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OF CUMBERLAND C
STATE OF--;4 PE
DEBORAH K_ DIMEMMO,
Plaintiff Ott'
JOSEPH DIMEMMO,
Defendant
DECREE I
DI V 0 R CE
AND NOW, ...Nove.mber........!yf..... 2,9.20
decreed that ......... DEBORAH.K.. DIMEMMO.......
and ........... J........OSEPH .. D.IMEMMO
.........................
are divorced from the bonds of matrimony.
The court retains jurisdiction of the followi
been raised of record in this action for which a f
been entered;
Master's Report dated 4 October 2001, is he
into the Final Divorce Decree.
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1. , it is ordered and
......... , plaintiff,
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DEBORAH K. DiMEMMO,
Plaintiff
vs.
JOSEPH DiMEWW,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 6654 CIVIL
IN DIVORCE
THE MASTER: Today is Thursday, October 4, 2001. This is the
date set for a Plaster's hearing in the above captioned divorce proceedings.
Present in the hearing room are the Plaintiff, Deborah K. DiP,lemmo, and her
counsel Max J. Smith, Jr., and the Defendant, Joseph DiMemmo, and his
counsel Cindy S. Conley and Donald T. Kissinger.
This action was commenced by the filing. of a divorce complaint
on November 3, 1999, raising grounds for divorce of irretrievable breakdown of
the marriage. No economic claims were raised in the complaint. On April 14,
2000, an amended complaint was filed adding a ground for divorce of
indignities and raising the economic claim of equitable distribution. Husband
filed a petition on February 22, 2001, raising economic claims of alimony,
alimony pendente lite, and counsel fees and costs.
The parties were married on May 28, 1977, and agreed that the
separation occurred November 3, 1999. This agreement was stated in the pre-
hearing conference memorandum after consultation with counsel, which was
placed on the record on Monday, June 4, 2001.
The parties are the natural parents of three children, all of whom
are minors. Inasmuch as the parties currently reside in the same residence,
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although they are separated as far as their lives, they have reached an
agreement with respect to the custody of the three children, which will go in
effect December 2, 2001. Currently the children are also residing in the same
residence as both parents so that the custody order will probably not become
meaningful or effective until after husband vacates the marital residence.
After considerable negotiations today, the Master has been
advised that the parties have reached an agreement with regard to the
outstanding economic claims. An agreement is going to be placed on the
record in the presence of the parties. The agreement as placed on the record
will be considered the substantive agreement of the parties, not subject to any
changes or modifications except for correction of typographical errors, which
may be made during the transcription. After the agreement has been
transcribed, the draft will be sent to counsel to review for typographical
errors, the corrections can be made by the court reporter, if any, and then the
parties and counsel will be asked to sign the completed document affirming the
terms of settlement stated on the record. It is understood, however, that
when the parties leave the hearing room today, even though there has been no
signatures affixed to the agreement, they are bound by the terms of the
agreement as stated on the record.
With respect to the grounds for divorce, the Master was provided
previously affidavits of consent and waivers of notice of intention to request
entry of divorce decree which were signed by both parties and filed with the
Prothonotary on July 3, 2001. The divorce can, therefore, conclude under
Section 3301(c) of the Domestic Relations Code,
Following the receipt by the Master of a completed agreement,
the Master will prepare an order vacating his appointment and counsel will
then be in a position to file a praecipe transmitting the record to the Court
requesting a final decree in divorce. Mr. Smith.
MR. SMITH: The parties have agreed as follows:
1. Husband agrees to transfer to wife all of his right, title, and interest in
the marital residence located at 1108 Gunstock Lane, Mechanicsburg,
Pennsylvania. Wife shall refinance the current mortgage thereon and shall
apply for said mortgage refinancing within five working days from the date
hereof and to the extent she is able, wife shall complete the mortgage
refinancing process on or before December 1, 2001.
Husband shall execute a deed to be prepared by wife's counsel and held
in escrow by counsel for husband transferring his interest in the marital
residence to wife. Husband's counsel shall provide an executed copy of that
deed so that wife may present it to her lender in connection with the mortgage
refinancing process. In consideration for transferring his interest in the
marital residence to wife, wife shall pay to husband at the time of her
refinancing settlement the sum of $32,024.00. That amount not only is in
consideration for husband's interest in the marital residence, but also in the
furtherance of husband's interest in the equitable distribution of marital
assets. The aforesaid sum which is payable from wife to husband takes into
account all prior issues of dispute concerning the economic and property issues
as well as any crediting issues that had been heretofore presented by either
party.
Until husband vacates the marital residence, the parties shall continue
to share equally the monthly mortgage payments and husband alone shall
continue to pay the monthly electric, water and America On-line. The parties
shall further bear equal responsibility for payment of the family food expenses.
2. The parties have agreed to divide their personal property pursuant to a
marked up appraisal prepared by Chuck E. Bricker, which has been annotated
by the parties and signed by them today. Each party has been presented with
copy of that appraisal and have agreed to abide by the agreement. The
appraisal will be attached to the agreement as an exhibit. (Joint Exhibit No. 1)
While it is expected that husband shall remove his belongings when he vacates
the marital residence, in no event shall those items remain in the residence
beyond six months from the date hereof.
3. Husband shall be solely responsible for payment of the PSECU Visa
account, which has an approximate balance of $7,200.00 and shall take
whatever steps are necessary to remove wife's name from that account within
thirty (30) days from the date hereof.
4. With respect to the remaining marital assets and the distribution of
same, they shall be divided pursuant to an exhibit to be prepared by counsel
for the parties in a neat and final format and attached hereto. (Joint Exhibit
No. 2)
5. The parties have contributed to three Pennsylvania Tuition Account
Programs for the benefit of their three minor children, all of which are titled in
the name of husband. To the extent that husband is able, under the
Account Program Tuition
, he shall separate the contributions that have been made by
wife to those plans so that they may be placed in accounts initiated by her
post-separation, again, for the benefit of the three children. To the extent
husband is not able to accomplish the separation of wife's contributions
directly to. her as aforesaid, he shall maintain the three accounts for the
benefit of the minor children and shall not invade those accounts which shall
specifically be used for the three children's education. In the event that the
accounts are not used for the education of one or more of the children,
husband agrees that upon each child attaining age thirty (30), the parties shall
divide the remaining balance of said account in proportion to their
contributions to said account.
The parties acknowledge that as of today the account for their daughter
Gabrielle has an account balance of $23,075.00. The account for their son
Anthony has an account balance of $17,375.00 and the account for their son
Nathaniel has an account balance of $19,000.00.
6. Husband hereby waives any ancillary claims that he has raised to date
including alimony, alimony pendente lite, spousal support, counsel fees, costs,
and expenses.
7. The parties agree that the agreement shall be incorporated into their
final decree in divorce for enforcement purposes.
8. The sum of approximately $1,222.00 is being held in escrow by counsel
for wife representing an IRS refund of $600.00 and an All State insurance
reimbursement check at the sum of $622.00. That amount shall be released to
counsel for husband within five (5) days from the date hereof.
9. There are certain United Stated savings bonds, Series E, which are to be
the property of husband and which are in wife's possession and shall be
released to him within five (5) days from the date hereof.
10. Similarly there are stock certificates held by the parties jointly but are
in the possession of wife. Specifically there are 74 shares of Schering Plough
stock and 100 shares of Pepsico stock, which certificates shall be released to
husband, again, within five (5) days from the date hereof.
11. The parties acknowledge that wife is to become sole owner of the 1997
Ford Econoline van and that the title thereto is currently being held jointly.
Husband shall take whatever steps are necessary to release his interest and
sign over that title to wife at the appropriate time upon request by wife.
12. 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,
statutory allowance, widow's allowance, right of intestacy, right to take
against the will of the other, and right to act as administrator or executor in
the other's estate. 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.
MR. SMITH: Mrs. Dihlemmo, you've been present during
these proceedings throughout today?
MRS. DiMEMMO: Yes.
MR. SMITH: And you've participated in the negotiations,
which have resulted in the agreement that has just been stated?
MRS. DiMEh1M0: Yes.
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MR. SMITH: Have you had an opportunity to view both
exhibits one and two which concern the distribution of assets and really pertain
to the overall economic resolution of this case?
MRS. DiMEMMO: Yes, I have.
MR. SMITH: And are you satisfied that the agreement as
stated with the exhibits is in your best interest?
MRS. DiMEMMO: Yes.
MR. SMITH: And that being said, you agree to sign the
agreement when presented with it?
MRS. DiMEMMO: Yes.
MR. KISSINGER: Mr. DiMemmo, you've been present
through negotiations throughout this morning and early afternoon?
MR. DiMEMMO: Correct.
MR. KISSINGER: And you have listened thoroughly to the
agreement that has been read on to the record today?
MR. DiMEMMO: Yes.
MR. KISSINGER: You also have had the opportunity to
review exhibits one and two as they pertain to the equitable distribution of
your marital property?
MR. DiMENu'A0: Yes.
MR. KISSINGER: And do you agree that the terms read on to
the record today represent the terms of your settlement as negotiated here
throughout the course of the morning and early afternoon?
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MR. DiMEMMO: Yes.
MR. KISSINGER: And it is your intention to sign the
transcript of this agreement as prepared by the court reporter upon
presentation?
MR. DiMEMMO: Yes,
I acknowledge that I have read the above stipulation and
agreement, that I understand the terms of settlement as set forth herein, and
that by signing below I ratify and affirm the agreement previously made and
intend to bind myself to the settlement as a contract obligating myself to the
terms of settlement and subjecting myself to the methods and procedures of
enforcement which may be imposed by law and in particular Section 3105 of
the Domestic Relations Code.
WITNESS:
DATE:
Max J. Smith, Jr.? Deborah K. DiMemmo
Attorney for Plaintiff
Donal?ge ) Josep Dilv(emmo
Cindy S. Conley
Attorneys for Defendant
Didlemnio v, DhIlewnto
Joint Evhihit #2
,Seherhde o/'Dimibriliau nl: Lssets
To Dcborah K. DiMemtno
Asset Stipulated Marital Value
1. Marital Residence SI 56.527.00 (equity)
(subject to mortgage)
2. Deborah's Moruan Stanley IRA S ?.3:2.00
3. Holy Sprit Hospital Fidelity Inve: tment S 3362!10
4. Penn State-Geisinger Fidelity Investment S 3,012.2 2
5. Pinnacle Health 403(B) S 15,751.00
6. Lincoln Financial Group 403(6) S 5,736.64
7. TIGLVCP.EF S 2,975.75
S. Traveiers Artnuiiv S 32,655.36
9. Pinnacle Health Defined Benefit Pension S 14,777.00
10. !997 Ford Econoline Van S 11,500.00
To Joseph Di\{emno
Asset Stipulated Marital Value
1. PSERS Pension S134,371.00
2. Joseph's Deferred Compensation. Plan S 55,125.00
3. Joseph's [organ Stanley IRA S 3,IS3.22
4. U.S. Savings Bonds S 2,755.40
5. Joint Tax Refund S 600.00
6. House insurance Proceeds S 622.18
7. Car Insurance Proceeds S 2,455.00
S. AICPA Account S 1,635.00
9. Schcring Plough Stock (74 shares) S 2,756.50
10. Pepsico Stock (100 shares) S 4.935.00
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DEBORAH K. DIMEMMO,
Plaintiff
V.
JOSEPH DIMEMMO,
Defendant
NO. 99-6654
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following inforniation, to the Court for entry of a
divorce decree:
I. Ground for divorce: irretrievable breakdown under Section (X) 3301 (c)
( ) 3301 (d) of the Divorce Code. (Check applicable section).
2. Date and manner of service of the complaint: By personal service, see Affidavit of
Service Filed October 24, 2000.
3. (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 Plaintiff October 4, 2001 ; by Defendant October 4, 2001
(b)(1) Date of execution of the Plaintiffs affidavit required by Section 3301 (d) of the
Divorce Code:
Defendant:
(2) date of service of the Plaintiffs affidavit upon the
4. Related claims pending: None /
Attorney for (X) Plain
( ) Defendant
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IN "I"I IE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
DEFSORAII K, DL\IElfi ff No. ?'l CV PlaimilT ? ? ? (O /
JOSEPH DIMENINIO.
Defendant
('I\'1l. ACTION - LAW
IN DIVORCE
NOTICE
You have been sued in court. Ifyou wish to (Ielcnd 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 against you by the court. Ajudgment may also be entered
against you for any other claim or relief requested in these papers by the IIIaintilr. You
may lose money or property or other rights important to you, including custody or
visitation ofyour children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available
in the office of the Prothonotary at the Cumberland County Courthouse, One Courthouse
Square, Carlisle, Pennsylvania 17013.
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 TI IE RIGIiT "r0 CLAM ANY OF
THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LA\VYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TFLEPHONF. THF. OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
7 17-249-3 166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
DEBORAiI K. DIMEM\IO, No.
Plaintiff
?. CIVIL ACTION - LAW
JOSEPH DINIEMNIO.
Defendant IN DIVORCE
COMPLAINT IN DIVORCF:
1. The Plaintiff. Deborah K. Dinnounno, is an adult individual %%hose current address is
1108 Gunstock Lino. Mcchancisburg. Pennsylvania 17055.
?, The Defendant. Joseph Dinnenuuo, is an adult individual who currently resides at 1108
Gunstock Lane. Mechancisburg. Cumberland County, Pennsylvania 17055.
3. Plaintiff and Defendant have been bona ride residents of the Conunormeallh of
Pennsylvania royal least six months immediately prior to the filing of this Complaint.
4. The Plaintiff and the Defendant were married on May 28, 1977. in Tyrone.
Pennsylvania.
The panics separated on or about July 1999.
6. Neither parry has instituted any prior action of divorce or annulmenl with regard to this
rnarriagc in this or any otbcrjurisdictiou.
7. Plaintiff has been advised of Ilnc availability of counseling and understands that he nun'
have the right to re(prest that the Conn require the panics to participate in counseling.
8. Thcre are three minor children by this narriage: Gabrielle Dinncnuno, bony Januiry 28.
1984: Nathaniel Dintenuno, born September 20. 1985:: nd Anthony Dinnenuno, born August 13, 1987.
9. Neither party is a nsmber of the Armed Forces of the United States of America.
10. The marriage is irretrievably broken.
WHEREFORE. the Plaintiff requests this Honorable Conn to enter a Decree of Divorce in this
matter pursuant to 3301(c) or 3301(d) of the Divorce Codc.
Respectfully. submitted.
Kciih B. cAnno d. Esq. /
Avornev for Plaintiff
DeArmond & DeArnrond
2800 Market Street
Cannpllill.PA 17011
717-730-9394
Supreme Cl. I.D. No. 58878
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VERIFICA'T'ION
I, the undersigned, do hereby verify that the statements made in the foregoing
Complaint and correct to the best of my knowledge, information and belief. 1 understand
that statements herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to
unsworn falsification to authorities.
Date!(' I a-I kir"1
Deborah K. Dintentmo
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DEBORAH K. DiMEMMO,
Plaintiff
VS.
JOSEPH DiMEMMO,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
N0.99-6654 Civil Tenn
CIVILACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. Ifyou wish to defend against the claims
set forth in the following pages, you must take prompt action. You are warned that if you
fail to do so, the case may proceed without you and a decree of divorce or annulment may
be entered against you by the court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of
marriage, you must request marriage counseling. A list of marriage counselors is avail-
able in the Office of the Prothonotary at
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
L
MAC J. SMITH, JR., Eg tire
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
DEBORAH K. DiMEMMO,
Plaintiff
Vs.
JOSEPH DiMEMMO,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6654
CIVIL ACTION - LAW
IN DIVORCE
AMENDED COMPLAINT IN DIVORCE
AND NOW comes the Plaintiff, DEBORAH K. DiMEMMO, by her attorney,
MAX J. SMITH, JR„ Esquire, and seeks to obtain a Decree in Divorce upon the grounds
hereinafter more fully set forth:
The Plaintiff, DEBORAH K. DiMEMMO, is an adult individual and
citizen of the United States of America, whose address is 1108 Gunstock Lane,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. The Defendant, JOSEPH DiMEMMO, is an adult individual and citizen of
the United States of America, whose address is 1 108 Gunstock Lane. Mechanicsburg,
Cumberland County, Pennsylvania 17055.
