HomeMy WebLinkAbout10-2232
Thomas D. Gould, Esquire
I.D. # 36508
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
MATTHEW J. CARNOVALE,
PLAINTIFF
V.
SUSAN G. CARNOVALE,
DEFENDANT
2010 APR -5 Ali I 1 : 09
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010 CIVIL TERM
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for is indignities or irretrievable breakdown
of the marriage, you may request marriage counseling. A list of
marriage counselors is available in the Court Administrator's
Office, Third floor, Cumberland County Courthouse, Hanover and High
Streets, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, 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.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
0/1-- 3Sa M 1,r •aPj
ek 4 .Os?
/Of` a39r-6 4
A
MATTHEW J. CARNOVALE,
PLAINTIFF
V.
SUSAN G. CARNOVALE,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) OR
3301(d) OF THE DIVORCE CODE IN DIVORCE
1. The Plaintiff is Matthew J. Carnovale who currently
resides at 6323 Stephens Crossing, Mechanicsburg, Cumberland
County, Pennsylvania 17050.
2. The Defendant is Susan G. Carnovale who currently resides
at 6323 Stephens Crossing, Mechanicsburg, Cumberland County,
Pennsylvania 17050.
3. The Plaintiff and Defendant have been bonafide residents
of the Commonwealth of Pennsylvania for at least six months
immediately prior to the filing of this Complaint.
4. The Plaintiff and Defendant were married on Steptember
10, 1983 in Berks County, Pennsylvania.
5. There have been no prior actions of divorce or annulment
between the parties in this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. The Defendant is not a member of the Armed Services of
the United States or any of its Allies.
8. The Plaintiff has been advised of the availability of
counseling and that Plaintiff may have the right to request that
the Court require the parties to participate in counseling.
9. Plaintiff requests the court to enter a decree of divorce.
'-/)Z?n44 ?.
Thomas D. Gould
Attorney for Plaintiff
I.D. # 36508
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
VERIFICATION
I verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn
falsification to authorities.
Date: oko
Matthe gale
F ?
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in a
divorce proceeding filed in the Court of Common Pleas of Cumberland
County. This notice is to advise you that in accordance with
Section 3302(c) of the Divorce Code, you may request that the court
require you and your spouse to attend marriage counseling prior to
a divorce being handed down by the court. A list of professional
marriage counselors is available at the Domestic Relations Office,
13 North Hanover Street, Carlisle, Pennsylvania. You are advised
that this list is kept as a convenience to you and you are not
bound to choose a counselor from this list. All necessary
arrangements and the cost of counseling sessions are to be borne by
you and your spouse.
If you desire to pursue counseling, you must make your request
for counseling within twenty days of the date on which you receive
this notice. Failure to do so will constitute a waiver of your
right to request counseling.
MATTHEW J. CARNOVALE, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSnVATIA-,
V. NO. 2010 - 2232 CIVIL
SUSAN G. CARNOVALE, IN DIVORCE
DEFENDANT
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on April 5, 2010.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of the
filing and service of the Complaint.
3. I consent to the entry of a Final Decree of Divorce after
service of notice of intention to request entry of the decree. I
acknowledge that pursuant to Rule 1920.42(e) I have waived the
requirement that I receive notice of intention to request entry of
the decree.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
-;`?1f ??Y ` .?O\ \
DATED:
MATTHEW CARN ALE
MATTHEW J. CARNOVALE, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSjtV$9Ik1;
ZK
V. NO. 2010 - 2232 CIVIL
`?
SUSAN G. CARNOVALE, IN DIVORCE
DEFENDANT
T c... .w. .,.? t
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on April 5, 2010.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of the
filing and service of the Complaint.
3. I consent to the entry of a Final Decree of Divorce after
service of notice of intention to request entry of the decree. I
acknowledge that pursuant to Rule 1920.42(e) I have waived the
requirement that I receive notice of intention to request entry of
the decree.
I verify that she statements made in this Affidavit are true
and correct. I understand that false statements herein are subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DATED:
_ I
SUSAN CARNOVALE
MATTHEW J. CARNOVALE,
PLAINTIFF
V.
SUSAN G. CARNOVALE,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010 - 2232 CIVIL TERM
IN DIVORCE
-
r
1
T
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree 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 bV 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 subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
-?,ul0?t
DATED:
MATTHEW J. CARNO E
MATTHEW J. CARNOVALE,
PLAINTIFF
V.
SUSAN G. CARNOVALE,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010 - 2232 CIVIL TERM
IN DIVORCE
-2 ? .
