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HomeMy WebLinkAbout09-0709n JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff TAMI L. MISTRETTA, Plaintiff VS. FRANK MISTRETTA, III, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No dC - 7Q ? CIVIL ACTION - AT LAW DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013-3308 (717) 249-3166 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff TAMI L. MISTRETTA, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No O 9- 70 9 r•- FRANK MISTRETTA, III, CIVIL ACTION - AT LAW Defendant DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Tami L. Mistretta, by and through her attorney, Jeanne B. Costopoulos, Esquire, and avers the following in support of this Complaint in Divorce: 1. Plaintiff, Tami L. Mistretta, is an adult individual currently residing at 202 Valley Road, Summerdale, Cumberland County, Pennsylvania, 17093. 2. Defendant, Frank Mistretta, III, is an adult individual currently residing at 137 Summer Lane, Enola, Cumberland County, Pennsylvania, 17025-2150. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 15, 2000, in Hershey, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 1 COUNT I - DIVORCE 6. Plaintiff avers that the grounds on which this divorce action is based are that the marriage is irretrievably broken. 7. 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, except to the extent that both parties participate with the National Guard. Neither party has been deployed as of this time. 8. Plaintiff and Defendant are both citizens of the United States. 9. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. 10. There are three dependent children from this marriage, namely Nikolas Mistretta, born January 4, 1998 (formally adopted by Defendant on August 22, 2003), Madison Mistretta, born May 30, 2001, and Shaelyn Mistretta, born July 29, 2003. 11. This action is not collusive. COUNT II - EQUITABLE DISTRIBUTION 12. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. To the extent that a written Settlement Agreement might be 2 entered into between the parties prior to the time of hearing on this Divorce Complaint, Plaintiff desires that such written Agreement be approved by the Court and incorporated, but not merged, in any Divorce Decree which might be entered dissolving the marriage between the parties. 13. Plaintiff and Defendant are the owners of various items of real and personal property, furniture and household furnishings acquired during their marriage, which are subject to equitable distribution by this court. 14. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, and other assets acquired during their marriage, which are subject to equitable distribution by this court. Date WHEREFORE, Plaintiff, Tami L. Mistretta, requests this Honorable Court: 1) Enter a Decree in Divorce; 2) Equitably distribute all property, both personal and real, owned by the parties; and 3) Grant such further relief as the Court may deem equitable and just. Respectfully Submitted: By: JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 4f o ATTORNEY FOR PLAINTIFF 3 VERIFICATION I, Tami L. Mistretta, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. Date: off" D - ? o O q Tami L. Mistretta V t V Q ? w C`) rte' ? _ NO C.:? C=3 'T! r,7 co O V •I t 7'j ?T_3 J ? 5 JEANNA B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff TAMI L. MISTRETTA, Plaintiff : VS. FRANK MISTRETTA, III, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No 09-709 CIVIL ACTION - AT LAW DIVORCE AFFIDAVIT OF SERVICE I, Jeanne B. Costopoulos, Esquire, verify that the Complaint in Divorce filed February 10, 2009 was served upon the Defendant indicated above February 14, 2009, by first class, Certified Mail No. 7000 1530 0001 6001 9272, postage prepaid, return receipt requested, restricted delivery, pursuant to the requirements of Pa.R.C.P. § 1930.4. I verify that the statements made herein are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. By: JEXN-Nk B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff Date: / 4 V - • Complete items 1, 2, and 3. Also coo, pieRa A. fto" by B. Ode of Desvsry item 4 if Restricted Delivery Is Ell I d. fy?/ C-jai ¦ Print your name and address on the reverse C. Signatu so that we can return the card to you. 0 Agent ¦ Attach this card to the back of the mailpiece, ? Addresses or on the front if space permits. D. Is delivery address different from item 17 ? Yes 1. Article Addressed to: If YES, enter delivery ? No 11 ?{ ?ru.n k Iii SVr?. c N -r, ? p4 ? ? ? ? D 07 3. Serv J;* Type Ci \1 (f v ptertifiedi Mail Cl Mgi(G ? Registered ? Retu for Mero?tandiss O Insured Mail - ? C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number oio I S3o 0()c) Yee `T 2. -7Z (rtnaw A9vrt arm >r?e? Ps Form 3811, march 2001 Domestic Return Receipt 102595-01-M-1424 f`, t ?-:i ?J fr? ' a !""