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03-1288
PAUL JOSEPH GIORDANO, SR., PLAINTIFF VS. ROBIN DAWN GIORDANO, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO.63 - I 2ho CIVIL TERM : CIVIL ACTION -LAW : ACTION FOR DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 PAUL JOSEPH GIORDANO, SR., PLAINTIFF VS. ROBIN DAWN GIORDANO, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO.63 -- l2P-P CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, PAUL JOSEPH GIORDANO, SR., by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following complaint in divorce. 1. Plaintiff is PAUL JOSEPH GIORDANO, SR., an adult individual who currently resides at 205 South Market Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055, and has resided in Cumberland County for over eight (8) months. 2. Defendant is ROBIN DAWN GIORDANO, an adult individual who currently resides at 9 Senate Drive, Pasedena, Maryland, 21122. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least eight (8) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on December 13, 1980. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Plaintiff was a member of the United States Navy for six (6) years, but there are no benefits from the Plaintiff's military service which are marital. Defendant was never a member of the United States Military Services. 9. Plaintiff and Defendant have four (4) children from their marriage, PAUL JOSEPH GIORDANO, JR., born on May 24,1981; NICHOLAS JOEL GIORDANO, born on March 2,1984; ADAM VINCENT GIORDANO, born on May 3, 1988; and BRADY GARRETT GIORDANO, born on April 8, 1994. There is a separate custody order presently in effect through the Court of Common Pleas of York County, Pennsylvania, docketed at 02-SU-00695-03. COUNT I - REQUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, PAUL JOSEPH GIORDANO, SR., respectfully requests the court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: March .1, 1 , 2003 Susan Kay n i o, E Counsel fo Plain iff PA I.D. #64 8 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: paj L"4"' PAUL JO H GIORDANO, SR. w W L' PAUL JOSEPH GIORDANO, SR., PLAINTIFF VS. ROBIN DAWN GIORDANO, DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-1288 CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR. DIVORCE INVENTORY AND APPRAISEMENT FOR PAUL JOSEPH GIORDANO, SR. Plaintiff, Paul Joseph Giordano, Sr., files the following Inventory and Appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years. Plaintiff, Paul Joseph Giordano, Sr., verifies the statements made herein are true and correct. Plaintiff understands any false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworu falsification to authorities. pea ? /L ?& PAUL Jos 7y GIO ANO, SR. ASSETS OF PARTIES Plaintiff marks on the list below those items applicable: to the case at bar and itemizes the assets on the following pages. If an item has been appraised, it copy of the appraisal report is attached. ( ) 1. Real property (X) 2. Motor vehicle(s), Boat ( ) 3. Stocks, Bonds, Securities and Options ( ) 4. Certificates of deposit (X) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and saving; certificates ( ) 7. Contents of safe deposit box(s) ( ) 8. Trusts ( ) 9. Life insurance policies, (indicated face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritance ( ) 13. Patents, Copyrights, Inventions and Royalties ( ) 14. Personal property outside the house ( ) 15. Businesses (list all owners, including the percentage of ownership, and officer/director positions held by a party with the company) ( ) 16. Employment termination benefits (severance pay, workman's compensation clai m/award) (X) 17. Profit sharing plans (only 50% vested at time of separation) ( ) 18. Pension plans (indicate employee contribution and date plan vests) ( ) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits (X) 24. Debts due, including loans, mortgages held () 25. Household furnishings and personal (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other: Disability Settlement LIABILITIES OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following page: SECURED: ( ) 1. Mortgages ( ) 2. Judgements ( ) 3. Liens ( ) 4. Other secured liabilities UNSECURED: (X) 1. Credit card balances ( ) 2. Purchases (X) 3. Loan payments ( ) 4. Notes payable ( ) 5. Other unsecured liabilities CONTINGENT OR DEFERRED: ( ) 1. Contracts or Agreements ( ) 2. Promissory notes ( ) 3. Lawsuits ( ) 4. Options ( ) 5. Taxes ( ) 6. Other contingent or deferred liabilities Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: February-2l , 2004 Counsel for laintiff/ PA I.D. #649 - 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 n ?' o c? t -17 "?' T r? P'il ? ? ":J V :?- r -l - T_??t l% (..a _`= PAUL JOSEPH GIORDANO, SR., PLAINTIFF VS. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 03-1288 CIVIL TERM ROBIN DAWN GIORDANO, DEFENDANT : CIVIL ACTION -LAW : ACTION FOR DIVORCE INCOME AND EXPENSE STATEMENT OF PAUL JOSEPH GIORDANO, SR. Plaintiff, Paul Joseph Giordano, Sr., files the following Income and Expense Statement and verifies the statements made herein are true and correct. Plaintiff understands any false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. PAUL JO EP GI RDANO, SR. INCOME: Employer: DAVITA Address: Type of Work: Biomedical Technician Payroll Number: 0854030541 Pay Period: Biweekly Gross Pay Per Pay Period: $1,830.45 Itemized Payroll Deductions: Federal Withholding: 131.14 Social Security (FICA): 114.22 State Income Tax: 56.56 Local Income Tax: 28.18 Medicare: Retirement: Savings Bonds: Credit Union: Life Insurance: 9.60 Health Insurance: 101.27 Tax Deferred Comp: Fair Share Fee: Short Term Disability: 13.78 TOTAL: $ 1,375.70 OTHER INCOME (MONTHLY): None Employment: Interest: Dividends: Pensions: Annuity: Federal Withholding: Savings Bonds: Life Insurance: Credit Union: Social Security: Rents: Royalties: Expense Account: Gifts: Unemployment Compensation: Workmen's Compensation: Support: (child) TOTAL MONTHLY INCOME: $ 2,751.40 EXPENSES (MONTHLY): HOME: Mortgage: Rent: $ 680.00 Utilities: Electric: 90.00 Gas: 35.00 Oil: Telephone: Water/Sewer/Garbage Cell Phone: 50.00 EMPLOYMENT EXPENSES: Transportation: Lunches: 100.00 TAXES: School: Real Estate: Harrisburg City: Personal: Income: INSURANCE: Homeowners/Rental: Automobile: $ 85.00 Life: Accident: Health: AUTOMOBILE Payments: 298.00 Fuel: 90.00 Repairs: Maintenance: 47.00 Licenses/Registration (36.00 annual) MEDICAL Doctor: 10.00 Dentist: 5.00 Hospital: Medicine/Prescription Drugs: PERSONAL: Clothing: 25.00 Food: 120.00 Barber/Hairdresser: Laundry/Dry cleaning: 24.00 Memberships: Bank Charges: 15.00 Credit Card Payments: 35.00 Support: 1,460.14 MISCELLANEOUS: Papers/Books/Magazines: Entertainment: Legal Fees: TOTAL EXPENSES: Total Monthly Income: Total Monthly Expenses Total Monthly Shortfall Dated: Februarys { 2004 25.00 75.00 $ 3,272.14 $ 2,751.40 $ 3,272.14 $ 520.74 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay Cand', Counsel for PI miff PA I.D. # 64998 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 rJ ra ^ cn ( ? o 1° -Y{ ?T ._{ ?{?-1 .,.. r.l ? -..,. fT 1 . ? ti: _ -.:?\ _ _ --- =i T ?, c -T? p' 1 1 N CJt ` J V7 V? PAUL JOSEPH GIORDANO, SR., PLAINTIFF VS. ROBIN DAWN GIORDANO, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 03`1288 CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 PAUL JOSEPH GIORDANO, SR., PLAINTIFF VS. ROBIN DAWN GIORDANO, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1288 CIVIL TERM : CIVIL ACTION -LAW : ACTION FOR DIVORCE AMENDED COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, PAUL JOSEPH GIORDANO, SR , by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following amended complaint in divorce. Plaintiff is PAUL JOSEPH GIORDANO, SR., an adult individual who currently resides at 11 Richland Lane, Apt. 201, Camp Hill, Cumberland County, Pennsylvania, 17011, and has resided in Cumberland County for over one (1) year. 2. Defendant is ROBIN DAWN GIORDANO, art adult individual who currently resides at 9 Senate Drive, Pasedena, Maryland, 21122. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least eight (8) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on December 13, 1980. 5. There have been no prior actions of divorce or fbr annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Plaintiff was a member of the United States Navy for six (6) years, but there are no benefits from the Plaintiff's military service which are marital. Defendant was never a member of the United States Military Services. 