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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PEN NA.
JOHN B.
SCALERA
No.
00-7/17 r:TVTT, TF.RM
VERSUS
TRINIDAD SCALERA
DECREE IN
DIVORCE
"*"' Ibo''' 1 A./A .
AND NOW,
D~d1
2003, IT IS ORDERED AND
DECREED THAT
,TOHN R
, PLAINTIFF,
Sr:AT,F.RA
AND
TRINIDAD SCALERA
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; None
It is further Ordered that the Agreement dated June 3.
2003
is
incorporated
herewith.
herein and made a pa
but shall not merge
reof,
ATTEST:
PROTHONOTARY
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 3rd day of June, 2003, by and between:
JOHN B. SCALERA, JR. of510 Ohio Avenue, Lemoyne, Cumberland County, PA
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17043, hereinafter referred to as "Husband" ~
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TRINIDAD SCALERA of 128 South Second Street, Worm1eysbur~Q
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Cumberland County, P A, 17043, hereinafter referred to as "Wife". ::2
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WHEREAS, Husband and Wife were lawfully married on November 15, 1989 in
Panama City, Panama, and were separated on October 20, 2000; and
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen
between the parties and it is the intention of Husband and Wife to live separate and apart,
and the parties hereto are desirous of settling fully and finally their respective financial
and property rights and obligations as between each other, including, without limitation,
the settling of all matters between them relating to the ownership of real and personal
property, the support, alimony and maintenance of one another, and in general, the
settling of any and all claims and possible claims by one against the otheI or against their
Iespective estates.
AND NOW, THEREFORE, in consideration of these premises, and of the mutual
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promises, covenants and undertakings hereinafter set forth, and for other good and
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valuable consideration, receipt of which is hereby acknowledged by each of the parties
hereto, Husband and Wife each intending to be legally bound hereby, covenant and agree
as follows:
1. SEPARATION. It shall be lawful for Husband and Wife at all times herein-
after to live separate and apart from each other and to reside from time to time at such
place or places as they shall respectively deem fit, free from any control, restraint or
interference, direct or indirect, by each other. Neither party shall molest the other or
compel or endeavor to compel the other to cohabit or dwell with him or heI by any legal
or other proceeding. The foregoing provisions shall not be taken to be an admission on
the part of either Husband or Wife of the lawfulness ofthe causes leading to their living
apart. Husband shall enjoy exclusive possession of the marital home at 510 Ohio
Avenue, LeiUoyne, P A. Wife agrees that she shall no longer enter or attempt to enter the
marital residence without the consent of Husband.
2. INTERFERENCE. Each party shall be free from interference, authority, and
contact by the other, as fully as ifhe or she were single and unmarried except as may be
necessary to carry out the provisions of this Agreement. NeitheI party shall molest the
other or attempt to endeavor to molest the other, nor compel the other to cohabit with the
other, or in any way harass or malign the other, nor in any way interfere with the peace-
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ful existence, separate and apart, from the other.
3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This
Agreement shall not be considered to affect or bar the right of Husband or Wife to a
divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such
defense as may be available to either party. This Agreement is not intended to condone
and shall not be deemed to be a condonation on the part of either party hereto of any act
or acts on the part of the other party which have occasioned the disputes or unhappy
diffeIences which have occurred prior to OI which may occur subsequent to the date
hereof.
4. DIVORCE. The parties acknowledge that Husband has instituted a divorce
action in the Court of Common Pleas of Cumberland County, Pennsylvania, indexed to
No. 00-7217 Civil Term, claiming that the marriage is irretrievably broken under the no
fault mutual consent provision of Section 3301 (c) of the Pennsylvania Divorce Code.
The parties hereby express their agreement that the marriage is irretrievably broken and
each express their intent to execute contemporaneously herewith any and all affidavits or
other documents necessary for the parties to obtain an absolute divorce pursuant to
Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request
Court Ordered counseling under the Divorce Code. Neither party to such action shall ask
for alimony or support contrary to the provisions of this Agreement. It is further
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specifically understood and agreed by the parties that the provisions of this Agreement
relating to equitable distribution of property of the parties are accepted by each party as a
final settlement for all purposes whatsoever, as contemplated by the Pennsylvania
Divorce Code.
Should a Decree, Judgment or Order of separation or divorce be obtained by
either of the parties in this or any other state, country or jurisdiction, each of the parties
hereby consents and agrees that this Agreement and all of its covenants shall not be
affected in any way by any such separation or divorce; and that nothing in any such
Decree, Judgment, Order or further modification or revision thereof shall alter, amend or
vary any term of this Agreement, whether or not either or both of the parties shall
remarry, it being understood by and between the parties hereto that this Agreement shall
survive and shall not be merged into any Decree, Judgment or Order of Divorce or
separation. Notwithstanding the provisions of the Pennsylvania Divorce Code or of any
law to the contrary, all of the terms and provisions of this Agreement shall not be subject
to modification by the Court or in any fashion other than as set forth hereinafter. It is
specifically agreed, however, that this Agreement shall be subject to enforcement under
the provisions of the Pennsylvania Divorce Code or, in the alternative, by a suit against
the alleged breaching party either in law or equity, at the election ofthe aggrieved party.
5. EFFECTIVE DATE. The effective date ofthis Agreement shall be the "date
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of execution" or "execution date", defmed as the date upon which it is executed by the
parties if they have each executed this Agreement on the same date. Otherwise, the "date
of execution" or "execution date" of this Agreement shall be defmed as the date of
execution by the party last executing this Agreement.
6. DISTRIBUTION DATE. The transfer of the property, funds and/or
documents provided for herein, shall only take place on the "distribution" date which
shall be defined as the date of execution of this Agreement unless otherwise specified
herein. However, the support and/or alimony payments, if any, provided for in this
Agreement shall take effect as set forth in this Agreement.
7. DEBTS AND OBLIGATIONS. Husband represents and warrants to Wife
that he will not contract or incur any debt or liability for which Wife or her estate might
be responsible and shall indemnify and save Wife harmless from any and all claims or
demands made against her by reason of debts or obligations incurred by him.
Wife represents and warrants to Husband that she will not contract
or incur any debt or liability fOI which Husband or his estate might be responsible and
shall indemnify and save Husband harmless froth any and all claims or demands made
against him by reason of debts or obligations incurred by her.
8. MUTUAL RELEASE. Husband and Wife do hereby mutually Iemise,
release, quit-claim and forever discharge the other and the estate of such other, for all
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time to come, and for all purposes whatsoever, from any and all rights, title and interest,
or claims in or against the estate of such other, of whatever nature and wherever situate,
which he or she now has or any time hereafter may have against such other, the estate of
such other or any part thereof, whether arising out of any former acts, contracts, engage-
ments, or liabilities of such other or by way of dower or curtesy, of claims in the nature
of dower or curtesy, or widow's or widower's rights, family exemption or similar
allowance or under the intestate laws; or the right to take against the spouse's will; or the
right to treat a lifetime conveyance by the other as testamentary or aill other rights of a
surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of Pennsylvania, any state, commonwealth or territory of the United States, or any
other country; or any rights which either party may now have or at any time hereafter
have for past, present or futuIe support or maintenance, alimony, alimony pendente lite,
counsel fees, costs and/or expenses, whetheI arising as a result ofthe marital relation or
otherwise, except and only except all rights and agreements and obligations of what so-
ever nature arising or which may arise under this Agreement or for the breach of any
provisions thereof. It is the intention of Husband and Wife to give to each other by the
execution of this Agreement a full, complete and general release with respect to any and
all property of any kind and/or nature, real, personal or mixed, which the other now owns
or may hereafter acquire, except, and only except, all rights and agreements and obliga-
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tions of whatsoever nature arising or which may arise under this Agreement or for the
breach of any provision thereof.
9. ADVICE OF COUNSEL. The provisions of this Agreement and there legal
effect have been fully explained to Husband by his counsel, Francis A. Zulli, Esquire.
The provisions ofthis Agreement and there legal effect have been fully explained to
Wife by her counsel, Gregory S. Hazlett, Esquire. Each party acknowledges that he or
she has had the opportunity to receive independent legal counsel of his or her selection,
and that each fully understands the facts and has been fully informed as to his or her legal
rights and obligations, and each party acknowledges and accepts that this Agreement is,
in the circumstances, fair and equitable, and that it is being entered into freely and
voluntarily, and that execution of this Agreement is not the result of any duress or undue
influence, and that it is not the result of any improper or illegal agreement or agreements.
In addition, each party hereto hereby acknowledges that he or she has been fully advised
of the impact of the Pennsylvania Divorce Code of 1980, Pa. C.S.A. Section 3101 et
seq., whereby the Court has the authority and duty to determine all marital rights of the
parties including divorce, alimony, alimony pendente lite, equitable distribution of all
marital property or property owned or possessed individually by the otheI, counsel fees
and costs of litigation and, fully knowing the same, and being fully advised ofms or her
rights thereunder, each party hereto still desires to execute this Agreement
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acknowledging that the terms and conditions set forth herein are fair, just and equitable
to each of the parties and waives his or her respective right to have the Court of Cornmon
Pleas of Cumberland County, or any other Court of competent jurisdiction, make any
determination or order affecting the respective parties' rights to a divorce, alimony,
alimony pendente lite, equitable distribution of all marital property, counsel fees and
costs of litigation, or any other right arising from the parties' marriage.
10. WAIVERS OF CLAIMS AGAINST ESTATE. Except as herein otherwise
provided, each party may dispose of his or her property in any way" and each party
hereby waives and relinquishes any and all rights he or she may now have OI hereafter
acquire, 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, including without limitation,
dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right
to take against the will of the other, and rightto act as administrator or executor of the
other's estate, and each will, at the request of the other, execute, acknowledge and
deliver any and all instruments which may be necessary or advisable to carry into effect
this mutual waiver and relinquishment of all such interest, rights and claims.
11. EOUITABLE DISTRIBUTION OF MARITAL PROPERTY. The
parties have attempted to distribute their marital property in a manner which conforms to
the criteria set forth in Section 3502 of the Pennsylvania Divorce Code, and taking into
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account the following considerations: The length of the marriage, the age, health, station,
amount and sources of income; vocational skills, and employability; estate, liabilities and
needs of each of the parties; the contribution of each party to the education, training OI
increased earning power of the other party; the opportunity of each party for future
acquisitions of capital assets and income; the sources of income of both parties, including
but not limited to medical, retirement, insurance OI other benefits; the contribution or
dissipation of each party in the acquisition, preservation, depreciation, or appreciation of
the marital property, including the contribution of each spouse as a homemaker; the value
of the property set apart to each party; the standard ofliving of the parties established
during the marriage; and the economic circumstances of each party at the time the
division of property is to become effective.
The division of existing marital property is not intended by the
parties to constitute in any way a sale or exchange of assets. The division of property
under this Agreement shall be in full satisfaction of all marital rights of the parties.
12. ENTRY AS PART OF THE DECREE. It is the intention of the parties that
this Agreement shall survive any action for divorce which may be instituted or
prosecuted by either party, and no Order, Judgment or Decree of Divorce, temporary,
interlocutory, final or permanent shall affect or modify the financial terms of this
Agreement. This Agreement shall be embodied in and made part of any such Judgment
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or Decree of final divorce.
13. FINANCIAL DISCLOSURE. The parties confirm that they have relied on
the completeness and substantial accuracy of the financial disclosure of the other as an
inducement to the execution of this Agreement. The parties acknowledge that there
has been no formal discovery conducted in their pending divorce. Each party has
filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania
Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a
claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any
interest owned by the other party in an asset of any nature at any time prior to the date of
execution of this Agreement that was not disclosed to the other party or his or her
counsel prior to the date 9f the within Agreement is expressly reserved. In the event that
either party, at any time hereafter, discovers such undisclosed assets, the party shall have
the right to petition the Court of Common Pleas of Cumberland County to make
equitable distribution of said asset.
The non-disclosing party shall be responsible for payment of
counsel fees, costs and expenses incurred by the other party in seeking equitable distribu-
tion of said asset.
Notwithstanding the foregoing, the Agreement shall in all
other respects remain in full force and effect.
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14. LISTING OF ASSETS AND LIABILITIES OF THE PARTIES, Husband
and Wife agree that the following list of assets constitute the marital assets subject to
equitable distribution set forth in this Agreement.
A. Real estate located at 510 Ohio Avenue, Lemoyne, Cumberland County, P A
valued at $176,300 as per appraisal of Robert Ensminger.
B. Vacant land consisting of approximately 10 acres located in Mayville,
Michigan having an estimated value of approximately $30,000.
C. 50 shares of AOL Stock having a value of approximately $1,276.00.
D. Allfrrst Bank checking account #00820-7415-1 having a date of separation
balance of approximately $6,198.54.
E. Allfrrst Bank savings account #8-000-000-2027136 having a date of separation
balance of approximately $243.16.
F. Toyota Mini Van having a value of$I,100.00.
G. Household furniture and furnishings having an appraised value of $18,595 as
of the date of separation and as appraised by Robert Ensminger.
H. Wife's 401K investment having a date of separation value of$3,914.
15. LIABILITIES OF THE PARTIES AT THE TIME OF SEPARATION,
A. Wells Fargo Mortgage Company. Mortgage on residence having a current
payoff of$165,645.41.
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B. Magic Window Company, $7,000.
16. REAL ESTATE, Husband and Wife own property at 510 Ohio Avenue,
Lemoyne, Cumberland County, P A, the marital residence. The real estate is titled in
Husband's name only. At or about the time of separation, said property was encumbered
by mortgage held by Wells Fargo Mortgage Company having a current balance of
approximately $165,645.41. At the time of separation the parties owed a bill for the
installation of windows to Magic Window Company in the amount of$7,000. The
mortgage and Magic Window Company bill are in Husband's name only. Husband
wishes and desiIes to maintain said real estate. Wife agrees to convey all her right, title
and interest in this real estate to Husband upon the condition that Husband provides
proof that the mortgage held by Wells Fargo Mortgage Company is solely in Husband's
name. Husband agrees to assume responsibility for the payment of the mortgage.
Husband already satisfied in full the Magic Window Company obligation. Husband
hereby agrees to indemnify and hold Wife harmless from any and all liability as a result
of ownership of the real estate including non-payment of the mortgage, taxes, insurance,
assessments or any other obligation associated with the real estate.
17. PERSONAL AND HOUSEHOLD PROPERTY, The parties acknowledge
and agree that they have each had an opportunity to value or have appraised any and all
personal and household marital property. The appraisal was performed by Robert
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Ensminger and a copy ofthe appraisal was provided to both parties indicating a total
value of personal and household property in the amount of$18,595 at the time of the
separation. The parties acknowledge and agree that Wife has retained the majority of the
household furniture and furnishings totaling the sum of $13,620 of the appraised value,
while Husband has retained various items of the household furniture and furnishings
totaling a value of $4,975 of the total appraised value. Wife agrees to return the
following items of personal property to Husband within seven (7) days after the
execution of this Agreement. The items are as follows:
1. Marble figurine (not found)
2. His wedding ring (delivered)
3. Necklace/medallion (not found)
4. Black china decorative plates (delivered)
5. Dishes left to him by his mother (delivered)
6. Model cars (delivered)
7. PewteI vase and pewter flowers (not found)
Husband agrees that all assets in the possession of Wife, except for those items
noted above, shall be the sole and separate property of Wife; and, Wife agrees that all
assets in the possession ofHuspand shall be the sole and separate property of Husband.
Each of the parties do hereby specifically waive, release, renounce and forever abandon
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whatever claims, if any, he or she may have with respect to any of the personal property
furniture and furnishings which are the sole and separate property of the other.
18. MOTOR VEIDCLES. At the time of the separation, Husband owned a 1989
Toyota Mini Van which was used by Wife until November 2001 when it was returned to
Husband. Husband and Wife agree that the present value of this van is approximately
$1,100. Husband shall retain sole possession and ownership of this motor vehicle. Parties
further acknowledge that there is no outstanding encumbrance loan or lien against this
vehicle. Wife waives all of her right, title and interest in and to the 1989 Toyota Mini
Van.
19. RETIREMENT BENEFITS. At the time of the separation, Wife was the
owner of a 401K Fidelity Investment employee benefit through her employer, Merck-
Medco Services in an amount of$3,914. Husband and Wife agree that Wife will retain
her 401K. Husband waives all right, title and interest in and to Wife's 401K.
20. BANK ACCOUNTS. Husband and Wife agree that Wife shall retain all
proceeds from the Allfrrst Bank checking account #00820-7415-1 and Allfirst B auk
savings account #8-000-000-2027136. The accounts were previously closed by Wife in .
October and November of the year 2000.
21. VACANT REAL ESTATE - MAYVILLE. MICIDGAN, Husband and
Wife acknowledge that they are the owners of approximately 10 acres of land located in
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Mayville, Michigan. The parties agree to make a good faith effort to sell this property for
the sum of $30,000. The parties agree to immediately upon the signing of this
Agreement, execute a listing contract with a realtor in the Mayville, Michigan area and to
proceed as diligently as possible to sell this property for a fair and reasonable sum as to
be determined by the parties. Each party will cooperate with the sale ofthis property and
will not unreasonably seek an unrealistic sales price for this property. Upon the sale of
the property, Wife shall pay to Husband the first $2,000 of net proceeds from the sale
of this property and the balance remaining thereafter shall be equally divided
between Husband and Wife. Husband and Wife agree that they shall share equally the
real estate commission and other related expenses incurred in the sale of this property.
The parties acknowledge that ,on or about August 9, 2002 the vacant land
was sold and the proceeds resulting from such sale were divided between the parties
in accordance with the terms ofthis paragraph.
22. AOL STOCK. Husband and Wife agree that Husband shall retain the 50
shares of AOL Stock having a current value of approximately $1,276.
23. MILITARY RETIREMENT, Husband is currently on active duty with the
United States Navy having entered the service on or about June 3, 1985. Husband and
Wife acknowledge that there is no vesting in the military retirement until the military
retiree attains the retirement service length of at least 20 years. Husband is currently of
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lhe mtk ofE6 having a monthlymilita!y pay ofappl'Oltimately $2,191 as of the< mOl11h of
8Gparatioll. (October 2000). In the CfII'Il'I'It HWlband retire$ wm the United States military
011. or afI:er1.O years of slmille, Wife will receive II portion of Husband's monllity military
retil'CtlWlt pay in the amount of 5325.00 per month.1D the eveDt II pOrtlOD of
HlIsbllDd's militaryret:irelMnt pay Js IllUtibutlld to medical dlsllblHty,llllch
delllllllltioc sbaillllot redUll1I the montl11y paYDWlt (5325..00) to Wife.
in the CfII'eut that Husband does not retire from the military through no faull efms own,
Wife waivell all claims to any ponaioo, retirill!llmt fund or employee benefit of Husband.
If Husband ~olumm1y ilevm his militaJ)' seMce prior to 20 years of service and
receives no military retirement benefits, then the parties agree that the Court ofCommou
Pl. of Cumberland County shall retain jurisdiction to determine if Wife is entitled to
weei've uy additional amount of alimony as a result ofHUflbud's voluntal'y severance of
his military service prior to 20 yeafS of service,
Wife shall Dot be entitled to the benefits of the sl.l1'Vivor' sbenetit plan of
HllSbmi's tIliliW'y retirement. HUflbend &ball not be required to elect survivor's benefit
plan btmefitJI for Wife. Bach plll'ty shall be responsible for the payment of any income
taxa attributable to their :n.IlIpllctive pension benefits.
The parties shall stipulate to the entry of a qualified domestic ~lat:iOJlll order (or
QDRO). The pw.ties agree to engage Hatty M, wtef,lr. of Conrad M. Siegel, Inc. to
draft 1l:&o QDRO. HIliS~ and Wifo ag.me to cooperate fully with Harry M, Leister, Jr.
regarding the prepamion of the QDRO, The parties agtee to provide Mr. Leismr with
my information needed to complete the QDRO and the pertJ,es agree to c1tecute tbe
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completed QDRO after review and approval of the QDRO by the parties respective
counsel.
24. ALIMONY PENDENTE LITE. Wife is currently the recipient of Alimony
Pendente Lite in the amount of $350.00 per month through the Domestic Relations
Section of the Court of Connnon Pleas of Cumberland County indexed to number 00-
7217 Civil Term, DR No. 30616, PACSES ID No. 640103401 as set forth in an Order of
the Court of Connnon Pleas of Cumberland County entered January 7, 2002. The parties
agree that this Order of Alimony Pendente Lite shall be tenninated upon and effective as
of the date of this Agreement.
25. ALIMONY, Husband agrees to pay to Wife alimony at the rate of$350.00
per month each and every month connnencing with the month following the termination
of the alimony pendente lite order as set forth in paragraph 24 and continuing until June
2005 at which time all payments of alimony shall terminate. Husband's obligation to pay
alimony to Wife shall tenninate in the event that Wife should remarry or die on or before
June I, 2005. This order shall not tenninate in the event that Wife cohabits or resides
with an individual ofthe opposite sex prior to June 1,2005. Husband further agrees that
the amount of alimony shall be nonmodifiable except in the event of Husband's complete
or permanent disability or death. Husband's obligation to pay alimony shall terminate on
June 1, 2005 or upon his earlier death or permanent disability.
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26. TAX RETURNS. The parties agree that in the future if any penalties or
interest or any liability for failure to declare income or the wrongful claiming of any
deduction shall be assessed by the United States Intemal Revenue Service or the
Commonwealth of Pennsylvania or any other state as a consequence of the parties
Federal and State Income Tax returns which were filed jointly by the parties, said tax,
penalties or interest shall be the responsibility of the party responsible for the event or act
which cause the imposition of additional taxes, penalties or interest problem.
27. AFTER ACQUIRED REAL OR PERSONAL PROPERTY/FUTURE
EARNINGS. Each of the parties shall hereafteI own and enjoy independently of any
claim or right of the other, all items of personal property, tangible or intangible, hereafter
acquired by Husband or Wife, with full power in him or her to dispose of the same as
fully and effectively, in all respects and for all purposes, as though he or she were
unmarried.
28. ADDITIONAL INSTRUMENTS, Each of the parties shall, from time to
time at the request of the other; execute, acknowledge and deliver to the other party any
and all further instruments or documents that may be reasonably required to give full
force and effect to the provisions of this Agreement.
29.. COUNSEL FEES. Each of the parties agree that they shall be responsible for
their own counsel fees, costs and expenses.
18
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.30. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS, The
parties hereby agree and express their intent that any transfer of property pursuant to this
Agreement shall be within the scope and applicability of the Deficit Reduction Act of
1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the
transfers of property between spouses and former spouses. The parties agree to sign and
cause to be filed any elections or other documents required by the Internal Revenue
Service to render the Act applicable to the transfers set forth in this Agreement without
recognition of gain on such trarisfer and subject to the carry-over basis provisions of the
said Act.
31. EFFECT OF DIVORCE DECREE. The parties agree that except as
otherwise specifically provided heIein, this Agreement shall continue in full force and
effect after such time as a final Decree in Divorce may be entered with Iespect to the
parties.
32. VOLUNTARY EXECUTION, Husband and Wife have voluntarily executed
this Agreement. Both parties acknowledge that they understand the contents herein and
that they have not signed this Agreement as a result of any duress or undue influence.
33. ENTIRE AGREEMENT, This Agreement contains the entire understanding
of the parties, and there are no representations, warranties, covenants, or undertakings
other than those expressly set forth herein.
19
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34. AGREEMENT BINDING ON HEIRS, This Agreement shall be binding
. and shall inure to the benefit of the parties hereto and their respective heirs, executors,
administrators, successors and assigns.
35. BREACH, If either party breaches any provision of this Agreement, the other
party shall have the right, at his or her election, to sue for damages for such breach, to
seek such other remedies or relief as may be advisable to him or her, and the party
breaching this contract shall be responsible for payment of legal fees and costs incurred
by the other in enforcing their rights under this Agreement.
36. INDEPENDENT SEP AM TE COVENANTS. It is specifically understood
and agreed by and between the parties hereto that each paragraph hereof shall be deemed
to be a separate and independent Agreement.
37. MODIFICATION AND WAIVER. A modification or waiver of any of the
provisions of this Agreement shall be effective onlyifmade in writing and executed with
the same formality as this Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall not be construed as a
waiver of any subsequent default of the same or similar nature.
38. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for
convenience only. They shall have no affect whatsoever in determining the rights or
obligations of the parties.
20
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39. APPLICABLE LAW. This Agreement shall be construed under the laws of
the Commonwealth of Pennsylvania.
40. YOID CLAUSE. If any term, condition, clause or provisions of this
Agreement shall be determined or declared to be void or invalid in law or otherwise, then
only that term, condition, clause or provision shall be stricken from this Agreement and
in all other respects this Agreement shall be valid and continue in full force, effect and
operation.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written.
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COMMONWEALTH OF PENNSYLVANIA:
~ i:{4A-HJ
COUNTY OF
:SS
,Before me, the undersigned officer, a Notary Public in and for said
Commonwealth and County, personally appeared JOHN B, SCALERA, JR., who being
duly sworn according to law, deposes and says that the facts and matters set forth in the
within and foregoing Marital Settlement Agreement are true and correct to the best of
his knowledge, information and belief.
Sworn and subscribed to before me this:..:,i'':fttday of :}.t:JLL
- v
,2003.
(~,,,y ,A/'"7/4/
No ryPublic .
My Commission Expires:
NOTI~RIAL SEAL ]
K'VI n\t':'II~T"
, t", I ,~- ,",'i~l1_t: i'1o!ary Publir
CHy of ~ja~rjsburg. DaulJhm Cou;ty
My C~~~n Expire~_~~9r 2QQ~.__ .
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
Before me, the undersigned officer, a Notary Public in and for said
Commonwealth and County, personally appeared TRINIDAD SCALERA, who being
duly sworn according to law, deposes and says that the facts and matters set forth in the
within and foregoing Marital Settlement Agreement are true and correct to the best of
her knowledge, information and belief.
Sworn and subscribed to before me this JlP-It) day of JUfl!
,2003.
lflfA:thu Hc~
Notary Public
My Commission Expires:
NofaJiaI seiIl
Hea1her Ro1hennel. NOlary Public
HaHfax Twp.. Dauphin County
My CommissIon Expiios Jan, 6. 2007
Member, Pennsylvania Asso<:iatii>n 01_
(SEAL)
22
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JOHN B. SCALERA,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00-7217 CIVIL TERM
TRINIDAD SCALERA,
Defendant
CIVIL ACTION - IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a
Divorce Decree:
1. Ground for divorce: Irretrievable breakdown under Section (3301(c)) (3301(d)(1)) of
the Divorce Code. (Strike out inapplicable section.)
2. Date and manner of service of the Complaint: Serviced bv certified mail. See Affidavit
of Service dated October 27.2000. filed November 2. 2000.
3. Date and manner of service of the Amended Complaint:
4. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by Section 3301(c) of the
Divorce Code: by PlaintiffMav 9. 2003; by Defendant Mav 9.2003.
(b)(I) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code:
(2) Date of filing and service of the Plaintiff s Affidavit upon the Respondent:
5. Related claims pending: None. See Agreement dated June 3. 2003.
6. Complete either (a) or (b).
(a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit
Record, a copy of which is attached:
(b) Date Plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with the
Prothonotary: Mav 9. 2003
Date Defendant's Waiver of Notice in Section 3301(c) divorce was filed with the
Prothonotary: Mav 9. 2003.
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JOHN B. SCALERA,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Vs.
NO. 00 - 7~/(
Gv~L 'r~
TRINIDAD SCALERA,
Defendant
CIVIL ACTION - 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 in Divorce or annuhnent
may be entered against you by the Court. A judgment may also be entered against you
for any other claim or relief requested in these papers by the Plaintiff. You may lose
money or property or other rights important to you, including custody or visitation of
your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A 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,
La".".Y@f Referral S{,! vi",--, CVUll Adu~~;jb.atvJ.
Gumbcdtl:lld COlillt) C61Hi HSRse
f om#! Flssr
Culi,k, P6flftsyh'B:Ria 179I;;\
('717) 219 E::299
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JOHN B. SCALERA,
Plaintiff
Vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. (roo 7.211 ~ -r~
TRINIDAD SCALERA,
Defendant
CIVIL ACTION - IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTIONS 3301(C)
AND 3301 (a) (6) OF THE DIVORCE CODE
1. The Plaintiff is John B. Scalera, an adult individual, who currently resides at
510 Ohio Avenue, Lemoyne, Cumberland County, Pennsylvania 17043,
2. The Defendant is Trinidad Scalera, an adult individual, who currently resides at
510 Ohio Avenue, Lemoyne, Cumberland County, Pennsylvania 17043.
3. The Plaintiff and Defendant were married on November 15, 1989 in Panama
City, Panama.
4. The Plaintiff and Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for at least six (6) months immediately previous to the
filing of this Complaint.
5. There is one child of the marriage, namely, Kelifer Evelyn Scalera, born
October 31,1983.
