HomeMy WebLinkAbout99-06828 (2)
i a
C'.THE LAW FIRM OF
KILLIAN & GEPHART
-- 214PINE STRCET
P. 0. Box BOB
ISBURG. PENNSYLVANIA 17108.0886
OF CUMBERLAND COUNTY
STATE OF PENNA.
LYNN W. GLAVIANO
j TrT
Plaintiff
VERSUS
RICHARD T. GLAVIANO
Defendant _
DECREE IN
DIVORCE
AND NOW, Smt 7!2 2003 , IT IS ORDERED AND
DECREED THAT Lynn W. Glaviano
, PLAINTIFF,
AND Richard T. Glaviano . DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The attached Property Settlement Agreement is incorporated but not merged
to the Decree in Divorce.
BY THE COURT:
ATTES (? J•
'OTHONOTARY
No. 99-6828
?; rk?
Stih? ?y.
LYNN W. GLAVIANO
Plaintiff
v.
RICHARD T. GLAVIANO
Defendant
IN TI u- COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6828
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 Decree in Divorce:
Grounds for divorce: Irretrievable breakdown under Section 3301(c) of the
Divorce Code.
2. Date of service of the Complaint: November 19, 1999, as evidenced by the
Acceptance of Service and Entry of Appearance, which was filed with the
Court on December I, 1999.
3. Date of execution of the Affidavits of Consent required by Section 3301(c)
of the Divorce Code: by Lynn W. Glaviano, Plaintiff, on June 4, 2003; by
Richard T. Glaviano, Defendant, on May 23, 2003; which are being filed
contemporaneously herewith.
4. Related claims pending: The attached Property Settlement Agreement is
incorporated but not merged to the Decree in Divorce.
5. Date of execution of Waivers of Notice of Intention to Request Entry of a
Divorce Decree: by Plaintiff on June 4,2003; by Defendant on May 23,
2003. Said Waivers are being filed contemporaneously herewith.
Respectfully submitted,
JJPa Helvy, Esquire
Kil an & Gephart, L
21 Pine Street
P. 0. Box 886
Harrisburg, PA 17108
(717) 232-1851
Attorney I. D. 453148
Dated: June 4, 2003
Attorneys for Plaintiff
2
CERTIFICATE OF SERVICE
hat I served a true and correct cop), of the within Praecipe to Transmit
Record. and related documents, upon the following by depositing a copy or same in the
United States mail. postage prepaid. addressed as roliows:
Maria P. Cognetti. Esquire
Maria P. Cognetti S Associates
210 Grandview AVenue. Suite 102
Camp Hill. PA 17011
Peggy Hile. Secretary to
J. PAUL FIELVY. ESQUIRE
Killian S Gephart, LLP
218 Pine Street
P. O. Box 886
Harrisburg. PA 17108-0886
(717) 232-1851
Dated: \-?3
I
._-
- it
_..
LYNN W. GLAVIANO,
Plaintiff
VS.
RICHARD T. GLAVIANO,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 6828 CIVIL
IN DIVORCE
ORDER OF COURT
AND NOW, this J day of
2003, the economic claims raised in the proceedings having
been resolved in accordance with a property settlement
agreement dated May 23, 2003, the appointment of the Master
is vacated and counsel can file a praecipe transmitting the
record to the court requesting a final decree in divorce.
BY THE COURT,
CC: ?IJ. Paul Helvy
Attorney for Plaintiff
?Maria P. Cognetti
Attorney for Defendant 14
Geode f e P. .
l
? RKs
G-S-?
ff
LYNN" W. GLAVIANO
Plaintiff
N'.
RICHARD T. GLAVIANO
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 99-6828
CIVIL ACTION - LAW
IN DIVORCE
PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT made this U ? day of 1T)CcLI 2003. by and
1
between RICHARD T. GLAVIANO of 523 Penn Ayr Road. Camp Hill. Cumberland
County, Pennsylvania 17011. (hereinafter referred to as "Husband"), and LYNN W.
GLAVIANO of 66 Old Pioneer Road. Camp Hill. Cumberland County, Pennsylvania
17011, (hereinafter referred to as "Wife").
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on May 10. 1974; and
WHEREAS, there are four children of this marriage: Stephen R. Glaviano. born
on February 19. 1936: Lauren M. Glaviano. born on December 26. 1939: Kathryn E.
Glaviano, born on July 9. 1991; and Meghan L. Glaviano, born on July 19. 1996: and
WHEREAS, differences have arisen between Husband and Wife in consequence
of which they have been separate and apart from each other: and
NOW, THEREFORE, the parties intending to be legally bound hereby do
covenant and agree:
fi`t'
DATE. 05i2 l.03
SEPARATION: It shall be knvfuI for each party at all times hereafter to
live separate and apart from the other party at such place as he or she may from time to
time choose or deem fit. The foregoing provisions shall not be taken as an admission on
the part of either party of the lawfulness or unlawfulness of the causes leading to their
living apart.
2. INTERFERENCE: Each party shall be free from interference. authorin•.
and contact by the other, as fully as if he or she were single and unmarried except as may
be necessary to carry out the provisions of this Agreement. Neither part shall molest the
other or attempt to endeavor to molest the other. nor compel the other to cohabit with the
other. or in anv way harass or malign the other. nor in any way interfere with the peaceful
existence. separate and apart from the other. and each of the parties hereto completely
understand and aarce that neither shall do or sav anything to the children of the parties at
any time which might in any way influence the children adversely against the other part.
3. WIFE'S DEBTS: Wife represents and warrants to Husband that since the
date of separation of November 10. 1999. she has not and in the future she will not
contract or incur any debt or liability for which Husband or his estate might be
responsible and shall indemnify and save harmless Husband from any and all claims or
demands incurred by her.
?. HUSBAN'D'S DEBTS: Husband represents and warrants to Wife that
since the date of separation of November 10. 1999. he has not and in the future he will
not contract or incur any debt or liability for which Wife or her estate might be
D.47r 0;,_]-W
.
.. _'_-_... _.. -... ?___°+?•..___,;S±.r«.?_? az..unrr:?nr:?-vh?c-:,--F?CC+.--_.a?+s??
responsible and shall indemniR. and save harmless Wife from any and all claims or
demands made against her by reason of debts or obligations incurred by him.
5. OUTSTANDING .JOINT DEBTS: The parties have agreed that Wife
shall be full-, responsible and shall indemnih Husband from an%. responsibility for the
parties' Citibank credit card debt. The parties have agreed that Husband shall be fully
responsible and shall indemnify Wife from any responsibility for the parties' USIA Visa
credit card debt.
All other debts, contracts. obligations or liabilities incurred at any time in the past
by either of the parties will be paid promptly by said patty, unless and except as
otherwise specifically set forth in this Agreement: and each of the parties hereto ftrrther
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 saved 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 appertaining to such actions. claims and demands. Neither part-,
shall. after the date of this Agreement. contract or incur any debt or liability for which the
other or his or her property might be responsible. and shall indemnif}• and save harmless
the other from any and all claims or demands made against her or him by reason of debts
or obligations incurred by her or him and from all costs. legal costs and counsel fees
unless provided to the contrary herein.
DATE. 04,=1:0,
3
6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each
party has released and discharged, and by this Aareement does for himself or herself and
his or her heirs, legal representatives. executors. administrators and assigns. release and
discharge the other of and from all causes of action. claims. rights. or demands,
whatsoever in law or equity. which either of the parties ever had or now has against the
other. except any or all causes of action for termination of the marriage by divorce or
annulment and except for all causes of action for breach orally provisions of this
Agreement. Husband and Wife specifically release and waive any and all rights lie or she
might have to raise claims under the Divorce Code and am amendments thereto
including, but not limited to claims for equitable distribution of marital property. support,
alimony, alimony pendente lite_ counsel fees or expenses. The parties agree that the
moving part in any divorce action which has been or which will be commenced shall
request the Court to incorporate. but not merge. this Agreement into any divorce decree.
If this Agreement is incorporated into a divorce decree. the parties shall have the right to
enforce this Aareement under the Divorce Code and any amendments thereto in addition
to anv remedies in law or equity and these enforcement rights are not waived or released
by any of the provisions of this Agreement. The fact that a party brings an action to
enforce the property agreement as incorporated in the divorce decree does not give either
part the right to raise other claims under the Divorce Code specifically waived and
released by this paragraph. and all rights and obligations of die parties arising out of the
marriage shall be determined by this Aareement.
DA rE: o;:! i,o; 4
7. DIVISION OF PERSONAL PROPERTY: Except for the items set forth
in Exhibit "A" attached hereto. which Husband agrees to provide to Wife within 30 days
of the signing of this Agreement, the parties have divided between them. to their mutual
satisfaction. the personal effects, household furniture and furnishings. and all other
articles of personal property which have theretofore been used by them in common. and
neither party will make any claim to any such items which are now in the possession or
under the control of the other. Should it become necessary. the parties each agree to sign
any titles or documents necessary to give effect to this paragraph upon request.
S. NATURE OF PROPERTY DIVISION: The parties believe and agree.
i
and have been so advised by their respective attorneys. that the division of propem'
heretofore made by this Agreement. is a nontaxable division of property between co-
owners rather than a taxable sale or exchange of such property. Each parry promises not
to take any position with respect to any other issue which is inconsistent with the position
set forth in the preceding sentence on his or her Federal or state income Tax. Returns.
9. DIVISION OF REAL PROPERTY:
A. Wife agrees to transfer all right. title and interest in and to the real
estate situated at 533 Penn Ayr Road. Camp Hill. Pennsylvania 17011. now titled in the
name of Husband and Wife as tenants by the entireties to the Husband and agrees to
immediately execute now or in the future any and all deeds. documents, or papers
necessary to effect such transfer of title upon request. Wife further acknowledges that
she has no claim. right. interest. or title whatsoever in said property and further agrees
DATE:. 0521.113
5
never to assert any claim to said property in the future. Husband agrees to be fully
responsible and to indemnify and hold Wife harmless from any and all liability associated
with said real estate including, but not limited to. any liens. taxes or judgments against
said property.