,
u a
=
rnm
.Z?'J
C- -
°
?i
r-
cn C.,
_ y
CD
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree 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 subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DATED: omx ? 1"?L
USAN G. VALE
,T
%
Wife's and Husband's Settlement Terms
x°
Dated: August It, 2011
17 2 it
MATTHEW J. CARNOVALE, *!NS Y!
Plaintiff : NO. 2010-2232 CIVIL TERM
V. CIVIL ACTION - LAW
SUSAN G. CARNOVALE, IN DIVORCE
Defendant
DIVORCE:
a. Consents and Waivers: The parties will consent to a 3301(c) no fault divorce
and will sign the required Affidavits of Consent and Waiver of Notice of
Intention upon the signing of the Agreement.
b. Waiver of Claims: The parties will waive any claims against the other party
except as hereafter resolved or arising out of any breach of the Agreement
2. EQUITABLE DISTRIBUTION
a. Marital Home: the following will apply to the marital home:
i. Vacating of Home: Husband will vacate the home within 2 1/2 weeks
after the date the divorce decree is entered.
ii. Husband's Repairs: So as to prepare the marital home for sale, the
parties will arrange for the following repairs/painting to/of the marital
home to be completed as soon as practical, the cost of which shall be
paid by Husband, but subject to possible reimbursement from the marital
home sales proceeds for the documented costs thereof, as hereinafter set
forth:
1. The Installation of the shower enclosure in Master Bathroom;
2. Repair of the external radon evacuation piping and, if necessary,
radon evacuation fan to be performed as required by local codes
to be done by husband or at his selection a professional of his
choosing;
3. Seal gap on basement walls;
4. Carpet in the basement to be cleaned professional
5. Replacement of flooring in children's bathroom to be done by
husband;
6. Husband will paint his bedroom
7. Carpet in family room
8. Tiling in master bathroom;
9. Mulch and Top Soil
10. Electrical Panel in Garage
iii. Husband's Expenses: Pending the sale of the home, husband shall pay
the following expenses;
1. The real estate taxes that become due and owing before the sale
of the marital home.
2. Any expenses and costs incurred for the reasonable repairs
required as a result of a buyer's home inspection
iv. Wife's Repairs: So as to prepare the marital home for sale, the wife has
or will arrange and pay for the following items, subject to
reimbursement from the marital home sales proceeds for the
documented costs thereof as hereinafter set forth:
1. The storage costs to de-clutter the marital home
2. The costs Wife has incurred to paint, painting contractors and
supplies in the amount of $4,400.00.
3. Other miscellaneous expenses Wife has or will hereafter incur
v. Wife's Expenses: Pending the sale of the marital home Wife shall pay
the mortgages (Northwest Savings Bank; Members 1't home equity loan
#XX6781-0003; and Members 1't home equity loan #xx6791-0004),
homeowner's insurance, utilities and other marital home expenses not
assigned to Husband pursuant to the provisions of subparagraph (ii) and
(iii) above. Wife will transfer the utilities into her sole name upon the
entry of the divorce decree and will provide husband with proof of said
transfer. If however said transfer will incur an unreasonable cost,
Husband will pay utility and include that accumulated cost in the
possible reimbursement upon sale of home.
vi. Listing with Realtor: The Marital Home will be listed for sale with
Tina Avera of Keller Williams as soon as practical.
vii. Determination of Prices, Commissions and Incentives: The parties
will jointly participate in and make all decisions regarding the listing
price, sales incentives, the sales price, and the selection of a replacement
realtor, if need be, all of which rights shall be exercised in a reasonable
manner in light of and under the then existing circumstances. Consent
to any proposal regarding the foregoing shall not be unreasonably
withheld.
viii. Removal of the Old, Non-operational Water Softener in Basement:
Will be removed by Husband if requested as part of a contract to sell the
real estate;
ix. Distribution of Proceeds: When the home sells the net proceeds will
be distributed in the following order of priority:
1. Reimbursement to Wife of the amount equal to the documented
expenses incurred by Wife to sell the home for storage costs and
the painting as set forth in subparagraphs (iv) above
2. If the proceeds after deduction of the reimbursement to wife
exceed $121,000, then reimbursement to Husband in an amount
equal to the documented expenses incurred by Husband to sell
the home including, but not limited to by way of specification,
the repairs set forth in subparagraph (ii) above and for taxes and
home inspection repair expenses set forth in subparagraph (iii)
above, up to the amount that brings the remaining proceeds to an
amount no less than $121,000.