6. There has been no prior actions of divorce or for annulment between the
parties.
7. The Plaintiff and Defendant are both citizens of the United States of America.
8. The Plaintiff has been advised that counseling is available and that Plaintiff
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may have the right to request that the Court require the parties to participate in
counseling; however, the Plaintiff waives his right to counseling.
9. The Defendant is a member of the Armed Services of the United States.
COUNT I - DIVORCE
10. The Plaintiff avers that the grounds on which the action is based are:
(a) That the marriage is irretrievably broken.
(b) That the Defendant has offered such indignities to the Plaintiff, the innocent
and injured spouse, as to render his condition intolerable and life burdensome
COUNT II - CLAIM FOR EOUITABLE DISTRIBUTION
UNDER SECTION 3502 OF THE DIVORCE CODE
11. The Plaintiff and Defendant have acquired property during their marriage,
which is subject to equitable distribution by this Court.
12. The Plaintiff and Defendant have been unable to agree as to an equitable
distribution of said property.
WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce:
(A) Dissolving the marriage between the Plaintiff and Defendant;
(B) Equitably distributing all property owned by the parties hereto; and
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(C) Such further relief as the Court may determine equitable and just.
Respectfully submitted,
BY:
cis A. Zulli, E
Locust Street
. Box 1121
risburg, PA 17108
17) 232-J488
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VERIFICATION
I verify that the statements made in this COMPLAINT IN DIVORCE are true and
correct. I understand that false statements herein are made subject to the penalties of 18
Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
D&<d, 1'1- O~T ;).00" r ~~
John B, Scalera
H105,157 REV. 4-71
(H 8-430.3--1ng)
Cou...TY
Cumberland
John-S.S #101-56-9095
TrinidAd S S #749-R9-i47R
1, NAME
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1. RES10E"'CE
,TOHN
$"....,R.D,
ellr. e....., .,T...p,
510 Ohio
5. "'UMBER
OF THIS
A--enue
Lemo ne
6, RACE
WHITE
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8. NAIDEN ...ANE
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TRINIDAD
10. RESIDENCE
$".....R,D.
Cllr. 80...., o. T"",.
510 Ohio Avenue,
12. NUMBER
OF THIS
MARRI"GE
L"CE OF
THIS
MARRIAGE
'7...., NUMBER OF CHILDREN
THIS M....RRI....GE'
1
Panama Cit
us,
CHILDR!:N UNOER 18
1
2:0, NUMBER OF
HUSBANO
o
WIFE
CIHLOREN TO
CUSTODY OF
22. O....TE OF DECREE
(Mo"'~/
iU. SIGNATURE OF
TRANSCRIBING CLERI{
COMMONWEALTH OF PIEHNSYLV"NIA
DEPARTMENT OF HEALTH
VITAL STATISTICS
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DIVORCE
RECORD OF
OR
TATE FILE NUMBER
ANNULMEIIT
IKJ
TATE FILl!: DATE
ICHECK ONEI
o
HUSliIANO
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PA 17043
2, DATE
O.
BIRTH
4. PLACE
O.
BIRTH New York
7, USUAL OCCUPATION
fM...I"I
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WIFE
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'1, PLACE (,_.. .....,'.. .....",.
PA 17043
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USUAL OCC_Up-!-T'_()N
with Merck-Medea
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21. DATE REPOAT SENT
TO VITAL STATISTICS
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JOHN B. SCALERA,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL VANIA
Vs.
NO. 00-7217 CIVIL TERM
TRINIDAD SCALERA,
Defendant
CIVIL ACTION - IN DNORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
Personally appeared before me, a Notary Public, in and for said Commonwealth
and County, Francis A. Zulli, Esquire, who being duly sworn deposes and says that on
October 23, 2000 he deposited in the United States, Certified Restricted Mail No. 7099-
3220-0011-0086-6097, Postage Prepaid, Certified Restricted Delivety, Return Receipt
Requested, a true and correct certified copy of the Complaint in Divorce under Section
3301(c) and 3301(a)(6) of the Divorce Code upon the Defendant, Trinidad Scalera, at her
residence of 510 Ohio Avenue, Lemoyne, Pennsylvania 17043.
Attached hereto is the return receipt card evidencing receipt of the same by the
Defendant, and dated October 27,2000.
NOTARIAL SEAL . .
KAY l. DWULET, Nal0iy Public '/
OllVol Halrl'obUI';J. Dauphin County PA
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Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to YOLl.
. Attach this card to the back of the mailpiece,
or on the front if space e~!_f!1~ts_.
, .:r~le :d~se~ ~ ,a-d SC-0J.JJ7
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5/0 O~ PA
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. Is delivery address different from item 11
If YES, enter delivery address below:
o Agent
Addressee
DYes
DNa
3. ~~e Type
IX( Certified Mail
o Registered
o Insured ~aiJ
o Express Mail
o Return Receipt for Merchandise
o G,o.o.
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~ PS Form 3811, July 1999 Domestic Return.Recelrt
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JOHN B. SCALERA,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. ~Df1't--11
TRINIDAD SCALERA,
Defendant
CIVIL ACTION - IN DIVORCE
AFFIDA VIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on October 19,2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry ofa final Decree of Divorce after service of Notice of
Intention to Request Entry of the Decree.
I verifY that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. e.S.
Section 4904 relating to unsworn falsification to authorities.
Dated: ::W'03(rfl~'-f 0 q
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Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. 0 D I 1 'V 11
TRINIDAD SCALERA,
Defendant
CIVIL ACTION - IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER SECTION 3301(d AND 3301(d)
OF THE DIVORCE CODE
1. I consent to the entry of a final DeCIee in Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! 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. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
Dated: rlcn~ tf}{JY1'Jg
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Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. ~b:] 'VI 1
TRINIDAD SCALERA,
Defendant
CIVIL ACTION - IN DIVORCE
AFFIDA VIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed
on October 19,2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree of Divorce after service of Notice of
Intention to Request Entry of the Decree.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa, C.S.
Section 4904 relating to unsworn falsification to a ,orities.
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Dated: b I '7 f) :j~{f ~ .' \,..,::/Caftt.Lr-
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JOHN B. SCALERA,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. Db I 1 'Zr 11
TRINIDAD SCALERA,
Defendant
CIVIL ACTION - IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER SECTION 330J(c) AND 3301(d)
OF THE DIVORCE CODE
1, I consent to the entry of a final Decree in Divorce without notice.
2. I understand that I may lose rights conceming alimony, division of property,
lawyer's fees or expenses ifI 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. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification t uthorities.
Dated: .5 h ,h3 ~ I
/ Trinidad Scalera
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this day of August, 2002, by and between:
JOHN B. SCALERA, JR. of 51 0 Ohio Avenue, Lemoyne, Cumberland County, P A
17043, hereinafter referred to as "Husband"
AND
TRINIDAD SCALERA of 128 South Second Street, Wormleysburg,
Cumberland County, P A, 17043, hereinafter referred to as "Wife".
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on November 15,1989 in
Panama City, Panama, and were separated on October 20, 2000; and
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen
between the parties and it is the intention of Husband and Wife to live separate and apart,
and the parties hereto are desirous of settling fully and finally their respective fmancial
and property rights and obligations as between each other, including, without limitation,
the settling of all matters between them relating to the ownership of real and personal
property, the support, alimony and maintenance of one another, and in general, the
settling of any and all claims and possible claims by one against the other or against their
respective estates.
AND NOW, THEREFORE, in consideration of these premises, and ofthe mutual
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promises, covenants and undertakings hereinafter set forth, and for other good and
valuable consideration, receipt of which is hereby acknowledged by each of the parties
hereto, Husband and Wife each intending to be legally bound hereby, covenant and agree
as follows:
1. SEPARATION. It shall be lawful for Husband and Wife at all times herein-
after to live separate and apart from each other and to reside from time to time at such
place or places as they shall respectively deem fit, free from any control, restraint or
interference, direct or indirect, by each other. Neither party shall molest the other or
compel or endeavor to compel the other to cohabit or dwell with him or her by any legal
or other proceeding. The foregoing provisions shall not be taken to be an admission on
the part of either Husband or Wife of the lawfulness of the causes leading to their living
apart. Husband shall enjoy exclusive possession of the marital home at 510 Ohio
Avenue, Lemoyne, P A. Wife agrees that she shall no longer enter or attempt to enter the
marital residence without the consent of Husband.
2. INTERFERENCE. Each party shall be free from interference, authority, and
contact by the other, as fully as if he or she were single and unmarried except as may be
necessary to carry out the provisions of this Agreement. Neither party shall molest the
other or attempt to endeavor to molest the other, nor compel the other to cohabit with the
other, or in any way harass or malign the other, nor in any way interfere with the peace-
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ful existence, separate and apart, fr.om the .other.
3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This
Agreement shall not be c.onsidered to affect .or bar the right .of Husband .or Wife t.o a
div.orce on lawful grounds as such grounds new exist .or shall hereafter exist .or t.o such
defense as may be available to either party. This Agreement is not intended t.o condone
and shall net be deemed t.o be a c.ondonati.on on the part .of either party hereto of any act
or acts .on the part .of the .other party which have .occasioned the disputes .or unhappy
differences which have .occurred prier t.o or which may .occur subsequent t.o the date
hereof.
4. DIVORCE. The parties acknowledge that Husband has instituted a divorce
acti.on in the C.ourt .of C.omm.on Pleas .of Cumberland County, Pennsylvania, indexed t.o
N.o. 00-7217 Civil Term, claiming that the marriage is irretrievably bI.oken under the n.o
fault mutual c.onsent provisi.on .of Secti.on 330 I (c) .of the Pennsylvania Div.orce Cede.
The parties hereby express their agreement that the marriage is irretrievably broken and
each express their intent to execute contemporane.ously herewith any and all affidavits .or
.other d.ocuments necessary fer the parties to .obtain an abs.olute divorce pursuant t.o
Section 330l(c) .of the Div.orce Code. The parties hereby waive all rights to request
Court Ordered c.ounseling under the Div.orce Code. Neither party t.o such acti.on shall ask
fer alim.ony .or supp.ort contrary t.o the pr.ovisi.ons .of this Agreement. It is further
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specifically understood and agreed by the parties that the provisions of this Agreement
relating to equitable distribution of property of the parties are accepted by each party as a
final settlement for all purposes whatsoever, as contemplated by the Pennsylvania
Divorce Code.
Should a Decree, Judgment or Order of separation or divorce be obtained by
either of the parties in this or any other state, country or jurisdiction, each of the parties
hereby consents and agrees that this Agreement and all of its covenants shall not be
affected in any way by any such separation or divorce; and that nothing in any such
Decree, Judgment, Order or further modification or revision thereof shall alter, amend or
vary any term of this AgIeement, whether or not either or both of the parties shall
remarry, it being understood by and between the parties hereto that this Agreement shall
survive and shall not be merged into any Decree, Judgment or Order of Divorce or
separation. Notwithstanding the provisions of the Pennsylvania Divorce Code or of any
law to the contrary, all of the terms and provisions of this Agreement shall not be subject
to modification by the Court or in any fashion other than as set forth hereinafter. It is
specifically agreed, however, that this Agreement shall be subject to enforcement under
the provisions of the Pennsylvania Divorce Code or, in the altemative, by a suit against
the alleged breaching party eitheI in law or equity, at the election ofthe aggrieved party.
5. EFFECTIVE DATE. The effective date of this Agreement shall be the "date
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of execution" or "execution date", defined as the date upon which it is executed by the
parties if they have each executed this Agreement on the same date. Otherwise, the "date
of execution" or "execution date" of this Agreement shall be defined as the date of
execution by the party last executing this Agreement.
6. DISTRIBUTION DATE. The transfer of the property, funds and/or
documents provided for herein, shall only take place on the "distribution" date which
shall be defined as the date of execution of this Agreement unless otherwise specified
herein. However, the support and/or alimony payments, if any, provided for in this
Agreement shall take effect as set forth in this Agreement.
7. DEBTS AND OBLIGATIONS. Husband represents and warrants to Wife
that he will not contract or incur any debt or liability for which Wife or her estate might
be responsible and shall indemnify and save Wife harmless from any and all claims or
demands made against her by reason of debts or obligations incurred by him.
Wife represents and warrants to Husband that she will not contract
or incur any debt or liability for which Husband or his estate might be responsible and
shall indemnify and save Husband harmless from any and all claims or demands made
against him by reason of debts or obligations incurred by her.
8. MUTUAL RELEASE. Husband and Wife do hereby mutually remise,
release, quit-claim and forever discharge the other and the estate of such other, for all
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1jme to come, and for all purposes whatsoever, from any and all rights, title and interest,
or claims in or against the estate of such other, of whatever nature and wherever situate,
which he or she now has or any time hereafter may have against such other, the estate of
such other or any part thereof, whether arising out of any former acts, contracts, engage-
ments, or liabilities of such other or by way of dower or curtesy, of claims in the nature
of dower or curtesy, or widow's or widower's rights, family exemption or similar
allowance or under the intestate laws; or the right to take against the spouse's will; or the
right to treat a lifetime conveyance by the other as testamentary or all other rights of a
surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of Pennsylvania, any state, commonwealth or territory of the United States, or any
other country; or any rights which either party may now have or at any time hereafter
have for past, present or future support or maintenance, alimony, alimony pendente lite,
counsel fees, costs and/or expenses, whether arising as a result of the marital relation or
otherwise, except and only except all rights and agreements and obligations of whatso-
ever nature arising or which may arise under this Agreement or for the breach of any
provisions thereof. It is the intention of Husband and Wife to give to each other by the
execution ofthis Agreement a full, complete and general release with respect to any and
all property of any kind and/or nature, real, personal or mixed, which the other now owns
or may hereafter acquire, except, and only except, all rights and agreements and obliga-
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tions of whatsoever nature arising or which may arise under this Agreement or for the
breach of any provision thereof.
9. ADVICE OF COUNSEL. The provisions of this Agreement and there legal
effect have been fully explained to Husband by his counsel, Francis A. Zulli, Esquire.
The provisions of this Agreement and there legal effect have been fully explained to
Wife by her counsel, Gregory S. Hazlett, Esquire. Each party acknowledges that he or
she has had the opportunity to receive independent legal counsel of his or her selection,
and that each fully understands the facts and has been fully informed as to his or her legal
rights and obligations, and each party acknowledges and accepts that this Agreement is,
in the circumstances, fair and equitable, and that it is being entered into freely and
voluntarily, and that execution of this Agreement is not the result of any duress or undue
influence, and that it is not the result of any improper or illegal agreement or agreements.
In addition, each party hereto hereby acknowledges that he or she has been fully advised
of the impact of the Pennsylvania Divorce Code of 1980, Pa. C.S.A. Section 3101 et
seq., whereby the Court has the authority and duty to determine all marital rights of the
parties including divorce, alimony, alimony pendente lite, equitable distribution of all
marital property or property owned or possessed individually by the other, counsel fees
and costs of litigation and, fully knowing the same, and being fully advised of his or her
rights thereunder, each party hereto still desires to execute this Agreement
7
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acknowledging that the terms and conditions set forth herein are fair, just and equitable
to each of the parties and waives his or her respective right to have the Court of Common
Pleas of Cumberland County, or any other Court of competent jurisdiction, make any
determination or order affecting the respective parties' rights to a divorce, alimony,
alimony pendente lite, equitable distribution of all marital property, counsel fees and
costs oflitigation, or any other right arising from the parties' marriage.
10. WAIVERS OF CLAIMS AGAINST ESTATE. Except as herein otherwise
provided, each party may dispose of his or her property in any way, and each party
hereby waives and relinquishes any and all rights he or she may now have or hereafter
acquire, 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, including without limitation,
dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right
to take against the will of the other, and right to act as administrator or executor ofthe
other's estate, and each will, at the request of the other, execute, acknowledge and
deliver any and all instruments which may be necessary or advisable to carry into effect
this mutual waiver and relinquishment of all such interest, rights and claims.
11. EOUITABLE DISTRIBUTION OF MARITAL PROPERTY. The
parties have attempted to distribute theiI marital property in a manner which conforms to
the criteria set forth in Section 3502 of the Pennsylvania Divorce Code, and taking into
8
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account the following considerations: The length of the marriage, the age, health, station,
amount and sources of income; vocational skills, and employability; estate, liabilities and
needs of each of the parties; the contribution of each party to the education, training or
increased earning power of the other party; the opportunity of each party for future
acquisitions of capital assets and income; the sources of income of both parties, including
but not limited to medical, retirement, insurance or other benefits; the contribution or
dissipation of each party in the acquisition, preservation, depreciation, or appreciation of
the marital property, including the contribution of each spouse as a homemaker; the value
of the property set apart to each party; the standard ofliving of the parties established
during the marriage; and the economic circumstances of each party at the time the
division of property is to become effective.
The division of existing marital property is not intended by the
parties to constitute in any way a sale or exchange of assets. The division of property
undeI this Agreement shall be in full satisfaction of all marital rights of the parties.
12. ENTRY ASP ART OF THE DECREE. It is the intention of the parties that
this Agreement shall survive any action for divorce which may be instituted or
prosecuted by either party, and no Order, Judgment or Decree of Divorce, temporary,
interlocutory, final or permanent shall affect or modify the financial terms of this
Agreement. This Agreement shall be embodied in and made part of any such Judgment
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or Decree of fmaldivorce.
13. FINANCIAL DISCLOSURE. The parties confirm that they have relied on
the completeness and substantial accuracy of the financial disclosure of the other as an
inducement to the execution of this Agreement. The parties acknowledge that there
has been no formal discovery conducted in their pending divorce. Each party has
filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania
Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a
claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any
interest owned by the other party in an asset of any nature at any time prior to the date of
execution of this Agreement that was not disclosed to the other party or his or her
counsel prior to the date of the within Agreement is expressly reserved. In the event that
either party, at any time hereafter, discovers such undisclosed assets, the party shall have
the right to petition the Court of Common Pleas of Cumberland County to make
equitable distribution of said asset.
The non-disclosing party shall be responsible for payment of
counsel fees, costs and expenses incurred by the other party in seeking equitable distribu-
tion of said asset.
Notwithstanding the foregoing, the Agreement shall in all
other respects remain in full force and effect.
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14. LISTING OF ASSETS AND LIABILITIES OF THE PARTIES. Husband
and Wife agree that the following list of assets constitute the marital assets subject to
equitable distribution set forth in this Agreement.
A. Real estate located at 510 Ohio Avenue, Lemoyne, Cumberland County, P A
valued at $176,300 as per appraisal of Robert Ensminger.
B. Vacant land consisting of approximately 10 acres located in Mayville,
Michigan having an estimated value of approximately $30,000.
C. 50 shares of AOL Stock having a value of approximately $1,276.00.
D. Allfirst Bank checking account #00820-7415-1 having a date of separation
balance of approximately $6,198.54.
E. Allfirst Bank savings account #8-000-000-2027136 having a date of separation
balance ofapproximately $243.16.
F. Toyota Mini Van having a value of$I,100.00.
G. Household furniture and furnishings having an appraised value of$18,595 as
of the date of separation and as appraised by Robert Ensminger.
H. Wife's 401 K investment having a date of separation value of $3,914.
15. LIABILITIES OF THE PARTIES AT THE TIME OF SEPARATION,
A. Wells Fargo Mortgage Company. Mortgage on residence having a current
payoff of $165,645 .41.
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B. Magic Window Company, $7,000.
16. REAL ESTATE. Husband and Wife own property at 510 Ohio Avenue,
Lemoyne, Cumberland County, P A, the marital residence. The real estate is titled in
Husband's name only. At or about the time of separation, said property was encumbered
by mortgage held by Wells Fargo Mortgage Company having a current balance of
approximately $165,645.41. At the time of separation the parties owed a bill for the
installation of windows to Magic Window Company in the amount of $7,000. The
mortgage and Magic Window Company bill are in Husband's name only. Husband
wishes and desires to maintain said real estate. Wife agrees to convey all her right, title
and inteIest in this real estate to Husband upon the condition that Husband provides
proof that the mortgage held by Wells Fargo Mortgage Company is solely in Husband's
name. Husband agrees to assume responsibility for the payment of the mortgage.
Husband already satisfied in full the Magic Window Company obligation. Husband
hereby agrees to indemnify and hold Wife harmless from any and all liability as a result
of ownership of the real estate including non-payment of the mortgage, taxes, insurance,
assessments or any other obligation associated with the real estate.
17. PERSONAL AND HOUSEHOLD PROPERTY. The parties acknowledge
and agree that they have each had an opportunity to value or have appraised any and all
personal and household marital property. The appraisal was performed by Robert
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Ensminger and a copy of the appraisal was provided to both parties indicating a total
value of personal and household property in the amount of$18,595 at the time of the
separation. The parties acknowledge and agree that Wife has retained the majority of the
household furniture and furnishings totaling the sum of $13,620 of the appraised value,
while Husband has retained various items of the household furniture and furnishings
totaling a value of $4,975 of the total appraised value. Wife agrees to return the
following items of personal property to Husband within seven (7) days after the
execution of this Agreement. The items are as follows:
1. Marble figurine
2. His wedding ring
3. Necklace/medallion
4. Black china decorative plates
5. Dishes left to him by his mother
6. Model cars
7. Pewter vase and pewter flowers
Husband agrees that all assets in the possession of Wife, except for those items
noted above, shall be the sole and separate property of Wife; and, Wife agrees that all
assets in the possession of Husband shall be the sole and separate property of Husband.
Each of the parties do hereby specifically waive, release, renounce and forever abandon
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whatever claims, if any, he or she may have with respect to any of the personal property
furniture and furnishings which are the sole and separate property ofthe other.
18. MOTOR VEIDCLES, At the time of the separation, Husband owned a 1989
Toyota Mini Van which was used by Wife until November 2001 when it was returned to
Husband. Husband and Wife agree that the present value of this van is approximately
$1,100. Husband shall retain sole possession and ownership of this motor vehicle. Parties
further acknowledge that there is no outstanding encumbrance loan or lien against this
vehicle. Wife waives all of her right, title and interest in and to the 1989 Toyota Mini
Van.
19. RETIREMENT BENEFITS, At the time of the separation, Wife was the
owner of a 401K Fidelity Investment employee benefit through her employer, Merck-
Medco Services in an amount of$3,914. Husband and Wife agree that Wife will retain
her 401K. Husband waives all right, title and interest in and to Wife's 401K.
20. BANK ACCOUNTS, Husband and Wife agree that Wife shall retain all
proceeds from the Allfirst Bank checking account #00820-7415-1 and Allfirst Bank
savings account #8-000-000-2027136. The accounts were previously closed by Wife in
October and November of the year 2000.
21. VACANT REAL ESTATE - MAYVILLE. MICIDGAN, Husband and
Wife acknowledge that they are the owners of approximately 10 acres of land located in
14
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Mayville, Michigan. The parties agree to make a good faith effort to sell this property for
the sum of $30,000. The parties agree to immediately upon the signing of this
Agreement, execute a listing contract with a realtor in the Mayville, Michigan area and to
proceed as diligently as possible to sell this property for a fait and reasonable sum as to
be determined by the parties. Each party will cooperate with the sale of this property and
will not unreasonably seek an unrealistic sales price for this property. Upon the sale of
the property, Wife shall pay to Husband the first $2,000 of net proceeds from the sale
ofthis property and the balance remaining thereafter shall be equally divided
between Husband and Wife. Husband and Wife agree that they shall share equally the
real estate commission and other related expenses incurred in the sale ofthis property.
22. AOL STOCK. Husband and Wife agree that Husband shall retain the 50
shares of AOL Stock having a current value of approximately $1,276.
23. MILITARY RETIREMENT, Husband is currently on active duty with the
United States Navy having entered the service on or about June 3, 1985. Husband and
Wife acknowledge that there is no vesting in the military retirement until the military
retiree attains the retirement service length of at least 20 years. Husband is currently of
the rank of E6 having a monthly military pay of approximately $2,191 as of the month of
separation (October 2000). In the event Husband retires from the United States military
on or after 20 years of service, Wife will receive a portion of Husband's monthly military
15
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retirement pay calculated as follows:
1. Calculate Husband's monthly base pay as ofthe month of separation, October
2000. (Approximately $2,191.00).
2. Deduct that portion of his monthly military retirement pay that is attributable to
medical disability.
3. Divide in half the monthly retirement pay amount resulting from steps 1 and 2
above.
4. Determine the marital coverture fraction (12 years marriage over 20 years
service as of date of separation).
5. Multiply coverture fraction times amount resulting after step 3.
6. Wife to be paid one half of amount resulting from step 5 (approximately
$325.00 per month which amount shall increase to the extent husband's retirement
increases) .
7. This calculation assumes husband retires with 20 years of service in June of
2005.
In the event that Husband retires from the U.S. military with more than 20 years of
service, then the marital coverture fraction as set forth in 4 above shall be adjusted to
reflect 12 years of marriage over the number of years of service of Husband at the time of
retirement. In the event that Husband does not retire from the military through no fault of
his own, Wife waives all claims to any pension, retirement fund or employee benefit of
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Husband. If Husband voluntarily severs his military service prior to 20 years of service
and receives no military retirement benefits, then the parties agree that the Court of
Common Pleas of Cumberland County shall retain jurisdiction to determine if Wife is
entitled to receive any additional amount of alimony as a result of Husband's voluntary
severance of his military service prior to 20 years of service.
24. ALIMONY PENDENTE LITE. Wife is currently the recipient of Alimony
Pendente Lite in the amount of$350.00 per month through the Domestic Relations
Section of the Court of Common Pleas of Cumberland County indexed to number 00-
7217 Civil Term, DR No. 30616, P ACSES ID No. 640103401 as setforth in an Order of
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the Court of Common Pleas of Cumberland County entered January 7, 2002. The parties
agree that this Order of Alimony Pendente Lite shall be terminated upon and effective as
of the date of this Agreement.
25. ALIMONY, Husband agrees to pay to Wife alimony at the rate of $350.00
per month'each and every month until June 2005 at which time all payments of alimony
shall terminate. Husband's obligation to pay alimony to Wife shall terminate in the event
that Wife should remarry or die on or before June 1,2005. This order shall not terminate
in the event that Wife cohabits or resides with an individual of the opposite sex prior to
June 1, 2005. Husband further agrees that the amount of alimony shall be nonmodifiable
except in the event of Husband's complete or permanent disability or death. Husband's
17
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obligation to pay alimony shall terminate on June I, 2005 or upon his earlier death or
pennanent disability.
26. TAX RETURNS, The parties agree that in the future if any penalties or
interest or any liability for failure to declare income or the wrongful claiming of any
deduction shall be assessed by the United States Internal Revenue Service or the
Commonwealth of Pennsylvania or any other state as a consequence of the parties
Federal and State Income Tax returns which were filed jointly by the parties, said tax,
penalties or interest shall be the responsibility of the party responsible for the event or act
which cause the imposition of additional taxes, penalties or interest problem.
27. AFTER ACQUIRED REAL OR PERSONAL PROPERTY/FUTURE
EARNINGS. Each of the parties shall hereafter own and enjoy independently of any
claim or right of the other, all items of personal property, tangible or intangible, hereafter
acquired by Husband or Wife, with full power in him or her to dispose of the same as
fully and effectively, in all respects and for all purposes, as though he or she were
unmarried.
28. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to
time at the request of the other, execute, acknowledge and deliver to the other party any
and all further instruments or documents that may be reasonably required to give full
force and effect to the provisions of this Agreement.
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29. COUNSEL FEES. Each of the parties agree that they shall be responsible for
their own counsel fees, costs and expenses.
30. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS. The
parties hereby agree and express their intent that any transfer of property pursuant to this
Agreement shall be within the scope and applicability of the Deficit Reduction Act of
1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the
transfers of property between spouses and former spouses. The parties agree to sign and
, cause to be filed any elections or other documents required by the Internal Revenue
Service to render the Act applicable to the transfers set forth in this Agreement without
recognition of gain on such transfer and subject to the carry-over basis provisions of the
said Act.
31. EFFECT OF DIVORCE DECREE. The parties agree that except as
otherwise specifically provided herein, this Agreement shall continue in full force and
effect after such time as a final Decree in Divorce may be entered with respect to the
parties.
32. VOLUNTARY EXECUTION, Husband and Wife have voluntarily executed
this Agreement. Both parties acknowledge that they understand the contents herein and
that they have not signed this Agreement as a result of any duress or undue influence.
33. ENTIRE AGREEMENT, This Agreement contains the entire understanding
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of the parties, and there are no representations, warranties, covenants, or undertakings
other than those expressly set forth herein.
34. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding
and shall inure to the benefit of the parties hereto and their respective heirs, executors,
administrators, successors and assigns.
35. BREACH, If either party breaches any provision of this Agreement, the other
party shall have the right, at his or her election, to sue for damages for such breach, to
seek such other remedies or relief as may be advisable to him or her, and the party
breaching this contract shall be responsible for payment oflega! fees and costs incurred
by the other in enforcing their rights under this. Agreement.
