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ANGELO H. DISTEFANO,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY , PENNSYLVANIA
CIVIL ACTION - LAW
vs.
CATHY J. DISTEFANO,
Defendant
NO. 94-6204 CIVIL TERM
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. Grounds for Divorce: Irretrievable breakdown.
2. Date and manner of service of the Complaint:
Service upon Defendant on 2 November 1994
by certified mail.
3. Date of execution of the Affidavit of Consent and Waiver of Notice required by
Section 3301 Ic) of the Divorce Code:
By Plaintiff: 28 January 1997
By Defendant: 28 January 1997
4. Related claims pending: None.
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B - uel L. An~es '"
Attorney for Defendant
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ANGELO H, DISTEFANO,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. CIVIL TERM
: CIVIL ACTION . LAW
: IN DIVORCE
vs
CATHY J, DISTEFANO,
Defendant
COMPLAINT IN DIVORCE
UNDER SECTION 3301 Ie) of the DIVORCE CODE
1, THE PLAINTIFF, ANGELO H. DISTEFANO, WHOSE ADDRESS IS 2908
WESTBURY COURT, APT, 803, CAMP HILL, LOWER ALLEN TWP" CUMBERLAND
COUNTY PENNSYLVANIA since on or abOut 1 April, 1994,
2. THE DEFENDANT, CATHY J, DISTEFANO, WHOSE ADDRESS IS 108 E,
CLEARVIEW DRIVE" CAMP HILL, HAMPDEN TWP" CUMBERLAND COUNTY,
PENNSYLVANIA, since on or about September 1990,
3, The Plaintiff and Defendant have been bOna fide residents of the Commonwealth of
Pennsylvania for more than six (6) months immediately previous to the filing of this
Complaint.
4. The Plaintiff an Defendant were married on 15 July 1972 in Oceanside, California.
5, There have been no prior actions of divorce or annulment in this or any other
jurisdiction between the parties,
6, The Plaintiff is in the Military Service; the Defendant is not.
7, The marriage is irretrievably broken,
8. The Plaintiff respectfully requests the Court to enter a decree in divorce.
I verify thlt the .tatementa mlde In thlll Complaint Ire true end
correct. I unde"tend that fal.e .tatement. herein Ire ,ubJect to the
penaltl.. of 18 PI., C.S.. a4904, relating to unaworn 'alalflcatlon to
authorltle~ ,
DATE:,~ '0~ ~_
ANGELO H. DISTEFANO
Plaintiff
"
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
VS
CATHY J. DISTEFANO
DEFENDANT
NO. 94-8204 Civil Term
CIVIL ACTION- LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
I, the undersigned, being an adult Individual, hereby swear and affirm that I
personally mailed a copy of the attached Certified Complaint in Divorce and Plaintiff's
Affidavit, as required under Section 3301 (c) of the Divorce Code, to the Defendant,
"CATHY J. DiSTEFANO, on the 31st day of October 1994 via Certified Mail,
Return Receipt Requested, Addressee Only, Item /I P 830 374759, and the same was
. signed for by the Defendant, CATHY J, DiSTEFANO" on the 2nd day of November
, 1994,. as per the attached receipts,
DATE: tlft/ c,y
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ANGELO H. DISTEFANO,
Plaintiff
vs.
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CATHY J. DISTEFANO,
Defendant
NO, 94-6204 CIVIL TERM
IN DIVORCE
PRAECIP,.,E
TO THE PROTHONOTARY:
Please withdraw the claims set forth In Defendant's Counterclaim filed in this action, .
specifically including claims for equitable distribution, alimony, alimony pendente lite, and
counsel fees and expenses.
&~~~
amuel L. Andes
Attorney for Defendant
Supreme Court 10 17225
525 North 12'" Street
Lemoyne, PA 17043
(717) 761-5361
vs.
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IN THE COURT OF COMMON PLEAS
OF ClMBEIlLAND COUNTY, PENNA,
ANGELO H. DISTEFAN:l,
Plaintiff
CIVIL ACTION - LAW
CATHY J. DISTEFAN:>,
Defendant
NO. 94-6204 CIVIL 'rmt
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on
31 October 1994 and was served upon the Defendant on or about 2 NovEJl1ber 1994
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing of the complaint and the date of service of the
complaint on the Defendant.
3. I consent to the entry of a final decree in divorce either after service of a Notice
of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of
Intention to Request Entry of the Decree.
4. I have been advised of the availability of marriage counseling and understand that
the Court maintains a list of marriage counselors and that I may request the Court to
require my spouse and I to participate in counseling and. being so advised, do not request
that the Court require that my spouse and I participate in counseling prior to the divorce
becoming final.
I verify that the statements made in this Affidavit are true and correct and 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.
l/28/97
DATE
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vs.
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IN THE COURT OF COMMON PLEAS
OF Ct.MBERlJ\ND COUNTY, PENNA,
ANGEID H. DISTEFAOO,
Plaintiff
CIVIL ACTION. LAW
~ J. DISTEFANO,
Defendant
NO. 94-6204 CIVIL TERoI
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on
31 October 1994 _ and was served upon the Defendant on or about 2 NovEmber 1994
2. The marriage of Plaintiff and Defendant is irretrievably b,'oken and ninety (90)
days have elapsed from the date of filing of the complaint and the date of service of the
complaint on the Defendant,
3. I consent to the entry of a final decree in divorce either after service of a Notice
of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of
Intention to Request Entry of the Decree.
4. I have been advised of the availability of marriage counseling and understand that
the Court maintains a list of marriage counselors and that I may request the Court to
require my spouse and I to participate in counseling and, being so advised, do not request
that the Court require that my spouse and I partiCipate in counseling prior to the divorce
becoming final.
I verify that the statements made in this Affidavit are true and correct and I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
II Section 4904 relating to unsworn falsification to authorities,
1/28/97
DATE
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Al'Q;[.() H. DISTEFAIIl . ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUolBER1J\ND COUNTY, PENNA.
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vs. ) CIVIL ACTION - LAW
)
CATHY J. DISTEFANO . ) NO. 94-6204 CIVIL TERM
Defendant ) IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301101 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.
1/28/97
Dated:
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ANGEW H. DISTD'lIOO,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF Cl.MBERLAND COUNTY, PENNA.
vs.
CIVIL ACTION - LAW
CATHY J. DIS'!'EFlIOO
Defendant
NO. 94-6204 CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 33011cl OF THE DIVORCE CODE
1. I consant to the entry of a final decree in divorce without notice.
2. I understand that I may lose rights concerning alimony, division of proPllrty,
lawyer's fees, or llxpenses if I do not claim them b..,forll a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entllrlld by the
court and that 0 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.
1/28/97
Dated:
t#d</~
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II
.
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OFFICI OF DIYORCI MASTlR
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Slreel
Carlisle. PA 17013
(717) 240-6535
I. RolMrllllcker. II
Divorce Masle,
TrHI "0 Col,er
Office Manager/Reporter
w... Ihoro
697-0371 Ex!. 6535
June 14, 1996
Samuel L. Andes, Esquire
525 North Twelfth street
P.O. Box 168
Lemoyne, PA 17043
RE: Angelo H. Distefano vs. Cathy J. Distefano
No. 94 - 6204
In Divorce
Donald B. Owen, Esquire
105 Mt. View Drive
Enola, PA 17025
Dear Mr. Owen and Mr. Andes:
By order of Court of President Judge Harold E. Sheely
dated June 12, 1996, the full-time Master has been appointed in
the above referenced divorce proceedings.
A divorce complaint was filed on October 31, 1994,
raising grounds for divorce of irretrievable breakdown of the
marriage. Although the motion for appointment of Master
indicates that equitable distribution is at issue, no claim for
equitable distribution or other economic issues have been raised
in the pleadings. Therefore, if we are going to proceed with
equitable distribution or other economic claims, the appropriate
pleading needs to be filed.
The motion for appointment of Master also indicates that
Mr. Andes is counsel for Cathy J. DiStefano. I request that if
Mr. Andes, in fact, is representing Ms. DiStefano that he enter
his appearance of record on her behalf.
I am unclear as to whether or not the parties will sign
and file affidavits of consent in view of the affidavit attached
to the complaint, which is characterized as a 3301(c) affidavit.
The parties have been separated, according to the pleadings,
since January 10, 1994, and if the parties will not consent,
then one of the parties can file an affidavit under Section
~
.
Mr. Ow.n and Hr. And.., Attornoy. at Law
14 Juno 1996
'a90 a
3301(d) av.rring a ..paration in .xc... of two yoar..
Bofor. dir.cting the filing of pro-trial .tat.mont., I am
goin9 to a.k coun.el to addr.e. tho pleading. with r..pect to
tho .conomic i..ue. and the ground. for divorce i..u..
Very truly your.,
E. Robert Elick.r, II
Divorce Ha.ter
.
.
OFFICI OF DIYORCI MASTIR
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Slreel
Carlisle. PA 17013
(717) 240-6535
I. Roborllllcker. II
Dlvorc. Mall.,
TrHI "0 Colver
Offlc. Manag.,/R.port.r
We.' .lIore
697-0371 Ex!. 6535
July lB, 1996
Samuel L. Ande., Esquire
525 North Twelfth Street
P.O. Box 168
Lemoyne, PA 17043
Re: Angelo H. Distefano vs. Cathy J. Distefano
No. 94 - 6204
In Divorce
Donald B. Owen, Esquire
105 Mt. View Drive
Enola, PA 17025
Dear Mr. Owen and M~. Andes:
I am in receipt of a letter from Mr. Andes dated July 17,
1996, advising that he will be filing an answer and counterclaim
in response to the complaint. The counterclaim will be raising
the economic iseues of equitable distribution, alimony, alimony
pendente lite, and counsel fees and expenses.
Mr. Andes also advises that the parties have been
separated for more than two years so there should be no dispute
with respect to the grounds for divorce.
In accordance with P.R.C.P. 1920.33(b) I am directing
each counsel to file a pre-trial statement on or before Friday,
August 9, 1996. Upon receipt of the pre-trial statements I will
immediately schedule a pre-hearing conference with counsel to
discuss the issues and, if necessary, schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
ANGILO H. DISTEFANO,
Plaintitf
VS.
IN THE COURT OF COMMON PLEAS or
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CATHY J. DISTEFANO,
Derendant
NO. 94 - 6204
IN DIVORCE
NOTICE OF PRE..HEARING CONFERENCE
TO: Donald B. Owen
Samuel L. Andes
, Counsel for Plaintirr
, Counsel for Defendant
A pre-hearinq conference has been scheduled at the
or rice or the Divorce Master, 9 North Hanover Street, Carli.le,
Penn.ylvania, on the 18th day of October, 1996, at 9:30 a.m., at
which time we will review the pre-trial statements previously
filed by counsel, define issues, identify witnesses, explore the
po..ibility of settlement and, if necessary, schedule a hearinq.
Very truly yours,
Date of Notice: 8/21/96
E. Robert Elicker, II
Divorce Master
ANGELO H. DISTEFANO,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 94 - 6204 CIVIL
CATHY J. DISTEFANO,
Defendant
IN DIVORCE
ORDER AND NOTICE SETTINg H~
To: Angelo H. Distefano
Donald B. Owen
Cathy J. Distefano
Samuel L. Andes
, Plaintiff
, Counsel for Plaintiff
, Defendant
, Counsel for Defendant
You are directed to appear for a hearing to take
testimony.on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street Carlisle, Pennsylvania, on the 3rd
day of Januarv ,1997, at 9:00 a.m, at which place and
time you will be given the opportunity to present witnesses and
exhibits in support of your case.
By the Court,
~a~ct J \==
Harold E. Sheely.
.Judge
Date of Order and
Notice: 10/18/96
By:
Divorce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Court Administrator
Fourth Floor, East Wing
Cumberland County Courthouse
Carlisle. PA 17013
Telephone (717) 240-6200
Testimony will be limited to marital misconduct as that factor
relates to wife's alimony claim.
.
,
,
vs.
IN THE COURT OF COMMON PLEAS or
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94 - 6204
ANGBLO H. DiSTEFANO,
Plaintiff
CATHY J. DiSTEFANO,
D.f.ndant
IN DIVORCE
RE: Pre-Hearing Conf.r.nc. M.morandum
DATE: Friday, October 18, 1996
pr.s.nt for the Plaintiff, Ang.lo H. DiSt.fano,
was attorn.y Donald B. Owen, and present for the Def.ndant,
Cathy J. Distefano, was attorney Samuel L. Andes.
A divorce complaint was filed on October 31, 1994,
rai.ing grounds for divorce of irretrievable breakdown of the
marriage. The complaint did not rai.e any economic i.su... On
August 6, 1996, the Plaintiff filed an amended complaint rai.ing
the economic claim of equitable distribution.
In response to the divorce complaint the D.fendant
filed an answer and counterclaim. In her counterclaim the
D.f.ndant rai.ed the economic issue. of equitable di.tribution,
alimony, alimony p.ndent. lite, and counsel f... and .xp.n....
Coun..l have advised that the partie. will sign and
file affidavits ot consent prior to the h.aring to be scheduled
so that the divorce can pr.oceed under Section 3J01(C) of the
Dom..tic Relation. Code.
eeparated
children,
22, 1976.
The parties were married on July 15, 1972, and
in January 1994. They are the natural parents of two
Dean A., born June 4, 1974, and Dana K., born October
Both children are emancipated.
with r.spect to wife's alimony claim, couns.l have
indicat.d that th.re will be an i.sue with resp~ct ~o marital
misconduct as that factor r.late. to wife'. alimony claim. Wife
claims that husband was engag.d in an extra marital affair while
the parti.s w.r. living together; hu.band deni.s that any
relationship with a female occurr.d until after the part i..
separat.d. The Ma.ter will schedule a .eparate hearing on that
issu. and counsel are directed to advise each other at least two
weeks prior to the hearing of the witne..es who will be call.d
to t.stify at that hearing.
Husband is 46 years of age and resid.s at 2908
.
Westbury Court, Apartment 803, Camp Hill, Pennsylvania, with a
fe.ale friend. He is a high school graduate and is retired from
the Navy. He is currently receiving a net retirement check
monthly which includes a deduction for survivor's benefits of
$1,507.00. He is employed at the Pennsylvania Nurses
A.sociation as an administrative assistant and has a net monthly
income from that employment of $1,256,00. The total monthly
income of husband, therefore, is $2,763.00. It is noted that
the pension benefit is marital property and wife will be
entitled to receive a share of that benefit as part of her
equitable distribution, which will, of course, affect the
computation of husband's monthly income. Husband has not raised
any health issue.. Husband is currently paying to wife through
the Cumberland County Domestic Relations Office the sum of
$640.00 per month as spousal support.
