurance and 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ""'" ,.... $1.25 for the dental. This is every two weeks. Q So ever.y two weeks you pay 10.33 for health and 1.25 for dental? A That's correct. Q Do you want the Court to direct Mr. DiLeonardo to reimburse you for the cost of this insurance? A Yes. Q Has Mr. DiLeonardo pursuant to paragraph six paid all of the uninsured medical costs of the children as he is to do? A No, he has not. Q What has he not paid? A Specifically, he hasn't paid the orthodontic bills. Our one daughter has been in braces now for a year and a half, and I believe the last payment was in September. So as of that date, the orthodontist hasn't been paid. Q So would you like the Court to direct him to make those payments? A Yes. THE COURT: Do you have an idea what the balance is? THE WITNESS: We were paying something close to $90.00 a month, and so that would be for October, November, December, January, and February to bring it current. 17 71 "" ".... 1 THE COURT: Ho~ long does this orthodontist 2 go, since I've been through this myself? 3 THE WITNESS: I think forever. We have 4 another one who also needs braces. It could be back I 5 think. 6 THE COURT: Okay. 7 BY MS. CONLEY: 8 Q cathy, have you incurred attorney's fees to 9 enforce this agreement? 10 A Yes. 11 MR. DiLEONARDO: Objection, Your Honor, the 12 Court-- 13 THE COURT: sustained. 14 MR. DiLEONARDO: Thank you. 15 THE COURT: That is not part of my order, is 16 it? 17 MS. CONLEY: Well, you are allowed to award 18 attorney's fees, Your Honor, pursuant to section 3502, 19 pursuant to section 3502 of the Divorce Code. 20 THE COURT: wait a minute. This was a suit 21 22 23 24 25 to determine whether he was liable under the agreement. I am not going to deal with attorney's fees at this moment. MS. CONLEY: Okay, Your Honor. THE COURT: So the objection is sustained. MS. CONLEY: Thank you, Your Honor. 18 ~ ,... 1 THE COURT: How old are these kids? college, 2 I take it, isn't in the picture yet? 3 THE WITNESS: Not yet. They are 9 and 11. 4 THE COURT: What are their names? 5 THE WITNESS: Christen is the oldest one, 6 C-h-r-i-s-t-e-n, Christen, and Rebecca is the 9 year old. 7 THE COURT: Give me their birth dates, if you 8 will. 9 THE WITNESS: Christen's birth date is 10 11/11/86. Rebecca was born October 5th, 1988. 11 THE COURT: Okay. Go ahead. Anything 12 further? 13 MS. CONLEY: Yes, Your Honor. 14 BY MS. CONLEY: 15 Q What is your current financial situation, 16 Mrs. DiLeonardo? 17 A Dire. I borrowed in excess 18 MR. DiLEONARDO: Your Honor 19 THE WITNESS: of $20,000.00 from my 20 parents. 21 MR. DiLEONARDO: Objection. 22 THE COURT: sustained. 23 MR. DiLEONARDO: Thank you, Your Honor. 24 THE COURT: I am going to enforce the 25 agreement. If he does not pay it, we will be back here on 19 7t '"" ,;-, 1 contempt. It does not make any difference what her 2 financial state is. I have ruled at least at this point 3 that the agreement is enforceable. 4 MS. CONLEY: It is important for the Court to 5 understand, Your Honor, that also although we have a support 6 order he's not paying on that. 7 THE COURT: Nobody has enough money. I 8 understand that. 9 MS. CONLEY: Thank you. 10 THE COURT: Where do you work? 11 THE WITNESS: I work for Blue Cross and Blue 12 13 14 15 16 17 18 19 20 MR. DiLEONARDO: Thank you, Your Honor. 21 CROSS EXAMINATION 22 BY MR. DiLEONARDO: 23 Q Mrs. DiLeonardo, would you please turn to 24 page two of the agreement which has been marked as Exhibit 25 1. Would you refer to paragraph eight of that agreement. Shield. THE COURT: What do you do for them? THE WITNESS: I'm a correspondent. It's a really entry level position. THE COURT: Okay. THE WITNESS: But it was something. MS. CONLEY: That's all I have, Your Honor. THE COURT: Cross. 20 1{ /'" ,.... 1 You've had an opportunity to review paraqraph eight. Would 2 you please indicate what you have read. 3 MS. CONLEY: Your Honor, I'm going to object. 4 The Court has already determined that custody is not a 5 relevant factor to the enforcement of this agreement. 