3. Plaintiff and Defendant have been bona fide residents in the
Commonwealth of Pennsylvania for at least six (6) months immediately previous to the
filing of this Complaint.
4. Plaintiffand Defendant were married on or about May 28, 1977 in Tyrone,
Pennsylvania.
5. Neither Plaintiff nor Defendant is a member of the United States Armed
Services.
6. Plaintiff and Defendant have both been advised of the availability of
marital counseling and that each may have the right to request that the court require the
parties to participate in counseling.
Plaintiff avers that there has been no prior action for divorce or annulment
of the marriage filed by either party in this or any otherjurisdiction.
8. Plaintiff avers that the marriage is irretrievably broken, pursuant to Section
3301(c) of The Pennsylvania Divorce Code Act 206 of 1990.
9. Defendant has offered such indignities to the Plaintiff, the innocent and
injured spouse, as to render her condition intolerable and life burdensome, pursuant to
Section 3301(a)(6) of The Pennsylvania Divorce Code Act 206 of 1990.
10. This action is not collusive.
WHEREFORE, Plaintiff prays your Honorable Court to enter a Decrce of Divorce
from the bonds of matrimony.
COUNT 11 - EQUITABLE DISTRIBUTION
11. Paragraphs one (1) through ten (10) are incorporated herein by reference as
though set forth in full.
12. Plaintiff and Defendant have legally and beneficially acquired property, both real
and personal, during their marriage, which property is "marital property".
13. Plaintiff and Defendant may have owned prior to the marriage property, both real
and personal, which property has increased in value during the marriage and/or which has been
exchanged for other property, which has increased in value during the marriage, all of which is
"marital property"
14. Plaintit7'and Defendant have been unable to agree as to an equitable division of
said property to the date of the filing of this Complaint.
WHEREFORE, Plaintiffrequests the Court to equitably divide all marital property.
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Dated: April 12, 2000
MAX J. SMITE-I, JR.,Ct-,squire
James, Smith, Durkin fi Connelly, LIT
P.O. Box 650
Hershey, PA 17033
(717) 533-3250
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.
Section 4904, relating to unsworn falsification to authori-
ties.
DEBORAH K. CiMEMMO
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DEBORAH K. DIMEMMO, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 99-6654
JOSEPH DIMEMMO. CIVIL ACTION -LAW
Defendant IN DIVORCE
AFFIDAVIT OF SERVICE
CONINIONWEALTH OF PENNSYLVANIA :
SS.
COUNTY OF DAUPHIN
BEFORE ME, personally appeared JOHN R. ZIMMERMAN, who being duly
sworn according to law, deposes and says that he did serve in person the Amended
Complaint in Divorce upon Joseph DiNlemmo at Insurance Liquidators, 901 N. 7°i Street,
Harrisburg, Pennsylvania; service having been made on the 18th day of April, 2000 at 1:20
p.m.
JOLT R. ZIMNIERMA
SWORN and subscribed to
before me this /Iday
of April. 2000.
NOTARY PUBLIC
NOTARIAL BEAL
$ISTTOWN
HUNVE, DAUPHIN COUq?ry PA
tlY COYUISSION EXPIRES JUNE 0
p009
JUL-02-2001 1332 •. HOWETT KISSINGER & CONLEY 7172345402 P.02i03
IN THE COURT OF CO INION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DEBORAH K. DIMEMMO,
Plaintiff ) No. 99-6654
V. )
JOSEPH DIMEMMO, ) CIVIL ACTION - LARr
Defendant ) IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
A complaint in divorce under §3301(c) of the Divorce Code was filed on
November 3, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
days have elapsed from the date of filing and service of the complaint.
3. I consent to the entry of a final decree in divorce after service of notice of
intention to request entry of the decree.
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301fc1 OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made above arc true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom
falsification to authorities.
? \r
Date: I Z ll ?_)h??C,a_rl?? .4}?r?? _?,1...•
Deborah V- DiMemmo, Plaintiff
,,
-:_
CJ
.: _?
JLL-02-2001 1333, HOWETT KISSINGER & CONLEY 7172345402 P.03i03
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DEBORAH K. DDAEMMO, )
Plaintiff ) No. 99.6654
V. )
JOSEPH DIMEMMO, ) CIVIL ACTION - LAW
Defendant } N DIVORCE
DEFENDANT'S _AFFIDAVIT OF CONSENT
1. A complaint in divorce under §3301(c) of the Divorce Code was filed on
November 3, 1999.
2. ` The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
days have elapsed from the date of filing and service of the complaint.
3. I consent to the entry of a final decree in divorce after service of notice of
intention to request entry of the decree,
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
63301(c) OF THE DIVORCE CODE
1. 1 consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made above are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom
falsification to authorities.
Date: 7 - -1 c'
Jos ph DiMemmo, Defendant
TOTAL P.03
???
DEBORAH K. DIMEMMO,
Plaintiff
JOSEPH DIMEMMO,
Defendant
Social Security numbers of the partics arc:
Deborah: 205-42-1149
IN THE COURT Of COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6654
CIVIL ACTION - LAW
IN DIVORCE
Joseph: 205-42-1195
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'rl', PENNSYLVANIA
DEBORAH K. DIMEMMO,
Plaintiff ) NO. 99-6654 CIVIL
v. )
JOSEPH DIMEMMO, ) CIVIL ACTION- LAW
Defendant ) IN DIVORCE
PETITION RAISING MARITAL CLAIMS
AND NOW, comes Defendant, Joseph DiMennno, by and through his counsel, Howctt,
Kissinger and Conley, P.C., and files this Petition Raising Marital Claims and in support thereof
states as follows:
Plaintiff is Deborah K. Dilvlcnuno, an adult individual who cwrently
resides at 1 108 Gunstock Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. Defendant is Joseph DiMcnuno, an adult individual who currently resides
at 1108 Gunstock Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
3. Plaintiff and Defendant were married on May 28, 1977.
4. A Complaint for Divorce was filed by Plaintiff on November 3, 1999 in
Cumberland County, Pennsylvania.
5. Defendant hereby raises the following marital claims:
COUNT 1- ALIMONYAND AL1i110NY PBNDENTE LITE
6. The foregoing paragraphs of this Petition are incorporated herein as if set
forth at length.
7. Defendant lacks sufficient property to provide for his reasonable means
and is unable to support himselfthrough appropriate employment and requires reasonable
support to adequately maintain himself in accordance with the standard of Iiving established
during (lie marriage.
S. Defendant is unable to sustain himself during the course of this litigation.
WHEREFORE, Defendant requests the Court to enter an award of reasonable temporary
alimony until final hearing and permanently thereafter.
COUNT /1- COUN.SBI. FEES. J,XPF_N,SGSAND COSTS OF SUIT
9. The foregoing paragraphs of this Petition are incorporated herein as if set
forth it length.
10. Defendant has retained an attonicy to defend him in this action and has
agreed to pay her a reasonable fee.
11. Defendant has incurred and will incurcosts and expenses in defending this
action.
12. Defendant is not financially able to meet tither the expenses and costs of
defending this action or the fees to which his attorney will be entitled in this case.
WHEREFORE, Defendant requests the Court to enter an award of interim counsel fees,
costs and expenses until final hearing and thereupon award such additional counsel fees, costs
and expenses as deemed appropriate.
Respectfully submitted,
Date: ! l f
y ?-/
Cindy S. Conley, I?sfjuirc /
HOWETT, KISSINGER S CONLEY, P.C.
130 Walnut Street / P.O. Box S 10
Harrisburg, PA 17108
Telephone: (717) 233-2616
Counsel for Defendant
Joseph Diblemnto
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DEBORAH K. DIMEMMO,
Plaintiff ) NO. 99-6654 CIVIL
V. )
JOSEPH DIMEMMO, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
CERTIFICATE OF SERVICE.
I, Cindy S. Conley, Esquire, counsel for Joseph DiMcnutto, Defendant in the above-
captioned action, hereby certify that a true and correct copy of the foregoing Petition Raising
Marital Claims was served upon blax J. Smith, Jr., Esquire, counsel for Plaintiff, Deborah K.
DiMemmo, by depositing same in the United States mail, first class, on February 21, 2001,
addressed as follows:
Max J. Smith, Jr., Esquire
JAMES, SMITH, DURKIN & CONNELLY
134 Sipe Avenue
I-lumniclstown, PA 17036
Date: 41 Fgic: ,-?DUI
Cindy S. Conl Esquire
HOWETT, K SSINGER & NLEY, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 1710S
Telephone: 717-234-2616
Counsel for Defendant, Joseph DiMcnuno
VERIFICATION
I, Joseph DiMenuno, hereby swear and affirm that the frets contained in the foregoing
Petition Raising Marital Claims are true and correct to the best of my knowledge, information
and belief and are made subject to the penalties of 18 N.C.S. §4904 relating to unsworn
falsification to authorities.
Date: ?d l?- o 01'44-
.1 osc D' cmmo
IN THE COURT OF COMMON PLEAS OF
DEBORAH K. MEMO CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff
VS. No-99-6654 CIVIL, 19
IN DIVORCE
JOSEPH DIMEMiv10
Defendant
STATUS SHEET
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IN THE COURT OF COMMON PLEAS OF
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CIVILL] ACTION - LAW
NO.Lr'.? CIVIL 19
IN DIVORCE
STATUS SHEET
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DEBORAH K. DiMEMMO,
Plaintiff
VS.
JOSEPH DiMEMMO,
Defendant
TO: Max J. Smith
Cindy S. Conley
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 6659 CIVIL
IN DIVORCE
Attorney for Plaintiff
Attorney for Defendant
DATE: Monday, October 30, 2000
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.
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
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.
LAw 0a im or
HOWETT, KISSINGER & CONLEY, P.C.
110 WALNUTSTREET
POSTOFFICESOX 810
HARRISBURG. PL SVLVANIA 17108
Jnn N C. u0W E rr,1 R.
I%WALD'1. KISSINGLR
CINDY S. CONLEY (717)234.2616
DARREN J. IIOLSI October 15, 3001
FAX (717) 214-5402
DFHRA M. SHINIP
Legal Assistant
Robert E. Elickcr, II, Divorce Master
Ater Tracy
9 North Hanover Street
Carlisle, PA 17013
Re: Dittlemmo v. Di/tJentmo
Dear Master Elickcr:
We have reviewed the transcript of the partics agrecinent in the above referenced case.
Please be advised that Attorney Smith and I are in agreement that the only change needed to this
agreement is in paragraph 5. In that paragraph, the last scntcnce should be changed to read as
follows:
In the event that accounts are not used for the education of one or
more of the children, husband agrees that upon each chi ld attaining
age thirty (30), the partics shall divide the remaining balance of said
account in proportion to their contributions to Said account.
In addition, I ant enclosing with this Iciterjoinl exhibit "T" which is agreeable to both
myself and Attorney Smith.
I look forward to receiving the final agreement front you for the partics eXCCUtion.
Sincerely,
Donald T. Kissinger
DTK/sntt
cc: Max J. Smith, Jr., Esquire (w/cncl) (via fax & mail)
Joseph DiMenuno (w/encl)
Diblenuuo n. DiAleninio
joint Exhibit #2
Scher6rleofDistribution ofAssecc
To Deborah K. DiMcmnio:
Asset
1. Marital Residence
(subject to mortgage)
2. Deborah's Morgan Stanley IRA
3. Holy Spirit Hospital Fidelity Investment
4. Penn State/Geisinger Fidelity Investment
5. Pinnacle I Icalth 403(B)
6. Lincoln Financial Group 403(B)
7. TIAA/CREF
8. Travelers Annuity
9. Pinnacle Health Defined Benefit Pension
10. 1997 Ford Econolinc Van
To Joseph DiMemmo:
Asset
1. PSERS Pension
n. Joseph's Deferred Compensation. Plan
3. Joseph's Morgan Stanley IRA
4. U.S. Savings Bonds
5. Joint Tax Refund
6. House Insurance Proceeds
7. Car Insurance Proceeds
8. AICPA Account
9. Schering Plough Stock (74 shares)
10. Pepsico Stock (100 shares)
Stimulated Marital Value
51 56,527.00 (equity)
S 3,252.00
S 3.362.00
S 3,012.22
S 15,751.00
S 5,736.64
S 2,975.75
S 32,658.36
S 14,777.00
S 11,500.00
Stipulated Marital Value
$1 34,371.00
S 58,125.00
S 3,183.22
S 2,785.40
S 600.00
S 622.18
S 2,455.00
S 1,635.00
S 2,756.50
S 4,935.00
V1 0 W?L
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Personal Property of DE
annrais2d by Chuck E. Bricker AU094-L
DateG-7 t-n(
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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, 11
Divorce Master
Traci Jo Colyer
Office Manager/Reporter
October 5, 2001
West Shore
697-0371 EA. 6535
Max J. Smith, Jr., Esquire Donald T. Kissinger, Esquire
JAMES, SMITH, DURKIN HOWETT, KISSINGER & CONLEY
& CONNELLY 130 Walnut Street
P.O. Box 650 Harrisburg, PA 17101
Hershey, PA 17033-0650
RE: Deborah K. DiMemmo vs. Joseph DiMemmo
No. 99 - 6654 Civil
In Divorce
Dear Mr. Smith and Mr. Kissinger:
Enclosed is a draft of the agreement which you put on
the record on October 4, 2001. Please review the draft for
any corrections with the understanding that no substantive
changes can be made.
After you have reviewed the draft, give us a call so
we can make appropriate corrections. rle will send the
corrected original to the Plaintiff's attorney for signature
who then can transmit the original to the Defendant's
attorney for signature. When I receive a signed copy of the
document, I will then obtain a Court order vacating my
appointment.
Thank you for your continuing cooperation in bringing
this matter to settlement.
Very truly yours,
E. Robert Elicker, II
Divorce Master
LSW OFHCLS Or
110WETT, KISSINGER lk CONLEY, P.C.
170 WALNUT STREET
POST OFFICE 00X 810
IIARRISIRMrI, I'MNSY PANIA 171118
JOIIN C.I IONVEI'1, JR.
DONALD 1'. KISSIN(alt
CINDY S. CONLEY
DARRFN J. IIOLS'I
DEBRA M. SIIIAIP
Lcgal AssistaN October 31, 2001
E. Robcrt Elicker, 11, Divorce Llastcr
Attn: 'fracy
9 North Hanover Street
Carlisle, PA 17013
Re: DiAlemmo v. Dili-lenmro
Dear Tracy:
(717) 234-2616
FAX (717) 274-5402
Enclosed please find the transcript in the above referenced case which has
now been CXCCUted by both parties. I f you have any questions please do not
hesitate to contact me and Max Smith, EsquirC.
Sincerely,
Donald T. Kissinger
DTK/smt
cc: Max Smith, Jr., Esquirc (w/encl)
Joseph DiMenuno (w/cncl)
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT Of COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 2406535
E. Robert Elicker, 11
Divorce Master
Traci Jo Colyer
Office Manager/Reporter
January 17, 2001
West Shore
6970371 Ext. 6535
Max J. Smith, Jr., Esquire Cindy S. Conley
,TAMES, SMITH, DURKIN & CONNELLY Attorney at Law
P.O. BOX 650 HOWETT, KISSINGER & CONLEY
Hershey, PA 17033-0650 130 Walnut Street
Harrisburg, PA 17101
RE: Deborah K. DiMemmo vs. Joseph DiMemmo
No, 99 - 6654 Civil
In Divorce
Dear Mr. Smith and Ms. Conley:
I have received a certification document regarding discovery from Mr.
Smith indicating that except for the real estate appraisal, which should by now have
been completed, discovery is complete. Attorney Conley has not responded
regarding the status of discovery. I do note that Mr. DeArmond has been counsel
for the Plaintiff and current counsel should provide a withdrawal of appearance for
Mr. DeArmond so as to conclude Mr. DeArmond's representation of the Plaintiff.