Wife is 43 years of age and resides in the marital
residence at 108 East Clearview Drive, camp Hill, pennsylvania.
The daughter of the parties occasionally lives with wife at the
residence. wife is a high school graduate and is employed at
the country Meadows retirement facility as a personal care aide.
Her net monthly income is $1,192.00. Wife has not raised any
health issues.
The parties own the property at 108 East Clearview
Drive, Camp Hill, Pennsylvania, where wife is residing. Mr.
Terry Freeman appraised the property recently at $103,500.00.
The property is subject to a mortgage in favor of Midland
Mortgage company. As of February 1996 the balance due on that
mortgage was $83,378.00. Wife, because of financial
contraints, has been unable to make the mortgage payments since
February 1996 and the mortgage company has indicated that they
will not reinstate the mortgage unless the mortgage is brought
up to date. Counsel have a hearing scheduled for Monday,
October 21, 1996, to deal with the mortgage issue. The monthly
mortgage payment is $855.00.
Mr. Owen currently has in his possession a check
representing the net cash proceeds from the sale of the parties'
California real estate in San Diego. The check is for the sum
ot $70,139.56. Without getting into the reasons why the check
has not been endorsed by the parties and placed in an escrow
account, the Master has indicated that he recommends that the
parties endorse the check and immediately begin earning interest
on the money and that either party who is not cooperative in
endorsing the check will be charged with the interest that could
have been earned on that check from today's date to the date of
distribution.
.
Counsel have advised that they will distribute
husband's pension by way of a Qualfied Domestic Relations Order
and the Master has indicated that not only do we need to
consider the share of the payments that wife would have been
entitled to receive since the retirement benefit went into
effect but also we need to consider how the survivor benefit
will be paid out of the monthly payment. Counsel have
apparently agreed on the coverture formula although the
percentage of distribution has not been resolved.
The household furnishings have been distributed
between the parties and each party will be entitled to retain
what is in his or her poss~ssion. Counsel have agreed that we
will not use any numbers for value in the equitable distribution
computation. Likewise, the vehicles of the partie. will not be
valued and will not be considered in the equitable distribution
computation. Wife has in her possession a 1985 Chevrolet Blazer
5-10 and husband has in his possession a 1987 Chevrolet pickup
truck.
In addition to the mortgage in favor of Midland
Mortgage Company which has been discussed above, there are two
other marital debts. Both of the remaining debts are being paid
by husband, a debt to the Navy Federal Credit Union which had a
balance due at separation of $7,980.16 and a debt to the San
Diego rederal Credit Union which was reported on wife's
pre-trial statement as having a balance of $4,167.52; however,
the Master needs counsel to verify whether or not that was, in
fact, the balance at date of separation. The payment monthly
for the Navy Federal Credit Union debt is $342.61 and the
payment for the San Diego Federal Credit Union debt is $126.00.
The Master also requested counsel give an up to date accounting
of the balance due on the debt at the time of the hearing so the
Master is aware as to what th. principal ba'ance due and owing
on that debt is at that time.
A hearing is scheduled on the issue of marital
misconduct as that factor relates to wife's alimony claim on
Friday, January 3, 1997, 9:00 a.m. A hearing on the economic
issues and factors remaining is scheduled for Tuesday, January
28, 1997, at 9:00 a.m. Notices will be sent to counsel and the
parties.
E. Robert Elicker, II
Divorce Master
.
eel
Donald B. Owen
Attqrney for Plaintiff
8a.\lel L. AIld..
Attorney for Defendant
"
."NuaL L. A..D..
.... MIlT l';)al.OlIl
SAMUEL 1.. ANDES
ATTORNBY AT LAW
rtiolrt MONTH TWII:LI'TIt 8TH.aT
p, 0, BOX 108
LMMOYNE, PENNSYLVANIA 17043
nJ.I,1IOIf1
rnJl ,el'IMa
...
r",) ,el'14I)&
30 January 1997
E. Robert Elicker, II, Esquire
Office of the Divorce Master
9 North Hanover Street
Carlisle. PA 17013
RE: Distefano
Dear Mr. Elicker:
The above matter was scheduled for a hearing before you on 28 January
1997 and, as I told you, the parties reached agreement on all of the economic
issues prior to the hearing date. I enclose the original and a photocopy of the
property settlement agreement they signed that day. I ask that you file the originsl
with the court so it will be part of the Prothonotary's file. I also ask that you take
whatever steps are necessary to vacate your appointment as Master so we can
conclude a divorce by consent promptly.
Thank you for your cooperation.
Sincerely,
~ndes
Ie
Enclosures
cc: Donald B. Owen. Esquire
. '
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ANGELO H, DISTEFANO, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND COUNTY,
) PENNSYLVANIA
)
vs. ) CIVIL ACTION. LAW
)
) NO. 94-6204 CIVIL TERM
CATHY J. DISTEFANO, )
Defendant ) IN DIVORCE
DEFENDANT'S PRE-TRIAL STATEMENT
Defendant, by her attorney, Samuel L. Andes, files this Pre. Trial Statement in
accordance with Pa. R.C.P. 1920.33(b):
1. ASSETS. The assets of the parties, as known to the Defendant, are listed on
Exhibit A which is attached hereto.
2. EXPERT WITNESSES. Defendant does not intend to call expert witnesses at this
time. If the parties are not able to agree upon the value of the assets, she reserves the
right to call a real estate appraiser, a personal property appraiser, and perhaps an actuary to
assist in valuing the marital assets.
3. FACT WITNESSES. Defendant at this time intends only to call herself as a
witness. She reserves the right to call any additional witnesses which may be necessary to
rebut adverse testimony submitted by Plaintiff or his witnesses.
4. EXHIBITS. The only exhibits known to Defendant at this time are tax returns,
income verifications, and correspondence regarding the mortgages and the sale 01 the
California property.
5. INCOME STATEMENT. Attached hereto is an Income and Expense Statement
filed by the Defendant in the support action earlier this year which lists her income and
expenses. Those figures have not changed significantly since that time but an updated
Income and Expense Statement will be submitteo at the time of the final hearing in this
matter.
6. EXPENSe STATEMENI. See No.5 above.
7. PENSION INFORMATION. Plaintiff receives a monthly pension from his years of
service in the Navy. That pension is now in pay status and it is not necessary, therefore,
to appraise it or establish its value. Defendant proposes that the pension be distributed in
kind and, with the use of a Qualified Domestic Relations Order, that the parties each
receive a portion of the monthly payments as they are received in the future.
8. CQUNSEL FEES. Defendant has engaged Samuel L. Andes as her attorney and
has agreed to pay him an hourly rate of $150.00. At the final hearing, if necessary, an
itemized statement of his services and testimony in support thereof will be offered.
9. PERSONAL PROPERTY. Defendant believes the parties will be able to agree
upon a distribution of the marital property. If the event they are not, she would have those
items appraised by a competent appraiser of personal property and rely upon that
information to establish the value of the assets. To her knowledge, Plaintiff does not
desire to have those items returned to him and is content to let Defendant retain them.
10. MARITAL DEBTS. A list of the marital debts as 01 the date of separation as
known to Defendant is attached hereto as Exhibit 8.
11. PROPOSED RESOLUTION. Defendant proposes that she receive 60 percent of
Ii the marital property, including the house in Camp Hill subject to the existing mortgage, a
I
,
portion of the cash proceeds from the sale of the California residence, and 60 percent 01
the marltel portion of the Plaintiff's Navy pension. In addition to that, she proposas that
she be awarded an amount of alimony appropriate under the circumstances, after the
incomas of the parties Bra edjusted by the division of the pension benefits.
r-~ ~
S~ ~;des.
Attorney for Defendant
Supreme Court ID 17226
525 North 12th Street
Lemoyne, PA 17043
(7171761-5361
I
I
I
,
EXHIBIT A. MARITAL PROPERTY
DATE OF MARITAL AMOUNT OF
ASSET VALUE VALUATION PORTION LIENS LIEN
Residence at 108 Clearvlew $95,000.00 7/96 100% 1st $43.378.55
Drive, Camp Hill, PA (est'dl mo,tgage to (6/96)
Midland
Mortgage
Company
Cash p,oceeds from sale of $70,139.57 5/96 100% None N/A
California residence
Husband's pension from U.S. Unknown 92% None N/A
Navy (This asset need not be
valued because It has
reached pay status. Afte,
the survivor's annuity
deduction, the pension Ilays
approximately .1,515.00 net
of taxes per month)
Miscellaneous items of $3,000.00 6/96 100% None N/A
household furnishings and (est'd)
other tangible pe,sonal
proparty
1985 Chevrolet Blaze, 5.10 Unknown NIA 100% None N/A
1987 Chevrolet pickup truck Unknown NIA 100% None N/A
I!
Ii
I,
Ii
!i
(f;5
INCOME AND EXPENSE STATEMENT OF
Co. fh y J ~JJ.!~-LLfO.no....____ ,- , f1
SSN_ SS",~.._.!Y~..~.._.DRH.~}Itt.'fr...._._DATE IY:}j.f~?;, ,
TIllS STATEMENT MUST DE FILLED OUT
(If you arc self.employed or II you arc salaried lly a husiness 01 which you arc owne, In whole or In pa,I, you must
also 1111 oul Ihe Supple menIal Income Statemenl which appears on Ihe 1051 page 01 Ihis Income and Expense
Statemen!.l
INCOME
(al Wages/Salary I Ph,J& '737- OlOo.J
Employer & Add,ess _(!tu.f\+ry lI'!eq4ows 30.5 S, ~ f-~d~~lI1l1 Rob, /llwC\ WI ;c.~'jll,u~~"10S6'" _
Joll Tllle/Descrlplian fu.sQ)1....' C'..a "" t...:.d.L
Pay Period (weekly, Ilj.weekly. monlhly) .....bi:~~!&~~
Gross Pay per Pay Pe,iod """"""""""............"""""""".".....""""",,,..,,....,,......,,............................. $ uS CI!::QQ
Pay,oll Deduclions:
Federal Withholding "...""..."..,,$ 100,00
Social Security ........,.."""."""...$ S'n. ()(')
Local Wage Tax """"".""""."",,$ ,. OD
Slale Income Tax "'" ,,,,,,,...,,,,$ a o. 0 ()
Reliremenl ,,,,,,,,,. , . ",$~
Health Insu,ance "". " $--pf4,
Olher (specify) .""", .,,"$....i.a..~.1leMe.'
.$ ---L.aLLs...CJ..z.....
",S--'O.oo a.~T~
Nel Pay pc, Pay Pe,iod
"..,.""""""......."".""...""."..'''''~ S SIJ. 0.0 )
-- ,,-
~ Monlh Year--
L..d2. S.._d!. )6' %
$-- $
$ 0'/.5.0D $ ;). ~o()
.
$_ $
$ __u_~_.___.. $.
$...... ...." . S
S..____...._____ S
S... $__
(b) Olhe, Income ~Week
Inleresl/DiYldends" " . S.__......_~...____...
Pension/Annuity"""""" s-.1JI/.J.1-~---
Social Secu,ily '''''" """""" "s_.II.M-
Renls/Royaltles '" """"S--AJ.J;4
Expense Accounl " . ",,,,,S~/A .___
Gifts ",.,,,,,,,$--.A1I~-----_.-
Unemploymenl Compensalion ,S-filL4._~.n "__"_.
Workmen's Compensalton. "s..N.M_..... _____ .
Tolal. Olher Income,
$.NJ,;{.....
$.._
s ......_____......
'''COME A"D EXPE"SE SIIITEME'" Of
I\lVIII.,. lI'allho slal<<:menl$ madt.! In It.." InCOlllp. 11I1I: E .~J(:n:w Stale
menl ate "ue and C(lfft~CI lunderSland Ih.:JII"I~,c :H,ll('nlt.!lll~i tU.!'l'lll
a', ma<lc oublCC' 10 It,c pcnd"'.o. 01 16 Pd C~:' 49(j.l~el <J II,)
tJlJ!lwOIn Id'::llca~n 10. .:JUIlII)IIIIIfC, ~~ff ..
Do", //.~.J/ 9~ c.:1 ~. /~"M
11("llr)Cle~~/i
I . .~_
U/lO '40~
I'
/
~ , \ q (p HOU5CllOld
\\'V"/ Wcck
EXPENSES
HOt~~~~Rent .......................................,
a nanco ....................,..................,..'
Utili lies (lelephone, healing
eleclrlc, elc.) ........,............................... $ ---
Employment (lransporlatlon,
lunchesl .........,..,................................. $ ....,.-..--
Taxes
Real Estate .,.. .........,.............................
Personal Properly...................................
Income ................................... ..................
Insurance
Homeowners ......,...................................,
Automobile ..............................................
llle/AccldenllHeallh ..............................
Olher ........................................................
Automobile (payments, fuel,
Medl::~a~~s~ r "iir~p r..... 0:.."..... r~;;:~'S' "$'6',].
Docto, entis rlhodonlls ..............' $ _._. ....._"._.
Hospital,....... ....,................................, $ __,,_........_
Special {glasses, b,aces. elc.) ..........,.... $.. _ _ __.._
Education
Private. Parochial School,...................,..
College ................. ......................
Pe,sonal
Clolhing .......... , ........,.........
Food ........... . .......... ...., .....
Olhe, (household supplies,
barbe" etc.l ,...... ....,.....,....'......,..........,
C,edit payments and loans ......,............'
Miscellaneous
Household help/child ca,e ......'
Ente'tainment{inc papers.
books. vacalton. pay TV. elc.l
Gifts/Charilable cont,ibulions .
Leg:lIFees.
Othe, child support/alimony
payments .. .......
Othe, Ispecily),(O (( '1 dro n~ffr..,
Total Expenses
$
$
$ --- --.".-
$ - ..-...--.--
$ .
$ ---
$
$
$-
L
$ -.---..-
$ -.....-...-..--
$ -..."....-.-.
$ .--.--
$ ---
$ ......
$
$
L
$.
$ .....
L.
Child
Weck
$ ----.-
$ -----.
$___
$ ...--"--
$--..--..
$
$ ---...
$
$
$
$
$
s ____
$
$_.
$____
$.
$
$
$---
s _ __'__'
.