B. Husband agrees to transfer all right. tide and interest in and to the
real estate situated at 66 Old Pioneer Road. Camp Hill. Pennsylvania 17011. now titled in
Wife's name alone, to Wife and agrees to immediately execute now or in the future any
and all deeds: documents7 or papers necessary to effect such transfer of title upon request.
Husband further acknowledges that he has no claim, right., interest. or title whatsoever in
said property and further agrees never to assert any claim to said property in the future.
Wife agrees to be fully responsible and to indemnify and hold Husband harmless from
any and all liability associated with said real estate including, but not limited to. any
liens, taxes or judgments against said property.
C. Husband agrees to transfer all right, title and interest in and to any
and all real property located in the State of Alabama which Wife inherited from her
mother and agrees to immediately execute now or in the ftnure any and all deeds.
documents. or papers necessary to effect such transfer of title upon request. Husband
further acknowledges that he has no claim. right. interest. or title whatsoever in said
property and farther agrees never to assert any claim to said property in the future. Wife
agrees to be fully responsible and to indemnify and hold Husband harmless from any and
DATE: 05MIN
all liability associated with said real estate including. but not limited to. any liens. taxes
or judgments against said property.
10. FINANCIAL ASSETS:
A. Wife agrees that she shall transfer any and all right. title and interest
in and to the following assets to Husband and aarees to immediately execute now or in
the future any and all documents or papers necessary to effectuate such transfer:
(1) Any and all shares ofGPU stock owned by Husband;
(2) Any and all shares of Met Life stock;
(3) PNC Checking Account =51-4016-2366;
(F) PNC Sayings Account -51-3013-4955;
(5) PNC Money Market Account=30-0 199-2753:
(6) Utilities Federal Credit Union Account -`)990-14:
(7) Navy Federal Credit Union Account 0363914-000; and
(3) The parties' 1999 income tax refund.
B. Husband agrees that he shall transfer any and all right, title and
interest in and to the following assets to Wife and agrees to immediately execute now or
in the future any and all documents or papers necessary to effectuate such transfer:
(1) Commerce Checking Account -0032003102;
(2) Navy Federal Credit Union Account -363911-109;
(3) Any and all shares of Exxon stock; and
(4) Arty and all interest the parties have in the AIVICAP Fund.
7
DA rr: osc r o3
?.I
11. DIVISION OF PENSIONS. DEFERRED SAVINGS PLANS. IRAs
AND LIFE INSURANCE:
A. Wife agrees that she shall transfer anv and all right. title and interest in
and to the following assets to Husband and agrees to immediately execute now or in the
future any and all documents or papers necessary to effectuate such transfer:
(1) Husband's American Express IRA;
(2) Husband's Navy Federal Credit Union IRA Acct. "363944-
901-0001: and
(3) Metropolitan Life Insurance Policy=7 4052090=4A.
B. Husband agrees that he shall transfer am• and all right. title and
interest in and to the following assets to Wife and agrees to immediate) execute now or
in the future any and all documents or papers necessary to effectuate such transfer:
(1) Wife's American Express IRA; and
(2) Wife's \ar} Federal Credit Union IRA Acct. =3639=44-919-
0001.
C. With regard to Husband's GPU 401(k). Husband agrees that he shall
transfer S105,332 from said -401(k) into an IRA in Wife's name alone. The parties agree
that Ham, M. Leister. Jr.. F.S.A.. shall prepare the necessary Domestic Relations Order
to effectuate said transfer and that they shall split Mr. Leister's fee associated with the
preparation of the transfer documents.
DA'rr.os _Lo3
S
D. With re,2ard to Husband's GPU pension. the parties have a_reed that
said pension shall be distributed on a 50150 basis such that the actuarial equivalent of one
half of Husband`s pension shall be payable to Wife based on her life expectancy. The
parties agree that Ham' Nl. Leister. Jr.. F.S.:\.. shall prepare the necessary Domestic
Relations Order to effectuate said transfer and that they shall split Nfr. Leisters fees
associated with the preparation of said Domestic Relations Order. The parties further
agree that said Domestic Relations Order shall specify that: (l) in the event that Husband
dies prior to said pension going into pay status. Wife shall receive the pre-retirement
survivor benefit based upon the pension earned during the marriage: and (2) in the event
that Wife predeceases Husband. and neither Husband nor Wife have commenced their
benefits under the plan. Wife's portion of said benefits shall become payable to Wife's
estate but only to the extent permitted under the terms of the plan.
12. AUTOMOBILES:
A. Husband agrees to transfer all his right. title and interest. whatever it
may be. to a 1997 Chnsler minivan to Wife. Wife agrees that she shall be fully
responsible for any debt associated with said vehicle and shall indemnify and hold
Husband harmless for any responsibility for the debt associated with said vehicle.
B. Wife agrees to transfer all her right. title and interest whatever it may
be to 1993 Nlercun• Sable to Husband. Husband agrees that he shall be fully responsible
for anv debt associated with said vehicle and shall indemnif:. and hold Wife harmless for
any responsibility for the debt associated with said vehicle.
DATE Oi 21,01
13. AL.INIONY: The parties agree that Husband's existing spousal support
obligation shall terminate on Nlay 15.'_003. The parties further agree that Husband shall
pay Wife spousal supporralimonc in the amount of S300 per month for a period of ten
years commencing May 16. 2003. The parties agree that said alimony pa%ments shall be
made through the Domestic Relations Office. Husband agrees to sign and or have his
counsel sign any and all documents necessanv to enter a Domestic Relations Order
consistent with this provision.
The pa%ments to Wife of alimony as set forth herein shall continue until May 13.
201 1. unless one of the folloxyin shall occur. in which event the alimon} shall terminate
immediately upon: (1) death of either part': (_) remarriage of Wife: or (3) cohabitation
of Wife with a person of the opposite sex who is not a member of the family of Wife
within the degrees consanguinity as contemplated in 23 Pa.C.S..N. § 37,06. The parties
further agree that this alimony ax-vard shall not be modifiable.
CHILI) SUPPORT: The parties acknowedge that Wife is the priman
custodian of Lauren. Kathnn and Nleghan and that Husband is the primary custodian of
Stephen. Based upon this custodial arrangement. the parties agree that effective Mac 16.
3003. Husband's child support obligation shall be modified to S 1.000 per month. The
parties acknowledge that this child support is based upon an earning capacity for
Husband of 553.000 per year and for NVife of S20.000 per year.
D %Tl- )4-'10
10
The parties agree that child support shall be paid through the Domestic Relations
Office pursuant to a Domestic Relations Order which shall also require Husband to be
solely responsible for the first 5250 of unreimbursed medical expenses per year for
Stephen and Wife to be responsible for the first 5250 of unreimbursed medical expenses
for Lauren. Kathryn and Mcghan: thereafter, Husband shall be required to pa}- 70% of
the unreimbursed medical expenses for each of the parties' four children. and Wife shall
be required to pay 30°,'0 of the unreimbursed medical expenses for each of the parties'
four children.
Both parties agree to sign the necessary documents to effectuate the terms of this
provision.
15. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein
otherwise provided, each party may dispose of his or her property in any way. and each
party hereby waives and relinquishes any and all rights he or she may now have or
hereafter acquire. under the present or future laws of any jurisdiction. to share in the
propernv or the estate of the other as a result of the marital relationshipi including without
limitation. dower. curtesv. statutory allowance. widow's allowance, right to take in
intestacy. right to take against the Will of the other. and right to act as administrator or
executor of the other's estate. and each will. at the request of the other. execute.
acknowledge. and deliver any and all instruments which may be necessary, or advisable to
cam into effect this mutual waiver and relinquishment of all such interests, rights and
claims
DATE 04_1:03
,
j
16. WAlyrR OE 13PNEPIC I.-ki?Y DI:SIGNA'I'IONS: Unless otherwise
expressly set forth in this Agreement. each party hereto spccilicall}• waives an. and all
beneficiary rights and any anti all rights as :t sur•iwirtg spouse in and to any asset. benefit.
i
policy. annuity or like progr:un or account carrving a beneficiary designation which
I
belongs to the other party under the terms of•this :Agreement. including. but not limited
to. pensions and retirement plans ofany sort or nature. deferred compensation plans. life
insurance policies. annuities. stock accounts. bank accounts, final paychecks or any other
post-death distribution scheme. Each party expressly states that it is his or her respective
intention to revoke by the terms ofthis Aereentent any beneficiary designations naming
the other which are in effect as of the date of execution of this agreement. In the event`
that the beneficiary designation is not formally changed prior to the death of the party.
such that the other party continues to be named as beneficia»• with no alternate
beneficiary otherwise designated. the beneficiary shall be deemed to be the Estate of the
deceased party and all benefits shall be distributed to the personal representative for the
Estate of the deceased party, free of any claim by the other party.
IT AGREE,NIENT BINDING ON HEIRS: This Agreement shall be binding
on and shall inure to the benefit ofthe parties hereto and their respective heirs. executors.
administrators. successors and assigns.
13. TAXES: By this Agreement. the parties have intended to effectuate and by
this Agreement have equally divided their marital property. Tile parties have determined
that such division conforms to a right and.just standard with regard to the rights of each
DATE 05 ::,o? I I
party. The division of existing marital property is not. except as may' be otherwise
expressly provided herein. intended by the parties to constitute in any way a sale or
exchange of assets. and the division is being effected without the introduction of outside
funds or other property not constituting a part of the marital estate. As a part of the equal
division of the marital property' and the marital settlement herein contained. the parties
agree to save and hold each other harmless from all income taxes assessed against the
other resulting from the division of the property as herein provided.