The divorce complaint was filed on November 3, 1999, raising grounds for
divorce of irretrievable breakdown of the marriage. No economic claims were raised
in the complaint.
On April 14, 2000, an amended complaint was filed adding the ground for
divorce of indignities and the economic claim of equitable distribution.
No claims have been raised for alimony or counsel fees and expenses.
Mr. Smith and Mr. Conley, Attorneys at Law
17 January 2001
Page 2
In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a
pretrial statement on or before Friday, February 16, 2001. Upon receipt of the
pretrial statements, I will immediately schedule a pre-hearing 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 RESULTIN THE MASTER'S APPOINTMENT BEING
VACATED.
im
DEBORAH K. DIMEMMO
V.
JOSEPH DiMEMMO
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 6654
CIVIL ACTION - LAW
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO, Deborah K. DiMenuno
Max J. Smith, Jr.
Joseph DiMenuno
Cindy S. Conley
Plaintiff
Counsel for Plaintiff
Defendant
Counsel for Defendant
*You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvania on the 27th day
of July , 2001 at 9:00 a.m. , at which
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
Date of Order and
Notice: 7/02/01
By t e C rt,
rge E. Hoff r, President Judge
By:
Divorce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
TELEPHONE (717) 249-3166
TESTIMONY WILL BE LIMITED TO THE EXPERTS ON THE MARKET VALUE OF THE
REAL ESTATE AT 1108 GUNSTOCK LANE. MECHANICSBURG, PENNSYLVANIA
DEBORAH K. DWI:MMO
V.
JOSEPH DiMEMMO
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 6654
CIVIL ACTION - LAW
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Deborah K. DiMenuno
Max J. Smith, Jr.
Joseph DiMenuno
Cindy S. Conley
Plaintiff
Counsel for Plaintiff
Defendant
Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvania on the 18TH day
of September , 2001 at 9:00 a.m. , at which
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
Date of Order and
Notice: 7/02/01
By t jCqFurt,
By:
Divorce Master
rB. Hoff 'r, President Judge
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
TELEPHONE (717) 249-3166
DEBORAH K. DiMEMMO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO. 99 - 6654 CIVIL
JOSEPH DiMEMMO,
Defendant IN DIVORCE
RE: Memorandum
DATE: Monday, July 2, 2001
This is the date set for a conference with counsel
and the parties. Present in the hearing room is counsel for
the Plaintiff, Deborah K. DiMemmo, Max J. Smith, Jr., and
counsel for the Defendant, Joseph DiMemmo, Cindy S. Conley.
Both parties are here but they are in the anteroom.
After discussion we determined that one of the
major issues preventing a settlement in the case is the value
of the real estate at 1108 Gunstock Lane, Mechanicsburg,
Pennsylvania. It is suggested that in view of a recent
custody evaluation that the house may be distributed to wife.
Wife has an appraisal which has valued the house at
$208,000.00 done by Ty Eby. Husband has not yet obtained an
appraisal, although he believes the house is worth at least
$230,000.00. It is noted that husband has had considerable
time to have an appraisal accomplished but we are going to
give him additional time to do so.
A hearing is scheduled for Friday, July 27,
2001, at 9:00 a.m. for the purpose of hearing the testimony of
the two real estate appraisers to offer opinions as to the
market value of this property at 1108 Gunstock Lane,
Mechanicsburg, Pennsylvania. If husband has not had an
appraisal completed by that time with a witness available to
testify on that date he will be precluded from offering any
testimony as to the value of the real estate. It is further
directed that he should provide Mr. Smith, counsel for wife, a
copy of his appraisal one week prior to the hearing so Mr.
Smith has an opportunity to review the appraisal with his
witness. Both appraisers should be available to hear the
testimony of the other appraiser should we have a hearing.
Notices will be sent to counsel and the parties scheduling the
hearing for July 27, 2001 at 9:00 a.m.
In the event that we cannot resolve the issues
regarding the value of the real estate and ultimately
r
the distribution of the assets,
Tuesday, September 18, 2001, at
sent to counsel and the parties.
we will schedule a hearing for
9:00 a.m. Notices will be
E. Robert Elicker, II
Divorce Master
CC: Max J. Smith, Jr.
Attorney for Plaintiff
Cindy S. Conley
Attorney for Defendant
11
r'.
DEBORAH K. DiMEMMO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 99 - 6659 CIVIL
JOSEPH DiMEMMO,
Defendant IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: Max J. Smith, Jr. , Attorney for Plaintiff
Cindy S. Conley , Attorney for Defendant
A pre-hearing conference has been scheduled
at the Office of the Divorce Master, 9 North Hanover Street,
Carlisle, Pennsylvania, on the 9th of June, 2001, 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.
Date of Notice: 2/23/01
Very truly yours,
E. Robert Elicker, II
Divorce Master
DEBORAH K. DiMEMMO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO. 99 - 6654 CIVIL
JOSEPH DiMEMMO,
Defendant IN DIVORCE
RE: Pre-Hearing Conference Memorandum
DATE: Monday, June 4, 2001
Present for the Plaintiff, Deborah K.
DiMemmo, is attorney Max J. Smith, Jr., and present for the
Defendant, Joseph DiMemmo, is attorney Cindy S. Conley.
This action was commenced by the filing of a
divorce complaint on November 3, 1999, raising grounds for
divorce of irretrievable breakdown of the marriage. No
economic claims were raised in the complaint.
An amended complaint was filed on April 14,
2000, adding a ground for divorce of indignities and raising
the economic claim of equitable distribution. On February
22, 2001, husband filed a petition raising additional economic
claims of alimony, alimony pendente lite, and counsel fees and
costs.
The Master is going to schedule a hearing on
the grounds for divorce of indignities. The testimony that
will be offered on indignities may be utilized with respect to
the issue or factor of marital misconduct as that factor may
affect husband's alimony claim. Counsel are directed to
provide each other a list of witnesses a least a week prior to
the indignities hearing. Also, in lieu of a bill of
particulars, counsel are going to outline the allegations that
each party are going to make regarding the conduct in the
marriage of the other party and identify the witnesses that
are going to provide testimony with respect to that conduct.
Wife is 47 years of age and resides at 1108
Gunstock Lane, Mechanicsburg, Pennsylvania. She lives there
with the husband although in a separate part of the house and
with the three children, Gabrielle, born January 28, 1984;
Nathaniel, born September 20, 1985; and Anthony, born August
13, 1987. Wife is a certified registered nurse anesthetist
with the Holy Spirit Hospital. She is directed to prepare an
income statement to bring along to the hearing scheduled on
the indignities claim. She has not raised any health issues.
Husband is 97 years of age and resides at
1108 Gunstock Lane, Mechanicsburg, Pennsylvania, where he
lives in a separate part of the house where wife is living.
The three children, as noted, also reside in the house.
Husband is a CPA with the State Insurance Commission and works
for the Commonwealth of Pennsylvania. He is also directed to
provide a current income statement to be available a z the
hearing scheduled on the indignities claim. He has not
raised any health issues.
Neither party is receiving nor paying child
support, spousal support or alimony pendente lite.
The parties were married on May 28, 1977, and
after discussion have agreed that the separation occurred
November 3, 1999.
The parties own real estate where they are
both residing at 1108 Gunstock Lane, Mechanicsburg,
Pennsylvania. Mr. Ty Eby has appraised the property on behalf
of wife and has placed a market value on the property of
$208,000.00. Attorney Conley intends to have the property
appraised by her own appraiser. There is a mortgage against
the property with PHH. We are going to need a current payoff
on that mortgage.
The parties own a 1997 Ford Econoli ne Van
which has a lien against the title and a 1989 Volvo which was
recently destroyed in a fire. The parties are awaiting a
check for the insurance proceeds. With respect to the value
of the Econoline Van, counsel are going to try to establish a
value through the NADA book and then subtract the amount of
the lien, which will give us a net market value.
There are various pension plans, accounts and
insurance policies which counsel are going to update with
regard to value and will provide that information at the time
of the hearing on the indignities claim.
With respect to the household tangible
personal property, the property should be appraised and then
each party can discuss what items he or she would like to have
out of that list of property for the value assessed.
The marital debt consists of the mortgage,
the car loan, and a Visa account with PSECU. Husband
apparently has been making the payments on that account and we
need a date of separation balance.
The Master is going to allow each counsel to
outline on the record what they would like to have provided in
order to prepare the case for the indignities hearing and also
to prepare the information necessary to provide spreadsheets
with the identification of the assets and the values on those
assets. Those spreadsheets will be helpful in allowing us to
evaluate the total amount of the marital estate and perhaps
give us some idea as to where the issues may lie with regard
to the identification of assets and values.
The parties are currently living together
because the issue with respect to the custody of the children
is a major part of the final resolution of this case and the
parties have asked Dr. Arnold Shienvold to do an evaluation
with regard to what is in the best interest of these children.
Hopefully he will have an opinion within the next couple of
weeks which will help perhaps these parties to better identify
how they would lice to proceed with the divorce issues. Mr.
Smith.
MR. SMITH: I believe, other than updating
the various accounts that are contained in the filings to
date, I do not believe that we require any additional
information on behalf of Mr. DiMemmo unless he has not
disclosed something. I think the Master has made it real
clear what is required to be done in order to complete the
spreadsheets and have final numbers made so that we can
equitably divide the assets.
MS. CONLEY: What I would like on behalf of
Defendant is the following:
St is my understanding that the US Savings
Bonds that were acquired during the marriage are in wife's
possession. I would like copies of those.
a would like copies of statements from any
and all retiremen r- /pension accounts that she has. I would
V
like a blanket authorization executed by wife so I can go to
her previous and current employer and get any information with
regard to any retirement accounts.
In addition, my client would like the
following items returned to him in the event they are in Mrs.
DiMemmO-S possession: His Penn state class ring, his Bulova
watch, his Ray Ban sunglasses, his Stephen Covey tapes, and
the pair of tennis shoes that he recently purchased.
(A discussion was held off the record.)
MR. SMITH: I understand that Mr. DiMemmo may
have the real estate appraised by an appraiser of his choice
and I would ask that any report be supplied within a week of
the date of the hearing to enable Mr. Eby to review that
report.
MS. CONLEY: I think I will mention that we
have agreed that Chuck Bricker will do the personal property
appraisal and the parties will split the cost of that.
MR. SMITH: That has been agreed to.
THE MASTER: A hearing is scheduled on the
grounds for divorce of indignities to the person for Monday,
July 2, 2001, at 9:00 a.m
Notices will be sent to counsel
and the parties.
CC: Max J. Smith, Jr.
Attorney for Plaintiff
Cindy S. Conley
Attorney for Defendant
DEBORAH K. DiMEMMO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO. 99 - 6659 CIVIL
JOSEPH DiMEMMO,
Defendant IN DIVORCE
TO: Max J. Smith , Attorney for Plaintiff
Cindy S. Conley , Attorney for Defendant
DATE: Monday, October 30, 2000
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.
11 r1 IS Qur.,,'??.1(, fcal'.i?Ifc•.I? Qrv".WCL? Ul1„??1. r? C??CL C? 'fo 5(.i
PI(Un??C? 0
CA ^?,?C2`,' C I
trC n.rz ?0 0LI"Ts+r..??i?J Cry roy(. ?r 1t, or CtlJr.o el y^a1'on? .
0
G-+
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
I(?2?o0
DATE COUNSEL FOR PLAI IFF ( )
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.
DEBORAH K. DiMEMMO
V.
JOSEPH DiMEMMO
IN THE COURT OF COBIMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-6654
CIVIL ACTION - LA11
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Deborah K. DiMennno
Max J. Smith, Jr.
Plaintiff
Counsel for Plaintiff
Joseph DiMemnio
Cindy S. Conley
Defendant
Counsel for Defendant
You are directed to appear for a hearing to take
*
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvania on the 2ytj day
of July 2001 at -9:00- a.m. , at-- which
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
Date of Order and
Notice: 6/4/01
By t ie C rt ,
f
C >e'6. Hoff r, President Judge
9
By
Divorce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET I,EGAL HELP.
CUNBE'RLAND CUNITY BAR ASSOCIATION
2 1.1R1:, PTY AVENUE
CA R1. 11;1F, 1'r. i701 3
160
* TESTIMONY WILL BE LIMI'I'ED'I'O THE' GROUNDS FOR DIVORCE OF
INDIGNITIES TO TI 1E PERSON.
IN THE COURT OF COMMON PLEAS Oh CUMBERLAND COUNTY, PENNSYLVANIA
DEBORAH K, DIMEMMO, 1
PI a in till'
v. )
JOSEPH DIMEMMO, )
Defendant )
No. 99-6654
CIVIL ACTION- LAW
IN DIVORCE
DEFENDANT'S PRETRIAL STATEMENTPURSU ANT TO PA RCP 1920 43(6)
I. ASSETS.
(A) MARITAL ASSETS
DATE 01' ANY PORTION LIENS OR
# ASSET VALUE VALUATION NON-NIARITAL ENCUMBRANCES
1 1103 Gunstock Lane Appraisal N/A No Yes, a mortgage of
Mechanicsburg, PA 17055 needed approx. $60,000
2 1997 Ford Econoline Van $20,000 Current No Yes, approx. $2,600
3 1959 Volvo 240 S2,000 Current No No
4 Personal Property Unknown, N/A No No
appraisal
needed
5 Schering Plough Stock Approx. 74 Should be No No
shares valued at
distribution
6 Pepsico Stock Approx. 100 Should be No No
shares valued at
distribution
7 PSECU Joint Checking To be N/1\ Yes, post No
provided separation
deposits
S PSECU Joint Savings To be N/A Yes, post No
provided separation
deposits
9 1lushand's Dean Willer Approx. Current Any post No
Reynolds IRA 54,200 separation
contributions
10 Nil'c's \lorgan Stanley Approx. Current Any post No
IRA $4,200 separation
contributions
DATE OI'• ANY PORTION LIGNSOR
H ASSET VALUE VALUA'T'ION NON-MARITAL ENCUMBRANCES
I I Husband's AICPA Approx. Current No No
Account $2,000
12 husband's US Savings Unknown, N/A Yes, post No
Bonds bonds are in separation
Wife's acquisitions
possession
13 Husband's PSERS Pension Unknown. N/A Yes, post No
evaluation separation
required acquisitions
14 Husband's Copeland $79,571.77 12/31/99 Yes, post No
Deferred Compensation separation
Program acquisitions
15 Wife's Traveler's Pension Unknown, N/A No No
information
in W's
possession
IG Wife's 403(13) Account Unknown, N/A No No
information
in W's
possession
17 Wife's Pinnacle Unknown, N/A No No
Retirement information
in W's
Possession
18 Wife's Fidelity Account Unknown, NIA No No
information
in W's
possession
19 Wife's PSG Fidelity Unknown, N/A No No
Account information
in W's
possession
20 Wife'sTlAA-CREF Unknown, N/A No No
Account information
in W's
possession
21 Other financial accounts in Unknown, N/A No No
Wife's namealone information
in W's
possession
(a) NON-DIARITAL ASSETS
d ASSET VALUE DATE OF
VALUATION O
:=,?AN CES
I Ch ildren's I ;NC-TAP Accounts To be provided To he provided No
11. WITNESSES.
(A) Non-Expert Witnesses. Other than the parties themselves, Defendant does not expect to
call any other witnesses. However, Defendant reserves the right to call witnesses identified prior to
hearing and/or to call rebuttal witnesses not identified.
(B) Expert Witnesses. In the event the parties are unable to agree as to the value of the
marital residence, value of the various pension benefits, and valuation and distribution of personal
property, Defendant reserves the right to call appropriate experts in said areas.
Ill. EXHIBITS.
To be identified and exchanged prior to trial pursuant to the master's pretrial directives.
IV. DEFENDANT'S GROSS INCOME FROM ALL SOURCES.
See copy of Defendant's August 4, 2000 pay stub attached hereto.