3. The balance remaining after the reimbursements to Wife and
Husband are to be distributed to Wife.
b. Equitable distribution to Wife: Wife will receive the following assets and
pay the following debts
i. The share of the proceeds from the sale of the marital home set forth in
subparagraph (viii) (1) and (3) above.
ii. The insurance proceeds received as a result of the loss (insurance
company total) of the 2000 Honda Odyssey.
iii. Wife's NY Life Policy #8923
iv. Marital Home household goods except on attached list;
v. 100% of Husband's Verizon 401K plan having a value of 6/2/11 of
$223,969 and together with any gains or losses on the investment of that
amount after 6/2/11
vi. Wife's PSERS retirement plan
vii. 100% Husband's Osram Sylvania (Siemens) Pension Plan (estimated to
beXayable at the rate of $1200 per month starting on 4/1/25 (Husband's
65 birthday) to be paid to Wife. If permitted under the plan, Wife may
elect any form of payment so that she receives these benefits for her life.
If any benefits are payable after Wife's death, and Wife does not survive
Husband, then those benefits shall revert to and be paid to Husband.
viii. The cost of care for the family pet, Chrissy.
ix. ADT Security service monthly expenses
x. The marital home expenses set forth in subparagraph (iv) and (v) above,
subject to the reimbursement thereof as set forth in subparagraph (ix) (1)
above.
c. Equitable Distribution to Husband: Husband will receive the following
assets and pay the following debts under the terms and conditions hereafter
specified:
i. 2000 Honda Accord subject to Husband's obligation to pay the
insurance costs and all expenses regarding that vehicle
ii. Husband's New York Life Insurance Policy # XX M 293;
iii. Marital Home Household Goods identified on attached list;
iv. 100% of Husband's FCI USA LLC Employee 401 K Savings Plan,
Account #XX2497 having a value of $142,749 as of 6/1/11, and subject
to value fluctuations based on market changes and Husband's continuing
contributions
v. 100% of Husbands Siemens Savings Plan having a value of $89,923 as
of 6/1/11 and subject to value fluctuations based on market changes;
vi. Chase credit account #3786
vii. Direct Loans Parent Plus Loans Account #XXX-XX-4155-1 for the
educational expenses for Matthew P. Carnovale and with a current
payment of $258.00 per month
viii. Sallie Mae Student Loan Account # for the educational
expenses for Matthew P. Carnovale with a current minimum payment of
$25 per month
ix. The marital home expenses set forth in subparagraph (ii) and (iii) above,
subject to the possible reimbursement thereof as set forth in
subparagraph (ix) (2) above.
3. ALIMONY AND CHILD SUPPORT.
a. Alimony and Child Support: Husband will pay Wife alimony and child
support in accordance with and allocated as follows:
i. Alimony Period 1: For the period commencing on the date of the
agreement and ending on August 30, 2018, Husband shall pay Wife
according to the following schedule. In Year 1 and Year 2, child support
constitutes $1350 of the total each month and the balance in those years
and all remaining Period 1 Years is considered alimony.
1. Year 1 - ending August 30, 2012 - $3100 per month total
2. Year 2 - ending August 30, 2013 - $3200 per month total
3. Year 3 - ending August 30, 2014 - $3300 per month total
4. Year 4 - ending August 30, 2015 - $3350 per month total
5. Year 5 - ending August 30, 2016 - $3400 per month total
6. Year 6 - ending August 30, 2017 - $3500 per month total
7. Year 7 - ending August 30, 2018 - $3600 per month total
ii. Alimony Period 2: For the period commencing on September 1, 2018
and ending on the date Wife starts receiving the Osram Sylvania Pension
benefits, anticipated to be on 4/1/25, Husband shall pay Wife alimony in
the amount of $2200 per month;
iii. Alimony Period 3: For the period commencing on the date Wife starts
receiving the Osram Pension benefits, anticipated to be on 4/1/25, and
ending on 11/15/27, the day before Wife reaches age 66, Husband shall
pay Wife alimony in the amount equal to the difference between $2200
per month minus the monthly benefit amounts Wife receives from the
Osram Sylvania pension.
b. Termination: The foregoing alimony periods notwithstanding, Husband's
obligation to pay alimony to Wife shall automatically terminate upon the
earlier occurrence of any of the following triggering events:
i. The date wife reaches age 66;
ii. Death of either party;
iii. Wife's remarriage;
iv. Wife's cohabitation with an unrelated male.
c. Payment of Arrears upon Termination: The termination of the alimony
obligation shall not terminate Husband's obligation to pay any alimony that
accrues to the date of termination, which amounts shall be paid at the rate of
the monthly alimony amount that would have been paid but for the termination.