The parties acknowledge that they have filed various joint income tax returns
during the course of their marriage. In tiling each such return. each party has relied
exclusively upon the other party to provide truthful and accurate information relating to
the other party's employment income. business income or deductions., or income from
ther source. In the event that any additional taxes. penalties or interest are assessed
any o
as a result of any such joint return. the pam' responsible for under-reporting income or
claiming any improper deduction shall indemnify and save the other party harmless from
such tax liability, penalties. interest, attorneys fees or accountant`s fees.
19. SUBSEQUENT DIVORCE: Both parties agree to execute Affidavits
of Consent to Divorce and Waivers of Notice of Intention to Request Entry of a Divorce
Decree pursuant to Section 3301( c) of the Divorce Code contemporaneous Nwith the
siening of this Agreement and shall direct their respective counsel to immediately file
with the Court said documents.
DATE: 0>GI?O?
Wife agrees that she shall direct her counsel to
13
immediately file with the Court a Decree in Divorce from the bonds of ntatrimonv under
Section 3301( c) of tltc Divorce COLIC.
20. RREACII: 11'either part. breaches any provision of this Agreement. the
other party shall have the right. at his or her election. to sue for damages for such breach
or seek such other remedies or relief as may be available to him or her. and the party
breaching this contract shall he responsible for payment ofreasonable legal fees and
costs incurred by the other in enl'orcim, their rights under this Agreement.
21. DDII I_H),`:U. INSTRI .'vl ENTS: Each of the parties shall from time to
time. at the rcqucst ol'thc ether. execute. acknowledge. and deliver to the other pare, any
and all I'urthcr inmruntcnts that may lie reasonably required to give full force and effect to
the provisions ol'this \snentcm.
'''_'. VoLl \_I'ARY FAECUTIO\: The provisions of this Agreement and
their Ieual effect lime heen till] explained to the parties by their respective counsel. The
IA,ifc lieu cntplocal and had the benefit of counsel of J. Paul Heivy. Esquire. as her
:utorncy. 'I he I IUShand has employed and had the benefit or counsel of:Vlaria P.
Cou'netti, k"quire, as his attorney. Each pang ackno-,yledLies that he or she has received
independent legal advice from counsel of his or her selection and that each fully
understands the filets and has been fully informed as to his or her legal rights and
ohliuations. and 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
allct• 1MVing rcceivcd such advice and with such knowledge. and that execution of this
14
Agreement is not the result of any duress or undue influence and that it is not the result
of anv collusion or improper or illegal agreement or agreements. Also. each party hereto
acknowledges that he or she has been fully advised by his or her respective attorney of
the impact of the Pennsylvania Divorce Code. whereby the Court has the right and duty
to determine all marital rights of the parties, including divorce. alimony, alimony
pendente lite, equitable distribution of all marital property or property owned or
possessed individually by the other. counsel fees and costs of litigation and, fully
knowing the same and being fully advised of his or her rights thereunder. each party
hereto still desires to execute this Agreement acknowledging that the terms and
conditions set forth herein are fair. just. and equitable to each of the parties and waives
their respective right to have the Court of Common Pleas of Cumberland County or any
other Court of competent jurisdiction to make any determination or order affecting the
respective parties' right to a divorce, alimony, alimony pendente lite, equitable
distribution of all marital property. counsel fees and costs of litigation.
23. ENTIRE AGREEMENT: This Agreement contains the entire
understanding of the parties, and there are no representations. warranties. covenants, or
undertakings other than those expressly set forth herein.
24. NMODIF16ATION AND WAIVER: A modification or waiver of any of
the provisions of this Agreement shall be effective only if made in writing and executed
with the same formalitv as this Agreement. The failure of either party to insist upon strict
15
DATE 05;2 1-03
performance of anv of the provisions of this Agreement shall not be construed as a
waiver of any subsequent default of the same or similar nature.
25. DESCRIPTIVE HEADINGS: The descriptive headings used herein are
for convenience only. They shall have no effect whatsoever in determining the ri_hts or
obligations of the parties.
26. MUTUAL ACCEPTANCE: The parties accept the provisions of this
Agreement in lieu of and in full and final settlement and satisfaction of all claims and
demands that they may now or hereafter have against each other for their support and
maintenance. and also alimony. alimony pendente lite. counsel fees or for any other
provision for their support and maintenance. and also alimony. alimony pendente lite.
counsel fees. costs and expenses and any other charge of any nature whatsoever
pertaining to any divorce proceeding which may have been or may be instituted by the
parties in any court in the Commonwealth of Pennsylvania or any other jurisdiction
and/or any divorce proceeding wvhich may be instituted by either party in any court in the
Commonwealth of Pennsylvania or any otherjurisdiction or any other counsel fees, costs
or expenses incurred or to be charged by an,,' counsel arising in any manner whatsoever
for breach of this Aereement.
27. 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 covenant and agreement.
.:.'.a
DATE. 16
29, APPLIC ABLE LAW: This Agreement shall be construed under the lake's
of the Commonwealth of Pennsylvania.
29. PRIOR AGREEy1E-N'TS: It is understood and auced that and' and all
propem, settlement agreements %%hich may or have been executed prior to the date and
time of this Agreement are null and void and of no effect.
30. VOID CLAUSES: If am term. condition. clause or provision of this
Agreement shall be determined or declared to be void or invalid in late or otherwise. then
only that ten-n. condition. clause or provision shall be stricken from this Agreement and
in all other respects this Agreement shall be valid and continue in Cull force. effect and
operation.
31. DISCLOSURE: The respective parties do hereby %varram. represent. and
declare and do acknoyledge and agree that each is and has been Citlly and completely
informed of and is familiar with and counizant or the wealth, real and, or personal
property. estate and assets. earnings and income of the other and that each has made a
full and complete disclosure to the other of his or her entire assets and liabilities and any
further enumeration or statement thereof in this Agreement is hereby specifically -waived.
and the parties do not .vish to make or append hereto any further enumeration or
statement. Each of the parties hereto further covenants and aurces for himscl f or herself
and his or her heirs. executors. administrators and assigns. that he or she will never. at
any time hereafter. site the other party or his or her heirs. executors. administrators or
assigns, in any action or contention. direct or indirect. that there was any absence or lack
li
DATE. d..'1 03
of full disclosure. fraud. duress. undue influence. or that there was any absence or lack of
full. proper. and independent representation.
IN WITNESS WHEREOF, the patties have hereunto set their hands and seals
the day and year first above-written.
RICHARD T. GLAVlANO
?^r?t? ?? ?ILPI•?Z ct, ?.:
LYNN W. GL?.VIANO
DATE. 05,2:.0, Is
WITNESS:
COMNIONVvEAL-fH OP PEN-NSYLVANIA ) SS.:
COUNTY OF
2003. before me. the undersigned
On this the ? day of
officer. personally appeared RICHARD T. GLAVI,\NO. known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument. and
acknowledged that he executed the same for the purpose therein contained.
IN WITNESS WHEREOF. I have hereunto set my hand and notarial seal.
/ /77
Notarial seal
Palmyra Bono. Lebanon County
Nly Commission tWmba:.Penmyt,ann,tal,?.sd pirA A.She?n.Notany Public
My om16, 2006
6cn0-,fNotzoes
COlvINIONWEALTH OF PENNSYLVANIA j SS.:
COUNTY OF
2003. before me. the undersigned
-
On this the dayof
officer. personally appeared LYNN W. GLAVIANO. known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that she executed the same for the purpose therein contained.
IN WITNESS WHEREOF. I have hereunto set m hand and notarial seal.
Nc?-nall Seal
vIy Commission Ex Tres: 1 ahGnC, L. Lang. Nat= Public
p Harrisburg, Dauohln County
ty Commission Expires Aug. 9, 2004
19
DATE 051G1.1)3
EXHIBIT "A"
PERSONALTY WHICH HUSBAND SHALL PROVIDE TO WIFE WITHIN 30
DAYS OF THE SIGNING OF THIS AGREEMENT
Piano
Mother's Hope Chest
Buffet
Mother's Bedroom Dresser with Mirror
Night Stand [that goes with bedroom set]
Wife's ArtFolder
Southern Livine cookbooks
Dining Room Chair [that finishes the set]
Baker's Rack on the Patio
DATE: 05,21,03
?0
I
LYNN W. GLAVIANO,
Plaintiff
VS.
RICHARD T. GLAVIANO,
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in
the foregoing pages, you must take prompt action. You are warned that if you fail to do so,
the case may proceed without you and a decree in divorce or annulment may be entered
against you by the court. A judgment may also be entered against you for any other claim
or 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 the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available in
the Office of the Prothonotary at:
1 IN THE COURT OF COMMON
1 PLEAS OF CUMBERLAND COUNTY,
1 PENNSYLVANIA
1
CIVIL ACTION - LAW
1 NO. ?lf- l S? CIVIL TERM
1 IN DIVORCE
Office of the Prothonotary
1 Courthouse Square
Cumberland County Court House
Carlisle, Pennsylvania 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S
FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE
THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pa 17013
Telephone (717) 249-3166
ij
LYNN W. GLAVIANO, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs. )
CIVIL ACTION - LAW
RICHARD T. GLAVIANO, ) NO. `/ % CIVIL TERM
Defendant )
IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in a divorce proceeding filed
in the Court of Common Pleas of Cumberland County. This notice is to advise you that in
accordance with Section 3302(d) of the Divorce Code, you may request that the court
require you and your spouse to attend marriage counseling prior to a divorce being handed
down by the court. A list of professional marriage counselors is available at the Domestic
Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this
list is kept as a convenience to
you and you are not bound to choose a counselor from this
list. All necessary arrangements and the cost of counseling sessions are to be borne by you
and your spouse.
If you desire to pursue counseling, you must make your request for counseling within
twenty days of the date on which you receive this notice. Failure to do so will constitute a
waiver of your right to request counseling.
i?