V. CURRENT EXPFNSF STATEMENT.
House mortgage IISS House Maintenance
Van payment 790 •I wP
Tuition - kids 1000
Sewer 30
Electric 135
Water SO
Gas SO
Cable -)5
phone 30
Cell Phone 25
Insurance 100
Kids 500
Visa 400
Dental 50
Car maintenance 100
Christmas 400
Vacations 200
Birthdays 100
Grass 20
Entertainment 100
Clothing 100
Food 500
100
30
VI, VALUE OF PENSION/IZEI'II2F\1FN'I' IIENEFI'1'S.
Sec marital assets chart above.
VII. COUNSEL FEES.
Defendant will be tiling a petition Raising Marital Claims in which he raises a count for counsel
fees. The counsel fees exhibit will be prepared and exchanged prior to triad pursuant to the master's
pretrial directives.
Vlll. PERSONAL PROPERTY.
In the event the parties are unable to agree as to the valuation and distribution of the personal
property, a personal property appraisal will be secured and submitted at hearing.
I\. MARITAL DEBTS.
AMOUNT
F AND DA'rES HVIDLNCE
AMOUNT
DFBTAS
DATE Dlinl. INITIAL
AMOUNTOF
PURPOSE OF PYAIT.
SINCE OFFERED IN
SUPPORT
DEBT OFDEBT INCURRED DMIT OFDEBT D.O.S. OF CLAIM
Mongagc Approx. 562,000 During Approx. I'o purchase S 1.159 per Mortgage
$60,000 marriage 599,000 marital month statements
residence
PSIiCU VISA $7,700 510.0011 During Credit curd- Various $200 per Credit card
marriage rcenlxing month statements
\'ehiclc loan 52.600 55,0011 During Approx. To purchase 5290 per Loan
marriage SI?.II00 echicle month statements
X. PROPOSED RESOLUTION.
Defendant proposes the following economic resolution:
(1) Equitable Distribution. The marital estate be distribution 60% to Defendant and 40% to
plaintiff;
(2) Alimony. That Defendant receive alimony for an indefinite period of time (Defendant
will be filing a petition raising the alimony claim in the near future); and
directed to pay 50%ol'lhe counsel fees and
Ily submitted,
;onley! Esquire
KISSINGER & CO LGY, P.C.
it Slrcel
310
,.PA 17105
: (717) 234-2616
r Defendant, Joseph DiNlemmo
GROSS EARNINGS 3,157.50 49,047.37
08-04-M NIVA DEDUCTIONS 474.48 7,191.95
PAY PERIOD ENDING: 07-21-00 PAY DATE:
CDC
40000 FED KIM IN N 00 r 195.77 5,040.99
:
VTR: OIOD0120M DEPT: D09 SOC SEC IN
1.45000%
11
41
777.37
SIX
205-42-1195 SOC SEC/MED TX
2.80000% . 1,
:
EMPO: 286559 POSS: 14959
16 LEVEL: 00 STATE HTH IN PA
r
04
1 8 31.58 90.45
B/U: A3 PAY RANGE: 11 STEP;
LID L REHAB ADMEN LOC NO TX-RES PA 2
r
k
ATE EMP 00000
157.88
5.451.55
INSURANCE ST
NET P/U CON 35.00 400.00
FED KIM TX-ADD 307.69 4.915.04
EE BONDS 100.00 00
1,?W
JOSEPH DIMEMMO
CK LAN
T SAV BONDS SERIES
ST EMP COMB AP 17.99 .
O
1108 GUNS
MECHANICSBURG PA 17055
STATE PAID BEUEFITS
110.00
HEALTH BENEFITS CAPITAL BLUE CROSS 116.01
LIFE INSURANCE 55.11
WORKERS Cmw 115.77
SOCIAL SECURITY 45.78
MEDICARE 19.26
RETIREMENT STATE EMPLOYES NET SYS
NET EARNINGS:
PLUS REIROURSENEK
1,711.91
6 6. 6
PAID
S
TOTAL DIRECT DEPOSIT AMCyLNT
;.1.711.91 :
. _.
SERVICE CREDIT: 19 YR 23 PP
URS GROSS
PP END BREAKDOWN GROSS EARN 0 ?S -
PP END LEAVE USLGE REPOR ED HO
L I 41.10 5.157.50
07-07-M
ANNUAL .50
07-21-00
RCG SA
TOTAL GROSS EARXI SAY 3,157.SD
?b IHN
E
VE AC
I
SICK
PERSONAL T10N
L
A
T
BALANCE LAST STATEMENT 366 14 929.76 15.00
ACCRUAL THIS PP 5:78 3 75 7.50
LY REPORTED THIS PP so :Do .00
ADJUSTMENTS :Do .00 .00
BALANCE THE S 'TNT 1 371.42 933.51 22.50
AZE-Wk RATE: ANNUAL , 7.7k SICK, . 5-00% .. w:. 1 1 -
MESSAGE CENTER: LOCAL WAGE TAX COUNTY/MUNIGIFALlIT; CUMBERLAND COUNTY
FWT TAX GROSS: 2,691.93
Y
IN THE COURT OF COMMON PLrAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DEBORAH K. DIMEMMO, )
Plaintiff )
V. )
JOSEPH DIN1EMMO, )
Defendant )
No. 99-6654
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
1, Cindy S. Conley, Esquire• counsel 11or Joseph DiMemmo, Defendant in the above-captioned
action, hereby certify that a true and correct copy of the foregoing Defendant's Pre=Trial Statement
pursuant to Pa. R.C.P. 1920.33(6) was served upon IN/lax J. Smith, Jr., Esquire, counsel for Deborah K.
DiMemmo, Plaintiff, by depositing sane in the United States mail, first class, on February I6, 2001,
addressed as follows:
Max J. Smith, Jr.. Esquire
JAMES, SMITII, DURKIN S CONNI-LI_Y
134 Sipe Avenue
Ilummelstown, PA 17036
Date ?L h ,I ( l (.. ??•- ??/
Cindy S. Conley, Xquire '
HOWE'IT, KISSINGER S CONLEY, P.C.
130 Walnut Street
P.O. Box 310
Harrisburg, PA 17105
Telephone: 717-234-2616
Counsel for Defendant, Joseph DiMemmo
Lew OFaCU of
HOWETT, KISSINGER & CONLEY, P.C.
130 WALNUT STREET
POSTOFFICEBOX 810
HMusena,Pn snwsu 17108
JOHN C. HOWErr. JR.
DONALD T. KISSINGER
CINDY S. CONLEY
DARREN J. HOLST
DEBRA M. SHIMP
Legal Assis=t October 23, 2001
Max J. Smith, Jr., Esquire
JAMES SMITH DURKIN & CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
Dear Max:
Re: DiAfennno v. DiMennno
(717)234.2616
FAX (717) 234-5402
Enclosed please find the original master's hearing transcript evidencing the parties'
agreement which now has been executed by my client. Please have your client execute this
document where indicated and then forward the original to E. Robert Elicker, the divorce master.
Once you have obtained your client's signature please forward a fully executed copy of this
document to me.
I thank you for your continued cooperation in this matter.
Very truly yours,
CSC/djk
Enclosure
Cindy S. Co ley
cc: E. Robert Elicker (w/encl) ?
Joseph DiMemmo (w/encl)
f,
I
DEBORAH K. DiMEMMO, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 99 - 6654 CIVIL
JOSEPH DiMEMMO,
Defendant IN DIVORCE
THE MASTER: Today is Thursday, October 4, 2001. This is the
date set for a Master's hearing in the above captioned divorce proceedings.
Present in the hearing room are the Plaintiff, Deborah K. DiMemmo, and her
counsel Max J. Smith, Jr., and the Defendant, Joseph DiMemmo, and his
counsel Cindy S. Conley and Donald T. Kissinger.
This action was commenced by the filing of a divorce complaint
on November 3, 1999, raising grounds for divorce of irretrievable breakdown of
the marriage. No economic claims were raised in the complaint. On April 14,
2000, an amended complaint was filed adding a ground for divorce of
indignities and raising the economic claim of equitable distribution. Husband
filed a petition on February 22, 2001, raising economic claims of alimony,
alimony pendente lite, and counsel fees and costs.
The parties were married on May 28, 1977, and agreed that the
separation occurred November 3, 1999. This agreement was stated in the pre-
hearing conference memorandum after consultation with counsel, which was
placed on the record on Monday, June 4, 2001.
The parties are the natural parents of three children, all of whom
are minors. Inasmuch as the parties currently reside in the same residence,
although they are separated as far as their lives, they have reached an
agreement with respect to the custody of the three children, which will go in
effect December 2, 2001. Currently the children are also residing in the same
residence as both parents so that the custody order will probably not become
meaningful or effective until after husband vacates the marital residence.
After considerable negotiations today, the Master has been
advised that the parties have reached an agreement with regard to the
outstanding economic claims. An agreement is going to be placed on the
record in the presence of the parties. The agreement as placed on the record
will be considered the substantive agreement of the parties, not subject to any
changes or modifications except for correction of typographical errors, which
may be made during the transcription. After the agreement has been
transcribed, the draft will be sent to counsel to review for typographical
errors, the corrections can be made by the court reporter, if any, and then the
parties and counsel wilt be asked to sign the completed document affirming the
terms of settlement stated on the record. It is understood, however, that
when the parties leave the hearing room today, even though there has been no
signatures affixed to the agreement, they are bound by the terms of the
agreement as stated on the record.
With respect to the grounds for divorce, the Master was provided
previously affidavits of consent and waivers of notice of intention to request
entry of divorce decree which were signed by both parties and filed with the
2
Prothonotary on July 3, 2001. The divorce can, therefore, conclude under
Section 3301(c) of the Domestic Relations Code.
Following the receipt by the Master of a completed agreement,
the Master will prepare an order vacating his appointment and counsel will
then be in a position to file a praecipe transmitting the record to the Court
requesting a final decree in divorce. Mr, Smith.
MR. SMITH: The parties have agreed as follows:
1. Husband agrees to transfer to wife all of his right, title, and interest in
the marital residence located at 1 108 Gunstock Lane, Mechanicsburg,
Pennsylvania. Wife shall refinance the current mortgage thereon and shall
apply for said mortgage refinancing within five working days from the date
hereof and to the extent she is able, wife shall complete the mortgage
refinancing process on or before December 1, 2001.
Husband shall execute a deed to be prepared by wife's counsel an d held
in escrow by counsel for husband transferring his interest in the marital
residence to wife. Husband's counsel shall provide an executed copy of that
deed so that wife may present it to her lender in connection with the mortgage
refinancing process. In consideration for transferring his interest in the
marital residence to wife, wife shall pay to husband at the time of her
refinancing settlement the sum of $32,024.00. That amount not only is in
consideration for husband's interest in the marital residence, but also in the
furtherance of husband's interest in the equitable distribution of marital
assets. The aforesaid sum which is payable from wife to husband takes into
account all prior issues of dispute concerning the economic and property issues
as well as any crediting issues that had been heretofore presented by either
party.
Until husband vacates the marital residence, the parties shall continue
to share equally the monthly mortgage payments and husband alone shall
continue to pay the monthly electric, water and America Online. The parties
shall further bear equal responsibi lity for payment of the family food expenses.
2. The parties have agreed to divide their personal property pursuant to a
marked up appraisal prepared by Chuck E. Bricker, which has been annotated
by the parties and signed by them today. Each party has been presented with z
copy of that appraisal and have agreed to abide by the agreement. The
appraisal will be attached to the agreement as an exhibit. (Joint Exhibit No. 1)
While it is expected that husband shall remove his belongings when he vacates
the marital residence, in no event shall those items remain in the residence
beyond six months from the date hereof.
3. Husband shall be solely responsible for payment of the PSECU Visa
account, which has an approximate balance of $7,200.00 and shall take
whatever steps are necessary to remove wife's name from that account within
thirty (30) days from the date hereof.
4. With respect to the remaining marital assets and the distribution of
same, they shall be divided pursuant to an exhibit to be prepared by counsel
for the parties in a neat and final format and attached hereto. (Joint Exhibit
No. 2)
5. The parties have contributed to three Pennsylvania Tuition Account
Programs for the benefit of their three minor children, all of which are titled in
the name of husband. To the extent that husband is able, under the Tuition
Account Program, he shall separate the contributions that have been made by
wife to those plans so that they may be placed in accounts initiated by her
post-separation, again, for the benefit of the three children. To the extent
husband is not able to accomplish the separation of wife's contributions
directly to her as aforesaid, he shall maintain the three accounts for the
benefit of the minor children and shall not invade those accounts which shall
specifically be used for the three children's education. In the event that the
accounts are not used for the education of one or more of the children,
husband agrees that upon each child attaining age thirty (30), the parties shall
divide the remaining balance of said account in proportion to their
contributions to said account.
The parties acknowledge that as of today the account for their daughter
Gabrielle has an account balance of $23,075.00. The account for their son
Anthony has an account balance of $17,375.00 and the account for their son
Nathaniel has an account balance of $19,000.00.
6. Husband hereby waives any ancillary claims that he has raised to date
including alimony, alimony pendente lite, spousal support, counsel fees, costs,
and expenses.
7. The parties agree that the agreement shall be incorporated into their
final decree in divorce for enforcement purposes.
8. The sum of approximately $1,222.00 is being held in escrow by counsel
for wife representing an IRS refund of $600.00 and an All State insurance
reimbursement check at the sum of $622.00. That amount shall be released to
counsel for husband within five (5) days from the date hereof.
9. There are certain United Stated savings bonds, Series E, which are to be
the property of husband and which are in wife's possession and shall be
released to him within five (5) days from the date hereof.
10. Similarly there are stock certificates held by the parties jointly but are
in the possession of wife. Specifically there are 74 shares of Schering Plough
stock and 100 shares of Pepsico stock, which certificates shall be released to
husband, again, within five (5) days from the date hereof.
11. The parties acknowledge that wife is to become sole owner of the 1997
Ford Econoline van and that the title thereto is currently being held jointly.
Husband shall take whatever steps are necessary to release his interest and
sign over that title to wife at the appropriate time upon request by wife.
12. 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,
statutory allowance, widow's allowance, right of intestacy, right to take
against the will of the other, and right to act as administrator or executor in
the other's estate. 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.
MR. SMITH: Mrs. DiMemmo, you've been present during
these proceedings throughout today?
MRS. DiMEMMO: Yes.
MR. SMITH: And you've participated in the negotiations,
which have resulted in the agreement that has just been stated?
MRS. DiMEMMO: Yes.
MR. SMITH: Have you had an opportunity to view both
exhibits one and two which concern the distribution of assets and really pertain
to the overall economic resolution of this case?
MRS. DiMEMMO: Yes, I have.
MR. SMITH: And are you satisfied that the agreement as
stated with the exhibits is in your best interest?
MRS. DiMEMMO: Yes.
MR. SMITH: And that being said, you agree to sign the
agreement when presented with it?
MRS. DiMEMMO: Yes.
MR. KISSINGER: Mr. DiMemmo, you've been present
through negotiations throughout this morning and early afternoon?
MR. DiMEMMO: Correct.
MR. KISSINGER: And you have listened thoroughly to the
agreement that has been read on to the record today?
MR. DiMEMMO: Yes.
MR. KISSINGER: You also have had the opportunity to
review exhibits one and two as they pertain to the equitable distribution of
your marital property?
MR. DiMEMMO: Yes.
MR. KISSINGER: And do you agree that the terms read on to
the record today represent the terms of your settlement as negotiated here
throughout the course of the morning and early afternoon?
6
F
MR. DiMEMMO: Yes.
MR. KISSINGER: And it is your intention to sign the
transcript of this agreement as prepared by the court reporter upon
presentation?
MR. DiMEMMO: Yes.
I acknowledge that I have read the above stipulation and
agreement, that I understand the terms of settlement as set forth herein, and
that by signing below I ratify and affirm the agreement previously made and
intend to bind myself to the settlement as a contract obligating myself to the
terms of settlement and subjecting myself to the methods and procedures of
enforcement which may be imposed by law and in particular Section 3105 of
the Domestic Relations Code.