36. INDEPENDENT SEPARATE COVENANTS. It is specifically understood
and agreed by and between the parties hereto that each paragraph hereof shall be deemed
to be a separate and independent Agreement.
37. MODIFICATION AND WAIVER. A modification or waiver of any of the
provisions of this Agreement shall be effective only if made in writing and executed with
the same formality as this Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall not be construed as a
waiver of any subsequent default of the same or similar nature.
38. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for
20
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convenience only. They shall have no affect whatsoever in determining the rights or
obligations ofthe parties.
39. APPLICABLE LAW. This Agreement shall be construed under the laws of
the Commonwealth of Pennsylvania.
40. VOID CLAUSE. If any term, condition, clause or provisions of this
Agreement shall be determined or declared to be void or invalid in law or otherwise, then
only that term, condition, clause or provision shall be stricken from this Agreement and
in all other respects this Agreement shall be valid and continue in full force, effect and
operation.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written.
WITNESS:
John B. Scalera, Jr.
Trinidad Scalera
21
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF
:SS
Before me, the undersigned officer, a Notary Public in and for said
Commonwealth and County, personally appeared JOHN B. SCALERA, JR., who being
duly sworn according to law, deposes and says that the facts and matters set forth in the
within and foregoing Marital Settlement Agreement are true and correct to the best of
his knowledge, information and belief.
Sworn and subscribed to before me this _ day of
,2002.
Notary Public
My Commission Expires:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
Before me, the undersigned officer, a Notary Public in and for said
Commonwealth and County, personally appeared TRINIDAD SCALERA, who being
duly sworn according to law, deposes and says that the facts and matters set forth in the
within and foregoing Marital Settlement Agreement are true and correct to the best of
her knowledge, information and belief.
Sworn and subscribed to before me this
day of
,2002.
Notary Public
My Commission Expires:
(SEAL)
22
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JOHN B. SCALERA, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL VANIA
vs.
NO. 00-7217
TRINIDAD SCALERA,
Defendant
CIVIL ACTION - IN DIVORCE
AFFIDA VIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on October 19,2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree of Divorce after service of Notice of
Intention to Request Entry of the Decree.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
Dated: 14 tIIJHL 0 d-
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' hn B. Scalera,.G
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JOHN B. SCALERA, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. 00-7217
TRINIDAD SCALERA,
Defendant
CIVIL ACTION - IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
Dn:ORCE DECREE Ul'IDER SECTION 3301(c) OF
THE DIVORCE CODE
1. I consent to the entry of a final Decree in Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! 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. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
Dated: j'-I fYIfl~ o~
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYT.NANIA
Plaintiff
CIVIL ACTION - LAW
vs.
NO.OO -7217
CIVIL
19
IN DIVORCE
TRINIDAD SCALERA
Defendant
STATUS SHEET
DATE:
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JOHN B. SCALE~,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 7217 CIVIL
TRINIDAD SCALERA,
Defendant
IN DIVORCE
TO: Francis A. Zulli
Attorney for Plaintiff
Gregory S. Hazlett
Attorney for Defendant
DATE: Tuesday, July 10, 2001
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
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DATE
COUNSEL FOR PLAINTIFF
COUNSEL FOR DEFENDANT
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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JOHN B. SCALERA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 00 - 7217 CIVIL
TRINIDAD SCALERA,
Defendant
IN DIVORCE
CONFERENCE WITH
COUNSEL AND PARTIES
TO: Francis A. Zulli
John B. Scalera
Counsel for Plaintiff
Plaintiff
Gregory S. Hazlett
Trinidad Scalera
Counsel for Defendant
Defendant
A conference has been scheduled at the Office of
the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 22nd day of February, 2001, at 9:00
a.m., with counsel and the parties to discuss the
outstanding economic issues to determine if there is a basis
of settlement of claims. If issues remain after the
conference, a hearing will be scheduled at another date.
Very truly yours,
Date of Notice: 1/14/02
E. Robert Elicker, II
Divorce Master
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 00 - 7217 CIVIL
TRINIDAD SCALERA,
Defendant
IN DIVORCE
PRE-HEARING CONFERENCE
TO: Francis A. Zulli
Counsel for Plaintiff
Greg S. Hazlett
Counsel for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover Street,
Carlisle, Pennsylvania, on the 14th day of January, 2002, at
9:30 a.m., at which time we will review the pre-trial
statements previously filed by counsel, define issues,
identify witnesses, explore the possibility of settlement
and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 11/7/01
E. Robert Elicker, II
Divorce Master
JOHN B. SCALERA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 00 - 7217 CIVIL
TRINIDAD SCALERA,
Defendant
IN DIVORCE
CONFERENCE WITH
COUNSEL AND THE PARTIES
TO: Francis A. Zulli
John B. Scalera
, Counsel for Plaintiff
, Plaintiff
Gregory S. Hazlett
Trinidad Scalera
, Counsel for Defendant
, Defendant
A conference has been scheduled at the Office of
the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 9th day of May 2003, at 9;00 a.m., with
counsel and the parties to discuss the outstanding economic
issues to determine if there is a basis of settlement of
claims. If issues remain ,after the conference, a hearing
will be scheduled at another date.
Very truly yours,
Date of Notice:
March 5, 2003
E. Robert Elicker, II
Divorce Master
LAW OFFICES
~gud. <f <@laM
DAVID A. WION
FRANCIS A. ZULLI
JEAN D. SEIBERT
109 LOCUST STREET
P.O. BOX 1121
HARRISBURG, PENNSYLVANIA 17108-1121
(717) 236-9301
(717) 232-1488
FAX (717) 236-6100
Email: wzs@mindspring.cam
VICTOR A. BIHL
OF COUNSEL
March 3, 2003
113 EAST MAIN STREET
HUMMELSTOWN, PA 17036
(717) 566-2501
E. Robert Elicker, II
Office of Divorce Master
Cumberland County Court
9 South Hanover Street
Carlisle, PA 17013
Re: John B. Scalera v. Trinidad Scalera
No. 00-7217 Civil in Divorce
Dear Mr. Elicker:
On or about February22, 2002, if my recollection ofthe date is correct, you met
with the parties and attorneys in the above captioned case for a pre-hearing conference.
At that time, the parties, after much discussion, agreed to a settlement of the equitable
distribution matters. Shortly thereafter I prepared a draft of the Agreement and
forwarded it to Attorney Hazlett for his review and comment. Unfortunately, the
defendant, Trinidad Scalera, has failed to sign the Agreement even though the parties
have consummated the majority of the terms set forth in the Agreement, that is, the
parties have exchanged the tangible personal property, the parties have sold and divided
the proceeds of the Michigan 10 acre tract ofland and the defendant has paid to her
husband the first $2,000.00 of the net proceeds from the sale of the Michigan property all
in accordance with theterrns of the Agreement, a copy of which is enclosed. It appears
that the defendant may have an issue with the language regarding the distribution of the
plaintiff's military pension as set forth in Paragraph 23 of the Agreement.
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Attorney Hazlett has been most cooperative with me in attempting to conclude this
,matter, but for some reason his client has failed to sign the Marital Settlement
Agreement. IIi view of this, I would certainly appreciate it if you would schedule this
March 3, 2003
Page 2
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case for a Master's hearing or an additional conference if you feel that may be helpful in
resolving this matter.
I look forward to hearing from you.
FAZ/ss
Enclosure
cc: Gregory S. Hazlett, Esquire
John B. Scalera, Jr.
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LAW OFFICES
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DAVID A. WION
FRANCIS A. ZULLI
JEAN D. SEIBERT
109 LOCUST STREET
P.O. BOX 1121
HARRISBURG, PENNSYLVANIA 17108-1121
(717) 236-9301
(717) 232-1488
FAX (717) 236-6100
Email: wzs@mindspring.com
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VICTOR A. BIHL
OF COUNSEL
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July 22, 2003
113 EAST MAIN STREET
HUMMELSTOWN, PA 17036
(717) 566-2501
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E. Robert Elicker, II
Office of Divorce Master
Cumberland County Court
9 South Hanover Street
Carlisle,PA 17013
Re: John B. Scalera v. Trinidad Scalera
No. 00-7217 Civil in Divorce
Dear Mr. Elicker:
Please find enclosed an executed copy of the Marital Separation Agreement that
has been executed by all parties regarding the above referred to divorce matter. It is my
understanding that you will file the original agreement along with the consents and
waivers in the Prothonotary's Office. I assume that I will file a praecipe to finalize the
divorce action once you have withdrawn as master in this case. Please advise me of the
procedure to be followed to finalize this action.
Thank you for your assistance in this matter.
FAZ/ss
Enclosure
Gregory S. Hazlett, Esquire
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L'" THE COURT OF COMMON PLEAS OF CUMBERL.-\..'\'D COUNTY,
CmIM:O!\"\\'EAL TH OF PENNSYL V ANU
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JOHN B. SCALERA.
PlaintifflRespondent
Civil Action--Divorce
No. 00-7217
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VS.
TRINIDAD SCALER~
Defendant! Petitioner
PETITION FOR ALIMONY
NOW COMES, Trinidad Scalera, Defendant/Petitioner, by and crough her attorney,
Gregory S. Hazlett, Esqcire of Hazlett & Oesterling and avers as foliows:
1, Petitioner is TrinidaC Scalera, who resides at 128 South Second Street,
Wormleysburg PA : 7043.
2. Respondent, is John B. Scalera, 510 Ohio Avenue, Lemoyne Per=ylvania 17043,
3. Petitioner and Respondent were married on the 15th November 1989.
4~(l(~t~oJ1e!:_arJ..<i~~espon~ent are the parents of one minor child, KeEfer E. Scalera, born
October 311983,
5. On the 19th day of October 2000 the Respondent filed a Complaim in Divorce under
3301 (a) and 3301 (el of the Divorce Code.
ALIMONY
6. The averments of paragraphs 1 through 5 are incorporated h::rein as if set forth
verbatim.
,
,
'7 Defendant, Trinid.3.d Scalera alleges and avers that subseque-nt to the entry of a
divorce decree that she will be in need of Alimony subsequent to the entry of the same for
a period as determinec :>y the Honorable Court for the reasons as he;:-"inafter cited.
8. Defendant, states tha: subsequent to the entry of the divorce dec= she will encounter
financial constraints de.:'-ed from the costs and expenses associate': with maintaining a
lifestyle which she curre::ttly is accustomed to during her marriage to plaintiff
9. Defendant, declares ::hat due to the disparate level of income as between herself and
plaintiff, husband she "ill be unable to fulfill her reasonable needs and sustain that
lifestyle and maintain the standard ofliving for which she has become accustomed during
her marriage.
10. Defendant alleges 2:1': z-.-e::-s that i:i :ne absen::e O~~ -s:1:n P_li8C:'Y .:i:=ienda."1t 'win be
unable to provide for ner basic necessities and fulfill her financii: obligations as they
become due subsequen::o the entry of a divorce decree.
\VHEREFORE, P,aintiff prays that this HonorableCoun g:-ant her Permanent
."'-limony subsequent to ;he entry of a Decree in Divorce until suei: :ime as the law will
allow and provide.
Respectfully submitted:
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BY: HAZLETT & OESTERLING
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VERIFICA TION
1. the undersigned, a: 3ereby verifY that the statements made in the foregoing
Instrument is true and :0:rect to the best of my knowledge, informati0D and belief.
I understand that statemffits herein are made subject to the penalties c::the 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
Dated:
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ITEMS IN HUSBAND'S POSSESSION
MARITAL HOME EQUITY
(Value less mortgage)
$10,654.59
TOYOTA VAN
$ 1,900.00
FURNITURE
$ 4.975.00
TOTAL VALUE:
$17,529.59
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ITEMS IN WIFE'S POSSESSION
BANK ACCOUNTS
FURNITURE
401K
$6,441.70
$13,620.00
$ 3.914.00
TOTAL VALUE:
$23,975.70
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ITEMS TO BE DISTRIBUTED
MICHIGAN LAND
(to be sold)
$30,000.00
STOCK 50 SHARES AOL
$ 1.276.00
TOTAL:
$31,276.00
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LIABILITIES PAID BY HUSBAND
MAGIC WINDOW COMPANY
(windows in house)
V AN LOAN
$7,000.00
$3.600.00
TOTAL:
$10,600.00
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PROPOSED LANGUAGE FOR MILITARY RETIREMENT PROVISION
In the event husband retires from the u.s. military, wife will receive for
years a portion of husband's monthly military retirement pay calculated as
follows:
1. Calculate husband's monthly base pay as of the month of separation, October
2000. (approximately $2,191.00)
2. Deduct that portion of his monthly military retirement pay that is attributable to
medical disability.
3. Divide in half the monthly retirement pay amount resulting from steps I and 2
above.
4. Determine the marital coverture fraction(12 years marriage of20 years service
as of date of separation).
5. Multiply coverture fraction times amount resulting after step 3.
6. Wife to be paid one half of amount resulting from step 5 (approximately
$325.00 per month).
This calculation assumes husband retires with 20 years of service.
In the event that husband does not retire from the military, wife waives all claims
to any pension, retirement fund or employee benefit of husband.
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SCALERA LIST OF ASSETS & LIABILITIES
Date of Marriage:
Date of Separation:
I.
REAL ESTATE
A. 510 Ohio Avenue
Lemoyne, P A 17043
Wells Fargo Mortgage
Equity
B. Vacant land - 10 acres, Mayville, Michigan
Value
II. STOCK
A. 50 shares of AOL stock
$25.52 per share
II BANK ACCOUNTS:
A. Allfirst Bank Checking 00820-7415-1
Balance on 9/18/00
Wife withdrew 9/29/00
Wife withdrew 10/10/00
Balance on 10/18/00
Wife withdrew 10/23/00
Wife closed account 11/13/00
B. Allfirst Bank Savings 8-000-000-2027136
Balance on 10/23/00
Wife closed account 10/30/00
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November 15, 1989
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October 20, 2000
$176,300.00
$165,645.41
$ 10,654.59
$30,000.00
$1,276.00
$6,198.54
$1,000.00
$3,000.00
$2,717.00
$2,000.00
$243.16
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IV. AUTOMOBILE
A. 1989 Toyota Mini Van
$1,900.00
(Van in possession of wife from 10/20/00 to 10/1/01 when vehicle returned to husband)
Husband paid offloan on van in November 2000 for $3,600.00
V. HOUSEHOLD FURNITURE & FURNISHINGS
Appraised value
$18,595.00
VI. RETlREMENT/401K's
Military Retirement
Fidelity Investment (401K)
No value
$3,914.00
VII. LIABILITIES
A. Wells Fargo Mortgage Company
$165,645.41
B. Magic Window Company
$ 7,000.00
TOTAL MARITAL ASSETS =
$234,512.70
LIABILITIES =
$172,645.41
EQUITY =
$ 61,867.29
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.0'" Roll Top Desk $ 200.00
french Provincial bedroom suite wI single bed $ 500.00 ~oo. CO
. (;.Ie Original oil paintings $ 200.00
.00 Kenmore vacuum $ 75.00
.0' Gossip bench . $ 250.00
4 original oil paintings $ 400.00 LfOQ.o-o
.cJO Mirror $ 300.00
Sofa & loveseat $ 700.00 70().OD
Coffee & end tables $ 300.00 700.DD
Recliner . $ 150.00 I~O,oo
Il' 2 oil paintings $ .175.00
Rug $ 400.00 q()o,o-"
Lamp $ 50.00 SO. 0'0
(lO TV & VCR ' . $ 150.00
00 Chandelier ... $ 300.00
.o~ Marble figurine $ 150.0Q
.00 Misc. in living room $ 100.00
.0<> Clothes tree . $ 60.00
Maytag Refrigerator $ 500.00 S-oo. ~
.00 Still life painting $ 150.00
.00 Bar stools . $ 200.00
Cappichino machine $ 150.00 Irro.oo
... Crystal glasses $ 90.00
~fJ.. Misc. small appliances $ 150.00 7iS. C 0
t Misc. glassware, dishes, utensils $ 20.00 /0.1>0
Misc. pots, pans, bakeware $ .20.00 /0.0<>
I~ Queen Anne dining table & 8 chairs $ 1,200.00
.00
Chandelier $ 750.00 7.>0./)'O
.00 Oil painting $ 80.00
.00 Wall units . $ 1 ,500.00
~ Sofa, loveseat, 2 chairs $ 2,200.00
0 . Sofa tabl~L $ 150.00
,0 Marble top table $ 175.00
.00' Oil painting . $ 75.00
.00 Lamps $ 80.00
.00 Misc. in family room . $ 40.00
Lithographs $ 80.00 }la.o?>
.0" Bedroom suite. dresser, chest of drawers, chest on chest, queen bed, 2
.00 night stands $ 2,800.00
Spanish chest $ 200.00
.01> Lamps $ 75,00
.00 High stepper exercise machine $ 100.00
Kitchen Aid washer & dryer $ 500,00 SOC.O"
Nordic Trak treadmill $ 350.00 3S0.00
00 Universal gym $ 2,400.00
:~ Misc. in basement $ 100.00 .>0.00
TOTAL $ 18,595.00
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John Scalera requests the return of these personal items:
1. Marble figurine;
2. One clothes tree;
7. posters from Italy;
8. China given to John by mother;
9. Decorative plates (black china);
10. Model cars;
11. Pewter vase and pewter flowers
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6535
E. Robert Elicker, "
Divorce Master
Traci do Colyer
Office Manager/Reporter
West Shore
697-0371 Ext. 6535
October 8, 2001
Francis A. Zulli, Esquire
WION, ZULLI a SEIBERT
109 Locust Street
P.O. Box 1121
Harrisburg, PA 17108-1121
Greg S. Hazlett, Esquire
HAZLETT a OESTERLING
20 South Market Street
Mechanicsburg, PA 17055
RE: John B. Scalera vs. Trinidad Scalera
No. 00 - 7217 Civil
In Divorce
Dear Mr. Zulli and Mr. Hazlett:
Mr. Zulli has returned the certification document indicating that
discovery is complete. I do not see any response in the file from Mr. Hazlett. I
am going to assume, therefore, that there are no outstanding discovery issues
and that we will not be dealing with any discovery matters at the time of the
pre-hearing conference.
A complaint in divorce was filed on October 19,2000, raising grounds for
divorce of irretrievable breakdown of the marriage and indignities. I am going
to proceed on the basis that grounds for divorce are not an issue and that the
parties will either sign affidavits of consent or have been separated for a
period in excess of two years.
The complaint also raised the economic claim of equitable distribution.
No claims have been raised for alimony or counsel fees and costs.
In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to
file a pretrial statement on or before Friday, November 2, 2001. Upon receipt
of the pretrial statements, I will immediately schedule a pre-hearing
.
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Mr. Zulli and Mr. Hazlett, Attorneys at Law
8 October 2001
Page 2
conference with counsel to discuss the issues and, if necessary, schedule a
hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTE: Sanctions for failure to file the pretrial statements are set
forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED
IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY
TO OPPOSING COUNSEL.
FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED
BY THE MASTER MAY RESULT IN THE MASTER'S
APPOINTMENT BEING VACATED.
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LAW OFFICES
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DAVID A. WI ON
FRANCIS A. ZULLI
JEAN D. SEIBERT
109 LOCUST STREET
P,O. BOX 1121
HARRISBURG, PENNSYLVANIA 17108-1121
(717) 236-9301
(717) 232-1488
FAX (717) 236-6100
Emait: wzs@mindspring.com
VICTOR A. BtHL
ROBERT J. TRACE
OF COUNSEL
September 14,2001
113 EAST MAIN STREET
HUMMELSTOWN, PA 17036
(717) 566-2501
E. Robert Elicker, II, Esquire
9 North Hanover Street
Carlisle, Pennsylvania 17013
RE: John B. Scalera vs. Trinidad Scalera
No. 00-7217 CIVIL
Dear Attorney Elicker:
Please find enclosed the certificate regarding your appointment as Master in the
above referred to matter. I apologize for the long delay in returning this document to you
but unfortunately, it was misplaced in the file and did not come to my attention until just
recently.
Very truly yours,
F AZ:wsp
Enclosure
cc: Greg Hazlett, Esquire
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JOHN B. SCALERA,
Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 7217 CIVIL
TRINIDAD SCALERA,
Defendant
IN DIVORCE
TO: Francis A. Zulli
Attorney for Plaintiff
Gregory S. Hazlett
Attorney for Defendant
DATE: Tuesday, July 10, 2001
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
JOHN B. SCALERA,
(Defendant in Counterclaim)
PLAINTIFF,
No. 00-7217
Civil Action---Divorce
V.
TRINIDAD SCALERA
(Plaintiff in Counterclaim)
DEFENDANT,
NOTICE TO DEFEND AND CLAIM OF RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within (20) days, You are warned
that if you fail to do so, the case may proceed without you and a judgment may 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.
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 AVENUE
Carlisle, Pennsylvania 171 01
(717) 249-3166
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYL VANIA
JOHN B. SCALERA,
(Defendant in Counterclaim)
PLAINTIFF,
No. 00-7217
Civil Action---Divorce
V.
TRINIDAD SCALERA
(Plaintiff in Counterclaim)
DEFENDANT,
A VISO PARA DEFENDER Y RECLAMAR DERECHOS
USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas
expuestas en las paginas siguientes, debe tomare accion con prontitud. Se Ie avisa que si
no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulaminento
puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en
su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Usted
puede perder dinero, 0 propiedades u otros derechos importantes para usted,
Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del
matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros
matrimoniales esta disponible en la officina del Prothonotary, en la Cumberland County
Court of Common Pleas, 1 Courthouse Square, Carlisle, Pennsylvania.
SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL.
HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL
DECRETO FINAL DE DIVORCIO 0 ANULIAMIENTO SEA EMITIDO. USTED
PUEDE PERDER EL DERECHO A RECLAMAR CUALQUlERA DE ELLOS.
USTED DEBELLEV AR ESTE PAPELA UN ABOGADO DE INMEDIATO SI NO
TIENE 0 NO PUEDEPAGAR UN ABOGADO. V AYA 0 LLAME A LA
OFFICINA INDICADA ABAJO PARA A VERIGUAR DONDE PUEDE
OBTENER ASISTENCIA LEGAL.
SERVICIO DE REFERENCIA DE ABOGADO
2 LIBERTY AVENUE
Carlisle, Pennsylvania 171 01
(717) 249-3166
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYL VANIA
JOHN B. SCALERA,
(Defendant in Counterclaim)
PLAINTIFF
Civil Action----Divorce
No. 00-7217
VS.
TRINIDAD SCALERA,
(plaintiff in Counterclaim)
DEFENDANT
DEFENDANT'S ANSWER TO PLAINTIFF'S DIVORCE COMPLAINT UNDER
3301 (C) 3301 (A)(6) AND COUNTERCLAIM
1. ADMITTED.
2. ADMITTED.
3. ADMITTED.
4. ADMITTED.
5. ADMITTED.
6. ADMITTED,
7. ADMITTED.
8. ADMITTED.
9. ADMITTED.
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10. (a) ADMITTED
(B) DENIED. The defendant in this action has not in any way, nor at any time,
exposed the Plaintiff to any indignities within the marriage and has not made the
Plaintiffs life intolerable or burdensome. The Plaintiff, has however, made the
Defendant's life intolerable to the extent that for a two year period he has refused
to engage in any physical relations with the Defendant and has demanded that she
leave the marital residence.
11. ADMITTED.
12. ADMITTED
COUNTERCLAIM IN DIVORCE UNDER PENNSYLVANIA RULE OF CIVIL
PROCEDURE 1920.15 OF THE DIVORCE CODE
NOW COMES, the above name defendant, to the aforementioned Divorce Complaint
and plaintiff in this Counterclaim by and through her counsel Gregory S, Hazlett, Esquire
and alleges and avers the following as hereinafter cited in separately numbered Counts
and paragraphs in support of her Counterclaim.
COUNT I
ALIMONY PENDENTE LITE
1. Defendant, Trinidad Scalera, ie (Plaintiff in this Counterclaim) lacks sufficient
income and resources to provide for her reasonable needs during the pendancy of
this action,
2. Defendant (plaintiff in this Counterclaim) is in need of financial assistance to
maintain the standard of living, for which she has become accustomed during her
marriage to Plaintiff, John B. Scalera
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3. Defendant, (Plaintiff in this Counterclaim) Trinidad Scalera, anticipates consummg
a significant portion of her disposable income to defend against and litigate issues relative
to her involvement and participation in the above referenced action initiated by her
husband plaintiff in this divorce action due to the parties incapacity to reach an acceptable
agreement/resolution of marital issues up to this point.
4, Defendant, alleges and avers that she is and will be in need of financial support during
the pendancy of this action to defray the costs and expenses associated with her
involvement in this action.
5, Defendant, ie (Plaintiff in this Counterclaim) alleges and avers that in the absence of
financial support from plaintiff, in the divorce complaint (defendant to this Counterclaim)
she will be prejudiced in the exercise of her legal remedies, which she may be required
to pursue during this action,
6. Plaintiff, John B. Scalera, has sufficient income derived from his full time
employment which substantially exceeds that of defendant's.
WHEREFORE, Defendant, prays this Honorable Court grant her Alimony
Pendente Lite,
HAZLETT & OESTERLING
qui e
ney or Plaintiff
South Market Street
Mechanicsburg, Pennsylvania 17055
(717) 790-0490
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VERIFICATION
I verify that upon personal knowledge or information and belief that the statements
made in this Answer and Counterclaim are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa C.S. & 4904, relating to
unsworn falsification to authorities.
rinidad Scalera
Defendant in Divorce
Plaintiff in Counterclaim
Dated: /I;L- (.s.: e z;
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JOHN B. SCALERA,
PlaintiffiRespondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
TRINIDAD SCALERA,
Defendant/Petitioner
NO. 00-7217 CIVIL TERM
IN DIVORCE
DR# 30,616
Pacses# 640103401
ORDER OF COURT
AND NOW, this lOth day of May, 2001, upon consideration nftheallachedPetition for Alimony
Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear
before R.J, Shaddav onllfav 29. 2001 atlO:30A.M. for a conference, at 13 N. Hanover St., Carlisle, PA
17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be
entered.
YOU are further ordered to bring to the conference:
(I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule
1910.11@
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest.
BY THE COURT,
George E. Hoffer, President Judge
M~9!>pi7s(1'1-
5JJl~4lft6:' ,.
Petitioner
< Respondent
Francis Zulli, Esquire
Gregory Hazlett, Esquire
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R. ,Shadday, Conference Officer
Date of Order: May 10'2001
YOU HAVE THE RlGJlT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE 1'H]l; OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE,
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
,
COMMONWEALTH OF PENNSYLVANIA
JOHN B. SCALERA,
PlaintiffJRespondent
PLAINTIFF
Civil Action----Divorce
No. 00-7217
VS.
TRINIDAD SCALERA,
Defendant/Respondent
DEFENDANT
PETITION FOR APL CONFERENCE
NOW COMES, Trinidad Scalera, Defendant/Petitioner, by and through her attorney,
Gregory S. Hazlett, Esquire of Hazlett & Oesterling and avers as follows:
1. Petitioner is Trinidad Scalera, who resides at 387 Ohio Avenue, Lemoyne, P A.
17043,
2. Respondent, is John B, Scalera, 510 Ohio Avenue, Lemoyne Pennsylvania 17043.
3, Petitioner and Respondent were married on the 15th November 1989.
4. Petitioner and Respondent are the parents of one minor child, Kelifer E, Scalera, bom
October 31 1983.
5. On the 19th day of October 2000 the Respondent filed a Complaint in Divorce under
3301 (a) and 3301 (c) ofthe Divorce Code.
6. On the _, day of
,2
, the Petitioner filed an Answer and a
Counterclaim to Respondent's divorce complaint, wherein Petitioner requested that
Alimony Pendente Lite be awarded to her due to her financial circumstances
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7. A DRS Attachment for APL Proceedings has been filed with the court simultaneously
with this Petition
WHEREFORE, Petitioner, through her counsel requests a conference be held at the
Domestic Relations Section to address her claim for APL.
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Respectfully submitted:
BY:
HAZLETT & OESTERLING
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VERIFICATION
I, the undersigned, do hereby verifY that the statements made in the foregoing
Instruments are true and correct to the best of my knowledge, information and belief.
I understand that statements herein are made subj ect to the penalties of the 18 Pa, C. S,
Section 4904, relating to unsworn falsification to authorities.
Dated: / / j;~/O I
i!fa d~d ;VCoiuLA-
Trinidad Scalera; Petitioner
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
JOHN B. SCALERA,
PlaintiffJRespondent
PLAINTIFF
Civil Action----Divorce
No. 00-7217
VS.