LYNN W. GLAVIANO,
Plaintiff
VS.
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 4- 6 j •-' ?' CIVIL TERM
RICHARD T. GLAVIANO,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes the above-named Plaintiff, LYNN W. GLAVIANO, by her attorney,
1 Samuel L. Andes, and makes the following Complaint in Divorce:
1. The Plaintiff is LYNN W. GLAVIANO, an adult individual who currently resides at
528 Penn Ayr Road in Camp Hill, Cumberland County, Pennsylvania.
2. The Defendant is RICHARD T. GLAVIANO, an adult individual who currently
resides at 528 Penn Ayr Road in Camp Hill, Cumberland County, Pennsylvania.
3. Both the Plaintiff and Defendant have been bona fide residents of the Common-
wealth of Pennsylvania for at least six months immediately previous to the filing of this
Complaint.
4. The Plaintiff and Defendant were married on 10 May 1974 in New Orleans,
Louisiana.
5. There have been no prior actions of divorce or annulment between the parties.
6. This marriage is irretrievably broken.
7. Plaintiff has been advised of the availability of marriage counseling and the
Plaintiff may have the right to request that the Court require the parties to participate in
counseling.
COUNT I - IRRETRIEVABLE BREAKDOWN
8. The Plaintiff requests this Court to enter a Decree of Divorce.
WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to
the Divorce Code of Pennsylvania.
COUNT II - EQUITABLE DISTRIBUTION
9. During the course of the marriage, the parties have acquired numerous items of
property, both real and personal, which are held in joint names and in the individual names
of each of the parties hereto.
WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by
the Defendant, to equitably divide the property, both real and personal, owned by the
parties hereto as marital property.
j COUNT III - ALIMONY
10. Plaintiff lacks sufficient property to provide for her reasonable needs in
accordance with the standard of living of the parties established during the marriage.
11. Plaintiff is unable to support herself in accordance with the standard of living of
the parties established during the marriage through appropriate employment.
12. The Defendant is employed and enjoys a substantial income from which he is
able to contribute to the support and maintenance of Plaintiff and to pay her alimony in
accordance with the Divorce Code of Pennsylvania.
WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plain-
tiff from Defendant permanent alimony in such sums as are reasonable and adequate to
support and maintain Plaintiff in the station of life to which she has become accustomed
during the marriage.
COUNT IV - ALIMONY PENDENTE LITE
15. Plaintiff is without sufficient income to support and maintain herself during the
pendency of this action.
16. Defendant enjoys a substantial income and is well able to contribute to the
support and maintenance of Plaintiff during the course of this action.
WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her
reasonable alimony pendente lite during the pendency of this action.
COUNT V - COUNSEL FEES AND EXPENSES
17. Plaintiff is without sufficient funds to retain counsel to represent her in th'
s
i
matter.
18. Without competent counsel, Plaintiff cannot adequately prosecute her claims
against Defendant and cannot adequately litigate her rights in this matter.
19. Defendant enjoys a substantial income and is well able to bear the expense of
Plaintiff's attorney and the expenses of this litigation.
WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal
fees and expenses incurred by Plaintiff in the litigation of this action.
I verify that the statements made in this Complaint are true and correct. I understand
that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904
(unsworn falsification to authorities).
DATE: 1? C? ctn.
LYNN W. GLAVIANO
Samuel L. Andes
Attorney for Plaintiff
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
LYNN W. GLAVIANO,
Plaintiff
VS.
RICHARD T. GLAVIANO,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99.6828 CIVIL TERM
IN DIVORCE
ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE
I hereby enter my appearance for the Defendant, Richard T. Glaviano, in the above-
captioned action. I acknowledge receipt of a true and correct copy of the Complaint in
Divorce filed in the above action on behalf of the Defendant on 1999.
Maria P. ognet i
200 North Third treet, 12" Floor
P.O. Box 689
Harrisburg, PA 17108-0689
Supreme Court ID #,;?79/y
C?,
c -
?? c? U
THE LAW FIRM OF
KILLIAN'& GEPHART
216 PINE STREET -
e. O. OOx 666
IARRISBURG. PENNSYLVANIA 17108.0886
LYNN W. GLAVIANO
I'laintill'
V.
RICHARD -f. GLAVIANO
Derendant
IN TI IF COURT. OF COMMON PLEAS ON
CUMBERLAND COUN'T'Y. PENNSYLVANIA
NO. 99-6929
CIVIL ACTION - LAW
IN DIVORCE:
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) olthe Divorce Code was
tiled on November 10, 1999.
2. The marriage orplaintirrand defendant is irretrievably broken and ninety
(90) days have elapsed from the date orthe filing and service or the Com-
plaint.
3. I consent to the entry ora final decree oldivorce alter service or notice or
intention to request entry orthe decree.
I verify that the statements made in this aflidavit are true and correct. I understand
that false statements herein are made suhjcct to the penalties or 19 Pa.C.S.A. Section
4904 relating to unsworn Falsification to authorities.
Dated: 06/04/03 /^µ^J ??1' ?'t
Ly1 n W. Glaviano
m,.
THE LAW FIRM OF
KILL:IAN `&GEPHART
210'FINE STREET
R o. Box BBe
HARRISBURG. PENNSYLVANIA 17108.0886
LYNN W. GLAVIANO
Plaintill,
V.
RICHARD T. GLA VIANO
Defendant
,I_ - I ED COPY.
IN TI III COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PI-NNSYLVANIA
NO. 99-6828
CIVff, ACTfON - LAW
IN DIVORCE;
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER W01(c) OF THE DIVORCE CODE
I . I consent to the entry of a final decree of divorce without notice.
2. 1 understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if '1 do not claim them before a divorce
is granted.
3. 1 understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after
it is filed with the prothonotary.
I verify that the statements made in this affidavit arc true and correct. I understand
that false statements herein arc made subject to the penalties of 18 Pa.C.S.A. Section
4904 relating to unsworn falsification to authorities.
Dated: 06/04/03 ?^- I 11) \l &,ri ?(I )
Lynn V. Glaviano \ly
{j
i"
i!
I
?j aZ
THE LAW FIRM OF
KILLIAN_& GEPHART
21N PINt CET-
P.O. BOx Bea -
HARRISBURG, PENNSYLVANIA 17100.0886
LYNN W. GLAVIANO,
Plaintiff
V.
RICHARD T. GLAVIANO
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-682S CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE:
AFFIDAVIT' OF CONSENT
A Complaint in Divorce under Scction 3301(c) of the Divorce Code was filed on
November 10, 1999.
?. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90)
days have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request envy 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 I s Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: S/ .3 /p 3 -
RICHARD T. GLAVIANO, Defendant
- ;,
-?
-- _.. J
LYNN W. GLAVIANO,
Plaintiff
V.
RICHARD T. GLAVIANO
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6828 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
1VAI VE.R OF NOTICE, OF INTENTION TO REQUEST ENTRY
OF DIVORCE, DECREE UNDER
§ 3301(c)OFTHE DIVORCE CODE
I consent to the entry ofa final Decree of Divorcc without notice.
2. I understand that I may lose rights conceming alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
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.
1 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 unsworn
falsification to authorities.
DATE: S /-) 3 /0 3 H UGC N
RICHARD T. GLAVI NO, Defendant ?cJ
."W
LYNN W. GLAVIANO : IN'I'HE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA
V. : NO. 99-6828
RICHARD T. GLAVIANO : CIVIL ACTION - LAW
Del'endant : IN DIVORCE
PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT made this ?_ day of , 2003, by and
between RICHARD T. GLAVIANO of 528 Penn Ayr Road. Camp Hill, Cumberland
County. Pennsylvania 17011, (hereinafter referred to as "Husband"), and LYNN W.
GLAVIANO of 66 Old Pioneer Road. Camp Hill. Cumberland County, Pennsylvania
17011. (hereinafter referred to as "Wife"),
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on May 10. 1974; and
WHEREAS, there are four children of this marriage: Stephen R. Glaviano, bom
on Februarv 19. 1986: Lauren M. Glaviano. bom on December 26, 1989; Kathryn E.
Glaviano, born on Jul), 9, 1991:. and Meehan L. Glaviano, born on July 19, 1996: and
WHEREAS, differences have arisen between Husband and Wife in consequence
of which they have been separate and apart from each other: and
NOW, THEREFORE, the parties intending to be legally bound hereby do
covenant and auree:
DATE 05121,03
1. SEPARATION: It shall be lawful for each party at all times hereafter to
live separate and apart from the other party at such place as he or she may from time to
time choose or deem lit. The foregoing provisions shall not be taken as an admission on
the part of either party of the lawfulness or unlawfulness of the causes leading to their
living apart.
2. INTERFERENCE: Each party shall be free from interference, authority.
and contact by the other, as fully as if he or she were single and unmarried except as may
be necessary to carry out the provisions of this Agreement. Neither party shall molest the
other or attempt to endeavor to molest the other, nor compel the other to cohabit with the
other, or in any way harass or malign the other. nor in any way interfere with the peaceful
existence, separate and apart from the other. and each of the parties hereto completely
understand and agree that neither shall do or say anything to the children of the parties at
any time which might in any way influence the children adversely against the other party.
3. WIFE'S DEBTS: Wife represents and warrants to Husband that since the
date of separation of November 10, 1999. she has not and in the future she will not
contract or incur any debt or liability for which Husband or his estate might be
responsible and shall indemnik' and save hamiless Husband from any and all claims or
demands incurred by her.
4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that
since the date of separation of November 10. 1999. he has not and in the future he will
not contract or incur any debt or liability for which Wife or her estate might be
DATI3 05,:1:03
responsible and shall indemnify and save harmless Wife from any and all claims or
demands made against her by reason of debts or obligations incurred by him.