WITNESS:
DATE:
Max J. Smith, Jr. Deborah K. DiMemmo
Attorney for Plaintiff
Donald T. Kissing J ep Di emmo
Cindy S. Conley
Attorneys for Defendant
.r,
(r
DiMemmo v DiMemmo
Joint Exhibit #2
Schedule ofDistribrrtion ofAvsets
To Deborah K. DiMemmo:
Asset Stinulated Marital Value
1. Marital Residence $156,527.00 (equity)
(subject to mortgage)
2. Deborah's Morgan Stanley IRA S 3,252.00
3. Holy Spirit Hospital Fidelity Investment S 3,362.00
4. Penn State/Geisinger Fidelity Investment $ 3,012.22
5. Pinnacle Health 403(13) S 15,751.00
6. Lincoln Financial Group 403(B) S 5,736.64
7. TIAA/CREF S 2,975.75
8. Travelers Annuity $ 32,658.36
9. Pinnacle Health Defined Benefit Pension S 14,777.00
10. 1997 Ford Econoline Van $ 11,500.00
To Joseph DiMemmo:
Asset Stipulated Marital Value
1. PSERS Pension $134,371.00
2. Joseph's Deferred Compensation Plan S 58,125.00
3. Joseph's Morgan Stanley IRA $ 3,183.22
4. U.S. Savings Bonds $ 2,785.40
5. Joint Tax Refund $ 600.00
6. House Insurance Proceeds $ 622.18
7. Car Insurance Proceeds $ 2,455.00
8. AICPA Account $ 1,635.00
9. Schering Plough Stock (74 shares) $ 2,756.50
10. Pepsico Stock (100 shares) $ 4,935.00
DEBORAH K. DiMENIMO
JOSEPI-1 DiMEMN10
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO . 9`I - 6654
CIVIL ACTION - LAW
IN DIVORCE
RESCHEDULED HEARING
ORDER AND NOTICE SETTING HEARING
TO: Deborah K. DiMenuno
Mas J. Smith, Jr.
Joseph DiMemmo
Cindy S. Conley
Plaintiff
Counsel for Plaintiff
Defendant
Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvania on the 4th
of October 2 day
001 at 9:00 a.m., at which
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
Date of Order and
Notice: 7/12/01
By t e C rt,
/
rge E. Hoff r, President Judge
By:
Divorce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
TELEPHONE: (717) 249-31.66
,
I- nsti?uul IN RRN& CI1XXrl I X I LP
Mj%J. $1111111. Jr.
mj,jCd pJicgutcum
.1mic 21, 2001
Office of Divorce blaster
Attn: L. Robot Elickcr, II, Esquire
9 North I ltnmover Street
Carlisle, PA 17013
In re: DiMcnuno v. DiMcnuno
No. 99-6654
In Divorce
Dear Bob:
Confirming my earlier discussion with Tracy, the partics have agreed to meet in your
office for a settlement conference on Jul), 2, 2001 at 1:30 p.m. There shall be no
tcstinmony concerning indignities, as Attorney Conlcy has confinted that blr. Diivlcmmo
shall be consenting to 13301 (c) divorce. The parties shall be signing their Affidavits of
Consent and Waivers of Notice on July 2.
The purpose of rescheduling the time of the settlcnmcut confcrcncc from 5:30 to 1:30 is
that Dr. Shieuvold is unavailable to discuss his custody recommendations until July 2 at
11:00 a.m. by confcrcncc call with Attorney Conlcy and me.
Thank you for your cooperation in rescheduling this matter.
Very truly yours,
.IAMF.5:,SMI '11, DURKIN S CONN ELLY LLP
jb(i,/
Max J. Smith, Jr.
MJS,Jr.:anmk
cc: Cindy S. Conley, Esquire
Deborah K. DiNlemmo
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III THE COURT_ OF CM-ION PLEAS OF
CID!BERL--+SID COUP rf . ?ENNSYLVAiIIA
DEBORAH K. DiMEMMO,
Plaintiff
vs.
JOSEPH DiMEMMO,
No. 99-6654 i9
MOTION FOR -UPOINTIMIT OF :LASTER
Deborah K. DiMemmo (Plaintiff) (y(?q?47(Xat}?, moves the court co appoint
a master with respect to the following claims:
( X) Divorce (X) Distribution of Property
( ) annulment ( ) Support
( ) Alimony ( ) Counsel Fees
( ) Alimony Pendente Lite ( ) Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims(s) for which the
appointment of a master is requested.
(2) The defendant (has) ktxpsVg0 apoeared in the action ( exRaKx3? %)
(bv his attorney, Cindy S. Conley Esquira).
(3) The staturory ground(s) for divorce (apa (are) indignities
and irretrievable breakdown
(4) Delete the inapplicable paragraph(s):
(a) The action i- not contasted.
(b) An agreement has been reached with respect to the
following claims:
(c) The action is contested with respecc to the following
claims: divorce and distribution of property
(5) The action (RRInawYg) (does not involve) complex issues of lair
or fact.
(6) The hearing is expected to take one-half (hw=s) (days).
(7) Additional information, if any_ relevant to tie motion:
Date:October 19, 2000 ??'? of --L- .
Attorney for (Pl ntiff)
(PkHfi@9FS3?kt7d
ORDER APPOINTING :ASTER
AiID HOW ?T fXf?EC y t9C OOQ ??ti?rc•? ? l lc??i c Esquire,
is appointed master with respect to the following claims:
L ?^
AKS
LA%k Off IiLS Of
HOWETT, KISSINGER & CONLEY, P.C.
130 WALNUT STREET
POST OFFICE BOX 810
IIANMIS11MG. I'FrNSYLVANIA 17108
JOHN C. IIOWFTI'. JR.
IX)NALD "1'. xISSINGIT
CINDY S. CONLEY
DARREN J. IIOLS'r
DI:BRA hi. SIIIMP
Legal Assistant February 16, 2001
I//A HAND DELIVER}'
Robert E. Flicker, 11, Divorce iMaster
9 North I-lanover Street
Carlisle, PA 17013
Re: DiAlcu1n1o v. Didlemmo
Docket No. 99-60'54 CIVIL
Dear N1r. Elicker:
(717)234.2616
FAX (717) 234.5402
Enclosed please find a clocked-in copy of Def'endant's Pretrial Statement
Pursuant to Pa. R.C.P. 192033(b). I)lcase note that the parties did not separate
Until November of] 999 and my client is not willing to execute an Affidavit of
Consent at this tinic. Thank you for your consideration o I 'this matter.
\'cry trUly yours,
L--41 'd?
Cindy S. Conley
CSC/djk
Enclosure
cc: \9ax J. Sn7ith..Ir.. Esquire (%v/o encl)
Joseph DiNlenuno (w/encl)
JA%115 SmIn I DURKN & CONNELLY LIT
November 2, 2000
Office of Divorce Master
Attn: E. Robert Elicker, 11, Esquire
9 North Hanover Street
Carlisle, PA 17013
In re: DiMemmo v. DiMemmo
No. 99-6654
In Divorce
Dear Bob:
Enclosed please find the Certification of Discovery form which has been completed
on behalf of Deborah K. DiMemmo. Plaintiff in the above natter.
Thank you for your kind attention.
Very truly yours.
JAMES' SMITH, DURKIN & CONNELLY LLP
' lr
Max J. Smith, Jr.
MJS,Jr.:alnk
Enclosure
cc: Cindy S. Conley, Esquire w/enc
Deborah K. DiMemmo
Max J. Smith. It.
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CWYEncuL LAW
MIR LITIGATION
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January 19, 2001
DeArmond & DeArmond
Attn: Keith B. DeArmond, Esquire
2500 Market Street
Camp Hill, PA 17011
In re: DiMemmo v. DiMemmo
No. 99-6654 Civil
In Divorce
Dear Keith:
You may recall that I now represent Deborah K. DiMemmo in the above matter.
Enclosed pleasc find a copy of Divorce Master Robert Elicker's letter to me dated
January 17, 2001, which requests that you withdraw your appearance to conclude
your representation on Ms. DiMenuno's behalf.
I had sent you a Praecipe to withdraw your appearance on IvIarch 29, 2000, and am
again enclosing one foryou to sign. While I had received materials from your file
regarding this matter, I do not believe you had sent the Praecipe. Therefore, please
sign and return the Praecipe to my office at your earliest convenience, and 1 shall
provide you with a time-stamped copy after filing same.
Thank you for your kind attention.
Very truly yours,
JAMES, SDJITF1, DURKIN & CONNELLY LLP
1i
r
Max J. Smith. Jr.
bfJS,Jr.:amk
Enclosure
cc: E. Robert Elicker, II, Esquire
Cindy S. Conley, Esquire
Deborah K. DiMemmo
Mix J. Smitll. Jr.
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DEBORAH K. DiMEMMO,
Plaintiff
JOSEPH DIMEMivIO,
Defendant
IN TI IE COURT OF COMMON PLEAS
arrstarn COUNTY, PENNSYLVANIA
NO. 99-6654
CIVIL ACTION - LAW
IN DIVORCE
INCOME AND EXPENSE STATENIENT
OF
DEBORAH K. DiMEMMO
Plaintiff files the following Income and Expense Statement and verities that the statements
made herein are true and correct. Plaintiff understands that false statements herein are
made Subject to the penalties or 18 Pa. C.S. Section 4904 relating to unsvvorn falsification
to authorities.
Deborah K. DiMemmo
INCOME:
Employer: Holy Spirit Ilospiml
Address: Camp Hill, PA
Type of Work: Certified Registered Nurse Anesthetist
Payroll Number: 206-42-1149
Pay Period (Weekly, Biweekly, etc.):
Gross Pay Per Pay Period:
Itemized Payroll Deductions:
Federal Withholding:
Social Security
State Income Tax
Local Wage Tax
Medicare
Retirement
Savings Bonds
Credit Union
Life Insurance
Health Insurance
Other (specify):
401K
FSA-Med
LTDI
LTD2
NET PAY PER PAY PERIOD
725.25
310.71
95.09
34.84
49.27
41 R.07
7692
4.15
6.83
$1.862.75
Other Income: Week Month Year
(Pill in Appropriate Column)
Interest
Dividends
Pension
Annuity
Social Security
Rents
Royalties
Expense Account
Gifts
Unemployment Comp.
Workmen's Comp.
Spousal Support
Child Support
TOTAL
EXPENSES Week Month Year
HOME
Mortgage/Rent 1.158.00
Maintenance 50.00 -
Repairs 50.00
UTILITIES
Electric 130.00
Gas 90.00
Oil 55.00
Telephone 30.00
Water 78.00
Sewer/7rash 33.00
Pool 40.00
EMPLOYMENT
Public Transportation
Lunch 80.00
TAXES
School
Real Estate
Personal Property
Pro(essirnial 23.00
13XPENSES
INSURANCE
Homeowners
Automobile
life
Accident
Health
Renters
AUTOMOBILE-
Payments
Fuel
Repairs
,Maintenance
Licenses
Re-istration
Arno Club
\MEDICAL
Doctor
Dermatologist
Orthodontist
Ilospital
Medicine
Special needs (glasses.
braces. onltopedic devices
EDUCATION
Private
Parochial School
Colleee
Reli"ious
School lunches
Books/misc.
PERSONAL
Clothine
Food
Barber/ Hairdresser
Personal Care
Laundry/Dry Cleaning
Hobbies
Credit Cards
Week Month Year
(Fill in Appropriate Column)
81.011
290.00
160.00
40.00
25.00
3.00
7.00
30.00
80.00
130.00
25 _(IO
1.000.00
125.00
25.00
200.00
500.00
130.00
40.00
15.00
25.00
500.00
Memberships 3.00
EXPENSES
LOANS
Credit Union
MISCELLANEOUS
AOL
Child Allowance
Papers/Books/iMagazi lies
Entertainment
Pay TV
Vacation
Gifts
Legal Fees
Charitable Contributions
Pet Expense
Lessons for Children
Cell Phone
Other Support
Alimony Payments
OTHER
Kids Sports
Christmas
TOTAL EXPENSES
Week Month Year
(Fill in Appropriate COIUnin)
20.00
180.0(1
25.00
100.00
30.00
250.00
100.0(1
310.00
20.00
60.00
35.00
100.00
150.00
$ 6.52).00
_ T
DEBORAI I K. Di?IE,\-1\10, : IN -111E COUP.'I' 01= C'ONI\90N PLI3A5
Plaintiff : CUMBERLAND COUNTY, 13ENNSYLVANIA
NO. 99-6654
JOSEPH Di\9E\h\10, CI V1L ACTION- LAW
Dclcndant IN DIVORCE
CERTTFICA"11 OF SERVICE
AND NOW, this _11) clay of October, 20(10, I, ;\1:1\ J. SJII"1'II, JR.. Esquire,
Altorney 1(ar Plainlill', herebycertily that I h;n'e this clay sent a copyof Income and Expense
Statement by depositing a certified copy of the same in the United Suites mail, postage prepaid, at
Hershey. Pennsylvania. addressed to:
I[awett. Kissinger & itlilcs. P.C.
Atm: Cincly S. Conley. Esquire
130 Walnut Sweet
P.O. Box S I()
I-larrisburg, PA 17105
,vIAX 1. Simin-I. 1R.? squire
I.D. ,,No. 32114
lames, Smith, Durkin & Connelly t.t.r
P.O. [Sox 650
Hershey, PA 17033
(717) 533-3250
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DEBORAH K. DiMGMMO, IN'I'LIE COURTOFCO\IM0\' PLEAS F;/,v .?v i
??
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA l
v.
JOSEPII DiMENN110,
Defendant
NO. 99-6654
CIVIL ACTION - LAW
IN DI VORCE
PLAIN'TIFF'S PR `-TRIAL STATE'NIENT
ASST f S
A. Marital
Date of Non-,\4arital Licns or
Asset Value Valuation poalion Encumbrances
See Inventory and Appraisement filed October 19, 2000.
B. Non-Marital
Date of Liens or
Asset Value Valuation Encumbrances
See Inventory and Appraisement filed October 19,2000.
Il. EXPERT WITNESSES
Ty Eby, real estate appraisa• -will testify to value of marital residence.
2. 'red Lone, pension appraiser - will tesify to value of Husband's detuted benefit
plan (see report dated July la, 2000, attached hereto)
Ill. NON-EXPER'T' WIT iNESSES
Plaintiff, Deborah K. DiNlemmo
2. Defendant. Joseph DiNfemnto, aS on cross
_ mfr
IV. EXII1131TS
I. Federal uix returns
2. Real estate appraisal
3. Income statements
4. Vehicle appraisals
5. Pension reports/statements
V. INCOME
See Income and Expense Statement tiled October 19, 2000.
VI. EXPENSES
See Income and Expense Statement tiled October 19, 2000.
VII. COUNSIsL FEES
$150.00 per hour
VIII. MARITAL DEBTS
Original Date Current
Type of Debt Amount Incurred Amount
See Inventory: and Appraisement tiled October 19, 2000.
Atttounts & Dates
of Payments
Since Separation
IX. PROPOSED RESOLUTION
Wife to receive marital home, subject to mortgage thereon (equity =±5173,000)
2. Wife to receive her Travelers (±$36.000). Pinnacle (±518.500) and TIAA-CREF
(±52,900) retirement benefits, as well as Dean Witter IRA in her name (±$4,400) 403(b) account
(±$5,360) Fidelity accounts (±58.100 and ±54,100, respectively).
3. Wife to retain Schcring Plough (±$3,550) and Pepsi Stock (±$4,600).
4. 111.1sband to retain U.S. Savings bonds (±$3,150), PSECU account (±$8,900) AICPA
account (±$3.000) PSHRS pension (±$134,371), Copeland Defen-ed Compensation Plan
(±580,000), Dean Witter IRA in Husband's name (±$4,400).
Personal property and vehicles to be divided equally.
