The URL can be used to link to this page

Home My WebLink About03-6596 OHI611iAl vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA : No. D3 -1.S9~ (];u~L '7-CJL.W) SHIRLEY A. TROMBETTA, Plaintiff ROBERT J. TROMBETTA, Defendant : CNIL ACTION - LAW : IN DNORCE NOTTCR TO nF,FRNn ANn CI ,AIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Dauphin County Courthouse, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE 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 THE OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, P A 17013 (717) 249-3166 SHIRLEY A. TROMBETTA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. ROBERT J. TROMBETTA, Defendant : CIVIL ACTION - LAW : IN DIVORCE ~ VTSO PARA DRFRNDRR Y RRCT ,AMAR DRRRCHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas sigientes, debe tomar accion con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede se emitido en su contra por la Corte. Una decision puede tambien se emitida en su contra por cualquier otra queja o compensacion rec1amados por el demandante. Usted puede perder dinero, 0 propiedades, 0 otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotario, en la Dauphin County Courthouse, Harrisburg, Pennsylvania. Sl USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARlOS DE ABOGADO 0 OTROS GASTOS ENTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SE EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEV AR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association Two Liberty Avenue Carlisle, P A 17013 (717) 249-3166 " o SHIRLEY A. TROMBETTA, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, ) PHINSYLVANIA ) vs. ) CIVIL ACTION - LAW ) ) NO. 03-6596 ROBERT J. TROMBETTA, ) Defendant ) IN DIVORCE MOTION FOR HEARING AND NOW comes the above-named Defendant, and moves the court to schedule a conference before the Domestic Relations Office and, if necessary, a hearing, on his request for alimony pendente lite, as raised in his Petition for Economic Relief, a copy of which is attached hereto. Samu L. An s Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 II " SHIRLEY A. TROMBETTA, Plaintiff vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-6596 ROBERT J. TROMBETTA, Defendant IN DIVORCE DEFENDANT'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Defendant, by h'is attorney, Samuel L. Andes, and petitions the court for economic relief, based upon the following: COUNT 1- EQUITABLE DISTRIBUTION 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Defendant prays this Honorable Court,. after requiring full disclosure by the Plaintiff, to equitably divide the property, both real and personal, owned by the parties hereto as martial property. COUNT \I - ALIMONY 2. Defendant lacks sufficient property to provide for his reasonable needs in accordance with the standard of living of the parties established during the marriage. 3. Defendant is unable to support himself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 4 The Plaintiff is employed and enjoys a substantial income from which she is able to contribute to the support and maintenance of the Defendant and pay him alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to support and maintain Defendant in the station of Life to which he has become accustomed during the marriage. 11 COUNT III - ALIMONY PENDENTE LITE 5. Defendant is without sufficient income to support and maintain himself during the pendency of this action. 6. Plaintiff enjoys a substantial income and is weill able to contribute to the support and maintenance of Defendant during the course of this action. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay him reasonable alimony pendente lite during the pendency of this action. COUNT IV - COUNSEL FEES AND EXPENSES 7. Defendant is without sufficient funds to retain counsel to represent him in this matter. 8. Without competent counsel, Defendant cannot adequately prosecute him claims against Plaintiff and cannot adequately litigate his rights in this matter. 9. Plaintiff enjoys a substantial income and is well able to bear the expense of Defendant's attorney and the expense of this litigation. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal fees and expenses incurred by Defendant in this litigation of this action. ~\)-...~ Sam el L. Andes Attorney for Defendant Supreme Court 10 # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 " I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ?/, ~6 I I BETTA $ 1: l ~ o ~ ~;J (':>; Inf. -:.:J'--T' tj~F r-)~-' ~:~':, ~;~C> .- c- ....::;. =3 -.. ~ ,..., = = c.n C- c: .. I C1' ~ :T.'..." i~ ::,;1"", ~J._ '"1' ;,1 (~) om --< 1; "< ..", ~. ~ N ..... - ,.<,- SHIRLEY A. TROMBETTA, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, ) PENNSYLVANIA ) VS. ) CIVIL ACTION - LAW ) ) NO. 03-6596 ROBERT J. TROMBETTA, ) Defendant ) IN DIVORCE DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER NAME Robert J. Trombetta ADDRESS P.O. Box 503 Mountville, PA 17553 BIRTH DATE March 30, 1949 SOCIAL SECURITY NUMBER 150-40-6785 HOME PHONE 773-5203 WORK PHONE none EMPLOYER NAME unemployed EMPLOYER ADDRESS N/A JOB TITLE/POSITION N/A DATE EMPLOYMENT COMMENCED N/A GROSS PAY N/A NET PAY NfA OTHER INCOME NfA ATTORNEY'S NAME Samuel L. Andes ATTORNEY'S ADDRESS 525 North 12TH Street Lemoyne, PA 17043 ATTORNEY'S PHONE NUMBER (717) 761-5361 RESPONDENT NAME Shirley A. Trombetta ADDRESS 137 C. North 21 st Street Camp Hill, PA 17011 BIRTH DATE Decembl!r 24, 1957 SOCIAL SECURITY NUMBER 155-52-6903 HOME PHONE WORK PHONE EMPLOYER NAME DAPS EMPLOYER ADDRESS Mechanicsburg, PA JOB TITLE/POSITION DATE EMPLOYMENT COMMENCED GROSS PAY NET PAY OTHER INCOME ATTORNEY'S NAME Joseph D. Caraciolo, Esquire ATTORNEY'S ADDRESS 21 08 Markl~t Street Camp Hill, Pa 1011 ATTORNEY'S PHONE NUMBER 763-1800 MARRIAGE INFORMATION DATE OF MARRIAGE July 2, 1995 PLACE OF MARRIAGE Bahamas DATE OF SEPARATION Late October 2003 ADDRESS OF LAST MARITAL HOME 78 Old Stonlehouse Road South Carlisle, PA 17013 DESCRIPTION OF DOCUMENT RAISING APL CLAIM Petition for Economic Relief DATE APL DOCUMENT FILED contemporaneously with this document SHIRLEY A. TROMBETTA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. ROBERT J. TROMBETTA, Defendant : CIVIL ACTION - LAW ; IN DIVORCE COMPT .ATNT TN mVORCR I. Plaintiff is Shirley A. Trombetta, an adult individual, who currently resides at 78 Old Stonehouse Road, Carlisle, PA 17013, in Cumberland County, Pennsylvania. 2. Defendant is Robert J. Trombetta who was last known to have resided at 78 Old Stonehouse Road, Carlisle, PA 17013. Plaintiff has no knowledge of the Defendant's present whereabouts 3. Both parties have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Plaintiff and the Defendant were married in July, 1995, in the Commonwealth ofthe Bahamas, Paradise Island. 5. Neither plaintiff nor defendant is in the military or naval service ofthe United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the Court require the parties to participate in counseling. COT TNT T - DIVORCF. TTNDF.R SF.CTTON :BOl (a)(.l) 8. The prior paragraphs, one (1) through seven (7), of this Complaint are incorporated herein by reference thereto. 9. Defendant has committed cruel and barbarous treatment, and endangered the life and health of the Plaintiff. 10. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(a)(3) ofthe Divorce Code. COTTNT TT - RF,QTTF.ST FOR F.QTTTT ART ,F. DISTRTRTTTION II The prior paragraphs, one (I) through ten (10), of this Complaint are incorporated herein by reference thereto. 12 Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) ofthe Divorce Code. COTTNT TTT - RF,QTTF.ST FOR CONTTNTTF.D MATNTF.NANCF. A NO RF.NF.FTCT ARV DRSTr.N A TTONS OF F,XTSTTNr. POT JCTF.S TNSTTRTNr. T ,IFF. AND HF.A T ,TH OF DRFF.NDANT TTNDRR SF.CTION l"i02Ql) OF THF. DTVORCR CODR 13. The prior paragraphs, one (1) through thirteen (13), of this Complaint are incorporated herein by reference thereto. 14. During the course of the marriage, defendant has maintained certain life and health insurance policies for the benefit of the plaintiff. 15. Pursuant to Section 3502(d), plaintiff requests defendant be directed to continue maintenance of said policies for the benefit of plaintiff. WHEREFORE, plaintiff respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing defendant to continue to maintain certain life and health insurance policies for the benefit of plaintiff. COIJNT TV - RF,QIJF,ST FOR SPOIJSAT. SIJPPORT ANn/OR AUMONY pF,NnF,NTF, T ,TTF, ANn AT .TMONY TTNTlF,R SF,CTIONS 1701 (A) ANn ~702 OF THF, nrvoRCF, ConF, 16. The prior paragraphs, one (1) through fifteen (15), of this Complaint are incorporated herein by reference thereto. 17. Plaintiff is unable to sustain herself during the course of litigation. 18. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate, adequate, employment. 19. Plaintiff requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. WHEREFORE, plaintiff respectfully requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. COIJNT V - RF,QIJF,ST FOR COTTNSF,T, FF,F,S, COSTS ANn F,XPF,NSF,S IJNTlF,R SF,CTIONS ~1 04(..\)(1), ~~21(R), ~70Z. ANn 4151 (A) OF THF, mVORCF, ConF, 20. The prior paragraphs, one (1) through nineteen (19), of this Complaint are incorporated herein by reference thereto. 21. Plaintiff has employed Joseph D. Caraciolo, Esquire, of the Law Offices of Patrick Lauer, Jr., L.L.c. to represent her in this matrimonial cause. 22. Plaintiff is unable to pay her counsel fees, costs and expenses and defendant is more than able to pay them. 23. Defendant is employed and has the ability to pay Plaintiffs counsel fees, costs and expenses. 24. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, plaintiff requests that, after final hearing, the Court order defendant to pay plaintiffs reasonable counsel fees, costs and expenses. WHEREFORE, plaintiff respectfully requests that, pursuant to Sections 3104(a)(I), 3323(b), 3702, and 4351(a) of the Divorce Code, the Court enter an order directing defendant to pay plaintiffs reasonable counsel fees, costs, and expenses. Respectfully submitted, /~ , ~ L~L e D. Caraciolo, Esquire 08 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717)763-1800 Date: I :l/.2:J.- Iff :; SHIRLEY A. TROMBETTA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. ROBERT J. TROMBETTA, Defendant : CIVil.. ACTION - LAW : IN DNORCE VF.RlmC:A TION I, Shirley A. Trombetta, 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. S 4904, relating to unswom falsification to authorities. Date: 13/17103 Signature:..))W /11):jj 1!mn1J..d;/J1J ~~rA. Trombetta ~t ~ ~~ ~ ( ~ ~ & 0- ~ , o. ~ g ~ ( ~"..;." ~ ~ (;\,t I . rJ :~''T1 ._~" r'l in f':: (--l ~rn ...,) -',,-? '-~ ()('J '- -1_._ . ~--:: --i., ='.~ :~, ~-~ r;~ . _~ -;..... -<..... -~ -. ~Cv J:~ r- ~ " SHIRLEY A. TROMBETTA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 05 'i c., NO. O:J ROBERT J. TROMBETTA, Defendant IN DIVORCE PETITION FOR EXCLUSIVE POSSESSION OF RESIDENCE AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and petitions the Court for an award of exclusive possession of the residence at 78 Old Stonehouse Road South in Carlisle, Cumberland County, Pennsylvania, based upon the following: 1. The Petitioner herein is the Defendant, an adult individual who resides in Carlisle, Pennsylvania and whose address is P.O. Box 902 in Carlisle, Pennsylvania 17013. Mr. Trombetta is referred to hereinafter as "Husband." 2. The Respondent herein is the Plaintiff, an adult individual who currently resides at 78 Old Stonehouse Road South in Carlisle, Pennsylvania 17013. Mrs. Trombetta is referred to hereinafter as "Wife." 3. The parties own a residence at 78 Old Stonehouse Road South in Carlisle, Pennsylvania which they acquired during the marriage and which is marital property. The property is subject to a first mortgage owed to the National Mortgage Company, on which the parties owe a balance of approximately $172,000.00, and which requires monthly payments of $1,210.46. The property is also subject to a home equity loan owed to Members 1 st Federal Credit Union on which the monthly payments are approximately $200.00 per month. The said property is referred to hereinafter as the "Residence." 4. Prior to the problems which have caused the separation of the parties, the Residence was the home to Husband, Wife, and husband's mother, Viola Trombetta. Viola Trombetta is ninety years of age, has lived in this house with the parties since they acquired it in 1999, and has almost all of her possessions and her two pet cats still in the residence. " 5. Husband moved out of the Residence in late October 2003 after learning that Wife was having an illicit and adulterous affair with another man. At the time he moved out he believed the parties had agreed to list the house for sale so that they could conclude a property settlement and a divorce without dispute. 6. Since Husband moved out of the Residence, Wife has refused to sell the residence or to cooperate in its sale, has refused to pay the mortgage or home equity loan which encumber the property, and has demanded that Husband make all of those payments while she resides in the house. 7. Husband believes that Wife has entertained her male friend in the house and has had adulterous and other improper relations with that person in the Residence. 8. Husband asks this court to award him exclusive possession of the residence for the following reasons: A. The Residence is his home and he should not be deprived of that because of Wife's wrongdoing. B. The Residence is the home of his mother who has no other permanent or suitable place to reside and who wants and needs to return to the residence and her possessions. C. Wife has indicated her unwillingness to pay the expenses of the residence, specifically the mortgage and home equity loan, and Husband cannot afford to pay those expenses while he pays the costs of living elsewhere. 9. Husband and his mother will be unfairly prejudiced and will suffer irreparable harm if they continue to be deprived of their home. WHEREFORE, Defendant prays this Court to award him exclusive possession of the Residence at 78 Old Stonehouse Road South in Carlisle, Pennsylvania, until the conclusion of the divorce in this matter or until further order of this Court. ~ Attorney for Defendant Supreme Court 10 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 II I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 12-/21/03 o c: L,_ ,. , ::.2 ...., = <= """ c..... """ :c: I 0> o ." 'i! ~~ e36 :r~:T. ~~(:S t5"n :;! ~~ ,? :::: ':Y "" 0', II ,V SHIRLEY A. TROMBETTA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. OJ - "3~<fr" C.v.1 ROBERT J. TROMBETTA, Defendant IN DIVORCE ORDER OF COURT AND NOW, this '8 ~ day of QCVJU..( CV7i: ' 2004, upon consideration of the attached Petition40r Exclusive ossession of Residence, we hereby schedule a hearing in this matter commencing at 9:30 o'clock -B-.m., in Court Room No. L of the Cumberland County Courthouse, on ~-t1d ~ ,the / .11:: day of ~.h "-' L , 2004. BY THE COURT, Distribution: J. '/('/0 Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12th Street, Lemoyne, PA 17043 v-%Joseph D. Caraciolo, Esquire (Attorney for Defendant) 2108 Market Street, Camp Hill, PA 17011 ~~ fY]~ OJ -Oq-Ol \l\I\~\N\t,\SNNjd IJ.~ l(""''.'~ "'''~'','''V'''; :'\1 i\~',) ~i,"' i.~I, \J 60 :S \~d 8- N~r flDuZ Pj'41CX10\.~JC'dd jHl .:!O 3~\~!.o-{l3l\:l SHIRLEY A. TROMBETTA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 03-6596 Civil Term ROBERT J. TROMBETIA, Defendant : CNIL ACTION - LAW : IN DNORCE PETITION FOR ALIMONY PENDENTE LITE CONFERENCE AND NOW comes the Plaintiff, Shirley A. Trombetta, by and through her attomey, Joseph D. Caraciolo, Esq., of the Law Offices of Patrick Lauer, L.L.C., and respectfully files this petition for relief averring as follows: 1. Plaintiff, filed a divorce complaint on December 26, 2003. 2. Plaintiff's Divorce Complaint included a request for Spousal Support and/or Alimony Pendente Lite (See Exhibit "A" attached hereto.) 3. Plaintiff asserts that she is entitled to Alimony Pendente Lite and is requesting a hearing on the matter. 4. A conference regarding spousal support is scheduled for the 18th day of February, 2004 at 9:00 a.m. at the Domestic Relations Section at 13 North Hanover Street, Carlisle, Pennsylvania, 17013. (See Exhibit "B" attached hereto.) 5. The Defendant will be adequately prepared to discuss both spousal support and alimony pendente lite at the above-mentioned conference. WHEREFORE Defendant respectfully requests this Honorable Court grant her the requested relief and schedule a conference on the issue of Alimony Pendente Lite to coincide with the conference previously scheduled for spousal support. Date: O~/O~ /0'( I ' e D. Caraciolo, Esquire 08 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717) 763-1800 Respectfully submitted, \ ((~ SHIRLEY A. TROMBETTA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 'IS. : No. 03-6596 Civil Term ROBERT J. TROMBETTA, Defendant : CIVIL ACTION- LAW : IN DIVORCE ATTORNEY VERIFICATION The undersigned, Joseph D. Caraciolo, Esquire, hereby verifies and states that: 1. He is the attomey for the Plaintiff Shirley Trombetta; 2. He is authorized to make this verification on her behalf; 3. The facts set forth in the foregoing Petition are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. Date: O:l-/o)~ L/ ( ( I Respectfully submitted, (- (~ J sep D. Caraciolo, Esquire 108 Market Street, Aztec Building Camp Hill, Permsylvania 17011-4706 ID# 90919 Tel. (717) 763-1800 SHIRLEY A. TROMBETTA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 03-6596 CivIl Term ROBERT J. TROMBETTA, Defendant : CIVIL ACTION .. LAW : IN DIVORCE CERTIFICATE OF SERVICE. 1 hereby certify that 1 am this day serving a copy of the foregoing Petition upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Camp Hill, Pennsylvania, through first class U.S. Mail, prepaid, and addressed as follows:: Samuel L. Andes Attorney at Law 525 North Twelfth Street P.O. Box 168 Lemoyne, P A 17043 Respectfully submitted, /1 ! I' ~~ Date: O;).../~,,>ft 7 ( ( Jo eph DCaraciolo, Esquire 08 Market Street, Aztec Building amp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717)763-1800 Ll COpy SHIRLEY A. TROMBETTA, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. OJ -bS9b (2/~:l~ : CIVIL ACTION .. LAW : IN DIVORCE ROBERT 1. TROMBETTA, Defendant NOTICF. TO DRFF.NO A NO n ,A 1M RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Dauphin County Courthouse, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPalSES 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 AFYORD ONE, GO THE OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar A.~sociation Two Liberty Avenue Carlisle, P A 17013 (717) 249-3166 0 N 0 = c =' .." ......, ~ CJ ..... 'Y' :.T:::n r" r'l- e) . r- -om 1''' -hQ en cjh l_ ~,.J -"'j -~) ~jAf~ -- c_ r:;> ':':::'1, -"7 '". . C) ::0 ...\ -. c;l -< SHIRLEY A. TROMBETTA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. ROBERT J. TROMBETTA, Defendant : CIVIL ACTION .. LAW : IN DIVORCE A VlSO PAR A nF.FRNnRR V RRC'T.AM A R nRRRC'HOS USTED HA smo DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas sigientes, debe tomar accion con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede se emitido en su contra por la Corte. Una decision puede tambien se emitida en su contra por cualquier otra queja o compensacion rec1amados por el demandante. Usted puede perder dinero, 0 propiedades, 0 otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotario, en la Dauphin County Courthouse, Harrisburg, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTIClA, PROPIEDAD MARITAL, HONORARlOS DE ABOGADO 0 OTROS GASTOS ENTES DE QUE EL DECRETO FINAL DE DNORCIO 0 ANULAMIENTO SE EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUlERA DE ELLOS. USTED DEBE LLEV AR ESTE PAPEL A UN ABOGADO DE INMEDlATO. SI NO TlENE 0 NO PUEDE PAGAR UN ABQGADO, VAYA 0 LLAME A LA OFlCINA INDlCADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SHIRLEY A. TROMBETTA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. ROBERT 1. TROMBETTA, Defendant : CIVil., ACTION - LAW : IN DNORCE C'OMPT ,A TNT TN nrvoRC'F. 1. Plaintiff is Shirley A. Trombetta, an adult individual, who currently resides at 78 Old Stonehouse Road, Carlisle, P A 17013, in Cumberland County, Pennsylvania. 