Kelli L. Pedevillano v. Thomas F. Pedevillano (2014)

MEMORANDUM OF DECISION

The undersigned, having carefully reviewed and considered the evidence presented in the instant matter, as well as a review of the relevant statutory criteria, finds the following facts and issues the following orders:

The parties were married in Marlborough, Connecticut on January 31, 2000.   The marriage has broken down irretrievably, with no hope of reconciliation.   Neither party is more at fault than the other for the breakdown of the marriage.   The plaintiff has resided in Connecticut for twelve months prior to bringing the instant action.   There are two minor children born issue of the marriage, Sean T. Pedevillano, date of birth July 20, 1997;  and Emily M. Pedevillano, date of birth January 4, 2000.   Neither of the parties was a recipient of state aid during the pendency of the marriage.   The plaintiff wife is not pregnant.   The court has jurisdiction.

The plaintiff, Kelli L. Pedevillano, hereinafter referred to as “the plaintiff,” is in good health.   She is employed with the State of Connecticut Department of Revenue Services and as a jazzercise instructor, with a gross weekly salary of $1,898 and a net weekly salary of $1,352.   She has a CTDCP retirement fund with a current balance/value of $29,000.

The defendant, Thomas F. Pedevillano, hereinafter referred to as “the defendant,” is also in good health.   He is employed by Pizzitola Electric, with a gross weekly salary of $1,600 per week and a net weekly salary of $1,216 per week.   He has a pension plan with a current balance/value of $2,059.20.   The defendant received a distribution in the amount of $24,783.65 from his pension plan in 2012.   That amount was used to pay family expenses, and was noted on the joint tax return filed by the parties for that calendar year.

The parties are joint owners of the family residence, located at 51 Blue Heron Drive in East Hampton, Connecticut.   That property is subject to a purchase and sales agreement which has been approved by the current lender for a short sale.   The defendant owns property located at 9 Benz Street in Ansonia, Connecticut.

The court, having heard all of the evidence presented at trial, the reasonable inferences drawn therefrom, and the statutory factors enumerated in the Connecticut General Statutes, enters the following orders:

1. The parenting plan approved by the undersigned on or about January 6, 2014, is hereby incorporated herein and made part of the judgment in the instant matter.

2. The parties' stipulations regarding the short sale process of their family residence, approved by the court on August 27, 2013 and March 27, 2014, are hereby incorporated herein and made part of the judgment in the instant matter.

3. The defendant shall retain the property located at 9 Benz Street in Ansonia, Connecticut, and he shall be solely responsible, and hold harmless and indemnify the plaintiff, for any and all expenses related to that subject property.

4. The court declines to award alimony to either party.

5. The marital portion of the parties' retirement accounts, as listed aforesaid, shall be equalized and divided equally via a Qualified Domestic Relations Order.

6. The parties shall each be responsible for their personal debts listed on their respective financial affidavits, and shall each hold harmless and indemnify the other for those debts.   The parties shall be jointly responsible, on a 50/50 basis, for any and all joint debts listed on their financial affidavits.

7. The court shall retain jurisdiction regarding any post-secondary educational support orders, in accordance with Sec. 46b–56c of the Connecticut General Statutes.

8. In addition to the above, each party shall retain the personal property currently in his/her possession, including the motor vehicles listed on each party's financial affidavit.

9. The parties shall retain such bank, investment, life insurance and retirement accounts that are titled in their respective names on their respective financial affidavits.

10. Each party shall be responsible for obtaining and maintaining his or her own health insurance.

11. The plaintiff's maiden name, Sullivan, is hereby ordered restored.

12. The marriage is hereby ordered dissolved.   Judgment may enter in accordance with the aforementioned orders.

GOULD, J.

Gould, Mark T., J.