9. Plaintiff and Defendant have four (4) children from their marriage, PAUL JOSEPH GIORDANO, JR., born on May 24,198 1; NICHOLAS JOEL GIORDANO, born on March 2,1984; ADAM VINCENT GIORDANO, born on May 3, 1988; and BRADY GARRETT GIORDANO, born on April 8, 1994. There is a separate custody order presently in effect through the Court of Common Pleas of York County, Pennsylvania, docketed at 02-SU-00695-03. COUNT I - REQUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, PAUL JOSEPH GIORDANO, SR., respectfully requests the court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT H - REQUEST FOR EQUITABLE DISTRIBUTION OF MARrrAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 12. Paragraphs 1 through I 1 of this Complaint are incorporated herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff, PAUL JOSEPY GIORDAKO, SR, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: March 2004 Susan Kay Candit; Counselfor Plai PA I.D. #64998 5021 East Trindle Suite 100 Mechanicsburg PA 17050 (717) 796-1930 -C, 2 r N T 121 'C3 ?y C.n ?C PAUL JOSEPH GIORDANO, SR., Plaintiff V. ROBIN DAWN GIORDANO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 1288 CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE. NOTICE TO DEFEND AND CLAIM[ RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights including custody or visitation of your children. important to you, Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 PAUL JOSEPH GIORDANO, SR., Plaintiff V. ROBIN DAWN GIORDANO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 1288 CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE. DEFENDANT'S PETITION FO RELIEF AND NOW COMES, Defendant, Robin Dawn Giordano, by and through her Attorney, Jane Adams, Esquire, and respectfully presents the following; 1. Defendant is Robin Dawn Giordano, who currently resides in Pasadena, Maryland; Plaintiff is Paul Joseph Giordano, Pennsylvania. who currently resides in Camp Hill, Cumberland County, . 2. Plaintiff and Defendant were married on December 13, 1980. 3. During the course of the marriage, the parties 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. 4. Plaintiff and Defendant have been unable to agree as to an equitable division of said marital property. 5. Defendant is seeking an equitable division of all marital property. WHEREFORE, Defendant prays this Honorable Court, after requiring full disclosure by the Plaintiff, to equitably divide the property, as marital property. both real and personal, owned by the parties hereto . COUNT II - ALIMONY 6. Paragraphs I - 5 are herein incorporated by reference. 7. Defendant is disabled and lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established (luring the marriage. 8. Defendant is unable to support herself in accordance with the standard of living of the parties established during the marriage through employment. 9. The Plaintiff enjoys a substantial income from which he is able to contribute to the support and maintenance of Defendant 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 indefinite 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. 10. Paragraphs 1 - 9 are herein incorporated by reference. 11. Defendant is without sufficient funds to retain counsel to represent her in this matter. 12. Without counsel, Defendant cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 13. Plaintiff enjoys a substantial income and is well able to bear the expense of Defendants attorney and the expense of this litigation. WHEREFORE, Defendant requests this Honorable Court to enter an award of counsel fees, costs, and expenses. Date: Qf , -7 -1114 Adams, Esquire I. No. 79465 South PittStreet Carlisle, Pa. 17013 (717) 245-8508 ATTORNEy ;FOR DEFENDANT ` J ?A w Q O 8 P- 9 =? s- PAUL JOSEPH GIORDANO, SR, PLAINTIFF VS. ROBIN DAWN GIORDANO, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVA1141A : NO. 03-1288 CIVIL TERM : CIVIL ACTION -LAW : ACTION FOR DIVORCE PLAINTIMHUSBAND'S STATEMENT UNDER PENNSYLVANIA RULE OF CIVIL PROCEDURE 1920.33(b) I. ASSETS: The parties have no tangible marital assets to be divided. The Plaintiff does have a profit sharing plan through his employer, DaVita, which had only partially vested at the time the parties separated. IL EXPERTS: It is unknown at this time whether any experts will be utilized at trial. Plaintiff reserves the right to call experts as necessary. Appropriate notice and copies of all expert opinions will be given to all parties involved and the Master if testimony becomes necessary. III. WITNESSES: At this time, the Plaintiff and Defendant are the primary witnesses planned to be presented by the Plaintiff. Plaintiff reserves the right to call additional witnesses regarding any of the exhibits identified below to provide the proper foundation and support for the exhibit. At such time as the identification of any witnesses becomes anticipated, appropriate notice will be given to all parties involved and the Master. IV. EXHIBITS: The following are the known exhibits at this time: 1. The Inventory and Appraisement for Paul Giordano, at Exhibit "A"; 2. The Income and Expense Statement of Paul C'riordano, at Exhibit "B", 3. Agreement for Defendant to waive all right, title and interest in the Plaintiffs vehicle in return for Plaintiff accepting responsibility for all Defendant's credit card debt, at Exhibit "C"; 4. Statement of the value of Husband's profit sharing plan with DaVita, at Exhibit "D". Plaintiff reserves the right to supplement this list. V. INCOME: Please see the Income and Expense Statement of Paul Giordano. (A copy of the Income & Expense Statement of Paul Giordano has been marked Exhibit "B" and attached hereto and incorporated herein by reference for the Master's convenience.) VL EXPENSES: Please see the Income and Expense Statement of Paul Giordano. (A copy of the Income and Expense Statement of Paul Giordano has been marked Exhibit "B" and attached hereto and incorporated herein by reference for the Master's convenience.) VII. REAL PROPERTY: Plaintiff and Defendant have no real property. VIII. VEHICLES: Defendant does not drive. Plaintiff has a 1998 Mazda Protege. Plaintiff and Defendant have signed an agreement in which the Defendant waived all right, title and interest in thw Plaintiff's vehicle in return for the Plaintiff accepting responsibility for all the credit card debt in the Defendant's name. (See copy of the Agreement attached hereto and made a part hpr Exhibit "C".) XVL PROPOSAL FOR SETTLEMENT: Retirement Plaintiff proposes Defendant shall receive one-half (1/2) of the vested value of his DaVita profit sharing plan at the time of the parties' separation. Plaintiff further proposes the Defendant's counsel shall prepare a Qualified Domestic Relations Order to accomplish this task. XM ALIMONY The Defendant made a choice during the marriage not to even learn how to drive, which the Defendant has now decided to do. It is the Plaintiff s position the Defendant has demonstrated the ability to be active in some portions of her life, while voluntarily choosing to not be active in other parts of her life. Defendant has been awarded Social Security Disability. Plaintiff has offered to pay the Defendant Three Hundred Dollars and No Cents ($300.00) until he reaches retirement age, Defendant cohabitates, remarries or :is deceased. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: April o<3 2004 Susan Kay Can ' [lo 7qt Counsel for P1 'ntrfj PA I.D. # 6499 5021 Trindle Roa Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 Exhibit "A" PAUL JOSEPH GIORDANO, SR., PLAINTIFF VS. ROBIN DAWN GIORDANO, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1288 CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE INVENTORY AND APPRAISEMENT FOR PAUL JOSEPH GIORDANO, SR. Plaintiff, Paul Joseph Giordano, Sr., files the following Inventory and Appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years. Plaintiff, Paul Joseph Giordano, Sr., verifies the statements made herein are true and correct. Plaintiff understands any false statements herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unswom falsification to authorities. PAUL JOSEP I GIORDANO, SR. .JJ ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. ( ) 1. Real property (X) 2. Motor vehicle(s), Boat ( ) 3. Stocks, Bonds, Securities and Options ( ) 4. Certificates of deposit (X) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and saving certificates ( ) 7. Contents of safe deposit box(s) ( ) 8. Trusts ( ) 9. Life insurance policies, (indicated face value, cash surrender value and current beneficiaries) ( ) 10. Annuities () 11. Gifts ( ) 12. Inheritance ( ) 13. Patents, Copyrights, Inventions and Royalties ( ) 14. Personal property outside the house ( ) 15. Businesses (list all owners, including the percentage of ownership, and officer/director positions held by a party with the company) ( ) 16. Employment termination benefits (severance pay, workman's compensation claim/award) (3) 17. Profit sharing plans (only 50% vested at time of separation) ( ) 18. Pension plans (indicate employee contribution and date plan vests) ( ) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits (7) 24. Debts due, including loans, mortgages held O 25. Household furnishings and personal (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other: Disability Settlement LIABILITIES OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following page: SECURED: ( ) 1. Mortgages ( ) 2. Judgements ( ) 3. Liens ( ) 4. Other secured liabilities UNSECURED- (J) 1. Credit card balances ( ) 2. Purchases (-X) 3. Loan payments ( ) 4. Notes payable ( ) 5. Other unsecured liabilities CONTINGENT OR DEFERRED: ( ) 1. Contracts or Agreements ( ) 2. Promissory notes ( ) 3. Lawsuits ( ) 4. Options ( ) 5. Taxes ( ) 6. Other contingent or deferred liabilities Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P. C, Dated: February-,,2L, 2004 (`;; Susan Kay n ie?o, 'squire Counsel for Plaintiff ;% PA I.D. # 64999 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 EXHIBIT "B" ry PAUL JOSEPH GIORDANO, SR., PLAINTIFF Vs. ROBIN DAWN GIORDANO, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1288 CIVIL TERM CIVIL ACTION - LAW ACTION FOR. DIVORCE INCOME AND EXPENSE STATEMENT OF PAUL JOSEPH GIORDANO. SR. Plaintiff, Paul Joseph Giordano, Sr., files the following Income and Expense Statement and verifies the statements made herein are true and correct. Plaintiff understands any false statements herein are made subject to the penalties of 18 Pa.C.'.>. §4904 relating to unsworn falsification to authorities. 1 r ? c PAUL JO$EP GIORDANO, SR. INCOME: Employer: DAVITA Address: Type of Work: Biomedical Technician Payroll Number: 0854030541 Pay Period: Biweekly Gross Pay Per Pay Period: $1,830.45 Itemized Payroll Deductions: Federal Withholding: 131.14 Social Security (FICA): 114.22 State Income Tax: 56.56 Local Income Tax: 28.18 Medicare: Retirement: Savings Bonds: Credit Union: Life Insurance: 9.60 Health Insurance: 101.27 Tax Deferred Comp: Fair Share Fee: Short Term Disability: 13.78 TOTAL: $ 1,375.70 OTHER INCOME (MONTHLY): None Employment: Interest: Dividends: Pensions: Annuity: Federal Withholding: Savings Bonds: Life Insurance: Credit Union: Social Security: Rents: Royalties: Expense Account: Gifts: Unemployment Compensation: Workmen's Compensation: Support: (child) TOTAL MONTHLY INCOME: $ 2,751.40 EXPENSES (MONTHLY): HOME: Mortgage: Rent: $ 680.00 Utilities: Electric: 90.00 Gas: 35.00 Oil: Telephone: Water/Sewer/Garbage Cell Phone: 50.00 EMPLOYMENT EXPENSES: Transportation: Lunches: 100.00 TAXES: School: Real Estate: Harrisburg City: Personal: Income: INSURANCE: Homeowners/Rental: Automobile: $ 85.00 Life: Accident: Health: AUTOMOBILE Payments: 298.00 Fuel: 90.00 Repairs: Maintenance: 47.00 Licenses/Registration (36.00 annual) MEDICAL: Doctor: 10.00 Dentist: 5.00 Hospital: Medicine/Prescription Drugs: PERSONAL Clothing: 25.00 Food: 120.00 Barber/Hairdresser: Laundry/Dry cleaning: 24.00 Memberships: Bank Charges: 15.00 Credit Card Payments: 35.00 Support: 1,460.14 MISCELLANEOUS: PapersBooks/Magazines: Entertainment: Legal Fees: TOTAL EXPENSES: Dated Total Monthly Income: Total Monthly Expenses Total Monthly Shortfall 25.00 75.00 $ 3,272.14 $ 2,751.40 $ 3,272.14 $ 520.74 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P. C. February-_ , 2004 .. _- \ Sus Kay Candye} re Counsel for Pl intiff PA I.D. # 64998 - . 5021 East Trindle Road Suite 100 Mechanicsburg, PA. 17050 (717) 796-1930 EXHIBIT "C" The parties having reached a mutual and voluntary Agr ement pertaining to the Husband's vehicle and the marital debt, wish to execute this kgreem nt with the intention that this will be a final resolution of the ownership of the 1998 Mazda Pro 16g6 and the responsibility for the marital debts for the purposes of any final marital property sett ement agreement reached in pursuit of a final decree of divorce. 1998 Mazda Protiek 1) Husband shall keep his 1998 Mazda Protege, titled in jo for Husband's vehicle in the joint names of both Husband and Wil vehicle is held in Husband's name alone through Bristol West.Insurar to relinquish all right, title and interests in this vehicle which she m marriage to Husband. Wife agrees to sign the title and all other nece; to this vehicle, placing the vehicle into Husband's name alone, as available for her to sign. Husband agrees to refinance the loan on alone, as soon as he is financially able. Husband agrees to be solel, insurance, and any additional expenses for this vehicle. Husband wil harmless from any failure or refusal to pay any fees or payments as This vehicle shall hereinafter be the sole and exclusive property of Hu; it names. There is a loan The insurance for this :e Company. Wife agrees ght have by virtue of her ;ary documents pertaining these documents become his vehicle into his name responsible for all loans, indemnify and hold Wife ociated with this vehicle. 2) The parties agree to execute any documents necessay to ffectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sale and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. a said documents shall be delivered to the parry entitled to receive same pursuant hereto o:n exec tion date. 3) In the event that any documents of title to the said vehicle bank or other holder of a lien or encumbrance upon either of the said that such vehicle be conveyed subject to the said lien or encumbrance will advise the bank and/or lienholder as to the transfer of title and tl whatever documents may be required to transfer title where the partie the hands of such bank and/or lienholder. Joint Debts and Liabilities The parties have the following credit accounts: s shall be in the hands of a vehicles, and it is intended the parties agree that they .y further agree to execute >' documents of title are in 1) Wal-Mart, with an approximate balance of ($681.88) 2) FCNB (Newport News), with an approximate balance of ($: 3) Fingerhut, with an approximate balance of ($540.68) 4) Capital One, with an approximate balance of ($472.44) (Balances are the approximate balances.) Husband agrees to assume full responsibility for each of accounts and balances. Husband will indemnify and hold Wife h refusal to pay any fees or payments associated with these accounts. Wal-Mart, FCNB (Newport News), and Fingerhut credit ac( alone and the parties have agreed to close these accounts. Capital alone. WITNESS R091-1,YD-AWN WIFE 0? ? WITNESS PAUL HUSB U? SS: COUNTY OF ^' ` On this, the l day of N--v^ -4 2004) for 12 ?4 r??¢ co . 