6 THE COURT: sustained. ., MR. DiLEONARDO: Your Honor, if I may place 8 on the record, what Your Honor has also put on the record is 9 that the agreement is to be considered as an entirety, and 10 in order for Your Honor to fashion an order correctly in 11 enforcement, I think it's important to understand why the 12 order wasn't complied with initially. The questions will be 13 brief, and the questions will be directed to that point 14 even though some of the answers I'm sure I won't like to 15 hear. 16 THE COURT: The objection is sustained. I 17 understand what you are saying. I understand there is a 18 disagreement regarding custody, and hopefully the two of you 19 can work that out or get it squared away. 20 MR. DiLEONARDO: I understand. Your Honor, 21 may I -- well, I'll ask the next question. I'm not trying 22 to be vexatious with the Court's order. I will not refer to 23 the agreement. 24 THE COURT: Go ahead. 25 21 7q ~ r, 1 BY MR. DiLEONARDO: 2 Q Isn't it true, Mrs. DiLeonardo, that in 3 August of 1997, prior to september 15th of 1997, you retused 4 to permit me visitation with the children in accordance with ~ the terms of the order? 6 MS. CONLEY: Objection. 7 THE COURT: The objection 18 sustained. It 8 goes to the same thing as I just ruled on. 9 MR. DiLEONARDO: Thank you. 10 BY MR. DiLEONARDO: 11 Q Did you ever, to the best ot your knowledge, 12 plead or indicate in any ot the other proceedings which you 13 have initiated that thore was all order of -- that there was 14 a settlement agreement, a property agreement and/or a 15 custody agreement, it you know? 16 A I'm not sure I understand what you are 17 asking. 18 Q This agreement which we are here in front of 19 Judge Bayley today to determine what order of enforcement he 20 will tashion, that is Q property or settlement agreement or 21 custody and property agreement. 22 To the best of your knowledge, did you ever 23 plead the exietence ot this agreement, Exhibit 1, in any of 24 the other proceedings which you have filed? Fo~ example, 25 its in your divorce complaint. 22 <{a --- "...., 1 A Well, I know in the support hearing we raised 2 the issue that we had this agreement, and we were not, you 3 know -- we were not going to just agree to the lesser amount 4 on the support order in lieu of this, and I'm really not 5 sure in the custody action 6 MS. CONLEY: Your Honor, I object. I don't 7 see how this is relevant. 8 THE COURT: sustained. 9 MR. DiLEONARDO: Your Honor, on the basis of 10 the answer she just gave, may I ask one question? 11 THE COURT: Go ahead. Follow it up. 12 BY MR. DiLEONARDO: 13 Q I'm going to show you a certified copy of the 14 complaint in support. 15 THE COURT: In this case? 16 MR. DiLEONARDO: No, the complaint in 17 support. She just made mention that she raised it in a 18 support hearing, Your Honor. I'm going to ask her if 19 THE COURT: I see no reason to because she 20 has agreed through counsel that any payments made through 21 the support order must be offset against the 3,000, which is 22 consistent with what I believe would be the law and 23 appropriate. 24 MR. DiLEONARDO: Well, consistent then, Your 25 Honor, with our stipulation may we make a complaint in 23 1/ ~ ,- 1 support part or the reoord in this proceeding along with the 2 other records? 3 MS. CONLEY: I don't uflderatand why it's 4 relevant, Your Honor, so [ don't -- 5 TilE COURT: You can mllke the complaint part 6 of the record. I will accept that. 7 MR. DiLEONARDO: Your Honor, then I'll ask 8 the Court to take jUdicial notice of it, and I'll provide a 9 copy after. 10 THE COURT: Okay. 11 MR. DiLEONARDO: I have no further questions. 12 THE COURT: Any redirect? 13 MS. CONLEY: No. 14 THE COURT: You may stQP down. Any further 15 testimony? 16 MS. CONLEY: That's it, Your Honor. 17 THE COURT: Any testimony from you, sir? 18 MR. DiLEONARDO: Would I understand, Your 19 Honor, the testimony would be ro1ated to how Your Honor :10 should tlIshion an order to enforce the petition? 21 THE COURT: No. I am only going to what the :12 special relief should be at this time. I am not dealing :13 with enforcement becaUMe if the order I enter now is not :14 oomplied with then I will have to deal with enforcement. 25 MR. DiLEONARDO: I understand. Then, Your 24 r1;L .,..,(,r: ,( [t, ,)' ''''1'''' rl'_ ~I)." , ,;_ ,', y. '~\ ""1;_;' ' ....,".- c,\o- " .1""\ (1,';1, ~,\. ,.' l'~\ ,\,' \.J..11' " - ,.... .,. , ~~ - C.- ...? ': E:Jl~ .. :J.~ c;n fJt? ..- I ',l, , ~j~' .;d :~, :.~i' t , , ~. 1""" 0'9 G " }~._~ ...~ ~ <-..J ';1 - ~ p: Q,: ii-ll.D 'l.L..',' t'l- ,n (.1. "", 04 ~;~ ~ U) a lJ\ , , " v .,.\\ \ ' ':, (..I',I! """'Ik t')"~ '" ,'. r \\..' ;' I v\\ ?:. ~'~ l'I's-{ . , " I v " ,'1 '.,