2. Defendant is Robert J. Trombetta who was last known to have resided at 78 Old Stonehouse Road, Carlisle, P A 17013. Plaintiff has no knowledge of the Defendant's present whereabouts 3. Both parties have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Plaintiff and the Defendant were married in July, 1995, in the Commonwealth of the Bahamas, Paradise Island. 5. Neither plaintiff nor defendant is in the military or naval service of the United States or its allies within the proVisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the Court require the parties to participate in counseling. (,OlINT I - mVOR('R IINDRR SR('TION :nOl(,,)(~) 8. The prior paragraphs, one (1) through seven (7), of this Complaint are incorporated herein by reference thereto. 9. Defendant has committed cruel and barbarous treatment, and endangered the life and health of the Plaintiff. 10. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(a)(3) of the Divorce Code. ('OIJNT II - RRQITFST FOR RQITIT A HI ,R mSTRIRIJTION liThe prior paragraphs, one (I) through ten (10), of this Complaint are incorporated herein by reference thereto. 12 Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, plaintiff respectfully requests the Court to enter an order of equitable distribution of marital prop'erty pursuant to Section 3502(a) of the Divorce Code. ('OIJNT III - RF,QITF.ST FOR ('ONTINITFD M A INTRN A N(,R AND HRNKFJ(,I A RV DRSICwN A TIONS OF F.XISTINCw POI ,I(,IRS INSITRINCw I.IFF AND HRA I ,TH OF DRFFNDA NT IJNDRR SR('TION l"i02(Jl) OF THR mVOR(,F. ('ODR 13. The prior paragraphs, one (I) through thirteen (13), of this Complaint are incorporated herein by reference thereto. 14. During the course of the marriage, defendant has maintained certain life and health insurance policies for the benefit of the plaintiff. 15. Pursuant to Section 3502(d), plaintiff requests defendant be directed to continue maintenance of said policies for the benefit of plaintiff. WHEREFORE, plaintiff respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing defendant to continue to maintain certain life and health insurance policies for the benefit of plaintiff. COTTNT IV - RFQHFST FOR SPOTTS A T. STTPPORT A Nfl/OR AT .TMONV PFNOFNTF T .TTF A NO AT .TMONV TTNTlFR SF.CTTONS '701 (A) A Nfl 1702 OF TRF. OIVORCF COOF. 16. The prior paragraphs, one (I) through fifteen (15), of this Complaint are incorporated herem by reference thereto. 17. Plaintiff is unable to sustain herself during the course of litigation. 18. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate, adequate, employment. 19. Plaintiff requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Div~ce Code. WHEREFORE, plaintiff respectfully requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 ofthe Divorce Code. COT TNT V - RFQTTFST FOR COTTNSF.T. FF.F.S, COSTS A Nfl FXPF.NSFS TTNflFR SFCTTONS 1104~A)(1), 'n21Ql), 1702, ANfl41'il(A) OF TRF OIVORCF COOF 20. The prior paragraphs, one (1) through nineteen (19), of this Complaint are incorporated herein by reference thereto. 21. Plaintiff has employed Joseph D. Caraciolo, Esquire, of the Law Offices of Patrick Lauer, Jr., L.L.C. to represent her in this matrimonial cause. 22. Plaintiff is unable to pay her counsel fees, costs and expenses and defendant is more than able to pay them. 23. Defendant is employed and has the ability to pay Plaintiffs counsel fees, costs and expenses. 24. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, plaintiff requests that, after final hearing, the Court order defendant to pay plaintiffs reasonable counsel fees, costs and expenses. WHEREFORE, plaintiff respectfully requests that, pursuant to Sections 3104(a)(I), 3323(b), 3702, and 4351(a) of the Divorce Code, the Court enter an order directing defendant to pay plaintiffs reasonable counsel fees, costs, and expenses. Respectfully submitted, Date: I J-/2~ /"-' :; / I ~ /~ , /1 ;/ CV~L Jd~ / Josep D. CaraclOlo, EsqUlre fl08 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717) 763-1800 SHIRLEY A. TROMBETIA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. ROBERT J. TROMBETIA, Defendant : CIVIL ACTION - LAW : IN DIVORCE VF.RTFTC'ATTON I, Shirley A. Trombetta, verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unswom falsification to authorities. .Date:~ Signature:Jj(I'~ 11.lJnild:ttV S . ey A. Trombetta ...., = = ..... 1 1 . In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SHIRLEY A. TROMBETTA ) Docket Number 01017 S 2003 Plaintiff ) vs. ) PACSES Case Number 301105947 ROBERT J. TROMBETTA ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A CONFERENCE You, SHIRLEY ANN TROMBETTA plaintiff/defendant of 78 OLD STONEHOUSE RD S, CARLISLE, PA. 17013-9798-78 are ordered to appear at CUMBERLAND CO DRS ~ :;~ .= 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 ::,::"':": - ~.'~ ..<';'" 18TH DAY OF FEBRUARY, 2004 ~-i'~ -r::: --~C}C '-~ ::~;:;; .:,:-;::; at 9: OOAM for a conference, after whiclfthe <-;9 N J:> before a conference officer of the Domestic Relations Section, on the }> conference officer may recommend that an order be entered. This date replac~~othe prl'or conference date of DECEMBER 31, 2003 You are further required to bring to the conference: I. a true copy of your most recent Federal Income Tax Return, 'mcluding W -2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910. II (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: ~ .1M ~ 0 \' ~&w" ;~ _ wo~r.ID_~______ ~~lfYl Service Type M TROMBETTA V. TROMBETTA PACSES Case Number: 301105947 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: J. "~~~~fi . JUDGE Date of Order: ./AN 2 '7 20M YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATI'END THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP: CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference. j((!: 9,s,/" L ~ ~rtJ/ [; )"" ~ Service Type M Fonn CM-513 Worker ID 21205 (") C~ ;.,.~ cY~;-':r': - ~: I 1--; ~-': ...;::~ 1_) )> /'~(',") :f..c2 \+- -7 ~ ...., = C--" ~ o -Tj :Ii nl='J ,--- -elf" C'.' 0 (S i ::1:J4~ {-}jJ >0 (jn'l ~'-l )>' ""J =< ...., r" OJ I <C -0 :::J:: S' OJ SHIRLEY A. TROMBETTA, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE ROBERT J. TROMBETTA, DefendantlRespondent NO. 2003-6596 CIVIL TERM IN DIVORCE pacses# 675106162 ORDER OF COURT AND NOW, this 12''' day of February, 2004, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before RJ. Shaddav on Februarv 18. 2004 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, P A 17013, after which the conference officer may recommend that an Orderfor Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.111!;) (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 2-12-04 to: Petitioner < Respondent Samuel Andes, Esquire Joseph Caraciolo, Esquire 1} R~~!::.:;:;U Date of Order: February 12. 2004 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASS~OCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 . ,~, .\ ViNt~lO./.S{\JGr:jd I "!n~~ ".. ...."n" I\.il' I j:,.),,) ',.r;-:~,;, d?~f IV 98 :Z Hd 9 I 83.1 ~DDZ AtJl'l10NOH.LO:3d 3H..L :10 ;:J!.:J:iO-o:n::f ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT FEB 1 9 200\ State Commonwealth of Pennsvlvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 02/18/04 Tribunal/Case Number (See Addendum for case summary) @Original Order/Notice o Amended Order/Notice o Terminate Order/Notice EmployerNv'ithholder's Federal EIN Number RE: TROMBETTA, ROBERT J. Employee/Obligor's Name (last, First, MI) 150-40-6785 Employee/Obligor's Social Security Number 9328000644 Employee/Obligor's Case Identifier (See Addendum for plaintiH names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) CARLISLE HOSPITAL PO BOX 310 246 PARKER ST CARLISLE PA 17013-3618 Atl olota-/,!;9C. t'lVI(. 8ItSf-s ~7~/O{,/~~ See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 422.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes <Xl no $ 0.00 per month in medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 422.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 97.38 per weekly pay period. $ 194.77 per biweekly pay period (every two weeks). $ 211.00 per semimonthly pay period (twice a month). $ 422.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EH/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O, Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Service Type M OMB No.: 0970.01 JVtJ,~ Form EN-028 Worker ID $IATT DateofOrder:~ ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS D I/.I;hecked you are required. to provisle a ~opy of this form to your. employee. If your employeefworkbs in.a state hthat iSd ditterent from the state that Issued this order, a copy must be provided to your employee even I the ox IS not c ecke . 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 4.* R~poltil,g tile rayd.!l~ate of\Vitl.l.old:llg. YOtlllltlst Icporttl,e paydareldatt: of nithllold;lIg nl.!.l. !lending tll~ pAylll~Jlt. Tile pa,datddale vi ..al,I,,,ldilog is the date 0" ..I,i<l, .,nount ..., ..al,I,~ld no'" the e,,,plo,~e's ..ages. You must comply with the law of the state ofthe employee'slobligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. S." Employee/Obligor with Multiple Support Holdings: if there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee'slobligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2321411050 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: TROMBETTA, ROBERT J. 9328000644 DATE OF SEPARATION: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: if you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed govems. 10." Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.c. 91673 (b)1; or 2) the amounts allowed by the State of the employee'slobligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxesi and Medicare taxes. 11. Additional Info: "NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (71 71 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker ID $IATT Service Type M OMB No.: 097().()154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: TROMBETTA, ROBERT J. PACSES Case Number 675106162 Plaintiff Name SHIRLEY A. TROMBETTA Docket Attachment Amount 03-6596 CIVIL$ 422.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Piaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available empioyee's/obligor's employment. Service Type M OMB No.: 0970-0154 Addendum Form EN-028 Worker 10 $IATT ,:.:.' i..~ \..... () ....., 0 <=> C I;;;;.? " -~ .&" "'-"" -., .... -::.' I"f; rr1 ::r: " , fT1 r= - OJ -a In ~ N t36 (.-~ w r'.~ --~ -- -T. ~~ -0 (~?15 <'-,.i 1 -- ~~E~ ^-- nl ~ C) Z ~ --I .r:- -< '.'. SHIRLEY A. TROMBETTA, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. CIVIL ACTION - DIVORCE ROBERT J. TROMBETTA, Defendant/Respondent NO. 2003-6596 CIVIL TERM IN DIVORCE Pacses# 675106162 ORDER OF COURT AND NOW, this 18th day of February, 2004, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,644.84 and Respondent's monthly net income/earning capacity is $3,075.76, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $422.00 per month payable bi-weekly as follows; $194.77 for alimony pendente lite and $0.00 on arrears. First payment due on or before March 5, 2004. Arrears set at $0.00 as of February 18, 2004. The effective date of the order is February 5, 2004. Husband is to obtain and maintain medical insurance on his spouse. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.g 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the P A SCDU to: Shirley A. Trombetta. Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PAl 7106-9110 Payments must include the defendant's P ACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses that exceed $250.00 annually are to be paid 0% by the respondent and 100% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Respondent to provide medical insurance coverage. Within thirty (30) days after the entry ofthis order, the Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of: I) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Shadday Mailed copies on ~j'l{YI to: < Petitioner Respondent Samuel Andes, Esquire Joseph Caraciolo, Esquire BY THE COURT, J. J. (') c~ .-;'? "',"" -'Q.~~': ,-'I, g, '? ...., r" i:1J \'-' ~ ".---- 7'1- (I' ~_t:, ~;:;j~.~;:. y"C -z. :1. , (') p,1 .-\ "C.-" {1'\r:-~ --0 r11 _qC1 bb. ~:'A \?~_~7) ":::,!\ T ~.~ -0 -' ~~~ .s o o II 'I SHIRLEY A. TROMBETTA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 2003-6596 CIVIL TERM IN DIVORCE ROBERT J. TROMBETTA, Defendant PACSES # 675106162 PETITION TO MODIFY OR TERMINATE ORDER FOR Jl,L1MONY PENDENTE LITE AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and petitions the court to terminate or modify the alimony pendente lite order entered in this matter based upon the following: 1. The Petitioner herein is the Defendant Robert J. Trombetta. 2. The Respondent herein is the Plaintiff Shirley A. Trombetta. 3. This court, by an order dated 18 February 2004, a copy of which is attached hereto, entered an order for alimony pendente lite. 4. Since the entry of that order, the financial circumstances of the parties has changed considerably and those changes justify a termination or significant reduction in the amount of alimony pendente lite is obligated to pay. Those changes and circumstances include: A. Plaintiff's income has increased. B. Defendant's income has decreased because his employment was terminated as a result of his employer's eliminating a department. C. Defendant no longer has available to him health insurance as a result of his employment. 5. Based upon the present circumstances, the incomes of the parties do not justify an award of alimony pendente lite in this case. II WHEREFORE, Defendant prays this court to terminate the alimony pendente lite order and to direct the Plaintiff to cover Defendant on the health insurance she has available through her employment. ~)~~ ~ Andes Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 II I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: Ib7!o1) ! I ,/ , ~...~ '-7' . I /~ *<--kk ROB RT J. T BETTA r- ~;r "'~ t ~ "'- ~. G ~j ~ (-''; ,...., ( >.,". :.:i: (,,) j",') ;:~ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Defendant Name: ROBERT J. TROMBETTA Member ID Number: 9328000644 Please note: All correspondence must include the Member ill Number. ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS Financial Break Down of Multiole Cases on Attachment Plaintiff Name SHIRLEY A. TROMBETTA P ACSES Case Number 675106162 Docket Number 03-6596 CIVIL Attachment Amount/Freauency $ ~ $ $ ~ $ 422.00 jMONTH ~ / / % / / / TOTAL ATTACHMENT AMOU'IT: $ 422.00 Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to att.ach the lesser of $ 97.38 per week, or 50 %. of the Unemployment Compensation benefits otherwise payable to the Defendant, ROBERT J. TROMBETTA Social Security Number 150-40-6785 , Member ID Number 9328000644 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support andlor support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support andlor support arrearages, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. ~ 1673 (b)(2) and 23 Pa. C.S.A. ~ 4348 (g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated JANUARY 23, 2005 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: FEB - 1 zaas, JUDGE Service Type M Form EN-530 Worker ID $IATT n ...-~, '"" -;':':., f') c;J SHIRLEY A. TROMBETTA, Plaintiff/PetitionerlRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE ROBERT J. TROMBETTA, Defendant/Respondent/Petitioner NO. 2003-6596 CIVIL TERM IN DIVORCE PACSES # 675106162 ORDER OF COURT AND NOW, this 17'h day of February, 2005, a petition has been filed against you, Shirley A. Trombetta, to terminate an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on March 31. 2005 at 9:00 A.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return. including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed 2-17-05 to:< BY THE COURT, George E. Hoffer, President Judge Petitioner Respondent Joseph Caraciolo, Esquire Samuel Andes, Esquire Date of Order: February 17. 2005 YOU HAVE THE RIGHT TO A LAWYER, WHO MA Y ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY A VI'. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 15 'U. ..... s; - .....) ...,.,. ::> ~ .. 4' U) !^~ f! !::~ '! SHIRLEY A. TROMBETTA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03-6596 Civil Term ROBERT J. TROMBETTA, Defendant CIVIL ACTION - LAW IN DIVORCE REOUEST FOR PARTIAL EOUITABLE DISTRIBUTION IN ACCORDANCE WITH 23 PA C.S.A. ~3502(fl 1. Plaintiff is Shirley A. Trombetta, an adult individual, who filed the above captioned Divorce Complaint on December 26, 2003. 2. Plaintiff and Defendant were co-owners of property located at 78 Old Stonehouse Road, Carlisle, PA 17013. 3. Plaintiff and Defendant acquired marital debt related to the above captioned property. 4. Among the debts plaintiff and defendant have acquired is a debt to Rainsoft. 5. Plaintiff has been making the minimum monthly payments to Rainsoft in the amount of $64.00. 6. Currently, there is a balance remaining in the amount of $2,804.30. 7. The above balance is being charged interest at a rate of 17.99% per year. 8. Plaintiff and Defendant sold their marital residence and currently have $23,606.91 in an escrow account as proceeds from that sale. 9. The above escrow account is being credited interest at a rate of .15% per year. 10. Plaintiff alleges that it is economic waste to hold the oney in the escrow account at a low interest rate, rather than ay off the marital debt with the higher interest rate. 11. Plaintiff acknowledges that this court has the power to order a partial equitable distribution according to 23 Pa.C.S.A. 53502 (f) 12. The Defendant would not be prej udiced by this disbursement of marital funds, but would, on the contrary, benefit from an overall lower marital debt. WHEREFORE the Plaintiff respectfully requests this Honorable Court to order the repayment of the Rainsoft marital debt in accordance with section 3502 (f) of the divorce code, with the funds being held in escrow from the sale of the marital residence. Respee~fu~ly submity~d, Date:Os)/c/hr { ( /'0/' , .It I J~seph D. Caraciolo, Esquire ~.108 Market Street, Aztec Building ~amp Hill, Pennsylvania 17011-4706 "10# 90919 Tel. (717) 763-1800 // .. I I"" i . 'Lj' .-<---- \"./ \./ . . SHIRLEY A. TROMBETTA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03-6596 Civil Term ROBERT J. TROMBETTA, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Joseph D. Caraciolo, Esquire, hereby certify that on the below-noted date, served a true and correct copy of the foregoing REQUEST FOR PARTIAL EQUITABLE DISTRIBUTION IN ACCORDANCE WITH 23 PA C.S.A. ~3502(f) upon the following named counsel by depositing same, postage prepaid, in the United States Mail, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 / Date: o 3>//ohs I I ../ // / / it/G; (~c/t- J?l~h D. Caraciolo, Esquire 2t~B Market Street, Aztec Building Camp Hill, pennsylvania 17011-4706 ID# 90919 Tel. (717) 763-1800 ,-" ~------,-~--------- In the Court of Common Pleas of CUMBERLAND County Pennsylvania DOMESTIC RELATIONS SECTION SHIRLEY A. TROMBETTA ) Docket Number 03-6596 CIVIL Plaintiff ) vs. ) PACSES Case Number 675106162 ROBERT J. TROMBETTA ) Defendant ) Other State ID Numbe ORDER 31ST DAY OF MARCH, 2005 IS HEREBY AND NOW, to wit, on this ORDERED that the support order in this case be 0 Vacated or (i9Sus o Terminated without prejudice or 0 Terminated and Vacated, effective FEBRUARY 1, 2005 ,due to: THE DEFENDANT BEING UNEMPLOYED THROUGH NO FAULT OF HIS OWN RECEIVING UNEMPLOYMENT BENEFITS. THE APL CASE IS SUSPENDED WITH A CREDIT OF $960.70. DRO, RJ Shadday xc: plaintiff defendant Joseph Caraciolo, ESqWre Samuel Andes, Esquire BY THE COURT: U{ JUDGE Service Type M {.