TRINIDAD SCALERA,
DefendantJRespondent
DEFENDANT
CERTIFICATE OF SERVICE
I Gregory S, Hazlett, Esquire, do hereby certify that on the
, day of
, 2 I served a true and correct copy ofthe foregoing Petition for
APL Conference on counsel for the Plaintiffi'Respondent Francis A. Zulli, Esquire
At the address set forth below, by placing a copy ofthe same in the United States Mail,
First class, postage prepaid,
WION, ZULLI & SEIBERT
109 North Locust Street
PO Box 1121
Harrisburg, P A. 17108-1121
BY: HAZLETT & OESTERLING
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LAW OFFICES
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DAVID A. WION
FRANCIS A. ZULLI
JEAN D. SEIBERT
109 LOCUST STREET
P.O. BOX 1121
HARRISBURG, PENNSYLVANIA 17108-1121
(717) 236-9301
(717) 232-1488
FAX (717) 236-8100
Email: wzs@mindspring.com
VICTOR A. BIHL
ROBERT J, TRACE
OF COUNSEL
October 1, 2001
113 EAST MAIN STREET
HUMMELSTOWN, PA 17036
(717) 566-2501
Mr. E. Robert Elicker, II,Esquire
Office of Divorce Master
9 North Hanover Street
Carlisle, Pennsylvania 17013
Dear Attorney
RE: John B. Scalera vs. Trinidad Scalera
No. 00-7217 CIVIL
I am wondering when a pretrial conference and Master's hearing will be scheduled
in the above referred to matter. I would appreciate hearing from your office regarding this
case.
FAZ:sas
cc: Attorney Greg Hazlett, Esq
John B. Scalera
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Commonwealth of Pennsylvania
County of DihlHh. ss:
CUMBERLAND
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Plaiatilf
In the Court of Common Pleaa of
l!IIWJii County, Pennlylvania
Cumberland
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NO...___..n_QQ.-:-.?2_U___QUJ.L..XXUn_ TERM
Defendant
Motion for Appointment of Master
John B. Scalera
following claims:
( X) Plaintiff (
) Defendant moves the court to appoint a master with respect to the
(X) Divorce
( ) Annulment
( ) Alimony
( ) Alimony Pendente Lite
( X) Distribution of Property
( ) Support
( ) Counsel Fees
( ) Costs and Expenses ,
and in support of the motion states:
1. Discovery is complete as to the claim(s) for which the appointment of a master is requested.
2, The defendant ( X) has ( ) has not appeared in the action ( ) personally (X) by his attorney,
Greg Hazlett
, Esquire,
3. The statutory ground(s) for divorce (is) (are)
ni ~Tr.r("'p. ;=tnn p.qlli r~1.1 Po ,.1; err; 1.11r; nn
4. Check the :wplicable paragra,Rh(s).. by check mark:
( ) The action is not contested.
( ) An agreement has been reached with respect to the following claims:
(X ) The action is contested with respect to the following claims:
eauitahlp [1; s:tri hllti on
5. The action ( ) involves (X ) does not involve complex issues of law or fact.
6. The hearing is expected to take
(hours)
1/2
(days) .
], Additional information, if any, relevant to the motion:
AND NOW,
Esquire, is
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aster with respect to the following claims:
,
Date:
J1l1v '3. 2001
,;/-^
PROTHONo - 13
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JOHN B. SCALERA,
(Defendant in Counterclaim)
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL V ANlA
Vs.
NO. 00-7217
TRINIDAD SCALERA
(plaintiff in Counterclaim)
Defendant
CIVIL ACTION - IN DIVORCE
ANSWER TO CLAIM FOR ALIMONY PENDENTE LITE
COUNT I
AND NOW, comes John B. Scalera, the above named Plaintiff (Defendant in
Counterclaim), by and through his attorney, Francis A. Zulli, Esquire, who files the
following Answer to Defendant's (plaintiff in Counterclaim) Counterclaim:
1. Denied. It is denied that the Defendant, Trinidad Scalera, lacks sufficient
income and resources to provide for her reasonable needs during the pendency of the
divorce action. By way of further answer thereto, Plaintiff, John B. Scalera, avers that
Trinidad Scalera is gainfully employed on a full-time basis with Merck-Medco Company
and possesses sufficient earnings to support herself.
2. Denied. It is denied that Trinidad Scalera is in need of financial assistance to
maintain the standard of living for which she has become accustomed during her marriage
to John B. Scalera. By way of further answer thereto, Plaintiff avers that at the present
time Trinidad Scalera is residing with another adult individual of the opposite sex in a
house which John B. Scalera avers and believes is rented by her companion; therefore,
Defendant, Trinidad Scalera, is not obligated to pay any rental expense. Plaintiff avers
that at the time of the separation Trinidad Scalera possessed approximately $20,000.00 in
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cash or bank accounts. She also removed the majority of the household furniture and
furnishings and equipment from the marital residence. It is believed that she possesses
sufficient assets to maintain the standard of living to which she was formerly accustomed
to.
3. Denied. Plaintiff denies that Trinidad Scalera will consume a significant
portion of her disposable income to defend and litigate this action. Plaintiff avers that as
of the current time, Defendant has not engaged in the filing of extensive pleadings,
discovery or other litigation documents that would have required her to expend
substantial funds. The Plaintiff avers that this divorce and equitable distribution action
involves no complex issues which would require either party to expend substantial funds
to litigate this matter to a conclusion or resolution.
4. Denied. For the reasons set forth in the ans~er to paragraph three (3) above,
Plaintiff avers that the Defendant, Trinidad Scalera, will not be in need of financial
support during the pendency of this action to defray the costs and expenses associated
with her involvement in this action. Plaintiff avers that Defendant possesses sufficient
assets from her earnings and from her bank accounts that will provide her with sufficient
assets to defend this action.
5. Denied. It is denied that Defendant will be prejudiced in the exercise of her
legal remedies during the pendency of this action for the reasons set forth in the answers
to paragraph three (3) and four (4) above. Plaintiff further avers that Defendant has
sufficient income and assets to employ counsel to insure that her legal rights are protected
in this action.
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6. Denied. It is denied that the Plaintiff, John B. Scalera, has sufficient income
derived from his full-time employment which substantially exceeds that of the Defendant.
By way of further answer thereto, Plaintiff avers that he is currently supporting the
parties' minor daughter who resides with him by providing for her support, maintenance
and welfare. In addition, Plaintiff is providing for the support, maintenance and welfare
of Defendant's emancipated son who resides with the Plaintiff. He provides housing and
food for the emancipated son. In addition, the Plaintiff is paying all of the expenses for
the maintenance of the marital residence including but not limited to mortgage payments,
real estate taxes, insurance, utilities, etc. In addition, Plaintiff avers that he has paid in
full the automobile loan for the automobile that is currently in the possession of the
Defendant. He continues to pay the automobile insurance for Defendant's vehicle. The
Plaintiff avers that Defendant has sufficient income and assets to defend herself in this
divorce action without the necessity of any alimony pendente lite from the Plaintiff.
WHEREFORE, Plaintiff prays this Honorable Court to deny Defendant's request
for alimony pendente lite.
Respectfully submitted,
BY:
cis A. Zulli, s .
9 Locust Street, .0 Box 1121
.sburg, PA 17 OS
C 7) 232-1488
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VERIFICATION
I verify that the statements made in the ANSWER are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
Dated: May 10, 2001
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
TRINIDAD SCALERA ) Docket Number 00-7217 CIVIL
fI- .'" Plaintiff )
vs. ) PACSES Case Number 640103401
JOHN B. SCALERA JR )
Defendant ) Other State ill Number 3CJ4> I If'
PETITION FOR MODIFICATION
1. The petition of
TRINIDAD SCALERA
respectfully
represents that on MAY 28, 2001
, an Order of Court was entered for
TRINIDAD SCALERA
A true and correct copy of the order is attached to this petition.
Service Type M
Fonn OM-501
Worker lD ~ ~
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SCALERA
V. SCALERA
PACSES Case Number: 640103401
2. Petitioner is entitled to 0 increase 0 decrease 0 termination 0 reinstatement
. other of this Order because of the following material and substantial change(s) in
circumstance:
~~
/?!y?G ~fd, tJl-d 3/_.:z 00 /
WHEREFORE, Petitioner requests that the Court modify the existing order for support.
~~ tkoiMCL-
PetltlOntr Attorney for Petitioner
I verify that the statements made in this complaint are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to
unsworn falsification to authorities.
lO-2o - 0 (
Date
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P titioner
Page 2 of2
Form OM-50l
Worker ID 21204
Service Type M
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LAW OFFICES
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DAVID A. WI ON
FRANCIS A. ZULLI
JEAN D.SEIBERT
109 LOCUST STREET
P,O. BOX 1121
HARRISBURG, PENNSYLVANIA 17108-1121
(717) 236-9301
(717) 232-1488
FAX (717) 236-6100
Email: wzs@mindspring.com
VICTOR A, BIHL
ROBERT J. TRACE
OF COUNSEL
November 1, 2001
113 EAST MAIN STREET
HUMMELSTOWN, PA 17036
(717) 566-2501
E. Robert Elicker, IT, Esquire
Office of Divorce Master
9 South Hanover Street
Carlisle, PA 17013
RE: John B. Scalera vs. Trinidad Scalera
No. 00-7217 Civil in Divorce
Dear Mr. Elicker:
Please find enclosed the Pretrial Statement that I am filing with your office on
behalf of my client, John B. Scalera, the Plaintiff in the above referred to matter.
I assume that your office will be contacting counsel in this matter to arrange for
the scheduling of a pre-hearing conference. I look forward to hearing from you.
FAZ:sas
Enclosure
cc: Greg S. Hazlett, Esquire
John B. Scalera
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DR 30616
PACSES In 640103401
JOHN B. SCALERA,
Plaintiff/Respondent
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: DOMESTIC RELATIONS SECTION
: CIVIL ACTION - LAW
TRINIDAD SCALERA,
Defendant/Petitioner
: NO. 00-7217 CIVIL TERM
ORDER OF COURT
AND NOW, this 7th day of January, 2002, based upon the Court's determination that Petitioner's
monthly net income/earning capacity is $N/A and Respondent's monthly net income/earning capacity
is $N/ A, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and
Disbursement Unit, $350.00 per month payable monthly as follows; $350,00 for alimony pendente lite
and $0,00 on arrears. First payment due next modified wage attachment payment. Arrears set at
$88.39 as of January 7, 2002. The effective date of the order is January 1, 2002.
This order is based upon an agreement through the parties' attorneys.
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 as provided by 23 Pa.C.S.s 3703. Further, if the Court finds, after
hearing, that the Respondent has willfully failed to comply with this Order, it may declare the
Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not
limited to, commitment of the Respondent to prison for a period not to exceed six months.
Said money to be turned over by the P A SCDU to: Trinidad Scalera. Payments must be made by
check or money order. All checks and money orders must be made payable to P A SCDU and mailed
to:
P A SCDU
P.O, Box 69110
Harrisburg, P A 17106-911 0
Payments must include the defendant's P ACSES Member Number or Social Security Number in order
to be processed. Do not send cash by mail.
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This Order shall become fmal ten days after the mailing of the notice of the entry of the Order to the
parties unless either party files a written demand with the Prothonotary for a hearing de novo before
the Court.
DRO: R. J, Shadday
Ma~le~, ~Qpi~s on
[-7'02 to: < '
BY THE COURT,
Petitioner
Respondent
Gregory Hazlett, Esquire
Francis Znlli, Esquire
Edward E. Guido
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State Commonwealth of Pennsvlvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 01/07/02
Court/Case Number (See Addendum for case summary)
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
lJ/(I. tI? 7 d-I 7 (!-I PI L.
;.>~ (,'IOI()~~O/
tin ';O/'I{,
o Original Order/N~tice
@ Amended Order/Notice
o Terminate Order/Notice
) RE, SCALERA, JOHN B. JR
) Employee/Obligor's Name (Last, First, Mil
) 101-56-9095
) Employee/Obligor's Social Security Number
) 4364100642
) Employee/Obligor's Case Identifier
) (See Addendum for plaintiH names associated with cases on attachment)
) Custodial Parent's Name (Last, First, MI)
)
Employer/Withholder's Federal EIN Number
DFAS CLEVELAND CENTER*
EmployerlWithholder's Name
C/O DFAS CODE L
EmployerlWithholder's Address
GARNISHMENT OPS
PO BOX 998002
CLEVELAND OH 44199-8002
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support
from. CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 350.00 per month in current support
$ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes @ no
$ 0'.00 per month in medical support
$ 0.00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 350.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 80.77 per weekly pay period.
$ 161.54 per biweekly pay period (every two weeks).
$ 175.00 per semimonthly pay period (twice a month).
$ 350.00 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor'S Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BY THE COURT:
Eotc)~
Form EN-028
Worker ID $IATT
Date of Order:
JAN 8 2002
Service Type M
MWD OMBNo.,0970-0154
/_ ~). Expiration Date: 12131/00
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ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
D If checked you are required to provide a copy of this form to your employee.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2, Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment
to each agency requesting withholding, You must, however, separately identify the portion ofthe single payment that is attributable to
each employee/obligor,
3. * RepOl1il,g tile PayJc\h::!Ddte of'Nitlllloldil.g. 'tv!:.. IlItlst Jepol1 tile payJatbi'Ji:ltc of vvitlll.oldil,g vvl.e.. k..JiI.g tI.e payll.el,t. TI.e
paydatelde\te.. of vvitl.l.vIJ;I'5;;:' lLe date 01. vvLkl. ~llIv..mt vvas vvitl.l.eld nOlo tl.~ c'IlIfJlvyc;c;';:, vvage:). You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and fOlWard the support payments,
4, * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support
against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must
follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest
extent possible, (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for
you. Please provide ~he information requested and return a copy of this Order/Notice to the Agency identified below.
WITHHOLDER'S ID: 2491016300
EMPLOYEeS/OBLIGOR'S NAME: SCALERA. JOHN B. JR
EMPLOYEE'S CASE IDENTIFIER: 4364100642 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6, Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7, Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should
have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law, Pennsylvania State law governs
unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8, Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding.
Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is
employed governs,
9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.s,c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxesi Social Security taxes; and Medicare taxes.
10.
'NOTE: If you or your agent are selVed with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
Requesting Agency:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (71 7) 240-6225 or
by FAX at (717) 240-6248 or
by Internet @
Page 2 of 2
Form EN-028
Worker ID $IATT
SelVice Type M
OMB No.: 0970-0154
Expiration Date: 12131!OO
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ADDENDUM
Summary of Cases on Attachment
JOHN B. JR
Defendant/Obligor: SCALERA,
640103401~7~/Go
PACSES Case Number
Plaintiff Name
TRINIDAD SCALERA
Docket Attachment Amount
00-7217 CIVIL$ 350.00
Child(ren)'s Name(s):
DOB
d:;~~~~~~~~~~~;;~;~~~i;~~:~~~;~;:;~~~~il~;;~~;..... .....< .......... .
identified above in any health insurance coverage available
through the employee'sfobligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
D If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee'sfobligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DaB
D If checked, you are required to enroli the child(ren)
identified above in any health insurance coverage available
through the employee'sfobligor's employment.
Service Type M
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s}:
DaB
D If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee'sfobligor's employment.
PACSES Case Number
Piaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DaB
..dl;~~~~~~d,~~~;;~;:~~i;~~;~~~;~il;~~~~ii~(;:~;iii............/..
identified above in any health insurance coverage available
through the employee's/obligor's employment.
Addendum
Form EN-028
Worker ID $IATT
OMBNo.:0970-0154
Expiration Date: 12/31/00
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Co
State Commonwealth of Pennsylvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 07/17/01
Court/Case Number (See Addendum for case summary)
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
DR/., DO-7;;;';7 elt/lt.
jJ~[';; & l/0I0-3 (,/0/
~ 30&'/4>
o Original Order/Notice
@ Amended Order/Notice
o Terminate Order/Notice
JRE:SCALERA, JOHN B. JR
) Employee/Obligor's Name (lastl First, MI)
J 101-56-9095
) Employee/Obligor's Social Security Number
J 4364100642
1 Employee/Obligor's Case Identifier
1 (See Addendum for plaintiff IJames associated with cases on attachment)
) Custodial Parent's Name (last, First, Mil
)
EmployerlWithholder's Federal EIN Number
DFAS CLEVELAND CENTER
EmployerlWithholder's Name
C/O DFAS CODE L
EmployerlWithholder's Address
PO BOX 998002
CLEVELAND OH 44199-8002
See Addendum for dependent names and birth dates assodated with cases on attachment.
ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 146.00 per month in current support
$ 50.00 per month in past-due support Arrears 12 weeks or greater? o yes @ no
$ 0.00 per month in medical support
$ 0 00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 196.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 45.23 per weekly pay period.
$ 90.46 per biweekly pay period (every two weeks).
$ 98 00 per semimonthly pay period (twice a month).
$ 196.00 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following informatiDn is
needed (See #9 on pg, 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SeDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BY THE COURT:
Service Type M
MAILED
7 -/9' .()/
IJ{}
Form EN-028
Worker 10 $IATT
Date of Order: JUL IB ..
OMB No.: 0970-0154
Expiration Date: 12131100
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..
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If checked you are required to provide a copy of this form to your employee,
1, Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income,
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below,
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment
to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to
each employee/obligor.
3.:t: Repoltil.g lIle F' aydate/Dare of ~vVitlll,6IJil.g. ~/vt. IIIU.:It lepolt tl.e paydateldate of vvitlllloldil15 VVII'J" .:Icl,dillg tIle paylllel.t. TI.<;;
paydatG/J<!..tc vf vvitl,l,oldillg is tLe date 011 vvl.id. alllvt...t m1.:1 vv;tl.l.eld -nOI,l tI.e ehlployee's vvagG!.. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments,
4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support
against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must
follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest
extent possible, (See #9 below)
5, Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for
you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below,
WITHHOLDER'S ID: 2491016300
EMPLOYEE'S/OBLiGOR'S NAME: SCALERA, JOHN B. JR
EMPLOYEE'S CASE IDENTIFIER: 4364100642 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should
have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs
unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs,
8, Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding.
Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is
employed governs.
9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxesi Social Security taxes; and Medicare taxes.
10.
"NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
Requesting Agency:
DOMESTIC RELATIONS SECTION
13 N HANOVER ST
P.O. BOX 320
CARliSLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (71 7l 240-6225 or
by FAX at (71 71 240-6248 or
by Internet @
Page 2 of 2
Form EN-028
Worker ID $IATT
Service Type M
OMB No.: 0970.0154
Expiration Date: 12131/00
~ >
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ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: SCALERA,
PACSES Case Number 640103401 0tJ(,/&
Plaintill Name Y :.-
TRINIDAD SCALERA
Docket Attachment Amount
00=7217 CIVIL$ 196.00
Child(ren)'s Name(s): DOB
.......,.....'."...,..........................,...,.............,......"..,.."...,...,..."."..,...,....,..",.."".""."".",.",. ".' "...",. ""."'.". .",'."
DI;~~~~~~~:..~~~. ~;~;~~~i;;~;~~~;~;i;~~~~il~(;;~r.. ... .
identified above in any health insurance coverage available
through the employee'sfobligor's employment.
PACSES Case Number
Plaintill Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee'sfobligor's employment.
PACSES Case Number
Plaintill Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee'sfobligor's employment.
Service Type M
JOHN B. JR
PACSES Case Number
Plaintill Name
Docket Attachment Amount
$ 0.00
Chlld(ren)'s Name(s):
DOB
.bIJ~~:~~:~;;~~~;~;:~~i;:~;: ..~~;~llt~:~~;i~(;~~).... .... .... ...........
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintill Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee'sfobligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00.
Child(ren)'s Name(s):
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee'sfobligor's employment.
Addendum
Form EN-028
Worker ID $IATT
OMS No.: 0970-0154
Expiration Date: 12/31/00
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ORDfR/NOTJCE TO WITHHOLD INCOME FOR SUPPORT
p,eE-. 00-70l/7 (?/V'/t:-
State Commonwealth of Pennsvlvania I'/}(f>$$ 4:> ~b/Di).~t)/
C07City/Dist. of CUMBERLAND A_
Date of Order/Notice 08/29/01 '.;ft., ;204>/4>,", '
Court/Case Number (See Addendum for case summary)" -
o Original Order/Notice
@ Amended Order/Notice
Ooo_Terminate Order/Notice
) RE, SCALERA, JOHN B. JR
- - .)',=~ --Emplo'yeeil(1)ligo?s Name (last,-Fi"rst, MI)
) 101-56-9095
) 'EmployeeJOllTigors -SoClafSecurity Nu-mher
) 4364100642
) -Em-ployee70bngor'-s.Case"loentifier
) (See Addendum for plaintiff names associated with cases on attachment)
- - T" --'Cust6dfar Paren-es ~Nam-e (lasf,' First, 'MO- .
')
EmployerlWithholder's Federal EIN Number
DFAS CLEVELAND CENTER*
EmployerlWithholder's Name
C/O DFAS CODE L
EmployerlWithholder's Address
PO BOX 998002
CLEVELAND OH 44199-8002
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA nON: This is anOrderlNotice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwei'tlth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named empIDyee's/obligor's income until further notice even if the Order/Notice is not
issoed by your State.
$ 146. DO per month in current support
$ 100.00 per month in past-due support Arrears 12 weeKS orgreafer? @yesO no
$ 0.00 per month in medICal support
$ 0 _ 00 per month for genetic testc()sts_
$ per month in other (specify) ______ n
for a total of $ 246.00 per month toTie-,orwardedto-payeebelow.
---- --------------------- ----
-- --- --- -- - - -- - --
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered s,upport payment cycle, use the following to determine how much to withhold: ' - --- '~_-'--'--.-~-~c
$ 56.77perweekly pay period. 0=--, _ ~
$ 113.54 per biweekly pay period (every two weeks). __=:::_ - _ _1___
$ 3.23. DD per semimonthly pay period (twice a month). ':-'A _ ~_ __
$ 246.00 per monthly pay period. -.. J
REMITTANCE INFORMATION: ~-~ ~
You must begin withholding no later than the first pay period occurring ten (10) working day:"" - - - -----
Order/Notice. Send payment within seven(?) working days of the paydateldate ofwithholdi'-----' -- --ee., .~~ ,
deduct a fee to defray the cost of withholding. Refe[to theJaws_gov.erning the work state of~ . _.. .
the allowable amount. The total withheld amount, and your fee, cannot exceed 55'/, of the empToye'e'SFODTIg"ar,
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-958Qfor instructions.,
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER JD (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BY THE COURT:
Service Type M
.:. ~D ~~€
iJlAILD I ~MBNO.:0970'OlS4
-----V-' A, J) .. [, "pi~ti'" 0". 12/31/00
Date of Order: AUG 3 0 2001
=~~ -~,
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ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
D If checked you are required to provide a copy of this form to your employee,
1. Priority: Withholding LInder this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect befor~ receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below,
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment
to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to
each employee/obligor,
3. * RctJult;l,g tLe Pay date/bate of lvVitl,l,old;115. \'VU 111I..t:tt ICtJUlt tile pay date/date of vvitLLoldil,s VVII<:';1I :tdldihg tile pdylllellt. Tile
paydate/date of vvitlll,oldil,5;5 tL<:> Jab:, VII vvLid, alllOullt vvas vvitl,l,cld flOl1l tile elllploye(.'s vvagc!. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4." Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support
against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must
follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest
extent possible. (See 119 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for
you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below,
WITHHOLDER'S ID: 2491016300
EMPLOYEE'S/OBLlGOR'S NAME: SCALERA, JOHN B. JR
EMPLOYEE'S CASE IDENTIFIER: 4364100642 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should
have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law, Pennsylvania State law governs
unless the obligor is employed in another State, in which case the law of the State in which he.or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding.
Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is
employed governs.
9.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U,S.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE), ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes.
10,
'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with resped to these items.
Requesting Agency:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
con tad
by telephone at (71 7) 240-6225 or
by FAX at (7171 240-6248 or
by Internet @
Page 2 of 2
Form EN-028
Worker ID $IATT
Service Type M
OMBNo.:0970-0154
Expiration Date: 12/31/00
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: SCALERA, JOHN B. JR
PACSES Case Number 640103401 3,;7(,1(,
Plaintiff Name / ..;
TRINIDAD SCALERA
Docket Attachment Amount
00-7217 CIVIL$ 246.00
Child(ren)"s Name(s);
,,""""''''''-- .,~_."
,
~
DOB
'dl;~~~~'~~~:;~'~"'~;~.;~~~i;~~;~:'~;~II;~~~~ii~i:~~;(........ .... .
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)"s Name(s);
DaB
D If checked, you are required to enroll the child(ren}
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)"s Name(s);
DOB
.bl;"~~~~'~~~:;~~;;~;~~~i;~~;~~~;~II;~~'~~;I~i;~~~i\i .................,
identified above in any health insurance coverage available
through the employee's/obligor's employment.
Service Type M
.
" '""
<...,;..." ,",
':i.d,
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)"s Name(s};
DaB
bli'~~~~~~d:;~~~;~;~~~i;;~;~;~;~;I;~~.'~~ild(;~~~'..'\i.............
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)"s Name(s);
DaB
D If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee'sfobligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s);
DOB
...dl;~~~~~~~:;~~~;~;~~~i;~~:;~~:~II..;~~.~~ii~.i;~~ii/............. .....
identified above in any health insurance coverage available
through the employee's/obligor's employment.
Addendum
Form EN-028
Worker 10 $IATT
OMBNo.:0970..Q154
Expiration Date: 12131/00
~~~MM;;iC"~"~"#.~clwid~iI?11llil;lJ'iM,"b*,\Jb~';',,,..f,,,,",.I";;i,,.':!<ll~';'li,~,,*,."J&jjj,*,~;>'"
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State Commonwealth of Pennsvlvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice OS/29/01
Court/Case Number (See Addendum for case summary)
lolfO /0 340 J
00' '7,7 ( '1 [.t'v; I
~o <OIl,.>
@ Original Order/Notice
o Amended Order/Notice
o Terminate Order/Notice
...
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
) RE: SCALERA, JOHN B. JR
) Employee/Obligor's Name (last, First, MI)
)
)
)
)
)
)
)
101-56-9095
Employee/Obligor's Social Security Number
4364100642
Employee/Obligor's Case Identifier
(See Addendum far p/aintiH names assadated with cases on attachment)
Custodial Parent's Name (last, First, MI)
EmployerlVVithholder's Federal EIN Number
DFAS CLEVELAND CENTER
EmployerlVVithholder's Name
C/O DFAS CODE L
EmployerlVVithholder's Address
PO BOX 998002
CLEVELAND OH 44199-8002
See Addendum for dependent names and birth dates associated with cases on attachment.
i
ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further'notice even if the Order/Notice is not
issued by your State.
$ 146.00 per mDnth in current support
$ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes @ no
$ 0.00 per month in medical support
$ 0 00 per month fDr genetic test costs
$ per month in other (specify)
for a total of $ 146 .00 per month to be forwarded to payee below.
YDU do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how"Mot(;hto withhold:
$ 33. 69perweekly pay period, '
$ 67.38 per biweekly pay period (every two weeks).
$ 73.00 per semimonthly pay period (twice a month).
$ 146.00 per monthly pay period,
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date Df withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
the allowable amount. The tDtal withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) EmplDyer
Customer Service at 1-877-676-9580 for instructiDns.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BY THE COURT:
Date of Order: May 31, 2001
DRO: R. J. Shacl.Clay
cc: Jolm B. Scalera, Jr., defendimt
Service Type M
OMBNo.:0970-0154
Expiration Date: 12/31/00
J.
Form EN-028
Worker 10 $IATT
.JQI 0 5 2001
~,~. .-
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-
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If checked you are required to provide a copy of this form to your employee.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment
to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to
each employee/obligor.
3. * R-epOltil,g tl.e r--aydatelDate ofV/;t1.I.vldil,g. Y-ou lul:l.it .epolt tlte pdydlltG/Jatt v{ n itl.l.oldil.g nl.61, ;:td.dihg tI.e paylll<:OllL. TI.e
j..-ityJC:lh::/date of vvitl.l.oIJ;"5 is tI.e date oil vvL;cL allloullt vvas vvitLL...IJ hOll1 tLe elllploy......';:t vva5es. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4,' Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support
against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must
follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest
extent possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for
you, Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
WITHHOLDER'S ID: 2491016300
EMPLOYEE'S/OBLlGOR'S NAME: SCALERA. JOHN B. JR
EMPLOYEE'S CASE IDENTIFIER: 4364100642 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. IFyou have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should
have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs
unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding.
Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is
employed governs.
9.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.s.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE), ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxesi'Social Security taxesi and Medicare taxes.
10,
'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with resped to these items.