d. Security: As security for and to guaranty the payment of Husband's alimony
obligation hereafter provided, the following shall apply:
i. Siemens Savings Plan: A Court Ordered Injunction shall be entered
prohibiting Husband from making any withdrawls from Husband's
Siemens Savings Plan in any amount which would reduce the then
existing value of the Plan below $85,000.
ii. Life Insurance for Wife; Husband shall designate Wife as the
beneficiary of death benefits on any life insurance policy he may have
through his employment in an amount no less than Husband's then
remaining alimony obligation until 11/16/27, the date Wife reaches age
66, which amount shall be recalculated from time to time as may be
necessary based on scheduled changes in the alimony amounts (Period
1-3 above), under and subject to the following:
1. Additional Policies: If the above referenced policies are not
sufficient at any time to pay the remaining alimony, then
Husband shall obtain another policy on his life which shall be
subject to the provisions of this paragraph.
2. Proof of Insurance: Husband will provide Wife with proof of
the life insurance coverage and the beneficiary designation upon
request, but in no event any less frequently than annually or
within 1 month of the date of the Marital Agreement.
3. Excess Death Benefits: Husband may designate the beneficiary
of any death benefits for the foregoing policies that are not
required to be paid to Wife pursuant to the foregoing.
iii. Mortgage: Husband shall give Wife a mortgage against the home he is
buying which mortgage under and subject to the following:
1. The mortgage shall be in second lien position to the purchase
money mortgage
2. The security value of the mortgage shall at all times be equal to
$85,000.
iv. Termination of Security for Alimony Period 1: Upon the occurrence
of (1) payment of all the alimony for Alimony Period 1 set forth in
subparagraph (a)(i) above, or (2) any of the triggering events set forth in
subparagraph (b) above, and payment of all alimony due to the date of
said triggering event, Husband's obligation to provide Mortgage
Security as provided in subparagraph (iii) above shall terminate.
v. Termination of Security for Alimony Period 1 and 2: Upon the
occurrence of (1) payment of all the alimony for Alimony Period 2 set
forth in subparagraph (a)(ii) above, or (2) any of the triggering events set
for the in subparagraph (b) above, and payment of all alimony due to the
date of said triggering event, Husband's obligation to provide the
Siemens Savings Plan security as provided in subparagraph (i) above
shall terminate.
vi. Upon the occurrence of either of the triggering events set forth above, if
past due alimony is owed at that time, and not paid within 60 days of the
date of the triggering event, then the real estate shall be sold and any
cash value from the insurance policy (policies) shall be withdrawn and
paid to Wife to the extent necessary to pay said past due alimony
amounts. After that payment the mortgage shall be satisfied and
husband's obligation to provide insurance for wife shall terminate. Any
tax consequences as a result of liquidation shall be paid by Husband.
This does not prevent Husband from borrowing the money and paying
off the past due alimony thus preventing the sale of the home. That is
why he is given the 60 day period after the triggering event to pay all
alimony that has accrued to the date of the event.
e. Verification of Information: Wife shall provide Husband and Domestic
Relations with information and any available or issues written documentation
regarding any facts necessary to determine the amount of the alimony payment
or the date of payment change or termination within 5 business days of her
knowledge of said information or receipt of such documentation and shall upon
request of Husband or Domestic Relations execute an agreement or affidavit
verifying any facts necessary to determine the amount of the alimony payment
or the date of payment change or termination including, but not limited to:
i. The date of the parties divorce;
ii. The date of settlement on the sale of the marital home;
iii. The date Wife starts receiving the Osram Sylvania Pension benefits;
iv. The amount of the Osram Sylvania pension benefits payable to Wife;
v. The date of death of either party;
vi. The date of Wife's remarriage;
vii. The date of the commencement of Wife's cohabitation with an unrelated
male.
f. Modification of Alimony: Except as otherwise specified herein provided,
Husband's obligation to pay alimony shall not be subject to modification by
the court or the parties except upon mutual written agreement of the parties.
g. Modification of Child Support: Husband's child support obligation shall be
modifiable based on a demonstration of a substantial change in the financial
circumstances of either party or based on a change in the parties custody
arrangements. The foregoing notwithstanding, in no event shall Husband's
obligation to Wife be lower than the combined total of alimony and child
support for the applicable period so that if the child support is reduced, the
alimony will be increased by the same amount.
h. Tax Treatment: The alimony will be treated as taxable income to Wife and
tax deductible by Husband. There shall be no tax consequences arising out of
payment of child support.