-i-()~_ Fonn OE-504 Worker ID 21005 ---------- - (') c::. ~ ~ ::0 \ <J'I q. ..-l ff,~ -rJto "0<::;:' ~::.:J t"") .-;..,. ":1= -'.:\ -~=4('") ~"",-cn ~ ~ ':f; :2:. -:J :;l\: r:-? r:- v:> In the Court of Common Pleas of CUMBERLAND County, ennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax (717) 240-6248 Defendant Name: ROBERT J. TROMBETTA Member ID Number: 9328000644 Please note: All correspondence must include the Member [D Number ORDER TO VACATE ATTACHMENT OF UNEMPLOYME BENEFITS Financial Break Down of Multinle Cases on Attachment Plaintiff Name SHIRLEY A, TROMBETTA P ACSES Case Number 675106162 Docket Number 03-6596 CIVIL Attac ment Amount/Fre uenc s ~ s s ~ s 422.00 jMONTH ; / / / ; / / rOTALATIACHMENTAMOUNT: S o.on The prior Order of this Court directing the Department of Labor and In ustry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), to tach $ 0.00 or 50 % per week of the Unemployment Compensation benefits of , Social Security N mber 150-40-6785 , ROBERT J. TROMBETTA Member ID Number 9328000644 is hereby vacated. This Order to Vacate shall be effective upon receipt of the notice of th Order by the Department and shall remain in effect until a further Order of the Cou is filed. BY THE COURT Date of Order: til-\f\ - 1 2005 JUDGE Service Type M Fonn EN-035 Worker ID $IATT (') ....., 0 <= c: <= 1"1 .:,.... '" :2 ""1"_"l i.';~; :>>> rn:-: -0 ~-n3J ~::: ~~' ::0 r -om "',- I :D1 (f);":" CJ'I C~?t --} f'''':~ ~(r -0 ~r: :'F: ~ Sa-C) 5~!: ~ ('SITl ~ -, .t~ ~ .:::- :D -< '" .< ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co.fCity/Dist. of CUMBERLAND Date of Order/Notice 03/31/05 Case Number (See Addendum for case summary) o Original Order/Notice o Amended Order/Notice @ Terminate Order/Notice CARLISLE HOSPITAL PO BOX 310 246 PARKER ST CARLISLE PA 17013-3618 .Ji::f .;(OP'3 - t, ':,"'9~ ~J (/IL P4~S. (,7,/{;~/&;). RE: TROMBETTA, ROBERT J. Employe/Obligor"; Name (Last, First, Ml) 150- 0-6785 Emplo elObligor's Social Security Number 9328 00644 Emplo ee/Oblfgor's Case Identifier (See A 'dendum for plaintiff names associ ted with cases on attachment) Custodial Parent's Name (Last, First, Mil EmployeriWithholder's Federal EIN Number See Addendum for dependent names and birth dates associated with case on attachment. ORDER INFORMA nON: This is an Order/Notice to Withhold Income for Support base upon an order tor support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee'slobligor's income until further notice even if the Order/Notice is not issued by your State. $ 0 . 00 per month in current support $ 0 .00 per month in past-due support Arrears 12 weeks or reater? 0 yes @ no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If our pay cycle does not match the ordered support payment cycle, use the following to determine how much to withh Id: $ 0.00 per weekly pay period. $ 0.00 per biweekly pay period (every two weeks). $ 0.00 per semimonthly pay period (twice a month). $ 0 . 00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) worki g days after the date of this Order/Notice. Send payment within seven (7) working days of the paydateJdate of wit holding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work st te of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 5S% of th employee's! obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholdin ,the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement nit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 1 106-9112 IN ADDtTlON, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE i4CSES MEMBER 10 (shown above as the Employee/Obligor's Case Identifier) OR, SOCIAL SECURITY NUMBER I ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAtI. <('5 -P'>:_ Form EN-028 Worker 10 $IATT Date of Order: APR - 1 2005" Service Type M OMB No.: 091(}.()15 I . - -lHOLDERS ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WIT o If.~hecke~ you are required. to ~vige ':.f.opy of this form to vow ~mJ':lovee. If yo~r em loyee works in a state tha~is dl erent rom the state that ISSU this 0 er, a copy r'1'Jst t .rO'/I(;e t:' your emp oyee even if the box is not chec ed. 1. Priority: Withholding under this OrderINotice has priority over any other legal placess under Sta e law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in . ffeet please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/oblig r's income in a single payment to each agency requesting withholding. You must however, separately identify the portion of the singl payment that Is attributable to each employee/obligor. ~::JCltddd~~buf yval~(,uIJ;115 ;;) tIle Jolt: Oil VVII;~11 d.IIIOUllt vv:: vy;tl.ln;:ld (IUIII tIle e",ployec';) vv:;'C;), I u,~ ~dY'''~''', '''~ You must comply with the law of the state of the employee'slobligor's principai place of employment with respect to the time periods with n which you must implement the withholding order and fOlWard the support payments. 4.' Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to 'v\ thhold Income for Support against this employee/obligor and you are unable to honor all support OrderINotices due to Federal or State Nithholding limits, you must follow the law of the state of employee'slobligor's principal place of employment. You must honor all Orde slNotices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee obligor is no longer working for you. Please provide the information requested and return a copy of this OrderINotice to the Agency identi led below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2321411050 EMPLOYEE'S/OBlIGOR'S NAME: TROMBETTA ROBERT J. EMPLOYEE'S CASE IDENTIFIER: 932BOO0644 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments sue as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the OrderINotice directs, you are liable for both the ac umulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pe nsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is em, loyed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an emp oyee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support v ithholding. Pennsylvania State law govems unless the obligor is employed in another State, in which case the law of the State in which e or she is employed governs. 9.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by t e Federal Consumer Credit Protection Act (15 U.s.c. 91673 (bI1: or 2) the amounts allowed by the State of the employee'sloblig r's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net inc me left after making mandatory deductions such as: State. Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal 0 ers, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: . NOTE: If you or your agent are served with a copy of this order in the state that issued t e order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: If you or your employee/ob ~~r have any questions, DOMESTIC RELATIONS SECTION contact WAGE A ACHMENT UNIT 13 N. HANOVER ST by telephone at (71 7\ 240- >225 or P.O. BOX 320 by FAX at 17' 7\ ~~.~.- or CARLISLE PA 17013 by internet www.childsum ort.state.oa.us Page 2 of 2 Form EN-028 Service Type M OM8 No.: 0970.01 S4 Worker ID $IATT _u I '" -~~-~----~ o <:; "'.." ~ ~ ~ ,;:0 \ U' ""{",,--:,' 'l~f'L ~.::;. (n~ ;:~rt ~~(~-:~; ..p'c.:: €? ~ ~ l';-? <J' o q, -' 5-"1'\ '''hi :<eq ~!,),() .-;.-'1' '_"\'-"'""\\ ()r~) '%rn :.3 ':}-; -.-<':. -_._----~. SHIRLEY A. TROMBETTA, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE ROBERT J. TROMBETTA, Defendant/Petitioner NO. 2003-6596 CIVIL TERM IN DIVORCE PACSES # 598107488 ORDER OF COURT AND NOW, this 3" day of August, 2005, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees. it is hereby directed that the parties and their respective counsel appear before RJ. Shaddav on SeIJ/ember 2.2005 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, P A 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (I) atrue copy of your most recent Federal Income Tax Return. including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order. completed as required by Rule 1910.11<1) (4) verification of child care expenses (5) proof of medical coverage which you may have. or may have available to you 8 g ~ en IF you fail to appear for the conference or bring the required documents. the Court H~ /i#ue ~ warrant for your arrest. Z e>' C") (fJ..;.,,' , ;:; ;':' CJt ,-c BY THE COURT, !s;;g George E. Hoffer, President JU".l;!' ""'_ ~ , W CX> Mail copies on 8-3-05 to: Petitioner Respondent Samuel Andes, Esquire Joseph Caraciolo, Esquire ~,t,i2~~ffi% ,~ < Date of Order: August 3. 2005 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE. PENNSYLVANIA \701.3 (7\7) 249-3\66 CC361 ~ !~ g~ Q:-rI ZO Om :g -< SHIRLEY A. TROMBETTA, PlaintiffJRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE ROBERT J. TROMBETTA, Defendant/Petitioner NO. 2003 - 6596 CIVIL TERM IN DIVORCE PACSES # 598107488 ORDER OF COURT AND NOW, this 6th day of September, 2005, upon consideration of the Petition for Alimony Pendente Lite andlor counsel fees, it is hereby directed that the parties and their respective counsel appear before R.I. Shaddavon October 12. 