If you or your employee/obligor have any questions,
contad WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by Internet @
Requesting Agency:
DOMESTIC RELATIONS SECTION
P.O. BOX 320
CARLISLE PA 17013
Page 2 of 2
Form EN-028
Worker ID $IATT
Service Type M
OMBNo.:0970-0154
Expiration Date: 12/31/00
~ '
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-
'.--"_jE~1ld.L~f~'" I
.-
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: SCALERA, JOHN B. JR
PACSES Case Number 640103401
Plaintiff Name
TRINIDAD SCALERA
Docket Attachment Amount
00-7217 CIVIL$ 146.00
Child(ren)'s Name(s):
PACSES Case Number
Plaintiff Name
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
':::::'..:::':..,',:,::':>.-::,:,:-:',,:.:,.:.',:';,".,':'::':,::':.,"':::.,::.,.:,:,. ::-:-:::.:.::.'
d If check~d, you are;equlred ;0 enr~1I the child(ren)"
identified above in any health insurance coverage available
through the employee's/obligor's employment.
.................. ...................... .'.'.. ... .'..... ........'.. . ' .....
.......:.:... ....::: :.:::':'. .: '.' '..:: '," ..............:..:::..: :....... .....
." .......... .... ................ .................
Dlfch~~k~d, you ;rer~q~iredto ~nrollth~ chlld(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s}:
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
Addendum
Form EN-028
Worker ID $IATT
SeNice Type M
OMBNo.:0970-0154
Expimtion Date: 12131tOO
~"
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DR 30.616
C 640103401
TRINIDAD SCALERA ,
PLAINTlFFIPETlTlONER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS
CIVIL ACTION - LAW
JOHN B. SCALERA. JR. ,
DEFENDANTIRESPONDENT:
NO. 00- 7217 CIVIL
ORDER OF COURT
AND NOW, this 30th day of May, 2001, based upon the Court's determination that
Petitioner's monthly net income/earning capacity is $ 1558.00 per month and Respondent's monthly
net income/earning capacity is $ 2965.12 per month, it is hereby Ordered that the Respondent pay to
the Pennsylvania State Collection and Disbursement Unit, $ 146.00 a month payable $ 73.00 semi-
monthly as alimony pendente lite, effective April 23. 2001 . Arrears set at $ 146.00 as of May 30.
2001.
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 as provided by 23 Pa.C.S.g 3703. Further, if the Court
finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare
the Respondent in civil contempt of Court and its discretion make an appropriate Order, including,
but not limited to, commitment of the Respondent to prison for a period not to exceed six months.
Said money to be turned over by the Pa SCDU to: Trinidad Scalera. Payments must be made
by check or money order. All checks and money orders must be made payable to Pa SCDU and
mailed to:
Pa SCDU
P.O. Box 69110
Harrisburg, PA 17106-9110
Payments must include the defendant's P ACSES Member Number or Social Security Number
in order to be processed. Do not send cash by mail.
This order is based upon the fact that the parties' minor child resides with husband and
husband is paying the mortgage on the marital home and pays the car insurance for wife.
.~.~,
J.,,-,-
'~~("~
. -
This Order shall become final ten days after the mailing of the notice ofthe entry of the Order
to the parties unless either party files a written demand with the Prothonotary for a hearing de novo
before the Court.
Copies delivered to parties on
Consented:
Plaintiff/Petitioner
Plaintiff/Petitioner's Attomey
DefendantJRespondent
Defendant/Respondent's Attorney
DRO: R. 1. Shadday
cc: Trinidad Scalera, plaintiff
John B, Scalera, Jr., defendant
Gregory S. Hazlett, Esquire
Francis A. Zulli, Esquire
BY THE COURT,
Edward E. G~
1.
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ORDUl/N01ICE 10 WITHHOLD INCOME FOR SUPPORT
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DateofOrdf!r/l~otice 12/03/01 ,L:Jl(. ,,:~(if.~;'~/L[;:"
Coun/CaSQ i',jumber (si)(!'-~4daendum fOf case summilry)
() Origin;l] Ord,-.r/N(-,tl(1~
<X) t\nwnded Otder:N(+fki.~
() T,'rrnin~t,.,\ ()~'(:h\r.'N(,!i( ,:
Slat,; J:Qmmoowl'alth of P~onsylvilnia
Co./City/Dist of CUMEE.R.I.d~,.ND
F.~.;j~~i~l\",-.r.'\.vd:hhoH"H',". r:"cdf'1',:,i ClI'J t'JumL-c'f
DFAS CLE'ilELJ.\,ND C'EN.rE.R....
r"i'npk-;-;;~~';;;\'ithhu[t.k'r'" No1!lW .
c;.lQ.....?E~S COD~._J.
f rnploy,.rr'\Vithhnk!..'r' '" .4,ddn-~',~
1 RE: SCALERA} ,JOHN B. JP.
r:rnplov,"~::.'Ubligor'~ Natm" i,1..dst, Fit~;1. I\-'U':
101-56-9095
Empl(lY~l,-'/Obl~~:n'r"'~ S(lei.]1 tj,'(-unt1,: r-JLimb....r
4364100642
'E'iTij~~;~,;i;;:''}(5i)fi~~~;;;:',:; C.ase Iden1 ifjf~r
9.?4:~J._$._tIT_~_N];, \) fig
PO __F2..0X 9980Q..:;i._
CLEVEI,)'J,J.o.rD OH 441.99..,8002
(S€'f:' Addf!m.":!.m {OJ" plaintiff 'Mme.::; f),~Q{iatf:d with Cd,S"f.".s: on rlttu~:hm~!1t)
Cuslodi,,! PMf'nt's i'/3/n,.2 ,:L,..,.l, Fir~l. I'.U',
S,!!' Ari<ffmdum tor depf'.rlde!ll Ililrrws dud birth ddtes ds,mciiJl~'d wit!> CdS,'" Oil .ltlacllm,mt
ORDER f/,,!fO,r,z'!\..tA rtO,~"';; This is an On:Jer/I".JoUce to \VHhhold Im.:orn(~ for Support based upon an order for support
from CUf>1BERLAND C01.ml'y'l CornnH)n\iVt:~alth of Penns'}:Iv,"Hlia. By lavv; Y(.\ILJ ,,'ire n:-qufred to deduct the::.e
arnounts (rom the ab{J\..'e~narned eniployeei's/oblfgor'S incomt:: until {ulther notice even if the Order/r...Joiice is not
issuer! by Y'OUf State.
$ 1,16.00 per t1lOnth in current support
$ 0.00 per rnonth In past--due SUPPOlt
$ =:===:~Q._..~_Q_Q_per rnonth in
$ o. 00 per
$ pel'
for a total or $-
A.rn:-:ars '12 weeks or greater?
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() ~'es 'Xi no
below.
Vou do not hi:l.\/e to \':i:H"'y' your
the ordered support p~-lvnHmt '.:
$ 33. 69 pf~r \veeklv
$ 67. 38 pf~r bhveekh
$ '73.00 per 5,f!rnirnon"
:$ ____._U\LJj.~tper rnonthl';l
REMtTTANCF.' n\i.fOr~!\,'lAlfOJ\I:
You must begin vvHhhoidillg no later than the first pav period occurring t.en (l0l vlorking cLays (1.ftf:~[, the date ot' thl's
Ordet/t\Jotio.'-;, Si.~nd payrnent vvithin se\.:en (7) \.vorking dl.Ws of the paydate/dat.e of 'w~thholding. You .?ire- entitled to
d!?ducl a f(~(~ to d\~frav the cosr of v~ithholding. Refer to the !avvs gC)'.jerning the v\!ork state of '/our e.rnployee for the
the dliov,:;:lbt(~ arnount. The total \sithheid arnounL and your fi:~et cannot e;.;ceed 5SI.),o of the ernployee's/ obligor's
aggrl2g;:ite ("hsposable w{:~ekly Nll.fdng~\, for the purpose o( I-he IimiUltlon on withholding, tht=.! {ol!ov\:ing inrorrnatfon is
needi:xl <See '#"9 (In pg, 2).
the support oldflr, !f \/our pay cycle does nc;t 1T1dtch
ho\'\' much to '"vithhoid:
it' rernit.t.ing by EFT/fDI, plei:jSf~ G1ii P(~nnsyh/~.mia State Collections and Disbur5f.;"~ment Unit (SCDU~ Employer
CustO!ll(\r S(~rvicp at 1"a??~676-95S0 for instructions,
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa '17106-9112
IN ADOlf/ON, I'A }'MENTS lHuSI' INCl.UDE THE DEFENDANT'S NAME AND THE PACSfS MEM8ER ID tshowiI
aboY<' "" tbe EmploJ,'e,,/Obligor's em' Id,mtifif'f! OR SOCiAL SECURITY NUMBER IN ORDFR 1'0 BE PROCESSED.
DO Nor SEND C,,\SI-/ ll\' MAll.
BV THE COURT:
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Form EN.Cl.28
Work"r ID $IATT
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ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
D If checked you are required to provide a copy of this form to your employee.
1, Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed beiow.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment
to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to
each employee/obligor.
3. * Repoltil,g tile r-oydate!Date o(V/itl.lloIJ:"o' Y uu IIlU;:,t !epOlt tIle pay date/date of n;t1llluldi!,g nl,ell scl,dil15 tile:; ,",ClyIlle!It. TIle
paydatelJatt uf n;t1ILoldihg is tile dak:. 011 nl,:d, OlllUUllt no;:, nitl,lleld nOlll tile elllployce's YHl6'=';:" You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4.' Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support
against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must
follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest
extent possible. (See #9 below)
5, Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for
you, Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
WITHHOLDER'S ID: 2491016300
EMPLOYEE'S/OBLlGOR'S NAME: SCALERA, JOHN B. JR
EMPLOYEE'S CASE IDENTIFIER: 4364100642 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7, Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should
have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs
unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8, Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding,
Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is
employed governs,
9,' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.c. S 1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxesi and Medicare taxes.
10.
'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
Requesting Agency:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by Internet @
Page 2 of 2
Form EN-028
Worker ID $IATT
Service Type M
OMBNo.:0970-0154
Expil<l.tion Date: 12/31/00
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ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: SCALERA, JOHN B. JR
PACSES Case Number 640103401g0fer& PACSES Case Number
Plaintiff Name :; ;; Plaintiff Name
TRINIDAD SCALERA
Docket Attach ment Amou nt
00-7217 CIVIL$ 146.00
Child(ren)'s Name(s):
DOB
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identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's1obligor's employment.
Service Type M
Docket
Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
ti;;~~~~~;~;~~~;;~;~~~i;~~;~~~;~II;~~~~;;d;:~~; ................. . .
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance cDverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
Addendum
Form EN-028
Worker ID $IATT
OMS No.: 0970-0154
Expiration Date: 12/31/00
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
JOHN B. SCALERA,
Civil Action----Divorce
PLAINTIFF
No. 00-7217
VS.
TRINIDAD SCALERA,
DEFENDANT
DEFENDANT'S PRETRIAL STATEMENT
1. Defendant is Trinidad Scalera, who resides at 128 South Second St. Wormleysburg,
PA. 17043 and is married to the Plaintiff John B. Scalera who resides at 510 Ohio
Avenue, Lemoyne Pennsylvania 17043. The parties were married on the 15th day of
November 1989 in Panama City Panama. The parties are the parents of one
biological child by the name of Kelifer Scalera. The plaintiff filed an action for
divorce on October 19th 2000 in the Court of Common Pleas of Cumberland County
Pa. Defendant filed a counterclaim to Plaintiff s divorce on April 18th 200 I seeking
alimony and equitable distribution. On May 30th 2001 the Domestic Relation Section
of Cumberland County Pa. Entered an Order directing Plaintiff to pay to defendant
the amount of $146.00 dollars per month as Alimony Pendente Lite.
2. PARTIES
(A)
Husband:
Birthdate
John B. Scalera
12/24/1961
Employer:
Address:
510 Ohio Avenue, Lemoyne, P A. 17043
U.S. Navy,
Point Shopping Mall STE 236 Harrisburg Pa, 17111
Address:
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Type of Employment: U.S. Navy Recruiter
Income Per Month: $3,686.30
Net Income: $2,965.12
Rental Income $400.00 per month! Marital Home
(B)
Wife: Trinidad Scalera
Birthdate: 12/6/1963
Address: 128 South Second St. W ormleysburg P A. 17043
Employer: Merck Medco
Address: 5073 Ritter Road Mechanicsburg, P A> 17055
Type of Employment:
Income Per Month: $2,031.25
Net Income $1,558.00
3. CHILDREN
Name:
Age:
Kelifer ScaleraIBom within the marriage
18 years
4. MARITAL ASSETS
(A)
Marital Home:
Husband
Value:
Mortgage:
Equity:
(B)
Land
Value
OWNERS
510 Ohio Avenue, Lemoyne PA. 17043
$172,000.00
$160,000.00 (Aprroximately)
unknown at this moment
10 Acres land Mayville, Michigan
$30,000.00
Joint Property
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(C)
Stock:
50 shares of AOL Stock
Joint Property
(D)
Accounts:
Allfirst Bank, checking account
Allfirst Bank, Savings account
Joint Account
Joint Account
Wife's Possess
Household Furnishings
(e)
Pension:
Name:
Value:
401(K)
Fidelity Investment
$3,914.00
Wife
(f)
Vehicles:
1989 Toyota Mini Van
Husband
5. DATE OF SEPERATION
October 19th 2000
6. EXHIBITS
Appraisal of Marital Home conducted by Robert Ensminger Appraisers
Address: 3557 Elmerton Avenue, Harrisburg P A. 17109~ 1132
Phone: 717-652-4111
7. ATTORNEYS
(a) Plaintiffs Attomey
112
Harrisburg,PA.17108-1121
(b) Defendant's Attomey
Francis Zulli, Esquire 109 Locust Street, PO Box
Greg Hazlett, Esquire 20 South Market Street
Mechanicsburg,PA.17055
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8. ISSUES
Defendant is seeking no less than 50 percent of the equity in the marital home, 50 percent
of the sale price of the land located in Michigan, 50 percent of the AOL stock, 50 percent
of all Joint bank accounts, and Alimony for a period of years in an amount corresponding
to the Peunsylvania guidelines for support.
9. WITNESSES
a. Wife
b. HusbaIld
c. Real Estate Appraiser if needed.
Dated: /~uhl
/
Respectfully submitted:
BY: HAZLETT & OESTERLING
,/
Gre
20 lli Market Street
Mechmucsburg,PA.17055
Telephone: (717) 790-0490
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JOHN B. SCALERA,
Plaintiff
IN THE COURT OF COMMON PLEAS rf-
CUMBERLAND COUNTY, NOV 0 1 200
PENNSYLVANIA
v.
NO. 00-7217 CIVIL TERM
TRINIDAD SCALERA,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRETRIAL STATEMENT
AND NOW COMES the Plaintiff, John B. Scalera, by and through his attorney,
Francis A. Zulli, Esquire, and files the following Pre-Trial Statement pursuant to
Pennsylvania Rules of Civil Procedure 1920.33(b):
1. LIST OF ASSETS:
A. REAL ESTATE - Marital Home:
510 Ohio Avenue, Lemoyne,
Pennsylvania
Value: $172,000 (see appraisal attached to Inventory &
Appraisement)
Mortgage: Wells Fargo Mortgage Company
Current balance as of October 31, 200 I,
$165,801.64
Owner: John B. Scalera
B. REAL ESTATE: Vacant lot of 10 acres, Mayville Michigan
Value: $29,900
Mortgage: None
Owner: Jointly
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C. STOCK:
50 shares of AOL stock
Jointly Owned
Value:
$1,626.50 (as of October 29, 2001)
D. BANK. ACCOUNTS:
(I) Allfirst Bank Checking 00820-7415-1
Balance on October 18,2000 $2,717.00 Jointly Owned
(2) Allfirst Bank Savings 8-000-000-2027136
Balance on October 23,2000 $243.16 Jointly Owned
. * wife withdrew $4,000 prior to separation
E. AUTOMOBILES:
1989 Toyota Mini Van
$1,900.00
In possession of wife from date of separation to October 1,2001 when
she returned vehicle to husband.
Owner - Plaintiff
F. HOUSEHOLD FURNITURE & FURNISHINGS:
Appraised value:
$18,595.00
(Copy attached to Inventory & Appraisement)
Majority of furniture and furnishings in possession of defendant.
2. EXPERT WITNESS:
RobertA. Ensminger - 3557 ElmertonAvenue, Harrisburg, PA 17109
Certified Residential Appraiser and Appraiser of personal property.
Robert A. Ensminger will testify as to the value of the Real Estate and
Household Furniture and Furnishings. Copies of his reports have been
provided to counsel for defendant.
Joseph W. Hoover - Private Investigator
He will testify regarding alimony defense.
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3. INCOME & EMPLOYMENT OF THE PARTIES:
A. John B. Scalera
Birthdate:
Address:
Employer:
Type of Employment:
Income per month:
B. Trinidad Scalera
Birthdate:
Address:
Employer:
Address:
Income per month:
4. MARITAL DEBTS:
A. Wells Fargo Mortgage Company
B. Magic Window Company
December 24,1961
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510 Ohio Avenue, Lemoyne, P A 17043
u.S. Navy
u.s. Navy Recruiter
$3,686.30
December 6,1963
128 South Second Street,
Wormleysburg, PA
Merck Medco
5073 Ritter Road,
Mechanicsburg, PA 17055
$2,031.25
$165,801.64
$7,000.00
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5. RESOLUTION OF ECONOMIC ISSUES:
A. Plaintiff is requesting that he be awarded the marital real estate at 510
Ohio Avenue. Plaintiffwill assume payment of Wells Fargo Mortgage and
Magic Window Company bill.
B. Household furniture and furnishings be divided equally between
plaintiff and defendant.
C. Michigan lot be sold and proceeds divided equally between the parties.
D. AOL stock be divided equally between the parties.
E. No alimony to be awarded to Defendant.
6. DIVORCE:
Divorce to be granted under section 3301(c).
f
Dated: November 1, 2001
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLk"oH> COUNTY, a:?
COMMONWEALTH OF PENNSYLVANIA OCT 2 9 20uU-
JOHN B. SCALERA, Civil Action--Divorce
PLAINTIFF
No. 00-7217
DEFENDANT
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VS.
TRINIDAD SCALERA,
DEFENDANT'S PRETRIAL STATEMENT
1. Defendant is Trinidad Scalera, who resides at 128 South Second St. Worm1eysburg,
PA. 17043 and is married to the Plaintiff John B. Scalera who resides at 510 Ohio
Avenue, Lemoyne Pennsylvania 17043. The parties were married on the 15th day of
November 1989 in Panama City Panama. The parties are the parents of one
biological child by the name of Kelifer Scalera. The plaintiff filed an action for
divorce on October 19th 2000 in the Court of Common Pleas of Cumberland County
Pa. Defendant filed a counterclaim to Plaintiff s divorce on Ap:il 18th 2001 seeking
alimony and equitable distribution. On May 30th 2001 the Domestic Relation Section
of Cumberland County Pa, Entered an Order directing Plaintiff to pay to defendant
the amount of$146.00 dollars per month as Alimony Pendente Lite,
2. PARTIES
(A)
Husband:
Birthdate
John B. Scalera
12/24/1961
Address:
Employer:
Address:
510 Ohio Avenue, Lemoyne, P A. 17043
U.S. Navy,
Point Shopping Mall STE 236 Harrisburg Pa, 17111
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Type of Employment: U.S. Navy Recruiter
Income Per Month: $3,686.30
Net Income: $2,965.12
Rental Income $400.00 per month! Marital Home
(B)
Wife: Trinidad Scalera
Birthdate: 12/6/1963
Address: 128 South Second St. Worm1eysburg PA. 17043
Employer: Merck Medco
Address: 5073 Ritter Road Mechanicsburg, P A> 17055
Type of Employment:
Income Per Month: $2,031.25
Net Income $1,558.00
3. CHILDREN
Name:
Age:
Kelifer ScaleraIBom within the marriage
18 years
4. MARITAL ASSETS
(A)
Marital Home:
Husband
Value:
Mortgage:
Equity:
(B)
Land
Value
OWNERS
510 Ohio Avenue, Lemoyne P A. 17043
$172,000.00
$160,000.00 (Aprroximate1y)
unknown at this moment
10 Acres land Mayville, Michigan
$30,000.00
Joint Property
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(C)
Stock:
50 shares of AOL Stock Joint Property
(D)
Accounts: Allfirst Bank, checking account Joint Account
Allfirst Bank, Savings account Joint Account
Household Furnishings V.'ife's Possess
(e)
Pension: 401(K) Wife
Name: Fidelity Investment
Value: $3,914,00
(f)
Vehides: 1989 Toyota Mini Van Husband
5. DATE OF SEPER<\TION
October 19th 2000
6. EXHIBITS
Appraisal of Marital Home conducted by Robert Ensminger Appraisers
Address: 3557 Elmerton Avenue, Harrisburg P A. 17109-1132
Phone: 717-652-4111
7. ATTORNEYS
(a) Plaintiffs Attomey
112
Harrisburg,PA.17108-1121
(b) Defendant's Attomey
Francis Zulli, Esquire 109 Locust Street, PO Box
Greg Hazlett, Esquire 20 South Market Street
Mechanicsburg,P.~. 17055
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8. ISSUES
Defendant is seeking no less than 50 percent of the equity in the marital home, 50 percent
ofthe sale price ofthe land located in Michigan, 50 percent of the AOL stock, 50 percent
of all Joint bank accounts. and Alimony for a period of years in an amount corresponding
to the Pennsylvania guidelines for support,
9. WITNESSES
a. Wife
b. Husband
c, Real Estate Appraiser if needed.
Dated: /~'3-1> /
Respectfully submitted:
BY: HAZLETT & OESTERLING
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20 ih Market Street
Mecharricsburg,PA.17055
Telephone: (717) 790-0490
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JOHN B. SCALERA,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL V ANlA
Vs.
NO. 00-7217 CIVIL TERM
TRINIDAD SCALERA,
Defendant
CIVIL ACTION - IN DIVORCE
INCOME AND EXPENSE STATEMENT
The following is the Income and Expense Statement filed by the Plaintiff in the
above captioned divorce action.
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THIS FORM MUST BE FilLED OUT
(If you are self-employed or if you are salaried by a business of which you are
owner in whole or in part, you must also :fill out the Supplemental Income Statement
which appears in this Income and Expense Statement.)
INCOME AND EXPENSE STATEMENT OF
JOHN B. SCALERA
INCOME
Employer:
U.S. Navv
Address:
Type of Work:
U.s. Navy Recruiter
Payroll Number;
Pay Period (weekly, bi-weekly, etc.):
bi-weekly (1st & 15th)
Gross Pay Per Pay Period:
$1.843.00
Itemized Payroll Deductions:
Federal Withholding
$201.16
Social Security
$141.00
Local Wage Tax
$ 18.43
State Income Tax
$ 51.61
Retirement
Savings Bonds
Credit Union
Life Insurance
Health Insurance
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Other (specify)
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Week Monthly Yearly
EXPENSES:
Home (Mortgage) $ $ 1,343.00 $ 16,104.00
Rent $ $ $
Maintenance $ $ 200.00 $ 2,400.00
Utilities
Electric $ $ 80.00 $ 960.00
Gas $ $ $
Oil $ $ 200.00 $ 2,400.00
Telephone $ $ 200.00 $ 7,400 00
Water $ $ 50.00 $ 600.00
Sewer (trash
removal) $ $ 35.00 $ 420.00
Employment
Public
Transportation $ $ $
Lunch $ $ 90 00 $ 1,080.00
Taxes
Real Estate $ $ $with mortgage payment)
1,7fi400
Personal Property $ $ $ 11.00
Occupational $ $ $
Income $ $ $
Insurance
Homeowners $ $ $ with mortgage payment
c--L-_~_ ,
.1-
Renters $ $ $
Automobile $ $ 148.35 $ 1,780.00
Life $ $ $
Accident $ $ $
Health $ $ $
Other $ $ $
Automobile
Payments $ $ 372.00 $ 4,464.00
Fuel $ $ 120.00 $ 1.440.00
Repairs $ $ 20.00 $ 240.00
Medical
Doctor $ $ 12.00 $ 144.00
Dentist $ $ $
Orthodontist $ $ $
Hospital $ $ $
Medicine $ $ $
Special Needs
(Glasses, braces,
orthopedic devices), $ $ $
Education
Private School $ $ $
Parochial School $ $ $
College $ $ $
Religious $ $ $
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Personal
Clothing $ $ 100.00 $ 1.200.00
Food $ $ 350.00 $ 4,200.00
Barber/hairdresser $ $ 10.00 $ 120.00
Credit payments $ $ 129.00 $ 1,548.00
Credit Card $ $ $
Charge Accounts $ $ $
Memberships $ $ 30.00 $ 360.00
Loans
Credit Union $ $ $
$ $ $
$ $ $
$ $ $
Miscellaneous
Household Help $ $ $
Child Care $ $ $
Papers/books/
Magazines $ $ $
Entertainment $ $ 30.00 $ 360.00
Pay television $ $ 33.00 $ 396.00
Vacation $ $ $
Gifts $ $ 30.00 $ 360.00
Legal Fees $ $ $
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Charitable
Contributions $ $ 25.00 $ 300.00
Other Child Support $ $ $
Alimony Payments $ $ $
Other
APL $ $ 14h nn $ 1 ,75200
$ $ $
$ $ $
TOTAL EXPENSES $ $ $
PROPERTY OWNED
Description
Value
Ownership
H W C
checking accounts Navy Federal Credit
Union
$ 2,500.00 X
savings account
Navy Fed. C.D.
$ 500.00
X
credit union
$
stockslbonds
AOL-50 shares
10 acres, Mayville,
Michigan
.510 Ohio Avenue
Lemoyne"PA
$ 2,000.00 X X
real estate
$ 30.000.00 ..lL.- L
other
$ 172.000.00 ..lL.-
TOTAL $
INSURANCE
Company
Policy Number
Coverage
H W C
Hospital
Medical
Health!
Accident
INSURANCE
Disability
Income
Dental
Company
Other ( specify)
(H-Husband; W-Wife; C-Child/Children)
Policy Number
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Coverage
H W C
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JOHN B. SCALERA,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL VANIA
Vs.
NO. 00-7217 CIVIL TERM
TRINIDAD SCALERA,
Defendant
CML ACTION - IN DNORCE
INVENTORY AND APPRAISEMENT
(
Plaintiff files the following inventory of all property owned or possessed by either
party at the time this action was commenced and all property transferred within the
preceding three (3) years.
Plaintiff verifies that the statements made in this inventory are true and correct.
Plaintiff understands that false statements herein are made subject to the penalties of 18
Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
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John B. Scalera
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ASSETS OF PARTIES
John B. Scalera, Plaintiff, marks on the list below those items applicable to the
case at bar and itemizes the assets on the following pages.
( X ) 1. Real Property.
( X ) 2. Motor Vehicles.
( X ) 3. Stocks, bonds, securities and options.
( ) 4. Certificates of Depost.
( X ) 5. Checking accounts, cash.
( X ) 6. Savings accounts, money market and savings certificates.
( ) 7. Contents of safe deposit boxes.
( ) 8. Trnsts.
( ) 9. Life insurance policies (indicate face value, cash surrender value
and current beneficiaries).
( ) 10. Annuities.
( ) 11. Gifts.
( ) 12. Inheritances.
( ) 13. Patents, copyrights, inventions, royalties.
( ) 14. Personal property outside the home.
( ) 15. Business (list all owners, including percentage of ownership
and officer/director positions held by a party with company.
(
)
16. Employment termination benefits - severence pay, workman's
compensation claim/award.
(
)
17. Profit sharing plan.
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17. Profit sharing plan.
18. Pension plan (indicate employee contribution and date plan
vests)
)
)
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)
)
)
19. Retirement plans, Individual Retirement Accounts.
20. Disability payments.
21. Litigation claims (matured and unmatured).
22. MilitaryN.A. benefits.
23. Education benefits.
24. Debts due you (and/or your wife or husband), including loans,
mortgages held, etc.
25. Household furnishings and personalty (include as a total
category and attach an itemized list if distribution of such assets
is in dispute).
)
26. Other.
MARITAL PROPERTY
John B. Scalera, Plaintiff, lists all marital property in which either or both
spouses have a legal or equitable interest individually or with any other person as of the
date this action was commenced.
Item Description Names of All
Number Of Property Owners
I 510 Ohio Avenue, Lemoyne, PA John B. Scalera
1 10 acres, Mayville, Michigan John B. & Trinidad Scalera
2 1988 Toyota Van John B. Scalera
3 50 shares of AOL stock John B. & Trinidad Scalera
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5
6
25
, .
Allfust Bank, checking account
Allfu~Bank,savillgs~count
Household furniture & furnishings
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John B. & Trinidad Scalera
John B. & Trinidad Scalera
John B. & Trinidad Scalera
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ROBERT ENSMINGER APPRAISERS
PRESENTS
APPRAISAL OF REAL PROPERTY
LOCATED AT:
510 Ohio Ave.
Record Book 191. Page 520
Lemoyne, PA 17043
FOR:
John 8. Scalera. Jr.