5-vy ,_ X59 (14_}e-,-the undersigr appeared ROBIN DAWN GIORDANO known to me (or whose name is subscribed to the within Agreement, and ac same for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand and notarial Notary Public My Commission 19) above identified credit ess from any failure or were in Wife's name is in Husband's name SR. before me, a Notary Public ed officer, personally y proven) to be the person . that she executed the S-vsLti /`t'All i3 +-, PVo V ( 1 2*0 S' COUNTY OF _ yw, Ar- -_A4 SS: On this, the / I day of 2004, for _ /$ ? A4 L, -,S'vj EMI , 14 the undersigned appeared PAUL JOSEPH GIORDANO, SR. known to me (or satisf person whose name is subscribed to the within Agreement, and ackno the same for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand and notarial Notary Public My Commission me, a Notary Public personally i proven) to be the :d that he executed V'r V? /K'A ( I i 5 +' )ires:/U.,I1 2.4 Jr EXHIBIT "D" DAVITA INC. 21250 Homhorne Blvd Suite 800 Torrance, CA 90503 a11? S:Weeel xxxxx E:WaleO p v :..,m slkaW4l mull. u:oix 0854 PAUL J GIORDANO 40 OLDE HICKORY DR MOUNT WOLF, PA 17347 Your Account At-a-Glance This is an overview of your Plan account information. Fill renew n i, _.' statensent Carefully. Any eb"ges, errors or omissions abould be .:reported to SRS wrtbis30 drys::. $laase see Plan Nems ` section for important feisi tion this perfod,.. Your statement includes: Your Account At-a-Glance At Your Service Asset Allocation Summary Vesting Summary Investment Activity Summary Investment Performance Summary Funds Available in Your Plan Plan News Description DaV*l Account Statement DAVITA INC, PROFIT SHARING PLAN January 1, 2002 to March 31,'7-002 Page 1 of 6 24-hour account access Call Pilot at 1-800-541-7705 or log on to httpy/univemity.scuddecturn . for TDD service for the hearing impaired dial 1-800-784-0554. Date of hires 7/28/1997 Date of enrollment: 4/1/2000 The tota. aa(ccounntCt value Is: 57 Period 1/law2 to mi/20C2 Year 111002 to 3MIrA02 -57 Rome mberthetyou are notyetfully(100 IveaI ',in all ofthe contribution than soouur es within your account Asa result, the amountyou own today is less the total ending balance reported on this statement See your vested balance below. Your Vested balance •89 This amount represents money you own today. (From all contribution sources.) Your employer made contributions to your account of $553.65 this period SCUDDER I AI \r C o r u - v r o Account Statement PAUL J GIORDANO January 1, 2002 to March 31, 2002 DAVITA INC. PROFIT SHARING PLAN Page 2 of 6 Asset Allocation Summary This section lists your current investment elections by investment category, as well as by fund name. It also lists each of your elections as a percentage of your total retirement plan portfolio. Please see the Funds Available in Your Plan section for additional funds available to you. 24-hour account access. Call pilot at 1-800-541-7705 or log on to http,//univemitY.Scudder,com. For TOO service for the hearing impaired dial 1-800-7840554. Your current asset allocation by investment category Your current fund elections Shares/units owned Share/unit 3/312002 orinp Ending balance 3212002 Stable Value Scudder Stable Value Fund 3,455.5700 1.00 #,455.57 3.455.57 Total Vesting Summary Your vested balance is the amount that you own today. If you have vesnng questions, contact Human Resources. Contribution source Ending balance 3/31/2002 $3,455.57 Profit Sharing $3,455.57 tnaing balance $3,455.57 Investment Activity Summary This section snmmarius Your account activity by investment election. Scudder Stable Value Fund Total Account Activity Beginning balance m Dividends and i 1/12002 and othercredits (I nvestment eamings lq Ending balance 3/31/2002 $2.863.64 $553.66 $38.27 $3,455,57 $2,863.64 $553.66 $3827 $3,455.57 QIOO.O0% Stable Value Allocation of Your future contributors 100% 100% 1000/0 Your vested balance 18 3/31/2002 r"- Q $863.89 $863.89 This amount represents the mornYM own today. (From all contribution sourres.l SCUDDER W V t: C T M c AI T C ' y ` v 54 t PAUL JOSEPH GIORDANO, SR., PLAINTIFF VS. ROBIN DAWN GIORDANO, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 03-1288 CIVIL TERM : CIVIL ACTION -LAW : ACTION FOR ]DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 24, 2003. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements 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. 6 A57Lo 1. DATE PAUL JOS] H GI RDANO, SR. z? o L)i v Luo- iru c?v C PAUL JOSEPH GIORDANO, SR., PLAINTIFF VS. ROBIN DAWN GIORDANO, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVAD4IA : NO. 03-1288 CIVIL TERM : CIVIL ACTION -LAW : ACTION FOR ]DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) IJF DIVORCE CODE 1. I consent to the entry of a final decree of 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 unworn falsification to authorities. y s . DATE AUL JgS13P GI RDANO, SR. r ? Lr) p C w c,) ?a u ^° C? N U PAUL JOSEPH GIORDANO, SR., Plaintiff V. ROBIN DAWN GIORDANO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 1288 CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE. ACCEPTANCE OF SERVICE PURSUANT TO PA.R.C.P 4 02(B) AND PA.R.C.P. 1920.4 I, Robin Dawn Giordano, hereby accepted service of the Notice to Defend and Complaint for Divorce in the above-captioned matter on or about April 2, 2003. I hereby waive any and all defects in service of the aforementioned Complaint or any amendments hereto. Dated' C /7fv ?4'1' .Zy*+n?, Robin Dawn Giordano, Defendant U0 rvo jai owl v aIv 11. .. 4v-- -y . -- ....... ?. ., u ... -.. UNITED STATES POSTAL SERVICE, Date: 11 /07/2003 Fax Transmission To: SUSAN CANDIELLO Fax Number: 717-796-1933 Dear SUSAN CANDIELLO: The following is in response to your 11/07/2003 request for delivery information on your Certified item number 70012510000344399215. The delivery record shows that this item was delivered on 04/02/2003 at 12:35 PM in PASADENA, NID 21122. The scanned image of the recipient information is provided below. Signature of Recipient: ueRnryseotlon i wf A.i'?r ??GCJ6/J? Address of Recipient: e PA' Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service (-,. n? C' a'4: .._.? '1 in-' ... _ 'n r'; "_ i ? ! 7 ?•.? ??1 PAUL JOSEPH GIORDANO, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03 - 1288 CIVIL TERM ROBIN DAWN GIORDANO, : CIVIL ACTION - LAW Defendant : ACTION FOR DIVORCE. AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code, was filed on 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 1 verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: Y? 6 Y -466, - /..?...v Robin Dawn Giordano, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 43301(d) OF THE AIVQRCE CODE 1. I consent to entry of a final decree of 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. 1 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. §4904 relating to unworn falsification to authorities. Date: ?-/,)q/oc( &=Robin Dawn Giordano, Defendant _. ?, <? ?? 2-- ? - : _;, .,... _q . 7 ._ ' ?...? f 1i1. \: _l i ?_ j 1 I ' .. i i) PAUL JOSEPH GIORDANO, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. V. : N0.03 - 1288 CIVIL TERM ROBIN DAWN GIORDANO, : CIVIL ACTION - LAW Defendant : ACTION FOR DIVORCE. AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on nhaCr 2y, 2©u3 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service oi'notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. Date: /2yI Dy Paul Josephh ordar , Sr. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 43301(dl OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 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. §4904 relating to unswom falsification to authorities. C?, \Co? ? ?? . Date: 61 ?4 ?L/ Paul Joseph iorda , Sr. ^,, na 17-1 1, 'l 4 c`, c,,. PAUL JOSEPH GIORDANO, SR.,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03 - 1288 CIVIL ROBIN DAWN GIORDANO, Defendant IN DIVORCE ORDER OF COURT AND NOW, this J 11 k day of V`Ci4 2004, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on August 24, 2004, the date set for a Master's hearing, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final. decree in divorce can be entered. BY THE COURT, cc: ,ausan Kay Candiello Attorney for Plaintiff ,,dane Adams Attorney for Defendant I?N444*40\ Geo ge' f e P. ? I. _ /a OG -U y h I(] J?J J1 4) ? ?\?: 1 Jl j J?f whir ? ?'?f w? ??"5 PAUL JOSEPH GIORDANO, SR.: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ROBIN DAWN GIORDANO, Defendant N0. 