i. Direct Payments by Husband to Wife: Husband will make direct payment of
alimony and child support to wife before the first Friday of each month. If
husband fails to make regularly scheduled payments, Husband's alimony and
child support shall be paid pursuant to an order to be entered in a Cumberland
County, PA Support Action to be filed by Wife. All payments would then be
paid to the Pennsylvania State Collection and Disbursement Unit, P.O. Box
69110, Harrisburg, PA 17106-9110. Husband's wages would then be attached
to effectuate this payment.
j. Insurance: Husband shall provide medical, dental and optical insurance
coverage for Wife until the parties' divorce and for the parties' children as long
as they are eligible and as long as it is available to Husband through his
employment at a reasonable cost.
k. Medical Expenses: Until the later of a child reaching age 18 or graduating
from high school, (applicable to Kaitlin - DOB 7/16/94), the following shall
apply:
i. Wife shall be responsible for the payment of the first $250 annually per
child in medical expenses for each of the child.
ii. Any medical expenses incurred by Plaintiff in excess of $250.00 per
calendar year per child shall be paid 75% by Plaintiff and 25% by Wife.
iii. For the calendar year including the date of the agreement the $250
threshold shall be prorated as of the date of the agreement and the
medical expenses shall include only those expenses arising on or after
the date of the agreement.
iv. Medical expenses covered by this paragraph shall be those that are
covered and defined in PA. R.C.P. 1910.16-6.
v. The terms of this paragraph shall be subject to modification based on a
substantial change in circumstances of either party or in their custody
arrangements
1. Other expenses in support of children: Medical, dental, vision and
miscellaneous college expense support to be provided to non-minor children
will be reviewed by both parties with the expectation that agreed upon out of
pocket expenses will be shared 50150 by Wife and Husband.
4. ('OLLEGE FUNDS:
a. The joint Northwest Financial Services Account # HJ8-033921 and the joint
Nationwide Fund Class D Fund Account # 22-1330010816 shall be transferred
to Wife and used to pay for the parties' daughter's college education. Any
funds remaining in the account after the daughter has completed her education
or turns age 25, whichever shall first occur, shall be paid to daughter.
5. CUSTODY:
a. Legal Custody: The parents shall have shared legal custody, defined in 23
Pa.C.S.A. § 5302 as the legal right to make major decisions affecting the best
interest of a minor child, including, but not limited to, medical, religious and
educational decisions. Pursuant to the terms of 23 PA. C.S.A § 5309, each
Parent shall be entitled to all records and information pertaining to the Child
including, but not limited to, medical, dental, religious or school records, the
residence address of the Child and of the other Parent. To the extent one
Parent has possession of any such records or information, that Parent shall be
required to share the same, or copies thereof, with the other Parent within such
reasonable time as to make the records and information of reasonable use to the
other Parent
b. Physical Custody: Wife will have primary physical custody of Kaitlin and
Husband will have partial physical custody of Kaitlin, the schedule for which is
expected to constitute an arrangement in which Kaitlin will live with each
parent on a 50150 basis. The exact number of days and frequency of change
shall be determined by mutual agreement of the parties from time to time based
on the then existing circumstances. Husband shall not be entitled to take the
child out of the country except upon consent and approval of Wife.
6. DEPENDENCY EXEMPTIONS:
a. Wife's Household Income under $38,000: As long as Wife's household
gross income, (including, but not limited to, the alimony payments specified
herein) as reported on her federal income tax return for herself or in
combination with any spouse she may have is less than $38,000 per year,
Husband shall be entitled to claim the dependency exemptions for any of the
parties' children who can be claimed and do not claim the exemption for
themselves on his or her income tax return.
b. Wife's Household Income at Least $38,000 - 3 Dependency Exemptions:
When Wife's household gross income, (including, but not limited to, the
alimony payments specified herein) as reported on her federal income tax
return for herself or in combination with any spouse she may have is equal to
or greater than $38,000 per year, and there are 3 dependency exemptions that
can be claimed, Husband shall be entitled to claim the dependency exemptions
for 2 of the children and Wife shall be entitled to claim the dependency
exemption for 1 child.
c. Wife's Household Income at Least $38,000 - 2 Dependency Exemptions:
When Wife's household gross income, (including, but not limited to, the
alimony payments specified herein) as reported on her federal income tax
return for herself or in combination with any spouse she may have is equal to
or greater than $38,000 per year, and there are 2 dependency exemptions that
can be claimed, each party shall be entitled to claim the dependency exemption
for 1 child.
d. Wife's Household Income at Least $38,000 -1 Dependency Exemptions:
When Wife's household gross income, (including, but not limited to, the
alimony payments specified herein) as reported on her federal income tax
return for herself or in combination with any spouse she may have is equal to
or greater than $38,000 per year, and there is only 1 dependency exemptions
that can be claimed, Wife shall claim that exemption in even numbered years
and Husband shall claim that exemption in odd numbered years.