Ilousohold
Month
Child
Month
$.9S5.9
$
$ -----
$..
$.3{)O'O~ $
$ ....df.UJf? $ ____. --..-.
$ $ _..---
L $
$ $
$ $
$ ,('I.eX> $
$. $
$ $
$ . .....
S. ..____
$_-_...
$_-_.
s..laD.OQ $__.__.
s 3Qo.!,oO $__..
s ... 30.60 Y-l ___y
s.D7 00, tV /$j C,-r
s _1':2.0- 00 $_..
$ s C.QL~Q $ ..
$ ------..-- S ~. a.. a d:20 $ ...-
$ -..--.-....-.. S ~._-_.. ---- S _4_'~_
$ -_......-... s ..f~q~ $ ._'--'~'
$ ---~-- $ $ --.-..--
$ --- _n..__ - S d/ 3ilDSJ $ .-.'-
PROPERTY OWNED Ooscrlpllon
Checking Accounts ........ j,l!.J I1IQ.LC.\-'i1~\:."Oj-j\~('(';,.,(\\.
Savings Accounls ........... R t.~" \ Cl. ~ !;: "".... '. "'J<: \\~c..{)", 'I\\-
Credit Union ......... ..........
~-----
Slocks/Bonds ................... ~! A
Real Eslate ....:......:..:................:::..l5 11.0 ~r'llt\..h. ~l<q,."r6'.L>IQ~..la.al'J
...................... \ o'!. E..\~\~~~~~~;J~.O:.mflIiLO
Olher ::::::::::::::::::::::.'::::::::: .~:.:..:.~~tfl~t~"~~<; _
Tolal, Property.....................
INSURANCE Company
Hospital........................... {t\,,\"'\(\.t''f ~"'(\""~Il5
Medical ............................-<<'\' \ ,\-c. '1''1 ~~(\ "" ~II<:
Heallh/Accldenl ..............
Dlsablilly Income '...........;--r " ."
Other (dental, elc.) ,...ff\:, \ ~ -\.c."l' ~H_ \'0.. U~ '/\-\.0,.\
('H . Husband, W. Wife, J . Joint, C. Child)
Value
$ _100.00
$-..
$ 5",00
$
$---
$
$---
$-..-
$ .LS:121 OM>
$ _l~Cl.O.o...
$~#n......
$ ~.fi1> D
$
Polley No.
SUPPLEMENTAL INCOME STATEMENT
Ownership'
tl W J
_L_
v'
--....--
- - -----:-r-
_ _ --'L-
=\r=
V
-.1\; &."" .l5~noo
coverage'
!f~*
d- \/
.
L
A. This form must be filled out by a pe,son who (check one):
_ (1) operates a business or practices a profession; or
__ (2) Is a member of a parlnershlp 0' joint venture; or
_ (3) is a shareholde' In and is salaried by a closed corporation 0' simila, entity.
B. Altach to this slatemenl a copy of the lollowing documenls relallng 10 the business, p,o'esslon, pa,tne,ship,
joint ventu'e, corporation or simila, entily.
(lllhe most ,ecenl Fede,allncome Tax Return, and
(2) the most recenl Prolil and Loss Statement.
C. Name and Address 01 business: ____.__.
________._.________.~_.._..____ Telephone Numbe, ___
O. Name and Address (if different than C) of accountanl. conlroller 0' othe, person In cha'ge of financial
reco,ds: _. ._..________________.._____ __..___ _ ..__.._....__._ .----... .....-. - ..-......-----.-..-----... .
..~---_... --- -------- --.--------."--------
E, (1) Annuallncornc Irom business .........
(2) How olten is income received?
(3) Gross income per pay pellod ......
(4) Nel Income per pay period
(5) Specific deduclions ., any
....... $---..-....-....
,,,,,.,,"..,,... $. .____._n
. ""...' ...." $.-----------...--
. ...".."".. ,,'.. $.---.--..--
.".... $._._..___.____._
.............. .......,.,.........."..,... ..""".,."
._-
'(!l~ .&adow.r~ e/ 1fJesb JlwlY!/.;tO; ][
355 S. SPORTING HILL ROAD . MEC~ICSBURG. PA 17055
Telephone (717) 737.2002
Fox (717) 737.3186 .
MEMO
TO: Cathy Distefano
FROM; Joline Tucker
Office Manager
DATE: December 26, 1995
RE: Your pay from 7/1/95 to present.
The following list represents pay checks you have received fron
Country Meadows from July 1, 1995, to the present:
CHECK DATE GROSS PAY NET PAY
D7/14/95 $1,007.36 $747.59
07/28/95 558.77 425.36
08/11/95 619.76 470.15
08/25/95 559.76 426.08
09/08/95 848.00 637.77
09/22/95 716.18 540.97
10/06/95 704.18 532.15
10/20/95 621.73 471.59
11/03/95 788.97 594.41
11/17/95 774.36 583.70
12/01/95 715.93 541.16
12/15/95 757.65 571.42
TOTALS $8,672.65 $6,542.35
-
19tunedamJ ~lU,jIW ,%,."IN //oo&Ywr /}((Jftje .It:.r<<ulerantl ,'T~
.MlI, .&fi'/iatulllJilh .rem/v .I~;UlfU!9' .WOIlIa.
111111I\
,01
COUNTRY MEADOWS OF WEST SHORE II
HIC>lANICIIUlG'l 11011
56-04-1411 S 0
v
&2.51
12.30
112.20
13.74
1.41
.13
IIEG
Tl
J DI5TEFANO
17.&0 7,170 611.63
la.60 1&1.31
I i)", "
.r
717 . 53 GIIOII
117,'*
1211,02
324.01
11&.74
12.73
10.00
lit
a
841.00
~j'~ I U"j1\I~ ,., <.',W> , /" if"
. I Ilr I ,. . '''.1 . .
I, 1-1; 1 ~ I) 5,1, I, l
210.23
631.77
'AY ITATI.NT
'01
COUNTRY MEADOWS OF WEST SHORE II
HICHlNlaaUlG'l 11041
531.10
20."
f1Y\" ') ~(' '.i
115. OS GROll
155.51
1115.12
300.35
107.21
11.10
10.00
10721.73
551.71
133.11
421.01
559.7&
WP"''''fWiH. 'P"''"'l'~Ill'~
W It! J. I 1 ~' ,'t~V~
, 111I11
'AY ITAU.NT
MICHANICSIURG'A 110U
COUNTRY MEADOWS OF WEST SHOAE II
,01
,"j.,
, , :;~
ATHY J DISTEFANO
51-04-1411 S 0
'AV
34.14
1.10
".12
15.1&
5.51
.11
:~.: :
REG
71.00 7.170 55.77
'~lff1~iJ."'Il'l"r l'~'t...~,1'
2503
1647.21 lit
a
133.41
426.31
551. 77
Illt!'""'.\,,~,. ""Y1" .. '" H1
'AY ITATI.NT
'11111
COUNTRY MEADOWS OF WEST SHORE II
ATHY J DISTEFANO
7.870
aI.IlS
1.02
71,21
17 .41
'.22
...
144.24 GIIOII
117.44
111111.a4
111.27
n'.I'
14.17
10.00
1110.14
471.51
u h" ~fWlfililbl
l I, 1 1 '~~a
f'jY'I"Yf'V ",' : ,,! "~bIt '
. !
PAY ITATI.NT
COUNTRY MEADOWS OF WEST SHORE II
704.18
Dil~-"ft'l<~~{.llrl
\U lL . fl'~!, j " I
621. 73
A THY J DISTEFANO 1156-04-1468 S 0
:: :1 ,i~ Y Y-T )I
REG 10.00 7.870 629.60 SOCSEC 43.66 105.69 GROSS 704. II 12811I.01
OTl 6.00 70.83 DCARE 10.21 "1.42 a
PAY AJ 3.75RFEDWH 90.63 1411.01
ST TAX 1'.72 363.16
TV TX 7.04 121.94
SUI .77 14,28
PT 10.00
IIII
REG
Tl
IlOL OIL
172 . 03
532.111
PAY ITA,..NT
M.CMANIC5IU"G'A 110U
COUNTRY MEADOWS OF WEST SHORE II
::"":~ :"
'1"
~:i'>,l:-:;:: e,'"
ATHY J DISTEFANO
556-04'1488 S 0
,.
44.40
10,38
82.43
20.011
7.16
.19
~,:.;., .;
.''''
71. SO 7 . 870 5&2 , 71
3,00 35.42
7.50 111.05
y.r.
782.03 GROSS
178.21
1380.48
344.14
122 . 90
13.52
10.00
71'. 11
12280.81
!.I[n'~~1
r 't I \ I
718.11
" \'''Ht"u'''IM
11>11 .f I .""'<1
It, ~ ." I I , t , I
175.21
540.97
PAY "loTI_NT
COUHraY MIADOW. Of WUT IHOM U
~ul.r houra 4~.~0 hours
,gular houra 22,~0 hour.
Icr~i.a 1,~O houra
"ubh t i.a 7 . ~O houri
regular $3~8.09
regular 222.08
overtime 17.71
doublatimeI18.0~
$7I~.93
44.39 Soci.l Security Tax
10.38 Madicare Tax
92,00 Fedaral Tax
20.0~ Stata Tax
,7,16 Local Tax
.79 SUI Tax
..~
).'
,\,"'1 II
., '\~-
, I:
'.j'
, ',:' ~
, .' 'I:
. .
$~41.16 Net
I "~
I 7~.~~~:":"A\iWIl.l.jili'.l.. ...i.<>.....;"~iIa..Ji;...ii..W~~..~.oi:.
.r_-"""'_~_~("
'11111
COUNTRY MEADOWS OF WEST SHORE II
I1ICH~HICIIU~G'A 170n
CO. NO.
,1<;:, .ii<'
'.. :h,'
556-04-146' S 0
TH 'AV
....01
11. 23
101.15
21.61
7.7"
.15
V.ToO
e..1. 17 GROll
220.11
17.3....
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COUNTRY MEADOWS OF WEST SHORE II
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ANGELO H. DISTEFANO,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. 94-6204
: CIVIL ACTION. LAW
: IN DIVORCE
va
CATHY J. DISTEFANO,
Defendant
.Q!!.Q.ER APPOINTING MASTER
AND, NOW,
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Esquire, Is appointed Master with respect to the following claims:
(X) Divorce
( ) Annulment
( ) Alimony
( ) Alimony Pendente Lite
(X) Distribution of Property
( ) Support
( ) Counsel Fees
( ) Costs and Expenses
BY THE COURT:
- Jjli_~~=-~- ~__-ll__'_-I-__l_J:
S!:!ImLLI,NG QF PRE-TRIAL HEARING CONFEREg
And, NOW, this
day of
. 1996, the Pre-Hearing
Conference is scheduled for
--------------.-----------,
., at M,. in the Divorce Masters Office.
9 N. Hanover St.. Carlisle. PA 17013 The parties and the attorneys will
anend and discuss anticipated issues and selllement of some or all claims, Any
request for a continuance should be made to the Divorce Master more lhan three (3)
days before the date of the Pre-Hearing Conference.
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10fJ1194 . Complaint In Divorce flied- 3301 (c)
11102194 - Service of Complaint by Certified Mall P 830-374-759
04111196 - four party conference In an attempt to resolve Issues
without filing a motion lor a Master's hearing
III.
!.UICMd..JLExhlblt "A"
IV. ...DeIBI...YtI.
Plaintiff, reserves the right to have appraiser testify (Lynn Baker) If
value of the Pennsylvania home is not agreed upon. Wile had agreed to
lI.t the property with C-21 Walak and Associates approximately three
weeks ago but has broken two listing appointments
V. IIW.I1II
See attached Exhibit "B"
VI.
See attached Income Statement marked as Exhibit "C'
VII.
.... ",'
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ALD B. OWEN, Esq.
Attorney for the Plaintiff
105 Mt. View Dr.
Enola, PA 17025-1535
(717-732-3552)
Supreme Court 10' 15508
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ANGELO H, DISTEFANO. ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND COUNTY,
) PENNSYLVANIA
)
vs. ) CIVIL ACTION. LAW
)
) NO. 94.6204 CIVIL TERM
CATHY J. DISTEFANO, )
Defendant ) 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
foregoing pages, you must take prompt action. You are warned that if you fail to do so, the
case may proceed without you and a decree in divorce or annulment may be entered
against you by the court. A judgment may also be entered against you for any other claim
or rftlief requested in these papers by the plaintiff. You may lose money or property or other
rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available in
the Office of the Prothonotary at:
Office of the Prothonotary
Cumberland County Court House
Carlisle, Pennsylvania 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S
FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE
THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator, Fourth Floor
Cumberland County Court House
Carlisle, Pennsylvania 17013
Telephone: (717) 240-6200
-..
-'
ANGELO H. DISTEFANO.
Plaintiff
I
)
)
I
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)
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)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
CATHY J. DISTEFANO,
Defendant
NO. 94-6204 CIVIL TERM
IN DIVORCE
ANSWER AND COUNTERCLAIM
AND NOW comes the above. named Defendant, by her attorney, Samuel L. Andes,
and makes the following Answer and Counterclaim to Plaintiff's Complaint.
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Denied as stated. The Plaintiff is no longer in the military service.
7. Admitted.
8. Defendant requests this Court not enter a decree in divorce until all the
WHEREFORE, Defendant prays this Court to enter a final decree only after resolving
the economic issues between the parties.
COUNTERCLAIM
COUNT II. EQUITABLE DISTRIBUTION
9. During the course of the marriage, the partios 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.
_t.,
-
~
WHEREFORE, Defendant prays this Honorable Court, after rAquiring full disclosure by
the Pleintiff, to equitably divide the property, both real and personal, owned by the partiea
hereto as marital property.
.c.mJ.NT III . ALIMONY
12. Defendant lacks sufficient property to provide for her reasonable needs in
accordance with the standard of living of the parties established during the marriage.
13. Defendant is unable to support herself in accordance with the standard of
living of the parties established during the marriage through appropriate employment.
14. The Plaintiff is employed and enjoys a substantial income from which he is able
to contribute to the support and maintenance of Defendant and to pay her 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 she has become
accustomed during the marriage.
Ii
II the pendency of this action.
1
COUNT IV . ALIMONY PENDENTE LITE
15. Defendant is without sufficient income to support and maintain herself during
:'
II 16. Plaintiff enjoys a substantial income and is well able to contribute to the support
and maintenance of Defendant during the course of this action.