5. OUTSTANDING.JOINT DEBTS: The parties have agreed that Wife
shall be fully responsible and shall indemnify Husband from any responsibility for the
parties' Citibank credit card debt. The parties have agreed that Husband shall be fully
responsible and shall indemnify Wife from any responsibility for the parties' USAA Visa
credit card debt.
All other debts, contracts. obligations or liabilities incurred at any time in the past
by either of the parties 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 saved 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 appertaining to such actions, claims and demands. Neither party
shall. after the date of this Agreement, contract or incur any debt or liability for which the
other or his or her property might be responsible. and shall indemniy, and save harmless
the other from anv and all claims or demands made against her or him by reason of debts
or obligations incurred by her or him and from all costs. legal costs and counsel fees
unless provided to the contrary herein.
DATE. OSCb07
MUTUAL RELEASE: Subject to the provisions of this Agreement. each
party has released and discharged, and by this Agreement does for himself or herself and
his or her heirs. legal representatives, executors. administrators and assiuns. release and
discharge the other of and from all anises of action. claims. rights, or demands.
whatsoever in law or equity. which either of the parties ever had or now has against the
other. except any or all causes of action for termination of the marriage by divorce or
annulment and except for all causes of action for breach orally provisions of this
Agreement. Husband and Wife specifically release and waive any and all rights he or she
mieht have to raise claims under the Divorce Code and any amendments thereto
including, but not limited to claims for equitable distribution of marital property. support.,
alimony, alimony pendente lite, counsel fees or expenses. The parties agree that the
moving parry in any divorce action which has been or which will be commenced shall
request the Court to incorporate, but not merge. this Agreement into any divorce decree.
If this Agreement is incorporated into a divorce decree. the parties shall have the right to
enforce this Agreement under the Divorce Code and any amendments thereto in addition
to any remedies in law or equity and these enforcement rights are not waived or released
by any of the provisions of this Agreement. The ('act that a party brings an action to
enforce the property agreement as incorporated in the divorce decree does not give either
party the right to raise other claims under the Divorce Code specifically waived and
released by this paragraph. and all rights and obligations of the parties arising out of the
marriage shall be determined by this Agreement.
ogre osr_i;u;
7. DIVISION OF PERSONAL PROPERTY: Except for the items set forth
in Exhibit "A" attached hereto. which Flusband agrees to provide to Wife within 30 days
of the signing of this Agreement. the parties have divided between them. to their mutual
satisfaction. the personal effects. household furniture and furnishings. and all other
articles of personal property which have theretofore been used by them in common. and
neither party will make any claim to any such items which are now in the possession or
under the control of the other. Should it become necessary, the parties each agree to sign
any titles or documents necessary to give effect to this paragraph upon request.
3. NATURE OF PROPERTY DIVISION: The parties believe and agree.
and have been so advised by their respective attorneys. that the division of property
heretofore made by this Agreement. is a nontaxable division ol'property bet'.veen co-
owners rather than a taxable sale or exchange of such property. Each party, promises not
to take any position with respect to any other issue which is inconsistent with the position
set forth in the preceding sentence on his or her Federal or State Income Tax Returns.
9. DIVISION OF REAL PROPERTY:
A. Wife agrees to transfer all right, title and interest in and to the real
estate situated at 523 Penn Ayr Road. Camp Hill. Pennsylvania 17011. now titled in the
name of Husband and Wife as tenants by the entireties to the Husband and agrees to
immediately execute now or in the future anv and all deeds. documents. or papers
necessan- to effect such transfer of title upon request. Wire further acknowledges that
she has no claim. right. interest. or title whatsoever in said property and further agrees
DATE" 05;21;0;
never to assert any claim to said property in the future. Husband agrees to be fully
responsible and to indemnifi• and hold Wifc harmless from an- and all liability associated
with said real estate including. but not limited to. any liens. taxes orjudgments against
said property.
H. Husband agrees to transtcr all right, title and interest in and to the
real estate situated at 66 Old Pioneer Road. Camp Hill. Pennsylvania 17011. now titled in
Wife's name alone. to Wife and agrees to immediately execute now or in the luture any
and all deeds, documents. or papers necessary to effect such transfer of title upon request.
Husband further acknowled!*es that he has no claim. right. interest. or title whatsoever in
said property and further agrees never to assert any claim to said property in the future.
Wife agrees to be fully responsible and to indemnif}• and hold Husband harmless from
any and all liability associated with said real estate including. but not limited to. an),
liens. taxes or judgments against said property.
C. Husband agrees to transfer all right. title and interest in and to any
and all real property located in the State of Alabama which Wife inherited from her
mother and agrees to immediately execute now or in the future anv and all deeds.
documents. or papers necessary to effect such transfer of title upon request. Husband
further acknowledges that he has no claim. right. interest, or title whatsoever in said
property and further agrees never to assert any claim to said property in the future. Wife
agrees to be fully responsible and to indemnify and hold Flusband harmless from any and
DATE 05 =1,03
all liability associated with said real estate including, but not limited to. anv liens, taxes
orjudgments aeainst said property.
10. FINANCIAL ASSETS:
A. Wife agrees that she shall transfer any and all right, title and interest
in and to the following assets to Husband and agrees to hnniediateh' execute now or in
the future any and all documents or papers necessan, to effectuate such transfer:
(1) Any and all shares ofGPU stock owned by Husband:
(2) Any and all shares of tMetLife stock:
(3) PNC Checking Account '51-4016-2266;
(4) PNC Savings Account #51-3018-4955:
(5) PNC Money INlarket Account `50-0199-2753:
(6) Utilities Federal Credit Union Account 3990-14.
(7) Navy Federal Credit Union Account ~363944-000: and
(8) The parties' 1999 income tax refund.
B. Husband agrees that he shall transfer any and all right. title and
interest in and to the following assets to Wife and agrees to immediately execute now or
in the future any and all documents or papers necessary to effectuate such transfer:
(1) Commerce Checkine Account =0032003402:
(2) Navy I-ederal Credit Union Account; 363944-109:
(3) Any and all shares of E:axon stock: and
(4) Any and all interest the parties have in the ANICAP Fund.
UATIit 05/'-1,03
i
J
II. DIVISION OF PENSIONS DEFERRED SAVINGS PLANS, IRAs
AND LIFE INSURANCE:
A. Wife agrees that she shall transler any and all right. title and interest in
and to the following assets to Husband and agrees to immediately execute now or in the
future anv and all documents or papers necessary to effectuate such transfer:
(1) Husband's American Express IRA:
(2) Husband's Navy Federal Credit Union IRA Acct- :'363944-
901-0001: and
(3) Metropolitan Life Insurance Policy n740520904A.
Q. Husband agrees that lie shall transfer any and all right. title and
interest in and to the followin- assets to Wife and agrees to immediately execute now or
in the future any and all documents or papers necessary to effectuate such transfer:
(l) Wife's American Express IRA: and
(2) Wife's Navy Federal Credit Union IRA Acct. 4363944-919-
0001.
C. With regard to Husband's GPU 401(k). Husband agrees that he shall
transfer S105.332 from said 401(k) into an IRA in Wife's name alone. The parties agree
that Harry M. Leister. Jr.. F.S.A., shall prepare the necessary Domestic Relations Order
to effectuate said transfer and that they shall split Mr. Leister's fee associated with the
preparation of the transfer documents.
S
DATE: 05,=1.63
D. With regard to Husband's GPU pension. the parties have agreed that
said pension shall be distributed on a 50150 basis such that the actuarial equivalent of one
half of Husband's pension shall be payable to Wife based on her life expectancy. The
parties agree that Harry N1. Leister. Jr.. F.S.A.. shall prepare the necessary Domestic
Relations Order to effectuate said transfer and that they shall split Mr. Leister's fees
associated with the preparation of said Domestic Relations Order. The parties further
agree that said Domestic Relations Order shall specify that: (1) in the event that Husband
dies prior to said pension going into pay status. Wife shall receive the pre-retirement
survivor benefit based upon the pension earned during the marriage: and (2) in the event
that Wile predeceases Husband. and neither Husband nor Wife have commenced their
benefits under the plan. Wife's portion of said benefits shall become payable to Wife's
estate but only to the extent permitted under the terms of the plan.
12. AUTOMOBILES:
A. Husband agrees to transfer all his right, title and interest, whatever it
may be, to a 1997 Chrysler minivan to Wife. Wife agrees that she shall be fully
responsible for any debt associated with said vehicle and shall indemnify and hold
Husband harmless for any responsibility for the debt associated with said vehicle.
B. Wife agrees to transfer all her right, title and interest whatever it may
si
be to 1998 Mercurv Sable to Husband. Husband agrees that he shall be fully responsible
for anv debt associated with said vehicle and shall indenmiN and hold Wife harmless for
any responsibility for the debt associated with said vehicle.
DATE: 05121!03
9
A
13. ALIMONY: The parties agree that Husband's existing spousal support
obligation shall terminate on May 15. 2003. The parties further agree that Husband shall
pay Wife spousal support/alimonv in the amount of 5300 per month for a period often
years commencing May 16.2003. The parties agree that said alimony payments shall be
made through the Domestic Relations Office. Husband agrees to sign and/or have his
counsel sign any and all documents necessary to enter a Domestic Relations Order
consistent with this provision.
The payments to Wife of alimony as set forth herein shall continue until May 15,
2013, unless one of the following shall occur, in which event the alimony shall terminate
immediately upon: (1) death of either party: (2) remarriage of Wife: or (3) cohabitation
of Wife with a person of the opposite sex who is not a member of the family of Wife
within the degrees consanguinity as contemplated in 23 Pa.C.S.A. j 3706. The parties
further agree that this alimony award shall not be modifiable.
14. CHILD SUPPORT: The parties acknowledge that Wife is the primary
custodian of Lauren. Kathrvn and Meehan and that Husband is the primary custodian of
Stephen. Based upon this custodial arrangement. the parties agree that effective May 16,
2003. Husband's child support obligation shall be modified to S 1,000 per month. The
parties acknowledge that this child support is based upon an eaming capacity for
Husband of 553,000 per year and for Wife of $20.000 per year.