,-..,
AS OF:
10/25/2000
BY:
Robert A. Ensminger
Pennsylvania Certified Residential Appraiser
Certificate Number RL-000952-L
ROBERT ENSMINGER APPRAISERS PHONE 717-652-4111
3557 ELMERTON AVENUE FAX 717-541-9444
HARRISBURG, PA 17109-1132 e-mail: threeoomps@panetwork.com
Form GA5 - "TOTAL 2000 forWindows~ apptaisal software by a la mode, ine. -1.aOO-Al.AMODE
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Robert Ensminger Appraisers
',nm'Oyerl Ion UNIFORM RESIDENTIAL APPRAISAL REPORT FlleN.. 0001085
hPmnllrtv Address 510 Ohio Ave. t:1tv Lemovne stale PA ZJn Code 17043
LlWlI Descrintinn Record Book 191 Paoe 520 Cou"'" Cumberland
Assessor's No. 12-21-0267-059 TaxYear 99/00 R.E. Taxes It !:.lU>I'lal AS~l>I!cment~ It 0.00
Borrower John B. Scalera Jr. CURent Owner John B Scalera. Jr. Occ..!!l!!!!t.l'Q'I Owner n Tffi1a'iiI: r Vacant
Prooertv rkdtts; raised !Xl Fee Sinmle I I leasehold Proiect TVDe I PUD I l Condomlnlum....l!:1l& A on HOA $ Q ./Mo.
Nel hborhoodor roiectName WashinatonHelahts Man Reference ADC 20.F-1 CansusTract0106
Sale Prlce!t NlA Date of Sale N/A Descrin!IO" ."~ It amount 01 loan cha....e' conceSsions ta be n'ld hi, setter 0
lenderlCnent .John B. Scalera Jr. Address -
Annraiser ~obertA. Ensminaer Address 3557 ElmertonAvenue Harrisburn PA 17109-1132
Location 0 Urban ~ Suburban b! Rural Predominant Sln~efamllyhou8lng Preaent land uae%
Bum up IZI O,er 75% 0 2,';-75% 0 Under 25% ,,"up,noy !(\%o) ~\ One family 75
GroWlh role 0 Ropid IZI SIab~ 0 S~w IZI Owner 90 Low --,L- 2.4 family 5
PropcrIy ,oJuos 0 Increasing IZI SIab~ 0 OecRning 0 Tenant 750 Hiuh 80 Muffi.faml~ 2
D6JTIam!'supply 0 Shortage gj In balance 0 Oversupply I:8J Vacant (0-5%) ~Predomlnant ~ Commercial 8
Marketlnotimfl is?i Under3mos.n 3-6 mos. nOver6mos. nVac/over51!1:11 175 30 Vacant 10
Note: Race aad the racial composition of the neig....Drhood are not appraisal factDr&.
Neighborhood boundaries and characteristics: MSA #3240. Neiahborhood boundaries are 12th Street Walnut street Front Street & Market Street
Lenduaechiin'ge
ON"~ IZlliI<e\'
Dlnptocess
To: SinNle Fam'ilv
. Factors that affectthe marketablJl!y of the properties In the neighborhood (proximity to employment and amenities, employment stabnity, appeal to market, etc.):
:. The subiect is located in Lemovne Borouah. There are manv larae emolovers in the area and emolovment stabllifv is v~rv ':'ood cis e...iClehced
bv the below <1veraae unemDlbvment rate. Access to ma.or emnlovment centers and reaional shonninn malls is "'rovided bvithe Car;ital
Betlwav and the Interstate Hinhwav !::\Idem. AU amenities are available within a reasonable commutinn distance.
Market condiliona In the subject neighborhood (includIng support for the above conclusions related to the trend of property values, dernanQlsupply, and marketing Orne
-such as data On compBJItJve propertIBs for sale In theneighborbood, deseJiption of Ihe prevalence of sales andfJnanclng concessions, elc,);
General marketinn conditions in the area are rated nood as of the date of this annraisal. Tvnicalloan discounts are three noints and are
; nerierallv naid bv the borrower with no oarticioation or helo from the sellers. Interest rates have been fairlv stable and all tvne's (lIf fjnant;tn~ are
available in the markP.tnlace.
Project lnIormetlonfor PUDs (ff applicable). . Is the developer/builder in control of the Home Owners' Association (HOA)? 0 Yes D No
Approximate tota1 number of units in the subject project Approximate total number of ilnits for sale in the subject project
Destribecommonelementsandrecreationalfacillties:
DImensions 100 x 140.06 Topography Sloninn left to rinht
Site area 0.3~ Acres Comer lot !8l Yes 0 No Size Averane for the area
Specific zoning classification and description Residential Shape Rectannular
Zoning compliance ~ legal ,..-"D Legal nonconfo~lng (Grandfathered use) 0 megal 0 No zoning Drainage Averane for the area
Hinhest & besl use as fmnrov8d: txI Present use I j Other use /'""'Ialn\ VieW Averane for the area
UtIl~1e8 Public Other Off-aIte Improvements Type Pubflc Private landscaping Below Avera'"'e
Electricity ~ street Asphalt ~ 0 Driveway SuJface Asnhalt
Gas 0 Curb/gutter Concrete 0 I:8J Apparent easements Tvnical utilifv
Wale, IZI SidewoJk Nune 0 0 fEMA SpocloJ flood Hazmd Areo 0 Yes IZI No
Sanitary sewer ~ streetrlQhIs Sodium Vapor .~ g FEMAZone C MapDale 12/4/1979
Stann sewer i5a . Allev None I I I I FEMA M;Jn No. 420361
Comments (apparent adverse easements, encroachments, special assessments, slide areas, illegal or legal nonconfonnlng zoning use, etc.): There: are n'O
aDDarent easements encroachments or other conditions which would have an adverse effect on the value. A title search Which is bevdnd the
scone of tilis appraisal has not been conducted to discover anv adverse conditions associated with this Dronertv.
GENERAlDESCRlPTION EXTERIOROESCRIPTION FOUNDATION BASEMENT
No. of Units 1 Foundation Concrete Block Slab N/A Area Sq. Ft 2 071
No. of stories 1 ExleriorWalls Brick & Vinvl Crawl Space N/A % Finished 0
Type (DetJAtt) Detached Roof SuJface FiberalasShinale Basement Full Ceiling Joists'
DesIgn (style) Snlit Level Gutters & Dwnspts. Aluminum Sump Pump None Walts Block
ExistingIProposerj Existina Window Type Double Hunn Dampness No evidence Roor Concrete
Age {Yrs.} 45 StormlScreens YesNes Settlement No evidence Outside Entry None
Effect\veA ('(Ill,) 15 ManufacturedHouse No Infestation No evidence
RDOMS FnvP.r Uvinn OiniM KItchen Den Faml Rm. Rcc. Rm. Bedrooms
. Basement 1 1 1
Level 1 1 1 1 1 1 4
- level2
INSULATION
RooI_O
Cemng_O
WoJo_O
floof_O
None_D
UnknowLL- ~
#80111s
2
2
LaundN
1
Other
AreaSn.Ft
2071
2107
Finished areaabl:\ve nrat!econfains: 8 Rooms' 4 Bedrooms" 2 Baths" 2 1 07 ~uare Feet of _Gross, llvjM Area
INTERIOR Materials/Condition HEATING KITCHEN EOUIP. ATTIC AMENlT1ES CAR STORAGE:
- Roors HardwoodlAveraoe Typo HWBB Ref1igeroJor 0 None 0 fireplac'ls)#L-1ZI None 0
Walls Plaster/AveraCle fu~ Oil RangrlOVen IZI stairs 0 PolIo IZI G_ # of cars
Trim/Finish WoodJAveraae Condition Averane Disposal 0 Drop Stair 0 Deck IZI Aliached
Bath Floor Vinvl/Averaae CaaUNG Dishwash6l" 181 Scullle IZI POlCh Stoop IZI Detached
Bath Wainscot CeramicJAveraae CenlJoJ Yes Farv'Hood 181 Floor IZI Fence 0 Bul~.ln 3
Doors LuanlAvCl. Other None Microwave ~ Heated R Fool o Carport
Condition Averaae WasherlDrver Finished n Orltew" .3
Addllionalfeal1Jres(specJaJenergyelf.icrdJrems.otc.): Partial storm units nartial thermoDanes some sin Ie ahe windows.
Condition of the improvements, depreciation (physIcal, functional, and extemaQ, repalJs nseded, quality of construction, remodaflngladdilions, etc.: Tt:rere is no
functional or economic obsolescence. The sub' act Is in averaae condition. The basement has an <>nartment and finished snace. The laundrv
and bath areas are oartiallv finished. The Claraoe area has a sloninn asnhalt floor. The main kitChen has been remodeled but trim work Is not
. completed. '
Adverse environlllental conditions {such as, but not limited to, hazaJdous wastes, toxic substances, etc.) present in the improvements, onthesite,orinthe
immediate vicinity of the subject property.: No adverse environmental conditions were noted on the date of Insoection however the cjnnraiser is not
an expert in the environmental sciences. All concems should be addressed bv a pronerlv nualified exnert.
Freddie Mac Form 70 &193
PAGE 1 Of2
Fannie Mae Form 1004 6193
Fonn UA2 - "TOTAl 2000 for Windows. appraisal software by a Ia mode, inc. -1-80Q-ALAMODE
Va Illf....nSectiol1
UNIFORM RESIDENTIAL APPRAISAL REPORT
OESCR/PilON
Averane
Fee Sim Ie
0.32 Acres
Averace
Solft Level
Brick&VinvVAvCl.
45
Averaoe
Total : Bdfms: Baths
B 4 2
21Q7Sn-:-Ft
Full Basement
65% finished
Averace
OHWBB1Central
Storm Units
3 Car lnte ral
Patio, Deck
2 Flreolaces
None
DESCRIPTION :
Conventional
115DOM
10128/1999
Good
Fee Sim Ie
0.35 Acres
AVeraae
Sclft Level
Brick & Alum.lAvc :
45
Above Avera e :
Total :Bdrms: Batns :
7 3 2:
2262~.Fl:
Part Basement
100% Finished
Averace
OHWBB/Central :
Storm Units.
2 Car Attached :
SUnroom
Fireolace
Fence
124313
- 29.370-
SBOD
10296
170779
184 900
'8
+HSAdiust.
-3100
+2,500
FDeNo. 0001085
Comments on Cost Approach (stlciJ~, oourcc of cost estimate, silt valua,
square foot caJculallon and for HUO, VA and FmHA, the estimaled remaining
economic rife of the prolJe~): The Marshall & Swift Residential Cost
Handbook alona With local cost factors tovided b local
conlTactors were used in the cema/enon of the cost a roach.
Phvslcal deoreciatlon is base-(j on the aae/life method where
deoreciation = effective aae / econamic life. Unless otherwIse
noted total economic life is 60 years. Functional obsolescence
if an is s ecificall noted is the cost to cure or the excess cost
of suoeradenuacies. There is no economic obs6Ies~nce.
4S ODD
42 695
12B 100
2500
175,600
COMPARABLE NO.2
300 Deanhurst AVe.
Camo Hill
1.57 mites
f ,iff
1BB 000
W
E";rJMA7I:D SIIE VAlVC .._._.._........_...._......._._..........__.._~_...~ $
~'mlM1En REl'RGtlUC1\OM cost-NEW-OF IMPROVEMENTS:
Dweiting 2.107SQ.R.@$ 59.00 =$
1 335 Sq. Fl. @$ 22.00 ""
;. Appliances flreolaces. catio _
: Garage/Carport ~Sq.Ft.@$ 13.00
Total Estimated Cost New .............._..........._=. ..........."" $
- less Physical Functional External
DepreciaOOn 42695) ) =$
Depfeciated Value of Improvements ....B.p.Mn9.~!;I.._.......__......._... =$
"As-is' Value of S~e Improvements ..._......._..............__................. =$
INDICATED VALUE BY COST APPROACH .....,.. ....._.............. ............ ",,$
lIeM SUBJECT COMPARABLE NO. 1
510 Ohio AVe. 380 N. 27th $t
Address Lemovne Camp Hill
ProxirnRv 10 Subiect ". 1.53 miles
SaJesPlice N/A ;"
Prica/Grosslivin Area rP 81.74 til
Data and/or Inspection MLS, STEe
VerlficalionSource
VM.UE ADJUSTMENTS
Sales or Financing
Concessions-
DateofS Ime
LocaIfo"
Leasehol eeSim Ie
Sfte
View
DesinnandAnneaJ
QuaJitvof Construclion
Ae,
Conditbn
Above Grade
Room Count
GiossLMnnArea
Basement & Rnished
Rooms Below Grade
FunclionatUtirrtv
HeatinnlCoolioo
Enerov EffJClent ttems
Gar Car art
POlch,Palio,Deck,
Firenlacefsl.'elc.
Fence Pool etc.
8 .56lt1""
MLS, STEB
: +(-$Miust
-7500
OESCfllPrlOO
Conventional
139 DOM
12/10/1999
Avera e
Fee Sim Ie
0.38 Acres
Averaae
$orrt: Level :
Brick & A1um./Avo :
34
Above Averaoe :
otal:Bdrms: Baths'
6 3 2:
2277 s .Ft.:
Full Basement
65% Finished
Averace
GHWBB1Central :
Storm Units
None
Porch, Patio
J:'ireolace
None
-5000
-4,000
+1000
: M500
:
NetAdLltobn - 16600B-
Adjusted SaIes Price
of Comoalable 168300 $
Comments on Sa1$ Comparison Qncluding the subject propelly's compatibl~ to!he neJghborhoad, etc.).
~1 000
-5000
-5900
+6 000
-1,000
+1000
COMPARABLE NO.3
328 Blacklatch La
Camo Hill
1.85 mUes
66.25 rtJ ~
MLS,STEB
1B5-500
9 ;'w";
: +(- SAd/Ust
DESCRIPTION
Conventional
9DOM
10/1312000
Avera e
Fee Sim Ie
0.55 Acres
Averaae
Sofrt Level
Brick & A1um./Av
31
Averaae :
Total :Bdrms: Baths :
B : 4 : 2.5 :
2 BOO !=::n.FI.:
Part Basement
Unfinished
Averaoe
EBB/Central
Storm Units
2 Car Attached :
Porch, Patio
Fireolace
In Grpool
-4000
-1,000
~13 900
+2,500
+5000
M1,OOO
+1000
-4000
15-400
590D~
1B2100~
170.100
ITEM SUBjECt CbMPARABLE"WO.1 COMPAAA!iJ:E NO.2 COMPARABLE NO.3
Date, P~ce and Data No sales past yr. No sales in the last year other No sales in the last year other No sales in the last year other
Source, for pllor sales than reported above. than reported above. than reported above.
within "ear of raisal Public Records Benchmark Ima in... Benchmark Ima...in... Benchmark Ima"'in'"
Analysis of any CUllen! agreement of sale, oplion, or liSting of subJect proper1y and analysis of<m/prlorsaJes of subject and comparables within one year of the dale of appraisat:
There are no known anreements of saie or listin= of the rlrooertv at the oresent time.
...{"IJ
INDICATEOVAlUEBYSAlESCOMPARISONAPPROACH .. _.._.._... _........ ". .........._ ............ ......................................._....._.. $1'7Z.~()O I~/.
INDlCATEOVALUEBYINCOMEAPPROACH ntAoolicalJle\ Estimated Mafket Rent $ N/A /Mo. X Gross Rent Mull:inITer ~ $
TIlis appraisal is made t8J 'as is" [] subject to the repairs, aJterntions, Inspections or conditions listed below U subject to completion per plans & specifications.
Conditions ol Appraisal: This acoraisal is made in as is condition. The attached addenda are a sionificant oart of this reoorl
Final Reconciliation: Three traditional aooroaches were considered in the aooraisal orocess. The cost aooroach usuallv determines the uDoer limit
of value and the income aooroach was not comoleted due the few number of rentals in the area. Tne market data aooroach to value is
considered to be the most accurate means. of achievina "1i-ie market value and has-been heavilv relied unon in the final valuation
- The purpose of this appraJsaJ is to estimate the market value of the real propertyih'a1 is the subjecl: ofth Isreport,basedontheaboveconditions-aIidtl1ecertificailon,contingerlt
and Umiling conditions, and market vaIue definition that are staled In the attached Freddie Mac Form 439JfNMA form 10048 (Revised 6/93 1.
I (WE) ESTIMATE THE MARKEr VALUE, AS DEFINED,aFTHE REAL PROPERTY THAT ISTHESUBJECT aFTi-US REPORT,AS Of 10125120'00
(WfJICHIST~OF.JNS;7iEl A~D EEFFECTIVEDAlEOFTfJISREPORT)TOBE $ 172.0DD
APPRAISEFI': J./ AI... ?/~......,.,. /J./'J SUPERVISORY APPRAISER (ONLY IF REQUIRED):
Sirtnature. SianabJre DDid DDidNot
Name RcbertlA. Ensmin-oer r} Name Inspect Property
Date Reaart Siaood November 17, 2000 Date RenorfSirmP.d
Stale Certification # RL~000952-L State PA Stale Certification # State
Or State License # Stale OrS1ate license # stale
Freddie Mac Form 70 6193
PAGE20F2
Fonn UA2 - "TOTAL 2000 for Windows' appraisal software by a la mode, inc:. - t.aOO-AtAMODE
Fannie Mae Fonn 1004 6-93
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Supplemental Addendum
File No 0001085
Borrower/Cftent John 8. Scalera Jr.
PronerluAddress 510 Ohio Ave.
CiIv Lemovne Countv Cumberland '!ale PA ZIDCO<Ie 17043
lender John B. Scalera Jr.
Every effort has been made to conform to FNMA & FHLMC guidelines, and in most cases, an even stricter interprlrtation
of guidelines found common to most investors in the secondary markel. Since every property can not be compared to
"ideal" sales, the appraiser must choose sales from the marklrt search which meet investor underwriting standards and
guidelines established by the professional association of which the appraiser is affiliated.
The appraisal has been completed without the benefit of a compllrte legal description. The size and shape of the lot
have been determined from information obtained from tax maps, available plot pians, muKi-list services, develop~rs
plans, and/or surveys. Lot and block numbers are not commonly available in this area. A title search, which is beyond
the scope of this appraisal, Is generaliy necessary to determine lot and block numbers, plan book pages, adverse
easements, encroachments, deed restrictions and/or special assessments. Without a full title search, the estimated
value stated herein could be adversely affected, if at a later date any adverse conditions are discovered.
The appraiser is not an expert in the environmental sciences. The appraiser is not aware of the existence of RADDN
GAS and/or RADON DAUGHTERS, LEAD BASE PAINTS, LEAD IN THE PLUMBING FIXTURES AND PIPES, ASBESTOS,
UREA-FORMALDAHIDE FOAM INSULATION, SICK BUILDING SYNDROME, PETROLEUM LEAKAGE, AGRiCULTURAL
CHEMICALS, OR OTHER HAZARDOUS SUBSTANCES, and does not possess the knowledge or equipment necessary to
test for such items. If testing by qualified technicians indicates unacceptable levels of any hazardous substance or
condition, the appraised value may be adversely affected or voided.
Digital photographs have been used in preparing this appraisal report. The photographs have not been retouched, air
brushed or aitered in in any form. Occasionally, it is necessary to enhance the photographs to compensate for lighting
conditions. This usually occurs in bright sunlight'that casts deep shadows. The actual photograph is not altered but is
lightened to allow the reader of the report to see objects in the photographs more clearty.
Digital maps are used in preparing appraisal reports. The mapping program automatically dlrtermines the location of the
subject property and the comparables sales, determines the distance between the subject and the comparable sales
and automatically places the distances in the appropriate place on the appraisal form. The actual placement of the
subject and comparables may be exact, but are close enough to allow the reader to find the properties within one-tenth
of a mile of the actual location.
Digital floor plans are used in appraisal reports as necessary. Exterior dimensions are to scale and are based on actual
field measurements. Interior details may not be complete and are not to scale. They are provided only to help the
reader visualize the interior of the property and the general layout of the home. The program calculates the square
footage of the home based on the exterior dimensions and places the resuKs in the proper sections ofthe report. All
calculations are detailed on floor plan pages.
Form TAOO - 'TOTAL 2000 for WindowS' appl1Jisal srrllware by. I. mo<ie, inc. -l-80D-ALAMOOE
Subject Photo Page
BarrrMetiVlienf John B. Scalera Jr.
'Pro ~'\) 0\'\\0 A.ve.
C. Lem ne
lender John B. Scalera Jr.
Cou Cumberland
PA
o e 17043
Subject Front
510 Ohio Ave.
SalesPilce
Gross Uving Area
Total Rooms
Tota/Bedrooms
TolalBathrooms
location
1'0.
Slle
0.,".,.
Age
Form PIC3x5.SR - "TOTAL2000 for Wll1dows' apPraisal saflware by a fa mode, Inc. -1-aOo-ALAMODE
N1A
2,107
8
4
2
Average
Average
0.32 Acres
Brick&Vinyl!Avg.
45
SUbject Rear
SUbject Street
Subject Photo Page
80 lent John B. Scalera Jr.
10 hlo Ave.
C Lema e
nder John B. Scalera Jr.
C.
Cumberland
PA
17043
Subject Front
51Q Ohio Ave.
Sales-Price
Gross Living Area
TataJRooms
TotaJ8edrolllnS
Total Balhrooms
location
~...
Silo
Quality
~
Form P1C3x5.SR - 'TOTAL 2000 for Windows' appraisal software by a la mode, Inc. -1-800.ALAMOOE
NlA
2,107
8
4
2
Average
Average
0.32 Acres
Brick&V1nyVAvQ.
45
SobJect Rear
Subject Street
Comparable Photo Page
BD1TD r John B, Scalera Jr.
51.Q Ohio A\JQ.
Lema e
lender John B. Scalera Jr.
c
CUmberland
PA
Cd 17043
Comparable 1
360 N. 27th st.
Prox.to SubIect
SalePrlce
Gross Uvinll Are!
Total Rooms
Total Bedrooms
Total BaIhrooms
location
View
Site
Ouafl\V
~
1.53 miles
184,900
2,262
7
3
2
Good
Average
0.35 Acres
BrIck & AlumJAvg
45
Comparable 2
300 Deanhurst Ave.
Prox. to Subject 1.57 miles
Sale Price 188,000
GrossUvlngArea 2,2n
Total Rooms 6
TotaI8edrooms 3
Total Bathrooms 2
location Average
View Av~e
Site 0.38 Acres
QualII:y Brick & A1um.lAvg
Age 34
Comparable 3
328 Blacklatch La.
Prox. to Sublect 1.85 miles
Sale Plice 185,500
Gross Uving Area 2,800
Total Rooms 8
Total Bedrooms 4
Total Bathrooms 2.5
localion Average
Wew Average
SIte 0.55 Acres
Quality Brick & AlumJAvg
Age 31
Farm PIC3x5.CR - "TOTAL 2000 forWmdows. appraisal software by a Ia mode, inc. -1-80IMLAMODE
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Building Sketch
Bofrower. Client John B. Scalera Jr.
Pro Address 510 Ohio AVe.
C' Lemo e
lender John B. Scalera Jr.
Coo
Cumberland
Stale PA
Zi Code 17043
6&.0'
Bath
Kitchen
Dining
Bath
Bedl'"oom
30.0
8edl'"oom
I
32.0'
L
8edl'"oom
Bedl'"oom
Living Room
Family Room
24.0'
38.0'
Fil'"st Level
68.0'
Apal'"tment
Bath
Bath laundl'"Y (Pal'"t Fi )
(Pal'"t Fin.)
Kitchen
3 (al'"
28.S
Garage
32.0'
LR/BR Combo
Rec. Room
30.0'
3.'
38.0'
Basement
SKETCH CALCULA'!'IONS
" i:!1l.n , ,.S = 31:;.0
" A2 b!!l.O , 2&.5 . 1"1'3il.O
A3 3il.n , ,., = 133.0
.... .~ First Floor 2107.0
A4 bil.1J , ail.5 = 1'36.1J
AS 3il.1J , 3.' = 133.1J
'"
.~ Basement 21J7:L.1J
Total. Liv:l.ng Area 2107.0
Fonn SKT.BLOSKI- 'TOTAL 2000 for Windows' appraisal soIlw~' by. I. mod~ inc. -1-800-AlAMOOE
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CIlol1l B._Jr.
s 510 Ohio Ave.
lom
L r John B. Scalera Jr.
ou Cumberland
PA
ZI 0 17043
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BOlTOwer John B. Scalera Jr.
Prorll!lhf Address' 510 Ohio Ave.
Cltv Lemovne
lender John B. Scalera Jr.
File No. 0001 DS5
COUnlv Cumberland
SIaIe PA
11, Code 17043
APPRAISAL AND REPORT IDENTIFICATION
This appraisal confoRns to llIlll of the following definitions:
~ Complete Appraisal (The act or process of estimating value, or an opinion ofvalue, performed without Invoking the Departure ROle.)
D Limited Appraisal (Tlle act or process of estimating value, or an opinion of value, performed under and resulting from Invoking the
Departure Rule.)
This report is llIlll of the following types:
D Self Contained (A written report prepared under Standards Rule 2-2(a) of a Complete or limited Appraisal performed under STAND-ARD 1.)
~ Summary (A written report prepared under Standards Rule 2-2(b) of a Complete or limIted Appraisal performed under STANDARD 1.)
D Restricted (A written report prepared under Standards Rule 2-2(c) of a Complete or Limited Appraisal performed un'der STAN'DARD 1
for client use only.)
Comments on Standards Rule 2-3
I certify that, to tile best of my knowledge and belillf:
. lhe stalements of fact contained in Ihis report are uue and correcl
. The reported analyses, opinions, and conclusions me f1milBd only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased
professlonalanalyses,opinklnsandconclusions.
o]havenopresentorprospectiveinterestinthepropertylhatisthesubJectoflhisreport,andnopersonaliiderestwilhrespecltothe
parties Involved.
o I have no blas wilh respect to the property that is the subject of this report or the parties involved wilh this assignment
o Myengagemenlinthisassignmentwasnotcontingentupondevelopingorreportingpredetermlnedresults.
o My compensation for completing this assignment is not contingent upon the development or reporting of a predetennlned value or direction in value that favors the cause
of the client, the amount af the value opinion, the atlainmentof a stipulated resull. or the occurrence of a subsequent event directly related to the intended use of lIiisappraisal.
. My anatjses, opInIons and conclusions were developed and this report has been prepared, In conformity with the Uniform standards of Professklnal Appraisal Practic'e.
o I have made a personal inspection of the property that Is the subJect ofthJs report.
Comments on Appraisal and Report Identification
Note any departures from Standards Rules 1-2, 1-3, 1-4, plus any USPAP.related issues requiring disclosure:
This is a SummarY Aooraisal Reoort which is intended to comolv with the reoortina recuirements set forth under Standards Rule 2-2rb' of the
Uniform Standards of Professional Practice as oromooulated bv the Aooraisal Foundation. As such it reoresents onlY summarY discussions of
the data reasonina. and analYses that were used in the aDpraisal process that were used to develon the annraiser's oninion of value.
Suooortina documentation that is not orovided with the reoort is retained in the aDDraiser's file. The depth of discussion contained in _this report
is snecific to the needs of the client for the intended use stated below. The armraiser is not resDonsible for unauthorized use of this reDort.
To develoo the ooinion of value the aDoraiser oerformed a comolete aooraisal orocess as defined bv the Uniform standards of Prof!,!,ssional
Appraisal Practice. This means that no denartures from Standard 1 were invoked. Standard 1 establishes the criteria for the develQoment of a
real propertY aooraisal.
PURPOSE OF THE APPRAISAL:
The ouroose of this aooraisal is to estimate the market value of the subiect.
FUNCTION OR INTENDED USE OF THIS APPRAISAL:
The intended use of this reoort is to assist the client to establish the value of the propertY for divorce proceedinns.
SUPERVISORY APPRAISER (only if required):
Signature:
Name:
OaleSlgned:
stateCertification#:
"Dr staIB Llcenstl #:
SIaIe:
Expiration Date of Certification orlicensil:
APPRAISER:tJ, f If ./ .
S~nOure: ~~~
Name: Robert PI.. smin er
Date Signed: November 17. 2000
State Certification #: RL-000952-L
Dr staIB License #:
SIaIe: PA
Expiration Oate of Certlflcalion or Ucenoo: 06/3012001
o Did
D.DidNollnspeclFroperiy
Robert Ensminger Appraisers
Form 102 - 'TOTAL 2000 for Windows. appraisal software by a la mode, inc. -1-800.ALAMODE
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DEFINITION OF MARKET VALUE:' The most probable price which a properly should bring in a compelllive and open market Iinder all conditions
requlslle to a fair sale, the buyer and san9l', each acting prudently, knowledgeably and assuming the price Is not affected by undue stimulus. ImpliCit In this
definition Is the consummation of a sale as of a specified date and the passing of tilIe from seller to buyer under condilions whereby: (1) 'buyer and saliM are
typically mo~ated; (2) both parties are we~ InfoITlJlld or weD adv1sed, and each acting in what he considers his own best Interest; (3) a reasonable tii'ni'l is allowed
for exposure m the open market; (4) payment Is made In terms of cash in U,S. dollars or In terms of financial arrangements comparable theretu; and (5) the price
represents the normal consideration for the property sold unaffected by special or creative financIng or sales concessions'" granted by anyone assoeiated with
~- .