I
COUNT V - COUNSEL FEES AND EXPENSES
17. Defendant is without sufficient funds to retain counsel to represent her in this
matter.
-
.~
18. Without competent counsel, Defendant cannot adequately prosecute her claims
against Plaintiff and cannot adequately litigate her rights in this matter.
19. Plaintiff enjoys a substantial income and is well Dble to bear the expense of
Defendant's attorney and the expenses of this litigation.
WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal
fees and expenses incurred by Defendant in the litigation of this action.
I verify that the statements made in this Answer and Counterclaim are true and
correct. I understand that any false statements in this Complaint are subject to the
penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities).
DATE: /5' CL 'r-11~
<T
CA
~
Sa IL.An~
Attorney for Defendant
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
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ANGELO H. DISTEFANO,
Plaintiff
va.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. 94-6204 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
CATHYJ. DISTEFANO,
Defendant
COUNT 1
Request for a No-Fault Divorce Under Section 3301 (d) of the Divorce Code
1. Plaintiff filed a complaint In divorce on 31 st day of October 1994
requesting a 9O-day no-fault divorce under section 3301 (d) of the Divorce Code.
2. More than two (2) years have elapsed from the date of separation in
January of 1994, during which time Plaintiff has continued to live separate and apart
from the Defendant.
3. Plaintiff has been advised of the availability of marri6ge counseling and that
the Plaintiff and Defendant have the right to request the Court to require the parties to
participate in such counseling.
WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of
Divorce, pursuant to 3301 (d) of the Divorce Code,
#.
'.
~
Request for Equitable Distribution of
Marital Property Under Section 3502 of the Divorce Code
4. Plaintiff and Defendant have acquired personal property and reel estate
during their twenty-two (22) year marriage from the date of said marriage (7/15"2)
until their separation in January 1994.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to
enter an Order distributing all of the aforementioned property, real and personal, as
the Court may deem equitable and just.
Respectfully Submitted,
~J~€{J
B. OWEN, squire
'15508
Attorney for the Plaintiff
105 Mt. View Dr.
Enola, PA 17025.1535
(717) 732-3552
-
DATE:
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SAMUEl. 1., ANDES
ATTOHNBY AT LAW
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LBMOYNIS, PENNHYLVAN')A 17043
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1 August 1 996
'AX
Inll '.Ho6all
E. Robert Elicker, II, Esquire
Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: DiStefano
Dear Mr. Elicker:
Enclosed you will find a Counterclaim I have filed on behalf of Mrs. DiStefano
in the above matter raising all the economic claims.
The parties have been separated for two years or more and the matter is
ready for litigation. Please set a time for us to file the pre-hearing statements.
Thank you for your cooperation.
Sincerely,
sam~es
lag
Enclosure
cc: Donald B. Owen, Esquire
SAMUEL L, ANDES
ATTORNEY AT LAW
r\a~ NOIITH TWI!:L"H 8TN..T
".0, BOX lull
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LBMOYNB, PENNSY1.VANIA 17043
8 August 1996
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E. Robert Elicker, II, Esquire
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: DiStefano vs. DiStefano
Dear Mr. Elicker:
Enclosed please find the Pre-Trial Statement of the Defendant, Cathy J,
DiStefano, which I file in the above matter.
Sincerely,
&L. Andes
Ie
Enclosure
cc: Oonald B. Owen, Esquire
....
. '
'.
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ANGELO H. DISTEFANO,
Plaintiff
vs.
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNS YL VANIA
CIVIL ACTION - LAW
CATHY J. DISTEFANO
Defendant
NO. 94-6204 CIVIL TERM
IN DIVORCE
2B.1!lB
~ (11 A. r
AND NOW this Ij) day of -I-f'lJ '/;,,,y , 1996, upon
consideration of the Petition for Emergency Relief, a hearing in this matter has been
scheduled for )!'./Hlti'1/' the j j ) I~ay of -6~~( ~ 1) jJ.J? .A 1996 at
to) , (j ..,'
0<. 1-1) o'clock -f m. in Court Room No. _:'J of the Cumberland County Court
House in Carlisle, Pennsylvania.
J.
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B. The sum of Seventy Thousand One Hundred Thirty-Nine and
"/100 ($70.139.57) Dollars, which represents the proceeds of the sale of a
residence owned by the parties in California and which is currently in the
fonn of a check, payable to both Plaintiff and Defendant, which check is in
the possession of their counsel.
4. Defendant has resided in the residence at 108 E. Clearview Drive since the
separation of the parties. Because the Plaintiff paid spousal support due to her, pursuant
to an Order entered by this Court through the Domestic Relations Office, Defendant
made the monthly installment payments on the Midland Mortgage which encumbered the
property.
5. In January 1996, when the Plaintiff separated from the military service and was
without his regular income, the Support Order entered by this Court was dramatically
reduced until May of 1996, when the Plaintiff obtained new employment and the Order
was increased to more than $600.00 per month.
6. As a result of the temporary reduction in the Support Order, Defendant was
without funds required to pay the installments on the Midland Mortgage against the
Clearview Drive property for the month of February through May of 1996. Although the
Support Order has been reinstaled, she is not now able to make the monthly installments
on that mortgage because the Midland Mortgage Company will not accept any monthly
installments until all of the back payments are paid in full and the mortgage is reinstated
IS jf those payments had not been missed.
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7. Defendant is currently without the income 01' other cash resources to reinstate
the mortgage payments.
S. The parties have adequate funds from the proceeds of the sale of their
California real estate, to pay the back installments on the mortgage and reinstate that
mortsage.
9. Midland Mortgage Company has advised Defendant that it intends to proceed
with foreclosure if the mortgage is not fully reinstated immediately.
10. Applying a portion oflhe funds held by the parties in escrow to reinstate the
mortgage on the Clearview Drive property will prevent the loss of that property at
foreclosure and will preserve their valuable marital asset.
11. Defendant, who resides in the Clearview Drive property, will suffer
immediate and irreparable harm if that property is lost at foreclosure.
WHEREFORE, Defendanl prays this Court, after hearing, to order and direct the
parties to extend whatever portion of the funds now held in escrow by them, and
representing the proceeds of the sale of their California real estate, to reinstate the
mortgage against the Clearview Drive property.
~~~
el L. Andes
Attorney for Defendant
Supreme Court ID 17225
525 North 12th Street
Lemoyne, P A 17043
(717) 761.5361
F1l~D-OFFICF.
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PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ~ day of (k...."'~1 1997, is by and
between:
ANGELO H. DISTEFANO, of 2908 Westbury Court, Camp Hill, Pennsylvania, party of
the fil'st part, hereinafter referred to as .. Husband"; and
CATHY J.. DISTEFANO, of 108 East Clearview Drive, Camp Hill, Pennsylvania, party
of the second part, hereinafter referred to as "Wife."
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been married on 15 July
1972 in Oceanside, California, and are the parents of two adult children, Dean A. Distefano
and Dana K. Distefano;
WHEREAS, certain difficulties have arisen between the parties hereto which have
made them desirous of living separate and apart from one another and Husband has initiated
an action in divorce against Wife filed to No. 94.6204 Civil Term before the Court of
Common Pleas of Cumberland County, Pennsylvania;
III WHEREAS, the parties hereto, Wife being represented by Samuel L. Andes, Esquire,
I .
II and Husband by Donald e. Owen, EsqUire, have each exchanged full and complete
II information as to the property, assets, and liabilities owned and owed by each and have
II disclosed to each other and to their respective attorneys full information as to the financial
,I
Ii status of both parties hereto; and
'.
II WHEREAS, the parties hereto have mutually entered into an agreement for the division
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:: of their assets, the provision for the liabilities they owe, and provision for tho resolution of
I[ their mutual differences, aftor both parties have had full and ample opportunity to consult
Ii with their respective attorneys, and the parties now wish to have that agreement reduced to
il
!i writing.
1
NOW. THEREFORE, the parties hereto, in consideration of the above recitals, tha
mutually made and ~o be kept promises set forth hereinafter, and for other good and valuable
considerations, and Intending to be legally bound and to legally bind their heirs, successors,
assigns, and personal representatives, do hereby covenant, promise, and agree as follows:
1. The parties acknowledge that real estate they owned in San Diego, California,
I has been sold and that, after certain funds were disbursed by the mutual agreement of the
I parties, a balance remains from those funds, held in an interest-bearing escrow account by
II Husband's attorney, in the amount of approximately $57,643.41. The parties agree that
I they shall pay, a~plY and distribute those funds as follows:
A. They shall disburso sufficient funds to pay the final balance on the
following debts, for which the estimated present balance is set
forth:
Visa Credit Card
San Diego Federal Credit Union
Navy Federal Credit Union
Montgomery Ward credit card
$2,591.00
$2,352.00
$3,637.00
$633.72
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B. The sum of $8,200.00 shall be distributed to Husband as partial
reimbursement for marital debts he has paid since separation.
C. The sum of $2,000.00 shall be paid and distributed to Wife as
compensation for dental and medical bills she has paid, or still
owes, for dental and medical bills fo, herself and one of the
children.
The sum of $2,036.00 shall be paid to Midland Mortgage
Company, to be applied against the back payments due on the
D.
E.
mortgage which encumbers the parties' property at 108 East
Clearview Drive in Camp Hill, Pennsylvania.
The balance thereof shall be distributed equally between the
parties.
2
The parties end their counsel shall cooperate to make the payments and distributions set out
above as promptly as possible and Husband's attorney is hereby authorized to make such
payments and distributions from the funds he holds without further authorization from the
parties.
I 2. The parties acknowledged that they have entered into an agreement for the sale
I' of their residence at 108 East Clearview Drive in Camp Hill, Pennsylvania, and that they
anticipate the net proceeds of that sale, after payment of the liens against the property, will
be approximately $5,000.00 or less. The parties agree that they will fully cooperate to
complete that sale and, upon receipt of the net proceeds from the sale, shall divide those
proceeds equally. In the event that the current agreement of sale does not result in a sale,
the parties agree that they will cooperate in efforts to sell the property and, upon such sale,
I will divide the net proceeds equally at the time the proceeds are received.
! 3. Notwithstanding the distribution of the net proceeds of the real estate owned by
!,
II the parties in both San Diego, California, and Camp Hill, Pennsylvania, the parties shall
]1. report equally any and all capital gain or taxable gain from the sale of either property and
'each shall be responsible to report and pay tax on one.half of such gain, if any.
i
:1 4. The parties acknowledge that they are parties to a support action pending before
;: the Court of Comml>n Pleas of Cumberland County to 218.S-96 (DR #23,644) and that
~ .
:' Husband is currently obligated to make payments to Wife under that order in the amount of
I: $640.00. The parties further acknowledge that an arrearage has accrued under that order in
the amount of $2,036.00 as of the end of November, 1996. The parties agree that Wife
shall cancel and forgive the arrearage of $2,036.00 upon payment of that sum to the
mortgage company in accordance with Paragraph 1 (D) hereof. The partias further agree that
.' Husband shall, prior to the end of January, 1997, pay in full the payments of $640.00 each
i for the months of December, 1996, and January, 1997. The support order shall then be
'I suspended effective 1 February 1997 if Husband arranges the allotment of $829.00 from
: his pay as rflquired by Paragraph 5 hereinbelow. Upon the divorce of the parties, the
ji support action shall be terminated,
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5. The parties acknowledge that Husband, as a result of his service on active duty
in the United States Navy, is the recipient of Navy retirement payor pension which currantly
pays him approximately $1,914.00 per month before taxes or other allotments or
deductions. The parties agree that they will divide and distribute Husband's rights in the
pension by Wife receiving 46.4 percent of the gross amount of his pension entitlement after
deduction of the premium for the survivors' benefit plan. As an example and by way of
illustration only, the parties will divide his Cllrrent payment as follows:
Gross Pension Entitlement $1.914.00
LESS:
S8P premium
1$128.001
Bonefit subject to distribution
$1,786.00
Payable to Wife (46.4%)
Payable to Husband
$829.00
$957.00
I The percentages to be applied to the pension benefits shall continue regardless of any
II changes or modifications in the pension benefits or the survivor's benefit plan premium or
I deduction. Tho pension payments will continue at these percontages, without modification,
,
i as long as Husband lives and is entitled to collect pension payments. The parties further
II agree, with regard to that pension, as follows:
Ii
Ii A. Husband shall elect, irrevocably, the survivor's benefit plan in favor
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of Wife ~f;~ 1~~:Vid~ to he~' n benefits following his death
1-, - \ole (.., W..,). .
equal to percent 0 pension benefits payable to him
during his lifetime. Neither party shall take any action which will
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II
reduce, eliminate, or alter the survivor's benefit plan entitlement
for Wife without the mutual written consent of both parties. Each
party will notify and request, in writing, directed to the retirement
or other appropriate office, that the sllrvivors' benefit plan
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B.
continue for the benefit of Wife. Such request will be made within
sixty (60) days of the date of this agreement and each party will
provide a copy of their letter making that request to the other
party. In the event that ony further action by either of the parties
is required to obtain or continue that benefit for Wife, the parties
agree that they will promptly take such action.
Each party will report and pay income tax on their portion of the
pension and shall indemnify and save the other harmless from any
income tax liability which may result from their failure to do so.
The parties will cooperate with their counsel to obtain the entry of
a Oualifled Domestic Relations Order and any other order of court
or other document required to implement and complete this
division of Husband's said pension benefits and the survivor's
benefit plan provisions of this agreement. Neither party will take
any action in the future, without the prior written agreement of
both parties, to alter or change the distribution and division of the
benefit plan in this agreement.
The parties acknowledge that the division and distribution they
make in this agreement of Husbancj's benefits under the said
pension or retirement plan are fair, equitable, and in the best
interests of both of them in resolving their marital differences.
The funds to be received by Wife from Husband's retirement
pension are acknowledged by the parties to be the equitable
distribution of a marital asset and are not to be deemed, by any
person at any time, alimony and the payments shall not terminate
upon the remarriage or cohabitation of Wife.
c.
D.
E.
5
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F. Husband shall provide to Wife, within thirty (301 days of tha date
of this agreement, copies of his discharge documents Issued to
him at the time of his retirement.
The parties shall cooperate to arrange a direct payment to Wife of her portion of the pension
benefits as provided in this paragraph. Until such time as those payments directly to Wife
start, and starting as of 1 February 1997. Husband shall pay to Wife directly, or cause to be
paid to her through an allotment from his pension benefits, the sum of $829.00 per month
as a substitute for her receiving the pension payments directly from the retirement system.