= ? f t Zvi FILEB'G`FiCv ??L? t°i TAE ?'nTHO1 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff TAMI L. MISTRETTA; Plaintiff SCI I FEB 17 ?A l'' It 9 . M 8E LAkr" 1 U, - ',' PEWASYtt fA,"1"% THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. FRANK MISTRETTA, III, Defendant : No 09-709 CIVIL ACTION - AT LAW DIVORCE PLAINTIFF'S PETITION FOR APPOINTMENT OF DIVORCE MASTER AND NOW comes the Plaintiff, Tami L. Mistretta, by and through her attorney, Jeanne B. Costopoulos, Esquire, and moves this Honorable Court to appoint a master with the respect to the following claims: Divorce, Equitable Distribution. In support of this motion, Plaintiff states; 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. The Defendant has appeared in the action represented by John Mangan, Esquire. 3. The statutory grounds for the divorce are 3301(c) and/or 3301(d) of the Divorce Code. 4. The action is contested with respect to the following claims: Equitable Distribution of property. 5. This action does not involve complex issues of law or fact. 6. The hearing is expected to take one half day. Respectfully Submitted: By: JR-AIRt B. COSTOPOULOS, IRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff, Tami L. Mistretta Dated: ? ? ZOI? CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: John Mangan, Esquire 17 W. South Street Carlisle, PA 17013 By: - J B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Dated: Attorney for Plaintiff, Tami L. Mistretta ?l +? r iLED-OFFICE ;a e<j 21C1FFB17 P14 4:,"? JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff TAMI L. MISTRETTA, Plaintiff VS. U? BERLAND Ci:UN"I ' THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No 09-709 CIVIL ACTION - AT LAW DIVORCE FRANK MISTRETTA, III, Defendant PRETRIAL STATEMENT OF TAMI L. MISTRETTA, PLAINTIFF AND NOW comes the Plaintiff, Tami L. Mistretta, by and through her attorney, Jeann6 B. Costopoulos, Esquire, and respectfully submits the following Pretrial Statement: I. A. BACKGROUND INFORMATION PARTIES WIFE Plaintiff NAME Tami L. Mistretta ADDRESS 308 Pitt Street Enola, PA 17025 AGE 39 YEAR OF BIRTH 1971 HEALTH Good EMPLOYER Department of General Services Delaware Air National Guard (since 4/13/1991) OCCUPATION Commodity Specialist HUSBAND Defendant NAME Frank Mistretta, III ADDRESS 137 Summer Lane, Enola, PA 17025 AGE 51 YEAR OF BIRTH 1959 HEALTH Good EMPLOYER PA Air National Guard OCCUPATION Aircraft mechanic B. CHILDREN Nikolas Mistretta Age 13 Madison Mistretta Age 9 Shaelyn Mistretta Age 7 C. MARRIAGE INFORMATION DATE OF MARRIAGE July 15, 2000 PLACE OF MARRIAGE Hershey, Dauphin County, PA DATE OF SEPARATION November 5, 2008 CIRCUMSTANCES OF SEPARATION Husband moved out of the marital residence on November 5, 2008. D. PRIOR MARRIAGES WIFE Wife was previously married on August 14, 1993 and was divorced on April 1, 1998. She has one child from this marriage, Briana Varner, age 16, of whom Wife has primary physical custody. HUSBAND Husband was previously married and was divorced in approximately 1999. He has two children from this marriage who have reached the age of majority. E.CHILDREN OF OTHER RELATIONSHIPS/MARRIAGES None. F. PROCEEDINGS INFORMATION DATE ACTION COMMENCED Complaint in Divorce filed by Wife on February 10, 2009. ISSUES RAISED IN DIVORCE Divorce under section 3301(c) of the COMPLAINT AND SUBSEQUENT Divorce Code; Equitable Distribution PLEADINGS FILED BY PLAINTIFF ISSUES RAISED IN COUNTERCLAIM None. AND SUBSEQUENT PLEADINGS FILED BY DEFENDANT DATE OF SERVICE OF COMPLAINT Husband was served with the Complaint in Divorce on February 14, 2009. Affidavit of Service was filed February 23, 2009. RELATED PROCEEDINGS Husband pays child support to Wife in the amount of $1,139.00 per month, effective December 1, 2008 II.MARITAL ASSETS AND DEBTS ITEM NO. DESCRIPTION TOTAL VALUE 1 Marital Residence - 202 Valley Road, Summerdale, PA Parties already 17093 sold and divided the proceeds of the marital residence. Each party received approximately $10,000.00 net. ITEM DESCRIPTION TOTAL NO. VALUE 2 2003 H d Od - 60 000 il d h www.kbb.com on a yssey , m es - goo s ape value of $9,755 as of 2/8/2011 3 GMC Sonoma truck with cap - fair shape Approx. value of $3,000.00 4 Pull trailer - decent shape Approx. value of $450.00 5 Miscellaneous items Husband took from marital residence Approx. value on November 5-6, 2008 of $3,000.00 6 Parties have equally divided remainder of contents of marital residence 7 Husband's Thrift Saving Plan (TSP) - Husband has been in $107,924.85 military since 1989, so much of his TSP is pre-marital. The as of marital value will need to be more specifically determined. December 31, 2008 (includes both marital and non- marital portions) 8 Husband's Air National Guard pension - Husband has not Unknown. yet provided documentation regarding his pension, despite repeated requests by undersigned counsel and the filing of a motion to compel discovery. Husband has been in the military since 1989, so much of his pension is pre-marital. The marital value will need to be more specifically determined. 