6. Husband to keep life insurance naming children as beneficiaries, minimum death benefit
to be $350,000.
Respectfully submitted,
Date: February 16, 2001
I
Connelly i.T.t
134 Sipe Avenue
I-lummelstown, PA 17036
(717) 533.3280
MAX J. SMITH, JR., s uire
James, Smith Durkin
PENSION APPRAISERS INC.
1?O. Box 4:396 •:Ulcnturen. PA 18105-4396
1-800-447-0084 • Fax 610-770-9342
July 14, 2000
Max J. Smith, Jr., Esq.
P.O. Box 650
Hershey, Pennsylvania 17033
I?: 16111,: pruapp ??pen?iun:ggn•aiscr,.com
11'11'11': http://aca•tic.prn.innapprai,i?:?.cnm
RE: Present Value of Joseph DiMemmo's Defined Pension
Benefit - File No. 07-12-00-082-19038
Dear Attorney Smith, Jr.:
We have determined the present value of Joseph DiMemmo's defined pension
benefit by the PBGC Actuarial and Mortality Table Method as of November 3,
1999 to be $134,371.51. This valuation was developed and prepared in
conformity with the requirements of the Actuarial Standards of Practice No. 34.
These Standards were developed by the Pension Committee of the Actuarial
Standards Board of the American Academy of Actuaries. The purpose is to set
standards for Members and Other Persons Interested in Actuarial Practice
Concerning Retirement Plan Benefits in Domestic Relations Actions.
BIRTH DATE: January 18, 1954
SEX: Male
MARRIAGE DATE: May 28, 1977
VALUATION DATE: November 3, 1999
PENSION PLAN: PA State Employees' Retirement System
DATE EMPLOYMENT STARTED: December 17, 1980 (Assumed)
(Assumed date pension holder began participation in the plan)
DATE BENEFITS STOPPED ACCRUING: November 3, 1999
(Assumed,late pension holder ended participation in the plan)-
ASSUMED DATE MARRIAGE ENDED: November 3, 1999
AGE WHEN BENEFITS COMMENCE: 60 Years
"Valuators of Defined Pension Benefits for Equitable Distribution"
rim
PBGC Actuarial and Mortality Tables Method
July 14, 2000
Joseph DiMemmo - 07-12
Page 2 -00-082-19038
MORTALITY TABLES AND INTEREST RATES:
Mortality Tables (1983 Group Annuity Mortality Tables) Interes
Rates and Factors used by the Pension Benefit Guaranty
Corporation to determine the present value of annuities for singlet
employer plans.
INTEREST RATE ASSUMPTIONS: Table II - Annuity Rates
Rates: i1 = 6.30 %, i2 = 5.25 % and i3 = 5.25 %
ASSUMED MONTHLY BENEFIT: 52,290.49
Monthly pension benefit the pension holder would receive at
retirement age with a fully vested pension based upon
compensation and plan provisions as of November 3, 1999
Formula:
0.02 x Years of Service x Final Average Salary
=
Annual Maximum Full Retirement
Data:
Years of Service: 19.0362 Years (As of 12/31/98
-- 0-11588 Years (11/3/99 -12/31/99)
18.8774 Years (As of 11/3/99)
Final Average Salary: $72,801-12
Analysis:
0.02 x 18.8774 x $72,801.12 = S27,458.92 (Annual Benefit)
12 kZ? M ntths2 - $2'290'49 (Monthly Benefit)
REDUCTION FOR NON-VESTING: 1.0000
Represents a reduction for the probability of service to 100 ~
vesting as equal to the portion already completed.
percent
PBGC Actuarial and Mortality Tables Method
July 14, 2000
Joseph DiMemmo - 07-12-00.082-19036
Page 3
REDUCTION FOR MARITAL COVERTURE FRACTION: 1.0000
Represents that portion of the value of the benefits attributable to
the marriage. The numerator of the fraction represents the total
period of time the pension holder participated in the plan during
the marriage and the denominator is the total period the pension
holder participated in the benefits program.
PRESENT VALUE BEFORE REDUCTIONS:
S 134,371.51
Reduction for Non-vesting:
'! 1.0000
Reduction for Marital Coverture:
X --1.0000
VALUATION FOR EQUITABLE DISTRIBUTION:
S 134,377.51
DEBORA] I K. DiNIENINl0, : IN T IE COURT OF COMNION PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-6654
JOSEPH DiMEMMO, CIVIL ACTION -LAW
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this 16th day of February, 2001, 1, MAX J. SMITIi, JR., Esquire, Attorney
for Plaintiff, hereby certify that I have this day sent a copy of Plaintiffs Pre-Trial Statement by
depositing it certified copy of the same in the United States mail, postage prepaid, at Flershey,
Pennsylvania, addressed to:
FIovvett, Kissinger R Miles, P.C.
Attn: Cindy S. Conley, Esquire
130 Walnut Street
P.O. Box 810
Flarrisburg, PA 17108
0??kv
MAX J. SMITH, JR., Esquire
I.D. No. 32114
James, Smith, Durkin S. Connelly «a.r
P.O. Box 650
Hershey, PA 17033
(717)533-3280
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DEBORAH K. DIMEMNIO, : IN'1'1-IE COURT' OF COMMON PLEAS
Plaintiff : CUMBERLAND COUN'rY, PENNSYLVANIA
V. : NO. 99-6654
JOSEPH DIMEMNIO, CIVIL ACTION - LAW
Defendant IN DIVORCE
INVr_N'rORY AND APPRAISHNIENT
OF
DEBORAH K. DIMEMNIO
Plaintiff files the following inventory and appraisement of all property owned or
possessed by either party at the time this action was commenced and all properly transferred
within the preceding three years.
Plaintiff verifies that the statements made in this inventory and appraisement are true and
correct. Plaintiff understands that false statements herein are made subject to the penalties of 18
Pa. C.S. §4904 relating to unsworn falsification to authorities.
DEBORAH K. DiMEN1MO
ASSISTS O PARTIES
Plaintiff marks on the list below those items applicable to the case at bar and itemizes the
assets Oil the following pages. If an item has been appraised, a copy of the appraisal report is
attached.
(X) 1. Real property
(X) 2. Motor vehicles
(X) 3. Stocks, bonds, securities and options
( ) 4. Certificates of deposit
(X) 5. Checking accounts, cash
(X) 6, Savings accounts, money market and savings certificates
O 7. Contents of safe deposit boxes
O 8. Trusts
(X) 9. Life insurance policies (indicated face value, cash surrender value and current
beneficiaries)
O 10. Annuities
O H. Gifts
O 12. Inheritances
O 13. Patents, copyrights, inventions, royalties
() 14. Personal propeny outside the home
O 15. Businesses (list all owners, including percentage of ownership, and officer/director
positions held by a party with company)
O 16. Employment termination benefits - severance pay
workman's com
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claim/award
O 17. Profit sharing plans
(X) 18. Pension plans (indicate employee contribution and date plan vests)
(X) 19. Retirement plans, Individual Retirement Accounts
O 20. Disability payments
O 21. Litigation claims (matured and unmatured)
O 22. MilitaryN.A. benefits
O 23. Education benefits
O 24. Debts due, including loans, mortgages held
(X) 25. Household furnishings and personalty (include as a total category and attach itemized
list if distribution of such assets is in dispute)
O 26. Other
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LIABILITIES OF PARTIES
Plaintiff marks on the list below those items applicable to the case at bar and itemizes the
liabilities on the following page:
SECURED
(X) I. Mortgages
( ) 2. Judgment
(X) 3. Liens
( ) 4. Other secured liabilities
UNSECURED
( ) 5. Credit card balances
( ) 6. Purchases
( ) 7. Loan payments
( ) S. Notes payable
( ) 9. Other unsecured liabilities
CONTINGENT OR DEFERRED
O 10. Contracts or Agreements
O 11. Promissory Notes
O 13. Lawsuits
O 13. Options
()14. Taxes
( ) 15. Other contingent or deferred liabilities
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DEBORAH K. D!MEMN'10. IN TI It-* COURT OP COMINION PLEAS
Plaintiff CUMBERLAND COUN'T'Y, PENNSYLVANIA
V. : NO. 99-6654
JOSEPH DiNIENINIO, : CIVIL ACTION - LAW
Defenclant : IN DIVORCE
CERTII'ICA'ri: 01= SERVICE
AND NOW, this h day of October, 2000. 1, MAX J. SiVI!Tll. JR., Esquire,
Attorney Rn Plaintiff, hereby certify that I have this clay sent a copy of Inventory and
Appraisernent by depositing a certified copy of the same in the United States mail, postage
prepaid, at Hershey, Pennsylvania, addressed to:
Flowett, Kissinger & Miles, P.C.
Attn: Cindy S. Conley, Esquire
130 Walnut Street
P.O. Box S 10
Harrisburg. PA 17105
)riY t '?? 1
MAX J. SN111'1-1, JR., Esquire
I.D. No. 32114
James, Smith, Durkin & Connelly u-v
P.O. Box 650
Hershey, PA 17033
(717)533-3280
CT PI
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JAMUSS\Iln I DURKIN &CONNELLI' 1.tr
Pebruary 16, 2001
Office of Divorce Master
Attn: B. Robert Clicker, 11, Esquire
9 North Hanover Street
Carlisle, PA 17013
In re: DiMentmo v. DiMenuno
No. 99-6654
In Divorce
Dear Bob:
Pursuant to your letter dated January 17, 2001, enclosed please find the original Pre-
Trial Statement which is being submitted on behalf of Deborah K. DiMentmo in the
above matter. A copy of same is being forwarded to opposing counsel, Cindy S.
Conley, Esquire, along with a copy of this letter.
We look forward to the scheduling ofa pre-hearing conference at your earliest
convenience.
Thank you for your kind attention.
Very truly yours,
JAMES, SM TH, DURKIN S CONNELLY LLP
Max J. Smith, Jr.
MJS,Jr.:antk
Enclosure
cc: Cindy S. Conley, Esquire w/enc
Deborah K. DiMentmo
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mjsjr 1?jsdlc6nLwm
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Cin: LiliGAilOr!
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AR Wl AESIAIE
DEBORA11 K. DiME\INIO,
Plaintifl713ctitioner
V.
JOSEPIi MNIENINIO.
Defendant/Respondent
IN TI IE COURT OP CONIMON PLEAS
C(Ji%,1131--I;ZI-Ai\'I)COUN'I'Y. PENNSYLVANIA
NO. 99-6654
CIVIL ACTION - LAW
IN DIVORCE
OR DER
AND NOW, to wit, this t?clay of -r h00 1, in consideration of the
within Petition for EXCIUSIVe Possession of iMarital Residence and upon motion of 1%lax J. Smith,
Jr.. Esquire, Attorney for Petitioner, it is hereby Ordered and Decreed that a hearing is fixed for
the A E11 clay of her r .200 1, at / r •3G o'clock i_?J%,L in Courtroom ?L of the
CUlnbel'land County COttl't1]OLISC, I Courthouse Square, Carl is lc, Pennsylvania.
A true and correct copy of this Ordcr anti within Petition shall be served upon the
Respondent's counsel. Cindy S. Conley. Esquire.
BY THE COURT:
J.
V.; r
DEBORAH K. Di1vIEMMO,
Plaintiff/Petitioner
V.
JOSEPH DiNIEMMO,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6654
CIVIL ACTION - LAW
IN DIVORCE
PETITION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE
AND NOW, this day of , 2001, Petitioncr, by and through her
attorney, MAX J. SNIT H, JR., Esquire, files the within Petition for Exclusive Possession of
Marital Residence, and in Support thereof, avers as follows:
Petitioner is DEBORAH K. DiMEMMO, an adult individual who resides at 1108
Gunstock Lane, Mechmiicsburg. PA 17055.
2. Respondent is JOSEPH DINIEMMO, an adult individual who resides at 1108
Gunstock Lane, Mechanicsburg, PA 17055.
3. The parties hereto were married on May 28, 1977 in Tyrone, Pennsylvania. The
parties are the parents of three children, GABRIELLE M. DiMENIMO, bons January 28, 1984,
NATHANIEL J. DIMEMMO, born September 20, 1985 and ANTHONY V. DiMEMMO, born
August 13, 1987.
4. The parties are the owners of the residence located at 1108 Gunstock Lane,
Mechanicsburg, PA 17055.
5. On April 14, 2000, Petitioner riled an Amended Complaint in Divorce against
Respondent in Cumberland COUnly, Pennsylvania.
6. The marital [ionic, where the parties and their children have resided exclusively
for the past fourteen (14) years, is owned by the parties as tenants by the entireties.
7. Section 3502(c) of the Divorce Code states that "ItIhat court may award during
the pendency of the action or otherwise to one or both of the parties the right to reside in the
marital residence."
3. Section 3323(f) of the Divorce Code states that "I i in all matrimonial causes, the
court shall have full equity power mid jurisdiction and may issue injunctions or other orders
which are necessary to protect the interests of the parties or to erreCtuate the purposes of this
part, and may grant such other relief or remedy as equity and justice require against either party
or against any third person over whom the court has jurisdiction and who is involved in or
concerned with the disposition of the cause."
9. The marital home is the only home [lie parties' children have ever known.
10. Unless Plaintiff and the parties' children are permitted exclusive possession of the
marital ]iome, the mental and emotional health aad welfare of Plaintiff and the children will be
compromised.
1 I. The parties had jointly employed Dr. Arnold T. Shienvold of Ricgler, Shienvold
& Associates to conduct a custody evaluation, wherein Dr. Shienvold recommended that primary
physical custody of the three children be with petitioner. (See copy of Dr. Shienvold's report
marked Exhibit "A" attached hereto and made part hercol).
12. As part of his recommendations, Dr. Shienvold concluded, "The situation within
the DiMemmo household must change. By trying to remain in the house together, the parents
have exposed their children to ongoing conflict and tension." (See next to last paragraph of last
page of Exhibit "A").
13. Dr. Shienvold further has reconuncnded that Defendant remain in therapy, and
that his "claims" about Plaintiff may he representative of paranoid thinking. (See last paragraph
of last page of Exhibit "A"). While Defendant had been in therapy since 1997, and pray be on
medication, there has been no sign of improvement in his behavior, as he still demonstrates
bizarre thought processes. (sec Exhibit "A" for examples of such).
f4. Defendant had repeatedly indicated thin if Dr. Shienvold reconunended that
Plaintiff have primary physical custody of the children, he will voluntarily vacate the marital
home.
15. Despite Dr. Shicnvold's report having been issued on August 13, 2001, Defendant
has refused repeated requests by Plaintiff lhrough counsel that he leave the marital residence.
16. Plaintiff and the children continue to reside in social isolation in the marital
dwelling, as the children cannot invite their friends over as long as Defendant remains in the
house.
17. The best interests and welfare of the children require that Defendant depart from
the residence at Gunstock Lane as soon as possible.
IS. While a Divorce Master's hearing; is set for October 4, 2001, a final disposition
date of the property and economic issues is uncertain, particularly since Defendant has engaged
in dilatory tactics throughout these proceedings.
19. While Defendant is aware through Dr. Shienvold's report of the stressful situation
in which him family has been placed. he refuses to follow the expert's opinion and
recommendations that he vacate the premises.
20. All reasonable attempts to resolve the issue of possession of the marital residence
have been exhausted.
M
21. Plaintiff hats been the prima}y caretaker and nurturer of the parties' children from
the lime of their births to the present.
22. Defendant has engaged io a cause of conduct %%,hich has been allusive to the
children and Petitioner as lollows:
(a) fn May 1999, Defendant accosted the parties' dttughter, Gabrielle. forcibly
grabbing her and chased her through the house.
(b) Defendant has threatened to lie up Plaintiff, handcuff and beat hcr, having further
placed hcr in fear by raising his fists to her face.
(c) Defendant has attempted to choke Plaintiff on more than one occasion.
(d) Defendant engaged in Sud(Ien verbal outbursts which are intimidating to
Defendant and the children.
23. An award of exclusive possession of the m:u•ital home will avoid uprooting the
parties' children from not only the marital home, bud also the social and community setting in
which they should he thriving.