... Adjustments to the comparables must be made for special or creative finalll:lng or sales concessions. No adjustments are necessarY
for those costs which are normally paid by sellers as a result of Iradilion or law In a market area; these costs are readily ldentiftable
since the seller pays these cosIs In virtually all sales transactions. Special or creative financing adjustments can be made to the
comparable property by comparisons to financing terms offered by a third party Institutional lender that Is not already involved In the
property or transaction. Arry adjustment should not bll calculated on a mechanical dollar for dollar cost of the financing or concession
but the dollar amount of any adjustment should approximate the market's reacllon to the financIng or concessions based on the
appralsflr'sjudgement,
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appralse(s certifICation thai: appears in the appraisal report Is subject to the following
conditions:
1. The appraiser will not be responsIble for matters of a legal nature that affect 6Ither the property being appraised or the We to It The appialser assumes that
the title Is good and marketable and, therefore, wDl not render any opinions about the 1itIe. The property is appraised on the basis of it beIng uhde'r responsible
ownership,
2. The appraiser has provided a sketch in the applaisal report 10 s~ow approximate dimensions of the Improvements and the sketch Is Included only to assist
the fea!ler of the report in visualizing the property and understanding the appralse(s determJnaiion of Its size.
3. The appraiser has .examIned the available flood maps that are provIded by the Federal Emetgency Management Agency (or other data sources) and has noted
in the appraisal report whether the subject site is located In an ldentlfied Special Aood Hazard Area Because the appraiser is not a surveyor, he or she makes
noguaranlees,expressorlmplied, regarding this determination.
4. The appraiser will not give testimony or appear In court because he or she made an appraisal of the property In question, unless specifIC arrangements to do
so have been made beforehand.
5. The appraiser has eslimated the vallre of the land in the cost approach at iIs highest and best use and the improvements at their contribulory value. These
separate valuations of the land and bnprovemenls must not be used in conjuncUon wiIh any other appraisal and are Invalid if they are SO used,
6. The appraiser has nOted In the appraisal report aJT:/ adverse cornfrllons (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic
substances, etc.) observed during the InspecIIon of the subject .property or thai: Ire or she became aWare of during the normal research involved in performing
the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent cOlllfrllotls of the property or
adverse environmental condItions fmcluding the presence of hazardous wastes. toxic substances, etc.) thai: WOuld make the property more or less valuable, and
has assumed thai: there are no such condlllons and makes no guarantees or warranties, express or implied, regarding the condition of the ptopirty. Th6
appraiser wlll not be responsible for any such condilions thai: do exist or for any engineering or testing thai: might be required tu discover whether such
conditions exist. Because the appraiser Is not an expert in the field of environmental hazards, the appraisal report must not be considered as an
environmental assessment of the properly,
7. The appraiser obtained the information, estimates. and opinions thai. were expressed in the appraisal report from sources thai: he or she consIders to be
reliable and believes them to be true and COrTect. The appraiser does not assume responslbnity for the accuracy at such lIems thai: were fumished by other
parties.
8. The appralsflr will not disclose the contents of the appraisal report except as provided for In the Uniform Standards of Professional Appraisal Practice.
9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to sallsfactory completion, repairs, or
alterations on the assumption that completion of the Improvements wDl be petformed in a workmanOke manner.
10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report
Qncluding conclusions about the property value, the appraiser's identity and professional designations, and references tu any professional appraisal
organizations or the firm with which the appraisflr is assoeiated) to anyone other than the bOrIOwor; the mortgagetl or its successors and assigns; the mortgage
insurer; consultants; professional appraisal organizations; any state or federaIly approved financial institution; or any department, agency, or instrumentalily
of the United stateS or any state,or the District of Columbia; except thai: the Iendertcnent may distribute the propeJly description sectlon of the repOrt only to data
collection or reporting servlce(s) without having to obfafn the appraiser's prior wrttten consent The appraiser's written consent and ap~rova/ must aI:ro
be obtained before the appraisal can be conveyed by anyone to the public through advertising, pubnc relations, news, sales. dr other media
Freddie Mac Form 4396-93
Page 1 of2
Fannie Mae Forrn1004B6-93
Robert Ensminger Appraisflrs
Fo~ ACR - "TOTAL 2000 for Windows" appraisal software by a fa mode, inc. -1-800.ALAMODE
APPRAISER'S CERTIfiCATION: The App..., cerlifies and agrees !hat
1. I have researched the subject market area and have :relected a minimum of three recent.saIes of properties most sImilar and proximare to the subject property
for consideration in the sales comparison analysB and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant
variation. If a significant item in a comparable property Is suplllior to, or more favorable than, the subject property,] have made a negative adjustmef1ttb reduce
the adjusted sa1es plice of It\$J comparable and, If a Significant item in a comparable property is Inferior to, or less favorable than the SUbject property, I have made
a positive adjustment to Increastl the adjusted sales price of the comparable.
2. I have taken into consideration the factors that heNe an impact on value in my development of the estimate of maJket value in the appraisal report. I have not
knowlngtf withheld any significant informalion from the appraisal report and I believe, to !he bllSt of my knowledge, thai: aU statements and jnformation In the
apprnlsalreportarelrueandcotrect.
3. I stated in the applaisal report only my own personal, unbiased, and professional analysis, opInions, and conclusions, which are subject only to the contingent
andlimilingcondilions.specifieQlnthisform.
4. I have no present or Plm;pective Inrerest In the property thalls the subject to this report and I have nO present or prospectWe personal interesl or bias with
respectfD the particIpants In the Uans2l::tion.1 did not base, either partia/lY or completely, my analysis and/or the estimate of market value in the appraisal report
on the race, color, religion, &ex, handicap, famDIaI stabJs, or national oilgln of either tire prospective owners or occupants of the subject property or of the present
owners oroccupanis of tire properties in the vicinity of the subject property.
5. I have no present- or contemplated future inlerest In the subject property, and neither my current or future employment nor my compensation for perfumllng this
appraisal Is contingent on the appralslld value of the property.
6. I was not required to repent a predetllrmlned value or direction in value that favors the cause of tire client or any related party, the amount of the value eStImate,
the attainment of a specific rr:sull, or the occunence of a subsequent event -in order to recffiv6 my compensation anrVor employment for performing the appraisal. I
did IlOt base the appraisal repollon a requested minimum valuation, aspeciflCvalualion, or the needio appro veaspeciflCmortgageloan.
7. I performed this appraiS<l! in conformity with the Unifoml standards of Professional Appraisal Plal:lice thai: were adopted and promu1galed by the Appraisal ..'''~~
standards Board of The ApPraisal Foundation and thai were in place as of the effecllve date of this appraisal, wfth the exception of the departure provision of those
SIam/aTds, which dDesllDl apply. I acknowledge thai an es!Imat&afa reasonable lime fDT expDSure in lheopen IIUl1keIlsa condition in the defIniIion Of mmtvabre
and the estimate I develoPlKJ is consistent with the marketing time noted in the neighborhood section of this report, unless I have otlrarwise stated In the
reconcmafionsection.
a. I have personal~ insPectE:d the Interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report
I further certify that I have mned any apparent or known adverse condiUons in the subject improvements, on the subject site, or on any she wilhin the immediale
vicinity of the subject property of which I am aware and have made adjustments for these adverse condItions in my analysis of the property value to the extent that
I had market evidence to support them. I have also commented about the effe<:t of the adverse conrDlions on the marketability of 11m subJett property.
9. I personal~ prepared all conclusions and opinions aboul the real esIate thai were set forth In the lIJlpralsal report. If [ relied on signilicant professional
assistance from any IndividuCll or IndMduals In the perfonnance of the lIJlpraisal or the preparation of the appraisal report, I have named such lodivldual(s) and
discklsed the specific tasks betformed by them in the reconcUialioo section of this appraisal report. I certify that any Individual so named is qualified to (illrform
the tasks. I have not authorized anyone to make a change to any Item in the report; therefore. If an unaulhorized change is made to the appraisal report, I win take
no responsibnity10r~.
SUPERVISORY APPRAISER'S CERTifiCATION: I. SUpllN!soly appraisM s~ned ~. apprais~ repo~ Ire or sire certifIeS and agrees !hat
I directly supervise the appralserwho prepared the appraisal report, have revitlwedthe appraisal report, agree willlthe statements and conclusions of the appraiser,
agree to be bound by the apPraiser's certifications numbered 4'~ugh 7 above, and am taking full responsibililyfor the appraisal and the appraisal report
ADDRESS OF PROPERTY APPRAISED: 510 Ohio Ave" Lemovne. PA 17043
APPRAISER:
~~~re~ObP&t!f.~~
Date Signed: November 17. 2000
stale Certification #: RL-OCl0952-L
orStaieLicense#:
SIaIe: PA
Expiration Dale of Certification or License: 0613012001
SUPERVISORY APPRAISER (only if reqUired):
Signature:
Name:
Date Signed:
StateCertilicalion#:
or State License #:
SIaIe:
Expiration Date of Certification or License:
DOid DOidNollnspeclProperJy
'Freddie Mac Form 4396-93
Page2of2
FannleMae Form 1004B6.93
Form ACR - 'TOTAL 2000 for Windows' apprais~ software by. I. mode, inc. -l-BOIl-AlAMODE
l!l.."l!l~..-';+i,:
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ROBERT ENSMINGER APPRAISERS
REAL ESTATE and PERSONAL PROPERTY
3557 ELMERTON AVENUE
HARRISBURG, PA 17109-1132
PHONE 717-6524111
FAX 717.541.9444
E-MAiL:
ThreecompS@PAnetwork.com
November 28, 2000
John Scalera, Jr.
510 Ohio Avenue
Lemoyne, PA 17043
Dear Mr. Scalera:
In accordance with your request, I have appraised the listed personal property
at your residence, 510 Ohio Ave., Lemoyne, PA. The real estate has also been
appraised.
The values shown have been arrived at after a careful study of the property. I
believe it to reflect a true measure of its market value as of October 25, 2000.
Market value is defined as being the most reasonable or probable price in
terms of money that real or personal property will bring in an open and
competitive market under all conditions requisite to a fair sale, the buyer and
seller each acting prudently and knowledgeably, and assuming the price is not
affected by undue stimulus.
Taking into account all of the factors set forth in the page that follows, it is
the opinion of the undersigned that the fair market value of the personal
property is Eighteen Thousand Five Hundred Ninety Five Dollars ($18,595.00.)
Further, the market value of the real estate, as detailed in a separate report, is
One Hundred Seventy Two Thousand Dollars ($172,000.00.)
Employment in and compensation for making this appraisal are in no manner
contingent upon the value reported and I certify that I have no financial
interest in the property appraised, present or contemplated.
Very truly yours,
QUO ~t41ff1
Robert A. Ensminger
.~I~""lti".
.
"'1"_,1110111;_"'"
PROPERTY TRANSFERRED
Item Description of Date of Transfer Consideration
Number Property
NONE
Names of all
Debtors
";;,,,,,,,,.,.-._--"~
Item Description of
Number Property
I
510 Ohio Avenue
Lemoyne, P A 17043
~
LIABILITIES
Names of All Creditors
Wells Fargo
,
~~'OiHJilImIIilIillillll
''l!",~",,!C-.,
Names of All Debtors
John B. Scalera
~
ll.IW~_:,,'
.
.
NON-MARITAL PROPERTY
John B. Scalera lists all non-marital property in which either or both spouses have
a legal or equitable interest, which is claimed to be excluded from marital property:
Item Number
Description of Property
Reason for Exclusion
NONE
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
JOHN B. SCALERA,
PlaintiftlRespondent
Civil Action----Divorce
No. 00-7217
VS.
TRINIDAD SCALERA,
Defendant! Petitioner
PETITION FOR ALIMONY
NOW COMES, Trinidad Scalera, Defendant/Petitioner, by and through her attorney,
Gregory S. Hazlett, Esquire of Hazlett & Oesterling and avers as follows:
1. Petitioner is Trinidad Scalera, who resides at 128 South Second Street,
Wormleysburg P A. 17043.
2. Respondent, is John B. Scalera, 510 Ohio Avenue, Lemoyne Pennsylvania 17043.
3. Petitioner and Respondent were married on the 151h November 1989.
4. Petitioner and Respondent are the parents of one minor child, Kelifer E. Scalera, born
October 311983.
5. On the 191h day of October 2000 the Respondent filed a Complaint in Divorce under
3301 (a) and 3301 (c) of the Divorce Code.
ALIMONY
6. The averments of paragraphs 1 through 5 are incorporated herein as if set forth
verbatim.
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7. Defendant, Trinidad Scalera alleges and avers that subsequent to the entry of a
divorce decree that she will be in need of Alimony subsequent to the entry of the same for
a period as determined by the Honorable Court for the reasons as hereinafter cited.
8. Defendant, states that subsequent to the entry of the divorce decree she will encounter
financial constraints derived from the costs and expenses associated with maintaining a
lifestyle which she currently is accustomed to during her marriage to plaintiff.
9. Defendant, declares that due to the disparate level of income as between herself and
plaintiff, husband she will be unable to fulfill her reasonable needs and sustain that
lifestyle and maintain the standard of living for which she has become accustomed during
her marriage.
10. Defendant alleges and avers thaUn the absence of such Alimony defendant will be
unable to provide for her basic necessities and fulfill her financial obligations as they
become due subsequent to the entry of a divorce decree.
WHEREFORE, Plaintiff prays that this Honorable Court grant her Permanent
Alimony subsequent to the entry of a Decree in Divorce until such time as the law will
allow and provide.
Respectfully submitted:
///sJo~
BY: HAZLETT & OESTERLING
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VERIFICATION
I, the undersigned, do hereby verilY that the statements made in the foregoing
Instrument is true and correct to the best of my knowledge, information and belief.
I understand that statements herein are made subject to the penalties ofthe 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
Dated:~Oa.
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T inidad Scalera, Petitioner
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JOHN B. SCALERA,
Plaintiff
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 7217 CIVIL
TRINIDAD SCALERA,
Defendant
IN DIVORCE
ORDER OF COURT
2003, the
cl V 'P'-- day of ~__ ,
economic claims raised in the procee~Vlng been
AND NOW, this
resolved in accordance with a marital settlement agreement
dated June 3, 2003, the appointment of the Master is vacated
and counsel can file a praecipe transmitting the record to the
Court requesting a final decree in divorce.
BY THE COURT,
cc:
v{rancis A. Zulli
Attorney for Plaintiff
v6regory S. Hazlett
Attorney for Defendant ~~_~
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 3rd day of June, 2003, by and between:
JOHN B. SCALERA, JR. of510 Ohio Avenue, Lemoyne, Cumberland County, PA
17043, hereinafter referred to as "Husband"
AND
TRINIDAD SCALERA of 128 South Second Street, Wormleysburg,
Cumberland County, P A, 17043, hereinafter referred to as "Wife".
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on November 15, 1989 in
Panama City, Panama, and were separated on October 20, 2000; and
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen
between the parties and it is the intention of Husband and Wife to live separate and apart,
and the parties hereto are desirous of settling fully and finally their respective financial
and property rights and obligations as between each other, including, without limitation,
the settling of all matters between them relating to the ownership of real and personal
property, the support, alimony and maintenance of one another, and in general, the
settling of any and all claims and possible claims by one against the other or against their
respective estates.
AND NOW, THEREFORE, in consideration of these premises, and ofthe mutual
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promises, covenants and undertakings hereinafter set forth, and for other good and
valuable consideration, receipt of which is hereby acknowledged by each of the parties
hereto, Husband and Wife each intending to be legally bound hereby, covenant and agree
as follows:
1. SEPARATION. It shall be lawful for Husband and Wife at all times herein-
after to live separate and apart from each other and to reside from time to time at such
place or places asthey shall respectively deem fit, free from any control, restraint or
interference, direct or indirect, by each other. Neither party shall molest the other or
compel or endeavor to compel the other to cohabit or dwell with him or her by any legal
or other proceeding. The foregoing provisions shall not be taken to be an admission on
the part of either Husband or Wife of the lawfulness of the causes leading to their living
apart. Husband shall enjoy exclusive possession of the marital home at 510 Ohio
Avenue, Lemoyne, P A. Wife agrees that she shall no longer enter or attempt to enter the
marital residence without the consent of Husband.
2. INTERFERENCE. Each party shall be free from interference, authority, and
contact by the other, as fully as ifhe or she were single and unmarried except as may be
necessary to carry out the provisions of this Agreement. Neither party shall molest the
other or attempt to endeavor to molest the other, nor compel the other to cohabit with the
other, or in any way harass or malign the other, nor in any way interfere with the peace-
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ful existence, separate and apart, from the other.
3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This
Agreement shall not be considered to affect or bar the right of Husband or Wife to a
divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such
defense as may be available to either party. This Agreement is not intended to condone
and shall not be deemed to be a condonation on the part of either party hereto of any act
or acts on the part of the other party which have occasioned the disputes or unhappy
differences which have occurred prior to or which may occur subsequent to the date
hereof.
4. DIVORCE. The parties acknowledge that Husband has instituted a divorce
action in the Court of Common Pleas of Cumberland County, Pennsylvania, indexed to
No. 00-7217 Civil Term, claiming that the marriage is irretrievably broken under the no
fault mutual consent provision of Section 3301 (c) of the Pennsylvania Divorce Code.
The parties hereby express their agreement that the marriage is irretrievably broken and
each express their intent to execute contemporaneously herewith any and all affidavits or
other documents necessary for the parties to obtain an absolute divorce pursuant to
Section 3301 (c) of the Divorce Code. The parties hereby waive all rights to request
Court Ordered counseling under the Divorce Code. Neither party to such action shall ask
for alimony or support contrary to the provisions of this Agreement. It is further
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specifically understood and agreed by the parties that the provisions of this Agreement
relating to equitable distribution of property of the parties are accepted by each party as a
final settlement for all purposes whatsoever, as contemplated by the Pennsylvania
Divorce Code.
Should a Decree, Judgment or Order of separation or divorce be obtained by
either of the parties in this or any other state, country or jurisdiction, each of the parties
hereby consents and agrees that this Agreement and all of its covenants shall not be
affected in any way by any such separation or divorce; and that nothing inany such
Decree, Judgment, Order or further modification or revision thereof shall alter, amend or
vary any term of this Agreement, whether or not either or both of the parties shall
remarry, it being understood by and between the parties hereto that this Agreement shall
survive and shall not be merged into any Decree, Judgment or Order of Divorce or
separation. Notwithstanding the provisions of the Pennsylvania Divorce Code or of any
law to the contrary, all of the terms and provisions of this Agreement shall not be subject
to modification by the Court or in any fashion other than as set forth hereinafter. It is
specifically agreed, however, that this Agreement shall be subject to enforcement under
the provisions of the Pennsylvania Divorce Code or, in the alternative, by a suit against
the alleged breaching party either in law or equity, at the election of the aggrieved party.
5. EFFECTIVE DATE. The effective date ofthis Agreement shall be the "date
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of execution" or "execution date", defined as the date upon which it is executed by the
parties if they have each executed this Agreement on the same date. Otherwise, the "date
of execution" or "execution date" of this AgreeI)1ent shall be defmed as the date of
execution by the party last executing this Agreement.
6. DISTRIBUTION DATE. The transfer of the property, funds and/or
documents provided for herein, shall only take place on the "distribution" date which
shall be defined as the date of execution of this Agreement unless otherwise specified
herein. However, the support and/or alimony paym,ents, if any, provided for in this
Agreement shall take effect as set forth in this Agreement.
7. DEBTS AND OBLIGATIONS. Husband represents and warrants to Wife
that he will not contract or incur any debt or liability for which Wife or her estate might
be responsible and shall indemnify and save Wife hannless from any and all claims or
demands made against her by reason of debts or obligations incurred by him.
Wife represents and warrants to Husband that she will not contract
or incur any debt or liability for which Husband or his estate might be responsible and
shall indemnify and save Husband hannless from any and all claims or demands made
against him by reason of debts or obligations incurred by her.
8. MUTUAL RELEASE. Husband and Wife do hereby mutually remise,
release, quit-claim and forever discharge the other and the estate of such other, for all
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time to come, and for all purposes whatsoever, from any and all rights, title and interest,
or claims in or against the estate of such other, of whatever nature and wherever situate,
which he or she now has or any time hereafter may have against such other, the estate of
such other or any part thereof, whether arising out of any former acts, contracts, engage-
ments, or liabilities of such other or by way of dower or curtesy, of claims in the nature
of dower or curtesy, or widow's or widower's rights, family exemption or similar
allowance or under the intestate laws; or the right to take against the spouse's will; or the
right to treat a lifetime conveyance by the other as testamentary or all other rights of a
surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of Pennsylvania, any state, commonwealth or territory of the United States, or any
other country; or any rights which either party may now have or at any time hereafter
have for past, present or future support or maintenance, alimony, alimony pendente lite,
counsel fees, costs and/or expenses; whether arising as a result of the marital relation or
otherwise, except and only except all rights and agreements and obligations of what so-
ever nature arising or which may arise under this Agreement or for the breach of any
provisions thereof. It is the intention of Husband and Wife to give to each other by the
execution of this Agreement a full, complete and general release with respect to any and
all property of any kind and/or nature, real, personal or mixed, which the other now owns
or may hereafter acquire, except, and only except, all rights and agreements and obliga-
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tions of whatsoever nature arising or which may arise under this Agreement or for the
breach of any provision thereof.
9. ADVICE OFCOUNSEL. The provisions of this Agreement and there legal
effect have been fully explained to Husband by his counsel, Francis A. Zulli, Esquire.
The provisions of this Agreement and there legal effect have been fully explained to
Wife by her counsel, Gregory S. Hazlett, Esquire. Each party acknowledges that he or
she has had the opportunity to receive independent legal counsel of his or her selection,
and that each fully understands the facts and has been fully informed as to his or her legal
rights and obligations, and each party acknowledges and accepts that this Agreement is,
in the circumstances, fair and equitable, and that it is being entered into freely and
voluntarily, and that execution of this Agreement is notthe result of any duress or undue
influence, and that it is not the result of any improper or illegal agreement or agreements.
In addition, each party hereto hereby acknowledges that he or she has been fully advised
of the impact of the Pennsylvania Divorce Code of 1980, Pa. C.S.A. Section 3101 et
seq., whereby the Court has the authority and duty to determine all marital rights of the
parties including divorce, alimony, alimony pendente lite, equitable distribution of all
marital property or property owned or possessed individually by the other, counsel fees
and costs of litigation and, fully knowing the same, and being fully advised of his or her
rights thereunder, each party hereto still desires to execute this Agreement
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acknowledging that the terms and conditions set forth herein are fair, just and equitable
to each of the parties and waives his or her respective right to have the Court of Common
Pleas of Cumberland County, or any other Court of competent jurisdiction, make any
determination or order affecting the respective parties' rights to a divorce, alimony,
alimony pendente lite, equitable distribution of all marital property, counsel fees and
costs of litigation, or any other right arising from the parties' marriage.
I O. WAIVERS OF CLAIMS AGAINST EST ATE. Except as herein otherwise
provided, each party may dispose of his or her property in any way, and each party
hereby waives and relinquishes any and all rights he or she may now have or hereafter
acquire, 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, including without limitation,
dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right
to take against the will of the other, and right to act as administrator or executor of the
other's estate, and each will, at the request of the other, execute, acknowledge and
deliver any and all instruments which may be necessary or advisable to carry into effect
this mutual waiver and relinquishment of all such interest, rights and claims.
11. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The
parties have attempted to distribute their marital property in a manner which conforms to
the criteria set forth in Section 3502 of the Pennsylvania Divorce Code, and taking into
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account the following considerations: The length of the marriage, the age, health, station,
amount and sources of income; vocational skills, and employability; estate, liabilities and
needs of each of the parties; the contribution of each party to the education, training or
increased earning power of the other party; the opportunity of each party for future
acquisitions of capital assets and income; the sources of income of both parties, including
but not limited to medical, retirement, insurance or other benefits; the contribution or
dissipation of each party in the acquisition, preservation, depreciation, or appreciation of
the marital property, including the contribution of each spouse as a homemaker; the value
ofthe property set apart to each party; the standard ofliving of the parties established
during the marriage; and the economic circumstances of each party at the time the
division of property is to become effective.
The division of existing marital property is not intended by the
parties to constitute in any way a sale or exchange of assets. The division of property
under this Agreement shall be in full satisfaction of all marital rights of the parties.
12. ENTRY AS PART OF THE DECREE. It is the intention ofthe parties that
this Agreement shall survive any action for divorce which may be instituted or
prosecuted by either party, and no Order, Judgmentor Decree of Divorce, temporary,
interlocutory, final or permanent shall affect or modify the financial terms of this
Agreement. This Agreement shall be embodied in and made part of any such Judgment
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or Decree of final divorce.
13. FINANCIAL DISCLOSURE. The parties confirm that they have relied on
the completeness and substantial accuracy of the financial disclosure of the other as an
inducement to the execution of this Agreement. The parties acknowledge that there
has been no formal discovery conducted in their pending divorce. Each party has
filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania
Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a
claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any
interest owned by the other party in an asset of any nature at any time prior to the date of
execution of this Agreement that was not disclosed to the other party or his or her
counsel prior to the date of the within Agreement is expressly reserved. In the event that
either party, at any time hereafter, discovers such undisclosed assets, the party shall have
the right to petition the Court of Common Pleas of Cumberland County to make
equitable distribution of said asset.
The non-disclosing party shall be responsible for payment of
counsel fees, costs and expenses incurred by the other party in seeking equitable distribu-
tion of said asset.
Notwithstanding the foregoing, the Agreement shall in all
other respects remain in full force and effect.
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14. LISTING OF ASSETS AND LIABILITIES OF THE PARTIES. Husband
and Wife agree that the following list of assets constitute the marital assets subject to
equitable distribution set forth in this Agreement.
A. Real estate located at 510 Ohio Avenue, Lemoyne, Cumberland County, P A
valued at $176,300 as per appraisal of Robert Ensminger.
B. Vacant land consisting of approximately 10 acres located in Mayville,
Michigan having an estimated value of approximately $30,000.
C. 50 shares of AOL Stock haying a value of approximately $1,276.00.
D. Allfirst Bank checking account #00820-7415-1 having a date of separation
balance of approximately $6,198.54.
E. Allfust Bank savings account #8-000-000-2027136 having a date of separation
balance of approximately $243.16.
F. Toyota Mini Van having a value of$1,100.00.
G. Household furniture and furnishings having an appraised value of $18,595 as
of the date of separation and as appraised by Robert Ensminger.
H. Wife's 401K investment having a date of separation value of$3,914.
15. LIABILITIES OF THE PARTIES AT THE TIME OF SEPARATION.
A. Wells Fargo Mortgage Company. Mortgage on residence having a current
payoff of$165,645.41.
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B. Magic Window Company, $7,000.
16. REAL ESTATE. Husband and Wife own property at 510 Ohio Avenue,
Lemoyne, Cumberland County, P A, the marital residence. The real estate is titled in
Husband's name only. At or about the time of separation, said property was encumbered
by mortgage held by Wells Fargo Mortgage Company having a current balance of
approximately $165,645.41. At the time of separation the parties owed a bill for the
installation of windows to Magic Window Company in the amount of$7,000. The
mortgage and Magic Window Company bill are in Husband's name only. Husband
wishes and desires to maintain said real estate: Wife agrees to convey all her right, title
and interest in this real estate to Husband upon the condition that Husband provides
proof that the mortgage held by Wells Fargo Mortgage Company is solely in Husband's
name. Husband agrees to assume responsibility for the payment of the mortgage.
Husband already satisfied in full the Magic Window Company obligation. Husband
hereby agrees to indemnifY and hold Wife harmless from any and all liability as a result
of ownership of the real estate including non-payment of the mortgage, taxes, insurance,
assessments or any other obligation associated with the real estate.
17. PERSONAL AND HOUSEHOLD PROPERTY. The parties acknowledge
and agree that they have each had an opportunity to value or have appraised any and all
personal and household marital property. The appraisal was performed by Robert
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Ensminger and a copy of the appraisal was provided to both parties indicating a total
value of personal and household property in the amount of $18,595 at .the time of the
separation. The parties acknowledge and agree that Wife has retained the majority of the
household furniture and furnishings totaling the sum of$13,620 of the appraised value,
while Husband has retained various items of the household furniture and furnishings
totaling a value of $4;975 of the total appraised value. Wife agrees to return the
following items of personal property to Husband within seven (7) days after the
execution of this Agreement. The items are as follows:
1. Marble figurine (not found)
2. His wedding ring (delivered)
3. Necklace/medallion (not found)
4. Black china decorative plates (delivered)
5. Dishes left to him by his mother (delivered)
6. Model cars (delivered)
7. Pewter vase and pewter flowers (not found)
Husband agrees that all assets in the possession of Wife, except for those items
noted above, shall be the sole and separate property of Wife; and, Wife agrees that all
assets in the possession of Husband shall be the sole and separate property of Husband.