Listing of personal property Husband is to receive
Back Room: Treadmill and matting for treadmill; AB Lounger, Wooden book shelves;
Colonial looking clock;
Kitchen; Frying pan with lid; Set of four (4) dishes; Set of four (4) bowls; Four (4) glass
drinking glasses; Four (4) sets of matching stainless flatware; One (1) sauce pan; One (1) glass
mixing bowl; One (1) cookie sheet; One (1) cutting board; One (1) can opener
Basement; Husband's golf clubs and accessories inclusive of two (2) golf umbrellas;
Husband's childhood books; Two (2) sets of plastic shelving; Old kitchen table; Metal work
bench in back right corner; Dehumidifier (upon sale of home); black card table and matching
chairs; collapsible beige colored plastic table; Wallpaper tools
Matthew's Bedroom: Husband's clothes, shoes and personal effects; Husband's books; Set of
plastic shelves; Husband's pillows & pillow cases; Silk comforter and matching sheets
purchased in China; Large blue Docker's suitcase; Newer grey suitcase; Floor matting for
exercise; set of dumbbells with weights; Any item purchased in China/Asia with exception of
two (2) Chinese painted bottles at Wife's selection; Husband's clothes in attic; Husband's hats;
Husband's soccer referee stuff, wooden two drawer file cabinet; one sleeping bag; digital video
camera; tripod for camera
Wife's Bedroom; Tile cutting equipment and tiling hand tools; Metal shelving in closet; TV
center in closet; Husband's mother's desk; small black AM/FM radio in closet
Linen Closet - two (2) large beach towels
Gregory's bedroom - dresser in Gregory's bedroom from Husband's family; desk from
Husband's family
Garage: Newer Dremel power tool; One tool box of hand tools; One box of screws, nails, etc.;
One fishing pole; Husband's baseball glove; golf balls and yellow practice golf balls; one leaf
rake; one bag of ice melt; one (1) snow shovel; one pointed garden shovel; two (2) collapsible
chairs with bags; collapsible work bench; Husbands snow boots; extension ladder; tree pruner;
extendable tree cutter; bow saw; maroon ice chest; small propane grill; santa lawn sign; 10
pieces of carpet samples; three (3) milk crates; one hand vacuum; Husband's bicycle; Larger
gray metal storage cabinet; Metal table at rear of garage; Metal lockers purchased from
Husband's work
Dining Room: Copy of taxes for last seven (7) years; Copy of pictures of the children
Living Room: Upright electric fan, two of four Penn State memorabilia above Living/Dining
doorway inclusive of one signed by Joe Paterno
Family Room: Choice of DVD's purchased in China
Baseball, football, basketball cards and memorabilia that were Husband's prior to marriage,
subject to review by parties
Some of the Christmas decorations subject to approval by Wife
Power tools - to stay in home until it is sold. Parties need to review final list and decide how
these items are to be divided
Old (broken) stainless steel kitchen garbage can
Carved wooden horse purchased by Husband in France
List of personal property to go to Husband can be amended in future as agreed upon by the
two parties.
IN WITNESS WHEREOF, the parties set their hands and seals
r
i
fitness
A U
Witness
Date MATTHEW-J. ARNOVALE
D to SUSAN G. CARNOVALE
Commonwealth of Pennsylvania:
ss
County of Nm Xoc 't i
PERSONALLY APPEARED BEFORE ME, this day of
2010, a notary public, in and for the Commonwealth of Pen y lvania
SUSAN G. CARNOVALE, known to me (or satisfactorily proven to be)
the person whose name is subscribed to the within agreement and
acknowledged that she executed the same for the purposes herein
contained.
IN WITNESS WHEREOF, I have hereunto
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Andrea L. Wingard, Notary Public
Hampden Twp., Cumberland County
My Commission Expires May 11, 2014
Member, Pennsylvania Association of Notaries
Commonwealth of Pennsylvania:
County of Cv 111Llej-':?
ss
set my hand and official seal.
Notary Public
PERSONALLY APPEARED BEFORE ME, this 1?day of ?- ,
2011, a notary public, in and for the Commonwealth of Pen ylvania,
MATTHEW J. CARNOVALE, known to me (or satisfactorily proven to be)
the person whose name is subscribed to the within agreement and
acknowledged that he executed the same for the purposes herein
contained.
IN WITNESS WHEREOF, I have hereunto
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Andrea L. Wingard, Notary Public
Hampden Twp., Cumberland County
My Commission Expires May 11, 2014
Member, Pennsylvania Association of Notaries
6
set my hand and official seal.