The parties acknowledge these payments shall be treated as the equitable distribution of
their marital interests in the pension and that Wife shall be responsible to report those
payments as income and pay tax on them and, as a result, that Husband shall be entitled to
exclude those payments from his income for income tax purposes or to claim those
. payments as alimony for tax purposes.
I 6. The parties acknowledge that, during the marriage, they purchased a policy of
insurance through Surety Life, which policy accumulated a cash value. The parties agree
I that they will liquidate and cash in that policy and divide equally between them the funds
II received from the policy. The parties will make, execute, acknowledge and deliver any and
Ii all documents necessary to liquidate the policy and share the cash proceeds of the policy as
, 'b
I soon as pOSSI Ie. .
Ii 7. The parties hereto mutually agree that they have effected a satisfactory division
Ii of the furniture, household furnishings, appliances, and other household and personal
,-
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II property between them and they mutually agree that each party shall, from and after the
ii
Ii date hereof, be the sole and separate owner of all such tangible personal property presently
Ii! in his or her possession, whether said property was heretofore owned jointly or individually
,i by the parties hereto, and this agreement shall have the effect 01 an assignment or receipt
:i
ii from each party to the other for such property as may be in the individual possessions of
,
II each of the parties hereto, the effective date of said bill of sale to be contemporaneous with
Ii the date 01 the execution of this Agreement.
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8. The parties acknowledge that they are aware of the income, education, income
potential, and assets and holdings of the other or have had full and ample opportunity to
become familiar with such items. Both parties acknowledge that they are able to support
and maintain themselves comfortably, without contribution from the other except as
expressly provided for in this Property Settlement Agreement, upon the income and assets
owned by each of them. The parties hereby accept the mutual covenants and terms of this
I Agreement and the benefits and properties passed to them hereunder in lieu of any and aU
rights to support or alimony for themself, counsel fees, and alimony pendente lite at this
time and duri'lg any and all further or future actions of divorce brought by either of the
I parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever
any and all of their said rights to support for themself, counsel fees, alimony, and alimony
pendente lite during the pondency of or as a result of any such actions, as provided by the
Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in
the future.
II 9. The parties acknowledge that each of them have had a full and ample
II
il opportunity to consult with counsel of their choice regarding their claims arising out of the
II
II marriage and divorce and that they have specifically reviewed their rights to the equitable
II distribution of marital property, including rights of discovery, the right to compel a filing of
II an Inventory and Appraisement, and the right to have the court review the assets and claims
II of the parties and decide them as part of the divorce action. Being aware of those rights,
I
i and being aware of the marital property owned by each of the parties, the parties hereto, in
I
I consideration of the other terms and provisions of this agreement, do hereby waive, release
· and quitclaim any further right to have this court or any other tribunal equitably distribute or
,
i divide their marital property and do hereby further waive, release and quitclaim any and aU
I claim against or interest in assets now currently in the possession or held in the name of the
I
I other, it being their intention to accept the terms and provisions of this agareement in full
,
, satisfaction of all of their claims to the marital property of the parties and the equitable
distribution of the same.
7
10. Except as herein otherwise provided, each party hereto may dispose of his or her
property in any way, and each party hereby expressly waives and relinquishes any and all
rights he or she may now have or hereafter acquire, under the present or future laws of any
jurisdiction, to share in the property or the estate of the other as a result of the marital
relationship, including, without limitation, the right to equitable division of marital property,
I alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this
I Agreement, dower, courtesy, statutory allowance, widow's allowance, right to take in
intestacy, right to take against the will of the other, and right to act as administrator or
~ executor of the other's estate, and each will, at the request. of the other, execute,
I
I acknowledge, and deliver any and all instruments which may be necessary or advisable to
I carry into effect this mutual waiver and relinquishment of all such interests, rights, and
II claims.
I' 11 . Husband releases his inchoate intestate rights in the estate of Wife and Wife
Ii
il releases her inchoate intestate rights in the estate of Husband, and each of the parties
>I
II hereto by these presents for himself or herself, his or her heirs, executors, administrators, or
I, assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or
II her heirs. executors, administrators, or assigns, or any of them, of any and all claims,
"
Ii demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind
,lor nature, for or because of any matter or thing done, omitted, or suffered to be done by
II
I! such other party prior to the date hereof; except that this release shall in no way exonerate
'I
II or discharge either party hereto from the obligations and promises made and imposed by
il reason of this agreement and shall in no way affect any cause of action in absolute divorce
'i which either party may have against the other.
II
II 12. The parties hereto mutually represent to the other than neither of them has
i: incurred any debts in the name of the other not previously disclosed or provided for in this
]1
. agrllement. Each of the parties hereby represents to the other that neither one of them have
incurred or contracted for debts in the name of the other or for which the other is or would
"
II be legally liable from and after the date of the parties' separation. Both parties hereto
,
8
mutually agree and promise that neither will contract or otherwise incur debts in the other's
or joint names without the prior permission and consent of the other party hereto. Both
parties hereto represent and warrant to the other party that tney have not so contracted eny
debts unbeknownst to the other up to the time and date of this Agreement.
13. The parties acknowledge that this agreement is made in contemplation of the
conclusion by both of them of an action in divorce which has been filed or will be filed
shortly by one of the parties hereto. Both of the parties hereto agree that they shall,
contemporaneously with the execution of this agreement, execute and file with the Court an
affidavit of consent and waiver of notice, and any other documont reasonably required to
I promptly conclude the divorce action between them, Both parties agree that they shall
I accept the terms and provi!;ions of this agreement in full satisfaction of any claims they may
I have under the Divorce Code of the Commonwealth of Pennsylvania, including, but not
limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like.
14. The parties agree and acknowledge that the disposition made of their marital
i property by this agreement is a division of property, not a transfer or exchange, and the
!
I: parties agree to bear equally any capital gains tax imposed by the Commonwealth of
I!
:i Pennsylvania or the United States Internal Revenue Service as a result of such division and
I: to cooperate with each other fully in making, executing, and filing any and all tax returns or
:1 other documents, filings, or statements required to dissolve any tax questions or problems
i! raised as a result of this division of property.
"
I~ 15. In the event that any of the provisions of this agreement are breached or
11 violated by either of the parties, the other party shall be entitled to enforce this agreement
I,
:i by an appropriate action in law or in equity or to take any other action to which they are
II
!\ lawfully ontitled to enforce this agreemont or otherwise protect their rights. In the event
.; that such action is commenced by one of the parties and the other party is found to have
breached or violated any of the terms and provisions of this agreement, the party having so
violated or breached the agreement, shall be responsible for and shall promptly pay up.m
9
demand the reasonable attorney's fees incurred bV the other party to enforce their rights
hereunder.
16. This Agreement shall be interpreted and construed in accordance with the 'aws
of the Commonwealth of Pennsylvania.
1 7. If for any reason whatsoever any part of this Agreement shall be declared void
or invalid, only such part shall be deemed void and in all other respects this Agreement
shall remain valid and fully enforceable.
18. The waiver of any term, condition, clause, or provision of this Agreement shall
in no way be deemed or considered a waiver of any other term, condition, clause or
provision of this Agreement.
IN WITNESS WHEREOF, tha parties hereto have set their hands and seals the day
end year first above written.
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JAN , 9 IDflfJ!' J
.-?
ANGELO H. DISTEFANO,
Plainti ff
TN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
9"'. (,~(,'1
NO, ~li 6291. CIVIL TERM
TN DIVORCE
V.
CATHY J. DISTEFANO,
Defendant
CATHY J. DISTEFANO,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS - SUPPORT
218 SUPPORT 1996
DR 2,.644
V.
ANGELO H. DISTEFANO,
Defendant
IN RE; PETITION TO MODI FY ORDER
ORDER OLCOURT
AND NOW. October 8, 1997. 10:18 a.m,. upon the
defendant.s petition, both parties hove appeared in court and
reported that they have agreed upon the entry of this order, we
hereby order os follows:
1.
,
The plainti tf. Angelo H, Distefano. sholl pay the
defendant, Cathy J, Distefano. either directly or through on
allotment token out through his retirement pay. the sum of
$215.00 each month. commencing with the month of October. 1997.
Those payments sholl be mode within ten days of the first of
each month,
2. The plaintt f1. AngeLo H. Distefano. sholl pay to
the defendant. Cathy J. Distefano. to adjust bock pClyments not
mode pursuant to the property settlement agreement. the sum of
1100,00 per month for cl period of eIght months, commencing with
the month ot October at 1997, Those payments ~hall be made on
or about the lOth day of eoc~1 month rllrectly to Cnthy J.
Distefano. and the plointl ff sholl hovp the rig~lt ~o pr'epay
96-6204 Civil Term
Page 2
thDse at any time.
3. The parties are the owners of on insurance policy
issued by the Surety Life Insuronce Compony. They shall
promptly sign all documents necessary to terminate that policy
and the refund of the policy, which the parties believe to be at
least S250.00, shall be paid to and retained by the defendant,
Cathy J. Distefono,
4. The support order between these parties, which is
docketed to Number 218 Support 1995, shall be terminoted this
date and any and all arrearages or credits shall be canceled and
remitted. The future payments under this order shall be made
directly unless this court SUbsequently orders otherwise.
By the Court,
George
Samuel L. Andes, Esquire
525 North Twelfth Street
Lemoyne, Po. 17043
,For Cathy J. Distefano
Angelo H. Distefano
2908 Westbury Court, Apartment
Camp Hill. Po. 17011
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ANGELO H. DISTEFANO,
Plaintiff
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION. LAW
NO. 94.6204 CIVIL TERM
CATHY J. DISTEFANO,
Defendant
IN DIVORCE
PEJItlONTO MODIFY AND ENFORCE PRIOR ORDERSOf.THlS COURt
AND NOW comes the above-named Defendant, Cathy J. Distefano, by her attorney,
Samuel L. Andes, and petitions the Court to modify and enforce its prior orders in this
matter, based upon the following:
1. The Petitioner herein is the Defendant, Cathy J. Distefano, whose address is
111143 Nanroc Drive in Mechanicsburg, Cumberland County, Pennsylvania.
II 2. The Respondent herein is the Plaintiff, Angelo H. Distefano whose address is
II 1160 Flemming Drive in Mechanicsburg, Cumberland County. Pennsylvania.
II 3. The parties are formerly husband and wife having been divorced by a final decree
I[ entered to the above term and numbflr on 26 February 1997.
i 4. At the time of their divorcf., the parties executed a Property Settlement
Agreement which, among other things, divided and distributed husband's Navy retirement
pay. A copy of the parties Property Settlement Agreement is attached hereto and marked
as Exhibit A.
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5. Pursuant to the terms of the Property Settlement Agreement, this Court entered
a Qualified Domestic Relations Order on 26 February 1997. A copy of that QDRO is
i: attached hereto and marked as Exhibit B.
,
I.
6. After the entry of the QDRO, Plaintiff's retirement benefit changed and he failed
Ii to modify the payments he was making to Defendant. As a result, this Court, upon the
,
further agreement of the parties, entered an order dated 8 October 1997, modifying prior
. .
.
I
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orders of the Court and requiring Plaintiff to make additional payments to Defendant on
account of the Navy pension and other items. A copy of that Order is attached hereto and
marked as Exhibit C.
7. Plaintiff's pension payment has been modified several times since October of
1997 and Plaintiff has failed or refused to pay to Defendant the money he owes her as a
result of those changes. Specifically:
A. In January of 1998, Husband's Navy retirement increased by 2.1 %
becausa of a cost of living allowance. That increased Plaintiff's monthly
obligation to $846.40 for a period of three months(January thorough March of
1998) during which time Plaintiff paid Defendant only $829.00 each month.
As a result, Plaintiff owes Defendant an additional $52.20.
B. In April of 1998, the payment made to Defendant by the Navy
retirement center was decreased, without explanation, to $565.34. As a result
of that decrease, Defendant received only $780.34 per month for a period of
nine months (April through December of 1998) when she was entitled to
receive $846.40, or a short fall of $66.06 per month. As a result, Defendant is
owed $66.06 per month for nine months, or an additional $594.54.
C. In January of 1999, Defendant's payment from Plaintiff's Navy
retirement was reduced, without explanation, to $572.42, resulting in
Defendant receiving a total of $787.42 when she should have received
$846.40, for a short fall of $41.58 per month. As a result, Defendant is owed
that short fall for twelve months, for a total of $498.96.
D. Because the payments from the Navy retirement system continue to
be less than Plaintiff agreed to pay Defendant under the terms of their Property
Settlement Agreement, Plaintiff must pay to Defendant $256.58 per month in
the future.