Each of the parties do hereby specifically waive, release, renounce and forever abandon
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whatever claims, if any, he or she may have with respect to any of the personal property
furniture and furnishings which are the sole and separate property of the other.
18. MOTOR VEIDCLES. At the time of the separation, Husband owned a 1989
Toyota Mini Van which was used by Wife until November 2001 when it was returned to
Husband. Husband and Wife agree that the present value of this van is approximately
$1,100. Husband shall retain sole possession and ownership ofthis motor vehicle. Parties
further acknowledge that there is no outstanding encumbrance loan or lien against this
vehicle. Wife waives all of her right, title and interest in and to the 1989 Toyota Mini
Van.
19. RETIREMENT BENEFITS. At the time ofthe separation, Wife was the
owner of a 401K Fidelity Investment employee benefit through her employer, Merck-
Medco Services in an amountof$3,914. Husband and Wife agree that Wife will retain
her 401K. Husband waives all right, title and interest in and to Wife's 401K.
20. BANK ACCOUNTS. Husband and Wife agree that Wife shall retain all
proceeds from the Allfirst Bank checking account #00820-7415-1 and Allfirst Bank
savings account #8-000-000-2027136. The accounts were previously closed by Wife in
October and November ofthe year 2000.
21. VACANT REAL ESTATE - MAYVILLE. MICHIGAN. Husband and
Wife acknowledge that they are the owners of approximately 10 acres of land located in
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Mayville, Michigan. The parties agree to make a good faith effort to sell this property for
the sum of $30,000. The parties agree to immediately upon the signing ofthis
Agreement, execute a listing contract with a realtor in the Mayville, Michigan area and to
proceed as' diligently as possible to sell this property for a fair and reasonable sum as to
be determined by the parties. Each party will cooperate with the sale ofthis property and
will not umeasonably seek an unrealistic sales price for this property. Upon the sale of
the property, Wife shall pay to Husband the first $2,000 of net proceeds from the sale
of this property and the balance remaining thereafter shall be equally divided
between Husband and Wife. Husband and Wife agree that they shall share equally the
real estate commission and other related expenses incurred in the sale of this property.
The parties acknowledge that on or about August 9, 2002 the vacant land
was sold and the proceeds resulting from such sale were divided between the parties
in accordance with the terms of this paragraph.
22. AOL STOCK. Husband and Wife agree that Husband shall retain the 50
shares of AOL Stock having a current value of approximately $1,276.
23. MILITARY RETIREMENT. Husband is currently on active duty with the
United States Navy having entered the service on or about June 3, 1985. Husband and
Wife acknowledge that there is no vesting in the military retirement until the military
retiree attains the retirement service length of at least 20 years. Husband is currently of
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the razik of E6 having a monthly military pay of approximately $2,191 as of the month of
separation (October 2000), In th!l event Husband tetires from the United States military
oJ! or .. 20 yeatS of 8crvi~e, Wife will receive a portion of Husband' 8 monthly military
retirement pay in the amount ofS32S.00 per month.1D the event a portlou of
Husband's milltlU')' retire,-nt pay II attributed to medical dlsabWty, sueb
cleIltlliaUoa IliaD Dot rodlle. the DJontblypayment ($325.00) to Wife.
In the event that Husband does not retire from the military through no fault of his owu,
. Wife waives all claims to any pension, retirement fund or employee benefit of Husband.
If Husballd voluntarily 8eVerlI.his miUtary service prior to 20 yem of service and
receives no mllilary retirement benefits, then the parties agree that the Court of Common
Pleas of Cumberland County shall retain jurisdiction to determine if Wife is entitled to
~eivo any additional amount af alimony as a result of Husband's voluntary 8eYerllJlCe of
his military wvico prior to 20 years of service.
Wife shaI1 not be entitled to the benefits of the survivor's benefit plan of
Husband's militItY retirement. Husband &ball not be requirod to elect survivor's benefit
plan benefits for Wife, Each party sball be responsible for the paymont of any income
taxes auributable to their respective pension benefits.
The parties shall stipulate to the ontry of a qualified domestic relations order (or
QDRO). The parties agree to engase Harry M. Leistcf,lr. of Conrad M. SiCKel, Inc. to
draft the QDR.O. Hwbimd and Wife agree to cooperate fully with Harry M. Leister, Jr.
regarding the preparation of the QDRO. The parties agree to provide Mr. Leistcf with
any information needed to complete the QDRO and the parties agree to execute the
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completed QDRO after review and approval of the QDRO by the parties respective
counsel.
24. ALIMONY PENDENTE LITE. Wife is currently the recipient of Alimony
Pendente Lite in the amount of $350.00 per month through the Domestic Relations
Section of the Court of Common Pleas of Cumberland County indexed to number 00-
7217 Civil Term, DR No. 30616, PACSES ID No. 640103401 asset forth in an Order of
the Court of Common Pleas of Cumberland County entered January 7, 2002. The parties
. agree that this Order of Alimony Pendente Lite shall be terminated upon and effective as
of the date of this Agreement.
25. ALIMONY. Husband agrees to pay to Wife alimony at the rate of $350.00
per month each and every month commencing with the month following the termination
. of the alimony pendente lite order as set forth in paragraph 24 and continuing until June
2005 at which time all payments of alimony shall terminate. Husband's obligation to pay
alimony to Wife shall terminate in the event that Wife should remarry or die on or before
June I, 2005. This order shall not terminate in the event that Wife cohabits or resides
with an individual of the opposite sex prior to June I, 2005. Husband further agrees that
the amount of alimony shall be nonmodifiable except in the event of Husband's complete
or permanent disability or death. Husband's obligation to pay alimony shall terminate on
June I, 2005 or upon his earlier death or permanent disability.
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26. TAX RETURNS. The parties agree that in the future if any penalties or
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interest or any liability for failure to declare income or the wrongful claiming of any
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deduction shall be assessed by the United States Internal Revenue Service or the
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Commonwealth of Pennsylvania or any other state as a consequence of the parties
Federal and State Income Tax returns which were filed jointly by the parties, said tax,
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penalties or interest shall be the responsibility of the party responsible for the event or act
which cause the imposition of additional taxes, penalties or interest problem. '
27. AFTER ACOUIRED REAL OR PERSONAL PROPERTYIFUTURE
EARNINGS. Each of the parties shall hereafter own and enjoy independently of any
claim or right of the other, all items of personal property, tangible or intangible, hereafter
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acquired by Husband or Wife, with full power in him or her to dispose ofthe same as
28. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to
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fully and effectively, in all respects and for all purposes, as though he or she were
unmarried.
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time at the request of the other, execute, acknowledge and deliver to the other party any
and all further instruments or documents that may be reasonably required to give full
force and effect to the provisions of this Agreement.
29. COUNSEL FEES. Each of the parties agree that they shall be responsible for
their own counsel fees, costs and expenses.
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.
30. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS. The
parties hereby agree and express their intent that any transfer of property pursuant to this
Agreement shall be within the scope and applicability of the Deficit Reduction Act of
1984 (hereinafterthe "Act"), specifically, the provisions of said Act pertaining to the
transfers of property between spouses and former spouses. The parties agree to sign and
cause to be filed any elections or other documents required by the Internal Revenue
Service to render the Act applicable to the transfers set forth in this Agreement without
recognition of gain on. such transfer and subj ect to the carry-over basis provisions of the
said Act.
31. EFFECT OF DIVORCE DECREE. The parties agree that except as
otherwise specifically provided herein, this Agreement shall continue in full force and
effect after such time as a final Decree in Divorce may he entered with respect to the
parties.
32. VOLUNTARY EXECUTION. Husband and Wife have voluntarily executed
this Agreement. Both parties acknowledge that they understand the contents herein and
that they have not signed this Agreement as a result of any duress or undue influence.
33. ENTIRE AGREEMENT. This Agreement contains the entire understanding
of the parties, and there are no representations, warranties, covenants, or undertakings
other than those expressly set forth herein.
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34. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding
and shall inure to the benefit of the parties hereto and their respective heirs, executors,
administrators, successors and assigns.
35. BREACH. If either party breaches any provision of this Agreement, the other
party shall have the right, at his or her election, to sue for damages for such breach, to
seek such other remedies or relief as may be advisable to him or her, and the party "
breaching this contract shall be responsible for payment of legal fees and costs incurred
by the other in enforcing their rights under this Agreement. "
36. INDEPENDENT SEPARATE COVENANTS. It is sptJcificallyunderstood
and agreed by and between the parties hereto that each paragraph hereof shall be deemed
to be a separate and independent Agreement.
37. MOD1FICATION AND WAIVER. A modification or waiver of any of the
provisions of this Agreement shall be effec~ive only if made in writing and executed with
the same formality as this Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall not be construed as a
waiver of any subsequent default of the same or similar nature.
38. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for
convenience only. They shall h~ve no affect whatsoever in detennining the rights or
obligations of the parties.
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39. APPLICABLE LAW. This Agreement shall be construed under the laws of
the Commonwealth of Pennsylvania.
40. VOID CLAUSE. If any term, condition, clause or provisions of this
Agreement shall be determined or declared to be void or invalid in law or otherwise, then
only that term, condition, clause or provision shall be stricken from this Agreement and
in all other respects this Agreement shall be valid and continue in full force, effect and
operation.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written.
21
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF
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,2003.
NOTARIAL SEAL
KAY L DWULET Notar P b'
City of Harrisburg, Dauoh'~ Co~~
My Commission Expires March 19, 2b06
(SEAL)
COMMONWEALTH OF PENNSYL VANIA
COUNTY OF
. Before me, the undersigned officer, a Notary Public in and for said
Commonwealth and County, personally appeared TRINIDAD SCALERA, who being
. duly sworn according to law, deposes and says. that the facts and matters set forth in the
within and foregoing Marital Settlement Agreement are true and correct to the best of
her knowledge, information and belief.
Sworn and subscribed to before me this ~ day of -.s..ll.l.J\J , 2003.
H.LO.1mA.. ii {Atu/1 IYlO..D
Notary Public
My Commission Expires:
(SEAL)
NotaJlalSeaI
Hea1her Rothennel, Notary PubI'lC
Halifax Twp" Dauphin County
My Commission Expires Jan. 6, 2007
Member. Pet.1IyIvMia AssociatIon 01_
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John B. Scalera. Jr.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CNILACTION -LAW
Trinidad Scalera
Defendant
NO. 00-7217
IN DNORCE
DOMESTIC RELATIONS ORDER
1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the
Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant.
It is intended to constitute a QualifYing Court Order under the Uniformed Services Former
Spouse's Protection Act, 10 U.S.C. Section 1408 and following.
2. This DRO is entered pursuant to authority granted under the applicable domestic
relations laws of the State of Pennsylvania.
3. This DRO relates to the provision of marital property rights to the Alternate Payee
pursuant to a Marital Settlement Agreement entered into on June 3, 2003.
4. This DRO applies to the Military Retirement System ("Plan") and any successor
thereto. John B. Scalera, Jr. ("Participant") is a Participant in the Plan. Trinidad Scalera
("Alternate Payee"), the former spouse, is the Alternate Payee for the purpose of this DRO.
5. The Participant's name, mailing address, Social Security number and date of birth are:
John B. Scalera, Jr.
510 Ottio Avenue
Lemoyne, PA 17043
Social Security No.: 101-56-9095
Date of Birth: December 24,1961
6. The Alternate Payee's name, mailing address, Social Security number and date of birth
are:
Trinidad Scalera
128 South Second Street
Wornlieysburg,PA 17043
Social Security No.: 249-89-3478
Date of Birth: December 6, 1963
7. The Participant assigns to the Alternate Payee an interest in the Participant's
disposable military retired pay. The Alternate Payee is entitled to a direct payment in the
amount specified below and shall receive payments at the same time as the Participant.
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Page 2 of 5
8. The Participant's rights uJ;lder the Soldiers' and Sailors' Civil Relief Act of 1940 (50
U.S.C. !l521) were observed by the Court as evidenced by the presence of his legal counsel at the
proceedings.
9. This Order assigns to Altemate Payee an amount equal to $325 of the Participant's
military retired pay if the Participant retires after completing at least 20 years of service.
The Altemate Payee shall not receive a share of any cost-of-living adjustments made to
the Participant's benefits.
10. The monthly payments under Paragraph 9 shall commence to the Alternate Payee as
soon as administratively feasible following the co=encement of Participant's retirement benefits
and shall continue during the joint lives of the parties. If the Alternate Payee dies before the
Participant, the Altemate Payee's share ofthe Participant's military retired pay shall revert to
the Participant.
11. The Participant shall be under no obligation to provide for any survivor annuity benefit
for the Alternate Payee under the Plan.
12. The jurisdictional requirements of 10 U.S.C. Section 1408 have been complied with, and
this Order has not been amended, superseded, or set aside by any subsequent order.
13. The Participant and the Altemate Payee acknowledge that they have been married for
a period of more than ten years during which time the Participant performed more than ten years
of creditable military service. The parties were married on November 15, 1989, and separated on
October 20, 2000.
14. The Altemate Payee agrees that any future overpayments to her are recoverable and
subject to involuntary collection from her or her estate.
15. The Altemate Payee agrees to notify DFAS about any changes in the Domestic
Relations Order or the order affecting these provisions of it.
16. The Participant agrees to cooperate with the Altemate Payee to prepare an application
for direct payment to the Alternate Payee from the Participant's retired or retainer pay pursuant
to 10 U.S.C. Section 1408. The Participant agrees to execute all documents that the United States
Army may require to certify that the disposable military retired pay can be provided to the
Altemate Payee.
17. The Participant agrees not to merge the Participant's disposable military retired pay
with any other pension and not to pursue any course of action that would defeat the Alternate
Payee's right to receive a portion of the disposable military retired pay of the Participant. The
Participant agrees not to take any action by merger of the military retirement pension so as to
cause a limitation in the amount of the total retired pay in which the Participant has a vested
interest and, therefore, the Participant will not cause a limitation of the Altemate Payee's
monthly payments as set forth above. The Participant agrees to indemnify the Altemate Payee
for any breach of this Paragraph 17 as follows: If the Participant becomes employed or otherwise
has his military pension merged, which employment or other condition causes a merger of the
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Page 3 of5
Participant's disposable military retired pay, the Participant will pay to the Alternate Payee
directly the monthly amount provided in Paragraph 9 under the same terms and conditions as if
those payments were made pursuant to the terms of this Order.
18. If in any month, direct payment is not made to Alternate Payee by DFAS (or the
appropriate military pay center) pursuant to the terms ofthis Order, Participant shall pay the
amounts called-for above directly to Alternate Payee by the fifth day of each month in which the
military pay center fails to do so, beginning on the date that Alternate Payee would have
otherwise been entitled to commence her payments. This includes any amounts received by the
Participant in lieu of disposable retired pay, including but not limited to, any amounts waived by
Participant in order to receive Veterans Administration (i.e., disability) benefits or any amounts
received by Participant as a result of an early-out provision, such as VSI or SSB benefits.
19. If the Participant takes any action that prevents, decreases, or limits the collection by
the Alternate Payee ofthe sums to be paid hereunder, he shall make payments to the Alternate
Payee directly in the amount sufficient to neutralize, as to the Alternate Payee, the effects of the
actions taken by the Participant.
20. The parties acknowledge that the following items must be sent by the Alternate Payee
to Defense Finance and Accounting Service, Cleveland/Code L, Garnishment Operation, P.O. Box
998002, Cleveland, OR 44199-8002. The Participant agrees to provide any ofthis information to
the Alternate Payee at the Alternate Payee's request and to make all necessary efforts to obtain
any of this information that the Alternate Payee is unable to obtain.
a. A copy of this Domestic Relations Order that divides retired pay and any decree
that approves this Order certified within ninety (90) days i=ediately preceding its service on the
applicable military pay center for the United States Navy.
b. A statement by the Alternate Payee that verifies that the divorce decree has not
been modified, superseded, or set aside.
c. The parties marriage certificate.
d. The Participant's name, Social Security number, date of birth and name of
military service.
e. The Alternate Payee's name, address and Social Security number.
f. An indication that this is a written request to enforce the accompanying Domestic
Relations Order in lieu of application form DD-2293.
21. The Court shall retain jurisdiction to enter such further orders as are necessary to
enforce the award to the Alternate Payee of the military retirement benefits awarded herein,
including the recharacterization thereof as a division of Civil Service or other retirement benefits,
or to make an award (in the sum of benefits payable plus future cost-of-living adjustments) in the
event that the Participant fails to comply with the provisions contained above requiring said
payments to the Alternate Payee by any means, including the application for a disability award or
filing of bankruptcy, or if military or government regulations or other restrictions interfere with
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Page 4 of 5
payments to the Alternate Payee as set forth herein, or if the Participant fails to comply with the
provisions contained above requiring said payments to the Alternate Payee.
22. The Alternate Payee shall be liable for any federal, state or local income taxes
associated with her assigned share of the disposable military retired pay.
23. The Participant hereby waives any privacy or other rights as may be required for the
Alternate Payee to obtain information relating to the Participant's date and time of retirement,
last unit assignment, final rank, grade and pay, present or past retired pay, or other information
as may be required to enforce the award made herein, or required to revise this Order so as to
make it enforceable.
24. The Participant shall be required to notify the Alternate Payee, in writing, within
thirty (30) days prior to Participant's actual date of retirement. Such notice shall indicate his
intentions to retire and elect benefit co=encement date. The notice shall be sent via regular
first-class mail. For this purpose, the Alternate Payee shall notify the Participant of any changes
in her mailing address.
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DRO
Page 5 of 5
25. In the event that the DF AS will not pay the Altemate Payee directly all of the benefits
awarded to her herein, then Participant shall be required to pay her directly in accordance with
the terms and provisions set forth in Section 18 above.
Accepted and ordered this'" t't day of ~
Judge
CONSENT TO ORDER:
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DEFENDANT/ALTERNATE PAYEE
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PLAINTIFFIPARTICIPANT
ATIORNEY FOR PLMNTIFm
PART ANT
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ALTERN PA E
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State Commonwealth of Pennsvlvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 09/06/05
Case Number (See Addendum for case summary)
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
lP%1 D34D I
00-7,;1.11 c...\J
o Original Order/Notice
o Amended Order/Notice
o Terminate Order/Notice
DFAS CLEVELAND CENTER*
C/O DFAS CODE L
GARlUSHMENT OPS
PO BOX 998002
CLEVELAND OH 44199-8002
RE: SCALERA, JOHN B. JR
Employee/Obligor's Name (Last, First, MI)
101-56-9095
Employee/Obligor's Social Security Number
4364100642
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
EmployerlWithholder's Federal EIN Number
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INfORMA nON: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 0.00 per month in current support
$ 0 . 00 per month in past-due support Arrears 12 weeks or greater? 0 yes Q9 no
$ 0 . 00 per month in current and past-due medical support
$ 0 . 00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 0.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 0.00 per weekly pay period.
$ 0 .00 per biweekly pay period (every two weeks).
$ 0.00 per semimonthly pay period (twice a month).
$ 0.00 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate!date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on page 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCOU
Send check to: Pennsylvania SCOU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER 1D (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
Edwar-ti
Jud cu..
Form EN-028 d
Worker ID $IATT
BY THE COURT:
Date of Order: SEP 0 7 2005
Service Type M
OMBNo.:097Q-0154
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ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
D If.~hecked you are required to provide a copy of this form to your employee. If your employee works in a state that is
dltterent from the state that issued this order, a copy must be provided to your employee even if the box is not checked.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee/obligor.
3.* Repolt;1I511U::: PayclatefDdlt:: of ',N;lLIIVIJ;1I5' YOu Illu:Jllt::lJvll tilt:: IJaydateldak of vv;Ullluld;115 VVIIt::1I :Jt::IIJ;1I5 Lilt:: IJaylllelll. Tile
paydate/date '.If vvallllvldihg;s tile clatt VII vvll;\..L alllOUht vvcH vv;lllllt::IJ hVII' lilt:: t::1I1IJlvyee's vvages. You must comply with the law of the
state of the employee's/obllgor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2491016300
EMPLOYEE'S/OBlIGOR'S NAME: SCALERA, JOHN B. JR
EMPLOYEE'S CASE IDENTIFIER: 4364100642 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.s.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net incorne left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more
than the amounts allowed under the law of the issuing tribe. Fortribal employers who receive a state order, you may not withhold more
than the amounts allowed under the law of the state that issued the order.
10. Additional Info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
l1.Submitted By:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (71 7) 240-6225 or
by FAX at (717) 240-6248 or
by internet www.childsupport.state.pa.us
Page 2 of 2
Form EN-028
Worker ID $IATT
Service Type M
OMS No.: 0970-0154
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ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: SCALERA, JOHN B. JR
PACSES Case Number 640103401
Plaintiff Name
TRINIDAD SCALERA
Docket Attachment Amount
00-7217 CIVIL$ 0.00
Child(ren)'s Name(s):
DOB
If you are required to enroll the child(ren)
in any health insurance coverage available
the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
If checked, you are required to enroll the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
you are required to enroll the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
Service Type M
OMB No.: 0970"0154
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
If checked, you are required to enroll the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
If checked, you are required to enroll the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Chlld(ren)'s Name(s):
DOB
If checked, you are required to enroll the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
Addendum
Form EN-028
Worker ID $IATT
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
TRINIDAD SCALERA ) Docket Number 00-7217 CIVIL
Plaintiff )
VS. ) PACSES Case Number 640103401
JOHN B. SCALERA JR )
Defendant ) Other State In Number
Order
AND NOW to wit, this
SEPTEMBER 22, 2005
it is hereby Ordered
that:
THE DOMESTIC RELATIONS SECTION DISMISS THEIR INTEREST IN THE ABOVE CAPTIONED
MATTER, PURSUANT TO THE PARTIES' MARITAL SETTLEMENT AGREEMENT OF JUNE 3, 2003
AND UPON DEDENDANT' S RETIREMENT. THERE IS NO BALANCE DUE THE PLAINTIFF.
BY THE COURT:
JUDGE
Service Type M
Form OE-520
Worker In 21005
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT N (). 00 - 7,;< II L i \J { \
State Commonwealth of Pennsvlvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 09/22/05
Case Number (See Addendum for case summary)
OOriginalOrder/Notice
o Amended Order/Notice
@ Terminate Order/Notice
DFAS CLEVELAND CENTER-
C/O DFAS CODE L
GARNISHMENT OPS
PO BOX 998002
CLEVELAND OH 44199-8002
RE: SCALERA, JOHN B. JR
Employee/Obligor's Name (last, First, MI)
101-56-9095
Employee/Obligor's Social Security Number
4364100642
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (last, First, MI)
Employer/Withholder's Federal EIN Number
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 0.00 per month in current support
$ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes @ no
$ 0.00 per month in current and past-due medical support
$ 0.00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 0.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 0 . 00 per weekly pay period.
$ 0.00 per biweekly pay period (every two weeks).
$ 0.00 per semimonthly pay period (twice a month).
$ 0.00 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydateldate of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's! obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on page 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BY THE COU
Date of Order:
SEP 2 2 2005
Service Type M
OMB No.: 0970-0154
Form EN-028
Worker ID $IATT
(IIQ;/fdd Q/J3jOS"
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ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If.~hecked you are required to provide a copy of this form to your employee. If YaW employee works in a state that is
dJtterent from the state that issued this order, a copy must be provided to your employee even if the box is not checked.
1, Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income,
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below,
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee/obligor.
3. * ReI-'U,t;"5 LI,e raydcrtefDate ofVJitl,l,oldihg. You Illust lepolt tile paydate!Jate; u{ naLI,uIJ;'15 vvlle;" ;'CIIJ;115 lilt:: paYlIlellL. Tile
paydatelddk u{ nitl,Luldillg b tile; date 011 vvL;\..I, alllUUlIl vva;, vval,l,clJ (IUIII Lilt:: CIIII-'Iuyce;':) vvc15t::;,. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4. * Employee/Obligtlr with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below,
THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2491016300
EMPLOYEE'S/OBLlGOR'S NAME: SCALERA, JOHN B.. JR
EMPLOYEE'S CASE IDENTIFIER: 4364100642 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law, Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs,
8. Anti-discriminatitln: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding, Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs,
9.* Withholding limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.C 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more
than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more
than the amounts allowed under the law of the state that issued the order.
10, Additional Info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
11.Submitted By: if you or your employee/obligor have any questions,
DOMESTiC RELATiONS SECTION contact WAGE ATTACHMENT UNIT
13 N. HANOVER ST by telephone at (717) 240-6225 or
P.O. BOX 320 by FAX at (717) 240-6248 or
CARLISLE PA 17013 by internet www.childsupport.state.pa.us
Page 2 of 2
Form EN-028
Worker ID $IATT
Service Type M
OMS No.: 0970-0154
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsvlvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 09/16/05
Case Number (See Addendum for case summary)
640103401
00-7217 CIVIL
@Original Order/Notice
o Amended Order/Notice
o Terminate Order/Notice
DFAS CLEVELAND CENTER'
C/O DFAS CODE L
GARNISHMENT OPS
PO BOX 998002
CLEVELAND OH 44199-8002
RE: SCALERA, JOHN B. JR
Employee/Obligor's Name (last, First, Ml)
101-56-9095
Employee/Obligor's Social Security Number
4364100642
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (last, First, Mt)
Employer/Withholder's Federal EIN Number
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA nON: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 350.00 per month in current support
$ 0.00 per month in past-due support Arrears 12 weeks or greater? Qyes (g) no
$ 0.00 per month in current and past-due medical support
$ 0.00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 350.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 80.77 per weekly pay period.
$ 161.54 per biweekly pay period (every two weeks).
$ 175.00 per semimonthly pay period (twice a month).
$ 350.00 per monthly pay period.
REMITTANCE INFORMATiON:
You must begin withholding no later than the first pay period occurring ten (10) working days afterthe date ofthis
Order/Notice. Send payment within seven (7) working days of the paydate!date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on page 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
Edward E. Guido,
Judge
Form E N-028
Worker ID $IATT
BY THE COU
Date of Order: SEP 2 0 ...
Service Type M
OMS No.: 0970-0154
""~--'-
-
,
'~ijii
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
D If checked you are required to provide a copy of this form to your~mployee. Ifyouremploye~ works in a state that is
different from the state that issued this orderl a copy must be provided to your employee even If the box is not checked.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee/obligor.
3. * Re:tJU1t;115 Llle fayJab::/Datt:: o(',l'/;L111Iold;llg. You Illu;,L ICtJUIL tllc tJayJabdJatc of vv;t1lllold;hg VVIIe:ll ;,cIlJ;llg tile paYlllellt. TIle:
tJayddtelJato;:: of vvitllLold;hg is tile daLe: UII vvll;l..I, CUllUUllt vva;, vv;L1III1;::ld (IOIIl tile: cllltJluyce';, vva5e::". You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
S. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you.
Please prOvide the information requested and return a copy of this Order/Notice to the Agency identified below.
THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2491016300
EMPLOYEE'S/OBlIGOR'S NAME: SCALERA. JOHN B. JR
EMPLOYEE'S CASE IDENTIFIER: 4364100642 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. pennsylvania State law governs unless
the obligor is employed in another State, in which case the law ofthe State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (lS U.5.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more
than the amounts allowed under the law of the issuing tribe. Fortribal employers who receive a state order, you may not withhold more
than the amounts allowed under the law of the state that issued the order.
10. Additional/nfo:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
11.Submitted By: If you or your employee/obligor have any questions,
DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT
13 N. HANOVER ST by telephone at (717) 24()"6225 or
P.O. BOX 320 by FAX at (717) 240-6248 or
CARLISLE PA 17013 by internet www.childsupport.state.pa.us
Page 2 of 2
Form EN-028
Worker ID $IATT
Service Type M
OMS No.: 0970-0154
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ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: SCALERA, JOHN B. JR
PACSES Case Number 640103401
Plaintiff Name
TRINIDAD SCALERA
Docket Attachment Amount
00-7217 CIVIL$ 350.00
Child(ren)'s Name(s):
DOB
If you are required to enroll the child(ren)
above in any health insurance coverage available
through the employee's/obligor's employment.
P ACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
If
you are required to enroll the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
If checked, you are required to enroll the child(ren)
above in any health insurance coverage available
the employee's/obligor's employment.
Service Type M
OMB No.: 0970-0154
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
you are required to enroll the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
If checked, you are required to enroll the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
If checked, you are required to enroll the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
Addendum
Form EN-02B
Worker ID $IATT
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