WHEREFORE, Petitioner. DEBORAH K. DiMEMMO. respectfully requests this
Honorable Court grant her and the parties' children exclusive possession of the marital home
until the conclusion of the divorce proceedings.
Respectfully submitted,
Date: September . 2001
NIA\ J. SMITH. JR.. Esquire
I.D. No. '32114
James. Smith. Durkin & Connelly u.v
P.O. Box 650
Hershey. PA 17033
(717) 533-3250
I verifv that the statements made in this Petition are true and correct. I understand
that false statements herein are made subject to the penalties of 13 Pa. C.S. Section 4904.
relating to unsworn falsification to authorities.
DEBORAH K. DiM MO
. 's
Exhibit A
VA Riegler • Shienvol(l
& Associates
I--Iliot Rieglcr. Ph.D. (1948-1999)
Arnold T. Shicnvold, Ph.D.
Melinda Gash, iNIS
James Eash. LSW
:\lidsml J. Asken, Ph.D.
IAmnie Iloward. Ph.D.
:\nr: F:. I?eislin \CS\l.I-CS\\', BCD
l'raay Richard:;. QC'S%%', LCSW
Don Lmronce, LSW
Deanne Se°more. QCSW. LSW
Jcitrec Pincus, Ph.D.
Ann \'cr_,ilrs. A('Sl\', LSW. 13CD
I.t,a R. Papon<tti. MA
Custody Evaluation
Referred By:
Deborah DiMemmo v. Joseph DiNlemmo
Mutual Consent of the parties
Referral Reason: To conduct a comprehensive custody evaluation and to make
recommendations regarding the most appropriate custodial
arrangements for Gabrielle Marie DIMemnio, DOB 1/28/84,
Nathaniel Joseph DiMemmo, DOB 9/20/85, and Anthony Vincent
DiMemmo 8/13/87.
Individual Interviews:
Joseph DiMemmo
Deborah DiMemmo
Gabrielle DiMemmo
Nathaniel DiMemmo
Anthony DiMemmo
3/19/01, 4/13/01, 5/21/01
3/13/01, 4/12/01, 4/24/01
4/16/01, 5/31/01
4/18 /01, 511101
4/18/01, 511101
Psychological Testing: Minnesota Multiphasic Personality Inventory-2 (MMPI-2)
*Joseph DiMemmo
* Deborah DiMemmo
Millon Clinical Multiaxial Inventory-III (NICE-111)
*Joseph DiMemmo
*Deborah DiMemmo
Home Studies: Although the parents live in the same residence, the children were
observed with each parent within the (tome setting.
Additional Information: I. Therapy notes from Prank DiPrima, NI.S., therapist for Joseph
DiMemmo
2. School Records for all of the children
215 1 LInLIeSIOR'n IZoad. Suite 200 - Ilarrisburg. Pennsylvania 1-110 • (717) 540-1 =13 • Pas: (717) 540.1416
DiMemmo v. DiNlemmo
Page 2
The recommendations at the conclusion of this report are based on all of these sources of
information.
Background:
Joseph and Deborah DiMemmo have known each other since high school. They married
in 1977, but according to Joseph were "friends for 30 years." After graduating high school,
Deborah went to nursing school and became a nurse anesthetist. Joseph attended Penn State
University and became a CPA. They have been together ever since. Joseph currently works for
the Commonwealth and Deborah works at Holy Spirit Hospital.
It was Deborah who filed for divorce approximately two years ago. Since the time of the
filing they have been separated in the same household. Deborah feels that Joe is "mentally
unstable." She reported that he has been to multiple therapists and has been diagnosed with such
disorders as Social Phobia and Reactive Disorder. However, since she announced her intentions
to divorce, Joe has "choked me and physically attacked Gabrielle, scaring her so badly that she hid
from the house for a week." The children had been reporting that their father was scaring them
because he acts so "strange." He has appeared "distant, cold and slow in his thinking."
Deborah reported that Joe has been accusing her of sleeping with physicians, truck drivers,
and teenagers. She indicated that he has monitored her calls and threatened to call physicians
with his accusations. Deborah stated that approximately three years ago Joe awakened the
children to tell them that their mother had `-slept with a big black nigger." lie also told them that
she was on drugs and worshiped Satan. He has accused her of belonging to a cult. Deborah
stated that although the most outrageous behavior has stopped, he remains distant from her and
the family. Deborah believes that Joe's allegations come from his own guilt about actions in his
own life.
Deborah is very concerned about the unpredictability of his behavior. She reported that he
has been drinking and viewing pornography on the computer. He appears to be obsessed with the
belief that she is Bi-Polar and he has shown a movie to Anthony depicting a mother having sex
with teenagers. Because they have been living together, the situation has deteriorated. Deborah
reported that Joe has threatened her with abuse when she has disciplined the children. Because of
his behavior, lack of help for that behavior and unavailability throughout the marriage, Deborah
wants a divorce.
Joe has a totally different perception of what has occurred in the marriage. He reported
that he does not see the marital problems as being all his wife's fault. Nonetheless, he feels that
there is "something psychological or physical going on that she refuses to discuss." Joe denies
that he has ever had an allair. Fie noted that he has tried to be a good parent who helped with cub
DIMenlmO v. Dirvlemmo
Page 3
scouts, baseball and household chores. He indicated that he did things for the family f'or 15 years
without being appreciated for his contributions.
Joe believes that Deborah is either iii-Polar or Borderline. I le reported that for a period
of time he was getting repeated phone messages asking if Deborah was _,oing to a hotel. He
noted that these were from "diff'erent men." Joe indicated that 1. "At night, she has moved my
clothes out of the bedroom," 2. tic sleeps on the couch, 3. "She has purposely changed my
alarm," 4. "i had Steve Covey tapes and she took them," 5. She look his books "Who moved my
Cheese," "Man's Search For Meaning," his ring and watch, but denies she did it.
Joe made other allegations. He reported that at one point Deborah admitted to him that
site was involved with a younger man, but that she now denies that. Flo reported that she has had
increased levels of testosterone, but won't answer his questions about that. Deborah has left him
locked out of the house, forcing him to sleep in his car. Fie complained that Deborah has had an
array ofjobs since moving to Harrisburg, while his position is both stable and flexible. Joe
indicated that for the last 5 years Deborah has treated him and the children "very badly." He
stated that she once choked Anthony. When he intervened she accused him of betraying her.
Joe believes that there is a biological basis to Deborah's problems. He indicated that she
had a very bad childhood, but Deborah escaped that and learned to survive. According to Joe, his
daughter is depressed and has an abnormal EEG, which would be consistent with a disorder being
genetically passed on from mother. Anthony also shows behavior consistent with mood swings.
Joe noted that Deborah stopped attending church approximately 5 years ago. lie also reported
she told him that she does not believe in forgiveness, she talked about the Devil and lit a black
candle. Fie ultimately hid the candle. I-locvcver, Deborah admitted to none of these thin<-s.
Joe believes that the children are confused by all of this. 1-le hopes that they will be ok,
but "it would take a miracle to make mom and dad ok." He sees the children getting into the
middle of their conflicts and believes that "sucks." Joe indicated that he would like the children to
be with him, but short of that, he wants the kids to have ways of7dealin.; with their mother and
requesting support.
Reconuttendationsand Analysis:
The DiMernmo children range in a;e between 14 and 17 years old. Gabrielle is the oldest
child. She is described as a sweet, sensitive youngster who is old enough to be able to escape
some of the conflict of her parents. There seems to be little question that Gabrielle has always
been more aligned with her mother than her father. However, she loves them both.
Gabrielle is in rel.-ular classes at school. She appears to suffer with a learninq disability
that forces her to have to work harder. Nonetheless. she has succeeded in school and maintained
DiMemmo v. DiMemmo
Page 4
a cumulative GPA of 90.49. She is debating whether or not she would like to attend college. She
will be beginning 12" grade this coming school year.
Gabrielle's preference is to live primarily with her mother and spend time with her Father
each week. Given that she is 17 and driving, Gabrielle will be able to move herself from location
to location. Gabrielle indicated that she was physically accosted by her father during an argument
over music. She appears to have put that incident behind her, but she does not down-play it to
the extent that her father does. Gabrielle indicated that she dislikes being around her parents
conflict, but as mentioned above, she has been able to escape it by leaving the house. In many
ways the children have "gotten use to it."
Gabrielle indicated that her father appeared to be acting very strange for a while. Fie
woke them in the middle of the night and bet'an shouting crazy things about her mother. For
example, their father told them that their mother was being run by a pimp. Fie told them she was
in a cult and worshiped the Devil. However, Gabrielle likes spending time with her father and
describes him as a good father. Her mother was generally more involved in her everyday care and
activities.
Nathaniel is described as a very good boy who is bright and athletic. His father believes
that he underachieves given his level of skills. Nathaniel's grades have declined during the periods
of unrest between his parents. His overall cumulative average is 81.19. He has tended to not
hand in assignments in some of his classes. While his father sees him as underachieving, his
mother believes that he holds back due to nervousness. Nathaniel has been able to maintain good
relationships with each of his parents. lie is a child who does not like to "rock the boat."
Nathaniel will soon be IG years old. He likes to play soccer and baseball, but not for the
school teams. Nathaniel related that the situation at home "doesn't bother me that much." He
found out there were problems when his mother told him she wanted a divorce. It did not
surprise him because his parents "fought all the time." Nathaniel reported that his father told him
his mother was part of a cult. lie also accused her of being out with other men. According to
Nathaniel, that lasted for several months.
Nathaniel likes his current home and would rather not move. He would rather see his
father move out than his mother. In many ways, Nathaniel indicated that he is more comfortable
with his mother than his father. lie, like Gabrielle, indicated that lie Would want to spend time
with his father on weekends and during the week. Neither parent has asked him where he would
like to live.
Anthony recently turned 14 years old. He appears to be the most fragile of the three
children and was the most reluctant to talk about his parent's situation. Fie does not like school.
He finds it to be boring. Anthony likes sports, especially baseball, football and wrestling. He is
DiMemmo v. DiNlemmo
Page 5
angry about his parents separation, but starting to get use to it. He has many interests in common
with his father, especially around sports.
Anthony indicated that he would get very "pissed" if he could not live in his house. It
appears that Anthony is less concerned about who he lives with and more concerned about where
he will live. He does not avant any more of his life or world intruded upon by his parents
situation. Anthony has been exposed to his father's fcelin`,s about his mother. He knows that his
father thinks there is something wrong with his mother. He, too, heard many of the allegations
that his sister and brother have heard. Anthony feels very close to Nathaniel. He reported that he
is more able to talk with his brother than anyone else.
Anthony appears to be the most affected by his parents situation. He has directed much of
his anger towards his mother. He has made many mean, nasty comments to her. Anthony is the
most direct of the children and the one who has the hottest temper. Anthony is also the most
social of all of the siblings. He has many friends and likes to spend weekends with them.
Joseph DiMemmo presents as a quiet, conservative individual. Fie was always well
dressed and well groomed for his appointments. Joseph spoke in a low voice, but maintained
good eye-contact. He seemed willing= to do some self-speculation, but was relatively convinced
that his theories about his wife were correct. He postulated that she suffered so much abuse
during her childhood that she was now experiencing psychological problems. He could offer no
facts to verify any of his beliefs.
Joseph's psychological records indicated no diagnoses in them. If he was diagnosed with
social phobia or depression, it was not by Mr. DiPrima. However, Joe had taken anti-depressant
medication in the past. His therapy centered around his marital concerns and coping with his
wife's decision to divorce. He also used his therapy to explore possible diagnoses of his wife.
There was no mention of anger management training in these notes.
Joseph's mood during the sessions was subdued. He appears to be a man of above
average intellectual ability who is very invested in his work. However, he has few outside friends
or activities. He appeared mildly depressed and appears to live a somewhat schizoid lifestyle.
There were no particular signs of anxiety present during these interviews. Besides the beliefs he
holds about his wife's behavior, there were no signs of other delusions or cognitive impairments.
Furthermore, although there were two separate incidents of physical violence, one with Deborah
and one with Gabrielle, Joseph is not, in general, a violent man. In fact, his children noted that
their mother's temper is actually worse than their father's.
Joseph's MMPI-2 testing was mildly defensive. However, none of his clinical scales
reached beyond normal limits. Individuals with his profile tend to exhibit low energy levels. They
are described as dependable and reliable. They exhibit a conventional approach to problem
DiNlemntov. DiMemmo
Page G
solving and they tend to be somewhat dependent. They see themselves as quite masculine.
However, they may possess doubts about their own niascuiinity. 'T'hese men tend to be seclusive
and withdrawn. They tend to exhibit a narrow range of interests and minimal insight.
The MCMI-111 results are consistent with the tendency to be defensive about admitting
psychological problems. The piofilesuggests an anxious confbrmity to the expectations of
others. These men may fear expressing emotions and losing control. They appear grim, cheerless
and serious minded. They often possess marked feelings of personal inadequacy and insecurity.
He is likely to limit his activities so as not to experience criticism if he makes mistakes. Social
withdrawal is conunon its is dependency on a supportive institution such as his church or
workplace. Consistency and rigidity are common characteristics. This individual is likely to focus
on minor irrelevancies in order to distract himself from feelings of anxiety, inadequacy and
anticipated derogation. Although lie hides his anger well, surges of resentment may occasionally
break through. He is prone to make punitivejudgements on himself and experience prolonged
periods of stressful tension. The profile is consistent with Obsessive Compulsive Personality
Traits and Schizoid Personality Features.
Deborah DiNlemmo is 47 years old. She presented as a serious minded, anxious woman
who was very troubled by the current situation. She appeared for all her sessions well -,roomed
and dressed. However, she often seemed distracted and hopeless. Deborah seemed to be
experiencing situational depression and anxiety. Nonetheless, she was able to maintain her work
performance on the job and functioned in her role as mother.
Deborah denied being diagnosed as Bi-Polar or Borderline and she did not feel that she
had either of those disorders. There was nothing within Deborah's history, or symptom
presentation to suggest that she was Bi-Polar. Additionally, her denial oFthe accusations of
Joseph implied that she did not have symptoms consistent with Borderline Personality Disorder or
Dissociative Disorder. While true that Deborah suffered abuse in her childhood, site denied that
she experienced any blackouts, periods of time that she could not remember or any fugue
episodes. As mentioned above, Joseph could produce no evidence of any of these allegations.
Deborah appears to be somewhat more social than Joseph. However, she too appeared to
be withdrawn during this evaluation. She is a bright and articulate woman. There was no
evidence of cognitive impairment or a thought disorder. She denied alcohol or drug use, and also
denied significant problems with anxiety or depression.
Deborah completed the MMPI-2. Deborah's results also reflect a tendency to deny anv
psychological problems. She views herselfas virtuous, scrupulous and controlled. None of
Deborah's scales went beyond normal Emits in the profile. However, women with this profile
tend to be somewhat naive, optimistic and sell=centered. They may be perceived as rigid and
oversensitive. They also appear to be fair minded, frank and submissive. Many women with this
DiMemmo v. DiMemmo
Page 7
profile have rejected traditional woman values and stereotypes. Often these women are
predisposed to avoid unpleasant issues. They may exhibit a lack of insight and an over use of
denial. Nonetheless, for the most part they are clear thinking.
Deborah's MCMI-III results further validate her tendency to deny psychological problems.
She tends to use denial and cont'ormity to deal with tension and conflictual feelings. She does not
feel comfortable expressing strong feelings for fear of losing emotional control. She, too,
experiences feelings of insecurity and inadequacy. Major characteristics include a dependent
conformity and the inhibition of behavior that could evoke ridicule or contempt. She has a
tendency to be over concerned with minor details, a preoccupation that may serve to distract her
from her occasional feelings of minor anxiety and inadequacy. Women with this profile are
frequently given diagnoses of Obsessive Compulsive Personality Traits Disorder.