DATE: 03121,03 10
The parties agree that child support shall be paid through the Domestic Relations
Office pursuant to a Domestic Relations Order which shall also require Husband to be
solely responsible for the first S250 of utire imbursed medical expenses per year for
Stephen and Wife to be responsible for the first S250 of unreimbursed medical expenses
for Lauren, Kathrvn and Meahan: thereafter. Husband shall be required to pay 70% of
the unreimbursed medical expenses for each of the panics' four children. and Wife shall
be required to pay 30% of the unreimbursed medical expenses for each of the parties'
four children.
Both parties agree to sign the necessary documents to effectuate the terms of this
provision.
15. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein
otherwise provided. each party may dispose of his or her property in any way. and each
party hereby waives and relinquishes any and all rights he or she may now have or
hereafter acquire, under the present or future lays of any jurisdiction, to share in the
property or the estate of the other as a result of the marital relationship, including without
limitation, dower. curtesv. statutory allowance. widow's allowance. right to take in
intestacv. right to take against the Will of the other. and right to act as administrator or
executor of the other's estate. and each will. at the request of the other, execute.
acknowledge. and deliver anv and all instruments which may be necessary or advisable to
carry into effect this mutual waiver and relinquishment of all such interests, rights and
claims
DATr. oeG,ni
16. WAIVER OF BENEFICIARY DESIGNATIONS: Unless otherwise
expressly set forth in this Agreement. each party hereto specifically waives any and all
bencficiarv rights and any and all rights as a surviving spouse in and to any asset. benefit.
policy. annuity or like program or account carrying a beneficiary designation which
belongs to the other party under the terms of this Agreement. including, but not limited
to, pensions and retirement plans or any sort or nature. deferred compensation plans. life
insurance policies. annuities, stock accounts. bank accounts, final paychecks or any other
post-death distribution scheme. Each party expressly states that it is his or her respective
intention to revoke by the terms of this Agreement any beneficiary designations naming
the other which are in effect as of the date of execution of this agreement. In the event
that the beneficiary designation is not fnnnally changed prior to the death of'the party.
such that the other party continues to be named as beneficiary with no alternate
beneficiary otherwise designated. the beneficiary shall be deemed to be the Estate of the
deceased party and all benefits shall be distributed to the personal representative for the
Estate of the deceased party. free of any claim by the other party.
17. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding
on and shall inure to the benefit of the parties hereto and their respective heirs. executors.
administrators. successors and assigns.
18. TAXES: By this Agreement. the parties have intended to effectuate and by
this Agreement have equally divided their marital property. The parties have determined
that such division conforms to a right and just standard with regard to the rights of each
12
DAM 05r I iO3
party. "file division of existin<l marital property is not. except as ma" be othcnWise
expressly provided herein. intended by the parties to constitute in any way a sale or
exchange of assets. and the division is being effected without the introduction of outside
funds or other property not constituting a part of the marital estate. As a part of the equal
division of the marital property and the marital settlement herein contained. the parties
agree to save and hold each other harmless from all income taxes assessed against the
other resulting from the division of the property as herein provided.
The parties acknowledge that they have filed various joint income tax returns
during the course of their marriage. In filing each such return. each part' has relied
exclusively upon the other party to provide truthful and accurate information relating to
the other party's employment income. business income or deductions. or income from
any other source. In the event that an), additional taxes. penalties or interest are assessed
result of any such joint return. the parry responsible for under-reporting income or
as a
claiming any improper deduction shall indemnify and save the other party harmless from
such tax liabilit'. Penalties. interest. attorney's fees or accountant's fees.
19. SUBSEQUENT DIVORCE: Both parties agree to execute Affidavits
of Consent to Divorce and Waivers of Notice of Intention to Request Bntry of a Divorce
Decree pursuant to Section 3301( 0 of the Divorce Code contemporaneous with the
signing of this Agreement and shall direct their respective counsel to immediately file
with the Court said documents. Wife agrees that she shall direct her counsel to
13
DAM 0;/21;0,
immediately file with the Court a Decree in Divorce from the bonds of nlatrintony under
Section 3301( c) of the Divorce Code.
20. BREACH: If either party breaches any provision of this Agreement, the
other party shall have the right. at his or her election. to sue for damages for such breach
or seek such other remedies or relief as may be available to him or her, and the party
breaching this contract shall be responsible for payment of reasonable (coal fees and
costs incurred by the other in enforcing their rights under this Agreement.
21. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to
time. at the request of the other, execute. acknowledge. and deliver to the other party any
and all further instruments that may be reasonably required to give full force and effect to
the provisions of this Agreement.
22. VOLUNTARY EXECUTION: The provisions of this Agreement and
their legal effect have been frilly explained to the parties by their respective counsel. The
Wife has employed and had the benefit of counsel of J. Paul Helvy, Esquire, as her
attomev. The Husband has employed and had the benefit of counsel of Maria P.
Cognetti, Esquire. as his attorney. Each parry acknowledges that he or she has received
independent legal advice 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, and 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
DATE. 05i=1101 14
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. Also. each party hereto
acknowledges that he or she has been fully advised by his or her respective attorney of
the impact of the Pennsylvania Divorce Code. whereby the Court has the right and duty
to determine all marital rights of the parties. including divorce, alimony, alimony
pendente lite. equitable distribution of all marital property or property owned or
possessed individually by the other. counsel fees and costs of litigation and. fully
knowing the same and being fully advised of his or her rights thereunder, each party
hereto still desires to execute this Agreement acknowledging that the terns and
conditions set forth herein are fair. just. and equitable to each of the parties and waives
their respective right to have the Court of Common Pleas of Cumberland County or any
other Court of competent jurisdiction to make any determination or order affecting the
respective parties' right to a divorce. alimony. alimony pendcnte lite, equitable
distribution of all marital property. counsel fees and costs of litigation.
23. ENTIRE AGREEMENT: This Agreement contains the entire
understanding of the parties, and there are no representations, warranties. covenants. or
undertakings other than those expressly set forth herein.
24. MODIFICATION AND WAIVER: A modification or waiver of any of
the provisions of this Agreement shall be effective only if made in writing and executed
with the same formality as this Agreement. The failure of either party to insist upon strict
DA'ra. osn_ i,o;
15
performance of any of the provisions of this Agreement shall not be construed as a
waiver of any subsequent default of the same or similar nature.
?j, DESCRIPTIVE HEADINGS: The descriptive headings used herein are
effect whatsoever in determining the rights or
for convenience only. They shall have no
obligations of the parties.
26. MUTUAL ACCEPTANCE:
The parties accept the provisions of this
Aareement in lieu of and in full and final settlement and satisfaction of all claims and
demands that they may now or hereafter have against each other for their support and
I alimony pendente lite. counsel fees or for any other
maintenance, and also alimom ,
cc. and also alimony. alimony pendente lite.
provision for their support and maintenan
counsel fees, costs and expenses and any otter charge of any nature whatsoever
pertaining to any divorce proceeding
which may have been or may be instituted by the
in any court in the Commonwealth of Pennsylvania or any other jurisdiction
and/or parties her
part any divorce proceeding which may be instituted by either party in any court in the
other jurisdiction or any other counsel fees
Commonwealth , costs
of Pennsylvania or any
or expenses incurred or to be charged by any counsel arising in any manner whatsoever
for breach of this Agreement.
27. 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 covenant and agreement.
16
UATe 051'1'03
28. APPLICABLE LAW: This Agreement shall be construed under the laws
of the Commonwealth of Pennsvlvania.
29. PRIOR AGREEMENTS: It is understood and agreed that any and all
property settlement agreements which may or have been executed prior to the date and
time of this Agreement arc null and void and of no effect.
30. 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.
31. DISCLOSURE: The respective parties do hereby warrant, represent, and
declare and do acknowledge and agree that each is and has been fully and completely
informed of and is familiar with and cognizant of the wealth, real and/or personal
property, estate and assets, earnings and income of the other and that each has made a
full and complete disclosure to the other of his or her entire assets and liabilities and any
further enumeration or statement thereof in this Agreement is hereby specifically waived,
and the parties do not wish to make or append hereto any further enumeration or
statement. Each of the parties hereto further covenants and agrees for himself or herself
and his or her heirs, executors, administrators and assigns, that he or she will never, at
any time hereafter, sue the other party or his or her heirs, executors, administrators or
assigns, in any action or contention, direct or indirect, that there was any absence or lack
DATE: osa 1103 17
of full disclosure, fraud, duress. undue influence. or that there was any absence or lack or
full, proper, and independent representation.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
the day and year first above-written,
WITNESS:
DATE: 05G 1103
RICHARD T. G LAV I
a A^ D l' ??
LYNi W. GLAVIANO
IS
/A
COMMONWEALTH OF PENNSYLVANIA )
r? ) SS.:
COUNTY OF ua fwa rkC'n oQ )
,eo
On this the day of J7' LU. .200'. before me. the undersigned
officer, personally appeared RICHARD T. GLAVIANO. known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument. and
acknowledged that he executed the same for the purpose therein contained.
IN WITNESS WHEREOF. I have hereunto set my hand and notarial seal.
My Commission Expi colary Pudic
non Courly
s
May 16.2006
zsaaatlon Of Nafaries
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF SS.:
On this the day of 2003. before me. the undersigned
officer, personally appeared LYNN W. GLAVIANO. known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument. and
acknowledged that she executed the same for the purpose therein contained.
IN WITNESS WHEREOF. I have hereunto set my hand and notarial seal.