03 - 1288 CIVIL IN DIVORCE THE MASTER Today is Tuesday, August 24, 2004. This is the date set for a hearing to take testimony on the factor of marital misconduct and how that factor may have affected wife's alimony claim and the issue of earning capacity of the wife. However, after assembling here this morning we have discussed the case in terms of a total resolution, and the parties and counsel have advised the Master that they have reached a settlement with regard to the outstanding economic claims. Therefore, we are going to put the agreement on the record in the presence of the parties and counsel. Present in the hearing room are the Plaintiff, Paul Joseph Giordano, Sr., and his counsel, Susan Kay Candiello, and the Defendant, Robin Dawn Giordano, and her counsel, Jane Adams. The parties were married on December 13, 1980, and separated on March 14, 2003. They are the natural parents of four children, two of the children are emancipated and two of the children are minors. The older minor child lives 1+ 4},er with the €*_*hlet and the younger minor child lives with the mother. The complaint in divorce was filed on March 24, 2003, raising grounds of divorce of irretrievable breakdown of the marriage. The master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree so a divorce can be concluded under Section 3301(c) of the Domestic Relations Code.l The affidavits and waivers will be filed by the Master with the Prothonotary's Office. The complaint did not raise any economic claims. On April 7, 2004, wife filed a petition raising claims of equitable distribution, alimony, and counsel fees and expenses. With respect to the alimony claim, in addition to the agreement which is going to be stated on record, the parties and counsel are also going to state a stipulation that resolves the marital misconduct factor issue which was to be heard today. The agreement that is going to be placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The agreement will be transcribed 1. The Plaintiff previously signed and filed an affidavit of consent and waiver of notice of intention to request entry of divorce decree. The date on the affidavit and waiver is June 15, 2004, and the documents were filed June 16th, 2004. However, we will use the documents signed by both parties today for the purpose of transmitting the record. and forwarded to counsel and the parties to review for typographical errors. Correction of typographical errors will be made and then the parties will be asked to affix their signatures to the agreement affirming the terms of settlement as stated on the record. However, if the agreement is not signed, nevertheless, the parties are bound by the terms of the agreement as stated on the record when they leave the hearing room today. The signatures on the agreement will be regarded as an affirmation of the settlement as stated on the record at this time. Upon receipt by the Master- of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe with the court requesting a final decree in divorce. Ms. Adams. MS. ADAMS: Regarding marital misconduct, the parties stipulate that husband and wife had certain interactions and that such interactions and statements made by husband caused wife marital stress and that such stress which was experienced by wife exacerbated her health condition to such an extent that she asked for assistance from SSI. Wife has not been able to receive assistance, and the parties are therefore entering into an agreement regarding alimony. Regarding SSI, wife has been found to be eligible for SSI but for her living circumstances. Specifically, wife currently lives with her parents, and the household income of that home precludes her from receiving SSI. The parties previously resolved all issues regarding equitable distribution. Husband and wife acknowledge they have previously divided their tangible personal property. Currently husband has provided a statement regarding his profit sharing plan with his employer. The profit sharing plan is held with Scudder Investments, and husband has provided a statement which indicates that he had a vested value in the Scudder account of $3,041.22 on or about the time of separation. The parties agree that they will cooperate in dividing this amount equally and that they will cooperate in effectuating a qualified domestic relations order to separate these funds. Wife agrees to withdraw her claim for counsel fees. The parties have also entered into a partial marriage settlement agreement, and everything in this marriage settlement agreement has been effectuated previously. All issues regarding debt have been resolved by the previous partial marriage settlement agreement between the parties. Husband again reaffirms today that he will continue to pay all payments due under that agreement and will honor his obligations under that agreement. Regarding alimony, wife is currently receiving the amount of $634.53 in spousal support.. Upon the entry of a final decree in divorce and promptly thereafter or immediately thereafter husband shall continue to pay $634.53 per month in alimony. The parties will cooperate in effectuating all paperwork which is required to put the alimony payments into effect. The alimony shall continue indefinitely; however, the parties shall be able to petition for a change in the alimony upon a substantial change of circumstances. The alimony will terminate upon death of either party, co-habitation of wife with another male individual not related to her or upon remarriage of` wife. The parties agree that the alimony shall be income to wife and deductible to husband for federal income tax purposes. Except as herein otherwise provided each party may dispose of his or her property in any way and each party hereby 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, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or visible to carry into effect this mutual waiver and relinquishment of such interest, right, and claims. MS. CANDIELLO: Mr. Giordano, do you fully understand the agreement as was stated by Attorney Jane Adams here today in Master Flicker's office on August 24th, 2004? MR. GIORDANO: Yes, I do. MS. CANDIELLO: Are you in agreement that this is the agreement you want to reach? MR. GIORDANO: Yes, I do. MS. CANDIELLO: Do you have any other questions? MR. GIORDANO: No. THE MASTER: Do you understand you're bound by the agreement when you leave this hearing room today even though it's not signed? MR. GIORDANO: Yes. MS. ADAMS: Okay, Robin, do you understand the agreement fully that we have just read into the record today? MRS. GIORDANO: I understand that I get six something a month, but I don't understand this thing about Scudder. How does that go about? It goes to the Domestic Relations first and then it -- I don't know. That's what I don't understand. (Whereupon, a recess was taken.) MS. ADAMS: The parties have agreed after the brief break that husband will provide all information regarding any possible 401(k) or pension plan, and if husband has such pension plan or 401(k), which could be deemed to be marital property, the parties shall divide such property equally. Robin, would you please state for the record whether or not you feel that you fully understand the parties' agreement at this time? MRS. GIORDANO: Yes, I agree. MS. ADAMS: Do you fully understand the agreement in other words? MRS. GIORDANO: Literally, yes. MS. ADAMS: Since we had our break, you feel that you understand the agreement to the extent that you can agree? MRS. GIORDANO: Yes. THE MASTER: You understand you're bound by the agreement when you leave the room today? MRS. GIORDANO THE MASTER: Yes. All right. Thank you very much. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 31.05 of the Domestic Relations Code. WITNESS: DATE: S C iello I Paul Jose h io dano, Sr. Attorn v fo Plaintiff 441 ' Robin Daw iordano torney for Defendant PAUL JOSEPH GIORDANO, SR., PLAINTIFF VS. ROBIN DAWN GIORDANO, DEFENDANT : IN THE COURT OF COMMON : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 03-1288 CIVIL TERM : CIVIL ACTION -LAW : ACTION FOR DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Code. 2. Date and manner of service of Complaint: The Defendant, Robin Dawn Giord signed the Acceptance of Service on August 24, 2004. Said Acceptance of was filed with the Cumberland County Prothonotary on August 24, 2004. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of Divorce Code by: Plaintiff: August 24, 2004 Defendant: August 24, 2004 4. (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All claims entry (d) The Marital Property Settlement Agreement has been filed by the Master, the parties reached a settlement agreement at the Master's hearing. This Agre is to be incorporated but not merged into the Divorce Decree. 5. I certify that the Waiver of Notice of Intention to Request Entry of a Divorce Under Section 3301(c) of Divorce Code, as required by Rule 1920.42(e)(1), executed on August 24, 2004 by the Plaintiff and on August 24, 2004 by the Defendant and filed by the Master. I further certify that all other documents by Rule 1920.42 are enclosed herewith. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLQ P.C. Dated: December ?, 2004 Counsel for I Taint' PA I.D. # 6499 5021 Fast Trindle Road Mechanicsburg PA 17050 (717) 796-1930 r? n ? ? o ? - c? 'TI .-.r, --i ? ;.. ° {`: T .M mil { ' ? `"?t7 _ ? .. T -?'^ ,"fi ? hi ? ?I : "J ?P. IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY STATE OF PENNA. Paul aoAp-p Gio2dano S2. No. 03-7288_ Civii 7e2m hiainti VERSUS Rof.in Damn (?io2dano De)eeadani DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT 1 au.? ,?Ohe Rh C?o2dano ??_ PLAINTIFF. AND J Uz Dawn Ciiuada n DEFENDA ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; i oVQ - > - - r BY THE: COURT: ATTEST i. PROTHON J1v 17 </ 'i''Z! Zr / PAUL JOSEPH GIORDANO, SR., IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBIN DAWN GIORDANO, Defendant NO. 03 - 1288 CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE. ORDER ?FOOR?P,A.YYMENT OF ALIMONY AND NOW, this / ?3 & day ofl) - , 2005, upon the joint motion of Plaintiff and Defendant, and to implement a provision of the Agreement of the Parties, we hereby order and decree as follows: 1. Plaintiff Paul Joseph Giordano shall pay to Defendant Robin Dawn Giordano alimony as follows: A. The amount of alimony shall be $634.53 per month. The alimony shall begin and shall be retroactive to January 11, 2005, which is the date of the Divorce Decree in the above-captioned matter and shall continue indefinitely. The parties shall be able to petition for a change in the alimony upon a substantial change of circumstances. In the event there are arrears, Plaintiff will pay arrears in the amount of $50.00 per month until paid in full. B. The alimony shall continue for an indefinite term. Alimony will terminate upon the death of either party, Wife's remarriage or cohabitation with a man not her spouse. Either party shall be able to petition for a change in the alimony upon a substantial change of circumstances. C. The payments made pursuant to this paragraph shall be treated by both parties as alimony whereby Husband deducts the payments from his income for tax purposes and Wife includes them in her income for tax purposes. D. The alimony payment shall be made through the Domestic Relations Office of Cumberland County which shall be attached to enforce the alimony provisions of this agreement. The alimony payments due under this Order shall commence the first day of the month following entry of the order pursuant to this stipulation. BY THE COURT, Distribution: ?ane Adams, Esquire, (Defendant's Attorney) 64 S. Pitt Street, Carlisle, PA 17013 LXusan Candiello, Esquire (Plaintiffs Attorney) 4010 Glenfinnan Place, Mechanicsburg, Pa. 17055 / 0? ..; . PAUL JOSEPH GIORDANO, SR., Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 1288 CIVIL TERM ROBIN DAWN GIORDANO, : CIVIL ACTION - LAW Defendant : ACTION FOR DIVORCE. JOINT MOTION FOR ENTRY OF ALIMONY ORDER AND NOW, this r2 1 day of FKw% r 1205 -ome the above-named parties and their attorneys and jointly move this court to enter the attached Order for the Payment of Alimony to implement a provision of their Agreement of the Parties made on August 24, 2004 before the Divorce Master. Susan Candie o, s uire Paul Jose h ' rdan Attorney for Plai ti Adams, Esquire mey for Defendant Robin Dawn Giordano 03 DOMESTIC RELATIONS ORDER FOR THE DAVITA INC. PROFIT SHARING PLAN DISTRICT COURT, COUNTY OF Cumberland , Pennsylvania Case No. 03-1288 civil MAY 1 0 2006 IIY:__- STATE OF DOMESTIC RELATIONS ORDER In re the Marriage of: -Paul Joseph Giordano Sr. , Petitioner, And -Robin Dawn Giordano- Respondent. 1. Participant. The Participant under the DaVita Inc. Profit Sharing Plan ("Plan"), is -Paul Joseph Giordano Sr., whose date of birth is 04/20/60 , having Social Security Number _139581738_ and whose Last Known Mailing Address is 29419 Matthewstown Road, Easton, MD 21601 2. Alternate Payee. The Alternate Payee under the Plan is Robin Dawn Giordano-, whose date of birth is 01/31/62, having Social Security Number T 218807625_ and whose Last Known Mailing Address is 9 Senate Drive Pasadena , MD 21122 3. Plan. This Order applies only to the DaVita Inc. Profit Sharing Plan. 4. Benefits Payable to Alternate Payee. This Order is effective as of 03/14/03,, which is the Effective Date. The Alternate Payee is entitled to $1520.66. Any loan balance outstanding as of the Effective Date shall be the sole responsibility of the Participant. The amount to be assigned to the Alternate Payee shall include a pro rata portion of each of the investments in the Participant's account on the Effective Date. In no event shall the Alternate Payee be entitled to any benefits, which are attributable to contributions made after the Effective Date. 389276 r ? 5. Time and Manner of Payment. The portion of the vested account balance assigned to the Alternate Payee shall be payable as provided below at the end of the month following the qualification of this Order. This payment shall be paid, as soon as administratively practicable following receipt of the appropriate application forms in a lump sum payment to the Alternate Payee. b. Maximum Benefit Payable from the Plan. The benefit assigned to the Alternate Payee shall not be greater than 50% of the Participant's vested account balance, less the balance of any outstanding loan. 7. No Conflict with Prior Orders. This Order is not intended and shall not be construed to require the payment of any benefits to the Alternate Payee, which are required to be paid to another alternate payee under another Order which was previously determined to be a QDRO. 8. Death of Participant Before Benefits Commence. In the event of the Participant's death prior to commencement of benefits pursuant to this Order, such benefits will commence immediately pursuant to the form of payment described in 5 above. 9. Death of Alternate Payee. In the event of the Alternate Payee's death, any benefits payable after death will be determined strictly in accordance with the form of payment then in effect as to the Alternate Payee. 10. Order Based on Plan as Now in Effect. This Order is based on the Plan as in effect on the day this Order is approved by the Court. The Plan is incorporated by reference and made a part of this Order. However, should any future Plan amendment change the forms of benefit available to the Alternate Payee under the Plan and this Order, then the forms of benefit available on the Alternate Payee's benefit commencement date shall be the forms of benefit available. Should any future Internal Revenue Code amendment prohibit any form of benefit available on the day this order is approved by the Court, then that form of benefit shall not be available to the Alternate Payee. Instead, the Alternate Payee may elect among the forms of benefit offered under the Plan, as they are effective as of the Alternate Payee's benefit commencement date. 11. General Provisions. A. It is intended that this Order shall qualify as a qualified domestic relations order ("QDRO") within the meaning of Internal Revenue Code Section 414(p) and the Employee Retirement Income Security Act of 1974 Section 206(d)(3). The provisions of this Order shall be administered in compliance with such provisions. 399276 2 B. The Alternate Payee shall be solely responsible for any income tax payable on amounts assigned to the Alternate Payee pursuant to this Order. The Participant's after-tax contributions, if any, shall be apportioned pro rata between the Participant and the Alternate Payee, determined as of the Effective Date. C. The Court shall retain jurisdiction to make changes in this Order to the extent necessary to cause the Order to qualify as a QDRO and to effect the intent of the parties. No change to this Order shall be effective until the plan administrator determines that the change does not adversely affect the Order's status as a QDRO. D. Notice of a change of address by any of the parties shall be made in writing to each of the parties and to the plan administrator of the Plan at the last current address on record. Dated this `% day of MAN 20 n . BY THE COURT: r District Court Judge Agreed to thisA3 day of , 20_A& 4?-AT 0. ? a Alternate Payee Robin Dawn Giordano Printed Name 06 399276 3 Paul Joseph Giordano Sr. Printed Name 7 ?r OKC ;Yj N v PAUL JOSEPH GIORDANO, SR., PLAINTIFF VS. ROBIN DAWN GIORDANO, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 03-1288 CIVIL TERM : CIVIL ACTION -LAW : ACTION FOR DIVORCE PETITION TO TERMINATE ALIMMONY AND NOW, come the Plaintiff, PAUL JOSEPH GIORDANO, SR., by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Petition to Terminate Alimony, upon a cause of action of which the following is a statement: 1. The Plaintiff, (hereinafter sometimes referred to as "Husband") is PAUL JOSEPH GIORDANO, SR., who currently resides at 1229 Bridge Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendant (hereinafter sometimes referred to as "Wife") is ROBIN DAWN GIORDANO, who currently resides at 3503 Davenport Court, Apt. "C", Pasadena, Maryland, 21122. 3. The parties entered into a marital settlement agreement following a master's hearing with Robert Elicker, Esquire. 4. In the marital settlement agreement Robert Elicker ordered "The alimony shall continue indefinitely; however, the parties shall be able to petition for a change in the alimony upon a substantial change of circumstances." (Please see attached copy of the marital settlement agreement attached hereto and made a part hereof at Exhibit "A".) 5. The Defendant at the time of the marital settlement agreement was receiving Six Hundred Thirty-Four Dollars and Fifty-Three Cents ($634.53) in spousal support. 6. The amount of alimony was established at Six Hundred Thirty-Four Dollars and Fifty-Three Cents ($634.53). 7. Plaintiff is and always has been current with his alimony and child support payments. 8. In the marital settlement agreement it was recognized Defendant was eligible for SSI, but, not able to collect SSI, due to the Defendant residing with her parents. 9. The Defendant's Father is now deceased and the Defendant has been asked to leave the home of her Mother. 10. The Defendant is presently eligible for SSI in the amount of Six Hundred and Eleven Dollars and No Cents ($611.00). 11. The parties recently participated in a support conference at Domestic Relations, the conference officer, did two (2) separate calculations; one using the Defendant's alimony as her income and the second using her SSI amount as her income. 12. Defendant is currently receiving Six Hundred Sixty-Four Dollars and Seventy Cents ($664.70) in child support. 13. If the alimony amount is used as Defendant's income her child support remains the same. 14. If the SSI income is used the Defendant's child support will increase by Two Hundred Dollars and No Cents ($200.00). 15. Defendant will receive child support for Brady Giordano for four (4) years additional years. 16. During those four (4) years, the Defendant has the opportunity to receive an additional Two Hundred Dollars and No Cents ($200.00), each month. 17. The difference between the Defendant's present alimony order and her current potential SSI income is Twenty-Three Dollars and Fifty-Three Cents )$23.53). 18. Plaintiff believes in four (4) years it is extremely probable the SSI income for the Defendant will increase at a minimum this difference between the alimony and SSI of Twenty- Three Dollars and Fifty-Three Cents ($23.53). 19. Defendant and the child would benefit from the additional Two Hundred Dollars and No Cents ($200.00) they could receive each month. 20. Defendant refuses to receive SSI, agree to terminate alimony and increase her child support, simply to spite the Plaintiff and Defendant has no concern for parties' child. 21. Plaintiff believes the Defendant is not making an intelligent decision for either herself or their child. WHEREFORE, Plaintiff, PAUL JOSEPH GIORDANO, SR., respectfully requests this Honorable Court ORDER and DIRECT the alimony award to the Defendant, ROBIN DAWN GIORDANO, be terminated. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: September 2009 Susan Kay Candiell ire Counsel for Plai ff PA I.D. # 64998 4010 Glenfinnan P echanicsbure PA 17055 EXHIBIT "A" b PAUL JOSEPH GIORDANO, SR., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03 - 1288 CIVIL TERM ROBIN DAWN GIORDANO, : CIVIL ACTION - LAW Defendant : ACTION FOR DIVORCE. ORDER FOR PAYMENT OF ALIMONY 1 AND NOW, this /54 day of .? 2005, upon the joint motion of Plaintiff and Defendant, and to implement a provision of the Agreement of the Parties, we hereby order and decree as follows: 1. Plaintiff Paul Joseph Giordano shall pay to Defendant Robin Dawn Giordano alimony as follows: A. The amount of alimony shall be $634.53 per month. The alimony shall begin and shall be retroactive to January 11, 2005, which is the date of the Divorce Decree in the above-captioned matter and shall continue indefinitely. The parties shall be able to petition for a change in the alimony upon a substantial change of circumstances. In the event there are arrears, Plaintiff will pay arrears in the amount of $50.00 per month until paid in full. B. The alimony shall continue for an indefinite term. Alimony will terminate upon the death of either party, Wife's remarriage or cohabitation with a man not her spouse. Either party shall be able to petition for a change in the alimony upon a substantial change of circumstances. C. The payments made pursuant to this paragraph shall be treated by both parties as alimony whereby Husband deducts the payments from his income for tax purposes and Wife includes them in her income for tax purposes. D. The alimony payment shall be made through the Domestic Relations Office of Cumberland County which shall be attached to enforce the alimony provisions of this agreement. The alimony payments due under this Order shall commence the first day of the month following entry of the order pursuant to this stipulation. BY THE COURT, Distribution: Jane Adams, Esquire. (Defendant's Attome,, 64 S. Pitt Street. Carlisle. PA 1701 Susan Candiello, Esquire (Plaintiffs Attorney) 4010 Glenfinnan Place, Mechanicsburg, Pa. 17055 /L 0 J. l i? 1 L? ,' PAUL JOSEPH GIORDANO, SR., Plaintiff V. ROBIN DAWN GIORDANO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 1288 CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE. JOINT MOTION FOR ENTRY OF ALIMONY ORDER AND NOW, this day of >7 20057come the above-named parties and their attorneys and jointly move this court to enter the attached Order for the Payment of Alimony to implement a provision of their Agreement of the Parties made on August 24, 2004 before the Divorce Master. ,< 1 0__ Susan Candie , s uire Paul Jose h rdan Attorney for Plai ti Adams, Esquire ney for Defendant _419 ' 1-1 __:M b-?? koL ' n Robin Dawn Giordano VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. e? ) '4?? DATED: po-t-L PAUL JO H GI RDANO, SR. ?? , i„ L' SEP 3 0 200 PAUL JOSEPH GIORDANO, SR., PLAINTIFF VS. ROBIN DAWN GIORDANO, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 03-1288 CIVIL TERM CIVIL ACTION -LAW ACTION FOR DIVORCE PETITION TO TERMINATE ALIMONY ccP4,,!?- AND NOW, this 6 day of Sepbevber, 2009, upon consideration of the Petition to Terminate Alimony, presented by Susan Kay Candiello, Esquire, counsel for the Plaintiff, Paul Joseph Giordano, Sr., A hearing on the Plaintiff's request to terminate the Defendant's alimon , is scheduled for the Day of 2009 in court room #, in the Cumberland County Courthouse, Carlisle, Pennsylvania, 17013. This ORDER shall be effect until further ORDER of this Court. r BY HE CO Judge v A "v"rl - OF THE PROTHONOTARY 2009 OCT -6 AM i0: 00 cuf&L f `G 1L,,',,? NTY PE NSYLa ANIIA, } PAUL JOSEPH GIORDANO, SR., PLAINTIFF V. ROBIN DAWN GIORDANO, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-1288 CIVIL TERM ORDER OF COURT AND NOW, this day of October, 2009, upon the request of Robin Dawn Giordano to participate by telephone in the hearing on October 26, 2009, on a petition of Paul Joseph Giordano, Sr., to terminate her alimony, the motion IS GRANTED.' She should be at Telephone Number 1-410-255-3056 and will be put on a speakerphone in the Courtroom at the commencement of the hearing. By the C yrt;- V-Susan Kay Candiello, Esquire 4010 Glenfinna Place /Mechanicsburg, PA 17055 A Robin D. Giordano, Pro se 3503 C. Davenport Court Pasadena, MD 21122 :sal 1:C3 ?'?s m ?.? ?f? ri 11'- Edgar B. Bayley, J. ' She maintains that she has been disabled since August 25, 2003, does not have a license or drive, is three hours away from this court, and has no way to attend the hearing. ? i? ??-t . ?r.?J r ??_ ?,- i { n?l??? 11''..r ? ?'" ?