I
Notary Public
MATTHEW J. CARNOVALE, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2010-2232 CIVIL ! :12. `-,
rn C=_
:;u .) -
SUSAN G. CARNOVALE, IN DIVORCE -- =:
DEFENDANT
PRAECIPE TO TRANSMIT RECORD
d
To the Prothonotary:
Transmit the record, together with the following information,
to the Court for the entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under Section
3301(c) of the Divorce Code.
2. Date and manner of service of the complaint: On April 12,
2010, by Acceptance of Service.
3. Date of execution of the affidavit of consent required by
Section 3301(c) of the Divorce Code: By Plaintiff, August 13,
2011; By Defendant, August 13, 2011.
4. Related claims pending: None
5. Date Plaintiff' s Waiver of Notice in § 3301(c) divorce
was filed with the Prothonotary on August 17, 2011.
Date Defendant's Waiver of Notice in § 3301(c) divorce
was filed with the Prothonotary on August 17, 2011.
b .. x?
Thomas D. Gould, Esquire
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MATTHEW J. CARNOVALE,
V.
SUSAN G. CARNOVALE
NO. 2010 - 2232
DIVORCE DECREE
AND NOW, , it is ordered and decreed that
MATTHEW J. CARNOVALE plaintiff, and
SUSAN G. CARNOVALE , defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
The Settlement Terms Agreement dated August 11. 2011 is
hereby incorporated into this Divorce Decree.
CIVIL TERM
By the Court,
Att J.
Prothonotary
eor ale (2-100id
14W e cop Wlh' ( ' IM5
-2232 Civil Term
STATE OF PENNSYLVANIA CASE 2010
COUNTY OF CUMBERLAND
IN THE DIVORCE COURT OF COMMON PLEAS
IN RE TO THE MARRIAGE OF:
rn 65 L 1-1-IF
Matthew John Carnovale F
Petitioner
and
Susan Guthrie Carnovale
Respondent
Qualified Domestic Relations Order
This order creates and recognizes the existence of an alternate payee's right to receive a portion of
the participant's benefits payable under an employer-sponsored defined contribution plan, which is
qualified under Section 401 of the Internal Revenue Code(the "Code"). This order is intended to
constitute a Qualified Domestic Relations Order("QDRO")under Section 414(p)of the Code and
Section 206(d)of the Employee Retirement Income Security Act of 1974("ERISA")and shall be
interpreted and administered in conformity with such laws.
This order is entered pursuant to the authority granted under the applicable domestic relations laws of
the state of Pennsylvania.
1.Plan
This order applies to the
E) Verizon Savings Plan for Management Employees(the"Plan")
Any successor to this Plan shall also be subject to the terms of the order.
2. Participant
The name,address, Social Security Number,and date of birth of the participant are as
follows:
Name: Matthew John Carnovale
Address: 109 N. 34h Street, Camp Hill, PA 17011
Social Security Number: 108-504155
Date of Birth: March 28, 1960
279
.1
� 3.Alternate Payee
The person named as alternate payee meets the requirements of the definition.of alternate
payee as set forth in Section 5. The alternate payee's name,address,Social Security
Number,date of birth,and relationship to the participant are as follows:
x
i Name: Susan Guthrie Carnovale
Address: 6323 Stephens Crossing, Mechanicsburg,PA 17050
!" Social Security Number: 181-54-0822
Date of Birth:November 16, 1961
Relationship to Participant: Ex-spouse
4. Definitions
t+ Alternate Payee--The alternate payee is any spouse, former spouse,child,or other dependent of a
participant who is recognized by a domestic relations order as having a right to receive all or a
portion of the benefits payable under the Plan with respect to the participant.
Liquidation Date—The liquidation date is the date a portion of the participant's account is
liquidated to allow the payment to the alternate payee's account under this order.An assignment as
of the liquidation date assigns a portion of the participant's current account.
Plan.Administrator—Verizon is the Plan Administrator for Verizon's employee benefit plans.
Verizon has contracted with Hewitt Associates LLC to establish procedures and administer QDROs.
Valuation Date—The valuation date is the date on which the participant's vested account balance
will be valued in order to determine the alternate payee's designated portion in accordance with the
terms of this order.Accounts are valued on a daily basis. If,however,the QDRO requires a historical
division of the participant's account and a daily valuation is not available for such date,the
participant's account will be divided as of the valuation date immediately preceding the date
specified in the order.
Vested Account Balance—The participant's vested account balance is the participant's benefit as if
he or she terminated employment and received a distribution on the valuation date.