9 Wife's SERS pension - Wife worked for PA Liquor $44,926.39 Control Board from 2000 until 2003. Wife took off work value as of for about 6 months to care for her children, but then again November 30, worked for the Liquor Control Board for about 5 months 2008 before transferring to Dept. of General Services in approximately 2005. 10 Wife's Dept. of Air Force pension - marital value of Not appraised. approximately $197.00 gross per month per letter dated 5/8/2009 ITEM NO. DESCRIPTION TOTAL VALUE 11 Wife's deferred compensation - Wife started this account $0.00 very close to the date of separation. As of September 19, 2008, there was a $0.00 balance. As of March 6, 2009, the balance was $1,198.23. Wife is claiming that this account is non-marital as it was established post-separation. 12 Wife's Thrift Saving Plan (TSP) - marital value.. As of $3,770.24 date of marriage, account value was $9,062.96 and as of date of separation, account value was $12,952.75 IILINCOME & EXPENSES: The current support order dated January 6, 2009 has been attached. Plaintiff will provide recent tax returns and current paystubs prior to any scheduled conference or hearing. IV.WITNESSES: Witnesses who may be called to testify in addition to Wife and Husband as on cross are not known at this time. If such additional witnesses are identified, Wife reserves the right to call them as witnesses upon proper notification to counsel for Husband. V.LISTING OF PROPOSED EXHIBITS The following is a listing of Exhibits which Wife anticipates submitting at the hearing in this case: NO. DESCRIPTION 1 Documentation regarding the parties' retirement assets. 2 Paystubs and tax returns of the parties. 3 w.kbb.com printout of value of Honda Odyssey 4 Current child support order. 8 Husband's responses to Wife's formal discovery requests TBD Any documentation exchanged by counsel through discovery. If additional exhibits are identified by Husband, Wife reserves the right to submit additional Exhibits upon proper notification to counsel for Husband. VI.PROPOSED RESOLUTION A. DIVORCE: Wife has filed under section 3301(c) of the Divorce Code but the parties have also been separated in excess of two years; therefore, grounds have been established under section 3301(d) of the Divorce Code. B. EQUITABLE DISTRIBUTION: The parties should keep all items in their current possession and the parties' military pensions, deferred compensation and Thrift Savings Plans should be equitably divided such that each received 50°,/0 of the combined marital value of all retirement assets. C. ALIMONY: Neither party has made a claim for alimony. D. COUNSEL FEES, COSTS & EXPENSES: Neither party has made a claim for counsel fees, costs and expenses. By: JEA E B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff, Tami L. Mistretta Dated: ?l ??dl In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION TAMI L. MI STRETTA ) Order Number 01061 S 2008 Plaintiff ) vs. ) PACSES Case Number 601110511 FRANK MI STRETTA III ) Docket Number 01061 S 2008 Defendant ) Other State ID Number ORDER OF COURT ® Final 0 Interim 0 Modified AND NOW, 6TH DAY OF JANUARY, 2009 based upon the Court's determination that the Payee's monthly net income is $ 3, 4 5 0.0 8 and the Payor's monthly net income is $ 3, 6 8 0.9 9 , it is hereby ordered that the Payor pay to the Pennsylvania State Collection and Disbursement Unit ONE THOUSAND, ONE HUNDRED THIRTY-NINE AND 00/100 Dollars ($1, 13 9.0 0 ) a month payable MONTHLY as follows: first payment due IN THE AMOUNT OF $1,139.00 MONTHLY CURRENT SUPPORT (SEE PAGE 3 OF ORDER) The effective date of the order is 12/01/08 . Arrears set at $ 1, 113 . 00 as of JANUARY 6, 2009 are due in full IMMEDIATELY. All terms of this Order are subject to collection and/or enforcement by contempt proceedings, credit bureau reporting, tax refund offset certification, driver's license revocation, and the freeze and seize of financial assets. These enforcement/collection mechanisms will not be initiated as long as obligor does not owe overdue support. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all the means listed above. For the Support of: Name NIKOLAS R. MISTRETTA MADISON N. MISTRETTA SHAELYN M. MISTRETTA Service Type M Birth Date 01/04/98 05/30/01 07/29/03 Form OE-518 Rev.6 Worker ID 21100 '44 CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: John Mangan, Esquire 17 W. South Street Carlisle, PA 17013 By: JEA B. COSTOPOULO IRE Attorney I.D. No. 68735 130 Gei-tysburg Pikes, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff, Tami L. Mistretta Dated: Z© TAMI L. MISTRETTA, Plaintiff vs. FRANK MISTRETTA, III, Defendant 7 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No 09-709 CIVIL ACTION - AT LAW DIVORCE ORDER APPOINTING DIVORCE MASTER AND NOW, this J'it_o day of , 2011, upon consideration of the attached L4-AZat &,f-# ?U Petition for Appointment of Divorce Master, it is hereby Ordered and Directed that -Y ,Esquire, is appointed master with resnPnr r„ the claims: Distribution: ./Jeanne B. Costopoulos, Esq., 130 Gettysburg Pike, Suite C Mechanicsbur PA '/ 17 r , g, John Mangan, Esq., 17 W. South Street, Carlisle, PA 17013 g, 055 w - <n ra, tV ` t? BY THE COURT: