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Home My WebLink About00-07079` ROBERT F. CIOCHETTO r VS. 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff NO. CIVIL 19 00 - 7079 IN DIVORCE KRISTINA M. CIOCHETTO Defendant STATUS SHEET DATE: IU ACTIVITIES: Vv AAA-1.k `o . i? I ? 1 ( !! A'h Ht r ROBERT F. CIOCHETTO, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 00 - 7079 CIVIL KRISTINA M. CIOCHETTO, Defendant IN DIVORCE TO: Kristin R. Reinhold Nora F. Blair , Attorney for Plaintiff , Attorney for Defendant DATE: Friday, March 26, 2004 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. 7 (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, 11 Divorce Master Traci Jo Colyer Office Manager/Reporter May 26, 2004 West Shore 697-0371 Ext. 6535 Kristin R. Reinhold Charles E. Petrie Attorney at Law Attorney at Law SILLIKER & REINHOLD 3528 Brisban Street 5922 Linglestown Road Harrisburg, PA 17111 Harrisburg, PA 17112 RE: Robert F. Ciochetto vs. Kristina M. Ciochetto No. 00 - 7079 Civil In Divorce Dear Ms. Reinhold and Mr. Petrie: According to the file Mr. Petrie is of record in the civil action 00 - 7079. I do not have any appearance entered by Ms. Blair or a withdrawal of appearance by Mr. Petrie. The complaint in divorce was filed on October 13, 2000, raising grounds for divorce of irretrievable breakdown of the marriage. The complaint also raised the economic claim of equitable distribution. In looking over the certification documents regarding discovery, it appears that attorney Blair (who is not of record in the case) indicated that she was going to file a set of interrogatories to be responded to by the Plaintiff. According to the Plaintiff, no interrogatories have been filed since beginning of May. Consequently, I am going to proceed with this case and move it along as it is languishing for want of completion of discovery. I assume that the parties will file affidavits of consent so that there will be no issue with respect to grounds for divorce. I also assume that by the time we get to the pre-hearing conference the discovery will have been completed. I do not intend to deal with discovery issues at the conference as counsel have had sufficient time to complete the discovery matters inasmuch as the case was filed on October 13, 2000. r Ms. Reinhold and Mr. Petrie, Attorneys at Law 26 May 2004 Pa e 2 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, June 18, 2004. Upon receipt of the pretrial 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 NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 192033. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. cc: Nora F. Blair, Attorney at Law ROBERT F. CIOCHETTO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW . NO. 00 - 7079 CIVIL KRISTINA M. CIOCHETTO, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Kristin R. Reinhold , Attorney for Plaintiff Nora F. Blair , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 23rd day of September, 2004, 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 possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 7/12/04 E. Robert Elicker, II Divorce Master Kristin R. Reinhold, Attorney for Plaintiff, filed a pre-trial statement on June 18, 2004. Nora F. Blair, Attorney for Defendant, has not filed a pre-trial statement as of the date of this notice. ?rsv 2 ROBERT F. CIOCHETTO, Plaintiff VS. KRISTINA M. CIOCHETTO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NUMBER; 00-7079 CIVIL ACTION - LAW CUSTODY MEMORANDUM NOW COMES the defendant, KRISTINA M. CIOCHETTO, by and through her attorney, Charles E. Petrie, and respectfully represents as follows: POSITION ON CUSTODY Defendant believes and avers that Defendant should have primary physical custody and the parties should continue to share legal custody. Dominick Keye Ciochetto was born on August 18, 1998. The parties separated in September, 2000. The Custody Order entered on June 20, 2001, resulted in the parties' sharing physical custody of Dominick. Father presently has Dominick from Sunday at 5:00 P.M. until Wednesday at approximately 11:00 A.M. Mother has the child the remainder of the time. Now that the child will be attending school, the matter of primary physical custody is at issue because of the physical distance between the parties and the parties' work schedules. ARGUMENT IN FAVOR OF DEFENDANT Mother is presently employed at Wendy's in Lickdale, Pennsylvania. She has another child, Alyssa, age 9, and the children are very close emotionally. They will attend school together if Mother is the primary custodian. Mother's work hours during school are 9:00 A.M. until 3:00 P.M. Dominick's school hours will be from 8:30 A.M. until 11:45 A.M. He will be in day care during his kindergarten year only from noon until 3:30 P.M. Beginning in first grade Mother will put Dominick on school bus every day and will be home to meet him every day after school. .d Father's present work schedule requires him to work Wednesday, Thursday, and Friday evenings, as well as weekends. He will not be available for the child after school on weekday evenings. Mother proposes the following schedule for Father's periods of temporary physical custody: 1. Every other weekend from Friday after school until Monday morning, if Father is able to return the child to school on Monday morning. Otherwise, Father will return the child on Sunday evening. One-half of the Christmas vacation. Every Monday when the child has no school. A return to the existing schedule during the summer months. Defendant offers the following witnesses in addition to her own testimony: 1. Defendant's mother, Paula Moyer, who will testify as to Mother's parenting skills and offer a rebuttal if necessary to the incident that occurred at McDonalds. 2. Michelle Snedden, a neighbor of Defendant. Michelle's children play with Defendant's children. Michelle is aware of Defendant's parenting skills and the close relationship between Dominick and his sister, Alyssa. 3. Alyssa will be available for testimony at the Court's discretion. Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 ATTORNEY FOR DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ROBERT F. CIOCHETTO, PLAINTIFF VERSUS KRISTINA M. CIOCHETTO, DEFENDANT No. 00-7079 CIVIL TERM DECREE IN DIVORCE AND NOW, IT IS ORDERED AND ROBER F. CIOCHETTO DECREED THAT AND KRISTINA M. CIOCHETTO ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, DEFENDANT, 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; ALL ISSUES RAISED IN THE PLEADINGS BY THEJCOURT: ATTEST: J. ? s • PROTHONOTARY ROBERT F. CIOCHETTO, Plaintiff V. KRISTINA M. CIOCHETTO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7079 CIVIL TERM CIVIL ACTION - LAW 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. Ground for divorce: irretrievable breakdown under Section (X) 3301 (c) 33) 01 (d) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: October 19, 2000, by Certified Mail. 3. Complete either (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: August 11, 2004 by Plaintiff, August 5, 2004 by Defendant. (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: The Court retains jurisdiction overall ancillary claims. 5. Complete either (a) or (b). (a) Date and manner of service of Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: August 12, 2004. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: August 12, 2004. 6. Social Security Numbers: (a) Plaintiff: 186-46-3664 (b) Defendant: 561-19-5326 r on A ROBERT F. CIOCHETTO, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Qp 7077 Ltv?C-7- KRISTINA M. CIOCHETTO, CIVIL ACTION - LAW Defendant IN DIVORCE/CUSTODY 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 maybe entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO 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 Telephone: (717) 249-3166 ROBERT F. CIOCHETTO, Plaintiff V. KRISTINA M. CIOCHETTO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO."-'7675' et;;)-Iz,,._ CIVIL ACTION - LAW IN DIVORCE/CUSTODY COMPLAINT IN DIVORCE 1. The Plaintiff is Robert F. Ciochetto, an adult individual currently residing at 6 Woodmere Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Defendant is Kristina M. Ciochetto, an adult individual residing at 25 Maple Avenue, Pine Grove Pennsylvania, 17963. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 25, 1998, in Cumberland County, Pennsylvania. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. This action is not collusive. 7. Plaintiff and Defendant have been living separate and apart since September 23, 2000. 8. The causes of action and section of the Divorce Code under which Plaintiff is proceeding is Section 3301(c) - The marriage of the parties is irretrievably broken. 9. Plaintiff and Defendant have one child under the age of eighteen, namely Dominic Keye Ciochetto, born August 18, 1998. 10. Plaintiff has been advised of the availability of marriage counseling and understands that he may request that his spouse and he participate in counseling. 11. Plaintiff does not request that the Court require that his spouse and he participate in counseling prior to a divorce decree being handed down by this Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a final decree in divorce. COUNTI CHILD CUSTODY 12. Paragraphs one through eleven are incorporated herein by reference. 13. The subject child is Dominic Key Ciochetto, born August 18, 1998. 14. The relationship of the Plaintiff to the subject minor child is that of natural father. 15. The relationship of the Defendant to the subject minor child is that of natural mother. 16. The minor child has resided at the following addresses, in the custody of the following individuals: a. From birth, August 18, 1998 to September 23, 2000 - the subject minor child resided at 6 Woodmere Drive, Camp Hill, Cumberland County, Pennsylvania, in the custody of the Plaintiff and Defendant. b. From September 23, 2000 to the present, the subject minor child has resided at 25 Maple Avenue, Pine Grove, Pennsylvania, in the custody of the Defendant. 17. There have been no prior actions for custody of the subject minor child in this or any other jurisdiction. 18. The Plaintiff is not aware of the existence of any other individuals who have any type of claim whatsoever regarding the custody of the subject minor child. 19. The Plaintiff believes and therefore avers that it is in the best interest of the subject minor child that he be entitled to joint legal custody and partial physical custody for the purposes of visitation. WHEREFORE, Plaintiff requests this Honorable Court award him partial custody rights concerning the subject minor child. COUNT II EQUITABLE DISTRIBUTION 20. Paragraphs one through nineteen are incorporated herein by reference. 21. During their marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Sections 3501 et.seq. of the Divorce Code of 1980. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably distribute all marital property, both real and personal, owned by the parties. Date: Q 6 6 Respectfully sub `itted F? istin ei Es( 5922 Li alestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Plaintiff A F F I D A V I T I, 9013FR% F Ciocn?116hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Dated: (, 7 A ROBERT F. CIOCHETTO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. No. 00-7079 CIVIL TERM KRISTINA M. CIOCHETTO, CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 13, 2000. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unworn falsifications to authorities. Date: f -// 4 GJ '9 bert . Ciochetto C) r? c? ?r ? rr E .?t -?: 2 -a ? _ s' :: ?` . ern _ ' . .? C } ? t?? ' ? _.? ,. - ?? _ "?d::-ri `?JC ; c ? rt'=a =. .e° ,a? ROBERT F. CIOCHETTO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 00-7079 CIVIL TERM KRISTINA M. CIOCHETTO, CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 13, 2000. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsifications to authorities. ? Date: ` 5-,Zgd6 Kristin M. Ciochetto a n ? s a:? ,?,.fr+ .,?VwBA aA'ss ?g wwra wa ?r i' xnm :ter ? M1J ?° CST Fv C.7 ! , ROBERT F. CIOCHETTO, Plaintiff V. KRISTINA M. CIOCHETTO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-7079 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree 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. r 5 +9 ?? 1?Bd?? Date: -??? Kristina M. Ciochetto L? L .. `/ .. rQ '^r Z7 ROBERT F. CIOCHETTO, Plaintiff V. KRISTINA M. CIOCHETTO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-7079 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree 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. Date: ®Y 9:?, - bert . Ciochetto (`1 N r:a I..?. ?:"? ^1'i i'li7' ?,^ y k`t7 -: ;' G: ..-Q iT7 _?'??-' ' e' "J ;.fa ,.y. 'Y f"°7 r : ?o- C7 '??•i'7'1 ?r ?, " _. - t 0? ROBERT F. CIOCHETTO, Plaintiff V. KRISTINA M. CIOCHE'rTO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7079 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE The undersigned, Beth Lengel, hereby certifies that a copy of a Complaint in Divorce was served upon hristina M. Ciochetto, on October 19, 2000, by certified mail, return receipt requested, addressed as follows: Kristina M..Ciochetto 25 Maple Avenue Pine Grove, PA 17936 I hereby certify that the aforegoing is true and correct to the best of my knowledge, information aiid h?_ I ef. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. L63- 00' Date: d SENDE V .Complete 'm • Complete 0 • Print yow card to yyr `N • Attach thi m permit. • Write "Re Y The Retu delivered 0 3. Article ?ic-flall Beth Lengel *also wish to receive the it"s 1 and/or 2 for additional services. - ' following services (for an items 3, 4a, and 4b. name and address on the reverse of this form so that we can return this extra fee): ai u form to the front of the mailpiece, or on the back if space does not t . ? Addressee's Address V 2 !um Receipt Requested" on the mailpiece below the article number. 2. Restricted Delivery n Receipt will show to whom the article was delivered and the date Consult postmaster for fee. to: h #^ 41 as ???? gvlNe Glom, AA 79,36 5: Regwved By: (Print -- 6.'Signa e: (Add s: r . aX 4a. Article Number 2 f Ca4q 3 4b. Service Type ? Registered Certified x Cl Express Mail Insured c ? Return Receipt for Merchandise ? COD 7. Date of Delivery 0 -1 1-vb ' 1 Address (Only it requested Vkldressee's x and-fee is'paid) C r w ;""? ? = a? ' m ? ? ?-?, ? - i rt,3 . iL,7 ?1=. c,"?? -`z 1, -C.,.; `? '?+ CCi ,? _ ' ?? ? -t ?: ? Z ..- t -G ? -t SILLIKER & REINHOLD LAW OFFICES 5922 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA 17112 MARK T. SILLIKER KRISTIN R. REINHOLD October 26, 2004 E. Robert Elicker, Esquire 9 North Hanover Street Carlisle, PA 17013 Re: Robert F. Ciochetto v. Kristina M. Ciochetto No. 00-7079 Civil Term Dear Mr. Elicker: PHONE: (717) 671-1500 FAX: (717) 671-6968 As you will recall, I represent Robert Ciochetto relative to the above-captioned divorce matter. We had a pre-hearing conference before you on September 23, 2004. Fortunately, the parties were able to resolve this matter and have executed the enclosed Marriage Settlement Agreement which I am filing with the Court by mail on this date. As the parties have already been divorced by Decree dated August 23, 2004, please advise whether I need to provide you with anything more to finalize this matter. I will provide you with a motion to revoke your appointment as master when you have directed that the time is appropriate. Should you have any questions or should you need further documentation, please do not hesitate to contact me. Sincerely, R. Reinhold KRR/rsd Enclosure Cc: Robert Ciochetto Nora F. Blair, Esquire ROBERT F. CIOCHETTO, Plaintiff V. KRISTINA M. CIOCHETTO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-7079 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Robert F. Ciochetto, Plaintiff, moves the Court to appoint a Master with respect to the following claims: (X) Divorce () Annulment () Alimony () Alimony Pendente Lite (X) Distribution of Property O Support O Counsel Fees () Costs and Expenses And in support of the Motion states: Discovery is complete as to claims for which the appointment of Master is requested. The Defendant (x) has ( ) has not appeared in the action `'() personally (x) by her attorney, Nora Blair, Esquire. The statutory grounds for divorce are: 3301(c) and 3301(d) 4. Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An Agreement has been reached with respect to the following V (c) The action is contested with respect to the following claims: equitable distribution 5. The action () involves (x) does not involve complex issues of law or fact. 6. The hearing is expected to take four hours. Additional information, if any, relevant to the motion: Date: I © O sti . Re' of , Esquire AND NOW, this , 2004,/c esquire, is hereby appointed Master with respect to the following claims: . BY THE COURT: p. J. )i () -)F . r: `riI Eli-C'.=1 , _ OF THE' ID I- r- U I C) o c> c.a - .j P ._ . ', g?hrww?_aarp?!ti»-:rzS&?e?as!e?LTWR%ifi!#?49Fe???#?o•c xa ,,,„.::r.- R'Ne.,..rxmMx, _ ?W?Rf.w,' ??' ROBERT F. CIOCHETTO, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 00 - 7079 CIVIL KRISTINA M. CIOCHETTO, Defendant IN DIVORCE TO: Kristin R. Reinhold Nora F. Blair , Attorney for Plaintiff , Attorney for Defendant DATE: Friday, March 26, 2004 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. ? i3/Rq/oq ATE CPTJNSLJL FO PL91 TIF ) eOUNSEIL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. SILLIKER & REINHOLD LAW OFFICES 5922 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA 17112 MARK T. SILLIKER KRISTIN R. REINHOLD May 25, 2004 Robert E. Elicker, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Ciochetto v. Ciochetto No. 00-7079 In Divorce Dear Mr. Elicker: PHONE: (717) 671-1500 FAX: (717) 671-8968 As you may recall, I represent Robert F. Ciochetto relative to the above-captioned divorce matter. Mr. Ciochetto filed a Motion for Appointment of Master on March 19, 2004.' Subsequently, we filed our certification dated March 29, 2004, that discovery was complete. Although I have never received a copy of opposing counsel's certification, it is my understanding that at some point Attorney Blair filed a certification setting forth that discovery was not complete. Several weeks have now passed and we still have not received any request from Attorney Blair for additional information, nor have we been served with discovery. I would further note that the parties were married for approximately two years and have now been separated for four years, during which period Mr. Ciochetto has been paying spousal support. Therefore, I would be most appreciative if you could issue a pre-trial directive relative to this matter. Should you have any additional question, or should. yo. be need of I ir+her information, please do not hesitate to contact me. Sincerely, R. Reinhold KRR/jk CC: Robert Ciochetto SILLIKER & REINHOLD LAW OFFICES 5922 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA 17112 MARK T. SILLIKER KRISTIN R. REINHOLD May 5, 2004 Robert E. Elicker, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Ciochetto v. Ciochetto No. 00-7079 In Divorce Dcar Mr. Elicker: PHONE: (717) 671-1500 FAX: (717) 671-8968 As you may recall, I represent Robert F. Ciochetto relative to the above-captioned divorce matter. Mr. Ciochetto filed a Motion for Appointment of Master on or about March 19, 2004. Shortly thereafter, we received a letter from your office requesting that each parry certify that discovery is complete. The certification documents were to be returned within two weeks of Friday, March 26, 2004. Although I sent to you my certification dated March 29, 2004, I have not received a copy of a certification from Nora Blair, Esquire, counsel for Kristina Ciochetto. Therefore, I would be most appreciative if you could issue a pre-trial directive relative to this matter. Should you have any questions or should you be in need of any additional information, please do not hesitate to contact me. KRR/rsd Cc: Robert Ciochetto ROBERT F. CIOCHETTO, Plaintiff vs. KRISTINA M. CIOCHETTO, Defendant TO: Kristin R. Reinhold Nora F. Blair THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 - 7079 CIVIL IN DIVORCE , Attorney for Plaintiff , Attorney for Defendant DATE: Friday, March 26, 2004 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. Js: Ar f oT.a asV 0 N /L4 T-?.? £ NL-l?C ?u j d n Tq? l??S ?2`s (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. Mg ???ebu?r? ??s C,4 Cl % Cvej' E on on h CP,7 Go q pG T-iu `Z/L, lLd Z'1-7-b.4 es SEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT () NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. 0 ROBERT F. CIOCIIETTO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-7079 CIVIL KRISTINA M. CIOCHETTO, CIVIL ACTION - LAW Defendant IN CUSTODY PLAINTIFF'S MEMORANDUM AND NOW, comes the Plaintiff, Robert F. Ciochetto, by and through his attorneys, The Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully presents this Memorandum as follows: 1. PLAINTIFF'S POSITION: Father filed a Petition to Modify Custody on or about May 16, 2003, seeking primary custody of the parties' child, Dominic Keye Ciochetto, born August 18, 1998. The child is scheduled to begin kindergarten in fall of 2003 and the parties current custody arrangement is impossible to maintain due to the distance between the two parties' homes. Father currently has custody of the child from Sunday afternoon until Wednesday morning every week. Father has proposed that he would have custody from Monday after school through Friday morning each week, while Mother would be entitled to Friday after school through Monday morning each week. Father feels this schedule is in the best interests of their child because it maximizes each parent's time with him. Father has been a restaurant manager for twelve years and has been the general manager at Coakley's Restaurant in New Cumberland for the past seven years. Due to the nature of his business, he must work double shifts over the weekends. As Mother resides in Pine Grove and Father resides in Camp Hill, he would be unable to exercise any significant time with the child once the school year began if Mother were to remain as primary custodian. Further, Father believes that the West Shore School District where he resides is superior academically to Pine Grove School District where Mother resides. Father believes he is better suited to be the primary caregiver because he is more academically oriented than Mother and has a better home environment in which to raise the parties' son. As well, under Father's proposal, the child would spend significant time with each of his half siblings; Michaelina, who lives with Father and Alyssa, who lives with Mother. II. A. Robert F. Ciochetto 6 Woodmere Drive Camp Hill, PA 17011 Mr. Ciochetto shall provide general testimony regarding the current custodial arrangement, his observations of Dominic and other individuals involved in his day-to-day life and shall provide information necessary to assist the Court in establishing an appropriate custodial arrangement for Dominic. B. Alyssa Girard 6 Woodmere Drive Camp Hill, PA 17011 Ms. Girard, Mr. Ciochetto's girlfriend and mother of his child, Michaelina, shall testify regarding her observations of Dominic and Father and shall provide information necessary to assist the Court in establishing an appropriate custodial arrangement. J C. Charles Ciochetto 229 Meadowbrook Road Hermitage, PA 16148 Mr. Ciochetto, Plaintiff s father, shall provide general testimony regarding his observations of Dominic and Plaintiff and shall provide information necessary to assist the Court in establishing an appropriate custodial arrangement. Respectfully 7( 1o?IC) 5922 ? inglestown Road Harrisburg, PA 17112 (717) 671-1500 ID No. 57911 Attorney for Plaintiff Yk JUN 1 1 2001 ROBERT F. CIOCHETTO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-7079 KRISTINA M. CIOCHETTO, : CIVIL ACTION - LAW Defendant : CUSTODY ORDER OF COURT AND NOW, this °7"l) day of June, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Robert F. Ciochetto, and Kristina M. Ciochetto, shall have shared legal custody of their minor Child, Dominic Keye Ciochetto, born August 18, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Father shall have physical custody from Sundays at 5:00 p.m. until Wednesday morning, when he returns the Child to the daycare provider. Father's periods of custody shall occur on a weekly basis. Mother shall have custody all times when Father does not have custody. 3. Transportation. Transportation incident to custodial exchanges shall be shared by the parties with Mother providing transportation at the beginning of Father's custodial period on Sundays and Father providing the transportation at the beginning of Mother's custodial period on Wednesday mornings. 4. Vacation. Each party shall be entitled to up to one continuous week of summer vacation with the Child per year. 5. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. No. 00-7079 6. Holidays. Holidays shall be arranged as follows: A. Mother's Day/Father's Day. Mother shall have custody until 7:00 p.m. each Mother's Day. Father's Day period of custody shall begin at 6:00 p.m. on Father's Day each year. B. Memorial Day/Thanksgiving. Memorial Day each year shall be with Father; Thanksgiving each year shall be with Mother. C. Christmas. The parties shall share time with the Child at Christmas as they shall both agree. In the event that the parties are unable to work out a plan for Christmas that is mutually satisfactory, either party may request an additional Custody Conciliation Conference to'resolve this single issue. 7. This Order is temporary in nature and may be modified by mutual agreement of the parties. Dist: Kristin R. Reinhold, Esquire, 5922 Linglestown Road, Harrisburg, PA 1711 Jeanne' Costopoulos, Esquire, 1400 N. Second Street, Harrisburg, PA 17102 lii: U PE NNSYL4,Aj\1?A ROBERT F. CIOCHETTO, vs. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA KRISTINA M. CIOCHETTO, Defendant : NO. 00-7079 : CIVIL ACTION - LAW : CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dominic Keye Ciochetto August 18, 1998 Mother 2. A Custody Conciliation Conference was held on May 29, 2001, with the following individuals in attendance: the Father, Robert F. Ciochetto, and his counsel, Kristin R. Reinhold, Esquire; the Mother, Kristina M. Ciochetto, and her counsel, Jeanne' Costopoulos, Esquire. 3. The parties were separated on September 23, 2000, and the divorce action was subsequently filed on October 13, 2000. This is the first Custody Conciliation Conference for these parties. The parties reached an agreement in the form of an Order as attached. 16Z Date (_ Aar e &?, , Melissa Peel Greevy, Esquire Custody Conciliator OCT 3 0 2001,bi' ROBERT F. CIOCHETTO, vs. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA KRISTINA M. CIOCHETTO, Defendant NO. 00-7079 CIVIL ACTION - LAW CUSTODY ORDER OF COURT Bayley, J. - AND NOW, this « day of M 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: This Court's Order of Junec)OA001, shall remain in full force and effect with the following additions: A. Christmas Holiday. The Christmas holiday shall be defined as the period from December 24th at 5:00 p.m. until December 27th at 11:00 a.m. Mother shall have the custodial period for the Christmas holiday 2001 and Father shall have custody for the Christmas holiday period in the year 2002 and in 2003. Effective 2003, the parties will then alternate the Christmas holiday beginning with Father. B. New Year's Eve. On those years when Father is required to work on New Year's Eve, Mother shall have custody of the Child. BY TtJE-COURT, Edgar B. Bayley, Dist: Kristin R. Reinhold, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112 Kristina M. Ciochetto, 19 E. Main Street, Tremont, PA 17981 al.o r ?; ? -. . c ? _ ^L?G- ?"? l ,y 1 ': ; ? _' ?[:? 3 yt, v ? l ? :?? ROBERT F. CIOCHETTO, vs. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA KRISTINA M. CIOCHETTO, Defendant NO. 00-7079 : CIVIL ACTION - LAW : CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dominic, Keye Ciochetto August 18, 1998 Mother 2. The parties were seen for their second Custody Conciliation Conference on October 15, 2001, with the following individuals in attendance: the Father, Robert F. Ciochetto, and his counsel, Kristin Reinhold, Esquire; the Mother, Kristina M. Ciochetto, appeared pro se. 3. The parties were seen at the request of Mother's previous counsel to establish a schedule for Christmas holiday custody. The parties reached an agreement in the form of an Order as attached, premised in part on Mother having had custody for the period of December 24, 2000, through December 26, 2000, at 2:00 p.m. Date Melissa Peel Greevy, Esquir Custody Conciliator I JUN 1 2 2003 \i. ROBERT F. CIOCHETTO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 00-7079 CIVIL TERM V. CIVIL ACTION - LAW KRISTINA M. CIOCHETTO, IN CUSTODY Defendant BAYLEY, J. -- ORDER OF COURT AND NOW, this ? day of June, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: A hearing is scheduled in Courtroom Number 2 of the Cumberland County Courthouse, on the 30`" day of July, 2003, at 8:45 o'clock A.M., at which time testimony will be taken. For the purposes of the hearing, the Father, Robert F. Ciochetto, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY Edgar B. Bayley, J. Dist: Kristin R. Reinhold, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112 L. / 3 03 Nora F. Blair, Esquire, 5440 Jonestown Road, Harrisburg, PA 17112 /?" " 4Y mil; !. I._.y .. _ .mmS+sm . '?ap??wx?a?^e a^.?' m=a.^+R..w-. s+wa? ? +x+??r»as:3,.a?TZ?.?runrr a i...-na'sain?g..^me?E+ ?Aia ROBERT F. CIOCHETTO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7079 CIVIL TERM V. CIVIL ACTION - LAW KRISTINA M. CIOCHETTO, Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH Dominic Keye Ciochetto August 18, 1998 CURRENTLY IN THE CUSTODY OF Mother 2. A Custody Conciliation Conference was held on June 9, 2003 with the following individuals in attendance: the Father, Robert F. Ciochetto, and his counsel, Kristin R. Reinhold, Esquire; the Mother, Kristina M. Ciochetto, and her counsel, Nora F. Blair, Esquire. The conference was scheduled following Father's filing of a Petition to Modify on May 16, 2003. 3. Father's position on custody is as follows: Father filed seeking primary custody because the child begins kindergarten in the Fall of 2003 and the parties will not be able to continue their present schedule of custody once the school year begins. Father also reports concern about the amount of supervision that Mother has provided for the child. He references two incidents. In the first incident he alleges that the child was injured in a fall when Mother was not giving the child appropriate supervision at a playground in a local McDonalds. The second incident he refers to a phone call he received from Mother. indicating that she had recently had to kill a bat which had gotten into the child's room, but had not checked to see whether the bat had bitten the child before the transfer of custody to Father occurred. Father believes that primary custody should be transferred to him because this would allow the child to continue his relationship with his Father. He believes he is the better situated to be the primary caregiver because he has a home, a yard to play in, and is more academically oriented than is Mother. Father also believes that the schools in the West Shore School District are superior to those in Pine Grove School District. Father reports that he would change his present work schedule to allow him to work fewer weekday hours at his job as the general manager of Coakley's. He proposed that the child live with him Monday through Friday of each week and that Mother could have custody Friday after NO. 00-7079 CIVIL TERM school is dismissed until the child is returned to either school or the day care provider on Monday morning. Father reports that he is not able to change his work hours on the weekend because that is the busiest time in the restaurant business. Therefore, if he is not able to have custody of the child during the week because the child is attending school, he will also not be able to have custody of the child on the weekends due to his work schedule. Father presently resides in New Cumberland with his girlfriend and their 7 month old baby. 4. Mother's position on custody is as follows: Mother is opposed to switching primary custody to Father because she believes that she has been the primary care giver throughout the child's life. She is reportedly skeptical about whether Father will shorten his work hours as he has offered to do, and is concerned that the child will be left in the care of Father's girlfriend. Mother also expresses significant concern about the child being separated from his 9 year old half sister to whom she reports he is very close. Mother is presently employed at a Wendy's restaurant and does not work on weekends. 5. Inasmuch as the parties have not reach an agreement, a hearing will be necessary. To facilitate the scheduling of the hearing, the conciliator provides the following dates for which the counsel are not available: A. Counsel for the Plaintiff/Father: July 10, 11, 17, 18, 21, 23, and 29; August 1, 4 through 8, and 25. B. Counsel for the Defendant/Mother: August 1, 6 8, 14, and 15. 61Z, /0 3 Date Melissa Peel Greevy, Es uire Custody Conciliator :214597 ROBERT F. COCHETTO IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTINA M. CIOCHETTO DEFENDANT 00-7079 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 21, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, June 16, 2003 at 12:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P Greevy. Esg L/ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before'the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Or , ?f a?-a? Flo ZZ , 0\ ROBERT F. CIOCHETTO, : IN THE COURT OF COMMON PLEAS Petitioner/Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-7079 KRISTINA M. CIOCHETTO, : CIVIL ACTION - LAW Respondent/Defendant: IN CUSTODY ORDER AND NOW, this _ day of , 2003, in consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel, shall appear before , the Conciliator, on the _ day of , 2003, at in., at for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five and older may also be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT: Date: By: Custody Conciliator 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 Telephone: (717) 249-3166 ROBERT F. CIOCHETTO, IN THE COURT OF COMMON PLEAS Petitioner/Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-7079 KRISTINA M. CIOCHETTO, : CIVIL ACTION - LAW Respondent/Defendant: IN CUSTODY PETITION TO MODIFY CHILD CUSTODY AND NOW, comes the Petitioner, Robert F. Ciochetto, hereinafter referred to as "Father", by and through his attorneys, The Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully petitions this Honorable Court to modify its Custody Orders dated June 20, 2001 and November 1, 2001, based upon the following: The parties hereto are the natural parents of one minor child, namely Dominic Keye Ciochetto, born August 18, 1998. 2. An Order of Court was entered by the Honorable Edgar B. Bayley on June 20, 2001, and November 1, 2001, relative to custody of the subject minor child. Pursuant to the terms of said Order, Mother and Father share legal custody of the subject minor child. Physical custody is exercized wherein Father has custody of the child every Sunday at 5:00 p.m. until Wednesday morning, while Mother has custody,from Wednesday morning until Sunday evening at 5:00 p.m. A copy of the Orders of Court dated June 20, 2001 and November 1, 2001 respectively, marked Exhibits "A" and "B", are attached hereto and incorporated herein. Over the past several months, Father has become concerned with the apparent lack of proper supervision while the subject minor child is in the custody of Mother. 4. The subject minor child will be of age to attend kindergarten in the 2003-2004 academic year. Due to the distance between the parties' homes, Father does not believe it is feasible to maintain the current physical custody schedule once the subject minor child begins kindergarten. 6. It is believed and therefore averred that Father can provide a more stable, structured and nurturing environment for the subject minor child. It is believed and therefore averred that Father can offer better academic opportunities and a home environment more conducive to academic growth if he were granted primary physical custody. 8. It is believed and therefore averred that the best interests of the subject minor child would be served by awarding Father primary physical custody of Dominic Keye Ciochetto. WHEREFORE, Petitioner/Plaintiff requests this Honorable Court award him primary physical custody of the subject minor child. Respectfully submitted, THE LAW OFFICES OF SILLIKER & REIN14OLI il»{I°3 5922 Liriglestown Road Harrisburg, PA 17112 (717) 671-1500 ID No. 57911 Attorney for Petitioner JUN 1 12001 x)1/1 ROBERT F. CIOCHETTO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-7079 KRISTINA M. CIOCHETTO, : CIVIL ACTION - LAW Defendant : CUSTODY ORDER OF COURT AND NOW, this Z- day of dune, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Robert F. Ciochetto, and Kristina M. Ciochetto, shall have shared legal custody of their minor Child, Dominic Keye Ciochetto, born August 18, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, alhdecisions regarding her health, education and religion. Pursuant to the terms of Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Father shall have physical custody from Sundays at 5:00 p.m. until Wednesday morning, when he returns the Child to the daycare provider. Father's periods of custody shall occur on a weekly basis. Mother shall have custody all times when Father does not have custody. 3. Transportation. Transportation incident to custodial exchanges shall be shared by the parties with Mother providing transportation at the beginning of Father's custodial period on Sundays.and Father providing the transportation at the beginning of Mother's custodial period on Wednesday mornings. 4. Vagation. Each party shall be entitled to up to one continuous week of summer vacation with the Child per year. 5. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. No. 00-7079- 6. Holidays. Holidays shall be arranged as follows: A. Mother's Day/Father's Day. Mother shall have custody until 7:00 p.m. each Mother's Day. Father's Day period of custody shall begin at 6:00 p.m. on Father's Day each year. B. Memorial Day/Thanksgivina. Memorial Day each year shall be with Father; Thanksgiving each year shall be with Mother. C. Christmas. The parties shall share time with the Child at Christmas as they shall both agree. In the event that the parties are unable to work out a plan for Christmas that is mutually satisfactory, either party may request an additional Custody Conciliation Conference to resolve this single issue. 7. This Order is temporary in nature and may be modified by mutual agreement of the parties. BY THE COURT, Dist: Kristin R. Reinhold, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112 Jeanne Costopoulos, Esquire, 1400 N. Second Street, Harrisburg, PA 17102 TRUE C- In Testimony and thb seal of so,uf ^^-M RECORD .o set my hand :,t ?x;ale, Pa. ROBERT F. CIOCHETTO, vs. : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA KRISTINA M. CIOCHETTO, Defendant NO. 00-7079 CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dominic Keye Ciochetto August 18, 1998 Mother 2. A Custody Conciliation Conference was held on May 29, 2001, with the following individuals in attendance: the Father, Robert F. Ciochetto, and his counsel, Kristin R. Reinhold, Esquire; the Mother, Kristina M. Ciochetto, and her counsel, Jeanne' Costopoulos, Esquire. 3. The parties were separated on September 23, 2000, and the divorce action was subsequently filed on October 13, 2000. This is the first Custody Conciliation Conference for these parties. The parties reached an agreement in the form of an Order as attached. ? If b Date Melissa Peel Greevy, Esquire Custody Conciliator OCT 3 a 20014,,E ROBERT F. CIOCHETTO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 00-7079 KRISTINA M. CIOCHETTO, : CIVIL ACTION - LAW Defendant : CUSTODY ORDER OF COURT Bayley, J. - AND NOW, this 1A - day of C?ste{?er 2001, upon consideration of the attached Custody Conciliation Summary {f Report, it is hereby ordered and directed as follows: 1. This Court's Order of JuneoL U `; 2001, shall remain in full force and effect with the following additions: A. Christmas Holiday. The Christmas holiday shall be defined as the period from December 24th at 5:00 p.m. until December 27th at 11:00 a.m. Mother shall have the custodial period for the Christmas holiday 2001 and Father shall have custody for the Christmas holiday period in the year 2002 and in 2003. Effective 2003, the parties will then alternate the Christmas holiday beginning with Father. B. New Year's Eve. On those years when Father is required to work on New Year's Eve, Mother shall have custody of the Child. BY THE COURT, ? y, dgar B. ayley?-? Dist: Kristin R. Reinhold, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112 Kristine M. Ciochetto, 19 E. Main Street, Tremont, PA 17981 TRUE- GOP Y ; r:0'P In Testimony'wherew', 1 ha-, -a L'nat3 ?'y7 nd and the seal of said Co,.Mt at 0ar lib e, Pa. This 1 .. day et? ? aoUL Prothonr' tarr? `ICT 3 0 20U6? ROBERT F. CIOCHETTO, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-7079 KRISTINA M. CIOCHETTO, : CIVIL ACTION - LAW Defendant : CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dominic Keye Ciochetto August 18, 1998 Mother 2. The parties were seen for their second Custody Conciliation Conference on October 15, 2001, with the following individuals in attendance: the Father, Robert F. Ciochetto, and his counsel, Kristin Reinhold, Esquire; the Mother, Kristina M. Ciochetto, appeared pro se. 3. The parties Were seen at the request of Mother's previous counsel to establish a schedule for Christmas holiday custody. The parties reached an agreement in the form of an Order as attached, premised in part on Mother having had custody for the period of December 24, 2000, through December 26, 2000, at 2:00 p.m. Date Melissa Peel Greevy, Esquir Custody Conciliator A F F I D A V I T I, P / , hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Dated: ??? I1 d - n ` ON GJ r ??'; A. ROBERT F. CIOCHETTO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTINA M. CIOCHETTO DEFENDANT 00-7079 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 03, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Tuesday, May 29, 2001 at 11:00 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P Greev' y, Esq Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166 rids ? CU?`a?p?NSl1?.?`?ti ???' S???i ? ? ? ? ?? ,S ? ?/ o/ t ?' 3??=eers? - %. V ! ' ROBERT F. CIOCHETTO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-7079 CIVIL TERM KRISTINA M. CIOCHETTO, : CIVIL ACTION -LAW Defendant : IN DIVORCE/CUSTODY ORDER AND NOW, this _ day of 2001, in consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel, shall appear before , the Conciliator, on the _ day of , 2001, at .m., at for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five and older may also be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT: Date: By: Custody Conciliator YOU SHOULD TAKE THISTAPER 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 Telephone: (717) 249-3166 ROBERT F. CIOCHETTO, Plaintiff V. KRISTINA M. CIOCHETTO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7079 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY MOTION TO SCHEDULE CUSTODY HEARING 1. Plaintiff is Robert F. Ciochetto, an adult individual currently residing at 6 Woodmere Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant is Kristina M. Ciochetto, an adult individual currently residing at 19 East Main Street, Apartment, Tremont, PA 17981. 3. Plaintiff filed a Complaint in Divorce on October 13, 2000, which included a count for custody. 4. 1998. 5. natural father. 6. of natural mother. The subject child is Dominic Keye Ciochetto, born August 18, The relationship of the Plaintiff to the subject minor child is that of The relationship of the Defendant to the subject minor child is that The minor child has resided at the following addresses, in the custody of the following individuals: A. From birth, August 18, 1998 to September 23, 2000, the subject minor child resided at 6 Woodmere Drive, Camp Hill, Cumberland County, Pennsylvania, 17011, in the custody of Plaintiff and Defendant. B. From September 23, 2000 to December 1, 2000, the subject minor child resided with the Defendant at 25 Maple Avenue, Pine Grove, Pennsylvania. C. From December 1, 2000 to April 1, 2001, the subject minor child has resided with the Defendant at Apt. 2A, Main Street, Tremont, Pennsylvania. D. From April 1, 2001 to the present, the subject minor child has resided with the Defendant at 19 East Main Street, Apartment, Tremont, Pennsylvania. 8. There have been no prior actions for custody of the subject minor child in this or any other jurisdiction. 9. The Plaintiff is not aware of the existence of any other individuals who have any type of claim whatsoever regarding the custody of the subject minor child. 10. The Plaintiff believes and therefore avers that he is much better able to meet the needs of the subject minor child than the Defendant. 11. The Plaintiff believes and therefore avers that it is in the best interest of the subject minor child that he be placed in his legal and physical custody. WHEREFORE, Plaintiff requests this Honorable Court award him custody of the subject minor child. Respectfully submitted, THE LAW OFFICES OF SILLIKER & RED4HOLI 5922 Liliglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Plaintiff AFFIDAVIT I, SCRIEg/ 1 C' /R//hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unworn falsifications to authorities. Dated: 7 /A v A/ ;0? Pennsylvania schools - elementary, middle and high school info... Page 1 of 2 alsc t THANKS TO ONN NATIONAL SPONSOR 111tIR? Find School Profiles Compare Se ols My School List 13 FREE NEWSLETTER your online guide to K-12 schools Compare Schools: Your results show the public high schools in your school list within the s' of Pennsylvania. Customize your search: >Click on a dark blue tab to see a new category. >Click on a "sort by' button to reorder your list based on the information that column. Showing 1-2 of 2 schools, sorted by school name. Show all Sign up for our free newsletter to help your child succeed school name PSSA din I PSSA Math I students a to in school. Sign Up t on Ed t s b Cedar Cliff High School 63% Pine Grove Area High 54% 16 scrip I u 62% 31% 16 School 0 ARTICLE LIBRARY Com lete List of Articles Artfculos an Espahol Search Articles: p EXH1BF S 1T or Browse Ou onsarv ABOUT US FOR SPONSORS & PARTNERS FOR PRINCIPALS COMMUI OUTREP Overview Overview / Fact Sheet Overview Overview Who We Are Real Estate Professionals Get Started Articulos s Ite a Wonsors an Partners S hi O rt iti F s or ri nci Is lb P i i l t as onsors o un Contact nc s: a e r pa i; eatSchools hat People Are Saying Press /Jobs http://www.greatschools.netlcgi-bin/cs_compare/pa?tab=over&ids... 6/5/2003 Pennsylvania schools - elementary, middle and high school info... 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Sign U EE Ibscription 0 ARTICLE LIBRARY Com fete List of Articles Articulos en Espafiol Search Articles: or Browse Our ossi;i ary - Allen Middle School Pine Grove Area Middle School ABOUT US Overview Who We Are FAQ-s-TSit-eM1111a o Contact rchools Press /Jobs 67% 61% FOR SPONSORS & PARTNERS Overview / Fact Sheet Real Estate Professionals Donors an Partners S onsorshi O ortunifies at People Are baying 63% 16 42% 17 FOR PRINCIPALS COMW OUTREA Overview Overvie% Get Started Articulos s for rind als Principals: Get elp http://www.greatschools.net/cgi-bin/cs_compare/pa?tab=over&ids... 6/5/2003 Find School Profiles om rC`eSc>ools my School List I Ot ROBERT F. CIOCHETTO, IN THE COURT OF COMMON PLEAS 01i PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTINA M. CIOCHETTO, DEFENDANT 00-7079 CIVIL TERM ORDER OF COURT AND NOW, this day of August, 2003, following a hearing on the merits. IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Robert F. Ciohetto and Kristina M. Ciohetto shall have shared legal custody of Dominick Keye Ciohetto, born August 18, 1998. (3) Until the beginning of the 2003-2004 school year, the parents shall continue their current schedule with the mother having Dominick overnight on Wednesday, Thursday, Friday and Saturday, and the father having him overnight on Sunday, Monday and Tuesday, with the father taking him to daycare on Wednesday morning and the mother taking him to the father's residence on Sunday evening. (4) Thereafter, the parents shall share physical custody of Dominick as follows: (A) During the school year: (1) The father shall pick up Dominick on Monday mornings and take him to school in the West Shore School District. (2) Dominick shall remain with his father until his mother picks him up on Friday either after school or after daycare consistence with her work schedule. (3) Dominick shall remain with his mother until the next Monday morning. (B) During each summer school vacation period: (1) Dominick shall be with his mother for eight full weeks and with his father for three full weeks. The father's three weeks shall either be one at a time or in segments of two weeks and one week. His weeks shall be determined by the parents not later than fifteen days before the end of each school year. (C) The father shall have Dominick on each Christmas Eve until he delivers him to the mother's home at 3:00 p.m. on Christmas Day. The mother shall then have him until the father picks him up on the morning of the first day school resumes after the Christmas-New Year break. By the Edgar B. Bayley, ?Kristin R. Reinhold, Esquire For Robert F. Ciochetto i vCharles E. Petrie, Esquire For Kristina M. Ciochetto R'/ ns :sal ?$ -08'6r? i P NA EI vi it?,'vr Jj/t. ROBERT F. CIOCHETTO, Plaintiff V. KRISTINA M. CIOCHETTO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7079 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY ORDER OF COURT AND NOW, this 27 day of a M04: 04, upon consideration of the attached Stipulation for Bifurcation of Divorce Action, IT IS HEREBY ORDERED AND DECREED that the above-captioned action in divorce is hereby bifurcated from the economic claims. This Court retains jurisdiction over all ancillary claims. BY THE The Honorable Edgar B. Bayley Q ~. .e d? ROBERT F. CIOCHETTO, Plaintiff V. KRISTINA M. CIOCHETTO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7079 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY STIPULATION FOR BIFURCATION OF DIVORCE ACTION AND NOW come the parties, Plaintiff, Robert F. Ciochetto, by and through his attorney, Kristin R. Reinhold, Esquire and Defendant, Kristina M. Ciochetto, by and through her attorney, Nora F. Blair, Esquire, and hereby stipulate to the following: 1. The parties hereby agree that each shall execute an Affidavit of Consent agreeing to the entry of a Decree in Divorce pursuant to 23 P.S. Section 3301(c) of the Divorce Code and that Plaintiff shall timely file a Praecipe to Transmit Record directing the Court to enter a Decree in Divorce relative to the above-captioned divorce action. 2. The parties agree that this Honorable Court shall bifurcate the divorce action from the economic claims and retain jurisdiction over all ancillary claims. 3. The parties agree that the current Domestic Relations Order, docket number 00948 S 2000, PACSES number 280102788, awarding Defendant spousal support, shall remain in effect and shall be converted to an award of alimony pendente lite upon entry of a Decree in Divorce. 4. The parties agree that nothing in this Stipulation shall prevent either party from seeking a modification of the spousal support/APL provision of the current Domestic Relations Order pending final disposition of the economic claims relative to the parties' divorce action. 5. The parties hereby agree that the hearing currently scheduled before the Honorable Edgar B. Bayley on August 9, 2004 at 1:30 p.m. be cancelled. The parties hereby place their hands and seals this )H11- day of v a Kristine M. Ciochetto R ert F. Ciochetto `- V , 2004. ..-"µ:x:?@skazsae2t.?xcad^o-ax? rr... ,.. L-= ,.....;..K.snrs.:§tet?TMSaea?t?=.n!as6+i?:faMn&aa?sai=?a ,,,_;??..?-, a u-.?:.-w?K-rwakrt?.=r81r? - ?` 1 C-0 YA-Ibgf? ROBERT F. CIOCHETTO, Plaintiff V. KRISTINA M. CIOCHETTO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7079 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S PRETRIAL STATEMENT LIST OF ASSETS: See document attached hereto as Exhibit "A". 2. EXPERT WITNESSES: None NON-EXPERT WITNESSES: (a) Robert F. Ciochetto, 6 Woodmere Drive, Camp Hill, PA 17011. Plaintiff shall testify on his own behalf regarding all issues relevant to equitable distribution and alimony. (b) Charles Ciochetto, 229 Meadowbrook Road, Hermitage, PA. Mr. Ciochetto, the Plaintiff's father, shall testify to the various loans made to his son to purchase the pre-marital real estate as well as loans following the parties' separation to pay off marital debt. (c) Susan M. Ciochetto, 4600 4151 Street North, Arlington, Virginia. Ms. Ciochetto, Plaintiff s sister, shall testify to loaning the Plaintiff approximately $27,000 in January of 2001 to pay off marital debt. (d) Mr. Ciochetto reserves the right to call additional witnesses for rebuttal if necessary. 4. EXHIBITS: See documents attached hereto as Exhibit "B" 5. PARTIES' GROSS INCOME: 2003 - Husband - $39,161 2004 - Husband (anticipated) - $22,500 2003 - Wife - approximately $16,200 2004 - Wife (anticipated) - $17,000 6. CURRENT INCOME & EXPENSE STATEMENT: See document attached hereto as Exhibit "C". 7. PENSION AND RETIREMENT BENEFITS: Husband has no pension and/or retirement benefits. Wife had two IRAs at the time of the parties' separation with a cumulative value of approximately $2,500. It is believed Wife liquidated her IRAs post-separation. DISPUTED TANGIBLE PERSONAL PROPERTY: None 9. MARITAL DEBTS: See document attached hereto as Exhibit "D". 10. PROPOSED RESOLUTION OF ECONOMIC ISSUES: Each party shall retain possession and ownership of the personal property currently in his or her possession. Wife shall be entitled to her two IRAs with a cumulative value of approximately $2,500. Husband shall retain the real estate located at 6 Woodmere Drive, Camp Hill, which is pre-marital property and shall be fully responsible for the first and second mortgages which include marital debt. Husband shall be responsible for the loan to his parents, Charles and Michelina Ciochetto in the amount of $9,500, the MBNA credit card with a balance of $7,394, the HRS USA loan in the amount of $6,600. The Lowe's credit card in the approximate amount of $1,000, the Sam's Club credit card in the approximate amount of $1,300, the Washington Mutual loan in the amount of $3,600, and the Associates Capitol Bank line of credit in the approximate amount of $1,100. Wife shall be responsible for the balance on the Discover credit card with an approximate balance of $11,000 and the Providian Bank credit card in the approximate amount of $4,200. Date: Attorney for Robert F. Ciochetto Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 1 EXHIBIT "A" LIST OF MARITAL ASSETS Item Asset Value Date of Non-marital Number Valuation Portion 1. IPA (Wife) $ 921 6/30/00 None 1 IRA (Wife) $ 1,581 9/30/00 None 3. 1996 Dodge Grand Caravan SE $11,500 9/00 None 4. 1994 Oldsmobile Bravado $ 8,000 9/00 None Liens & Encumbrances None None $13,808 as of 11/3/00 and $923.97 in costs associated with preparation for sale approximately $9,600 as of 9/00 EXHIBIT "B" LIST OF EXHIBITS TO BE INTRODUCED AT TRIAL 1. Waypoint Bank loan statement dated December 31, 2000 indicating a balance on the mortgage for Plaintiff's real estate in the amount of $78,043.33 as of date of separation. 2. - PNC Bank real estate settlement statement dated July 9, 1999 setting forth payoff of Husband and Wife's pre-marital debts and marital debts. 3. Discover card account summary statement dated June 27, 2000 indicating a balance of $11,427.38. 4. First USA bank statement dated May 20, 1999 indicating a balance of $4,750.68 on Wife's credit card account when it was closed. 5. MBNA credit card account statement dated October 18, 2000 indicating a balance of $7,394.59. 6. Copy of cancelled check dated January 25, 2001 indicating a payoff of $6,220.45 to HRS USA. 7. Copy of cancelled check dated January 25, 2001 indicating a payoff to PNC Bank in the amount of $9,616.34. 8. Copy of cancelled check dated January 25, 2001 indicating a payoff to Associates Capitol Bank in the amount of $1,093.66. 9. Putnam Investments account statement dated June 30, 2000 for Kristina M. Ciochetto indicating a value of $921.24. 10. Putnam Investments account statement dated September 30, 2000 for Kristina M. Ciochetto indicating a value of $1,581.51 11. Real estate settlement statement dated September 2, 1998 relative to purchase of Robert Ciochetto's real estate prior to marriage. 12. Bridge Street Texaco bill dated November 14, 2000, in the amount of $111.45 for repairs to Dodge Grand Caravan in preparation for sale. 13. Leahy's Auto Collision Repair dated October 23, 2000, in the amount of $662.56 for repairs to Dodge Grand Caravan in preparation for sale. 14. Bill for "Last Minute Detailing" dated November 9, 2000 in the amount of $150 for detailing in preparation for sale of Dodge Grand Caravan. 15. Notice of Financial Determination dated May 14, 2004, indicating Robert F. Ciochetto's weekly unemployment rate in the amount of $433 a week. 16. Copy of Robert F. Ciochetto's 2003 Federal Income Tax Return. ^ /'?i? P.D. Scs flu. H2rPistwrg. PEnnsylvania 121OS-1711 BANK Toil Pry. 1"866-idJAYPOINT (I-666-525-764s) - ww .Ifcypointbank.com LOAN S TAT E M TNT PAGE 2 WAYP.OINT BAN K LOAN N131BER INTEREST PATE ORI=xA1 AmCu= STATEbMNT DA'Z'E 0050090974 5.625 80,700.00 12,131/00 ROBERT F CIOCHE"IYO SSW 186-46-3664 6 WOODKERE DR PROPERTY ADDRESS- CAMP HILL, PA 17011.7941 6 NOCEDGM RD CAMP HILL, PA 1701 0 - -----L OAN ACTI42TY----- ^'Og Y TRAAL... LATE -PRINCIPAL... TYPE DATE ANOU19T PRINCIPAL INTEREST ESCROW CHARGE BALANCE PRIN. PKT 9/14/00 : 1546 25,46- Oc, CJU .00 78141.47 09/01/00PW 9/14/0''0: 160.54 98,14• 3.66.41 184..3'3 .00 78043.33 3:99.PW 9/22/00, 52 it. . .00 .00 52::44 .00 78043.33 PRIN. FmT 1005/OQ 25.46 25.46- 49 .00 .00 7803,7.87 10/01100mx 10/05/OD:'.. : 643. 54 98.72- 3'65.83.., 1841.99: .00 77919.15 IMS,P?° .10/11/00 . 52.46 .00 .00 52.46, .00 77919.15 P,K.i, - KO?P1'l9I,3f IYS.P?A' 11/07/0.0: 52-46 .00 100 52.46 .00 77919.15 p.m 1. - molnv x.: mm. Fm 11/15/90' 3.92 3.92- ;:00 .bq .00 77915.23 11/01/00PMT 11/15/04,,. 651.08 99.30- 365.25 196::13 100 77815.93 INS.Fffi'P 1210610.p ;: .. 52.46 .00 .00 52:46 .00 77815.93 P.M.Z., KODITJm1r PRIX.. PMT 3,1114/00: 23.92 23.92- .00 00. .00 77792.01 12/01/00P13T 12/14/Obf::;:', "651.08 99.79- 364.76 196253 .00 77692.22 ENDmm PRINCIPA3'. BuAMCE 77,692.22 ngrzmsT P AM YEAR TO DATE 41414.05 PRIM AM INT PKIMOM BIGINUM.ESQ BALANCE 902.81 ESCROW PAYMENT 16fi, 53 - - - mrs DBPOL4IT.S .' _ 2,222.96 TOTAL PAYMFfl1R' - TOTAL --------- --- - TARES DISBURSED 1,398.40 INSURANCE DISBURSED 875.52 MISCELLANEOUS DISBURSED --- .00 - ---------- MMnM ESCROW BALANCE - 851.85 i Real Estate Settlemen, U.S. Uapmgnent nI llnnsing and U,b.n U...I.I mm"l statement HUD - 1A Settlemen06Stetement PNCBA.NK Nome end Addra..1 Borrower L ROBERT P CIOCHETTO oon Number 6 WOODMERE DR s CAMP HILL, PA 17011 ent ... rat bar. July 9, 1999 Property Lecelian lit dillerent Irom.bevel 6 WOODMERE DR CAMP HILL, PA 17011 Name a Address of Lender PNC Bank, National Association 331 BRIDGE STREET NEW CUMBERLAND PA 17070 _ L. SETTLEMENT CHARGES M. DISBURSEMENT TO OTHERS BOa. lbm• Pesebb In Conn•ctlon whh Lean 1 591. 1ST CARD 3 5 / - $200 00 eOLl.anonq,nenen lea x [ i lpj . saz. CHASE oft's C EPA n $150.00 1 5?' fuan7rrURE 603. Appreleellee , , AMERICAN GEN 1 P1,UL1 $14004.00 1 604, I :?s? Von PNC BANK W A S $2400 00 eo4.cndR repon m &9 (M- NO . 1 505. MONEY BY MAIL 1 U f,AjrS $1000.00 B09. App melion Fae 1 d 5?' y 5tty''y- rp0/F1 CL( SAME CLUB eih wscm T'71-IT _ S $1450.00 610. sod sport to 1507. PRUDENTIAL S [O .T $3400.00 1506. 900. Nam, seedbed By Londe to be Paid In A"sees 1698. 903. ales Im r enc. pnmmm ., yeen M 1510. 904. FlOO name... Premium for yeen to 1511 1512. 905. 1000. N ... rest DsPetldd s.lth Lose", 1513. 1006. month Qa per month 1 1614. . 11013- MI. chat". _ ISIS. 1102. Aborts, or Oil. eeerp-ht. GAC $75 00 Vista. TOTAL DIBBURSE ieme r me If. 140111 $10000.00 . seal. nne memmm on to - 1106. Immanuel reearsher to PNC SANK $75;00 ' 111". NotOry em to 7106. This inenun. d Unelades ebave Ram numbers I - '11100. Gevemment N•.e.mnO.nd Transfer Charges 1201. Re,ording lees: dead t read". $ _ :,.I..... S 1201. City/peenty mx/sl8mps: deed S mortgage s N. NET SETTLEMENT 1203. Slate teWstempa:dwd - - laa0. Net. ArdU"t - - - - S modgege II ' 1300. Addllie nd S•edm•nl Urmypa r 1601. PLUS Celh/Cha.k time Bandeve, 6 1303. er F;Iin, Faea 1602. MINUS Total Statement Cherq.a (line 11001 S 1304. 1603. MINUS Total Dl.bdrsemenla To Others $ 1305. (fine 1520) 00 '00' olsl Sevbrmn[ Chereu 1400• lend, en rime nt Ch 1 W21 1601. EQUALS Disbursement I. 4.rmwer taller explntion of any eppitaeble racNslon period r...IreJ by lent. : 6 FORM107QM While Copy EXHIBIT Pink COp VBOPROY ER n ? II Closing Date: June 27, 2000 page 1 of 2 ' Cashback Bonus(E)Award this period to dare Caghbark qualifiedpurchases $63.53 $238.25 BQh S® Cashback Bonus award earned C h k B i d $0.16 $0.60 A 27 M M / as bac onus ann versary ate: ugust y Only two months before your anniversary -- use your Discover Platinum to earn a higher Cashback Bonus(R) award. Discover Platinum Card Account Summary accountnumber 6011 0026 7063 5598 previous balance $11,471.17 payment due date July 24, 2000 payments and credits - 250.00 minimum payment due $196.00 purchases + 63.53 credit limit $12,000 cash advances + 0.00 credit available $572. balance transfers + 0.00 cash credit limit $6,000.00 cash credit available $572.00 FINANCECHARGES + 142.68 new balance = $11,427.38 You may be able to avoid Periodic Finance Charges, see the reverse side for details. - Transactions ;Payments and Credits Jun 22. PAYMENT- THANK YOU $ -250.00 MerchandineiRetail Jun lT KOHLS 337 MECHANIOSSURGPA 49.48 ?Suoermarksts Jun 20 WEIS MARKET #58 SHD MECHANICSSURGPA 14.05 Transaction Average Daily ANNUAL Periodic - Fee Daily Periodic PERCENTAGE FINANCE FINANCE Rate Balances Rates RATES CHARGES CHARGES - Plan current billing petlod.31 days purchases $11099.03 0.04107% 14.99% $141.32 none variable Cash Advances $0- 0.05477% 19.9901. - $0 $0 fixed Balance Transfers $413,80 - 0:01068% 3.90'/0 $1.36 none fixed Questions? Call 1.800-DISCOVER (1-800-347.2683). For TOO (Telecommunication Oevicefor the Deal) assistance. see reverse side. Send billing error notice lo: Discover Platinum; P.0. Box 15192; Wilmington, DE 19686.1020. _ 7 Access your statement online at You f(61) FIRST USA BANK. N. A. 'P.O. BOY 8650 WILMINGTON. DE 19899-8650 (800) 9551-9900 VISIT CS ONLINE AT WWW.FIRSTUSA.COM KRISTINA M CIOCHETTO 6 WOODMERE CAMP HILL PA 17011-7941 RE. Account No: 4417 1286 5150 0488 May 20, 1999 As you requested, we have closed your credit card account noted above. The account has a balance of $4,750.68. You may continue to make your normal monthly payments, or pay the full balance at this time. If you have not already done so, please destroy all the cards And convenience checks for this account. Also, please be sure to contact any merchants that you have authorized to make automatic charges - such as for insurance, memberships, or ongoing services. You will need to cancel those charges or make other payment arrangements. We have appreciated serving your credit card needs, and sincerely regret your decision to close your account. If you would like to have your account opened again, please call us. After three months, it will be necessary to complete a new application. Sincerely, Harmony 1Lomo Financial Service Advisor n +, .? y -- First USA Bank N.A. Member FDIC - i ' K rv cc anon ?e?? n..?+? .•• ? -' PLATINUM PLUS' gyn. ...W :eeeae Metrechecx payable b: MBNA AMERICA P.O. BOX 15137 WILMINGTON, DE 19886-5137 For account information call 1-800.789.6685 Prim change of address or new telephone number below City State ?p c ) t ) Home phone Work phone www.mbnanetaccess.com CARDHOLDER SINCE 2000 ACCOUNTNUMBER 5490 9943 9635 3138 PAYMENT DUE DATE NEW BALANCE TOTAL 10/18/00 $7,394.59 TOTAL MINIMUM PAYMENT DUE AMOUNT ENCLOSED $137.00 DETACH TOP PORTION AND RETURN WITH PAYMENT ROBERT F CIOCHETTO 305 BRIDGE ST NEW CUMBERLND PA 17070-215599 16 00739459000137000005490994396353138 5490 9943 9635 3138 $7,500.00 $105.41 32 09/19/00 $137 .00 10/18/00 Posting I Traneacticn. Rat.... Cartl. Category Transaction.. SEPTEMBER 2000 STATEMENT Charges Credits (CRI oats Data Number Type PURCHASES" AND_ ADJUSTMENTS 09/19 09ft7 -5421 MC C HESS .#' 38419 LEMOYNE PA 27. 00 09/ill 09/19-" 0000 MC C. LATE CHARGE FOR PMT DUE 09/18'. 29. 00 TOTAL FOR BILLING CYCLE FROM 08/1.9/2000 THROUGH 09/19/2000 $1,552. .80 $0.00 "*- - A REMINDER: IF YOU MISS THE PAYMENT DUE DANE,. YOU.. WILL LOSE THE PROMOTIONAL RATE ON. CATEGORY A- AS A COURTESY - - WE DID NOT CHANGE IT THIS TIME.. OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE SUMMARY OFTRANSACTIONS' TOTAL MINIMUM PAYMENT DUE Previous Balance (-j Payments (+) Cash (+) Purchases and (+) Periodic Rata (+)?nrnsacfian Fas (_) Now Balance $45 00 and Ciatlks Advances Adjustments FINANCE CHARGES FINANCE CNARGES Total . Past Oua Amcum ................. - . --' _ - - Curent Payment .................. $92_00 $5,811_09', .. $0.00 $600_00 $934..80 $30_70 . $18_00 $7,394.59 Total Minimum payment Due........... _........................ $137.00 FINANCE CHARGESCHEDULE - Category - - Periodic Rate Cash Advances A. BALANCE TRANSFERS, CHECKS .0,007945-1 DLY 8. ATM, BANK .................0.035589% IDLY C. PURCHASES--..---- ....... ...-..0.035589% DLY Corresponding Baianca Annual Subjectto Percentage Rate Finance Charge 2.90% $5,367-39 12.99% $582-37 12.99% $915_68 FOR THIS BILLING PERIOD: t2. 99% ANNUAL PERCENTAGE RATE .................. . flncxrdes PanodimRatcand Tiemaacnbn Poe Rnenca Charges.) PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION 1(611 FOR YOUR SATISFACTION, EVERY HOUR, EVERYDAY For Customer Satisfaction and up to the minute automated information indudng, balance, available credit. payments received, payments due, due data. Payment address information, or to request duplicate statements, call 1-800-799-fifi85 - -- - For TDD (Telecommunication Device for the Deal) assistance, call 1-800-346-3178. - Mal payments to: MBNA AMERICA, P.O. BOX 15137, WILMINGTON. DE _ 198865137. • Biting rights are preserved only by written inquiry. Mal billing inquiries, using back and other inquiries !o:' ' Spend . AMFI?ICA P 0 BOX 15_026 WI MIWI MIINCTON t)F - -5026 3079 522 3DM 0611 1303 00 , 3 9635 3138 PAGE 2 OF 2 -t `'4 ?I .?. :?. ?•?b'?.?•;71 ROBERT CZOCtiETTO '.. 6 WOODMERE all. CAMP HILL, PA 17031 /?? Q f 6 73x8 n DATE- , oAa xf ,E ?< S c/ S/7/ I ?Gf o2?G ic:a S'??e? - fJ11? T sS 7 .wog n_ tt?m?yartttmrr[+mw 4<2 mR(9717-L,-VZ-M20 t:2.3L38a55_51: 0000?647LLu• 034 J rMer i2TY R' QWfJ-, w 11'acco 6 2 So 4 511, Index:OCa VolIM349976402 . VOID a[e:369243746759Z5a UDI:0x010000002Udb7a3a5660000023380000 'ReName:000000aT 11F 'Faffset588ti4160 ?' 19 1_ r: 4' L Y t 1 u u, 1 LL ?? c w.a -Z. Ps AGEINT FOP, IiITHIK F F3 bi of sn7R a . VOIID:34997840Z V0103M:36924.3746759Z59 `UDI:Ox01000000Z0db7a3a566000002a380000 I 'SioName:00000001.TIF II?'FOBsec588114160 -..:OTOi800 f?j ¢p CPR' r71 W: OC-On nnc ,?+.n? ??f? ?? 01=1=? 10.27 ROBERT CI0CHM0 5 CAMP HELL. P MP H;LL, PA 1 '17Di'I /cam +>O?i2sis G _I s Ags MIOS i36 7010005 tles'cmA?aunwu?:avx1'rtn? - re.a..e...d,rl?zuxl ,? X10 ?1- ?d/3 yas7lyG `_` 1,23k 38 55 5l. (30(211 ?&q7 Nd 10 liaaaoqr. ; 34„I1 V"'o n v.u D:a4972azra VOIDaL-:369ZT,5Z483795a UD1:Oxa10000C03bee763a824b0000d02a000a 'ReName:000000aY_TIF - •Faffaet=5T323Z- .. IS a n: S n Q?? r e-tee !.-t Y ? R n ? 3 v r ?. I. i.- ?z :(?rW rr % u ¢ n n ?' ?. `'9 1 'a a. a T't < e e -a ttr ef WD 7 a. `G:r :FR' r3 1- CT i aau a°ca ?. ¢ry. ?-T 1 =Sfaydrr l 1..01r ?Z a ? r ?x.1 s°aJ. ° ae Z V nn. t a a. n+_', a Li.. .T, a . I6 ° it _o° n. nir e _ Q ` r.' n 1. Li : y ?/ (?? i.,?' ?i ei t j [C? `.4 ?:5.'L 'T • ,a• /h r' O / { } 1 y i? Index;IXC Vc11Dt.349724213 VOIDa[e:36921.524837963 UDI.Ox010000003bee76:a824b0000d02a0000 "FleName:0000000T.TIF -RaBse[532828002 " - OTO/m In 15 t1 OC6C 996 LTG TVs LC=9n ZnnZiZT,Rn 4 k HOSEAT CIOCHETTC e WOODMERE DR CAMP HILL, PA 17041 1033 / rl Dw2g / - .? ? ._Q ? nuat? rr13 p e.uw,. nru.. D.,.??n Lu 400 26 4L63 4i23 1IDHN:O}DfT17NICN 1+?O+.De?.cM.IAio nix S`71 `f9S -((ff7•?3 'Cud'z `j J:a313825554 af7D0?69'? ?>s' 1€333 ?'OD00.10?33?,&?' - , Indez:IXO - V01IM350 58 3 94 3 V010201:36931'.5286509259 . U01:0xQ1000000e032WO72150000eC760000. TleName:00000aQ1:TIF 'F0lfset463962260 - - - 2r m ;z e F E I ' FT++1.hjhL1..i"B.: J.?t^b,0.\? , q ,/6 ,XYo Ri1 LLU LLY.t >,i ? N ' ? i .. ?a ? ?t.Lr ?'i1 UGJJ J J??ifi????+ i? ? . , , : I 1 f yal„O V z• Q C 1 •? ? • i2l1J a ?, •?=-; 4T'?l 213 f?yf.xzil f' s ? _ JJ. 7 i >Y ° ? ?( . ns? n LiDQ?o o' _ r- uss , szessaezse 'FleName:00000001 MF ?'FcfFset46 -D TQl86QC?j EXHIBIT tr ?„ OM M LTL YV3 8C:80 ZOOZ/ZT/90 Year-to-Date Statement E T ?? r ?.! January I, 2000 -June 30, 2000 i KRISTINA M CIOCHETTO Client number 0446682/68 6 WOODMERE DR Investment firm: Total value of CAMP HILL PA i 7011-7941 ESSEX NATIONAL SECURITIES INC your portfolio Representative: as'of' 61301.2000 HOUSE ACCOUNT _... ................ Representative phone number. I $921:24 For Putnam assistance: 1-800-225-1581 www.pur.naminv.com . If tatting a distribution from your retirement plan, be sure to include federal tax withholding instructions or 10% will be withheld. If you elect not to withhold, you maybe liable forestimated tax payments. You may revoke your election not to withhold at anytime. Traditional.IRA. Beginninghalance ,: =Additions 1N•itfidrawaCs.: %Clfge m xalu? 1:. Total=value ' -- Fund name -,. - _ ? (as of Ir 172000) _ -,Year-to-data Year-to-date: Tear-todate • k(as ou613012000) ,. Pntrcam C, ea Y&income CI-A -.; - I •.$93096 - "'$0.0©' -' $0.00 - .. .':.: _$2932,.` i , °:..-$921:24: Total year to- date $950.96 I $0.00 $0.00 - S29.72 - $921.24 Total forthequarter $934.19 $0.00 $0.00 -$1395 - $921.24 (April ( -June 30) I IRA contributions for tax year 1999 $0.00 IRA contributions for taxyear 2000 $0.00 Allocation by Putnafn fund AOL El 00°S Growth & Income Allocation by investment category ® 100% Growth and income - 0% Growth 0% Income I] 0% Tax Advantaged 0% International and Glcbai 0% Asset Allocation PAGE IOF' C+ 6626- -.".' Year-to-Date Statement ? I N V E T MEN 1 I January 1, 2000 -September 30, 2000 Putnam Voyager Fund C1 -A Acc6unenuinber.A07-3-54I=C9-5326=BB,CL Account open date: 01 / 17/ 1999 KRISTINA M CIOCHET70 IRA PLAN 0 1 /0 1 2000 Beginning Balance History of your investment in this fund Initial amount + Additional - Withdrawals invested on 0l/19/1999 investments $1,065.42 $0.00 $0.00 Capital gains and dividends distributed in cash since fnidal investment Yearto date distributions Dividends (reinvest) S 0.00 Capital gains (reinvest) $ 0.00 30.96 Netamount + invested $1,065.42 $0.00 Change = Total value of your in value. account on 9/30/2000 -$516.09 $1,58 L51 rte...`/.. i Q I IIII III II II III I II ? II I III I III PAGE 2OF2 ('A! N I1'1 roll) •- A OC. UEPMIFMENT OF HOUSING AND UnSAN DEVELOPMENT' •.•.•. ..m^--.a ..nrn nn. rive irmr B. '1'YPR 01: EVAN ' 1._1:11A E _FMIIA UNIMS. M1. VA 5.X CONV INS. - Robert E. Myers, Esquire ,. Poe Nnrlnm 27768 ,. Luau N,Illibar SETTLEMENT STATEMENT fl. xtorl,A, Inr, vr,v Nn. I C. NOTE: ]his Inns isffirpured m Rfve,u o 'All lrrua n(er-l I"0lermmr mars. Nrannr1, paid rn nnrI ln' rhr.,,uIA.... I ngenrarr.,hru'sr bears rrmokof '(P.O. C)'trere Pnid unroll, the AnslaR: rhp• nrr abnu'n Irene frrr lrrfrnnrndnnnl pmpa,<, nod ur. gar furlurlyd in M, muds. D. NAME AND ADDRESS OF BORROWER: Robert F. Ciochetto 5016 Wynnewood Rd., Harrisburg PA 17109 E. NAME. ADDRESS AND TIN OF SELLER: Howard J. Lindsay 247 Mango St., Brandenton Florida 34207 F. NAME AND ADDRESS OF LENDER: HARRIS SAVINGS BANK _ Second and Pine Streets Harrisburg, PA 17101 0. PROPERTY LOCATION: 6 Woodinere Drive Camp Hill PA 17011 ? Property or SoMers, Received H. SETTLEMENT AGENT: Robert E. Myers, Esquire PLACE OF SETTLEMENT: 180 Old York Road New Cumberland, PA 17070 1. SETTLEMENT DATE: 09-02-98 1. _SOMMARYi,OF, BORROWER'S TRANSACTION X. SUMMARY OF SELLER'S TRANSACI'[ON 100. GROSS AMOUNT DUP FROM BORROWER: 400. GR05S AMOUNT DUE 70 SF.fLrR: 101. Ccirracl sales price 85,000.00 4111. Coul...I sales I'd. 85, 000. 00 102. Personal Preperty 402. Personal property 103. Settlement charge to Imr....,j1ne /4m) 5. 9 407. IN. 404. 105. 405. Adjrum¢nrs JbI aons void by sellerul advnnre AdjmI a for irons pnfd by.,d1rfn adman, 106. Cily/man luxes 09-02-98tg07-01-99 ----8H.95 4(16. City/lewn luxes 09-OZ-981.07-01-99 107. eennly taxes 09-02-.98-1. 0 -01-99 29.87 407. Cnunly loxes 09-02-981,,01-01-99 129.87 109. Assessments to 409. Assessu e m In 109. Sewer/ to 9/30 7.38 409. Sewer/ 2 to . 8 Ito. Trash, 9 to 9/30 2. 2 4RL Tras to 9/30 2. 111. 411. 1 112. 412. ILL 413. 114. 414. 115. 415. 116. Ale. 12U. GROSS AMOUNT DUE FROM BORROWER 89,095401 420. GROSS AMOIJW DUE TO SELLER 85, 979: 200 AAIOUMS PAID„BY/GRIN BEHALF OF BORROWER, 500. RWUC77ONS /NAMOUM DUE ZV SELLER, 21JR. Deposit or e.nest tummy ,0 .00 Sol.. rs.,,s JePOSiI(ree inarertyr.) 202. Principal amount of new laan(s) ] 502. Se01emv9 charges to ,sIt-Olise 1400) 2,530.88 203. Existing loan(s) Iaken subject to 503. Existing Mml(s) taken subject to 204. 511. Payoff or first ne"Buge lose 205. - 515. PxynR of second mint"' a loan 206. 506. - 507. 208. 509. 209. 509. Adj. reyo. for irons ...pnfd by seder Adj of i,l rs Jr Irons unpaid by seller, 210. City/town taxes to 510. City/town tax. I. 211. County lases to 511. cruelly lax. Jo 212. Assessments to 512. Assessments to 213. 513, 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. TOTAL PAID OIYTOR 220. BORROWER 81,700.00 TOTAL REDUCTION AMOUA'T szo. DUESELLER 3,530.88 300. GASH. AT SrT1LEMeArT FROMf O BORROWER 600. CASH AT SETTLEMENT TO/FROM SELLER 701. Gross amaam due from Iwrrower(lirre 1101 , O 5. Aln. Gross ammum due to sdicr(line 420) - 85,979.12 302. Less amount paid by/for bomewef(Rne 220) ,] 602. Less redllclions im m,oula due seller(llne 520) 1 3,530.88 303. G511 ( X FROm) r TO) BORROWER 7,395.01 603. GiSU ( X TO) ( FROM) SELLER 82,998.24 rw ne F,N411?erv'IA 1.11hamen[. wn?rrtmrirtvuerrvr[mmImM1`n, +lninr nm, m?mlt.. linen •Nmn In itlevlfiulMn mmnLer, yw mole rMIml lnelNlm vlmlml leminn imliallry Mm. 41M) nmenl. mNr,,,,n1 n., ikm ViMerpeankrnlpnpry.ImrlryrM rAewmb,IwnmrFi„r,lemem b mrm,ea rupp IhmirenM ninM. „, mm.mr.l , ( 6 11 11 . L. SETTLEMENT CHARGES 700. TOTAL SALES/BROKER'S COMMISSION: BASED ON PRICE $ 6. % PAID FROM ' PAID FROM Division of Convnisdnn (line 71m) tt Innnws, 701. S a m 702 >@. $ in BORROWER S 1'UNDS AT SEI-1'LEMIiN"f SELLER'S FUNDS AT 813'ITLEhfENT 7n3. Commiaian paid at Sel lemenr 704. 800. HEMS PA FABLE IN CONNECTION WH'If LOAN P.O.C. 801. Loan Original.. Pee 802. Loan Diseamn % 803. Appraisal Fee to 804. Credit Report to 805. Lender's Inspection Fee he 8W. Mongage Insurance Applitmiun Pee m 807. Assumption Fee in 808. A lication Fee to HARRIS SAVINGS DANK If no PIT" ea9. Underwritin fee to HARRIS AVINGS BANK 125.00 Sm. Food certification to HARRIS SAVINGS BANK 26.00 an. Document preparation to HARRIS SAVINGS BANK 125.00 912. 813. 814. 900. HEMS. REQUIRED Oy LENDER TO DE PAID IN ADVANCE 907bne (,.from 09-02-98m 10-01-980 $12.61 May 129 -daya) 365.69 902. Mortgage Insurance Premium for manlbe In 903. IIamN fear... Premium for I year to 1ST YEFlR 904. 9os. 1000. RESERVES , DEPOSITED . Nn1/ LENDER [MI. H.ud bmunnert 3 - months ® $ 20:25 per month 60.75 1002. Morgage Insurance months ® $ per manlh RXD. City P.Peny taxes mina h, ® S " hurrah 1004. County pmpeny mats 7 moonm ® $ 32.65 rer month 228.55 1005. Annual assessments monthe @ $ per momh 1006. months ® S per month IW7. SCHOOL TAX 3 n retie a s 83.49 rer morale 250.47 1008. Aggregate Account Ad ustment - 110.68 n?iloti: IHtE. CNARGFS 1101. Settlement or closing fee to 1102. Abstract or title search to 1103. Title examimiu, to 1104. Titk Insurance binder to 1105. Document preparation to 1106. Notary (ee in CASH 8.00 4.00 1107. Anomey'a fee m (Inchrder abare hems numberr, ) 1108. Title insorante b ROBERT E. MYERS U >Q. 738.75 fineluEer above iremr nnrnl erx; 1 1109. Lender's coverage $ 80 700.00 1110. Owners coverage 738.75 $ 85.000:00 [111. 012. TITLE INSURANCE ENDORSEMENTS to ROBERT E. MYERS ES Q. 150.00 1113. ....."1200. ;QVERNFIE ,AE h?F AND TRANS= CIIARGra 1201. Recording feet: Deed $ 25.50 : Mongage $ 31.50 :Release $ 57.00 1202. City/taunt lax/stamps: Deed $ 650.00 : Mortgage, $ 650:00. 1203. State Ier/smmps Deed $ 850:00 : Modli $ - 850.00 1204. 1205. .':130dr,4DbHrDNAG'aEi2tfiafENr. CHARGES 1301. 1998 Schoo tax to Mar Ann Prior, ax collector 001.88 13o2. Recording service tee to Robert E. Myers, Esquire 20.00 1303. Lea Fees to Ro ert E. M ers Esquire 1304. 1305. 1306. 1307. 1308. loan. rornL SET7T,EMENr CHARGES (earn eu lind 103. Serrinn J and 502, Sterne, K) 3 .115.89 21530.88 wl.n. r,'1. . r an". "on, 4 a rMe aN wil.rxe rewnM I.I. finial whkh - n"I'la nM bre hrn w wart ail.". Le, fin a.J+uV a n Pn M it Via, Aun M rhk n my M19 final, ane. time[. , n... an iu. a nM . ImMuen-. BRIDGE STREET TEXACO ;I® Bridge and Carol Streets • New Cumberland, Pa. 17070 TEXACO Phone 717-774-6551 DATE _ 9 •..??e},!-C_ . r', it, C=+l. P1,..re f.•.a. ?. .. ^-.r >' -?s /c a ;1 ?tp L y 1 r. cis ?r f / YT lac"..? 1_? -' 3 _ 1n ,1 I nt 11'f? t_? t j a EXHIBIT Date: 10123100 02:01 Phi Estimate ID: 2674 Estimate Version: Q Preliminary Profile ID: Mitchell LEAKY'S AUTO COLLISION REPAIR, INC 1051 Columbus Avenue Lemoyne, PA 17043 (717) 730-%" Fax: (717) 9759048 Damage Assessed By: 142547 FRANK SCHAFFER Deductible: UNKNOWN Owner ROBERT CIOCHETTO Address: 6 WOODMERE DRIVE CAMP HILL, PA 17011 Mitchell Service: 913528 Description: 1996 Dodge GrdndCaravan SE Body Style: Van 11V WB VIN: 1B4GP44R5TB472986 Drive Train: 3.3L Inj 6 Cyi 2WD Line Entry Labor Line Item Part Type? Dollar Labor Item Number Type Operation Description- Part Number Amount Units i 301604 BOY REPAIR LIFTGATE SHELL Existing 8.0' 2 AUTO REF REFINISH _ LIFTGATE C 22 3 320026 BDY REMOVEIINSTALL LIFTGATE HANDLE Existing 0.7•# 4 30,1824 BDY REMOVEIREPLACE R LIFTGATE ADHESIVE NAMEPLATE HS32SA1 15.25 0.2 5 301835 BDY RIEMOVEIREPLACE L LIFTGATE ADHESIVE NAMEPLATE HB30SA1 15.00 0.2 6 900500 BOY' REMOVEIREPLACE COVER CAR FOR OVERSPRAY Sublet 3.00' 0.3' 7 900500 REF • REFINISWREPAIR CLEAN FOR DELIVERY Exerting 1.06 0 AUTO REF. ADD'LOPR - CLEARCOAT 0.9 9 AUTO AL'L COST PAINT MATERIALS 73.80- '10 AUTO ADO•LCOST SHOP MATERIALS 3200 -Judge mat Item # - Labor Note Applies C -Included in Clear Coat Calc Add'1 Labor Sublet 1. Labor Subtotals. Units Rate Amount Amount - Totals ll. Part Replacement Summary Amount Body 9.4 36.00 0.00 0.00 33800 T Taxable Parts 3325 Refinish 4.1 36.00 0.00 0.00 147.60 T Sales Tax @ 6000% 2.00 Taxable Labor 486.00 Total Replacement Parts Amount 35.25 Labor Tax @ 6.000% 29.16 Labor Summary _ 13.5 515.16 Ill. Additional Costs Amount IV. Adjustments Amount Taxable Casts 105.80 Customer Responsibility - 0.00 Sales Tax @ 6.000% 6.35 Total Additional Costs 112.15 ESTIMATE RECALL NUMBER: 1012310014:01:03 2674 UltraMate is a Trademark of Mitchell International Mitchell Data Version: OCT 00A Copyright (C) 1994 -2000 MiteheO International Page i of 2 UltraMate Versionr 4.6.004 All Rights Reserved Date: 10123/00 02:01 PM Estimate ID: 2674 Estimate Version: 0 Preiiminary Profile ID: Mitchell i. Total Labor. 51SAS Ii. Totat Replacement Parts: 35.ZS M. Total Additional Costs: 112.15 Gross Total: 662.56 N. Total Adjustments: Net Total: This is a preliminary estimate. Additional changes to the estimate may be required for the actual repair. ***** special Note: We do not warrant any rust repairs ***** ************* Parts Price are Subject to Invoice *********'?'*** AUTHORIZED AND ACCEPTED: You are hereby authorized to make the above specified repairs- I understand that payment in full will be due upon release of vehicle, including any additional supplement damage charges, and hereby grant you and/or your employees, permission to operate the vehicle herein described on streets, highways, or elsewhere for the purpose of testing and/or inspection. An express mechanic's lean is hereby acknowledged on the above vehicle to secure the amount of repairs thereto- You will not be held responsible for loss or damage to the vehicle or articles left in the vehile in case of fire, theft, accident or any other cause beyond your control. OLD PARTS REMOVED FROM VEHICLE WI7,2, BE DISCARDED UNLESS OTHERWISE INSTRUCATED_ Authorized by: ESTIMATE RECALL NUMBER: 10123M 14:02:03 2674 Ultraillate is a Trademark of Mitchell International Mitchell Data Version; OCT 00 A Copyright (C) 1994-2000 Mitchell Intemational U1traR/ate Version: 4,6.004 All RW is Reserved Date: 0AO-? bas J Page 2 of 2 LAST! MINUTE DE T.4 LT.-z'7VG Bob Cioehetto : Received in paymenit.......... $150.00 For services qj a f ull detailing of a Plymouth voyager vart 111910 Fair in full .................. CASH DEER & FLEET SERVICE PICK-UP & DELIVERY AFFORDABLE PRICES SERVING EAST WEST SHORE` CALL 1-888-774-7330 O (717) 7 74-32 70 BR,4NDONPANKAKE: OWNER EXHIBIT ?L LANCASTER UC SERVICE CENTER 60 W. WALNUT STREET LANCASTER PA 17603-3015 PHONE NO.: 717299-7711 FAX NO.: 717-299-7557 DATE MAILED COMMONWEALTH OF PENNSYLVANIA MAY 14, 2004 DEPARTMENT OF LABOR AND INDUSTRY BUREAU OF UC BENEFITS AND ALLOWANCES NOTICE OF FINANCIAL DETERMINATION THIS FINANCIAL DETERMINATION ALONE DOES NOT ENTITLE YOU TO BENEFITS. A REVIEW OF YOUR EMPLOYMENT HISTORY AND PRESENT STATUS MUST ALSO BE MADE TO DETERMINE WHETHER YOU MEET ALL OF THE ELIGIBILITY REQUIREMENTS SPECIFIED IN THE LAW. SOC. SEC. A C C T. N 0. 186-46-3664 I OFFICE USE ONLY I ROBERT F. CIOCHETTO 6 WOODMERE DRIVE CAMP HILL PA 17011 Dear MR. CIOCHETTO: AB 05/09/04 UC CODE 1 MAX.WKS.26 PEI 174 WBR 433A MBA11258 NO.OEP. 2-NS WDA 8 MDA 208 SX-1 OFFICE NO. 0996 You recently filed an application for unemployment compensation benefits with the Bureau of UC Benefits and Allowances. This financial determination notifies you that you are financi21uri eligible for benefits.-Your financial eligibility is based on the wages you were paid and the credit weeks you earned dng your base year (the first four of the last five completed calendar quarters prior to filing your claim) which is from JAN 01, 2003 to DEC 31, 2003. Our records show that during your base year, wages were reported by the following employer(s): l Emplayer(s) Acct Plant Breakdown of Base-Year Wages by Quarter Total Wages Credit oyer(s) Emp Number No. 1-03 2-03 3-03 4-03 Paid Weeks COAKLEY'S UNITED RES 2.1-13560 22-21503 9,230 O 10,769 0 9,230 0 8,615 1,314 37,846 1,314 Totals 9,230 10,769 9,230 9,930 39,160 51 Your weekly benefit rate (WBR) is determined- to be x$433 based on a comparison of your highest quarter wages and your total base-year wages to the table for "Rate an Amount of Benefits". Your highest quarter (rounded to the nearest dollar) was the 2ND quarter of 2003 when you were paid wages of $10,769. Your total base-year wages were $39,160. Your benefit year provides you with a 52-week period beginning with the date of your application for unem- ployment compensation benefits. During this period, you may be entitled to benefits for those weeks when you are unemployed and meet the eligibility requirements of the Pennsylvania Unemployment Compensation (UC) Law. Your benefit year begins MAY „09, -2004 and ends MAY 07, 2005. The maximum number of.. full. weeks of. benefits you may, be eligible to receive is determined by the number of credit weeks you had in your base year. Since you had 51 credit weeks, you qualify for 26 weeks of full benefits during your benefit year. Your maximum benefit entitlement during the benefit year is determined by multiplying- your weekly benefit rate by the maximum number of full weeks available to you. Your maximum benefit entitlement is $11.258. If your work hours are reduced due to lack of work, you may qualify for partial benefits. The Partial Benefit Credit (PBC) on your application is $174.. During a claim week, if you earn more than your PBC but less than $607 you may qualify for partial benefits. YOU ARE REQUIRED TO REPORT ALL GROSS EARNINGS DURING ANY WEEK THAT YOU ARE FILING FOR BENEFITS REGARDLESS OF WHETHER THE AMOUNT IS ABOVE OR BELOW YOUR PARTIAL BENEFIT CREDIT. For further information about the PBC, see the reverse side. Also, you will receive an additional- $ 8 dependents allowance for each week claimed during your benefit year. This allowance is for 2 dependent(s). The maximum amount of dependent's allowance available to you during the benefit year is $208. - - If you disagree with this determination or if this determination is incorrect, you have the right want to file an appeal You have until JUN O1 2004, which is your last day to appeal. For n and instructions_ see the reverse side. CA1716i 1 UC-"F REV 2-04 CONTINU 3 1 IF I Mar 23 04 C6:52a Robert Cioohectc 717-:375-1861 p.4 papartment pf ae Treawy --Whatnot Revpnw &i,'^ f? y?k 1V4ii F U S individual Income Tax Return 2003 , orm . . 99; lea uap on,.-oc nP?wdm pr aMae in,b.a apapr. For the Veer )an 1 - Dec 31, 2W3, or doer tae Year beginnnii 2003. encing , ZD OMS 'n.:sa5.00ra Label Your rrsr npma Ml -ssoenma w pedal eceunry number tspa,ps Wions.) Robert Ciochetto 1E6-46-3664 Use the Ita ontletum. spouses first name MI Iasi name spepa:a seas apcva} nvmazr IRS label. I _ I Otherwise, l t i Homo ada.(numbe,app assail. f,.. ha•ea P.0. lax, aee inaWeapna. Apv.mem np. A Important! I p ease pr n ortyps. 6 Wocdmere D You must enter your social C',,,own i'wk p6ca.A-euTaue tt :pmpn adwess, see inawcrpns swte zlpm]e scourny number(s) above. Presidential Cam Hill PA 17G1= Election Campaign ' Rote: Checking Yes' will not changge your tax pr reduce year refund. You Spouse spa inetrucnpnp.l Doi au, or Your eaouse f fillnn a iolnt thorn, want 9i3 to o to this fund? ? X Yes N. Yes ime Filing Status 1 Single 4 X Head of household (with oualifying pason). (See 2 'Named-i,i;lg_phdy lever, 0 any one hadncome! instructions.) It the qualfying person is a child ' but not your dependent, enter this child s Check only 3 Married:fling sepwamy. Enter ryouso's SSN above A tilt name here a. one box. name there. > S n Cualityina widow(a);vfth depanden child. (See in5mv6ons.) as LKJ Yourself. If your parent (or someone else) can claim you as a dependent on his or -1 N ' of h. Exemptions her tax return, do not shack box Sa ..... . ..... .... ... ... . .. . .. ?a and a0 1 b ? Spouts .. -- No. of If more than five cependertts, see instructions. Income Attach Forms W-2 and W-2G hem. Also attach Form(s)1009R If tax was withheld. If you did not get aW-2 see instructions, Encloser but do not attach, any payment. Also, ease use crm 10404. (2) Dependent's (3) Dependent's (4) v it ?n c Dependents: social security reiatiorship uueatyinc5 a t Wombat to you y 11,1 W ON m ekit wl 1 Firstnams Last name free ?tie,t a Domenic Ciochetto 176-78-0507 Son X Iwo is I ? I V d Total number of axemotions claimed . - T Wages, sallades, tips, stc Attach Form(s) W-2 ... . ... .................. . . 7 Sa Taxable interest Attach Schedule B f required .... ... .. .. , ....... 8 a b Tax-aatempt interest Do not include on line Be ...... ... I Sbl _ 9a Ordinary dividends-Attach Schi S if required ..... ................ ... 9a b ttadl? s 96? p k . ... e . . 10 Taeable rewds credits. or offsets of smle and local income taxes (seemncfors) .............. 10 11 Alimonyraceived...................... ......... , ...._...... t1 12 Business income or (loss). Attach Schedule C or C-F2'. . . . .. ...... ... ... ... 12 13a Capital gab or acss). AitSdh O dread. If not Mod. ck here ..... ........... ? G 13: b Oasts acaPW'??idisn rmpus .. ..... .. . , 113b? 14 Other gains or (losses). Attach Form 4797 ...... , . . ......... ...... , 14 15a IRA distributions....... 15a _ b Taxable amount (see insti 16k 16a. Pensions and annciGp ...I 56a Taxable amount see insos) .. t0k 1 2 ' 17 Rental real estate, royalties., partnerships, S corporations, trots, etc. Attach Schedule E .... 1 7 16 Farm income or (loss). Attach Schedule F .......... . . ................ 18 19 Unemployment compensation ............... ............ . .... 19 20a Social seeunly txnedts.......1 20al 1 b Taxable amount (see instrs) 201 21 Otherinteme ___ _ 21 _ 71 Arki tho amrnmts In Iha Far nom column ;ai lines 7 tlrmueh 21. Thks is vowtotal income . . ? 22 sc worn Wad Pyou... 1 did ma with you m blvorea v?anaen m irneat . sak.wt m sueree above . p numters INea 23 Educatorexperses(see instctions) .... .. , .. 23 : Adjusted Adjus 24 WA deductlcn (sea instructions) .. 2.4 Gross 25 Student loan interest deduction (am instructions) ...... I 25 ncome 26 Tukdon and fees deduction (see instructions) .... _ .... 26 27 Moving expenses. Attach Farm 3003 ............ . . 27 28 One-half of self-employment tar. Attach Schedule SE ..... 28 29 Self-employed health insurance deduction (see instrs) ..... 29 30 Self-employed-SEP, SIMPLE, and qualified plans ........ 30 31 Penalty on eady withdrawal of savings ............ 31 322 Alimony paid b Reciiients SSN..,?S61-19-5326 32a 2,833. 33 Add lines 23 IfLmgh32a ....................... ... .......... . . 33 2,'c3C. 34 Subtract line 33 from line 22. This is your adjusted grass Incom e .. ........ .... 34 . 36, 364 BAA For Disclosure. Prtva" Act. and Paperwork Reduction Act Notice, see instructions. F01MI12 o+nard Fonn 1040 (2x03; 3 fr It '.VJ 9 Mar 23 04 06:52a Robert Ciochetto 717-5^5-.961 p"2 rer^11u,;u zuuoi nuuerc ?iocn_c ru inn- n-"?enY race4 Tax nd 35 Amount from line 34 (adjusted gross ircome) .. t... ...... ..... . 36 3 6 , 3 64 . a ere4ts Standard Deduction for • people who 36a Check F'7yYou were born before January 2, 1939, 31ind. Total boxes if: 1 J Spouse was b7m before January 2. t $39. L 31nd. checked >• b If you ere married filing separately and your spouse here zes ceduc:ions, L or you were a dual-status amen, see irstnrcuorar and check here . . .. . . . . .. s 37 Itemized deductions (from Schedule A;, or your standard deduction (see left martini ....... 30a 36b J r ...... 37 . 5 0 5 . checked any Wx 1 738 Subtract line 37 from Ilne 35 .............................. .. . . j _38 I 26 , 8 5? . on line 36e or 066 or who can be claimed as a 36 If line 35 is $104,625 or lass. muttiply $3,050 by the total number of exemptxn,- claimed. on line 6d. If line 35 is ova, $104,625, see the worksheet in the instructions .. ....... 39 dependent, see irtsiructians a0 Taxable interne. Subuad lire 39 fmm [no 38. a lkle 39 is mare that fits 38 erwr-u-. . . . . ...... ' .......... .. ... 40 20,75:. . 1 41 1-I f? Tax (see in51R). Check if arty in is fmm a Dwarfs) 8614 b 11 Faun 4972 .. , .. 41 21616. • Ali OthefS Single or Married 42 Alternative minimum tax (ses inssuctionsj..4dach Form 625.. . . . . . .. . ... . .. . 42 Alin separately, 43 Add lines 41 and 42 . " ................. " .. ....... ... ? 43 2, 6 i X, $4'750 44 Foreign tax ored8. Attach Form 11168 required ....... 44 ied filing 45 Credit for chid and depememue expenses AaaGn Farm 2441 ..... 45 720. t jointlWngyor Qua(fi n 46 Credit for the elderly or the disabled. Attach Schedule R - 46 f g widow(er), 47 Education credits. Attach Form 8663 . .. .... .. ... 1 47 $9,500 48 Retirement savings contributions credit. Attach Form 8880 .. 48 Head of -49 Child tax credit (see. instructions) ....... . ... . ...... 49 6Q0 . $7 000 ofd, 50 Adoption credit. Attach Form 8839 . ...... . ........ 50 i 51 Cradis from: a ? Fan 8396 b [] Form 8859 .......... 57 II 52 Other crecits. Check applicable box(es): a Q Fo m 3800 ii b [] 8 01 a []Speafy , 52 I 53 9 Add tines 44 through' 52. T hew are your total oredfits . . . . . . . . .... .... 53 320. 54 Subtract lire 53 from hne 43. If line 53s more than line 43, enter -0-. , , ? 54 2 9 S . 55 Self-em*yslenttax.Atladl Sdtedus SE ........................... .... 55 Other 56 Social security and Medicare tax on rip income nmmpated to employer. Attach Form 4337 . . . .. ... . . 56 Taxes 57 Tax on qua8fed plans, bducFng IRAs and chmrtax favor-d accounts. Aetwh Form 5329 if required .. ..... 57 58 Advance earned income credit payments from Form(s) W-2 ...... . ...... . . .. 58 56 Household employment. taxes. Attach Schedule H .. .................. .... . s9 - An a.u ? . . . . . . . . .... " . . . . . . . . . . . - ? 6n , " _ 9 F Payments 61 Federal income tax withheld from Forms W-2 arts 1099 61 1, 650. If you havea 62 2DM e>trumaltaxpaymemsand amolumappded fron120021taum .... 82 Qualifying 63 Earned Impolite credit (Ell.......... ". " ....... 63 child, attach 64 Excess social secttliy aldberl RRTA tax withheld (see in5.maionsl ... 64 IIf Schedule EIC. 65 Additional child tax eteclit. Attach Form E512 ........... 65 I 66 Amount paid write requestforexarmlon to file (see inssucdons) ._ • . 66 67 Otitspmtsfmm: a-QFomr2439: III []Form 4136 c[]FOrm.A865?67 850. fib Add Ones 61 through 67. These are your total payments. . + . as Refund 69 If line 68 is more then ins 60. subtract lItte60 from line 611. This is the atmum you Overpaid .-..... .... p"9 554. Oll deposit? 70a Amount of One 69 you vvarKrefundad t6 ou ........ ... - .. ...... ? IAa 554. Sea instructions bRoutsrg number ...,...231382555 ' cT e: % Checkinc []Savings andiil in 70b, . d Accountnumber.... ... 0 0 00 76 9711 70c, and 70d- 77 Amoun of line fig you want applied to your 2004 estimated in ... ? 7 Amount 72 Amount you oro-Stdxrsctlil fmm fine 6o. Fordweib on how to pay, see iasbvstioe, ... . , .. , , ? 72 YOU Owe 73 Estimated tax penalty see instructions) ............ 73 j Third Pa Oo you want to allow another person to discuss this return with the IRS I- (see instructionsyt ..... ........ , . Yea. Complete the fo0cwing. [] Na Designee pedB^aa? phone PomaI it,entlfin mn Hama ?Charles S. Ciochetto, CPA aa. ? (215) 491-2749 namber(PiM `5249 ant, weer panatl?s m penu7• l da?^ mm' neaeaxaminmmb arum an¢ acmmpamiing smecurea ana sa•.emmG, ant i¢ tnewavfmy hnewiay6 Sign sd e, s ay am Aus oxreet an¢mmprer.Oear a b ¢f P apem ivm YV an wml ¢ asetl en wl In ¢rtnaaan m h m yaps a ma awy k row art, Here aura g re u e Once Ywr t,empaaan Daytime prwne number Joint return? , Manager See instructions. Keep a copy spouaeeaigrre ltaiabaraWm,bath mektign (Dane ISuaYaa'aalSapadioi for your records. ll? Oats PrepanYS 35N aPTM RPae1KS , DhBI.{{tf 66a.2mn)o'/3¢ rl Paid yamwe Pr arses " n-?a1 re arer lac wraa lr Use Only EIN x17<mpayaa).? h,'lluresa, anJ phone m. ZIP sue Form 1040(2003} 901Ad112 at/16/G4 - JUN-14-04 04:23 PM SILLIKER INCOME AND EXPENSE STATEMENT OF ROBERT F. CIOCHETTO ROBERT F, CIOCHETTO, Plaintiff V. Date: G - /j-- c r-i KRISTINA M, CIOCHETTO, Defendant INCOME: Employer: Address: Type of Work; Payroll Number: Pay Period (weekly, bi-weekly, etcj: Gross pay per pay period: Itemized Payroll Deductions'. Federal Withholding: social security: Local Wage Tax: State Income Tax: Retirement: Savings Bonds: Credit Union: Life Insurance: Sul Other (specify): Medicare Domestic Relations Net Pay per pay period: S l73, , IKER JUN-14-04 04:23 PM SILL OTHER INCOME: WEEK MOWTH YEAR INTEREST Dividends Pension Annuity Social Security Rents Royalties Expense Account Child & Spousal Support Unemployment Compensation Workmen's Compensation Totals: Total Income: EXPENSES: W ekjj Monthly 7luk (Fill in appropriate column) Home Mortgage/Rent Second Mortgage Maintenance Utilities- Electric Gas oil Telephone Refuse Water, Sewer Furniture Employment Public Transportation Lunch Texas Real Estate Personal Property moo, P.04 JUN-14-04 04:28 PM SILLIKER I N EXPENSES: W-"kiv Monthly xUdy Taxes Income Insurance Homeowners Automobile Life Accident Health Other Automobile Payments Fuel Repairs Medical Doctor -70,- Dentist Orthodontist Hospital Medicine Special Needs (glasses, braces, orthopedic devices) Education Private School Parochial School College Personal Clothing Food Berber/Hairdresser Credit Payments: Credit Card Charge Account SUFI-14-04 04:23 PM SILLIKER P.0 I 5 EXPENSES: Loans: Weakly Monthly Yearly (fill in appropriate column) Credit Union fw? "7 S E Si5M Miscellaneous: Household help Child Care Papers/Books Magazines Entertainment Pay Television Vacation Gifts Legal Fees Charitable Contributions Other Child Support Alimony payment Other: Totals: TOTAL EXPENSES: AFFIDAVIT t, Robert F. Clochetto, hereby certify that the aforegoing is true and correct to the best of my knowledge information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4909 relating to unsworn falsification to aut rs. Dated: -/ - Tt6 bert F. Ciochetto EXHIBIT "D" LIABILITIES Plaintiff lists all liabilities of either or both spouses alone or with any person as of the date of separation. ITEM NUMBER 1 Description: Waypoint Bank mortgage relative to husband's real estate purchased prior to marriage. Amount of debt presently: $0 Amount of debt at separation: $78,043 (9/14/00) Date debt incurred, initial amount of indebtedness and purpose of debt: Original mortgage incurred in August, 1928 - has been subsequently re-mortgaged into a PNC home equity loan with a present of $110,000. PNC home equity loan also includes the balance of the Ditech second mortgage which was incurred immediately following the parties' separation and which includes marital debt. Amount paid by debtor since date of separation: Unknown due to rollovers. ITEM NUMBER 2 Description: PNC Bank second mortgage Amount of debt presently: $0 Amount of debt at separation: Approximately $10,000 Date debt incurred, initial amount of indebtedness and purpose of debt: Incurred July 9, 1999, to pay off Husband and Wife's pre-marital and marital debts. Amount paid by debtor since date of separation: Unknown - balance was subsequently rolled over into the Ditech second mortgage which was subsequently rolled over into the PNC home equity loan. ITEM NUMBER 3 Description: Personal loan from Plaintiff s parents, Charles and Michelins Ciochetto Amount of debt presently: $35,000 Amount of debt at separation: Approximately $9,500 Date debt incurred, initial amount of indebtedness and purpose of debt: June, 1998. Incurred to loan Husband money to place down payment on real estate and to pay off his car loan. Amount paid by debtor since date of separation:. Unknown - Husband subsequently borrowed additional monies from his parents to payoff marital and non-marital. debt. ITEM NUMBER 4 Description: Providian Bank credit card (Wife) Amount of debt presently: Unknown Amount of debt at separation: Approximately $4,200 Date debt incurred, initial amount of indebtedness and purpose of debt: Incurred prior to marriage - pre-marital and marital debt. Amount paid by debtor since date of separation: Unknown ITEM NUMBER 5 Description: Discover credit card (Wife) Amount of debt presently: Unknown Amount of debt at separation: approximately $11,000 Date debt incurred, initial amount of indebtedness and purpose of debt: Part of balance incurred prior to marriage - incurred on pre-marital and marital debts. Amount paid by debtor since date of separation: Unknown ITEM NUMBER 6 Description: M&T Financial Trust installment loan (Wife) Amount of debt presently: believed to be paid off Amount of debt at separation: $2,700 Date debt incurred, initial amount of indebtedness and purpose of debt: Incurred prior to parties' marriage. Wife put $5,000 of Husband's debt on credit card so that he could purchase house. Amount paid by debtor since date of separation: Husband paid off balance of approximately $2,700 following parties' separation. ITEM NUMBER 7 Description: MBNA credit card (Husband) Amount of debt presently: approximately $6,400 Amount of debt at separation: $7,394 (10/18/00) Date debt incurred, initial amount of indebtedness and purpose of debt: Incurred in August, 2000. Husband rolled over a First USA credit card balance onto MBNA. Incurred on marital debts. Amount paid by debtor since date of separation: Unknown ITEM NUMBER 8 Description: HRS USA loan Amount of debt presently: Paid off - rolled into loan from Husband's sister Amount of debt at separation: Approximately $6,600 Date debt incurred, initial amount of indebtedness and purpose of debt: Approximately 1999 for windows on Husband's real estate. Amount paid by debtor since date of separation: Unknown due to rollover ITEM NUMBER 9 Description: Lowe's credit card Amount of debt presently: $0 - debt was rolled over into a Ditech second mortgage following the parties' separation. Amount of debt at separation: Approximately $1,000 Date debt incurred, initial amount of indebtedness and purpose of debt: Incurred during marriage on marital expenses. Amount paid by debtor since date of separation: Unknown due to rollover. ITEM NUMBER 10 Description: Sam's Club credit card Amount of debt presently: $0 - debt was rolled over into Ditech second mortgage incurred following parties' separation. Amount of debt at separation: Approximately $1,300 Date debt incurred, initial amount of indebtedness and purpose of debt: Partially incurred prior to marriage and following marriage. Used to pay for household expenses and for chicken wings for Coakley's Restaurant. Amount paid by debtor since date of separation: Unknown due to rollover. ITEM NUMBER 11 Description: Washington Mutual Loan Amount of debt presently: $0 - debt was rolled over into Ditech second mortgage incurred following parties' separation. Amount of debt at separation: approximately $3,600 Date debt incurred, initial amount of indebtedness and purpose of debt: April, 2000. Amount of debt - $4,535 incurred on marital bills. Amount paid by debtor since date of separation: Unknown due to rollover ITEM NUMBER 12 Description: PNC Bank automobile loan (Oldsmobile Bravada) Amount of debt presently: $0 - debt was rolled into a loan from Husband's sister. Amount of debt at separation: approximately $9,600 Date debt incurred, initial amount of indebtedness and purpose of debt: Incurred in 1999. Incurred in purchase of Husband's Oldsmobile Bravada. Amount paid by debtor since date of separation: Unknown due to rollover. ITEM NUMBER 13 Description: Associates Capitol Bank line of credit Amount of debt presently: $0 - rolled into loan from Husband's sister Amount of debt at separation: approximately $1,500 Date debt incurred, initial amount of indebtedness and purpose of debt: September, 2000 in the approximate amount of $1,500 - used to pay marital bills. Amount paid by debtor since date of separation: Unknown due to rollover ITEM NUMBER 14 Description: Citizen's Bank automobile loan (Wife's Dodge Grand Caravan) Amount of debt presently: $0 - rolled into Ditech second mortgage incurred following parties' separation. Amount of debt at separation: approximately $13,808 (11/3/00) Date debt incurred, initial amount of indebtedness and purpose of debt: Incurred 1999 - Incurred on purchase of Dodge Grand Caravan. Amount paid by debtor since date of separation: Unknown due to rollover. INCOME AND EXPENSE STATEMENT OF ROBERT F. CIOCHETTO ROBERT F. CIOCHETTO, Plaintiff V. KRISTINA M. CIOCHETTO, Defendant INCOME: Employer: Address: Type of Work: Payroll Number: Date: 3 ?, +<? ,2970 16FERS01v 57- &8G- "f f7/D/ LAS Pay Period (weekly, bi-weekly, etc.): //-CX/" V Gross pay per pay period: gd. X? Itemized Payroll Deductions: Federal Withholding: 7r- Social Security: 96 Local Wage Tax: .5' State Income Tax: Qq. J Retirement: $ $ Savings Bonds: $ Credit Union: $ $ Life Insurance: $ SUI a Other (specify) Medicare '7`P Domestic Relatio _ Net Pay per pay period: G`j . C OTHER INCOME: WEEK MONTH YEAR INTEREST Dividends Pension Annuity Social Security Rents Royalties Expense Account Child & Spousal Support Unemployment Compensation Workmen's Compensation Totals: Total Income: EXPENSES: Weekly Monthly Yearly (Fill in appropriate column) Home Mortgage/Rent Second Mortgage Maintenance Utilities- Electric Gas Oil Telephone Refuse Water, Sewer Furniture Employment Public Transportation Lunch Taxes Real Estate Personal Property ?11= EXPENSES: Weekly Monthly Yearly Taxes Income Insurance Homeowners Automobile Life Accident Health Other Automobile Payments Fuel Repairs Medical Doctor Dentist Orthodontist Hospital Medicine Special Needs (glasses, braces, goo-.'fri orthopedic devices) Education Private School Parochial School College Personal Clothing Food Barber/Hairdresser Credit Payments: Credit Card '- Charge Account 61 " EXPENSES: Loans: Weekly Monthly Yearly (fill in appropriate column) Credit Union Miscellaneous: Household help Child Care Papers/Books Magazines Entertainment Pay Television Vacation Gifts Legal Fees Charitable Contributions Other Child Support Alimony payment Other: Totals: r?- TOTAL EXPENSES: AFFIDAVIT I, Robert F. Ciochetto, hereby certify that the aforegoing is true and correct to the best of my knowledge information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4909 relating to unsworn falsification to authorities. Dated: cg ? bert F. Ciochetto r ?:_, ;-, -? - -? - --# _: - - _ - f7r i __,. _ ro ??1 ?? __? .-. ? -. w'' ? ice' J 7" ? i ^ ?'la SILLIKER & REINHOLD LAW OFFICES 5922 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA 17112 MARK T..SILLIKER KRISTIN R. REINHOLD. June 17, 2004 Cumberland County Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Robert F. Ciochetto v. Kristina M. Ciochetto No. 00-7079 Civil Term Dear Sir or Madam: PHONE: (717) 671-1500 FAX: (717) 671-8968 c,t*a Enclosed Enclosed please find an original and four copies of a Pretrial Statement relative to the e-captioned matter.. I would be most appreciative if you could please file these documents on behalf of my client, and mail the clocked-in copies back to me in the do enclosed envelope., Needless to say, should you have any questions regarding this matter, please do not hesitate to contact me. Sincer y, - - _ Kristin R. Reinhold KRR/rsd Enclosures Cc: Robert Elicker, Esquire Nora Blair, Esquire ROBERT F. CIOCHETTO, Plaintiff V. KRISTINA M. CIOCHETTO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-7079 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE INVENTORY OF PLAINTIFF Plaintiff files this inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. ERT F. CIOCHETTO ASSETS OF THE PARTIES Plaintiff marks on the list below the items applicable to the case at bar and itemizes the assets on the following pages. O 1. Real Property (x) 2. Motor Vehicles () 3. Stocks, bonds, securities and options O 4. Certificates of Deposit O 5. Checking accounts, cash O 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes O 8. Trusts O 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts O 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home O 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) () 16. Employment termination benefits-severance pay, Workers' Compensation claim/award O 17. Profit sharing plans () 18. Pension plans (indicate employee contributions and date plan vests) (x) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments O 21. Litigation Claims (matured and unmatured) () 22. Military/V.A. benefits O 23. Education benefits () 24. Debts due, including loans, mortgages held O 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) () 26. Other r MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action commenced. Item Number Description of Property Name of Ovmers Value as of Date Action Commenced I. IRA Wife $ 921.00 (6/30/2000) 2. IRA Wife $1,581.00 (9/30/00) 3. 1996 Dodge Grand Caravan SE Husband & Wife $11,500.00 4. 1994 Oldsmobile Bravado Husband $8,000.00 NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Number Description of Property Reason for Exclusion 1. Real estate located at pre-marital property 6 Woodmere Drive Camp Hill, PA 17011 2. 2004 Chevrolet S-10 Truck post-marital property PROPERTY TRANSFERRED Item Number Description of Properly Date of Transfer Consideration Person to Whom Transferred 1. 1996 Dodge Grand Caravan SE 2001 $11,500.00 Gene Metro, (automobile loan Hermitage, PA $14,000.00) 16148 (cost associated with preparation for sale $923.97) 2. 1994 Oldsmobile Bravado August, 2003 $3,000 trade in Forbes Chevrolet A Item Number Description of Property 1. mortgage relative to Waypoint Bank husband's real estate 2. 2"a mortgage PNC Bank (includes marital debt) 3. loan Charles & Michaelina Ciochetto LIABILITIES Name of all Creditors Name of all Amount owed as Debtors of date Action Commenced Husband $78,043.00 (9/14/00) Husband approximately $10,000.00 Husband $9,500.00 (husband's parents loaned him $5,000 for downpayment on real estate & $4,500 to pay off car loan) Wife approx. $4,200.00 Wife approx. $11,000.00 Wife approx. $2,700.00 (Husband paid off following separation) Husband $7,394.00 (10/18/00) Husband & Wife approx. $6,600.00 Husband approx. $1,000.00 Husband approx. $1,300.00 Husband approx. $3,600.00 Husband approx. $9,600.00 Husband approx. $1,100.00 Husband &Wife $13,808.00(11/3/00) 4. credit card Providian Bank 5. credit card Discover 6. credit card M&T Financial Trust 7. 8. 9. 10. I1. 12. 13. 14. credit card loan credit card credit card loan automobile loan (Oldsmobile Bravada) line of credit automobile loan (Dodge Grand Caravan) MBNA HRS USA Lowe's Sam's Club Washington Mutual PNC Bank Associates Capitol Bank Citizen's Bank N C'? ?.. G 3 '1j S J rr'i_. ?-un u . . ? T ? .j r _7 ?'? C' ? ?.f.7 ?'f ] . r ?: .. -? .? -- ROBERT F. CIOCHETTO, Plaintiff Vs. KRISTINA M. CIOCHETTO, Defendant ORDER AND NOW, this 211' day of September, 2004, a brief argument on the within motion for sanctions is set for Thursday, October 21, 2004, at 4:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, )44 Hess, J. ristin R. Reinhold, Esquire For the Plaintiff ,-Nora Blair, Esquire For the Defendant :rlm IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-7079 CIVIL IN DIVORCE/CUSTODY IN RE: MOTION FOR SANTIONS o9-z?4-o4 OF T P? r?T??Y Zog4 SEP 29 AIR 8` '9 cu, V? i ROBERT F. CIOCHETTO, Plaintiff V. KRISTINA M. CIOCHETTO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7079 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY ORDER OF COURT AND NOW, this day of , 2004, upon consideration of the attached Motion for Sanctions, IT IS HEREBY ORDERED AND DECREED that said relief is hereby granted. BY THE COURT: J. ROBERT F. CIOCHETTO, Plaintiff V. KRISTINA M. CIOCHETTO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7079 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY PLAINTIFF'S MOTION FOR SANCTIONS AND NOW comes the Plaintiff, Robert F. Ciochetto, by and through his attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully moves this Honorable Court to impose sanctions against the Defendant, Kristina M. Ciochetto, and in support thereof, avers the following: 1. The Plaintiff filed a Complaint in Divorce on or about October 13, 2000, including an economic claim of equitable distribution. 2. Plaintiff filed a Motion for Appointment of Master on or about March 19, 2004. E. Robert Elicker, II, Esquire, was subsequently appointed Divorce Master relative to this matter. 3. In correspondence dated May 26, 2004, the Divorce Master directed counsel for the parties to file a Pre-trial Statement on or before Friday, June 18, 2004. 4. Plaintiff timely filed his Pre-trial Statement on or about June 18, 2004. 5. To date, Defendant, Kristina M. Ciochetto, has failed to file her Pre- trial Statement, a period in excess of three months since it was ordered to be filed. 6. Pursuant to Pa.R.C.P. 1920.33(c) and Pa.R.C.P. 4019(c), this Honorable Court may make: (1) "an Order that the matters regarding which the questions were asked, or the character or description of the thing or land, or the contents of the paper, or any other designated fact shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the Order; (2) an Order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents, things, or testimony ..." 7. Defendant's failure to timely file a Pre-trial Statement pursuant to the direction of the Divorce Master and in violation of Pa.R.C.P. 1920.33(b) warrants imposition of sanctions set forth in Pa.R.C.P. 4019. Specifically, Plaintiff requests Defendant be prohibited from offering any testimony or evidence in opposition to the information set forth in Plaintiff's Pre-trial Statement. WHEREFORE, the Plaintiff, Robert F. Ciochetto, respectfully requests this Honorable Court impose sanctions against the Defendant for her failure to timely file her Pre-trial Statement in whatever manner this Court deems reasonable and just. Date: 3)31 10q Respectfully submitted, THE LAW OFFI ES OF SILLIKER & RIZIINHQLJ 5922 L&glestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Robert F. Ciochetto ROBERT F. CIOCHETTO, Plaintiff V. KRISTINA M. CIOCHETTO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7079 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE The undersigned, Renee Dreisbach, hereby certifies that a copy of a Plaintiff s Motion for Sanctions was mailed to Nora Blair, Esquire, Attorney for the Defendant, Kristina M. Ciochetto on September 23, 2004, by first-class mail, addressed as follows: Nora Blair, Esquire 5440 Jonestown Road Harrisburg, PA 17112 I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 1C)q (W&Rken)ee Dreisbach c? t ?d G S:? i, f. .-! t=1 _J lill.._ f \? Gam: ! ? 3? ? _ _, k./'? -' ?.? RA _ - GV ., ROBERT F. CIOCHETTO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 00 - 7079 CIVIL KRISTINA M. CIOCHETTO, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of 2004, a divorce decree having been entered previously on August 23, 2004, and the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated October 18, 2004, the appointment of the Master is vacated. BY THE COURT, cc: oristin R. Reinhold Attorney for Plaintiff 4,,N-ora F. Blair Attorney for Defendant 11-61 A nM G7 is_ E.3;.1t ? v J t MARRIAGE SETTLEMENT AGREEMENT By and between ROBERT F. CIOCHETTO - AND - KRISTINA M. CIOCHETTO Dated: n (? ?!: 92004 fi INDEX PAGE 1. Divorce and Separation ................................................................ 4 2. Division of Property ..................................................................... 4 3. Income Tax Prior Returns ............................................................ 5 4. Execution of Additional Documents ........................................... 6 5. Transfers Subject to Liens ........................................................... 6 6. Complete Listing of Property ...................................................... 6 7. Equitable Distribution of Property .............................................. 6 8. Relinquishment of Ownership ..................................................... 7 9. After-Acquired Property .............................................................. 7 10. Debts ............................................................................................. 7 11. Bankruptcy .................................................................................... 9 12. Alimony ........................................................................................ 10 13. Full Disclosure ............................................................................. 10 14. Releases ........................................................................................ 10 15. Indemnification ............................................................................ 11 16. General Provisions ....................................................................... 12 17. Fair and Equitable Contents ......................................................... 12 18. Breach ........................................................................................... 12 19. Independent Separate Covenants ................................................. 13 20. Void Clauses ................................................................................ 13 21. Execution of Documents .............................................................. 13 22. Applicable Law ............................................................................ 13 23. Non-Merger .................................................................................. 13 24. Disclosure and Waiver of Procedural Rights .............................. 13 25. Tax Advice ................................................................................... 15 26. Representation of Parties ............................................................. 15 Signature Page .............................................................................. 16 Acknowledgement Page ............................................................... 16 2 MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this ?`S+l` day of 2004, by and between Robert F. Ciochetto -AND- Kristina M. Ciochetto, at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife, having been married on October 25, 1998, at Cumberland County, Pennsylvania. WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. The parties separated on September 23, 2000. NOW, THEREFORE, in consideration of the aforegoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither parry shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the cause leading to their living apart. A reconciliation will not void the provisions of this Agreement. 2. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property: A. The following shall become the sole and exclusive property of Husband: 1. Husband shall retain possession and ownership of the 1994 Oldsmobile Bravado which was subsequently disposed of post- separation. B. The following shall become the sole and exclusive property of Wife: Wife shall retain any pension plans and/or retirement plans and/or employee stocks or savings plans, and/or 401 K plans and/or any and all other employment benefits, which she has accumulated during the course of her past or present employment. Specifically, 4 Wife shall be entitled to her two IRAs cumulatively valued at approximately $2,500 as of the date of the parties' separation. C. All personal property in the possession of each party as of the date of execution of this Agreement shall remain the sole and separate property of each party respectively. D. The parties acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and other sources of income and based thereon they mutually agree that the property listed above constitutes the entire marital property. E. The parties acknowledge that they were joint owners of a 1996 Dodge Grand Caravan SE which was acquired during the marriage. The parties further acknowledge that the Grand Caravan was sold post-separation for a loss. 3. Income Tax Prior Returns. The parties have Heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 4. Execution of Additional Documents. The parties agree to each sign Affidavits of Consent upon the expiration of ninety (90) days following the filing and service of the Divorce Complaint. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 5. Transfers Subject to Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 6. Complete Listing of Property. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. The parties agree that in the event any marital assets are discovered which were not disclosed in this Agreement, Wife shall be entitled to 100 percent of the value of the discovered asset. 7. Equitable Distribution of Property. By this Agreement, the parties have intended to effect an equitable distribution of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers of property herein as non-taxable. 8. Relinquishment of Ownership. Except as provided herein, Husband forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. 9. After-Acquired Property. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 10. Debts. A. Husband shall be responsible for the following debts which existed at the time of the parties' separation as follows: 1. Waypoint Bank in the amount of $78,043. 2. PNC Bank second mortgage in the amount of $10,000. 3. Personal loan from Charles and Michelina Ciochetto in the amount of $9,500. 4. M&T Financial Trust installment loan in the amount of $2,700. 5. MBNA credit card in the amount of $7,394 6. HRS USA loan in the approximate amount of $6,600. 7. Lowe's credit card in the approximate amount of $1,000. 8. Sam's Club credit card in the approximate amount of $1,300. 9. Washington Mutual loan in the approximate amount of $3,600. 10. PNC automobile loan in the approximate amount of $9,600. 11. Associate Capital Bank line of credit in the approximate amount of $1,500. 12. Citizen's Bank automobile loan in amount of $13,808. Wife shall be responsible for the following debts which existed at the time of the parties' separation as follows: 1. Discover card in the approximate amount of $11,000. 2. Providian Bank credit card in the approximate amount of $4,200. B. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 11. Bankruptcy or Reorganization Proceedings. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each e party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 12. Alimony. The parties mutually forego and waive any right to alimony. Further, the parties acknowledge that Wife is currently receiving spousal support/APL through the Cumberland County Domestic Relations Section of the Court of Common Pleas, PACSES case number 280102788, Docket number 00948 S 2000, in the approximate amount of $80.30 per month, in addition to receiving child support. The parties agree that effective September 30, 2004, spousal support/APL shall terminate. The child support portion of the Domestic Relations Order shall remain in full force and effect. Arrearages, if any, as of September 30, 2004, shall remain due and owing, and shall be paid according to the terms of the current Domestic Relations Order. 13. Full Disclosure. The respective parties do hereby warrant, represent and declare that he and she have made a full and complete disclosure to the other of all assets of any nature whatsoever in which such parry has an interest and any further enumeration or statement thereof in this Agreement is specifically waived. Each party agrees that he or she shall not at any future time raise such a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the exception of disclosure that may have been fraudulently withheld. 14. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against 10 each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement or as otherwise stated in this Agreement. 15. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of the warranties made by Husband or Wife to the other in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 11 16. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 17. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advise from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 18. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 12 19. Independent Separate Covenants. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 20. Void Clauses. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 21. Execution of Documents. Each parry shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 22. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. Non-Merger. This Agreement shall not merge with any subsequent decree in divorce between the parties but shall survive such decree and be entirely independent thereof. This Agreement shall be incorporated for the purposes of enforcement only into any Decree in Divorce which may be entered with respect to the parties, but shall not be deemed to have been merged with such Decree. 24. Disclosure and Waiver of Procedural Rights. Each party understands that he or she has the right to obtain from the other party a complete Inventory or list of all property that either or both parties own at this time or owned as of 13 the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have court held hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each parry acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an Income and Expense Statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital, and to set aside to a party that property which the Court determines to be that party's non- marital property. 14 The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite, equitable distribution, custody, visitation, and counsel fees, costs and expenses. 25. Tax Advice. Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice by their respective attorneys. Further, both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor, with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgement that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 26. Representation of Parties. The parties have mutually worked out the terms of this Marriage Settlement Agreement. Husband has been represented by Kristin R. Reinhold, Esquire. Wife has been represented by Nora F. Blair, Esquire. 15 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Kristina M. Ciochetto COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ert F. Ciochetto SS: On this&'/?day of Oc,, z , 2004, before me Subscriber, a Notary Public, for the Commonwealth of Pennsylvania, came Kristina M. Ciochetto, known to me or satisfactorily proven to be the Wife in the aforegoing Marriage Settlement Agreement. y Kristina M. Ciochetto Witness my hand and Notarial seal, the day and year aforesaid. l ? Not u licc- My Commission Expires: NOTARIAL SEAL Connie Lee Urnric, Notary Public Lower Paxton Twp., Dauphin County My commission expires November 4, 2006 16 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: On this day of 2004, before me Subscriber, a Notary Public, for the Commonweal of Pennsylvania, came Robert F. Ciochetto, known to me or satisfactorily proven to be the Husband in the aforegoing Marriage Settlement Agreement. i _ o ert F. Ciochetto Witness my hand and Notarial seal, the day and year aforesaid. Notary is My Commission Expires: N ZjGtffY Public 90 2006 17 00- `70'74 MARRIAGE SETTLEMENT AGREEMENT By and between ROBERT F. CIOCHETTO -AND- KRISTINA M. CIOCHETTO Dated: n ?-v 92004 INDEX PAGE 1. Divorce and Separation ................................................................ 4 2. Division of Property ..................................................................... 4 3. Income Tax Prior Returns ............................................................ 5 4. Execution of Additional Documents ........................................... 6 5. Transfers Subject to Liens ........................................................... 6 6. Complete Listing of Property ...................................................... 6 7. Equitable Distribution of Property .............................................. 6 8. Relinquishment of Ownership ..................................................... 7 9. After-Acquired Property .............................................................. 7 10. Debts ............................................................................................. 7 11. Bankruptcy ................................................................................... 9 12. Alimony ........................................................................................ 10 13. Full Disclosure ............................................................................. 10 14. Releases ........................................................................................ 10 15. Indemnification ............................................................................ 11 16. General Provisions ....................................................................... 12 17. Fair and Equitable Contents ......................................................... 12 18. Breach ........................................................................................... 12 19. Independent Separate Covenants ................................................. 13 20. Void Clauses ................................................................................ 13 21. Execution of Documents .............................................................. 13 22. Applicable Law ............................................................................ 13 23. Non-Merger .................................................................................. 13 24. Disclosure and Waiver of Procedural Rights .............................. 13 25. Tax Advice ................................................................................... 15 26. Representation of Parties ............................................................. 15 Signature Page .............................................................................. 16 Acknowledgement Page ............................................................... 16 2 MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this day of , 2004, by and between Robert F. Ciochetto -AND- Kristina M. Ciochetto, at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife, having been married on October 25, 1998, at Cumberland County, Pennsylvania. WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and fixture support, alimony and/or maintenance of Wife by Husband or Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. The parties separated on September 23, 2000. NOW, THEREFORE, in consideration of the aforegoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the cause leading to their living apart. A reconciliation will not void the provisions of this Agreement. 2. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property: A. The following shall become the sole and exclusive property of Husband: 1. Husband shall retain possession and ownership of the 1994 Oldsmobile Bravado which was subsequently disposed of post- separation. B. The following shall become the sole and exclusive property of Wife: 1. Wife shall retain any pension plans and/or retirement plans and/or employee stocks or savings plans, and/or 401 K plans and/or any and all other employment benefits, which she has accumulated during the course of her past or present employment. Specifically, Wife shall be entitled to her two IRAs cumulatively valued at approximately $2,500 as of the date of the parties' separation. C. All personal property in the possession of each party as of the date of execution of this Agreement shall remain the sole and separate property of each party respectively. D. The parties acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and other sources of income and based thereon they mutually agree that the property listed above constitutes the entire marital property. E. The parties acknowledge that they were joint owners of a 1996 Dodge Grand Caravan SE which was acquired during the marriage. The parties further acknowledge that the Grand Caravan was sold post-separation for a loss. 3. Income Tax Prior Returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 4. Execution of Additional Documents. The parties agree to each sign Affidavits of Consent upon the expiration of ninety (90) days following the filing and service of the Divorce Complaint. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 5. Transfers Subject to Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 6. Complete Listing of Property. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. The parties agree that in the event any marital assets are discovered which were not disclosed in this Agreement, Wife shall be entitled to 100 percent of the value of the discovered asset. 7. Equitable Distribution of Property. By this Agreement, the parties have intended to effect an equitable distribution of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers of property herein as non-taxable. 8. Relinquishment of Ownership. Except as provided herein, Husband forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. 9. After-Acquired Property. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 10. Debts. A. Husband shall be responsible for the following debts which existed at the time of the parties' separation as follows: 1. Waypoint Bank in the amount of $78,043. 2. PNC Bank second mortgage in the amount of $10,000. 3. Personal loan from Charles and Michelina Ciochetto in the amount of $9,500. 4. M&T Financial Trust installment loan in the amount of $2,700. 5. MBNA credit card in the amount of $7,394 6. HRS USA loan in the approximate amount of $6,600. 7. Lowe's credit card in the approximate amount of $1,000. 8. Sam's Club credit card in the approximate amount of $1,300. 9. Washington Mutual loan in the approximate amount of $3,600. 10. PNC automobile loan in the approximate amount of $9,600. 11. Associate Capital Bank line of credit in the approximate amount of $1,500. 12. Citizen's Bank automobile loan in amount of $13,808. Wife shall be responsible for the following debts which existed at the time of the parties' separation as follows: 1. Discover card in the approximate amount of $11,000. 2. Providian Bank credit card in the approximate amount of $4,200. B. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 11. Bankruptcy or Reorganization Proceedings. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 9 12. Alimony. The parties mutually forego and waive any right to alimony. Further, the parties acknowledge that Wife is currently receiving spousal support/APL through the Cumberland County Domestic Relations Section of the Court of Common Pleas, PACSES case number 280102788, Docket number 00948 S 2000, in the approximate amount of $80.30 per month, in addition to receiving child support. The parties agree that effective September 30, 2004, spousal support/APL shall terminate. The child support portion of the Domestic Relations Order shall remain in full force and effect. Arrearages, if any, as of September 30, 2004, shall remain due and owing, and shall be paid according to the terms of the current Domestic Relations Order. 13. Full Disclosure. The respective parties do hereby warrant, represent and declare that he and she have made a full and complete disclosure to the other of all assets of any nature whatsoever in which such parry has an interest and any further enumeration or statement thereof in this Agreement is specifically waived. Each party agrees that he or she shall not at any future time raise such a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the exception of disclosure that may have been fraudulently withheld. 14. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against 10 each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement or as otherwise stated in this Agreement. 15. Indemnification. Each parry represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each parry covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of the warranties made by Husband or Wife to the other in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 11 16. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 17. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advise from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 18. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 12 19. Independent Separate Covenants. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 20. Void Clauses. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 21. Execution of Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 22. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. Non-Merger. This Agreement shall not merge with any subsequent decree in divorce between the parties but shall survive such decree and be entirely independent thereof. This Agreement shall be incorporated for the purposes of enforcement only into any Decree in Divorce which may be entered with respect to the parties, but shall not be deemed to have been merged with such Decree. 24. Disclosure and Waiver of Procedural Rights. Each parry understands that he or she has the right to obtain from the other parry a complete inventory or list of all property that either or both parties own at this time or owned as of 13 the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have court held hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an Income and Expense Statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital, and to set aside to a party that property which the Court determines to be that party's non- marital property. 14 f. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite, equitable distribution, custody, visitation, and counsel fees, costs and expenses. 25. Tax Advice. Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice by their respective attorneys. Further, both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor, with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgement that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 26. Representation of Parties. The parties have mutually worked out the terms of this Marriage Settlement Agreement. Husband has been represented by Kristin R. Reinhold, Esquire. Wife has been represented by Nora F. Blair, Esquire. 15 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. r Kristina M. Ciochetto COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ert F. Ciochetto 2 SS: On thiserday of arldkz , 2004, before me Subscriber, a Notary Public, for the Commonwealth of Pennsylvania, came Kristina M. Ciochetto, known to me or satisfactorily proven to be the Wife in the aforegoing Marriage Settlement Agreement. Kristin M. Ciochetto Witness my hand and Notarial seal, the day and year aforesaid. l' 4 Not lic My Commission Expires: NOTARIAL SEAL Connie Lee Linnic, Notary Public Lower Paxton Twp., Dauphin County 16 My commission expires November 4, 2006 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: On thi%:iZ day of 2004, before me Subscriber, a Notary Public, for the Commonweal of Pennsylvania, came Robert F. Ciochetto, known to me or satisfactorily proven to be the Husband in the aforegoing Marriage Settlement Agreement. o ert F. iochetto Witness my hand and Notarial seal, the day and year aforesaid. otary is My Commission Expires: DIU public Ugi&6*"C=06 17 `."'&lf)fa9t54i3p§ft?+ S ..'f>Mye ar3 - 4fiFf a- i _?v?°'i_ Wdu4 p11 ?M? vil " a, 031 ?^? N O - <:a .X.T T (.I -, cv c .? ?? - r, C3 C? c .a ? ROBERT F. CIOCHETTO, Plaintiff VS. KRISTINA M. CIOCHETTO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-7079 CIVIL CIVIL ACTION - LAW IN RE: MOTION FOR SANCTIONS ORDER AND NOW, this 2 1 , day of October, 2004, the parties having indicated the likelihood of a settlement, hearing in this matter is continued generally. BY THE COURT, ?Kristin R. Reinhold, Esquire For the Plaintiff vlQora F. Blair, Esquire For the Defendant Am N OpLt . -on, io-a'-o i-?- 1 f.-.- - f-(3il ? . ?ASar?t?mm,?'.^'••;wsac?sz„?a?,ane,.? 0 ROBERT F. CIOCHETTO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-7079 CIVIL TERM KRISTINA M. CIOCHETTO, CIVIL ACTION - LAW Defendant : IN DIVORCE PLAINTIFF'S PRETRIAL STATEMENT LIST OF ASSETS: See document attached hereto as Exhibit "A". 2. EXPERT WITNESSES: None NON-EXPERT WITNESSES: (a) Robert F. Ciochetto, 6 Woodmere Drive, Camp Hill, PA 17011. Plaintiff shall testify on his own behalf regarding all issues relevant to equitable distribution and alimony. (b) Charles Ciochetto, 229 Meadowbrook Road, Hermitage, PA. Mr. Ciochetto, the Plaintiff's father, shall testify to the various loans made to his son to purchase the pre-marital real estate as well as loans following the parties' separation to pay off marital debt. (c) Susan M. Ciochetto, 4600 4151 Street North, Arlington, Virginia. Ms. Ciochetto, Plaintiff s sister, shall testify to loaning the Plaintiff approximately $27,000 in January of 2001 to pay off marital debt. (d) Mr. Ciochetto reserves the right to call additional witnesses for rebuttal if necessary. or 4. EXHIBITS: See documents attached hereto as Exhibit "B". PARTIES' GROSS INCOME: 2003 - Husband - $39,161 2004 - Husband (anticipated) - $22,500 2003 - Wife - approximately $16,200 2004 - Wife (anticipated) - $17,000 6. CURRENT INCOME & EXPENSE STATEMENT: See document attached hereto as Exhibit "C". PENSION AND RETIREMENT BENEFITS: Husband has no pension and/or retirement benefits. Wife had two IRAs at the time of the parties' separation with a cumulative value of approximately $2,500. It is believed Wife liquidated her IRAs post-separation. 8. DISPUTED TANGIBLE PERSONAL PROPERTY: None 9. MARITAL DEBTS: See document attached hereto as Exhibit "D". 10. PROPOSED RESOLUTION OF ECONOMIC ISSUES: Each party shall retain possession and ownership of the personal property currently in his or her possession. Wife shall be entitled to her two IRAs with a cumulative value of approximately $2,500. Husband shall retain the real estate located at 6 Woodmere Drive, Camp Hill, which is pre-marital property and shall be fully responsible for the first and second mortgages which include marital debt. Husband shall be responsible for the loan to his parents, Charles and Michelina Ciochetto in the amount of $9,500, the MBNA credit card with a balance of $7,394, the HRS USA loan in the amount of $6,600. The Lowe's credit card in the approximate amount of $1,000, the Sam's Club credit card in the approximate amount of $1,300, the Washington Mutual loan in the amount of $3,600, and the Associates Capitol Bank line of credit in the approximate amount of $1,100. Wife shall be responsible for the balance on the Discover A credit card with an approximate balance of $11,000 and the Providian Bank credit card in the approximate amount of $4,200. Date: Attorney for Robert F. Ciochetto Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 A EXHIBIT "A" LIST OF MARITAL ASSETS Item Asset Value Date of Non-marital Number Valuation Portion I. IPA (Wife) $ 921 6/30/00 None 2. IRA (Wife) $ 1,581 9/30/00 None 3. 1996 Dodge Grand Caravan SE $11,500 9/00 None 4. 1994 Oldsmobile Bravado $ 8,000 9/00 None Liens & Encumbrances None None $13,808 as of 11/3/00 and $923.97 in costs associated with preparation for sale approximately $9,600 as of 9/00 I EXHIBIT "B" LIST OF EXHIBITS TO BE INTRODUCED AT TRIAL 1. Waypoint Bank loan statement dated December 31, 2000 indicating a balance on the mortgage for Plaintiff's real estate in the amount of $78,043.33 as of date of separation. 2. PNC Bank real estate settlement statement dated July 9, 1999 setting forth payoff of Husband and Wife's pre-marital debts and marital debts. 3. Discover card account summary statement dated June 27, 2000 indicating a balance of $11,427.38. 4. First USA bank statement dated May 20, 1999 indicating a balance of $4,750.68 on Wife's credit card account when it was closed. 5. MBNA credit card account statement dated October 18, 2000 indicating a balance of $7,394.59. 6. Copy of cancelled check dated January 25, 2001 indicating a payoff of $6,220.45 to HRS USA. 7. Copy of cancelled check dated January 25, 2001 indicating a payoff to PNC Bank in the amount of $9,616.34. 8. Copy of cancelled check dated January 25, 2001 indicating a payoff to Associates Capitol Bank in the amount of $1,093.66. 9. Putnam Investments account statement dated June 30, 2000 for Kristine M. Ciochetto indicating a value of $921.24. 10. Putnaw Investments account statement dated September 30, 2000 for Kristine M. Ciochetto indicating a value of $1,581.51 11. Real estate settlement statement dated September 2, 1998 relative to purchase of Robert Ciochetto's real estate prior to marriage. 12. Bridge Street Texaco bill dated November 14, 2000, in the amount of $111.45 for repairs to Dodge Grand Caravan in preparation for sale. 13. Leahy's Auto Collision Repair dated October 23, 2000, in the amount of $662.56 for repairs to Dodge Grand Caravan in preparation for sale. 14. Bill for "Last Minute Detailing" dated November 9, 2000 in the amount of $150 for detailing in preparation for sale of Dodge Grand Caravan. e 15. Notice of Financial Determination dated May 14, 2004, indicating Robert F. Ciochetto's weekly unemployment rate in the amount of $433 a week. 16. Copy of Robert F. Ciochetto's 2003 Federal Income Tax Return. ?'. Waypint P.D. Flex 17o, Harrisburg, PFnnsylvanin 17105,1711 pint K To11 Free. 1-8GG-VAYPOINT (1-866-929-7646) • www.waypointhank.com L 0 A N S T A T E M E N T WAYHOINT BANK LOAN NUMBER INTEREST RATE ORIGINAL Amumr 0050090974 5.625 80,700.00 PAGE 2 STATEMENT DA'T'E 12;31/00 ROSENT P CIOCHETTO SSN 186-46-3664 6 9RE DR PROPERTY ADDRESS- CAMP HILL PA 17011-7941 6 WOODME$8 RD CAMP HILL, PA 17010 ----LOAN 'ACTIVITY ----- ,,TRRW$= TR".... _... _T TYPE DATE AMOUNT PRINCIPAL INTEREST LATE .P_R.ZN=AL ESCROW CHARGE BALANCE PRT)9. PMT 9/14/00 25;46 25.46- 00. . .00 .00 78141.47 09/01/00Pff 9/14/00 60',54 98.14• 3.$141.41 2$4." .00 78043.33 INS. PMT 9/22/00 52:4'6 .00 .00 52;44 .00 78043.33 P.M.T. - DdOb175iL3!`.: pm. FM 10/05/00` 25.46 25.46- :00 .00 .00 78017.87 10/01/OOPm 10/05/00 „ 449.34; 98.72- 365_93. . 184',99; .00 77919.15 INS.PHT 10/11/00 52.46 .00 .00 52.44 .00 77919.15 P.M.I. MUMMY INS. PMT 11/07/OO 52.46 .00 000 5I44' .00 77919.15 P.M.L. - HONTHLy P=- FM 11/15/00 3.92 3.92- :00 ,60 .00 11/01/OOPHT 11/1S/Ot}::., 651.08 99.30- 355.25 186...$3 .00 INS.PHT 12/06/00 52.46 ,.00 .00 5,2 -Ag .00 P.M.I. - mown .Y PRIN. PHT 12/14/00' 23.92 23.92- 00 .00 .00 12/01/00P1MT 12/14/01Q, 651.09 99.79. 364.76 l" .153 .00 Emma PR NCIP" SUANCE nnwEgT P AM YEAR TO DATE 4,414,05 PRIM AM TNT PAYMM :4".55 ESCROW BALANCE ESCROW PAYMENT 1SC 53 PL738 DEPOSITS . TOTAL PAYMENT 651,08 TARES DISBURSED INSURANCE nISBURSEb MISCELLANEOUS DISBURSED ENDING ESCROW BALANCE 77915.23 77815.93 77815.93 77792.01 77692,12 77,692,22 902.81 2,222.96 1,398.40 875.52 .00 -851.85 Real :state, Settlemen, statement PNCBANK ' U.S. Deparlmart of ilousing and Urban Ueveinpment HUD - 7A Settlement Statement r , Neme and Address of Borrower L ROBERT P CIOCHETTO oan Number 6 W006HERE DR S CAMP HILL, PA 17011 ettlement Date July 9, 1999 Progeny Location lit different from above) 6 NOWHERE DR CAMP HILL, PA 17011 ems Add... of Lead., PNC Bank, National Association. 331 BRIDGE STREET NEW CUMBERLAND PA 17070 L. SETTLEMENT CHARGES M. 61SSURSEMENT TO OTHERS Boo. It.- Is ...his in Conn.ollon w th L... 1 501. 1ST CARD 15 f f $200 00 801 L.anorlgmanon fee % o . . 1 502. CHASE S C p' p $150,00 1 503. pia 127ruRE 803. Appraisal tae to , AMERICAN GEN 1 S- PGViA,- $1400.00 1 1 504. Vnn - Y 5 PNC BANK T Nni?6W A $2400 00 604. credit report to (M 7 . 505. MONEY BY MAIL UEvDjA,6- ' G $1000,00 809, Application Fee ISM. S r fj2dnl CdlM"fy SAMS CLUB e %h GRX r w kf 5 1 $1450.00 B10. Flood report 1. 150h PRUDENTIAL 5 [ '7' $3400.00 1508. - sea. hems Required By Lender to be Paid in Ade enact 1509. 903. Parent Inure... pram am or yeare to 1510. 904. Flood Ineuranpa premium for y..Mlo 11. 1612. 905. 1000. Rassrves Deposited with Lender 1513. 1006. na.ritle se Par Month 1614. 1 s00. 111M CberOss 1515, 1102. Abelnct ar Sri. urnehi to 00 $75 1520. TOTAL DISBURSED tester as Be. 10051 10000, 00 SAC . . 1103. Title exeminalion 10 - 1105.DOeumentpmperelion to PNC BANK $75:00 1100. otery eee to - 1106. Tine Insurance to Iindudes above Item numbers 1 1;00. Govsmmsnl Nanterre., sml6amNr Chse ss ' 1201. Recording lees: deed t 1 mortgegef aeleeceaS - 1202. CltykovMy rexAtemps: dead f . mortgage f N, NET SETTLEMENT 1203. Slate tas/stemps: deed $ 1 - 1686. Maid AM 60M -:... - f - mortgage t 1300. Maintained Earnestness Charges 1601. PLUS G!h/Chbok horn Sonnet, f 13M other rl1.9 eea 1602. MINUS Total Sanhmant Charges (line 1400) f 1304. 1604. MINUS Total 131e1oaf6amenla To 0lheie f t305. - ginb 1520) _ - 1604, EQUALS MebaiAiMenl la Bonn.., (after f 1400. Total Sshiemb t Change. tartar on Ilns 150;1 expirellon of bny epplinble rbabalo. baled fegWr ad by law). FONMim20 WhiteCopy - pink copy, SORhOWEN 1 in h - 6 Closing Date: June 27, 2000 Pagel of 2 Cashback BonusA Rward this period to date ash qualified purchases $63.53 $23825 B0111IS® Cashback Bonus award earned $0.16 $0.60 n Cashback Bonus anniversary date: August 27 fclx Only two months before your anniversary --use your Discover Platinum to earn a higher Cashbook Bonus(R) award. Discover Platinum Card Account Summary accountnumber payment due date minimum payment due credit limit credit available cash credit limit cash credit available 6011 0026 7063 5598 July 24, 2000 $196.00 $12,000 $572 $6,000.00 $572.00 previous balance $11,471.17 payments and credits - 250.00 purchases + 63.53 cash advances + 0.00 balance transfers + 0.00 FINANCE CHARGES + 142.68 newbalance = $11,427.38 You may be able to avoid Periodic Finance Charges, see the reverse side for details. Transactions Payments and Credits Merchandise/Retail Supermarkets current billing period: 31 days Jun22 PAYMENT-THANK YOU Jun 17 KOHLS 337 MECHANICSBURGPA $ -250.00 49.48 Jun 20 WEIS MARKET 1158 SHD MECHANICSBURGPA 14.05 Transaction Average Daily ANNUAL Periodic Fee Daily Periodic PERCENTAGE FINANCE FINANCE Rafe Balances Rates RATES CHARGES CHARGES Plan Purchases $11099.03 0.04107/. 14.99% $141.32 none variable Cash Advances $0 0;05477/ 19.99% $0 $0 fixed Balance Transfers $413.80 0.01068% 3.90% $1.36 none fixed Questions? Call 1-800-DISCOVER (1-800-347-2683). For TDD (Telecommunication Devicefor the Deal) assistance, see reverse side. Send billing error notice lo: Discover Platinum; P.O. Box 15192; Wilmington, DE 19886-1020. FIRST USA BANK, N.A. 'P.O. BOX 8650 WILMINGTON. DE 19899-8650 (800) 955-9900 VISIT US ONLINE AT WWW.FIRSTUSA.COM KRISTINA M CIOCHETTO 6 WOODMERE CAMP HILL PA 17011-7941 RE: Account No: 4417 1286 5150 0488 - - -Iisal° r?rzbzina?vr-Uiocherc,?.-_ - FIRST A May 20, 1999 As you requested, we have closed your credit card account noted above. The account has a balance of $4,750.68. You may continue to make your normal monthly payments, or pay the full balance at this time. If you have not already done so, please destroy all the cards and convenience checks for this account. Also, please be sure to contact any merchants that you have authorized to make automatic charges -- such as for insurance, memberships, or ongoing services. You will need to cancel those charges or make other payment arrangements. We have appreciated serving your credit card needs, and sincerely regret your decision to close your account. If you would like to have your account opened again, please call us. After three months, it will be necessary to complete a new application. Sincerely, fa rmooSO~ Financial Service Advisor Firm USA B,uk. N.A. Member FDIC `r60 y. 4Li11 iZCL Ynnn te.n •.?s?? r.• PLATINUM PLUS"m www.mbnanetaccess.com CARDHOLDER SINCE Mekscheck 2000 payable m: MBNA AMERICA P.O. BOX 15137 WILMINGTON, DE 19886-5137 Foraccountinformation call 1-800-789-6685 Pmrt change of address or new telephone number below ACCOUNTNUMSER 5490 9943 9635 3138 PAYMENT DUE DATE NEW hALANCE TOTAL 10/18/00 $7,394.59 TOTAL MINIMUM PAYMENT DUE AMOUNT ENCLOSED $137.00 DETACH TOP PORTION AND RETURN WITH PAYMENT ROBERT F CIOCHETTO 305 BRIDGE ST NEW CUMBERLND PA 17070-215599 City State Zlp ( 1 16 00739459000137000005490994396353138 Home phone Work phone Days in Account Minicar Credit Line Cash or Credit Available ei/h v; Cm. Closing Data TObd Minimum Pe Due Paymanl Due Dere 5490 9943 9635 3138 $7.500.00 $105.41 3.2 os/1s/oo $137 .00 0/19/00 Palling t D Transaction T t Reference Card Category Transactions" SEPTEMBER 2000 STATEMENT' Charges Credits(CR a e a e Number Type PURCHASES AND ADJUSTMENTS - 09/"t9 09/17 5421 MC. C HESS.-a 38419 LEMOYNE PA 27. 00 09/19 _09/19 .0000 MC C LATE CHARGE FOR PMT DUE 09/18 29 .00 TOTAL FOR BILLING CYCLE FROM 08/19/2000 THROUGH 09/19/2000 $1,552. 80 $0.00 A REMINDERS IF YOU MISS THE PAYMENT DUE - DATE, YOU WILL LOSE THE PROMOTIONAL RATE ON CATEGORY A. AS A COURTESY " " WE DID" NOT CHANGE IT THIS TIME. , - UUK KCUUKU? JMUW'-rUUK AUUUUIVI 1] YH>I UUC IMPORTANT NEWS SUMMARY OF TRANSACTIONS - TOTAL MINIMUM PAYMENT DUE Previous Balance ' (-)Payments (+) Cash (+) Purchases and (+) Periodic Rate (+) Transaction Fee (=) New Balance $45 00 .'`and Credits Advances Adjustments FINANCE CHARGES FINANCE CHARGES Total . Past Ous Amount ....... Current Payment .................. $92.00 $5,811.09, $0.00 " $600-00- $934-80 $30.70 $18.00 $7,394.59 Total Minimum Payment .:_.:. Due ...................................... $137.00 Category Periodic Rate Cash Advances A. BALANCE TRANSFERS, CHECKS.0.007945% OILY B. ATM, BANK -- . . ............0.035589% OILY C. PURCHASES ......................0.035589% DLY FOR THIS BILLING PERIOD= - ANNUAL PERCENTAGE RATE ................... 12.99% Qncludes Periodic Rats ant Transaction Rea Finance Charges) PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATIOI Corresponding Balance FOR YOUR SATISFACTION, EVERY HOUR, EVERYDAY Annual Subjectto For Customer Satisfaction and up to the minute automated information including, Percentage Pete Finance Charge balance. available credit, payments received, payments due, due date.py?aymenl address information, or to request duplicate statements, call 1=800-799-668fi. 2.90% $5,367.39 Far TDD elecommunicatim Deviwfor the Dead assistance, 12.99% $582.37 cal i-80 46-3178. • Mal Payments to: MBNA AMERICA, P.O. BOX 15137, WILMINGTON, DE 12.99% $915.68. 19886,5137. • BI g rights are preserved only by written inquiry. Mail billing inquiries, using form w the back, and other inquiries to: EXHIBIT 19850-5026 AMERICA P 0 BOX 15026,y(J?_MINGTON„? .- a !(? (( 3079 522 3DM 0611 1303 00 13 9635 3138 PAGE 2 OF 2 I or I `I I ROBERT CIOCHETT0 6 WOODMFRE BR. _ CAMP Hilt, PA 17071 DATE/?^`} ?A> RFItIE } ?S U-Si?l I fs 0 -r-1 rIF16tl ?r91AUtRTrP4r[PRIRC'4PfV ho.[aclsrfe4fAle.V ,/J m?/77,47- -OLf- 1W -399. f Y? I 1: 2.1158 E55.51: CIOO??Gli? L Lnt 034 ,180000 6 2 20t, 5," Ind=IXO: VoIID:-349978402 VolO ate:36924.3746759Z59 UDI:Ox01D000OOZOdb7a3a5660000022380000 - 'F1eN2me:O0W000M1.TiF - Talfset.58 81 T4160 1 i. ^ ??, n a 'n t i y ri a.if r 4 1i? ? LL L r r,.rw.rR 1 ? R ?LL s .?`'asV..4r 5Y1. ry.y yOl 1_.s ti.` ?? J IaTlrl?l + gyq *S 1N?.1 ^_1 ? G _ ?A ?{{f I 7r I- ? i r? ii'J V F L L! Z L 'TLTL . r? VoIID:-349978402 VatDate:36924.3746759259 UDI:Ox0100000020db7a3a566000002a360000 'PIIeName:00000001.TIF 'Fafet:588114160 - OTO/9ooz 0 6> 6. CFC CAR tTI to 0r-on +nn +.n• Fb y 0 F ROBERT CfOCHETTO ';_ 1027 OFL s woooMERs CAMP H1LL, AA 17011 0a426arasta DA= eNaiKJ1 1 MR G % r s 9614e;47 t?10103 tab 70100M LR?_972?Pa]aLSt' -r?uaenrcuear? rda+.+.wrwnra Tniz dt3 yas-7yG t:21j382555i; OOC]O?GPI?L i?27 11`00c096.G34?1' ' Index:OtO V0110:449724213 '01Da1e:36921.524837963'. UDIOx010000003bee763a824b0000dO2a0000 'ReName:0000000T.TIF 'Foffset:532813232 'Raffeet:532825007 l e ?` 'rl r ri J ' , . ' Baru. In I ? l , Z;r a '•_ 1 ID 3r w I ? ? • F c u ?U ' .t .3 r r FT' °^ r S may` C. 4 i ? ? ?r3 V S O?Oa9.J9 6 A V (ii s "?? n ? e a n o a^• • ? ? n? I { ¢qi r?r a s_ 0 1 L, '1 a- "n?e `n o ? y r5 . i. a• .i J ur y?'FJntjla <o 'r•T ' ifL3.]. ?'?t',.??, ?,?.'.arS< ?? i T rtx?o- ?n (c' ti o o µ c , _. , '. 2 .a° h no - :. r.. ? 1 ozv II Index:IXO VOIID:-349724213 VoiCate:36921.524837963 U01:041 0000003bee763a824b0000d02a0000 'ReName'.W000001:71F - 'Fotiseb532813232 EXHIBIT "RoNsek532828002 fr?I 7 . OTOiZ000Ttj - OC4C S96 LTL YVd LC=An 7nn7i7T?an k ROBERT CIOCHETTO- {,.rL l 1033 8 WOOCUESE OFR CAMP HILL, PA 17611 90 &7R'L1W DATE e;? -5 MAOIC21 Y .7S r J1115 4100 28 4L63 412,3 mwcuk9wuom FErHNLcFjwrr 11yR1l. 7vcomwbo MOt110 1: 23laga5i55s: 000076.97lie 1033 000001OR366rl' IndexJX0 VoIID:350583943 VolDa m:3693 (.5265509259 UDI:OY01000000ec32SQ07aI 60000ec760000 'PleName:00000001.TIF 'Foff5et463962280 1?? C R n n a a ? e ?1 cr k a E ==I.=11;? i qq tt + t_! 2.45=LLt :4 ` I . ?. m'u II?t v1 ?l ri a ? n pq yl? 7 , all t a. l.?•O n? u j pC ,mo V ?n 3JO OO .01 7ndex:IXO . VcIID:-a50583943 ValData:3683t.5265609259 UOI:OxOt000000ec32843a7 'MeName:00000001,TIF - 'Foffset-463962260 OTRl844f?j. P7 :4 0310-0004-0 , 't CZ-09-01 1r0??a. t1u1y -, _j 57%72aD2Z0.15f f WXf 02 -5581718a811QMV a L1 ?r ?i r ff cV ?- LVC 386 LTL Xd3 8C:80 Z009/ZT/90 Year-to-Date Statement I j, E T ?? E i January 1, 2000 -June 30, 2000 P"'n" NAM KRISTINA M CIOCHETTO Client number. 0446682168 6 WOODMERE DR Investment firm: Total value of CAMP HILL PA 17011-7941 ESSEX NATIONAL SECURITIES INC ;) ourportfol.io . Representative: as" Of 6130(2000 HOUSE ACCOUNT _.., ............... Representative phone number. $gri Z4 For Putnam assistance: 1-800-225-1581 www.putnaminv.com If taking a distribution from your retirement plan, be sure to include federal tax withholding instructions or 10% will be withheld. If you elect not to withhold, you may be liable forestitnated tax payments. You may revoke your election not to withhold at anytime. Traditional IRA Beginning`halance -: AddiCions `v>Edf:hdrawals. slGhange tmxalue;: x Tota4aalue•''* Fund name, -,. (as of 1/V2000) - Yearvto-date Year-to-date . "Year to-date (as o4/3012000) Putnam Growth &'Income Cl-A - - I -$430.961 -- '°$0.00` '-$0.00 -$243T? -.-$92L24•. Total year to date $950.96 $0.00 $0.00 .$29.72 $921.24 i Total for the quarter $934.19 $0.00 $0.00 .$12.95 - $921.24 (April I -June 30) IRA contributions for tax year 1999 $0.00 I IRA contributions for tax year 2000 $0.00 Allocation by Putnam fund 100% Growth & Income Allocation by investment category ® 100% Growth and Income 0% Growth 0 0% Income 11 qW 0% Tax Advantaged 7 0% International and Global 1-1 0% Asset Allocation PAGE I OF 2 Jqi K16i n : _ __ I'll ._. I Year i 200 Date be 30,2000 ent I N V E S T M E N T S I Putnam Voyager Fund C1 -A 4q.ccuntnumberA07-3 I *49=5326 BB-C x Account open date: 01/17/1999 KRISTlNA M CIOCHETTO IRA PLAN Acx0untactw: 01/012000 Be¢innine Balance History of your investment in this fund Initial amount f Additional - Withdrawals invested on 01/19/1999 investments $1,065.42 $0.00 $0.00 Capital gains and dividends distributed in cash since initial investment Year to date distributions Dividends (reinvest) $ 0.00 Capital gains (reinvest) $ 0.00 30.96 Net amount + invested $1,065.42 $0.00 52.368 Change Total value ofyour in value account on 9/302000 $516.09 $1,581.51 ((61) - 10. PAGE 20F2 0^55996' CALNI)fI WIN F., 11, r,1., A. U.C. UEPAflTM OF HOUSING ANp URBAN DEVELOPMENT 1 1'mni A Im'[J VM1I II Nu. EY)i piM1S B. • "M or LOAN R 1. _NIA E._PAIuA 1. CON V. UNINB. 4. VA 5. X CONV, INS. - obert E. Myers, Esquire 6. File Namb. 27768 Nmllher Trap SETTLEMENT STATEMENT N. Mnnpapc Inc Cv¢ Na. C. NOTE: This fall, i,l frrnlished to Rive purr n #niernem of nrnrnl smll....... arsl.. A,,N.,A, pniA, mat by the sent ...eat ngau are shmrn. lternx r,.,ked "(P.O.Q 'verepaid omsiAe rhr rlxriag: Orrv are .Aran', h.,je, lnfarr 1r',,.l prrrpnseA anri nre nm indnrlal iu the rnmLl. F -- D. NAME AND ADDRESS OF BORROWER: RO ert T CIOC et O I 5016 Wynnewood Rd., Harrisburg PA 17109 E. NAME, ADDI ESS AND TIN OF SELLER: Howard J. Lindsay 247 Mango St., Brandenton Florida 34207 F. NAME AND ADDRESS OF LENDER: HARRIS SAVINGS RANK Second and Pine Streets Harrisburg, PA 11101 G. PROPERTY LOCATION: 6 WOodlnere brive Camp Hill PA 17011 ? Property or Sem..e Fl.e d H. SETTLEMENT AGENT: Robert E. Myers, Esquire PLACE OF SETTLEMENT'. 100 old York Road New Cumberland, PA 17070 1. SEITLENIE14T DATE: 09-02-93 1..,, - y SUMMARY;,OF BORROiY):R'5".TRANSACTION K., ; SUMMARY OP SELLER'S TRANSACTION 100. GROSS AMOUNT DUr FROM BORROWER: 400. GROSS AMOUNI" DUE 70 SrILER; lol,Carrtmet sales price 85,0 .0 401. Cmdmet sines price J L02. Persm.a( Nei eay 402. Rmawal properly - - 103. Settlement charges to borrower(Ift, 4113. 104, 401. 105. 405. Adjnslnrenrs for ileav paid b)'sefter ill adtar¢e - AAjaarnents frrr item, pniA by sago- h, adranre 106. Ckymmn maes 09-02-98..07-01-99 82F9 5 4(g6. Cipola,- maes 09-0 -98 m 7-0 - .95 107. Campy taxes 9-02- 98 w 01-01-99 2 7 407. caoaly m.t. 09980101-99 -0 - 10 - 7 log. nsa..lnem. m 408. Aaennieno m log. Sewer/ 2 to 0 8 409. ewer 9 0 7.38 110. Trash, 9/2 to 9/30 410. Tras , 9/2 to 9/30 u1. 411. I 2. 412, 113. 114. 414, 115. 415. 06. 416. 120. GROSS AMOUNT DUE FROM BORROWER 89,0 l0 420. GROSS AA(OBA7 OUR TO SELLtk 85,979,12 $„, 2gB;ygMOf/NIS`Qalbe))/OR IN BEHALF OF BORROWER:" 500. REbucriahS INAMOUAb' bUE•TOSEILERr's,„ 201. Uep00 O, ealTest .alley , NN 0 501. tare.. depa.1low h o,1111olls) 1,000.00 202. Pdgeipal amount of new loan(s) 80.00 , 700 5112. Shclenkm tbaigcs td seller(/ine .1400) 203. Existing loan(s) laken s.Weel 1l, 503. Existing 6 ..D) taken s..bket fo 204. Sim. Pgyarf ar Igo atengngu imn 205. 505. IlayaH of se.,hd ...engage Ima 206. 506. 10C 507. 208. 508. 209. 509. Adjus.leau for i.nls unpaid by seller Adjamnents j b, ireuv .,.Mid by seller 210. City/town nixes to 510. C'ily/IVWI. Ines 10 211. Courtly lases I0 511. County Idles to 212. Assessments la 512. Assessments In 213. 51 214. 514. 215. 315, 216. 516. 217. 517, 218. 518. 219. Sig. TOTAL PAID 1T7FOR 220. BORROHNFR 81,700.00 707AL REUUCHON /IMOUAT 520. DUE SrLLE-R 3,530.88 100. CAS12' Ar sRri1L'AIOT FRokiffo BORROWER - 600.. CASU AT SETTLEMEW 2'01FROM SELLEH 301. Gres amOVlll J.e Ire.. W,,.WerRllle 22H) ,? J. OT 6OL Li r11SS pll lll.llll IIIIC tl) $cII CIRIIIe d2H) - , 7 302. Less pmaunB paid by/for borrower/line 220) , 7 ,00 frt12. Les. rcdnclions in .nmm? Jne .dler(/irm 520) 303. 5ASU ( X FROM) ( TO) BORROWER 7,395.01 03. CASII ( X ro) ( FROM) SELLER 82,448.24 cnr.rm.nrmin is afs loom - 4 I SETTLEMENT' CIIARGS nw 700.: TOTAL SALES/BROKER'S COMMISSION: BASEV ON PRICE PAID FROM PAID FROM Division of Commission (line 7W) as follows: 701 $ h, 701 $ In - BORROWER'S FUNDS AT SErrLuMEN"r SELLER'S FUNDS AT SEITLEMENT 703. Conmdssmn paid al Seldemenl 704. 800. HENS PAYABLE IN CONNECTION 1VITII LOAN 801. Lean Origination Pee % 802. Loan D{semt % 803. Appraisal Pee to 804. Credit Report to 805. Uruler'4 lospeetion Fee In - 806. Mongage Insurance Application Fee to 807. Assuntmian Fee Io Son. Application Fee to 14ARR1S SAVINGS BANK 3600 ROG) 809. Unclerwritln Tee to HARRIS SAVINGS BANK 125.00 81o. FlooO certification to HARRIS SAVINGS BANK 26.00 s11. Document re arat3on to HARRIS SAVINGS BANK 125.00 812. 813. 814. 900. ITEMS, REQUIRED BY LENDER 70 BE PAID IN ADVANCE 901. Interest from 09-02-98m 10-01-98® $12.61 /day (29 -days) 365.69 902. Mod,,. Insurance Premium for hon lba to 903. Dazafd Insurance Prmnimn for 1 year to ST YEAR 904. 905. .,, .IWD=kRVES.,DEPDSIIL•D , IYITN LENDER. [WI. Hazard Insurarrce 3 monks ®$ 20,25 Per month 60.75 IW2. Monga a Insvmlrce mbnl.s ® E per month I003. City propeny Isses months @ $ pe, Inmdh 1004. County pmpeny nixes 7 monhs ® $ 32.65 per mund! 228.55 I005. Annual assessments months ® $ per mund. IOW. mOn111s 0 $ per mint. lam. SCHO L TAX 3 mombs ra S 83,49 per nnnnll 250.47 IWa. A re ate Account nd usrmod, 110.68 1101. Somlemeln or closing fee to 1102. Abstract or title seam. to 1103. Title esood,ndon to - 1104. Title insurance binder In 1105. Document pmpamtinn to 1106. Nolafy fee to CASH 8.00 4,00 1101. Allomev's fee 10 fnc.,deT abc oe items numbers; J 1108. Title imurahce to ROBERT E. MYERSd ES , - 738.75 CnAudes above items nunlbr"; ) 1109. Lender's coverage $ 80!700.00 1110. Owner's cavemge 738475 $ 85,000M 1111. 111z. TIT E INSURANCE ENDORSEMENTS to ROBERT E. MYERS; ES Q. 150.00 1113. GV _ lam! BECGRUIN`G AND TivINSfER. Cf1.:RGES ... . ,,.. I. ' ?' 1201, Reconling fees: Deed $ 25.50 : Mortgage $ 31.50 : RRlease $ 57.00 1202. City/coty Unefslamps: Deed S 850.00 : Morgage $. 850:00 1203. State taa/stumps Deed $ 850,00 : Morgage $ 850.00 1204. AIIA DIT" .O,,,fSETitCMENT CHARGES oo tax to Mar A nn Prior tax co actor 1 001.86 n servIc fee to Ro Art E.-M ers Es ulr 20.00 W Fees to Ro ert E, M ers Es ulre2 675.00 1308. 1400. TOTAL S=-NEW CIMRGFS R, er on line.; IN, Srrtiml J mid 501. Secfiml R) - 3,115.89 2 530.88 Mre orefvlly hvlemM rFe Iluo! Seldemenl SLIeArnI nod. f IM kn d lily AmMpAae aM .tier. II o n urk C,er at ?¢ flal<menl ^I all l . aM dinnlgemenle made m un ^<uvm rr xy me I^ rah OVYf:R I nNn0. turd rldell1 N. nreryred It A,- !ml ae[I^plf P[e.d of,t, Stets at,6 knr, o'n,eA i.M Mv! ken Or wI11M1e dlfkurre! by lt. uMerely^eE b Mn N WARNIN e: a 116 a <nme la Nie+ingry meA! Ie6C IM1ttmenl Irl IIM llnllcl mo,i M tan M nny qNr o.o, Stem. Rlalllcl Lim ......m oX Irtlu,le ! aN end ImMhmmenl. Fn Mall. .e: V&le U.S.e a, S w, IWI qJ s ol- Silo. BRIDGE STREET TEXACO ;I? Bridge and Carol Streets • New Cumberland, Pa. 17070 TEXACO Phone 717-774-6551 DATE ?, ?;? ? i?.JC. iLI ?E?l. ?.trrt {. ?.f ?.v?-t. 1r??mil C _ 4; Y - l Fe N' r-C??t ! S + c t = , f l a ; ! ,, ;? `te iP t4l-' G' ri' ^r `j t (?J C EXHIBIT e ?. .gym w i - Date: Estimate ID: Estimate Version: Preliminary Profile 10: LEAHY'S AUTO COLLISION REPAIR, INC 1051 Columbus Avenue Lemoyne, PA 17043 (717) 730-9649 Fax: (717) 975-8048 Damage Assessed By: 142547 FRANK SCHAFFER Deductible: UNKNOWN Owner ROBERT CIOCHETTO Address: 6 WOODMERE DRIVE CAMP HILL, PA 17011 Mitchell Service: 913528 Description: 1996 Dodge GrandCaravan SE Body Style: Van 119" WB VIN: 184GP44RSTS472886 10123100 02:01 PM 2674 0 Mitchell Line Entry Labor Line Rem PartType/ Item Number Type Operation Description Part Number 1 301804 BOY REPAIR UFTGATE SHELL Existing 2 AUTO REF REFINISH LIFTGATE 3 320028 BOY REMOVERNSTALL UFTGATE HANDLE Existing 4 30187A BOY REMOVER2EPI ACE R UFTGATE ADHESIVE NAMEPLATE HS32SA1 5 301836 BOY REMOVEtREPLACE L UFTGATE ADHESIVE NAMEPLATE HS30SA1 6 900500 BDY * REMOVEIREPLACE COVER CAR FOR OVERSPRAY Sublet T 900500 REF' REFINISHIREPAIR CLEAN FOR DELIVERY Existing 8 AUTO REF AWL OPR CLEAR COAT 9 AUTO ADUL COST PAINr1MATERIALS 10 AUTO ADUL COST SHOP MATERIALS x - Judgement Item # - Labor Note Applies C -- Included in Clear Coat Calc Atld1 Labor Sublet 1. Labor Subtotals Units Rate Amount Amount Totals 11, Part Replacement Summary Body 9A 36,00 0.00 0.00 33&40 T Taxable Parts Refinish 4.1 36.00 0.00 0.00 147.60 T Sales Tax @ Taxable Labor 486.00 Total Replacement Parts Amount Labor Tax 6.000% 29.16 Labor Summary 115 515.16 Ill, Additional Costs Amount IV. Adjustments Taxable Costs 105.80 Customer Responsibility Sales Tax 6.000% 6.35 Total Additional Costs - 112.15 ESTIMATE RECALL NUMBER: 1012310014:01:03 2674 UhraMate is a Trademark of Mitchell International Mitchell Data Version: OCT_00 A Copyright (C)19%- 2000 Mitchell Intemational UltraMate Version: 4.6.004 All Rights Reserved Drive Train: 3.3L Inj 6 Cy12WO Dollar Labor Amount Units 8.0* C 22 0.r# 15.25 0.2 15.00 0.2 3.00 * 0,3* 1.0* 0.9 73.80 * 32.00 Amount 33.25 6.000% 2.00 36.26 Amount 0.00 Page 1 of 2 (( ? f? Date: Estimate ID: Estimate Version: Preliminary Profile ID: 10123roo 02:01 PM 2674 0 Mitcfell 1. Total Labor. It. Total Replacement Parts: Ill. Total Additional Costs: Gross Total: IV. Total Adjustments: Net Total: This Is a preliminary estimate. Additional changes to the estimate alatf be rettuired for the actual repair. ***** Special Note: We do not warrant any rust repairs ***** ************* Parts Price are Subject to Invoice ************* AUTHORIZED AND ACCEPTED: You are hereby authorized to make the above specified repairs. I understand that payment in full will be due upon release of vehicle, including any additional supplement damage charges, and hereby grant you and/or your employees, permission to operate the vehicle herein described on streets, highways, or elsewhere for the purpose of testing and/or inspection. An express mechanic's lean is hereby acknowledged on the above vehicle to secure the amount of repairs thereto. You will not be held responsible for loss or damage to the vehicle or articles left in the veh1le in case of fire, theft, accident or any other cause beyond your control. OLD PARTS REMOVED FROM VEHICLE WILL BE DISCARDED UNLESS OTHERWISE INSTRUCATED. Authorized by. Date: $15.16 35.25 112.15 662.56 ?AO- ESTIMATE RECALL NUMBER: 10!23!0014:01:03 2674 unraMate is a trademark of Mitchell International Mitchell Data Version: OCT OO A Copyright (C) 1994 - 2660 Mitchell International Page 2 of 2 UltraMate Version: 4.6.064 AO Rights Reserved x,y.?t b '. u'4.yrlP x >y ??. iu 4Sd q. I ?c'? )dA +f 4 A? !5_ y 3N Fit{ 4 ??F{ LAST MINUTE DETAILING Bob C ochetto : PIS`.- TTY' DELIVERY AFFORDABLE PRICES SERVING EAST WEST S HO S C, 1-$88-774-7330 (717) 774-3270 BRANDONPANKAKE: OWNER EXHIBIT 14. LANCASTER UC SERVICE CENTER DATE MAILED 60 W. WALNUT STREET --.,- COMMONWEALTH OF PENNSYLVANIA MAY 14, 2004 LANCASTER PA 17603-3015 DEPARTMENT LABOR AND INDUSTRY BUREAU OF UC BE ENEFITS AND ALLOWANCES PHONE NO.: 717-299-7711 FAX NO.: 717-299-7557 NOTICE OF FINANCIAL DETERMINATION THIS FINANCIAL DETERMINATION ALONE DOES NOT ENTITLE YOU TO BENEFITS. A REVIEW OF YOUR EMPLOYMENT HISTORY AND PRESENT STATUS MUST ALSO BE MADE TO DETERMINE WHETHER YOU MEET ALL OF THE ELIGIBILITY REQUIREMENTS SPECIFIED IN THE LAW. S O C.SEC.ACCT. N0. 188-46-3684 ROBERT F. CIOCHETTO 6 WOODMERE DRIVE CAMP HILL PA 17011. Dear MR. CIOCHETTO: AB 05/09/04 UC CODE 1 MAX.WKs.26 FED 174 WBR 433A MBA11258 NO.DEP. 2-NS WDA 8 MDA 208 SX-1 OFFICE NO. 0996 You recently filed an application for unemployment compensation benefits with the Bureau of UC Benefits and Allowances. This financial determination notifies you that you are -financially eligible for benefits. Your financial eligibility is based on the wages you were paid and the credit weeks you earned during your base year (the first four of the last five completed calendar quarters prior to filing your claim) which is from JAN 01, 2003 to DEC 31, 2003. Our records show that during your base year, wages were reported by the following employer(s): l E ( ) Employer(s) Acct. Plant Breakdown of Base-Year Wages by Quarter Total Wages Credit oyer s mp Number No. 1-03 2-03 3-03 4-03 Paid Weeks COAKLEY'S UNITED RES 21-13560 22-21503 9,230 0 10,769 0 9,230 0 8,615 1,314 37,846 1,314 Totals 9,230 10,769 9,230 9,930 39,160 51 Your weekly benefit rate (WBR) is determined to be 433 based on a comparison of your highest quarter wages and your total base-year wages to the -table for ,Rate an Amount of Benefits". Your highest quarter (rounded to the nearest dollar) was the 2ND quarter of 2003 when you were paid wages of $10,769. Your total base-year wages were $39,160. Your benefit year provides you with a 52-week period beginning with the date of your application for unem- ployment compensation benefits. During this period, you may be entitled to benefits for those weeks when you are unemployed and meet the eligibility requirements of the Pennsylvania Unemployment Compensation (UC) Law. Your benefit year begins MAY 09, 2004 and ends MAY 07, 2005, The maximum number of. full. weeks of. benefits you may be eligible toreceive is determined by the number of credit weeks you had in your base year. Since you had 51 credit weeks, you qualify for 26 weeks of full benefits during your benefit year. Your maximum benefit entitlement during the benefit year is determined by multiplying your weekly benefit rate by the maximum number of full weeks available to you. Your maximum benefit entitlement is $11.258. If your work hours are reduced due to lack of work, you may qualify for partial benefits. The Partial Benefit Credit (PBC) on your application is $174. During a claim week, if you earn more than your PBC but less than $607 you may qualify for partial benefits. YOU ARE REQUIRED TO REPORT ALL GROSS EARNINGS DURING ANY WEEK THAT YOU ARE FILING FOR BENEFITS REGARDLESS OF WHETHER THE AMOUNT IS ABOVE OR BELOW YOUR PARTIAL BENEFIT CREDIT. For further information about the PBC, see the reverse side. Also, you will receive an additional $ 8 deoendenYs allowance for each week claimed during your benefit year. This allowance is for 2 dependent(s). The maximum amount of deoendenYs allowance available to you during the benefit Year is $208. - If you disagree with this determination or if this determination is want to file an appeal, you have until JUN 01. 2004, which is y ?n and instructions, see the reverse side. you have the right v to appeal. For UC-44F REV 2-04 S CONTINU q f I5. +8' I? Mar 23 04 06:52a Robert Ciochetto ,1 ' ® 0 ItaPermeni or An Treas,.y-'nternal Rev as Servbe 2003 Fort et U.S. Individual Income Tax Return For the year Jan 1- Dec 31, M3, or other tat year beginning 2003. endr - Label Your first name MI :ast. one lsae,nehaoti°ne.> Robert Ciochetto its pint return, wusesfint name N LeSinama Use the IRS label. Otherwise, Home arkresa (number ono sv<an If you here ° P.O. bex, see instruchuns. please print ortype. 6 Woodmere Or Cry, town orp stmce.ifboo Imvenfompnaddmse, seeineavo6°nt. Presidential ICamp Hill Elecilon ` campaign I Note: Checking Yes' vnll not thanga your tat or ri jseemewcEOnt.) 00 you. Or vour ,nouae if filing a lolnt return. want Filing Status a angle 2 °Memed ?ilingfcirof(evar, llocy one had Income) Check only 3 marred `iliog separately. Enter spouses SSN above & fill one box. name here. 717-975-1861 ?(99) IRSUeeo„y.- 20 Aiertmen: no. p.4 6a E Yourself. It your parent (or someone else) can claim you as a dependent on his or Exemptions her tax return, do not check box Be ........... .............. . 186-46-3664 _ 4poua.S soda) svcuriy "mbar A Important] A You must enter your social security number(s) above. refund. You Spou this fund? F X1 F No F1 Yes 4 'S Head of household (with qualifying person). (See Instructions.) It the qualifying person is a child but not your dependent, enter this child's name here If more than five dependents, sae Instructions. 7 Wages, salaries, Ups, etc. Attach Form(s) W-2 ..... ...... . ..... . . . . . .. . 8a Taxable interest. Attach Scnedule S 9 required .... ... , , . , ... , . . b Tax-exempt interest Do not include on fine 8a - ... .... I S bI 9a Ordinary dividends. Attach Schedule B it required ... ................... . Id Qualm awa teeaimwl .. . ... I 8b? . . 10 Taxabe refunds (edits, m offsets of sale ana local income taxes (see a sauclors) ............ . 11 Alimony received ... ... ... ... . .. . .... . ... .. ... . . .. . .. .. . . 12 Business income or (loss). Attach Schedule C or C-EZ . .. . . . . . ... . .. . .. . 13a Capital gab or loss). At Solo 8regd. r nor regd, ck here , ... ... ... r bmma t9abrsoeo sorer . W5461aY5 WpW tal!ddtdaaa6 • 113bl L 14 Other gains or (losses). Attach Fomi 4797 . , .. , .. ... ................ . 15a IRA distributions .. , .... 15a I Is Taxable amount (ass Irate) , 16a Pensions and annuities ... 116a b Taxable amount (saw insts) 17 Rentalreal estate, royalties.. partnerships, 5 corporations, trusts, etc. Attach Schedule E .. . 1S Faml income or (loss). Attach Schedule F . ...... ............... . .. . . 19 Unemployment compensation ... ......... ................. . 20a Social securitytenents......I 20al I b Taxable amount(sas instrs) . 21 Otiler income Ha. of boxoe &ia?ea6Yi. 1 Na. or wmdra„ on ac wbx e Load wimyou . . 1 e dldraot- Iwo Wlal yPU due m dworee ar..Patckw (.aa imha) . oep..danm en ec not Snared above . 23 Educator expenses (see instructions) .... . ........ 23 Ad Iusted 24 IRA deduction (see instructions) ... . . ... . ... ..... 24 _ Gross 25 Student loan interest deduction (see instructions) ...... I 25 ncome 26 Tultion and fees deduction (see instructions) ... , ..... 26 27 Moving expenses. Attach Form 3803 .... . ... . .... 27 28 One-nag of self-employment tax. Attach Schedule SE . , .. , 20 29 Self-employed health insurance deduction lees liters) ..... 29 30 Self-employed SEP, SIMPLE, and qualified olans ....... 30 31 Penalty on early withdrawal of savings............ 31 32a Alimony paid b Recipiad's SSN..'W;6!-14-5326 326 2,830- - 33 Add lfries 23 through 32a ... ... . .. . . ... . ....... . . .. .. . .. ..... .. 33 2, 230. 34 Subtract line 33 from line 22. This is your adjusted gross incom e .. . . ..... ..... ? 34 36, 3647 EXHIBIT d 9 /6. Mar o-3 04 06:52a Robert Ciochetto 717-575-1861 p.2 _ Form 1040(2003) Robert Ciochetto 1.RC;-ac-z Ft;a ran.,so Tax and 35 Amount from fine 34 (adjusted gross income) ....... ...... ....... 35 3 6 , 3 64 . Credits 360 Check r You were born before January 2, 1939, ? Blind. Total boxes if. I Spouse was bom before January 2, 1539, Blind. checked . 3ea Standard } b If you are married filing separately and your spouse itemizes dedao:ions, Ooduction L or you were a dual-status all=_n, safe instructions and check here .... .. ie 36b ?for - • People who 37 Itemized deductions (from Schedule A) or your standard deduction (see left maN5ini ............. 7 , 505 checked any box 36a r li r38 Subtract line 37 from fine 35 . ........... . . ................. 38 26! 859! . o on ne be or who can be Gained as a 36 If line 35 is $104,625 or lass, multiply $3,050 by the total number of exemption- Ion- claimed on line 5d. If line 35 is over $104,625, see the worksheet in the instructions ......... 39 6, 100 . dependent , see iroWctif 40 Taxable income, Subtend line 39 from line 38. If line 39 is more than ine 38, erter 4 .. ....... ................. 40 20,759. • 41 Tax (see inns). Cherie if my taxis from a ? Form(s) 8814 bI__rI Fomn 4972 . . . . .. .. . . .. . . 41 2 616 . All eC Married Single o or r M 42 Alternative minimum tax ( ) see instruotlons . Attach Form 825" . ... .. . 42 filing seParately, 43 Add lines 41 and 42 .... ................ .......... ? 43 2 , 610' . $4,750 44 Foreign tax credit. Attach Form 1116 it required .. . .. .. 44 arried filing M 45 Credit for chid and dependent care expenses Azach Form 2441 ..... 45 720. - I ? ? punail I?9g 46 Credit for the elderly or the disabled. Attach Schedule R .. 46 widow(er), 47 Education credits, Attach Form BB63 . .. .... .. . .. 47 $9,500 48 Retirement savings contributions credit. Attach Form 8880 .. 48 Head of 40 Child tax credit (see instructions) , • • . ... . ... . . .... 40 600. household. 50 Adoption credit. Attach Form 8839 . ... ..... . . .... 89 : 61 Credits tram: a [] Form 8386 b F] Form 8859. 51 52 Other credits. Check applicable box(es): a Q Form 3800 F b [] or a ?Sprxdy still 52 53 Add lines 44 through 52 These are your total credits ...... . . . ............ 53 _320. 54 Subtract line 53 from line 43. If line 53 is more than line 43, enter -0- ............. w 54 1,2967 _ 55 Sdfsmpbyfrenttax.A0xh5chedule SE ............................... 55 Other 56 Social security and Medicare tax on tip income not reported to employer. Attach Form 4137 .......... 56 Taxes 57 Tax on qualified plans, including IRAs, and othertax taeored accomez. Attach Fmm 5325r; required. , .... 57 58 Advance earned income credit payments from Forms} W-2 . .. .. ...... . .... 58 59 Household employment taxes. Attach Schedule H ........... . ........... 59 ............................. . 60 Add lines 54-59. This is our total tax w 60 1,296. Payments 61 Federal income tax withheld from Forms W-2 and 1099 .... 61 it 850. u have a 62 2003 estimated tax payments and atiouaapplied from ZODZ n9um .... 62 lfyung 83 Earned imurtra oracle (EIC) ....... ....... F 63 , atech r 64 Excess social security and ter l RRTA tax withheN(see in0mctions) ... l EIC 64 e edu . I 65 Additional child tax credit. Attach Form 8512 .. , ....... 65 66 Amount paid Wt requesfor extension to file (see instructions) , .. 66 67 Other prms from: a ? Farm 2439 It Q Form 4136 c Dorm 111385 ? 67 68 Add lines 61 thra67. These are your total PaWments .......... . . . ... . .. .. .. 68 --1850. Refund $9 Illine 68 is momthan Iml subtract he 60 from into 58. This is theanxlum you overpaid ........ 69 554. Direct deposit? 70a Amount or line 69 you want refunded to ou ........ ..... .. ... w 70a 55 4 . Sea instructions ` b Routing number... 231382555 ' c7 e: % Checking Sayings and fill in 70b, . clAccountmmbar..... 0000769711 7oc, and 70d. 71 Amount ctline 69 you Want applied to your 2004estimated .ma W! Amount 72 Amount you oxen. Subtract tires from line 60. For details on how to pry, see inscuo m , . . .... ... ? 72 You VWe 73 Estimated tax penalty (see instruotions) , . , , .. , . , ... 1 73 f I - Do you want to allow another person to discuss this return with the IRS Party Third (see instructions)? ........ ............... .. ... CI Yes, Complete the following. [] No Designee Designee's Phone Pe eooelisenaaatior, name -Charles J. C10chettp CPA no. (215) 491-2749 nunbufPlN) X5249 Sign uneer nacres of penury,f sedanma?'have examinetlmis ruwm and acmnryanying xneaules ana sralemerr., ana la Inaba#ofmy knewletlge ens belief. fey are ere. oxrec[. antl wmpleb. aecletalbn afprepara(nmeruran ?Gayer7ubasetl en alt lnlotmatlon of Miicn mermeraes arty knnwledpe. Here Yoursignense Due vour r occupation Daytime pnone nunwer Joint ireful See instructions. IMariac er Keep a MPy spouse's signature. If a joint relum, bath mun sign Date Spause'aarvupeton for your records. , - - Date a Paid Y1 PTsparer's far pn a 1 f e Parer Use Only senernptuyea),P FDIA0r12 D1/16/W Form 1040 (2003) JUN-14-04 04:23 PM SILLIKER P_02 INCOME AND EXPENSE STATEMENT OF ROBERT F. CIOCHETTO ROBERT F. CIOCHETTO, Plaintiff V. KRISTINA M. CIOCHETTO, Defendant INCOME: Employer: Address: Type of Work: Payroll Number: Pay Period (weekly, bi-weekly, etc.): Gross pay per pay period' Itemized Payroll Deductions: Federal Withholding: Social Security: Local Wage Tax: State Income Tax: Retirement: SavingS Bonds: Credit Union: Life Insurance: SUI Other (specify): Medicare Domestic Relations Net Pay per pay period: I Date: 6 -/5-- 0 (/ UN CIV) P COL _ S a S 03, JUN-14-04 04:23 PM SILLIKER P_03 I l i OTHER INCOME: INTEREST Dividends Pension Annuity Social Security Rents Royalties Expense Account Child & Spousal Support Unemployment Compensation Workmen's Compensation Totals! Total Income: EXPENSES: Weekly (Fill in appropriate column) YeaNv Home Mortgage/Rent Second Mortgage Maintenance UUlities- Electric Gas Oil Telephone Refuse Water, Sewer Furniture Employment Public Transportation Lunch Taxes Real Estate Personal Property Vfm MONTH XC&R JUN-14-04 04:25 PM SILLIKER EXPENSES: Weekly Moir Shly XUBIY Taxes Income Insurance Homeowners Automobile Life Accident Health Other Automobile Payments Fuel Repairs Medical Doctor Dentist Orthodontist Hospital Medicine Special Needs (glasses, braces, orthopedic devices) L r- 1 -1 Education Private School Parochial School College Personal Clothing Food Barber/Hairdresser P.04 Credit Payments, Credit Card Charge Account JUN-14-04 04:23 PM SILLIKER EXPENSES: Loans. kl wily Ysarly (fill In appropriate column) Credit Union ?/gRsN?S SO S "S7?/Z dS Miscellaneous: Household help Child Care Papers/Books Magazines Entertainment Pay Television Vacation Gifts Legal Fees Charitable Contributions Other Child Support Alimony payment Other: Totals: F770 77' F - r _77 -I TOTAL EXPENSES: AFFIDAVIT t, Robert F. Clochetto, hereby certify that the atoregoing is true and correct to the best of my knowledge information, and belief. I understand that false statements herein are made subject to the penaRies of 18 Pa.C.S. 4909 relating to unsworn falsification to aut I s. Dated: G '/r' a ? - Robert F. Gochetto P.05 EXHIBIT "D" LIABILITIES Plaintiff lists all liabilities of either or both spouses alone or with any person as of the date of separation. ITEM NUMBER 1 Description: Waypoint Bank mortgage relative to husband's real estate purchased prior to marriage. Amount of debt presently: $0 Amount of debt at separation: $78,043 (9/14/00) Date debt incurred, initial amount of indebtedness and purpose of debt: Original mortgage incurred in August, 1998 Chas been subsequently re-mortgaged into a PNC home equity loan with a present of $110,000. PNC home equity loan also includes the balance of the Ditech second mortgage which was incurred immediately following the parties' separation and which includes marital debt. Amount paid by debtor since date of separation: Unknown due to rollovers. ITEM NUMBER 2 Description: PNC Bank second mortgage Amount of debt presently: $0 Amount of debt at separation: Approximately $10,000 Date debt incurred, initial amount of indebtedness and purpose of debt: Incurred July 9, 1999, to pay off Husband and Wife's pre-marital and marital debts. Amount paid by debtor since date of separation: Unknown - balance was subsequently rolled over into the Ditech second mortgage which was subsequently rolled over into the PNC home equity loan. ITEM NUMBER 3 Description: Personal loan from Plaintiff's parents, Charles and Michelina Ciochetto Amount of debt presently: $35,000 Amount of debt at separation: Approximately $9,500 Date debt incurred, initial amount of indebtedness and purpose of debt: June, 1998. Incurred to loan Husband money to place down payment on real estate and to pay off his car loan. Amount paid by debtor since date of separation: Unknown - Husband subsequently borrowed additional monies from his parents to pay off marital and non-marital debt. ITEM NUMBER 4 Description: Providian Bank credit card (Wife) Amount of debt presently: Unknown Amount of debt at separation: Approximately $4,200 Date debt incurred, initial amount of indebtedness and purpose of debt: Incurred prior to marriage - pre-marital and marital debt. Amount paid by debtor since date of separation: Unknown ITEM NUMBER 5 Description: Discover credit card (Wife) Amount of debt presently: Unknown Amount of debt at separation: approximately $11,000 Date debt incurred, initial amount of indebtedness and purpose of debt: Part of balance incurred prior to marriage - incurred on pre-marital and marital debts. Amount paid by debtor since date of separation: Unknown ITEM NUMBER 6 Description: M&T Financial Trust installment loan (Wife) Amount of debt presently: believed to be paid off Amount of debt at separation: $2,700 Date debt incurred, initial amount of indebtedness and purpose of debt: Incurred prior to parties' marriage. Wife put $5,000 of Husband's debt on credit card so that he could purchase house. Amount paid by debtor since date of separation: Husband paid off balance of approximately $2,700 following parties' separation. ITEM NUMBER 7 Description: MBNA credit card (Husband) Amount of debt presently: approximately $6,400 Amount of debt at separation: $7,394 (10/18/00) Date debt incurred, initial amount of indebtedness and purpose of debt: Incurred in August, 2000. Husband rolled over a First USA credit card balance onto MBNA. Incurred on marital debts. Amount paid by debtor since date of separation: Unknown ITEM NUMBER S Description: HRS USA loan Amount of debt presently: Paid off- rolled into loan from Husband's sister Amount of debt at separation: Approximately $6,600 Date debt incurred, initial amount of indebtedness and purpose of debt: Approximately 1999 for windows on Husband's real estate. Amount paid by debtor since date of separation: Unknown due to rollover ITEM NUMBER 9 Description: Lowe's credit card Amount of debt presently: $0 - debt was rolled over into a Ditech second mortgage following the parties' separation. Amount of debt at separation: Approximately $1,000 Date debt incurred, initial amount of indebtedness and purpose of debt: Incurred during marriage on marital expenses. Amount paid by debtor since date of separation: Unknown due to rollover. ITEM NUMBER 10 Description: Sam's Club credit card Amount of debt presently: $0 - debt was rolled over into Ditech second mortgage incurred following parties' separation. Amount of debt at separation: Approximately $1,300 Date debt incurred, initial amount of indebtedness and purpose of debt: Partially incurred prior to marriage and following marriage. Used to pay for household expenses and for chicken wings for Coakley's Restaurant. Amount paid by debtor since date of separation: Unknown due to rollover. ITEM NUMBER 11 Description: Washington Mutual Loan Amount of debt presently: $0 - debt was rolled over into Ditech second mortgage incurred following parties' separation. Amount of debt at separation: approximately $3,600 Date debt incurred, initial amount of indebtedness and purpose of debt: April, 2000. Amount of debt - $4,535 incurred on marital bills. Amount paid by debtor since date of separation: Unknown due to rollover 4 W ITEM NUMBER 12 Description: PNC Bank automobile loan (Oldsmobile Bravada) Amount of debt presently: $0 - debt was rolled into a loan from Husband's sister. Amount of debt at separation: approximately $9,600 Date debt incurred, initial amount of indebtedness and purpose of debt: Incurred in 1999. Incurred in purchase of Husband's Oldsmobile Bravada. Amount paid by debtor since date of separation: Unknown due to rollover. ITEM NUMBER 13 Description: Associates Capitol Bank line of credit Amount of debt presently: $0 - rolled into loan from Husband's sister Amount of debt at separation: approximately $1,500 Date debt incurred, initial amount of indebtedness and purpose of debt: September, 2000 in the approximate amount of $1,500 - used to pay marital bills. Amount paid by debtor since date of separation: Unknown due to rollover ITEM NUMBER 14 Description: Citizen's Bank automobile loan (Wife's Dodge Grand Caravan) Amount of debt presently: $0 - rolled into Ditech second mortgage incurred following parties' separation. Amount of debt at separation: approximately $13,808 (11/3/00) Date debt incurred, initial amount of indebtedness and purpose of debt: Incurred 1999 - Incurred on purchase of Dodge Grand Caravan. Amount paid by debtor since date of separation: Unknown due to rollover. M co c? ROBERT F. CIOCHETTO, Plaintiff V. KRISTINA M. CIOCHETTO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7079 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY ORDER OF COURT r AND NOW, this '4/ day of ` , 2004, upon consideration of the attached Petition for Bifurcation Pursuant to Section 3323(c) of the Divorce Code, IT IS HEREBY ORDERED AND DECREED that a hearing shall be set on this matter for the day of I , 2004, at ):30 p .m. in Courtroom 7• of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. ?,oa ()V OF t w ?? r ?r ROBERT F. CIOCHETTO, Plaintiff V. KRISTINA M. CIOCHETTO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7079 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY RULE TO SHOW CAUSE AND NOW, this day of , 2004, a Rule is hereby issued upon Defendant, Kristina M. Ciochetto, to show cause, if any, why the relief requested should not be granted, and why Plaintiff's Petition for Bifurcation should not be granted. Rule returnable in days. BY THE COURT: J. ROBERT F. CIOCHETTO, Plaintiff V. KRISTINA M. CIOCHETTO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7079 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY PETITION FOR BIFURCATION PURSUANT TO SECTION 3323(c) OF THE DIVORCE CODE AND NOW comes the Petitioner/Plaintiff, Robert F. Ciochetto, by and through his attorneys, the Law Offices of Silliker & Reinhold, .by Kristin R. Reinhold, Esquire, and respectfully presents his Petition for Bifurcation pursuant to 23 P.S. Section 3323(c) and in support thereof, avers the following: 1. Petitioner is Robert F. Ciochetto, hereinafter referred to as Plaintiff, an adult individual currently residing at 6 Woodmere Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Respondent is Kristina M. Ciochetto, hereinafter referred to as Defendant, an adult individual currently residing at 192 South Tulpehocken Street, Pine Grove, Schuylkill County, Pennsylvania 17963 . 3. The parties hereto were married on October 25, 1998, and separated on September 23, 2000, a period of approximately 23 months. 4. Plaintiff filed a Complaint in Divorce on or about October 13, 2000. 5. Plaintiff subsequently filed a Motion for Appointment of Master on or about March 10, 2004. Master E. Robert Elicker, Esquire, was appointed on or about March 22, 2004. 6. Defendant has subsequently filed a Certificate with the Divorce Master's office stating that discovery is not complete. Defendant's position regarding discovery may unnecessarily delay the adjudication of the above-captioned divorce action. 7. The marriage of the parties is irretrievably broken. There have been no attempts at reconciliation since the parties' separation in September of 2000. 8. The parties have been separated almost four years, a period almost double the length of the parties' marriage. 9. It is the desire of the Plaintiff to many his girlfriend, Alyssa Girard, with whom he has been residing for in excess of two years. 10. Plaintiff and his girlfriend have a child together, Michelina Ciochetto, born November 9, 2002. It is Plaintiff's desire to raise his child, Michelina, in a household where her parents are married. 11. Plaintiff is currently unemployed and has no medical insurance benefits. Plaintiff would be entitled to medical benefits through his girlfriend's employment if they were married. 12. The Defendant would not be prejudiced by a bifurcation of the divorce action from the economic issues in that all of the economic issues will be preserved. 13. Plaintiff believes and therefore avers Defendant's only interest in prolonging this marriage is economic. Defendant has received spousal support since the parties' separation in September of 2000. Defendant is further attempting to delay the resolution of this divorce by certifying to the Divorce Master that discovery is not complete, despite the fact she has not made any request for information upon the Plaintiff for almost two years. WHEREFORE, Plaintiff, Robert F. Ciochetto, respectfully requests this Honorable Court bifurcate the divorce action from the economic claims, retain jurisdiction over all ancillary claims, and issue a Decree in Divorce. Date: 1!5 ?I Respectfully submitted, THE LAW OFFIC S OF SILLIKER & RE HOU 5922 Lifiglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Robert F. Ciochetto AFFIDAVIT I, 00OW r' CKCIXZTO , hereby certify that the afore going is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unworn falsifications to authorities. Dated: ?? J _G y ? o t 1.. CD G -< ROBERT F. CIOCHETTO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTINA M. CIOCHETTO DEFENDANT 00-7079 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 22, 2004 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, June 22, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P Greevy. Esq. mhc Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH 13ELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 t . ROBERT F. CIOCHETTO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-7079 CIVIL TERM KRISTINA M. CIOCHETTO, CIVIL ACTION - LAW Defendant CHILD CUSTODY ORDER AND NOW, this day of 2004, in consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel, shall appear before , the Conciliator, on the day of 12004, at .m., at for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five and older may also be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT: Date: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 ROBERT F. CIOCHETTO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 00-7079 CIVIL TERM KRISTINA M. CIOCHETTO, CIVIL ACTION - LAW Defendant CHILD CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property, or other rights important to you, including child custody, or child visitation. 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 Telephone: (717) 249-3166 ROBERT F. CIOCHETTO, Plaintiff V. KRISTINA M. CIOCHETTO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7079 CIVIL TERM CIVIL ACTION - LAW CHILD CUSTODY MOTION TO SCHEDULE CUSTODY CONCILIATION AND NOW comes the Movant, Robert F. Ciochetto, by and through his attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully requests this Honorable Court schedule a Conciliation Conference based upon the following: 1. Pursuant to the terms of the Court's Order dated August 8, 2003, the parties are to determine the summer custodial schedule no later than 15 days before the end of each school year. A copy of the Court's Order dated August 8, 2003, is attached hereto and incorporated herein. 2. The parties have been unable to reach an agreement with regard to the summer custodial schedule. WHEREFORE, Robert F. Ciochetto, respectfully requests this Honorable Court schedule a Custody Conciliation relative to this matter. Date: 6 JL141?4' Respectfully submitted, THE LAW OFF ES OF SILLIKER & REIINHOLI 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Robert F. Ciochetto ROBERT F. CIOCHETTO, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTINA M. CIOCHETTO, DEFENDANT 00-7079 CIVIL TERM ORDER OF COURT AND NOW, this day of August, 2003, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Robert F. Ciohetto and Kristina M. Ciohetto shall have shared legal custody of Dominick Keye Ciohetto, born August 18, 1998. (3) Until the beginning of the 2003-2004 school year, the parents shall continue their current schedule with the mother having Dominick overnight on Wednesday, Thursday, Friday and Saturday, and the father having him overnight on Sunday, Monday and Tuesday, with the father taking him to daycare on Wednesday morning and the mother taking him to the father's residence on Sunday evening. (4) Thereafter, the parents shall share physical custody of Dominick as follows: (A) During the school year: (1) The father shall pick up Dominick on Monday mornings and take him to school in the West Shore School District. (2) Dominick shall remain with his father until his mother picks him up on Friday either after school or after daycare consistence with her work schedule. (3) Dominick shall remain with his mother until the next Monday morning. (B) During each summer school vacation period: (1) Dominick shall be with his mother for eight full weeks and with his father for three full weeks. The father's three weeks shall either be one at a time or in segments of two weeks and one week. His weeks shall be determined by the parents not later than fifteen days before the end of each school year. (C) The father shall have Dominick on each Christmas Eve until he delivers him to the mother's home at 3:00 p.m. on Christmas Day. The mother shall then have him until the father picks him up on the morning of the first day school resumes after the Christmas-New Year break. By the Edgar B. Bayley, Kristin R. Reinhold, Esquire For Robert F. Ciochetto Charles E. Petrie, Esquire For Kristina M. Ciochetto :sal TRIBE: COPY FROM RECORD in Testimony whereof, I here unto set my hand and the seal of s id Court Carlisle, Pa. Th' .......3...... d o :. ,...., rothonotary 0 4 - o? ,e ; 3A JUN 2 5 2004 c ROBERT F. CIOCHETTO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 00-7079 CIVIL TERM V. CIVIL ACTION - LAW KRISTINA M. CIOCHETTO, Defendant IN CUSTODY BAYLEY, J. -- ORDER OF COURT AND NOW, this day of June, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: This Court's Order of August 8, 2003 shall remain in full force and effect with the following modifications: Vacation. A. 2004: Mother will have custody for purposes of vacation August 16, 2004 through August 22, 2004 at 6:00 p.m. Father will have custody for purposes of summer vacation August 22, 2004 at 6:00 p.m. until August 29, 2004; August 7, 2004 at 10:00 a.m. through August 14, 2004 at 10:00 a.m.; and June 27, 2004 at 6:00 p.m. until July 4, 2004 at 6:00 p.m. B. In future years: Each party shall select three (3) weeks of custody to occur during the summer school recess for purposes of vacation. The parties will provide each other with written notice no later than February 1St of each year indicating the dates of their intended vacation plans. In the event that the schedules the parties have selected are in conflict or overlap, the party first providing written notice shall have choice of the vacation time. 2. Mother's Day / Father's Day. Father will have custody for Father's Day from 9:00 a.m. until 9:00 p.m. Mother will have custody for Mother's Day as it occurs naturally in the ordinary schedule during her weekend custodial time. 3. The parties shall return to the school year schedule on the Monday of the week during which school begins. For 2004, the school year schedule commences August 30, 2004. r NO. 00-7079 CIVIL TERM 4. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 5. The parties shall not discuss legal issues with the child. The parties' issues regarding custody and/or support shall be discussed only at times when the child is not present or within earshot. BY THE COURT: Edgar B. Bayley, J. Dist: Kristin R. Reinhold, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112 ?9, p y Nora F. Blair, Esquire, 5440 Jonestown Road, Harrisburg, PA 17112 t'r? r C) 6 L3 {?} I%. ROBERT F. CIOCHETTO, Plaintiff V. NO. 00-7079 CIVIL TERM CIVIL ACTION - LAW KRISTINA M. CIOCHETTO, Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH Dominic Keye Ciochetto August 18, 1998 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CURRENTLY IN THE CUSTODY OF Father 2. A Custody Conciliation Conference was held on June 22, 2004 with the following individuals in attendance: the Father, Robert F. Ciochetto, and his counsel, Kristin R. Reinhold, Esquire; the Mother, Kristine M. Ciochetto, and her counsel, Nora F. Blair, Esquire. The conference was scheduled at request of Father's Counsel because the parties have had difficulties working out the summer vacation schedule. 3. The parties reached an agreement and the formal Order is attached. ?f 40, 'r-t L 9, ? ? , " L' D to Me issa Peel Greevy, Esq lire Custody Conciliator :231156 ROBERT F. CIOCHETTO, Plaintiff Vs. KRISTINA M. CIOCHETTO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NUMBER: 00-7079 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/ CUSTODY PRAECIPE TO WITHDRAW APPEARANCE Please withdraw the appearance of Charles E. Petrie, Esquire, on behalf of the Defendant, KRISTINA M. CIOCHETTO. CHARLES E. PETRIE, ESQUIRE PRAECIPE TO ENTER APPEARANCE Please enter the appearance of Nora F. Blair, Esquire, on behalf of the Defendant, KRISTINA M. CIOCHETTO. Y(OlkA F. BLAIR, ESQUIRE ra C c r. CE ?CT3 ,-4? m ROBERT F. CIOCHETTO, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-7079 CIVIL TERM KRISTINA M. CIOCHETTO, : CIVIL ACTION NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property, or other rights important to you, including child custody, or child visitation. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mss adelante en las siguientes paginas, debe tomar accibn dentro de los proximos veinte (20) dias despu6s de la notificacion de esta Demands y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como de describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mss aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 ROBERT F. CIOCHETTO, Plaintiff V. KRISTINA M. CIOCHETTO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7079 CIVIL TERM CIVIL ACTION -LAW CHILD CUSTODY PETITION TO MODIFY CUSTODY AND NOW comes the Plaintiff, Robert F. Ciochetto, by and through his attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully petitions this Court to modify its Custody Orders of August 8, 2003 and June 28, 2004, as follows: 1. Plaintiff is Robert F. Ciochetto, hereinafter referred to as "Father", an adult individual currently residing at 6 Woodmere Drive, Camp Hill, Cumberland County, Pennsylvania. 17011. 2. Defendant is Kristina M. Ciochetto, hereinafter referred to as "Mother", an adult individual currently residing at 192 South Tulpehocken Street, Pine Grove, Schuylkill County, Pennsylvania. 17963. 3. The subject minor child is Dominick Keye Ciochetto, age 10, born August 18, 1998. 4. A Custody Order was entered on August 8, 2003, by the Honorable Edgar B. Bayley following a Custody Trial. A second Order was issued on June 28, 2004, as a result of an agreement reached at the time of a Custody Conciliation which modified the holiday and vacation schedule. Copies of the Orders of Court dated August 8, 2003 and June 28, 2004 are attached hereto and incorporated herein. 5. Pursuant to the terms of the Custody Order dated August 8, 2003, Father exercises custody from Monday morning until Friday after school every week during the school year. Mother is entitled to every Friday after school until Monday morning when Father picks up the subject child from her custody. 6. Due to Father's recent separation from his current wife, he changed employment so that he would be available more hours for the subject minor child. Father is currently employed as a manager at Sheetz and his work hours are Monday through Friday, 6:00 a.m. to 4:00 p.m. Father's former employment was as a manager at Cracker Barrel. 7. Due to Father's current work schedule, he is no longer able to pick up the subject minor child on Monday mornings. In order to maintain the current schedule, because Mother lives an hour away from the parties' former marital residence, Father would need to leave his home at 3:30 a.m. to pick up the subject child by 4:30 a.m., return him to his home by 5:30 a.m., hire a babysitter to watch the child until the school bus arrived, and get to work by 6:00 a.m. 8. Father has requested that Mother permit him to pick up the child on Sunday evenings at 8:00 p.m. so that the child is able to take the bus on Monday mornings to school from Father's home. Although Mother initially agreed to this modification for several weeks, she subsequently changed her mind and is refusing to allow Father to get the subject child on Sunday nights or to take the child to school herself on Monday mornings. 9. Since the entry of the Court Order on August 8, 2003, Monday mornings have been a consistent problem for the subject minor child. As the parties live an hour apart, the subject child was forced to wake up much earlier than he does on any other day of the week. This resulted in the child being sleepy and unfocused in school on Mondays. 10. Father believes and therefore avers it is in the best interests of the subject minor child that he spend Sunday nights in Father's household. 11. Father believes and therefore avers it is in the best interest of the subject minor child that the current Custody Order be modified during the school year wherein Father has custody from Sunday at 8:00 p.m. until after school on Fridays every week. Date: Respectfully Submitted, THE LAW OFFIC }S OF SILLIKER & REINHnT.I in R. 5922 Lin estown Road Harrisb g, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Robert F. Ciochetto AFFIDAVIT I, i?4yo r Cio , hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unworn falsifications to authorities. Dated: ?_?? ROBERT F. CIOCHETTO, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTINA M. CIOCHETTO, DEFENDANT 00-7079 CIVIL TERM ORDER OF COURT AND NOW, this QA-L day of August, 2003, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Robert F. Ciohetto and Kristina M. Ciohetto shall have shared legal custody of Dominick Keye Ciohetto, born August 18, 1998. (3) Until the beginning of the 2003-2004 school year, the parents shall continue their current schedule with the mother having Dominick overnight on Wednesday, Thursday, Friday and Saturday, and the father having him overnight on Sunday, Monday and Tuesday, with the father taking him to daycare on Wednesday morning and the mother taking him to the father's residence on Sunday evening. (4) Thereafter, the parents shall share physical custody of Dominick as follows: (A) During the school year: (1) The father shall pick up Dominick on Monday mornings and take him to school in the West Shore School District. (2) Dominick shall remain with his father until his mother picks him up on Friday either after school or after daycare consistence with her work schedule. (3) Dominick shall remain with his mother until the next Monday morning. (B) During each summer school vacation period: (1) Dominick shall be with his mother for eight full weeks and with his father for three full weeks. The father's three weeks shall either be one at a time or in segments of two weeks and one week. His weeks shall be determined by the parents not later than fifteen days before the end of each school year. (C) The father shall have Dominick on each Christmas Eve until he delivers him to the mother's home at 3:00 p.m. on Christmas Day. The mother shall then have him until the father picks him up on the morning of the first day school resumes after the Christmas-New Year break. By the Corjrt, ? Edgar B. Bayley, Kristin R. Reinhold, Esquire For Robert F. Ciochetto Charles E. Petrie, Esquire For Kristina M. Ciochetto sal TRUE: COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of s id Court Carlisle, Pa. Th' ......3... d o .. .,..., rothZ;tary JUN 2 5 2004 ?' ROBERT F. CIOCHETTO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 00-7079 CIVIL TERM V. CIVIL ACTION - LAW KRISTINA M. CIOCHETTO, IN CUSTODY Defendant BAYLEY, J. -- ORDER OF COURT AND NOW, this d t day of June, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: This Court's Order of August 8, 2003 shall remain in full force and effect with the following modifications: 1. Vacation. A. 2004: Mother will have custody for purposes of vacation August 16, 2004 through August 22, 2004 at 6:00 p.m. Father will have custody for purposes of summer vacation August 22, 2004 at 6:00 p.m. until August 29, 2004; August 7, 2004 at 10:00 a.m. through August 14, 2004 at 10:00 a.m.; and June 27, 2004 at 6:00 p.m. until July 4, 2004 at 6:00 p.m. B. In future years: Each party shall select three (3) weeks of custody to occur during the summer school recess for purposes of vacation. The parties will provide each other with written notice no later than February 1St of each year indicating the dates of their intended vacation plans. In the event that the schedules the parties have selected are in conflict or overlap, the party first providing written notice shall have choice of the vacation time. 2. Mother's Day / Father's Day. Father will have custody for Father's Day from 9:00 a.m. until 9:00 p.m. Mother will have custody for Mother's Day as it occurs naturally in the ordinary schedule during her weekend custodial time. 3. The parties shall return to the school year schedule on the Monday of the week during which school begins. For 2004, the school year schedule commences August 30, 2004. NO. 00-7079 CIVIL TERM 4. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 5. The parties shall not discuss legal issues with the child. The parties' issues regarding custody and/or support shall be discussed only at times when the child is not present or within earshot. BY THE COURT: IE-dbar B Bayley, J. Dist: Kristin R. Reinhold, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112 Nora F. Blair, Esquire, 5440 Jonestown Road, Harrisburg, PA 17112 TRUE COPY FROM RE t) to Tl tiffwy whereat, I here Ltito set MV hared and the S&LI of said CV caa'usle, Pk. This 2 y Prothoei IN ROBERT F. CIOCHETTO, Plaintiff V. KRISTINA M. CIOCHETTO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7079 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH Dominic Keye Ciochetto August 18, 1998 CURRENTLY IN THE CUSTODY OF Father 2. A Custody Conciliation Conference was held on June 22, 2004 with the following individuals in attendance: the Father, Robert F. Ciochetto, and his counsel, Kristin R. Reinhold, Esquire; the Mother, Kristina M. Ciochetto, and her counsel, Nora F. Blair, Esquire. The conference was scheduled at request of Father's Counsel because the parties have had difficulties working out the summer vacation schedule. 3. The parties reached an agreement and the formal Order is attached. D to Me issa Peel Greevy, Esq ire Custody Conciliator :231156 '? ?? { r? ? rrl ?.:?t t ' ?? ?.+ ?J ?? _C ; oc°+ .? .,,?, ` [?4 ?" ?.. ROBERT F. CIOCHETTO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2000-7079 CIVIL ACTION LAW KRISTINA M. CIOCHETTO IN CUSTODY DF.FF,NDANT ORDER OF COURT AND NOW, Wednesday, October 15, 2008 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 18, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ john 1. Mangan, Jr., Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 q S -.Zf Wd 9 ! i30 HE ;z?d -lHl J0 ROBERT F. CIOCHETTO, Plaintiff V. KRISTINA M. CIOCHETTO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-7079 CIVIL TERM CIVIL ACTION -LAW CHILD CUSTODY ACCEPTANCE OF SERVICE I, Nora Blair, Esquire, attorney for Kristina M. Ciochetto, Defendant, hereby certify that I accept service on her behalf of an Order of Court scheduling a Custody Conciliation for November 18, 2008 at 8:30 a.m. as well as a Petition to Modify Custody in the above-captioned matter on or about tw? 2008, by first-class mail, postage prepaid. I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: /x7- j, 1,F 1^ ora air, Esquire r-2 e? -. 140V z -I ?Uuo ROBERT F. CIOCHETTO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 00-7079 CIVIL ACTION LAW KRISTINA M. CIOCHETTO, IN CUSTODY Defendant Prior Judge: Edgar B. Bayley, P.J. ORDER OF COURT AND NOW this day of November 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Orders of Court regarding the above-captioned matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Robert Ciochetto, and the Mother, Kristina Ciochetto, shall have shared legal custody of Dominick Keye Ciochetto, born 08/18/1998. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: The parents shall share physical custody of Dominick as follows: a. During the school year 2008 through 2009, Father shall have custody of Dominick Monday through Friday and Mother shall have every Friday through Monday morning. Father shall transport Dominick after he gets off of work on Friday to Mother's residence. Mother shall transport Dominick to Father's residence Monday morning so that Dominick can get on the bus to school. b. Commencing the school year 2009-2010, Father shall have custody of Dominick Sunday evening through Friday and Mother shall have every Friday through Sunday evening at 8:00 pm. Father shall transport Dominick after he gets off of work on Friday to Mother's residence. Mother shall transport Dominick to Father's residence Sunday evening. Should Mother move closer to Father's residence, this would constitute a change in circumstances necessitating possible review back to the Monday morning exchange. C. During each summer school vacation period, Dominick shall be in the physical custody of Mother for eight full weeks and with his Father for three full weeks. The Father's three weeks shall be either one at a time or in segments of two weeks and one week. Each party shall select three (3) weeks of custody to occur during the summer school recess for purposes of vacation. The parties shall provide each other with written notice no later than February 1" of each year indicating the dates of their intended vacation plans. In the event that the schedules the parents have selected are in conflict or overlap, the party first providing written notice shall have the choice of the vacation time. d. The parties shall return to the school year schedule on the Sunday before school begins. 4. Holidavs: a. Mother's Day/Father's Day: Father shall have physical custody for Father's Day from 9:00 am until 9:00 pm. Mother shall have custody for Mother's Day as it naturally occurs in the ordinary schedule during her weekend custodial time. b. Thanksgiving: Mother shall have physical custody Wednesday before Thanksgiving until Monday morning in 2008. In subsequent years, if Mother does not move closer to Father's residence, the exchanges shall occur at Sunday at 8:00 pm. c. Memorial Day: Father shall have physical custody of Dominick Memorial Day weekend. d. Christmas: In 2008, Father shall have physical custody every 12/23 through 12/25 until 8:00 pm. Mother shall have every 12/25 at 8:00 pm until the morning of school. In subsequent years, if Mother has not moved closer, Mother shall have from 12/25 at 8:00 pm and then Mother shall return the Child to Father the night before school begins at 8:00 pm. 5. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 8. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Distribution: Nora Blair, Esq. Kristin Reinhold, Esq. John J. Mangan, Esq. 7 c C\j ELI C? ? U cv ROBERT F. CIOCHETTO, Plaintiff v. KRISTINA M. CIOCHETTO, Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-7079 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Dominick Keye Ciochetto 08/18/1998 Currently in the Custody Shared 2. Orders of Court were issued on August 8, 2003 and on June 28, 2004. A Conciliation Conference was held with regard to a petition to modify on November 18, 2008 with the following individuals in attendance: The Mother, Kristina Ciochetto, with her counsel, Nora Blair, Esquire The Father, Robert F. Ciochetto, with his counsel, Kristin Reinhold, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J. , Esquire Custo Conciliator ' DEC Z 9 r? ROBERT F. CIOCHETTO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 00-7079 CIVIL ACTION LAW KRISTINA M. CIOCHETTO, IN CUSTODY Defendant Prior Judge: Edgar B. Bayley, P.J. ORDER F COURT -11%?Ion AND NOW this 3 day of uconsideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: I. The prior Orders of Court regarding the above-captioned matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Robert Ciochetto, and the Mother, Kristina Ciochetto, shall have shared legal custody of Dominick Keye Ciochetto, born 08/18/1998. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: The parents shall share physical custody of Dominick as follows: a. During the school year 2008 through 2009, Father shall have custody of Dominick Monday through Friday and Mother shall have every Friday through Monday morning. Father shall transport Dominick after he gets off of work on Friday to Mother's residence. Mother shall transport Dominick to Father's residence Monday morning so that Dominick can get on the bus to school. b. Commencing the school year 2009-2010, Father shall have custody of Dominick Sunday evening through Friday and Mother shall have every Friday through Sunday evening at 8:00 pm. Father shall transport Dominick after he gets off of work on Friday to Mother's residence. Mother shall transport Dominick to Father's residence Sunday evening. However, should Mother move substantially closer to Father's residence, Mother shall have custody of Dominick every Friday through Monday morning. Father shall transport Dominick after he gets off of work on Friday to Mother's residence. Mother shall transport Dominick to Father's residence Monday morning so that Dominick can get on the bus to school. C. During each summer school vacation period, Dominick shall be in the physical custody of Mother for eight full weeks and with his Father for three full weeks. The Father's three weeks shall be either one at a time or in segments of two weeks and one week. Each party shall select three (3) weeks of custody to occur during the summer school recess for purposes of vacation. The parties shall provide each other with written notice no later than February 0 of each year indicating the dates of their intended vacation plans. In the event that the schedules the parents have selected are in conflict or overlap, the party first providing written notice shall have the choice of the vacation time. d. The parties shall return to the school year schedule on the Sunday before school begins. 4. Holidays a. Mother's Day/Father's Day: Father shall have physical custody for Father's Day from 9:00 am until 9:00 pm. Mother shall have custody for Mother's Day as it naturally occurs in the ordinary schedule during her weekend custodial time. b. Thanksgiving: Mother shall have physical custody Wednesday before Thanksgiving until Monday morning in 2008. In subsequent years, if Mother does not move closer to Father's residence, the exchanges shall occur at Sunday at 8:00 pm. c. Memorial Day: Father shall have physical custody of Dominick Memorial Day weekend. d. Christmas: In 2008, Father shall have physical custody every 12/23 through 12/25 until 8:00 pm. Mother shall have every 12/25 at 8:00 pm until the morning of school. In subsequent years, if Mother has not moved closer, Mother shall have from 12/25 at 8:00 pm and then Mother shall return the Child to Father the night before school begins at 8:00 pm. 5. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other parry. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 8. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. stn ution: n .,'Nora Blair, Esq. 120 t JE.S- ,/Kristin Reinhold, Esq. ,-*rohn J. Mangan, Esq. 1.7-P /? s` d?f cy^ l ^ CZ3 f Cl-j `} ROBERT F. CIOCHETTO, Plaintiff V. KRISTINA M. CIOCHETTO, Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-7079 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Dominick Keye Ciochetto 08/18/1998 Shared 2. Orders of Court were issued on August 8, 2003 and on June 28, 2004. A Conciliation Conference was held with regard to a petition to modify on November 18, 2008 with the following individuals in attendance: The Mother, Kristina Ciochetto, with her counsel, Nora Blair, Esquire The Father, Robert F. Ciochetto, with his counsel, Kristin Reinhold, Esq. 3. An Order of Court was issued November 24, 2008. The undersigned received a request for a modification of the 11/24/08 Order. The parties agreed to the entry of an Order in the form as attached. Zz U Date 4JOhri M gan, Esquire y onciliator