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EXHIBIT A
\
PROPERTY SETTI.EMENT AGREEMENT
THIS AGREEMENT, rnudll 1I11~i
day 01
,1997, is by illl<1
betwllun:
ANGELO H. DISTEFANO, 01 2UOU Woslbury COUrl, Cump Hill, PennsylvlIIlHI, parly 01
the first parI. hereinafter referred 10 a~; "Husband"; und
CATHY J. DISTEFANO, 01 lOB LilSI CloUlviow Drive, Camp Hill, Pennsylvania. party
of thu sucond pari, hereinafter ruturrod 10 us "Wifo,"
WITNESSETH:
WHEREAS, the partios hemlo ill" hllsband illld will), having been married "n 15 July
1972 in Oce<1nside, California, and iIflllho parollls of two adult children, Deon ^. Dislelano
and Dana K, Distefano;
WHEREAS, cerlain difllclIllios lIi1v,: "nson Illllweoll Iho parlios herelo Wlll..!l havu
madu them desirous ollivlll!J Sllpillill" and UpMI Iioln ono another ami Husband I",,; illlti,ltUlI
an action in divorco aguinst Wil" hicd 10 No, U4 li204 Civil TOril! bllloro the COllll of
COllunOlI Pleas 01 Cumburlulld C(HlIlly. PUllIlsylvUlliu;
WHEREAS, Ihe parlies berolo, Wife bOIlI!J Illpresented by Samuel L. And"", Esquire,
and Husband by Donald B, OWOIl. bqlllro. Ililvo ouch oxc:lwngod lull and comph:lo
inlormation as In the proporly, assel". undlJatlllilillS owned and owed by each ,11111 have
disclosed 10 each othor anrl 10 111011 Il:spochvo illlolneys lull inforilHllion us III 1111: IUlilllclal
Shll\lS 01 both par lies herelo; ami
WHEREAS, tho parties Illlrulo IlavlllIHllllally enturml illlo an ilgrtlOll1enl \," Ille diviSIon
oltlleir ussots, tile provision for lho liabilities Illuy own, ilnd provision for the I""ollllion 01
lhClr mutual dlfforences, ..11m bOlh "arllll~; Ildve 11,,,1 full and alllple opportunily III I:on5ult
Willi Iheir respoclivtl alllll'lfIYS, "Ilfl Iho pal lies 1l0W wish 10 havo lhal a\)rOOIlI"1I1 ,wlllcml 10
wntll1g,
NOW. THEREFORE, 1111: ,,'II Ii":, llullllll, III o:IlI".ld",alioll 01 the ..hove rl",llab. th"
JIluluillly IIwdo dllll to h'l kupllllUlll"'US sol hllllllll:rt:llhlftlll., <IIld lor other tI""d '11"\ V<llllahlll
cOllsiclt:r..t1ons, alld IPh:lldlllU to b" Io:ually hOlIlI" illltI 10 h:oally 'lint! lheir hUH:" ~;UCCllssors,
asslUIlS, und Jlllrsonal rllpft)~)orlli.ltl\}l::i, do ItU,t:lIY COVtllldllt, P,OIlI15U, and ann:\; d~i lollows:
f)
!\
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,:
"
,; 1. The parties ucknllwllldoo Ihill rUlllu~tillt) thuy ownod in San Diego, l.ilhlorniu,
,
"
:1 has heen sold and Ihal, alter curtain hllllJ,; wuru dltihursod hy Ihe Illulualagreulllunlllllho
!,
!i parlios, II halllnco remuins hom 1111l~U lunds. huld III lIn Intorosl heurinu oscrow ilccounl by
"
il Husband's attorney, in lhe UlllCHlIlI lit ilPIHOXlIlHlluly $57,643.41. Tho porties illlrue Ihel
" lhey shall pay, apply and dislnhulll Ihll"u IUllds a~ follows:
A. They shall (lI~hu",,, "uffl<:1U1l1 lunds tll pay Ihe linal lJaloncu 1111 Ihu
lollowin{J duhl~" 1<11 which Ih" uslillHlled present balanco is :illl
forlh:
Visll Clodil emd
San DillOo f'udural Crudll Union
Navy Fudorul C,mlll I.Jrllorl
MOIlI(jomury Wmd c,udil cmd
$2,591.00
$2,352.00
$3,637,00
$500,00
B, The sum 01 $8,200,00 shall be distrihuted to Husband as pmlial
reimbursurllullt lor 1I1'IIIIal dolll~ he hilS paid since separalioll.
C. The sum 01 $:'!,O{)O,OO shallllU P,lICt alld (hstrilllrled III Wit" il~i
compollsaliulI lor dOlllill illld IIH:di':illllIlls sho has paid. or :.1111
owes, 10' clolllul und rnuciu:ul hills lor Ilflrself and one of thll
children,
D. Tho sum of $2,{):16.00 shall bu pClld 10 Midland Mortgage
CompallY, 10 he ilppliud a(jaillsl 111<1 bilck paymenls due 011 Ihu
mortgaoo which llllClllllhms Iho par lies' properly at 108 h",1
Clearviow Dllvo III Camp HIli, f'unllsytvonia,
E. The halancu thmeol shalllw (hslrrblllild eqllully hetween tli"
parties.
The parties and thcir countiul sliull c"operiltlJ 10 IIli1kn thu paymonls and rlistrllHilions SlIt oul
above as promptly as possihlu ulld I II l~bi\Jld' ~ dllorlll)y it. hElluby alllhoriled III IIIi1ku slll:h
paymenls and dislribulions frOln Ih" fUllds IHl lilllll,; wllhout furlhlll alllhorilillllln from 1110
rallies,
2. The partics acknowlt:doud Ih,lt Ihuy 1",'1" llnlermllnlo an agrtlOnlllll1 tor rhu sillu
01 Iheir resldencn at 108 Llsl CIUiIlV'UW [)IIV'I I" l:illllp 11111, Pmlll!,ylvillliil, i11ld Itlilt Ihuy
.'
"
"
: anticipolo Iho nel proceeds of thai salu. allor paYlllolI1 01 Ihe liens agamst Ihe prupurty, will
; ut! approximately $5,000.00 or IU~!i, I ho partios H\lWO Ihal Ihoy will hilly c;oopllldlu III
. complele Ihal solo Bllll, upon rllclJIpl III tho 11111 prlll:llods !rom the s<lle, sholl divlllu Ihost!
proceods equally. III the ovent Ihal III" clJrrllnl aUlUl/HlCnt of salo does nol result In iI sulu,
,. the porlios ugree Ihullhey will CllIlIHJldll/ IIlollorb tll selllhu properly und, UpOl1 slIch solu,
will divido Iho net proceeds oqlJally al Iho tilllo Ihu procoeds me received.
3. NOlwithslanding the dlsllllllllion of tlw 1101 procouds 01 Iho rool Oslall/ "wllud hy
Iho purlies in bolh Sun Diogo, Califolllld. ami CUlIlP lIill, Punnsylvonia, Ihe pUIlIl/" "IHlII
repol I equally any und ull capilill [Jain 01 laxable \lalll frol11 Iho salo of oilhor propuI I y Hnd
each shall be responsiblo 10 roporl emd pay laX on OIlU half 01 sllch gain, il any.
4. The purlies acknowlod(Jo Ihilt IhllY aru parlios 10 a supporl aclion pOlHIIII\I belore
the Courl of Common Pleas of ClIIlIburlllncl Coullly 10 218596 (DR #23,644) illId Ihal
Husband is currently obligaled to Inak" paYlllelll~ III Wifo under thai order in Ihu alnOlIl!1 01
$640,00. The par lies lurlhur ilcl\nowlud\lu lhut iill arroarll[Jo hilS ilccruod und", Ilhll ordor in
the amounl 01 $2,036.00 tiS olllllJ olld oj Nov"l 1I11111 , 1996. The parlles our"" Ihal Wllo
shall cancol and loroive Ihe urrtHlr"\l" of $2.036.()O upon puymenl 01 Ihat SUI1l III Iho
rnorlgaue company In accorc1allclI Willi f'ara()lapll IIDlllUreol. The parties fUIl!";1 u[Jlee Ilwl
Hushand shall, prior 10 Ihe end of .lollllldry. 1 UD I. puy in full Iho puyrnenls 01 $1i'IO.OO eilc:ll
for tile monlhs of Dl1colllbnr, 19~Hi, oIl1d .JalluillY. 1997. Tllo supporl order ,;10.111 Ihen hu
sllspended ellecllve I FehruillY 19D/lllhl,;band Urldll!]OS tho illlolnlOnt 01 $B/~I,()O !rom
IllS pay as reCjuHod hy Para[Jrapll h !..:rulllh.:IIl1N 111'011 Iht! dlllorCIl 01 the parll'.::.. IIIlI
slIpporl aclion shall he \OlIlIillol""1.
b. The pmlies ilGknowlod\J" 1!lillllushdlld. dS 01 IIISIIII 01 his sorvico 01, oIcllvie duly
III Ihe Uniled Slillus Navy, IS Ihu 1"..11'1,,"1 01 N""y rclilUIIHH1t PilY or pension wlllch curronlly
pays hlln approxlllhlloly $I.!J)'l.lH) i'''1 111011111 bldlllll loIxu,; or othm allolllllllll:. 01
deducllom;. Tlw pdlllllS "U"" , 110,11 Illuy Will divlilt: alld dlslnllllltl I hlslwlld's 11\1101>; III lito
ponslolI hy Willi IIIClllvinfj 41,.I\":l",,"1 olllle !]""~' anlOllll1 ()IIII~ p\JnslCHl ellnlltlllHlnl 1m,s
11111 pllIIlIlIlIlI 01 doducllIlIl lor Ih,-, ,.\lIVIVO";' 11I:lI"hl plall, As an example and 1,'1 way of
.lIusHilllon only. IIIIl pml"ls Will lltllld,-, hiS l.urrIJllllhlYlIllllI1 as followS:
Gross Pension Entitlement
LESS:
SBP premium
$1,914.00
11126..00)
Benefit subject to distribution
$1,786.00
Payable to Wife (46.4%) $829.00
Payable to HlIstlillld $957.00
Tho percentages to ba <1ppliud 10 lho pUllslorl bUlIlllits slhlll continuo regwdless 01 any
changes or modilic.Hions in Ihu pUIH.11l1l bUllllfils or the survivor's henefit plan prlllnium or
do<hlction. The pension paymonls Will conllllllO at the 50 percentages, witholll modification,
as lono us Husband lives end is onllll"d 10 collucl pOllsion payments. The partlos further
a()ree, with regord to that pension, as follows:
A. Husband shull ulu"'. Irruvllcahly, thu survivor's helle fit plalllll luvor
of Wife so as to providu to hor pension henefits following III" do.lth
oqualto atluilsl Iilly IhO%) l"IICUIlI of Ihe ponsion henefi'"
payable 10 111m <11111110 IllS IifcllI'HL Neilher party shalltaku .IllY
ilctlon which Will IU(h.ICfJ. ulill,illalu. or alter Iho slI,vivor's I","ulil
plan entillomcnt 1m Wifo wllhllUI IIHI Illutual w,illen COnSlll,Illf
both partics,
B. Each party Will luport alld pay InCll1I11l tax on their portiolllll llio
pension and shallllldtllnnify dllll SilVll Iho other harmless fJl11I1 illlY
i'ncomo lax Iiubllil y which IIlilY ruslIll from Iheir hliluro to dll 'ill,
C. The pmlles Will Lllllplllillll wllh lhulr cOllnsollo obtain thl' olllly of
a Ollulililld f)olll",;lic flolaliolls OrduI and any olhor orclor III COlllt
or olher (1<";1111""11 IllqlllrlJ<I III IlIlplolllenl itlld cUlllplolu 1111',
IhvislOII ullhlsl.""d'!. said P"II"IIIII "ullelils alld the slIrvlv.,,'S
hOlllllit plall provI:,""IlS uf 1111', "\lIIll"I'''"!. NOIthel party wtlll"~"
any ilcll<II1111 Ill" IlIllIlU, vvlll'lIlll tliu pllOl w,illen it(JIoom''',1 III
hoth parties, tll Hllor or chiln!Je Ihe distribution and division of Iho
bene IiI plan in Ihls aorUllfllonl.
D. The parlies acknllwlt:d!Ju Ilwl Iho division and distribution Ihuy
mako in this ilOll:llnllJnt of "llIsIHlnd's henefils IInder the silld
pension or rotirlllllellt plan aru filir, equilahle, i1ncJ in the hWil
inleresls of holh Ilf lhem III Iuslllvlno their marital differencus.
Thu pur lies sl1all cooperale to amlll!IU il dirucl puymenl to Wife of her porlion ollhe pension
beJlefils as provided in Ihis para!Jrilph. Unltl sllch timo liS lhose paymenls dirlll:t1y III Wife
slarl, and slarlin!) as of 1 February 1997, Hllshand shall pay 10 Wife directly, or calise 10 he
paid to her throu!)h an ullotment frOfll his pension IWlwlits, Ihe slim of $829.00 per monlh
us a substilule for her receivin!) Iho JlllnSIOJl paYlnunls directly from Ihe relirClnunl syslem.
The parlios acknowled!Jo Ihesa pUYlllonls shall hu Iwated as Ihe equitable distrihulion of
Ihuir maritill inlerests in the pension ilnd Ihnl Wllo shnll be responsible 10 repol I Ihose
paymenls as income and pay tax on Ihmn dnd, ilS il rosult, Ihal Husbancl shall hu ontillml to
exdudll Ihose paymenls from his IIlLl)nlll for InCll/fle lax purposes or tll claim IIIlIse
paYlllllnlS as alimony for tax purPO""'i.
6. The pm ties hereto mlllllillly dUruo lhilt thoy have effected a slltislill:lory diviSion
of the furniture, household furnislllll!l~;, i1ppltiIIlC<:", ilfld olher household and p",sollill
property helwoen them Clnd thuy Ifllll Iflllly auro!: IlIill oilch party shall, from """ i1ltm tho
datil heroof, he the sole and sOllilral!: oWltor 01 i111 suell lilngible personal prop"lly presonlly
in Ills or her possession, whetller sillIl property V'JilS fwrelolore ownecl joinlly '" IIllliVlduillly
by lhe parties hereto, and this ilgrnufllOllt shall hdVll Ihe effect of an assignmefll or receipt
Irolnllilch parly to the other for 5111;11 propnrly i1:; Iflay hu In Ihe individual flo~","s"lons 01
each ollhe parties hereto, tho eflw:llve clilte of '''lfd bill 01 sale to he contelllpllrdnllous witll
tlw cl.lle 01 the oxecution 01 this Ag""JI fI!:fll.
7. Tho pm ties d(;knowledu" IlIilt IllfJY i1re uwmll of Iho tlICOme, Oducdlll.n, tllCOIllU
potllnllal, and assets and holdings "I 1110 olllllr or Itilve hilrl full i1ncl ample npP"llllflllY to
hfll:Olllll fil/niltill' with suell ItOIllS. Hoth pilrtles i1"knowlmIUlJ that Ihey am abl" h, supporl
unci millntillnlhlHnslllv!:s cOllllorldlilv, withoul Cllfllrlblllllln frOllllhll other ux",'pt i1S
I'
,I
,
.1
,
,expressly provided for in this Property Selllelllllnt Agrotlment, upon the incomll dnd assllts
I owned by each 01 them, Thu partios hnrohy m:cepl tho mU\llal covenants and hlnns of this
,;
I Agreement and Ihe benefits and propnrtius passud to them hereundor in lioll 01 i1I1Y and all
;' rights 10 support or alimony for therllsulI, counsel Illtls, and alimony pendente Iilll .11 this
"
~. time lInd during any and alllurthor or futUll1 acllOllS of divorcll hrouoht by oilhur of Iho
,
parties horeto and tho parties do hltfllhy rlJlniso, rllloil~iU, quit claim, and relinqlllsh forever
any und all of their saicln!Jhts 10 supp",1 for Ihllfnsllll. coollsellells, alimony, i1l1d alimony
pendenle lite during 1110 penduncy 01 lIr i1S a rminll 01 any such aclions, as provldud hy 1110
Divorce Codo 01 Pennsylvania or any othm applicilhlu statuto, at this timo and ill any timu in
the Illture.
8. The parties acknowled!Ju thilt uach 01 lhum IHlve had a full and amplu
opportunity to consult with counsol 01 thou c1l()lctl rOf)nrdin!J their claims arisin\J out of the
marria!Je and clivorce and that they h<lVll spllclfic<llIy reviewed Iheir rinhts to tlw uquilablu
distrihution of marital propllrty, includlll\J nohls of chscovory, Ihe rioht to compt:l iI filing 01
WI IlIventory and Appraisement, 1m" the r iuht 10 h<lve the court review the asst:ts and claims
of the parties and decide them as pillt of Ilw divllrCll action. Beinn aware of lhosu riohts,
and being aware of Ihe mmital propt:rty OWllUdllY each 01 the parties, the partlll5 hurelo, ill
conSideration 01 the olher Inrrns alld proVllilOIlS of thiS i1!lrllelllllnt, do horehy VVdlVll, reluasu
ancl qllilclaim any lurther right to h<lvtJ 11115 court '" ilny othur lribunal equitahly chslritHlttl or
chvlde Ihelr manlal property and do hlJrul>y furlhllr WillVU, ruluasu and quitclaifn oIllY <lncl all
clalfll against or inleresl in assuts 1I0W cunelllly III tllll possussion or heJcl in thll lI<1me of the
other, II htllng Iheir intention to acC(,pt tlH: lennl; <Hili prOVisions. of this agaruulIlllnllfl full
salislaclion of all of Ihoir claims to Ill" IIHlnlal plllpcrly of tile pur ties and the '''lllIlilhlo
distribullOIl of tho sarnu.
9, Excopl as herein olhurwl:," IHIlVld"d, "dch piHly Ilorolo fllay chspo~." IIf 1115 or Iler
properly III <lilY way, and each Ihlll,! Ill,rtthy '''IHI",~;ly WiIlV('S and relinqlllsh,,,, .IllY and ,III
rlOlllS he or silo may now havu (If Ill,r""ltm d"'IOII", 1111<1", tile present or fUlllI" law:, of aflY
11Ir1~(h(;llon, 10 shari' Ifl thu propmly lIr Ih" ""Iat" lit Iho othnr as it reslIlt 0111,,, IIHuilal
rel.ltionship, IndlldlllO, wllllollt Iinllldlll''', Ihu 11\1111 10 "'i,"lilblu rliVISlon of molllldl pfOptlrly,
lllilllony, nlimony pendento IiIO, olld coullsul fuos, excupl us provided for olherwl~iU in this
A!Jruomenl, dower, courtesy, Slflllllory nllowuncu, widow's allowance, right to luku III
Inlestucy, rinht 10 Hike nouillst tho Will of thu otlllll, iIIlll ught In lIel as admilllsllulor ()I"
eXOl:lllor ollhe other's cstnlo, und ouch will, ut Ilw rllqllu6t 01 Ihe other, execulu,
acknowledge, and deliver nny and nil inslrullIonts which may be necessary or iIllvisahle to
carry into effect this mutual wuivur and relillqulshnHlllt of all such interests, ri!Jhls, and
claims.
10. Husband reloases IllS inchoate Intestillu lIuhlS Ifl tho estute of Wilu and Wifo
rllleases hili' inchoate inteslate rights In tho uslaltl 01 Hllshand, anclllllch 01 thu Ilmlius
herulo by Ihllse presenls for himsolf or Ilflf'sulf, IllS or her heirs, executors, adlllllllstriltors, or
USSI!JIIS, does remise, release, quit c1ilim, and foruvtH ,hschElr!Je tho other party hUI'CIO, his or
her heirs, oxecutors, adminisll'illors, or nssiuns, or any 01 thorn, of any and all c:Ialllls,
demands, damages, actions, causes of acllon or suits of lilw or in equity, of WllillSlltlVor kind
or nature, lor 01 bocause 01 any matler or thlllV dOlle, Of IIi lied, or suffered to I.., donu by
such olher party prior to the dale Iwrllof; llXCllpl lhat Ihis release shall in no WilY eXCHlOI'iIle
or discharoe eilher party hereto Ironl thl) obll!Jallolls alld prorlllsos made and III11'OSlHI hy
mason of this aoroement ancl sllilll III 110 way afloct allY caUSll of action in eb~ohnu divorce
which either pmty may have at:llillsl tho lllhm.
11. The pmtills hereto mHltlillly rUIlI'II';t:nl III Ihu other thall neither 01 Iholll hns
Incurred allY debts in the nallle 01 tho olllUr nol "rllvlously disclosed or provldud 10' in Ihis
aureOrllllnl. Each 01 tho parties hnrlll>y ItlfllllSt:ril:; 10 lilt. olher lhalnoither 01'" .., IliufII havn
IflclIrrod or cllntracled lor dehts ill Illll 'hili III 01 lhu olli"r or lor wlilch the olhl" t:; lIr wOllld
he lug,llIy liable frorn and aller the ddl.. 01 Ihu parlll):;' Sllpal'illlorl. Bolh parri,,,, limulo
nllilllillly aurell and promise Ihal fHJlIIIl:r will Clllltl'ilCI or ottltJrwlse incur dehts III llio olhur's
or loml names wilhout the prior PII"III','i101l and LonslJll1 of lhll oilier pmty hl""lll. Both
JllI/lillS herulo represent and warrillll to lhll otlwr "illly lliallhey havo nol so, lInlr,II:IO\1 any
c1ehls unheknownst to Ihe othur II" Itl Iii" tlffHl ,lIld dllle lIf Ihis Anrollfllflnl.
12. fh" pmlins ill:knowl"d!lt: Ihal 1111'; ,1'I"""'lt"ll IS llIild.. In conltlnlpl.llIllIllll 111l:
conclusion hy holh nltllefn of .In ill 11011111 ,hvoll:tJ wlilCh lidS hlll:n IIlud or Willi,,: 111",1
"'I .,'
,I
II
shorlly by one 01 tho parties hereto. Bolh of Ihe purties hereto agree that they shull,
i contelllporaneously with the execution ollhill agreoment, execute and file with Ihu Court an
, affidavit of consent ond woivllr 01 notil:e, und any other doc:ument reasonably required to
I, prnmplly concludo Ihe divorce aclion Ilotwoen lhmll. Both parlies agree Ihat they shell
,
I accept tho turms and provisions 01 thlll a!jrUemllllt III full salisfaction of any c1uilllS they milY
"
have under the Divorce Code of the COlllmonweullh of Pennsylvania, including, bul not
i
:' limited to, alimony, alimony pendente lite, counsel fees, equiteble distribution, !Il1d Ihe like.
" 13. The pnrlies agree and ucknowludge that the dIsposition made of thuu marital
'I properly by this agreement is a divisloll of property, not u transfer or exchanoe, uIHllhe
pnrtlus agroo to bear equally any capitill gmns lUx Illlposud by Ihe Commonweilllh 01
POflflsylvania or the United StaWs Inhlllwl RllvenUll Survice as a result of such <I.vlsion and
to cuoperale with each other fully in IIlilklng, oxeculIng, and filing any anel all tux rulurns or
othlll' documents, filings, or statements rnqulI'ed 10 dissolve any tax questions or prohlems
, l'illsllll as a resull 01 this division of proporty.
14. In the event that any of Ibo provlslllflS of thiS aoreumenl are breacll"d UI
violated by uilher 01 the parties, thu other party shull bll entilled to enforce this u!lreemenl
hy un appropriate action in law or III uqlllty or 10 lake uny other action to which thuy ore
lawlully entitled to enforce Ihis agreemunt or oltwrwise protect their rights. In Ihu uvent
thllt such nction IS commencod by 01111 of lhu partlus andlhe olher party is fOlilld to have
breachod or viola led any of the lerllls mHI proviSions of 1I1Is i1greemunt, the pm I y having so
vlOl<lled or breached the agreemont, shall he rusponslble for and shall promptly puy upon
dumandlhu reasonable aHornoy's Iuus 1I1cllrrll<l hy IlIu other parly 10 enforco Illllll' riuhts
herflllflder.
15. This Agreement shull I", IlIlerp",tud .0111 clIns I 1'I.1I11 1 III i1CCOrrliUlCll ,vIlli Ibtlluws
of Ihe Commonwealth of Pennsylvunla.
16. If for any reason whal""11Vllr ,illY p.llt 01 tills A(II'llumeJlI sll<lll bll "Ud,lIlld vlllIl
or Invahd, only such part shall lIu "ut:llltlll v01I1 IIl1d III 1111 !)lher reSflllcts Ihis ^'1WtHlltlnl
slliill rernllin vilhd and fully IJJlf"r"'ldblll.
I'
,I
'"
EXHIBIT B
G, HusbUIll1llretiOlllly Illl:uivlll; u UrOSH Il\olllhly pUIIsion pUYlIllJllI ill lhu ""1011"1 III
$1,914.00 fro 111 Ills Iwlilury PIIIUiioll.
II. The pmlills hilvlJ lJIIllJlUd illlll u wrilllHI PIOIJlllly SlllllwnlJlIl uuruoIIllIlIl1II whil:h
"
:, lhey huve usked Ihis COllrl 10 UlIlllI iI Clllillililld IlOllltlHlic Illlluliolls a,dur dividllllJ IIlld
:!
: disltihulillU Hushufld's 1I101l1llty PlJlII,1l111 PilYlllUlI1 ~;o lhlll Wifo rllcuivos lorly SIX IIIllI fOUl'
I,
'I
I:
lelllhs (46.4%1 porculllof 1115 1I101l1llly pllll,;lOfll'ilYIlIOIII ;111m dlllh,,:lioll of III" prllllliuHI for
Ihll SUlvivors BUllolit PlulI (IIulllillall"" "SBP").
NOW, HIEREFORE, III 1I!J1I1 "I lhu ahovu lil<:15, ulld ill Ihu ruqllllsl of hoill pmlills, il
appumiflU to lhis Courllhilt SI,,:h il dlsllihulioll j" IIqllilill,lo, Inwlul, Ulld proplll, wu do
heluhy order, decreo, i1l1d d""e! us lollows:
1. COIIIlIIOllcill!] i111l\ll 11111" "" i1l1oltllulIl j,; IIl1lUllld hy IlIu DufUlwo hll"lIce 11/111
,
.1
AccountillU Servicll Cunlor 01 Illll aPPloprintu U!JOIII:y, 1110 SBP sllulI hu dedll<:lud 11'0111 Ihu
oross Illolllhly pensioll i11ld Willi shilll Illcuivll fOlly six i1l1d fllur Illnths 146.'1) purcoIII"! Iho
:'
"
mllOllll1 mrivud al 1I11m dududill!J III" ~i[lP PIUlllilll1l hOlIl Iho Hl'oss IIlOfllhly P"IISI01l. Thu
oross Illonlhly pensiorl hUrluli1 pay"hlu 10 Ilushillld, h01l1 which lhe SBP sh"II IH' dmllll:lml
mlllthll 46.4 purcurl"'!Ju "ppll"d, ,;1"111 IlIcllldu "ny ilfld ,III adjllsllllulIlS for cll:,I,: ollivirlU
I,
,I
(hurllinuller "COl.A") uwmdUlI III lh" hlllllU.
I'
2. The exisll/lU SBP shill! lw contimlud ill full IOfl:t! ,lfId ulfocl for IlIu IH,lIuhl of Wile
alld shall, if nllcessary 10 dCCOlllph,;1I SiHlIlI, hll cOllvllfllld 10 il "fnrmor spo"",," hUlIlllillus
opposod In a "pruselll SpOIlSIl" 1"'IIl/1i1
3. The llxistillU Sill' p",vid"" 10 Wilu, It.lI11wlIlll tlllt dtlolh 01 HusbiH"\, it paYlllull1
IlquilllO IIf1y IIvu 15!J%1 purclIlII 01 thu pllll~,I"" blllll:lllei payalllu III II II S hill II I dllllllllllls
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11111111110. Noilhm pally shilllta".) illlY i1Ctlllll wIIll.h Will ",dIlCll, UhfllllHllll, '" "II.". Ihu Sill'
1l1l11lh'"I1J111 for Wilt) wllhmll thu 1,,"111,,1 wnllml co"",,"1 01 holh p"'IIIlS. 1I"lh ,,,,,"m: "IHlll
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EXHIBIT C
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V.
CATHY j, DISTEFANO,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-6204 CIVIL TERM
IN DIVORCE
ANGELO H. DISTEFANO,
PlainU ff
CATHY j. DISTEFANO,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS - SUPPORT
218 SUPPORT 1996
DR 23,644
V.
ANGELO H. DISTEFANO,
Defendant
lJLR.E.;., PETITION TD._M.oDl.f.'LJl.BD..EB
ORDER,OF COURT
AND NOW, October 8, 1997, 10:18 a.m., upon the
defendant's petition, both parties hove appeared in court and
reported that they hove agreed upon the entry of this order, we
hereby order os follows:
1. The plaintiff, Angelo H. Distefano, sholl pay the
defendant, CathY j. Distefano, either directlY or through on
allotment token out through his retirement pay, the sum of
$215.00 eoch month, commencing with the month of October, 1997.
Those payments sholl be mode within ten days of the first of
each month.
2. The plaintiff, Angelo H. Distefano, shell pay to
the defendont, Cathy j. Distefano, to adjust bock payments not
mode pursuant to the property settlement agreement, the sum of
$100.00 per month for 0 period of eight months, commencing with
the month of October of 1997. Those payments sholl be mode on
or about the 10th day of each month directly to CathY j.
Distefano: and the plaintiff sholl hove the right to prepay
......
, ,
... . 96~.i204' C i Vi'l Term
. Page 2
.
those at ~ny time.
3. The parties are the OHners of an insurance policy
issued by the Surety Life Insurance Company. They shall
promptlY sign all documents necessary to terminate that policy
and the refund of the policy, Hhich the parties believe to be at
least S250.00, shall be paid to and retained by the defendant,
CathY J. Distefano.
4. The suppor t order betHeen these parties, Hhich is
docketed to Number 218 Support 1995, shall be terminated this
dote and any and all arrearages or credits sholl be canceled and
remitted. The future payment~ under this order sholl be mad~
directly unless this court subsequently orders otherHise.
By the Court,
George
Samuel L. Andes, ESquire.,/'
525 North THelfth Street
Lemoyne, Po. 17043
For Cathy J. Distefano
Angelo H. Distefano
2908 Westbury Court, Apartment 803
Camp Hill, Po. 17011
:mtf
fn rTRUE COpy F~CW RECORD
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and h ", . .' , .' " "" r fI'Y halld
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..ofi Prothonotary
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ANGELO H. DISTEFANO,
Plaintiff
)
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vs.
CATHY J. DISTEFANO,
Defendant
"--"
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 94.6204 CIVIL TERM
IN DIVORCE
AND NOW this ,,JI J day of rn 1997, upon consideration of the
attached Petition to Modify Order, a hearing is hereby scheduled before the undersigned to
commence at 9:)uo'clock ;Y.m.. on '-/u.iJJ<i4ij' the B n--. day of 1>,.:/~~
1997, in Court Room N0 of the Cumberland County Courthouse, Carlisle, Pennsylvanian.
BY THE COURT,
J.
FlLED-OFFlCE
or- 1":-1\: ~POTfJr')NOTAAY
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4. Subsequent to the entry of the Qualified Oomestlc Relations Order, Defendant
has leamed from the Defense Finance and Accountantlng Service that the Order cannot
be Implemented as written because Plaintiff's pension benefits are not as Plaintiff
described them to Defendant and her attorney. Specifically, Plaintiff took a portion of his
I retirement benefits in the form of a Veterans Administration Pension which Is not subject to I
administration by the Defense Finance and Accountantlng Service or the Qualified I
Domestic Relations Order entered by this Court.
5. Plaintiff misled Defendant regarding the details of his pension and the portion of
his pension which she could obtain. Defendant does not know whether that conduct by the
,
,I Plaintiff was in~entional or unintentional, but she has lost substantial benefits which she
Ii believed would be hers under the terms of the Property Settlement Agreement because of
Ii the misrepresentations made by Plaintiff.
II 6. Plaintiff and his attorney have not responded to requests and proposals from
II Defendant that this matter be resolved amicably. Formal action by this Court will be
I,
II
Ii necessary to properly implement the intentions and terms of the Property Settlement
I
Ii Agreement and to protect Defendant's rights with regard to the marital property.
it
7. In addition to the above, the Plaintiff has not complied with the provisions of
II
II
Ii
i' Paragraph 4 of the Property Settlement Agreement in that he has not made the support
,I
I,
II
Ii
payments through the Domestic Relations Office as required and has not made payments
to Defendant directly as required by that Paragraph of that Agreement.
~
WHEREFORE, Defendant prays this Court to take the following actions:
A. Amend the Qualified Domestic Relations Order entered In this case
to provide a proper and adequate survivors benefit allowance to Defendant so
that she will receive the payments to which she Is entitled under the terms of
the Property SElttlement Agreement between the parties;
B. Order the Plaintiff to pay directly to the Defendant each month, or through
the Domestic Relations Office, the sum of $276.00, plus an amount equal to the
percentage of cost of living adjustment he receives In each future years;
C. Order and direct the Plaintiff to make all direct payments to the
Defendant and payments to the Domestic Relations Office required by the
terms of the Property Settlement Agreement between the parties;
D. Award to Defendant and direct the Plaintiff to pay Defendant's
reasonable attorney's fees incurred in this action, in accordance with
Paragraph 15 of the Property Settlement Agreement;
E. Such other relief as the Court deems equitable or necessary.
~'-~~
.. uel L. Andes
Attorney for Plaintiff
Supreme Court 10 17225
525 North 121h Street
Lemoyne, PA 17043
(717) 761.5361
. ,
COMMONWEALTH OF PENNSYLVANIA )
) 58.:
COUNTY OF CUMBERLAND )
Cethy J. Distefano, being duly sworn according to lew, depose. and "Y' thet the
facts let forth in the foregoing document are true and correct to the best of her
knowledge, Information, and belief.
8wom to and subscribed
before me this I~ Day
of C)u.Dt. 1997.
Q 1'11\ , (fa '-nI . '-.,Qcv:Ji II ~
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SAMUEL 1.. ANDES
ATTORNEY AT LAW
.,UIl"IL L. ."DI.
.,. ....., D_LON.
e~~ NORTH TWELFTH HTa.aT
P. O. BOX 160
LEMOYNE, PKNNSYLVANIA .7043
TEL.PIION.
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PAX
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16 July 1997
Court Administrator
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
RE: Angelo Distefano vs. Cathy J. Distefano
No. 94-6204 Civil Term
In Divorce
Dear Mr. Pierce:
I represent the Defendant in this matter. The parties negotiated a
settlement agreement which provided, in part, that my client would receive a
share of the Plaintiff's miliary retirement. We prepared a Qualified Domestic
Relations Order which was signed by Judge Hoffer at the same time he signed
the final decree in divorce.
We have now learned that there are problems with the Qualified Domestic
Relations Order and we need a further Order to correct that problem. I do not
believe this can be addressed properly with a Rule to Show Cause, and have,
therefore, simply prepared an Order scheduling a hearing.
Because Judge Hoffer entered the original Order, I believe this matter
should go back to him at this time. Please iet me know if anyone has any
questions.
Sincerely,
sb.
amr
Enclosure
cc: Donald B. Owen, Esquire (w/enclolure)
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ANGELO H. DISTEFANO,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
CATHY J. DISTEFANO
Defendant
NO. 94-6204 CIVIL TERM
IN DIVORCE
AND NOW this
, 1997, it appearing to the Court that:
A. Defendant, Wife, Cathy J. Distefano, Social Security No. 556-04-1468, is an
I adult individual currently residing at 108 East Clearview Drive, Camp Hill, Cumberland
I County, Pennsylvania.
II
I edult individual currently residing at 2908 Westbury Court, Camp Hill, Cumberland County,
B. Plaintiff, Husband, Angelo H. Distefano, Social Security No. 192-38-9355, is an
Pennsylvania.
C. This Court has jurisdiction over Mr. Distefano by virtue of his consent in this
matter.
D. Husband and Wife were married on 15 July 1972 in Oceanside, California.
E. Husband and Wife eparated on}f. January 1994 and were divorced from the
bonds of matrimony on . ",'1q 1.
F. Husband entered the United States Navy on 5 July 1968 and served on active
duty until 30 June 1972, and thereafter returned to active duty in the United States Navy
in January of 1974, and retired in January of 1996, having completed a total of twenty-six
years of active duty service.
.
G. Husband presently receives a gross monthly pension payment in the amount of
$1,914.00 from his military pension.
H. The parties have entered into a written property settlement agreement in which
they have asked this Court to enter a Qualified Domestic Relations Order dividing and
distributing Husband's monthly pension peyment so that Wife receives forty-six and four-
tenths (46.4%) percent of his monthly pension payment after deduction of the premium for
the Survivors Benefit Plan (hereinafter "SBP").
NOW. THEREFORE, in light of the above facts, and at the request of both partlel, it
appearing to this Court that such a distribution is equitable, lawful, and proper, we do
hereby order, decree, and direct as follows:
1 . Commencing at the time an allotment is entered by the Defense Finance and
Accounting Service Center or the appropriate agency, the SSP shall be deducted from the
gross monthly pension and Wife shall receive forty-six and four-tenths (46.4) percent of the !
amount arrived at after deducting the SSP premium from the gross monthly pension. The
gross monthly pension benefit payable to Husband, from which the SSP shall be deducted
and the 46.4 percentage applied, shall include any and all adjustments for costs of living
(hereinafter "COLA") awarded in the future.
2. The existing SSP shall be continued in full force and effect for the benefit of Wife
and shall, if necessary to accomplish same, be converted to a "former spouse" benefit (as
opposed to a "present spouse" benefit.
3. The existing SSP provides to Wife, following the death of Husbend, a payment
equal to fifty-five (55%) percent of the pension benefits payable to Husband during hi.
lifetime. Neither party shall take any action which will reduce, eliminate, or alter the SBP
entitlement for Wife without the mutual written consent of both parties. Both parties shall
request, in writing, to the appropriate agency, within sixty (601 days of the date of this
order, that the SBP continue in full force and effect and shall make, execute, acknowledge
and deliver any and all other documents necessary to maintain the continuance of the SBP
for Wife.
4. For purposes of this Order "gross monthly pension" shall be "disposable
retirement pay" as defined by the appropriate federal statutes and regulations as of the
date of this order and shall specifically include all retirement benefits to which Husband is
entitled reduced only by the SBP premium for Wife and before any waiver or allowance for
benefits received, from the Veterans Administration, the Social Security Administration, or
any other source, in lieu of Husband's naval retirement benefits.
5. For purposes of illustration, at the time of the entry of this order, the gross
pension benefit due Husband is $1,914.00, the present cost of the SSP is $128.00, and,
using these figures, Wife's portion of the benefit payable under this Order will be $829.00
per month, and the balance payable to Husband under this Order shall be $957.00.
6. The following formula shall be used to calculate Wife's share of Husband's Navy
pension:
Expressed as a formula where "WE" is Wife's entitlement, "GMP" is the
amount of Husband's gross monthly pension pension, and "SBP" is the cost of
the Survivors Benefit Plan:
"WE" = 46.4 percent X "GMP" - "SBP"
In no event shall "WE" exceed the percentage set forth in the formula nor shall
"WE" decrease below that percentage.
7. Wife shell be responsible for the income tax liability on the portion of the
monthly pension which she receives pursuant to this Order. Husband shall be responsible
8. Tne pertles shall promptly execute any and all documents required by federal
statute or regulation, specifically Including the "Uniformed Services Former Spouses'
Protection Act" or any agency, court, or tribunal which may be necessary to effect the
division and distribution of such Naval retirement benefits as providad In this Order, and to
implement direct payment of same to Wife by the appropriate federal agency.
9. Wife shall be designated as the" Alternate Payee" for purposes of effectuating
this Order. This Order is intended to be a Qualified Domestic Relations Order as defined by
Title II, Section 204(b) of the Retirement and Equity Act of 1984 (29 U.S. C.S.A.
1056(d)(3)(1)) and Section 414(b) of the Internal Revenue Code.
10. Husband's rights under the Soldiers' and Sailors' Civil Relief Act of 1940 (50
U.S.C. App. Section 501 et seq.) were observed in the entry of this order.
BY THE COURT,
II
J.
~ FII.m-CmCE
0,' T' .,: ""'YI 'r'I,'i-1~~ny
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v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
ANGELO H. DISTEFANO,
Plaintiff
CATHY J. DISTEFANO,
Defendant
NO. 94-6204 CIVIL TERM
ORDER OF COURT
AND NOW, this ~fI.. day of June, 2000, upon agreement of counsel,
the hearing
previously scheduled for June 5, 2000, is rescheduled to Thursday, August 3, 2000, at
I :30 p.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
John H. Broujos, Esq.
4 North Hanover Street
Carlisle, P A 17013
Attorney for Plaintiff
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Samuel L. Andes, Es'l'
525 N. 12th Street
Lemoyne, PA 17043
Attorney for Defendant
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ANGEl.O H. DISTEFANO,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
v.
CATHY J. DISTEFANO,
Defendant
NO. 94-6204 CIVIL TERM
K ORDER OF COURT
AND NOW, this \(/ day of June, 2000, upon consideration of the attched letter
from Samuel 1.. Andes, Esq., attorney for Defendant. the hearing previously scheduled
for August 3, 2000, is rescheduled to Thursday, August 17, 2000, at 9:00 a.m., in
Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT.
John H. Broujos, Esq.
4 North Hanover Street
Carlisle, P A 17013
Attorney for Plaintiff
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Samuel 1.. Andes, Esq.
S2S N. 12th Street
Lemoyne, P A 17043
Attorney tor Defendant
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JOHN H, nROllJOS
IItmERT X, (;Il,ROY
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ATI'OIINI:YS hT lAW
.1 N( Hrl'IIIIAN( )"E({ STIU:I'~r
CAIU.lSU:,I'ENNSYI." ANIA 170J:l
717.:H:~I.~71
717.7/iti.1fi90
FAX: \H:~.II~~7
t:.Mhll.: 1l1l1;n.1I0YI'(:@i\()1..I'OM
FAX 240-6462
February 9, 2000
The Honorable Wesley Oler
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Re: DI.tefan" VI. Distefano; 94.6204 Civil Term; Modification of Support Order
Dear Judge Oler:
I have been requested to represent Angelo H. Distefano with respect to the above captioned
action.
Hearing has been scheduled for Thursday, March 30, ;1.000 at I :30 p.m.
My client will be out of the state during the week of March 27. He will be available the week
prior, March ::0-24, and during the entire month of April.
Plaintiff requests a continuance of the case to another date ~et by the Court.
1 have contacted Samuel Andes, atlomey for Ihe defendant, who indicated that he is agreed to a
continuance in April or Mayor June.
Sincerely yours,
()~Iv- N ~
John H. Broujos I
Ijs
e: Angelo H. Distefano
Samuel L. Andes. Esquire
ANGELO H. DISTEFANO,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
CATHY J. DISTEFANO,
Defendant
NO. 94-6204 CIVIL TERM
IN DIVORCE
ORDER OF COURT
AND NOW, this 17th day of August, 2000, upon
consideration of the Petition To Modify and Enforce Prior Orders
of this Court filed on behalf of the Defendant, and pursuant to
an agreement reached in open court between counsel for the
Defendant, in the person of Samuel L. Andes, Esquire, and
counsel for the Plaintiff, in the person of John H. Broujos,
Esquire, it is ordered and directed as follows:
1. The Plaintiff, Angelo H. Distefano, shall
pay to the Defendant, Cathy J. Distefano, within thirty days of
today's date, the sum of $2,800.00 to satiafy the demands raised
in the Defendant's current petition through the end of July
2000. Both parties acknowledge that is a compromise, and it is
satisfactory to them.
2. The Plaintiff, Angelo H. Distefano, shall,
within thirty days of today's date, provide to the Defendant or
her attorney verification of the current gross monthly allowance
he receives from his United States Navy pension or retirement
and his Veterans' Administration pension or annuity, and the
parties shall, as promptly thereafter as they can, agree upon an
additional amount that Mr. Distefano should pay after 1 August
2000 to comply with the intentions of the parties' Property
Settlement Agreement and the division of his pensions and
retirements contained in that agreement. If the parties cannot
agree, either party may request a further hearing before this
Court to set the additional amount Mr. Distefano should pay.
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CUMul:HiJJ',1,j COUNTY
PENNSYlVANIA
3. The hearing scheduled for this day is continued
until further Order of Court.
By the Court,
J.
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John H. Broujos. Esquire
Attorney for Plaintiff
Samuel L. Andes, Esquire
Attorney for Defendant
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