2005 at 10:30A.M. for a conference, at 13 N. Hanover St., Carlisle, P A 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.1I@ (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge SEP ttfi~o2hU50t:: Petitioner Respondent Diane Sommers Baker, Esquire Samuel Andes, Esquire Date of Order: SePtember 6. 2005 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 ,...., 2S <.n (/) 1"' ~'l -,.] , Q'o o -n --I "T' ffip -nIT: -'IY ?j>~,;> :~~~ .j ._~,. :'0 -< -0 -",,- W. .re- 0' SffiRLEY A. TROMBETTA, PlaintiffJRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. CIVIL ACTION - DIVORCE ROBERT J. TROMBETTA, Defendant/Petitioner NO. 03-6596 CIVIL TERM IN DIVORCE PACSES# 598107488 ORDER OF COURT AND NOW, this 12th day of October, 2005, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $0.00 and Respondent's monthly net income/earning capacity is $283 1.12, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $ I 050.00 per month payable monthly as follows; $1050.00 for alimony pendente lite and $0.00 on arrears. First payment due upon the pending adjudication of Alimony Pendente Lite issue(s). Arrears set at $4200.00 as of October 12, 2005. The effective date of the order is July 6,2005. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all ofthe means as provided by 23 Pa.C.S.{l 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the P A SCDU to: Robert J. Trombetta. Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU and mailed to: P A SCDU P.O. Box 69110 Harrisburg, PAl 7106-911 0 Payments must include the Respondent's P ACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 Collection on the Alimony Pendente Lite order is held in abeyance until the APL issues are adjudicated before the Support Master. Defendant is to obtain and maintain medical insurance through her employer if it is available for the defendant. Should it not be available through her employment, she is to provide verification to DRO within five (5) days that she can not add plaintiff to her coverage. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Petitioner's Attorney Respondent Respondent's Attorney BY THE COURT, J. Judge DRO: R. 1. Shadday O~ Petitioner Respondent Samuel Andes, Esq. Richard S. Friedman, Esq. ~, e-'," t.._':) \:.,."\ c) ,"> C) -n ::::1 o ("-0 FRIEDMAN and KING, P.C. Richard S. Friedman, Esquire 10 #07176 600 North 2nd Street Penthouse Suite Harrisburg, PA 17101 (717)236-8000 Attomey for Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 03-6596 Civil Term SHIRLEY A. TROMBETTA, Plaintiff, ROBERT J. TROMBETTA, Defendant. : CIVIL ACTION - DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter my appearance on behalf of the Plaintiff, Shirley A. Trombetta, in the above- captioned matter. , Dated: October ~, 2005 Respectfully submitted, KING, P.C. Ri ard S. Friedman, Esquire 00 N. Second Street Penthouse Suite P.O. Box 984 Harrisburg, PA 17108 (717) 236-8000 Kindly withdraw my appearance on behalf of the Plaintiff, Shirley A. Trombetta, in the above-captioned matter. Dated: October ~, 2005 ub;;?d, ," / Dian aker, Esquire 27. S. Arlene Street Harrisburg, P A 17112 (717) 671-9600 Re: Trombetta v. Trombetta 03-6596 CERTIFICATE OF SERVICE /odobe.r I?:>I 2.DOS I hereby certify that I am this day serving the foregoing praecipe for entry of appearance upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service bv First Class Mail addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street PO Box 168 Lemoyne, P A 17043 Se~c;:;:~~ (2 ....> c.~~ ~ <2 ,-' ". ~,.,... - , - ~~.i () ~n .--\ cc~. 'p:\ - r" SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. Q. BOX 166 LEMOYNE,PENNSYLVANlA17043 TELEPHONE (717) 76J-l!>361 17 October 2005 FAX (717) 761-143~ SENT BY FAX & REGULAR MAIL Ms. Rikki J. Shadday Domestic Relations Office P.O. Box 320 Carlisle, PA 17013 RE: Shirley A. Trombetta vs. Robert J. Trombetta No. 03-6596 Civil Term PACSES # 598107488 Dear Rikki: I could not determine, from the order entered on 12 October 2005, whether this case was being automatically referred to the Support Master for an adjudication as to whether Mr. Trombetta is entitled to receive alimony pendente lite. In case it is not being automatically being referred to him, please consider this letter notice of Mr. Trombetta's appeal from that order and a request for a hearing de novo before the Support Master. Because of my client's health problem, this is a rather urgent matter and any consideration you or the Support Master's office can give to having something scheduled as soon as possible will be very helpful. Sincerely, <-3~ndeS amh cc: Richard S. Friedman, Esquire Mr. Robert J. Trombetta c)L~ \1 q. ~e~l "C\O~ '1\t~C;c. *V' (J.S IJtS\ ('\t \e; yS l't&t 'f\ ~ ~-tI(V\e. J,L 9 ~O-)' "VV\ ~ t'l>~~(..\, C) (~; (~. 1:..:\ -- CO --:) :...,'. t;'0 -- c:n .----- ~. ",' ... In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ROBERT J. TROMBETTA ) Docket Number 2003-6596 CV Plaintiff ) vs. ) PACSES Case Number 598107488 SHIRLEY A. TROMBETTA ) Defendant ) Other State ID Number ORDER OF COURT You, plaintiff/defendant of SHIRLEY ANN TROMBETTA 137C N 21ST ST, CAMP HILL, PA. 17011-3857-75 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the OCTOBER 26, 2005 at 9: OOAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-S09 Worker ID 213 02 ~ ... ,. . TROMBETTA V. TROMBETTA PACSES Case Number: 598107488 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: (I) ( t. l~t /CA.j- YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Worker ID 21302 Service Type M r"-'.,) ._~ , .1 \-.- ." " c Cot) -...J ..< In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ROBERT J. TROMBETTA ) Docket Number 2003-6596 CV Plaintiff ) vs. ) PACSES Case Number 598107488 SHIRLEY A. TROMBETTA ) Defendant ) Other State ID Number ORDER OF COURT You, ROBERT J. TROMBETTA plaintiff/defendant of PO BOX 503, MOUNTVILLE, PA. 17554-0503-03 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the OCTOBER 26, 2005 at 9 : OOAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W -2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-509 Worker ID 21302 TROMBETTA V. TROMBETTA PACSES Case Number: 598107488 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: 01--1-. /Z, >~ JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Worker ID 21302 Service Type M '~._.._-----~~~~, !'""~.) "-~, :--\ ._-\ r., "', r:-~~", (~) (,'~ :; -.' --4: SHIRLEY A. TROMBETTA, Plaintiff vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTI', PENNSYL VANIA CIVIL ACTION - LAW NO. 2003-6596 ROBERT J. TROMBETTA, Defendant IN DIVORCE DEFENDANT'S PETITION FOR SPECIAL RELIEF AND NOW comes the above-named Defendant, by his attorney, Samuel 1. Andes, and moves the court for special relief in the above matter, based upon the following: 1. The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff who is currently represented by Richard Friedman, Esquire, of Harrisburg, Pennsylvania. 2. The parties are husband and wife having been married in 1995. 3. After the parties' separation, Defendant paid alimony pendente lite to the Plaintiff in accordance with an order entered by this court following the Plaintiff's petition for APL. That order was terminated, however, in the spring of 2005 when Defendant lost his employment and had no income. 4. In July of 2005, Defendant filed a request for alimony pendente lite in which he sought a cash payment of APL from the Plaintiff and coverage under the health insurance available to her, and to him, through her employer. 5. A conference was held at the Domestic Relations Office on Defendant's request for alimony pendente lite on 12 October 2005. At that conference, Plaintiff contended that the parties had reached an agreement which resolved all of the economic issues in their case and that agreement represented a waiver by Defendant of his right to collect alimony pendente lite. 6. Because the Domestic Relations hearing officer was not able to make a factual or legal , determination as to whether there was a valid agreement between the parties, she prepared, I and the court entered, the enclosed order awarding Defendant alimony pendente lite and i health insurance coverage but held "in abeyance" the "collection on the alimony pendente lite II order." A copy of the order and the summary of the trier of fact is attached hereto and marked as EXHIBIT A. 7. Defendant is currently disabled by a severe vascular medical condition which prevents him from any strenuous or regular activity and which prevents him from holding any employment whatsoever. He has undergone one surgery procedural for treatment of the vascular condition and is scheduled for another surgical procedure in November of 2005. Until those procedures have been completed, and if they are successful, and until he has recovered from the surgical procedures, Defendant will be unable to hold any gainful employment or pursue any regular activities. 8. Defendant is currently without any income or any means of financial support as a result of his disability and his unemployment and is currently without any health insurance coverage whatsoever. 9. The Support Master had scheduled a hearing in this matter to determine the issues raised at the Domestic Relations conference. That hearing, however, had to be postponed because of Defendant's surgical procedure in late October. The first date the matter is available to be heard before the Support Master is now 5 December 2005. 10. This matter should be heard by the court, and not by the Support Master, because it involves the determination of whether or not there is a valid or enforceable agreement between the parties. Consistent with the continuing policy of this court, those issues are to be determined by the court itself not by the Support Master or, for that matter, the Divorce Master. 11. The attorneys for the parties are currently holding, in an escrow account, a sum in excess of $24,000.00, which represents marital funds available to be distributed by the parties at the conclusion of the divorce or at such time as they reach agreement for the division of their assets. In the event that Plaintiff pays alimony pendente lite and provides health insurance to Defendant and this court subsequently determines that she is not obligated to make those payments or provide that insurance at her expense, there are more than adequate funds from which she can be reimbursed any overpayment the court determines to have been made. 12. Without the alimony pendente lite payment and the health insurance coverage, Defendant will not be able to meet his basic living needs and pay for his ongoing medical care. He has no other source of income or funds and is entirely dependent upon these matters to maintain himself during the pendency of this litigation and to pay for his health care until he can return to work. WHEREFORE, Defendant prays this court to take the following actions: A. Direct Plaintiff to make payment of the alimony pendente lite in the amount of $1,050.00 per month pending further order of this court; and B. Direct the Plaintiff to obtain and maintain for Defendant the health insurance coverage available to him through her employment; and C. Conduct a hearing to determine the validity or invalidity of the alleged property settlement agreement between the parties; and D. Take such other action as the court deems appropriate or equitable. ~J~~~ Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12'h Street Lemoyne, Pa 17043 (717) 761-5361 Ii II I II I I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa, C.S, 4904 (unsworn falsification to authorities). Date: 7'1 Od<obv- 25J.t; .~ II \1 EXHIBIT A SHIRLEY A. TROMBETTA, Plaintiffi'Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. CIVIL ACTION - DIVORCE ROBERT J. TROMBETTA, DefendantJPetitioner NO. 03-6596 CIVIL TERM IN DIVORCE PACSES# 598107488 ORDER OF COURT AND NOW, this 12th day of October, 2005, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $0.00 and Respondent's monthly net income/earning capacity is $2831.l2, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $1050.00 per month payable monthly as follows; $1050.00 for alimony pendente lite and $0.00 on arrears. First payment due upon the pending adjudication of Alimony Pendente Lite issue(s). Arrears set at $4200.00 as of October 12, 2005. The effective date of the order is July 6,2005. Failure to make each payment on time and in fuIl will cause all arrears to become subject to immediate coIlection by all of the means as provided by 23 Pa.C.S.9 3703. Further, if the Court finds, after hearing, that the Respondent has willfuIly failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the P A SCDU to: Robert J. Trombetta. Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 A Collection on the Alimony Pendente Lite order is held in abeyance until the APL issues are adjudicated before the Support Master. Defendant is to obtain and maintain medical insurance through her employer if it is available for the defendant. Should it not be available through her employment, she is to provide verification to DRO within five (5) days that she can not add plaintiff to her coverage. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Petitioner's Attorney Respondent Respondent's Attorney J. Judge DRO: R. J. Shadday O~ Petitioner Respondent Samuel Andes, Esq. Richard S, Friedman, Esq. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION PACSES Case Number: 598107488 Docket Number: 2003-6596 cv Other State ID Number: Please note: All correspondence must include the PACSES Case Number. OCTOBER 12, 2005 SUMMARY OF TRIER OF FACT Plaintiff Information Defendant Information ROBERT J. TROMBETTA SHIRLEY A. TROMBETTA Address: PO BOX S03 MOUNTVILLE PA 17554-0S03 Address: 137C N 21ST ST CAMP HILL PA 17011-3857 Employer: Employer: DAPS INC 2244 SAW MILL RUN BLVD PITTSBURGH PA 15210-4052 Attorney: SAMUEL ANDES Attorney: FRIEDMAN RICHARD S o Complaint for Support o Petition for Modification Filed IXI Other Reason for Conference: HUSBAND FILED FOR APL ON 7/6/05. WIFE IS DISPUTING THE NEED FOR APL AS THE PARTIES HAVE A SIGNED SETTLEMENT AGREEMENT HOWEVER IT WAS NOT DELIVERED BY HUSBAND. Dependent(s) Current Order: $ 0 . 00 / per month NEW ACTION Service Type M Form CM-022 vi Worker 10 21005 TROMBETTA v. TROMBETTA Plaintiff Information Current Income: -0- Tax Return: P-1 Medical Coverage: HAS NONE Child Care/Tuition: Additional Obligations: PACSES Case Number: 598107488 Defendant Infonnation $1730.77/B GROSS SALARY OR $45,000/ ANNUAL $2831.12/M NET _ 204.86/M INSURANCE COSTS FORDEF $2626.26/M NET P-1 HAS MEDICAL INSURANCE COVERAGE FOR HERSELF AND DEF HAD HAD HIS OWN. PLTF LOOKED INTO COVERAGE FOR DEF AND SHE COULD NOT GET FOR PREXIST- ING CONDITION. Other Infonnation: 7/2/95: PARTIES WERE MARRIED 10/27/03: PARTIES SEPARATED 2/18/04: AN APL ORDER WAS ESTABLISHED FOR WIFE UNDER C#675106162 IN THE AMOUNT OF $422.00/M 1/25/05: HUSBAND WAS LAID OFF FROM THE CARLISLE HOSPITAL AS AN ULTRASONIC TECHNICIAN THROUGH NO FAULT OF HIS OWN. 1/31/05: HUSBAND FILED TO TERMINATE THE APL ORDER AS HE WAS UNEMPLOYED AND WAS RECEIVING UC BENEFITS. 3/31/0S: THE APL ORDER WAS SUSPENDED, EFFECTIVE 2/1/05, WITH A CREDIT OF $960.70. HUSBAND STATES THAT HE HAS FILED FOR APL BECAUSE HE IS UNDER MEDICAL CARE FOR HEART AND VASCULAR CONDITION. HE IS TO UNDERGO SURGERY ON 10/20/05 AND ANOTHER MAJOR HEART SURGERY AFTER THAT. HE HAS NO INCOME AVAILABLE TO HIM. Page 2 of 3 WIFE CONTENDS THAT THERE IS A SIGNED SETTLEMENT AGREEMENT, HOWEVER, DEF Service Type M Fonn CM-022 vI Worker ID 21005 TROMBETTA v. TROMBETTA PACSES Case Number: 598107488 Other Information (continued): LEARNED OF HIS MEDICAL CONDITION AFTER SIGNING THE AGREEMENT AND THE AGREE- MENT WAS NOT DELIVERED TO WIFE. WIFE FURTHER CONTENDS THAT THERE IS $25,000.00 IN JoIARITAL ESCROW ACCOUNT THAT WOULD BE AVAILABLE TO HUSBAND. HUSBAND CONTENDS THAT SINCE THE MEDICAL PROBLEMS HAVE OCCURRED THAT THERE IS NOT AN AGREEMENT. WIFE WILL FILE FOR HEARING BEFORE THE DIVORCE MASTER. Facts Agreed Upon: SETTLEMENT AGREEMENT WAS SIGNED BY BOTH PARTIES AND NOT DELIVERED. Facts in Dispute and Contentions with Respect to Facts in Dispute: NEED AND ENTITLEMENT FOR APL. GuidelineAmount: $1,050.50 /MONTH DRS Recommended Amount: $1. 050 .00 I MONTH DRS Recommended Order Effective Date: 07/06/05 Parties to be Covered by Recommended Order Amount: HUSBAND....HOWEVER, COLLECTION ON THE ORDER IS HELD IN ABEYANCE UNTIL THE :APL ISSUES ARE ADJUDICATED. Guideline Deviation: o YES or (Z) NO Reason for Deviation: DRO DOES NOT INCLUDE THE BONUS AMOUNT NOR RECOMMENDS A % OF THE NET BONUSES BE PAID TO WIFE. Submitted by: R. J, SHADDAY Date Prepared: OCTOBER 12, 2005 Page 3 on Form CM-On vi Worker ID 21005 Service Type M SHIRLEY A. TROMBETTA, PlaintifflRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. CIVIL ACTION - DIVORCE ROBERT J. TROMBETTA, DefendantIPetitioner NO. 03-6596 CIVIL TERM IN DIVORCE PACSES# 598107488 NOTICE OF RIGHT TO REOUEST A HEARING The parties are hereby advised that they have until October 23. 2005 to request a hearing do novo before the Court. File request in person Office of the Prothonotary 1 Courthouse Square Carlisle, PA 17013 or mail to: Office of the Prothonotary 1 Courthouse Square Carlisle, P A 17013 CC363 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION I3 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 OCTOBER 12, 2005 SAMUEL ANDES VAUGHN ANDES PO BOX 168 LEMOYNE PA 17043-0168 Distribution Cover Letter Plaintiff Name: ROBERT J. TROMBETTA Defendant Name: SHIRLEY A. TROMBETTA PACSES Case Number: S98107488 Please note: All correspondence must include the PACSES Case Number. Dear SAMUEL ANDES Please note the attached document and/or correspondence. This information is being sent to update you on the above captioned case. Sincerely, R. J. SHADDAY Service Type M Form CM-520 Worker ID 21005 FRIEDMAN and KING, P.e. Richard S. Friedman, Esquire ID #07176 600 North 20d Street Penthouse Suite Harrisburg, PA 17101 (717)236-8000 Attorney for Plaintiff SHIRLEY A. TROMBETTA, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 03-6596 Civil Term v. ROBERT 1. TROMBETTA, Defendant. : CIVIL ACTION - DIVORCE PRAECIPE FOR HEARING DE NOVO Kindly note Plaintiffs appeal in the above-captioned matter and schedule a hearing de novo upon request of either party. Dated: October 17,2005 Respectfully submitted, FRIEDMAN & KING, P.e. ../7 L --,- Richard S, Friedmarl,I~squire 600 N, Second Street Penthouse Suite P.O. Box 984 Harrisburg, P A 171 08 (717) 236-8000 ['0 , ',' :-,"t " -C) -L. L d b SHIRLEY A TROMBETTA, Plaintiff vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO, 2003-6596 ROBERT J. TROMBETTA, Defendant IN DIVORCE ORDER OF COURT AND NOW this ~ day of ~ ,2005, upon the Defendant's Petition for Special Relief and the Stipulation of the parties, by their counsel, we hereby order as follows: 1. The parties shall cause their counsel to pay, from the escrow account now held by their counsel, $1,050.00 per month to Defendant, plus $4,200.00, as alimony pendente lite, The payments shall be made each month until further order of this court. 2. If the court determines that Defendant is not entitled to alimony pendente lite, the payments made pursuant to this order shall be charged against the Defendant's portion of the escrow account when it is eventually distributed either by agreement of the parties or by further order of this court. If this court determines that Plaintiff is obligated to pay alimony pendente lite, the payments pursuant to this order shall be charged against the Plaintiff's portion of the escrow account when it is eventually distributeg"ci~ ~~~arties or by further order of this court. 3. r'raintiff is directed to file a petition raising her claim that the Defendant's claim for alimony pendente lite is barred by a property settlement agreement reached by the parties, Defendant shall file his answer to that petition within thirty (30) days of the date it is served upon him and either party may then request a hearing before this court, at which time the court will determine all issues raised in the petition for alimony pendente lite and the petition to enforce the alleged agreement. BY THE COURT, /' J. .,cchard J. Friedman, Esquire (Attorney for PlaintiffJ 600 North Second Street, Harrisburg, FA ]7101 ) .,/l'amuel L. Andes, Esquire (Attorney for Defendant) 525 North ]2" Street, F,O, Box ]68, Lemoyne, PA ]7043 il , " " \.; GCT-['7-e005(THU) la: ae Samuel Rndes, Esq, SHlRLEY A. TROMBETIA, Plaintiff ) ) ) ) ) ) ) ) ) V5. ROBERT J. TROM13E'ITA, Defendant STIPULATION (FRX)717 751 la35 P ooalooa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV~ ovn. ACTION - LAW NO. 2003-6596 IN DIVORCE AND NOW come the above-named parties, and stipulate and agree as follows: 1. The parti~ jointly request this eourt to conduct the hearings on the Defendant's claim for alimony pendente lite and on the defenses the Plaintiff has raised to that and request that the court sign the attadled order setting a procedure for those issues to be properly presented to the court. 2. Pending resolution of this court, the parties agree that funds now being held in escrow by eounsel for the Plaintiff, whkh both parties ac:knowledgt:! to be marital property, shall be applied to make payments to Defendant on account of alimony pendente lite. in aeeordancll with the attached Order. 3. The parties, by their eounsel. request this court to enter one of thll attached orders so this matter can proceed promptly. IN WITNESS WHEREOf the undersigned counsel. representing to the eourt that they are authorized to do so, enter into this Stipulation on behalf of their clients. FRIEDMAN & KING by: RTCT-IARD$FRlEDMAN Attorney for PJaintill 9 ~- /"" ,/,/ (--------.,-.,.--- ({ ").J "\ '\ ('I } I J/t'.-""" '.-'_J-~--.I' I __.) j In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ROBERT J. TROMBETTA ) Docket Number 2003-6596 CV Plaintiff ) vs, ) PACSES Case Number 598107488 SHIRLEY A. TROMBETTA ) Defendant ) Other State ID Number ORDER OF COURT You, SHIRLEY ANN TROMBETTA plaintiff/defendant of 137C N 21ST ST, CAMP HILL, PA. 17011-38S7-75 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the DECEMBER 7, 2005 at 9: OOAM for a hearing. You are further required to bring to the hearing: I, a true copy of your most recent Federal Income Tax Return, including W -2s, as filed, 2. your pay stubs for the preceding six (6) months. 3. verification of child care expenses. and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6, other: Service Type M Form CM-509 Worker ID 21302 . TROMBETTA v. TROMBETTA PACSES Case Number: 598107488 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: 0/1. 72i ;; d::J <;" , JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY AITEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OmCE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of2 Form CM-509 Worker ID 213 02 (") ~; -v f~~ ""'\~t 'i- '-"'--1 ~~S'" ~,~~ %-'~~-.'~ };i....,,__ ..'/~ ~:::;, -<. -- .....' """ <=> cJ' ~ , ~ - ~:!) -ell; -o,er' ~CJ ~':- ~~ C' (') ?~rn :"'--:.\ <;:;, -<. -n :;>: .:::- CJ N , In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ROBERT J. TROMBETTA ) Docket Number 2003-6596 CV Plaintiff ) vs. ) PACSES Case Number 598107488 SHIRLEY A. TROMBETTA ) Defendant ) Other State ID Number ORDER OF COURT You, ROBERT J. TROMBETTA plaintiff/defendant of PO BOX 503, MOUNTVILLE, PA. 17554-0503-03 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the DECEMBER 7, 200S at 9: OOAM for a hearing. You are further required to bring to the hearing: I. a true copy of your most recent Federal Income Tax Return, including W -2s. as filed, 2, your pay stubs for the preceding six (6) months, 3, verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5, information relating to professional licenses 6, other: Service Type M Form CM-509 Worker ID 21302 .' TROMBETTA Y. TROMBETTA PACSES Case Number: 598107488 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: !?cf ) J; ~= r~ JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY AITEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND co BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Worker ID 21302 -of:.-:' 0) Lj__, ~:,~- \.....-: ;:;Q. ";L, )>c: ',," ~ o ~ ,....., = = <J> :z: c:> ...c: I ~ ~~ :gO L:le:) ;:: '.rl -L-n f';;(~ 3m -I 2~ ~ -0 :;J: c- .' o N FRIEDMAN and KING, P.c. Richard S. Friedman, Esquire lD #07176 600 North 2nd Street Penthouse Suitt Harrisburg, PA 17101 (717)236-8000 Attorney for Plaintiff SHIRLEY A. TROMBETTA, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 03-6596 Civil Term v. ROBERT J. TROMBETTA, Defendant. : CIVIL ACTION - DIVORCE PRAECIPE TO WITHDRAW COUNTS OF COMPLAINT Kindly withdraw Counts I, II, III, IV and V ofthe above-captioned complaint, with prejudice. Dated: December j , 2005 Respectfully submitted, FRIEDMAN & KING, P.C. J Ric ard S, Friedman, Esquire 6 N. Second Street Yenthouse Suite 'P.O. Box 984 Harrisburg, P A 17108 (717) 236-8000 vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHIRLEY A TROMBETTA, Plainti ff CIVIL ACTION - LAW NO. 2003-6596 ROBERT J, TROMBETTA, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 26 December 2003 and was served on Defendant on 30 December 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. I 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention ! to Request Entry of the Decree. I I II II I I WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted, 3, I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary, I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. /;2-/-()Y; Dated: ~~ ~ jBERTJ. O~BETIA " I I I 1\ !I ! \ I , I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA SHIRLEY A, TROMBETTA, Plaintiff ) ) ) ) ) ) ) ) ) IN DIVORCE vs. CIVIL ACTION - LAW NO, 2003-6596 ROBERT J, TROMBETTA, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 26 December 2003 and was served on Defendant on 30 December 2003. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3, I consent to the entry of a final decree in divorce after service of a Notice of Intention I I I I,i, to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. Section 4904 relating to unsworn falsification to authorities. j()//Jos . I Dated: ~~ SHIRLEY , ROMBETIA SHIRLEY A. TROMBETTA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03 - 6596 CIVIL ROBERT J. TROMBETTA, Defendant IN DIVORCE ORDER OF COURT AND NOW, this '1]1'\ j T day of /l.{j (121/1.(l.i/L/ 2005, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated November 28, 2005, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, ~ Geor;: cc: Joseph D. Caraciolo Attorney for Plaintiff Samuel L. Andes Attorney for Defendant !).-J.7-d) O~ ~ 1* i'"j h I :',"1 "'j L;' "no. cj'.F ... ~,\,,-, ~ V ....._l ,.J.,L IJ :!D II SHIRLEY A. TROMBETTA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW ">lb NO. 03-659&.1 CIVIL TERM ROBERT J. TROMBETTA. Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the Complaint: AccePtance of Service dated 30 December 2003. 3. Complete either Paragraph (a) or (b): I ! i I (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by Plaintiff: 1 December 2005 by Defendant: 1 December 2005 (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce (2) Date of filing and service of the Plaintiff's Affidavit upon the Code: Respondent: 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record. a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 1 December 2005. filed contemporaneously herewith. Date Defendant's Waiyer of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: dated 1 December 2005, filed contemporaneously herewith. Date: /3 1\" 2J.J(),'; B~ShEfJLA Attorney for Defendant "'-. " ./ /. ,/ / i / / ~~ ;:;:::' ':::.:> <';,~'-t ,-, r;;~; (-;. r"',) C':) :~-) -or, ::::::1 f'il \..0 (,0 . -- Sh; .i)~ R. lrDM~Td -:4, :Q(>. ~-\-- A- ~. n~ ~ ~cY~6- ~V1~ ~ 2G):'- ~ --:.c 2i'() Jd~_ :J: ~w~h[ e-,lov M'[ 0 pf"';Y 'lAce -9>" 4e c:lJe.,~i ,,--?l- ;;.cLeft CWJ,~L o\- -J4e ~\;,;'.,;J- ~v k:", \ \!0 \k;~ ~l \"~ 3SM ~ ~, b~veJ LHH~,:> - Cl t~., c;) <:.:.:.:.) '-,. c .' n ,~., c:; \.~; ,~ ...; H~ _.,; -"",..,._.~"---- ;+:+:+:ti;+; :f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+:+,:f.:+'f:+:+:+:+:f.:+:f. . :f. :t:+:ti:t, .. . + :ti+:f.+~++~++~:f.'t::ti:ti :ti:ti:f.:ti :++:f.Cf:f.+Cf+ Cf.:+ .. ++:t+++ +++++++++~ . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. SHIRLEY A. TROMBETTA, Plaintiff No. 2003-6596 VERSUS ROBERT J. TROMBETTA, Defendant DECREE IN DIVORCE AND NOW, \)"1" <! "1~c:J 2. 9 SHIRLEY A. TROMBETTA 2005 , IT IS ORDERED AND DECREED THAT , PLAINTIFF, ROBERTJ.TROMBETTA AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN ENTERED; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ++++:+:ti++Cf+:++'f+++++++:+++++:++++++'f++? BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT NONE AT BY THE COURT: +'f~:++ ++~ ++++ + ~+++ ++++++++ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J, ~l1!,W .-")'?I'C'XII --m3Q OJ- J ' r'- cJ(j1c!... OJ- 7'l'~'"" tJQ-v Y'i)'f""u ~' , . ..;.' , _'Jot fl1/1 /------- In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ROBERT J. TROMBETTA ) Docket Number 2003-6596 CV Plaintiff ) VS. ) PACSES Case Number 598107488 SHIRLEY A. TROMBETTA ) Defendant ) Other State ID Number ORDER AND NOW, to wit, on this 19TH DAY OF JANUARY, 2006 IT IS HEREBY ORDERED that the support order in this case be 0 Vacated or OSuspended or (i\) Terminated without prejudice or 0 Terminated and Vacated, effective DECEMBER 29, 2005 ,due to: THE PARTIES' MARITAL SETTLEMENT AGREEMENT. THERE IS NO BALANCE DUE. DRO: R.J. Shadday Service Type M J. JUDGE Form OE-504 Worker ID 21005 c:: 1",.) ,'U) c'