The situation within the DiMemmo household must change. By trying to remain in the
house together, the parents have exposed their children to on-going conflict and tension. The
result has been a withdrawal by the older children from the family. For Anthony, it has created
angry feelings and empowered him to manipulate his parents to avoid discipline. The children
have experienced deteriorating grades. They have also had to listen to their father's innuendos
and allegations against their mother. The result of that is to lead to ambivalence about both
parents.
Gabrielle and Nathan would prefer to spend more time with their mother. Anthony would
probably prefer to be with his father, but his close relationship with his brother is extremely
important. Additionally, in the absence of any confirmatory evidence, Joseph's claims appear to
be obsessive conjecture. They may, in fact, be representative of paranoid thinking. Although
both parents have been good parents in the past for these children, at this time it is recommended
that the children be in the primary residential custody of their mother, where ever site may live.
They should be allowed frequent contact with their father. It is strongly recommended that
Joseph remain in his therapy. It is also felt that the family could benefit from fancily intervention
by a trained family counselor.
12,
Dated Arnold T. Shienvold, Ph
.D.
w;
DEBORAH K. DiMEMMO, : IN THE COURT OF COMMON PLEAS
Plaintiff%Pctitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-6654
JOSEPH DiMEMMO, CIVIL ACTION - LAW
Defendant/Respondent IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW this 5 day of September, 2001, ],MAX J. SMITH, JR., Esquire,
Attorney for Plaintiff/Petitioner, hereby certify that I have this day sent a copy of Petition for
Exclusive Possession of Marital Residence by depositing a certified copy of the same in the
United States mail, postage prepaid, at Hershey, Pennsylvania, addressal to:
Flowen, Kissinger & Miles, P.C.
Attn: Cindy S. Conlcy, Esquire
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
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MAX J. SMITH, JR., Uquire
James, Smith, Durkin & Connelly LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
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HOWETT, KISSIN?':ER & CONLEY, P.C.
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IIARRISBMG, PkN $YLVANIA 17108
101 INC. I IOWEIT, 1R.
IXJNAI.D'1'. KISSINGI;R
CINDY S. CONLEY
DARREN J. 1101.ST
DEBRA M. SI IIMP
Legal Assistant
July 25. 2001
Robcrt E. Elickcr, 11, Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Dear Mr. Elickcr:
Re: DiAtemmo v. Didlennno
Doc•kel No. 99-6654
(717)274.2616
FAX (717) 214.5402
This letter will confirm the voice message that I left for you and "fraci on this date. The
DiMemmo's have reached an agreed upon stipulation in regard to the fair market value of the
marital residence. Accordingly, the July 27, 2001 hearing scheduled for real estate appraisal
testimony is no longer necessary and should be canceled. The parties are stipulating that the fair
market value of the marital residence is S210,000.
I thank you for your assistance in this matter.
CSC/djk
cc:
Very truly yours,
" v // 172
Cindy S. Conicy
Max J. Smith, Jr., Esquire (via fax & mail)
Joseph Diblemmo
DEBORAH K. DIMEMMO,
Plaintiff
vs.
JOSEPH DIMEMMO,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6654
CIVIL ACTION - LAW
IN DIVORCE
ORDER OF COURT
Hess, J. ---
AND NOW, this 9 r day of October, 2001, upon agreement of the parties,
the hearing on Plaintiff's Petition for Exclusive Possession of the Marital Residence which was
scheduled for October 10, 2001 is continued for 60 days. In the event that the Defendant
vacates the marital residence as planned, counsel for Petitioner shall withdraw the Petition.
However, in the event that Defendant does not vacate the residence on or before December 1,
2001, Plaintiff may, by motion, request a new date be set for the Court to address the petition.
BY THE COURT,
.-/<.
Dist: Donald T. Kissinger, Esquire, 130 Walnut Street, Har
Max J. Smith, Jr., Esquire, PO Box 650, Hershey, PA
iA. Hess, J.
17101 \
0650
Or7J,'Q.
V,Nx? 001
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DEBORAH K. DiMEMMO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99 - 6654 CIVIL
JOSEPH DiMEMMO,
Defendant IN DIVORCE
ORDER OF COURT
AND NOW, this J :T f day of J[ z?c 1?1 0 4J ,
2001, the parties and counsel having entered into an
agreement and stipulation resolving the economic issues on
October 4, 2001, the date set for a Master's hearing, the
agreement and stipulation having been transcribed, and
subsequently signed by the parties and counsel, the
appointment of the Master is vacated, and counsel can
conclude the proceedings by the filing of a praecipe to
transmit the record with the affidavits of consent of the
parties so that a final decree in divorce can be entered.
BY THE COURT,
- A011?
Geo g o fer, P .
cc: Max J. Smith, Jr.
Attorney for Plaintiff
Donald T. Kissinger and Cindy S. Conley
Attorneys for Defendant
DEBORAH K. DiMEMMO,
Plaintiff
VS.
JOSEPH DiMEMMO,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 6654 CIVIL
IN DIVORCE
THE MASTER: Today is Thursday, October 4, 2001. This is the
date set for a Master's hearing in the above captioned divorce proceedings.
Present in the hearing room are the Plaintiff, Deborah K. DiMemmo, and her
counsel Max J. Smith, Jr., and the Defendant, Joseph DiMemmo, and his
counsel Cindy S. Conley and Donald T. Kissinger.
This action was commenced by the filing of a divorce complaint
on November 3, 1999, raising grounds for divorce of irretrievable breakdown of
the marriage. No economic claims were raised in the complaint. On April 14,
2000, an amended complaint was filed adding a ground for divorce of
indignities and raising the economic claim of equitable distribution. Husband
filed a petition on February 22, 2001, raising economic claims of alimony,
alimony pendente lite, and counsel fees and costs.
The parties were married on May 28, 1977, and agreed that the
separation occurred November 3, 1999. This agreement was stated in the pre-
hearing conference memorandum after consultation with counsel, which was
placed on the record on Monday, June 4, 2001.
The parties are the natural parents of three children, all of whom
are minors. Inasmuch as the parties currently reside in the same residence,
although they are separated as far as their lives, they have reached an
agreement with respect to the custody of the three children, which will go in
effect December 2, 2001. Currently the children are also residing in the same
residence as both parents so that the custody order will probably not become
meaningful or effective until after husband vacates the marital residence.
After considerable negotiations today, the Master has been
advised that the parties have reached an agreement with regard to the
outstanding economic claims. An agreement is going to be placed on the
record in the presence of the parties. The agreement as placed on the record
will be considered the substantive agreement of the parties, not subject to any
changes or modifications except for correction of typographical errors, which
may be made during the transcription. After the agreement has been
transcribed, the draft will be sent to counsel to review for typographical
errors, the corrections can be made by the court reporter, if any, and then the
parties and counsel will be asked to sign the completed document affirming the
terms of settlement stated on the record. It is understood, however, that
when the parties leave the hearing room today, even though there has been no
signatures affixed to the agreement, they are bound by the terms of the
agreement as stated on the record.
With respect to the grounds for divorce, the Master was provided
previously affidavits of consent and waivers of notice of intention to request
entry of divorce decree which were signed by both parties and filed with the
2
Prothonotary on July 3, 2001. The divorce can, therefore, conclude under
Section 3301(c) of the Domestic Relations Code.
Following the receipt by the Master of a completed agreement,
the Master will prepare an order vacating his appointment and counsel will
then be in a position to file a praecipe transmitting the record to the Court
requesting a final decree in divorce. Mr. Smith.
MR. SMITH: The parties have agreed as follows:
1. Husband agrees to transfer to wife all of his right, title, and interest in
the marital residence located at 1108 Gunstock Lane, Mechanicsburg,
Pennsylvania. Wife shall refinance the current mortgage thereon and shall
apply for said mortgage refinancing within five working days from the date
hereof and to the extent she is able, wife shall complete the mortgage
refinancing process on or before December 1, 2001.
Husband shall execute a deed to be prepared by wife's counsel and held
in escrow by counsel for husband transferring his interest in the marital
residence to wife. Husband's counsel shall provide an executed copy of that
deed so that wife may present it to her lender in connection with the mortgage
refinancing process. In consideration for transferring his interest in the
marital residence to wife, wife shall pay to husband at the time of her
refinancing settlement the sum of $32,024.00. That amount not only is in
consideration for husband's interest in the marital residence, but also in the
furtherance of husband's interest in the equitable distribution of marital
assets. The aforesaid sum which is payable from wife to husband takes into
account all prior issues of dispute concerning the economic and property issues
as well as any crediting issues that had been heretofore presented by either
party.
Until husband vacates the marital residence, the parties shall continue
to share equally the monthly mortgage payments and husband alone shall
continue to pay the monthly electric, water and America On-line. The parties
shall further bear equal responsibility for payment of the family food expenses.
2. The parties have agreed to divide their personal property pursuant to a
marked up appraisal prepared by Chuck E. Bricker, which has been annotated
by the parties and signed by them today. Each party has been presented with a
copy of that appraisal and have agreed to abide by the agreement. The
appraisal will be attached to the agreement as an exhibit. (Joint Exhibit No. 1)
While it is expected that husband shall remove his belongings when he vacates
the marital residence, in no event shall those items remain in the residence
beyond six months from the date hereof.
3. Husband shall be solely responsible for payment of the PSECU Visa
account, which has an approximate balance of $7,200.00 and shall take
whatever steps are necessary to remove wife's name from that account within
thirty (30) days from the date hereof.
4. With respect to the remaining marital assets and the distribution of
same, they shall be divided pursuant to an exhibit to be prepared by counsel
for the parties in a neat and final format and attached hereto. (Joint Exhibit
No. 2)
5. The parties have contributed to three Pennsylvania Tuition Account
Programs for the benefit of their three minor children, all of which are titled in
the name of husband. To the extent that husband is able, under the Tuition
Account Program, he shall separate the contributions that have been made by
wife to those plans so that they may be placed in accounts initiated by her
post-separation, again, for the benefit of the three children. To the extent
husband is not able to accomplish the separation of wife's contributions
directly to her as aforesaid, he shall maintain the three accounts for the
benefit of the minor children and shall not invade those accounts which shall
specifically be used for the three children's education. In the event that the
accounts are not used for the education of one or more of the children,
husband agrees that upon each child attaining age thirty (30), the parties shall
divide the remaining balance of said account in proportion to their
contributions to said account.
The parties acknowledge that as of today the account for their daughter
Gabrielle has an account balance of $23,075.00. The account for their son
Anthony has an account balance of $17,375.00 and the account for their son
Nathaniel has an account balance of $19,000.00.
6. Husband hereby waives any ancillary claims that he has raised to date
including alimony, alimony pendente lite, spousal support, counsel fees, costs,
and expenses.
7. The parties agree that the agreement shall be incorporated into their
final decree in divorce for enforcement purposes.
8. The sum of approximately $1,222.00 is being held in escrow by counsel
for wife representing an IRS refund of $600.00 and an All State insurance
reimbursement check at the sum of $622.00. That amount shall be released to
counsel for husband within five (5) days from the date hereof.
9. There are certain United Stated savings bonds, Series E, which are to be
the property of husband and which are in wife's possession and shall be
released to him within five (5) days from the date hereof.
10. Similarly there are stock certificates held by the parties jointly but are
in the possession of wife. Specifically there are 74 shares of Schering Plough
stock and 100 shares of Pepsico stock, which certificates shall be released to
husband, again, within five (5) days from the date hereof.
11. The parties acknowledge that wife is to become sole owner of the 1997
Ford Econoline van and that the title thereto is currently being held jointly.
Husband shall take whatever steps are necessary to release his interest and
sign over that title to wife at the appropriate time upon request by wife.
12. 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,
statutory allowance, widow's allowance, right of intestacy, right to take
against the will of the other, and right to act as administrator or executor in
the other's estate. 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.
MR. SMITH: Mrs. DiMemmo, you've been present during
these proceedings throughout today?
MRS. DiMEMMO: Yes.
MR. SMITH: And you've participated in the negotiations,
which have resulted in the agreement that has just been stated?
MRS. DiMEMMO: Yes.
MR. SMITH: Have you had an opportunity to view both
exhibits one and two which concern the distribution of assets and really pertain
to the overall economic resolution of this case?
MRS. DiMEMMO: Yes, I have.
MR. SMITH: And are you satisfied that the agreement as
stated with the exhibits is in your best interest?
MRS. DiMEMMO: Yes.
MR. SMITH: And that being said, you agree to sign the
agreement when presented with it?
MRS. DiMEMMO: Yes.
MR. KISSINGER: Mr. DiMemmo, you've been present
through negotiations throughout this morning and early afternoon?
MR. DiMEMMO: Correct.
MR. KISSINGER: And you have listened thoroughly to the
agreement that has been read on to the record today?
MR. DiMEMMO: Yes.
MR. KISSINGER: You also have had the opportunity to
review exhibits one and two as they pertain to the equitable distribution of
your marital property?
MR. DiMEMMO: Yes.
MR. KISSINGER: And do you agree that the terms read on to
the record today represent the terms of your settlement as negotiated here
throughout the course of the morning and early afternoon?
6
MR. DiMEMMO: Yes.
MR. KISSINGER: And it is your intention to sign the
transcript of this agreement as prepared by the court reporter upon
presentation?
MR. DiMEMMO: Yes.
I acknowledge that I have read the above stipulation and
agreement, that I understand the terms of settlement as set forth herein, and
that by signing below I ratify and affirm the agreement previously made and
intend to bind myself to the settlement as a contract obligating myself to the
terms of settlement and subjecting myself to the methods and procedures of
enforcement which may be imposed by law and in particular Section 3105 of
the Domestic Relations Code.
WITNESS:
DATE:
n
041 CA R 19 Ur 5b",V
Max J. Smith, Jr. Deborah K. DiMemmo
Attorney for Plaintiff
Donald T. Kissinge
Cindy S. Conley
Attorneys for Defendant
? Ca.-?/
os h iMemmo
DiAlenuuo v. DiAlenuno
Joint E.Yltibit #2
Scbrrbtle _ f Distribution n f,t ccetc
To Deborah K. DiMenmto:
Asset Stioul:ued Marital Value
I. Marital Residence S 156,527.00 (equity)
(subject to mortgage)
2. Deborah's Morgan Stanley IRA S 3,252.00
3. HolySp4itilospilal FideliU'Investment. S 5.362,00
4. Penn State/GeisingerFidelity Investment S 3,012.22
5. Pinnacle Health 403(8) S 15,751.00
6. Lincoln Financial Group 403(B) $ 5,736.64
7. TIANCRF.F $ 2,975.75
S. Trawlers Annuity S 32,658.36
9. PmnarIc Health Defined Bcmtetit Pension S 14.777.00
10. 1997 Ford Econo!ine Var. S 11.500 00
To Joseph DiMemmo:
Asset Stinulated Marital Value
1. PSERS Pension $1 34,371.00
2. Joseph's Deferred Contpensrtion Plan S 58,125.00
3. Joseph's Morgan Stanley IRA S 3,183.22
4. U.S.Savings Bonds $ 2,785.40
5. Joint Tax Refund S 600.00
6. [louse Insurance Proceeds S 622.18
7. Car Insurance Proceeds S 2,455.00
S. A1CPA Account S 1,635.00
9. Schering Plough Stock (74 shares) S 2,75650
10. Pepsico Stock (100 shines) S 4.935.00
DEBORAII K. DIMEMNIMO,
Plaintiff
JOSEPH DIMEMMO,
Defendant
IN TI IE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-6654
CIVIL ACTION - LAW
IN DIVORCE
NOTICE OF INTENTION TO RESUME PRIOR NAME
Notice is hereby given that the Plaintiff in the above matter, having been granted it final
decree in divorce on the 14th day of November, 2001, hereby intends to resume and hereatler use
the previous name of DEBORAH K. BIDDLE, gives this written notice avowing her intention in
accordance with 54 Pa. C.S.A. §704 as amended and supplemented to date.
DEBORAH K. DIMEMMO
to be known as
SWORN and subscribed to
before me this- Z ! day
of November, 2001.
NOTARY PUBLIC
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DEBORAH K. BIDDLE
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