&'z
My Commission Expires:
DA I L' ns,21,03
Nolarial SoaEmunty
Rhonda L. Lang, Notc
Harrisburg, Cauphin My Commission Expiros 00a
19
,I
EXHIBIT "A"
PERSONALTY WHICH HUSBAND SHALL PROVIDE TO WIFE WITHIN 30
DAYS OF THE SIGNING OF THIS AGREEMENT
Piano
Mother's hope Chest
Buffet
Mother's Bedroom Dresser with Mirror
Night Stand [that goes with bedroom sett
Wire's Art Folder
Southern Living cookbooks
Dining Room Chair [that finishes the set]
Baker's Rack on the Patio
20
DAFE 05¢1,0;
.l
LYNN W. GLAVIANO,
Plaintiff,
VS.
RICHARD T. GLAVIANO,
Defendant
* IN THE COURT OF COMMON PLEAS
* CUMBERLAND COUNTY,
* PENNSYLVANIA
*
* NO. 99-6828
*
* CIVIL ACTION - LAW
* IN DIVORCE
ORDER
AND NOW,,, this or -?'?n day of 2002,
?Azle?? , is hereby appointed Master in Divorce.
BY THE COURT:
•J.
G?kL l0 ? RK?
I..? e Al
1 ? _ .. ?
.\I'
.. i..L..........
LYNN W. GLAVIANO, * IN THE COURT OF COMMON PLEAS
Plaintiff, * CUMBERLAND COUNTY,
* PENNSYLVANIA
*
VS. * NO. 99-6828
*
RICHARD T. GLAVIANO, * CIVIL ACTION - LAW
Defendant * IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
Lynn W. Glaviano, Plaintiff /Petitioner, moves the Court to appoint a
master with respect to the following claims:
( X) Divorce
( ) Annulment
( X ) Alimony
( X ) Alimony Pendente Lite
( X) Distribution of Property
( ) Support
( X) Counsel Fees
( X) Costs and Expenses
and in support of the Motion states:
1. Discovery is complete as to the claims for which the appointment of
a master is requested.
2. The Defendant has appeared in the action personally or by counsel.
3. The statutory ground for divorce is the two (2) year separation as of
November 19, 1999.
4. The action is contested and no agreement has been reached with
respect to the disputed claims.
5. The action does not involve complex issues of law or fact.
6. The hearing is expected to take one ((1) day. _
Edward -Jl eintraub, Esquire
Attorney for Plaintiff /Petitioner
Date: J ' c
?J
?! 'f:]
?. ? 1
JILT
1;..
~ .J
?? ;J
r-
I I M"PLEAMSC. nann.-Nrmnin lm u, d".,.,W IMnnner v, iwr.
LYNN W. GLAVIANO. : IN fl-113 COUR-f OP COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA
V. : NO. 99-6828 CIVIL TERM
RICIJARD 1'. GLAVIANO, : CIVIL ACTION - LAW
Derendant : IN DIVORCE
ORDER
AND NOW, to wit, this d day of' -pc-e,,,.G*r . 1999, it is hereby
ORDERED AND DL'-CREED that the Plaintiff: Lynn W. Glaviano, and the Defendant,
Richard T. Glaviano, are required to undergo three (3) counseling sessions under the
supervision of a qualified professional who shall be selected at the option of the parties or
from the list provided by this Court. "I he counseling sessions shall be held %vithin the
ninety (90) day period following the filing of the above-captioned Complaint in Divorce.
BY THE COURT:
R fS.g
J.
. A
II OPIiJ'LG\ItlS(?pLmn^-'n"". fm unnnAmp ,,1
LYNN W. GLAVIANO.
I'laintiff
V.
RICHARD T. GLAVIANO.
Defendant
Ilrytn?b.?r 7, I?YYI
IN THE COUR'T' OP COMMON PLEAS OP
CUMBERLAND COUN'T'Y, PENNSYLVANIA
NO. 99-6828 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
RULE TO SHOW CAUSE
AND NOW, to wit. this _ day of .1999. upon consideration ol'the
foregoing Petition, a Rule is hereby issued f'or the Plaintill'to show cause, if any, why the
above-named parties should not undergo three (3) counseling sessions under the
supervision or a qualified professional.
RULE RETURNABLE days from service thereof.
BY THE COURT:
LYNN W. GLAVIANO.
Plaintiff
RICHARD T. GLAVIANO.
Defendant
Ik¢1T1kf v, sari
IN TI IE COURT OI: COMMON PLEAS OI'
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 99-6828 CIVIL. TERM
CIVIL ACTION - LAW
IN DIVORCE
PETITION FOR COUNSELING
AND NOW. comes the Defendant, Richard T. Glaviano, by and through his
attorney, Maria P. Cognetti, Esquire, and files the following Petition for Counseling and
respectfully represents as follows:
Richard T. Glaviano is the Defendant in the above-captioned divorce action.
2. Lynn W. Glaviano is the Plaintiff in the above-captioned divorce action.
3. The Complaint in Divorce filed by Plaintill'was brought pursuant to Section
3301(c) of the Pennsylvania Divorce Code.
4. Defendant is not of the belief that the said marriage is irretrievably broken.
5. Defendant believes that the use orcounseling may encourage and indeed
ellect a reconciliation of the parties and thereby preserve the family unit.
11 \\1'pl'LI[,\I)1ACNlnu?n - P'4ium for cum¢imy.jW
Dxo.b" 7. Y>•x!
WHEREFORE-, Defendant respectlully requests his Honorable Court enter an
Order requiring the parties to undergo counseling.
Respectfully Submitted,
Dated: December 1999 / ???Gf?C O tL?CJ
Maria P. Co netti. Es(u' e
Sup. Ct. I.D. #27914
200 North Third Street
Twclfih Floor
P.O. Box 689
Harrisburg, PA 17108-0689
(717) 232-2103
11 t\\'li I'Lli.\I16(i pln unn • amuv ?-fi..nw.. .....Prom xIM
VERIFICATION
I, Richard T. Glaviano, hereby verily and state that the facts set forth in the
I'1,11
foregoing document are true and correct to the best of my information. knowledge and
belief. I understand that false statements herein are made subject to the penalties of 18
Pa. C.S.A. §4904 relating to unsworn verification to authorities.
RICHARD T. GLAVIANO
DA-rE: /-P-.3-'/5
111Wy PLEA DINC' 11111t., • pnnnm iiv Rnin.ernx -If PaemhR ], I1rro
CERTIFICATE OF SERVICE
I, Maria P. Cognetti, Esquire. Attorney 1'or Defendant herein, do hereby certily that
on this date I served the loregoing Petition ror Counseling by depositing a true and exact
copy thercorin the United States mail, first class, postage prepaid, addressed as follows:
Samuel L. Andes, Esquire
525 North Twelfth Street
Lemoyne, PA 17043
Dated: A S2/ ? /
/ (C-?11C U??1
Maria P. Cognetti. 141q hire
Sup. Ct. I.D. #27914
200 North Third Street
Twelfth Floor
P.O. Box 689
Harrisburg. PA 17108-0689
(717) 232-2103
LYNN W. GLAVIANO : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
. CIVIL ACTION - LAW
VS. . No, 99-6828
CIVIL 19
RICHARD T.GLAVIANO IN DIVORCE
Defendant
STATUS SHEET
DATE: I ACTIVITIES:
62- A. I
VIM
1.1 /n...5
eq!
G
(ice..; ?cc?, i; • C i-ate,.: ? a?:?c<-tr..? ? j.
u? •
°) I ?,..z,..c"r .o?7llf.r MGil( rL?/.,-..L./.?•lnc.?
() . J. - / i..,-.. /. ... i,V ...? _ 7
,
LYNN W. GLAVIANO,
Plaintiff
Vs.
RICHARD T. GLAVIANO,
Defendant
TO: Edward J. Weintraub
Maria P. Cognetti
:IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 6828 CIVIL
IN DIVORCE
Attornev for Plaintiff
Attorney for Defendant
DATE: Wednesday, May 29, 2002
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.
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.
TI It-- LAO' FIRM OF
KILLIAN & GGPHART, LLP
218 PINE STRL-• F_T
MOMAS W. SCOr1 0. BOX 886
P
JANE GOWEN PENNY .
I IARRISnURG. FI:NNSY I.VANIA 17108.0886
r-GRRF%CFJ McGOWAN
J PAUL ?ELVY
'
TF LE- PI ION E (717) 232-1851
cONNOa
NVO W.r. J. o
, 17AX NO. (717) 238-0592
HEAVIER Ni I AUs
i mmkill iangepharl.com
.lone ,4.3003
L. Robert clicker. IL Esquire
Off ice of the Divorce Master
Cumberland County Court of Common Pleas
9 North Hanover Street
Carlisle. PA 17013
Re: Lynn Ii! Glnvimro v. Richard T. Gln1*1110
No. 99-6828; In Divorce (Cumberland Co.)
Dear Mr. Clicker:
JOHN U. KILLI AN
SNUniH (;EP11IR1
Enclosed please find two copies orthc lull)'-eXecutcd Property Settlement
Agreement in this matter.
JPH/ph
enclosures
r J. 171 Heivy
l?
cc: Maria P. Cognetti. esquire
Ms. Lynn W. Glaviano
LAW OFFICES OF
EDWARD J. WEINTRAUB & ASSOCIATES
PIL\crICE LIMITED TO FAMILY LAW
2650 N.TH I RDs712E1 r
I IMUZISBURG. PENNSYLVANIA 17 110
(717) 238.2200 F.\s - (717) 23&9250 E-M:ul.. E%VDI\'OIiCE(?I AOL.COat
Edward J. Weintraub
Jennifer L. Frechette'
Ste hanie L. ,blihalko
also admitted VA Bar
MEMORANDUM
TO: Robert E. Elicker, Esquire
Attn: Traci Collier
FROM: Edward J. Weintraub, Esquire
RE: Glaviano
DATE: September 24, 2002
Leval Assistants
isty c unan
IGiren L. Hine
When we called to get an extension until October 4, 2002 (memo also enclosed),
Traci explained that Ms. Cognetti (Candi from her office) had already called seeking an
extension.