S.Benefit Payable To The Alternate Payee—Defined Contribution Plan(s)
Option A--Straight Percentage
The order assigns to the alternate payee an amount equal to 100%of the participant's vested account
balance under the Plan (identified in Section 1)as of November 18,2011
From the valuation date to the liquidation date,the amount assigned to the alternate payee:
) WiIl include earnings and losses.
280
d�
The participant's vested account balance:
C3 Will not be reduced by the value of outstanding loans before the alternate payee's portion of the
a benefit is determined.
If the assigned amount is greater on the liquidation date than the net vested account balance after any
' outstanding loan balances and/or withdrawals have been deducted,the net vested account balance
*` will be the assigned amount.
it
6. Form Of Payment
The alternate payee shall receive the portion of the Plan benefits assigned to the alternate payee in a
single lump-sum payment. Such amount shall be adjusted for earnings and losses from the liquidation
date to the date of distribution to the alternate payee.
7.Commencement
The alternate payee shall be eligible to receive payment as soon as administratively reasonable
�K following the determination that this order is a Qualified Domestic Relations Order.In no event can
the alternate payee commence his or her benefit later than April I following the year in which the
participant attains age 70-12.
8.Death Procedures
If the participant predeceases the alternate payee prior to payment of the alternate payee's assigned
benefits under the Plan,the alternate payee's benefits will not be affected. In the event of the
participant's death,the account balance,which remains the property of the participant, will be
payable to the participant's designated beneficiary or in accordance with Plan provisions.This order
does not require the participant to name the alternate payee as the beneficiary for the benefits not
assigned to the alternate payee.
In case of the death of the alternate payee prior to distribution of the alternate payee's benefits from
the Plan, the assigned benefits will be paid to the alternate payee's designated beneficiary or, if none,
in accordance with Plan provisions.
9.Retention Of Jurisdiction
This matter arises from an action for divorce or legal separation in this court under the case number
set forth at the beginning of this Order.Accordingly,this court has jurisdiction to issue this order.
In the event the Plan Administrator determines that this order is not a Qualified Domestic Relations
Order,both parties shall cooperate with the Plan Administrator in making any changes needed for it
to become qualified. This includes signing all necessary documents. For this purpose,this court
expressly reserves jurisdiction over the dissolution proceeding involving the participant,the alternate
payee,and the participant's interest in the Plan.
281
°i
10.Limitations ,
�y Pursuant to Section 414(p)(3)of the Code and except as provided by "
Section 414(p)(4),this order:
a
(i) Does not require the Plan to provide any type or form of
as
benefit,or any option, not otherwise provided under the
Plan;
y (ii) Does not require the Plan to provide increased benefits; and
(iii) Does not require the payment of benefits to an alternate
1;. payee which are required to be paid to another alternate
payee under another order previously determined to be a
Qualified Domestic Relations Order.
11.Taxation
For purposes of Sections 402 and 72 of the Code, any alternate payee who is the spouse or former
! spouse of the participant shall be treated as the distributes of any distribution or payments made to
the alternate payee under the terms of the order and,as such, will be required to pay the appropriate
feder,state,and local income taxes on such distributions.
N .
12.Fenstructive Receipt
tIfthe`Plan inadvertently pays to the participant any benefit that is assigned to the alternate payee
ptiont to the terms of this order,the participant will immediately reimburse the Plan to the extent
that!�a participant has received such benefit payments and shall forthwith pay such amounts so
4r recetyed to the Plan within ten (10)days of receipt.
If Plan inadvertently pays to the alternate payee any benefit that is actually payable to the
participant,the alternate payee must make immediate reimbursement. The alternate payee must
` reimburse to the extent that he or she has received such benefit payments and shall forthwith pay
such amount so received to the Plan within ten(10)days of receipt.
13.Effect Of Plan Termination
If the Plan is terminated,the alternate payee shall be entitled to receive his or her portion of the
r1 participant's benefits as stipulated herein in accordance with the Plan's termination provisions for
participants and beneficiaries.
14,Certification Of Necessary Information
All payments made pursuant to this order shall be conditioned on the certification by the alternate
payee and the participant to the Plan Administrator of such information as the Plan Administrator
may reasonably require from such parties to make the necessary calculation of the benefit amounts
contained herein. Dated this 19 day of 0 u 1% , 20j
By the court: --�
COMMONWEALTH OF PENNSYLVANIA
Judge's Signature Notarial seat
' Kathleen Susan May,Notary Public
Hampden Twp.,Cumberland county �J"
My commission res pct.7,2014 P W va
ME Pk PENNSYi VAI A T2ffN C}i NOTARIES
O
tNa t s t t 282