* PAUL JOSEPH GIORDANO, SR., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBIN DAWN GIORDANO, DEFENDANT 03-1288 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of October, 2009, following a hearing, the petition to terminate alimony, IS DENIED. Susan Kay Candiello, Esquire 4010 Glenfinna Place Mechanicsburg, PA 17055 _,?Robin D. Giordano, Pro se 3503 C. Davenport Court Pasadena, MD 21122 :sal Cc l £S ? By the , Edgar B. Bayley, FILED-OFFICE OF THE PROTHONOTARY 2009 OCT 27 Phi 1: 21 PENNS" LVII'VIFA In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ROBIN D. GIORDANO ) Docket Number: 03-1288 CIVIL Plaintiff ) vs. ) PACSES Case Number: 907113990 PAUL J. GIORDANO ) Defendant ) Other State ID Number: Order AND NOW to wit, this JUNE 3, 2013 it is hereby Ordered that: CO CS The credit balance of$727.72 from case number 367104523 is transferred and applied to this case as a credit. y C -- o ,..., r.'Ti ca C:C) w CD c�3 +� C >;�2 2 -O o r c—D fT1 N z_ .. --4 o z_ O N O` BY THE COURT: -t U4 M.L. Eb.Ot,Jr. JUDGE Form OE-520 02/11 Service Type M Worker ID 21104 � � INCOME WITHHOLDING FOR SUPPORT 0 ORIGINAL INCOME WITHHOLDING ORosRINoTICE FOR SUPPORT(IWO) �� ��� o � �� fM��^� <� xmEwoEoxwo ��� v ^,_�-r� �� ._�u� � ^��-`_��^�� OOws-nmEonoenwmncE FOR LUMP SUM PAYMENT 0~- \�9~L"J'^ `^-O rsnmIwxnowoFwo o��: C] Child Support Enforcement(CSE)Agency Court Attorney [I Private Individual/Entity(Check One) NOTE:This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender(see IWO instructions http://www.acf.hhs.gov/programs/cse/newhire/employer/publication/publication.htm-forms). If you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. Statef'rribe[Territory Commonwealth of Pennsylvania Remittance Identifier(include w/payment): 2388100975 City/County/Dist./Tribe CUMBERLAND Order Identifier: (See Addendum for order/docket informaiton) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) FRESENIUS MEDICAL CARE RE: GIORDANO,PAUL J. 920 WINTER ST Employee/Obligor's Name(Last,First,Middle) WALTHAM MA 02451-1521 139-58-1738 Employee/Obligor's Social Security Number (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name(Tast,First, Employer/Income Withholder's FEIN 042516906 NOTE:This IWO must be regular on its face. Under certain circumstances you must reject Child(ren)'s Name(s)(Last,First,Middle) Child(ren)'s Birth Datels) this IWO and return it to the sender(see IWO instructions you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBEF&,I, ROLOM-ty, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts frq-�Se eraplq4,eT! obligor's income until further notice, $ 0.00 Der month in current child support $ 0.00 per month in past-due child support- Arrears 12 weeks or greater? 0 ye 0 --rn $ 0.00 per month in current cash medical support C:)-1-1 $ 0.00 per month in past-due cash medical support 634.53 per month in current spousal support $ 0.00 per month in past-due spousal support $ 0.00 per month in other(must specify) for a Total Amount to Withhold of$ 634.53 per month. AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle bobein compliance with the Order Information. If your pay cvcle does not match the rd d payment cycle, withhold one of the following amoun w per weekly pay period. $ 317.27 per semimonthly pay period(twice amonth) $ per biweekly pay period (every two weeks) $ 634.53 per monthly pay period. ' $ Lump Sum Payment: Do not stop any existing you receive termination order. REMITTANCE INFORMATION: |f the emp{oyee/obUQo/s principal place of employment in within the Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs w rbinKg days after the date of . Send payment within working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor,withhold up to 55% of disposable income for all orders. |fthe emp|oyee/obUgor'a principal place of employment io not within the Commonwealth of Pennsylvania (Stote/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at .irams/cse/newhire/employer/contacts/contact mar). htm for the employee/obligor's principal p\mma of employment, � Document Tracking Identifier OMB No.:'� Form EN-O28OtK12 | Service Type K8 Worker /O $|/AT ❑ Return to Sender(Completed by Employertincome Withholder]. Payment must be directed to an SDU in accordance with 42 USC§666(b)(5)and (b)(6)or Tribal Payee(see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/issuing Official (if required by State or Tribal law): _ \ 4 Print Name of Judge/issuing Official: Title of Judge/issuing Official: Date of Signature: U If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order,a copy of this IWO must be provided to the employee/obligor. 171 If checked,the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law(23 PA C.S.§4374(b))requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 16 or more persons,or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit(PA SCDU)Employer Customer Service at 1-877-676-9580 for instructions.PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID(shown above as the EmployeelObligor's Case Identifier)OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: http:Hwww.act.hhs.aov/procirams/cse/`newhire/employerlcontacts/contacl map.htm Priority:Withholding for support has priority over any other legal process under State law against the same income(USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency,you may combine withheld amounts from more than one employee/obligor's income in a single payment.You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party,court,or attorney),you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court,Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency,you must follow the"Remit payment to"instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment.The pay date is the date on which the amount was withheld from the employee/obligor's wages.You must comply with the law of the State(or Tribal law if applicable)of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments:You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability- If you have any doubts about the validity of this IWO,contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date—05/31/2014.The OMB Expiration Date has no bearing on the termination date of the IWO;it identifies the version of the form currently in use. Form EN-028 06/12 Service Type M Page 2 of 3 Worker ID$IATT Employees Name: FRESENIUS MEDICAL CARE Employer FEIN: 042516906 Employee/Obligor's Name: GIORDANO, PAUL J. 2388100975 CSE Agency Case Identifier:(See Addendum for case summary,) Order Identifier:(See Addendum for ordeddocket information Withholding Limits:You may not withhold more than the lesser of: 1)the amounts allowed by the Federal Consumer Credit Protection Act(CCPA)(15 U.S.C. 1673(b));or 2)the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment(see REMITTANCE INFORMATION), Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes;Social Security taxes; statutory pension contributions; and Medicare taxes.The Federal limit is 50%of the disposable income if the obligor is supporting another family and 60%of the disposable income if the obligor is not supporting another family.However,those limits increase 5%-to 55%and 65%-if the arrears are greater than 12 weeks. If permitted by the State or Tribe,you may deduct a fee for administrative costs.The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders,you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO,you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(4)of the CCPA(15 U.S.C. 1673(b)). Depending upon applicable State or Tribal law,you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks?If the Order Information does not indicate that the arrears are greater than 12 weeks,then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are no longer withholding income for this employee/obligor,an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 0425169060 0 This person has never worked for this employer nor received periodic income. 0 This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/Tribal Payee: Final Payment Amount: New Employer's Name: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at:www.childsupport.state.paua. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST. P.O. BOX 320, CARLISLE, PA, 17013(Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at www.childsupport.state.pa.us. IMPORTANT:The person completing this form is advised that the information may be shared with the employee/obligor. OMB No.:0970-0154 Form EN-028 06/12 Service Type M Page 3 of 3 Worker ID$IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GIORDANO, PAUL J. PACSES Case Number 907113990 PACSES Case Number Plaintiff Name Plaintiff Name ROBIN D. GIORDANO Docket Attachment Amount Docket Attachment Amount 03-1288 CIVIL $ 634.53 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docke Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Form EN-028 06/12 Service Type M OMB No.:0970-0154 Worker ID $IATT