I do not oppose their request, but do not want this to be open ended. I will assume
that the new date for both of us is now October 4, 2002, unless you advise me to the
contrary.
EJW/mdl
cc: Maria Cognetti, Esquire (via facsimile)
Lynn Glaviano
DICTATED BUT NOT READ
I
{
LYNN W. GLAVIANO
RICHARD T. GLAVIANO
IN THE COURT OF COMMON PLEAS 01'
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION- LAW
NO. 99 -6828
IN DIVORCE
ORDER AND NOTICE SE'rTING IIF.ARING
TO: Lynn %V. Glaviano
Edward J. Weintraub
Richard T. Glaviano
Maria 1'. Cognetti
Plaintiff
, Counsel for Plaintiff
, Dcfcndant
, Counsel for Defendant
You arc directed to appear for a hearing to take testimony on the outstanding
issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9
North Hanover Street, Carlisle, Pennsylvania, on the 3rd da of
April 2003 at 9:00
y
a.m., at which place
and time you will be given the opportunity to present witnesses and exhibits in support
of your case.
Date of Order and
Notice: 1/2/03
By the Court,
George E. Hoffcr, President Judge
By:
Divorce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE, CARLISLE, PA 17013
TELEPHONE (717) 249-3166
* TESTIMON)' WILL 13E LIIv11TEDTOTHE ISSUES AS OUTLINED INTIiE (RE-
HEARING MEMORANDUM DATED DECEMBER 20, 2002.
THE LAW FIRM OF
KILLIAN & GEPHART, LLP
THOMAS W. SCOTT 218 PINE STREET
JANE GOWEN PENNY P. 0. BOX 886
rERRENCE1.MIGOWAN HARRISBURG,PENNSYI.VANIA 17108-0886
1. PAUL IIELVY .......... OfC"Osd
MICIIAEL J.OrONNOR TELEPHONE (717) 232-1851 JOIIND. KILLIAN
IIENnIER NI. FAUST FAX NO. (717) 238-0592 sSn I'll B. GEPIIART
%mmki I I i angep h art. com
April 17, 2003
E. Robert Elicker, II, Esquire
Office of the Divorce Master
Cumberland County Court of Common Pleas
9 North Hanover Street
Carlisle, PA 17013
Re: Lynn W. Glaviano v. Richard T. Glaviano
No. 99-6828; In Divorce (Cumberland Co.)
Dear Mr. Elicker:
As you are aware, I now represent Ms. Glaviano in the above-captioned divorce
action in which a Master's hearing is currently scheduled for Tuesday, April 29, 2003.
I have discussed this matter with Attomey Cognetti who indicates that she has no
objection to continuing the hearing which is currently scheduled for Tuesday, April 29,
2003, and using that date instead as a settlement conference with counsel and the parties
present. It is my understanding that you also have no objection to converting the April
29, 2003, hearing date into a settlement conference and rescheduling the Master's
hearing for a later date.
Thank you for your cooperation in this matter.
JPH/ph
cc: Maria P. Cognetti, Esquire
Ms. Lynn W. Glaviano
LYNN W. GLAVIANO,
Plaintiff
Vs.
RICHARD T. GLAVIANO,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0. 99 - 6828 CIVIL
IN DIVORCE
RE: Pre-Hearing Conference Memorandum
DATE: Friday, December 20, 2002
THE W. MASTER:
is attorney Edward PJ. Weintraub, and Plaintiff, fora
the Defendant, Richard T. Glaviano, is attorney Maria P.
Cognetti.
A divorce complaint was filed on November 10,
1999, raising grounds for divorce of irretrievable breakdown
of the marriage. Counsel have advised that the parties will
sign and file affidavits of consent and waivers of notice of
intention to request entry of divorce decree so that the
divorce can conclude under Section 3301(c) of the Domestic
Relations Code. Those affidavits and waivers should be filed
no later than the first hearing to be scheduled in these
proceedings.
The complaint also raised economic claims of
equitable distribution, alimony, alimony pendente lite and
counsel fees and expenses. Attorney Weintraub indicated that
he does not anticipate having any testimony on the factor of
marital misconduct as it relates to alimony but he wanted to
reserve the right to raise that issue and advise attorney
Cognetti by the date of the hearing whether he intends to
pursue marital misconduct.
Attorney Samuel L. Andes filed the divorce
complaint in these proceedings and Mr. Weintraub is going to
request that Mr. Andes withdraw his appearance in the action
inasmuch as Mr. Weintraub has entered his appearance on behalf
of the Plaintiff. Mr. Weintraub is also going to file a
praecipe withdrawing wife's counsel fees claim. Mr. Weintraub
indicated that he is not going to withdraw the claim for
expenses.
The were married on M l
separated November 10, 1999. The parties arethenatural, and
parents of four minor children; one of the children is in an
institutional environment presently and the other three
children reside with wife.
1.1
Neither party claims to be employed. Wife
has income of around $2,000.00 a year from her interior design
work and speaking engagements. Otherwise, she has not been in
an employed status for a number of years since she was a bank
teller, approximately 15 years ago. We have an issue with
respect to her earning capacity and attorney Cognetti is going
to state on the record how she intends to pursue that issue
regarding wife's income.
With respect to the husband's income, he
worked as an engineer at Three Mile Island for GPU and was
making anywhere between $60,000.00 to $110,000.00 a year when
he was employed. He has not been employed since 1999. There
is obviously an issue with respect to his earning capacity and
Mr. Weintraub is going to address that issue on the record.
Husband is living off the marital assets and wife also has
taken some advances from the marital estate to sustain her
standard of living. Counsel are going to prepare an exhibit
which we can use to determine hopefully what each party has
removed from the marital estate since the date of separation
to use for their own personal living expenses. We do know
also that husband has been paying wife and the children an
unallocated support payment monthly and that money apparently
has been coming out of the marital estate. Therefore, an
analysis of the withdrawal of funds by both parties from the
marital estate shall be prepared by counsel and submitted at
the hearing for review. Also at that time we will take
testimony regarding the withdrawal of funds from the marital
estate. If counsel wish to offer testimony on the withdrawal
of funds by each of the parties they can do so at the hearing.
Also at the hearing we are going to have the testimony
regarding the earning capacity of the parties and any expert
witnesses which they may wish to offer. Other than the
parties and expert witnesses that may be offered, counsel
should give notice to opposing counsel as to any lay witnesses
which they intend to present at least two weeks prior to the
scheduled hearing. Mr. Weintraub.
MR. WEINTRAUB: We had filed a petition for
discovery and a vocational evaluation and last week Judge Oler
entered an order and we would expect Mr. Glaviano to comply
with that and we can proceed promptly with the evaluation by
i`
! Dr. Anderson and to supply Dr. Anderson with any documents as
I
'i far as current job applications or have counsel supply to us
li
W
any current pending job applications that are related to jobs
which Mr. Glaviano believes might be available for which he
believes he is presently qualified.
We would also ask that counsel advise us of
any health issues which are presently in any way impairing Mr.
Glaviano's earning capacity. He having said in previous
discovery -- it is my belief -- that he had no problems and
then there was some conflicting statements that recently he
has vertigo and some depression, so if there is a claim that
he still has any impairment of earning capacity due to health
reasons, we would like within the next thirty (30) days for
opposing counsel to notify us so that we can pursue a medical
evaluation of Mr. Glaviano to evaluate his health condition.
THE MASTER: However if he agrees to
stipulate to an earning capacity of $80,000.00 annually this
information would not be necessary; is that correct?
MR. WEINTRAUB: That's correct.
THE MASTER: And Ms. Cognetti is going to ask
her client if he will stipulate to that earning capacity of
$80,000.00 annually and if he does, she will notify you and
that will take care of the need for the vocational expert and
any submission of medical records.
(A discussion was held off the record.)
THE MASTER: In the event that counsel are
able to reach a stipulation with regard to earning capacity of
f
the parties without the expert evaluation, and Mr. Weintraub
determines that he does not need to pursue a marital
misconduct issue and counsel are able to determine an
agreement with regard to the amount of alimony based on the
stipulation of earning capacity, then they should provide the
Master a stipulation for the record prior to the hearing or at
the hearing so we do not need to pursue any testimony on the
alimony issues. Once that issue has been either resolved
through the hearing process or through stipulation, then the
Master intends to pursue a valuation of the marital estate,
determine what the assets are for distribution, what the
increase in value of non-marital assets are that either party
has an interest in, and then do the appropriate debits against
each party's interest in the marital estate to determine what
the net distribution ought to be.
Ms. Cognetti, do you want to make a
statement on the record?
MS. COGNETTI: I think it is covered other
than to acknowledge that if we do not stipulate to my client's
earning capacity then we will plan to go forward with our own
vocational evaluation of Ms. Glaviano and as soon as we make
the determination as to whether we are or are not stipulating
to Mr. Glaviano's earning capacity, I will notify Mr.
Weintraub as to the identity of my expert.
THE MASTER: A hearing is scheduled for
1
April 3, 2003, at 9:00 a.m. Testimony will be
the issues as related in this memorandum. Notices
ant to counsel and the parties.
lard J. Weintraub
orney for Plaintiff
is P. Cognetti
orney for Defendant
LYNN W. GLAVIANO, * IN THE COURTOP CONINION PLEAS
Plaintiff, * CUMBERLAND COUNTY, PA
*
Vs, * NO. 99-6828
*
RICHARD T. GLAVIANO, * CIVIL ACTION - LAW
Defendant * IN DIVORCE
p RAECIP E-EOR-NIIHDRAV-DOEA P_P EABA N-C E
Please withdraw my appearance on behalf of Plaintiff, Lynn Glaviano, in the above
captioned matter without prejudice.
Date: 3 ^ _ 2ZD
juel L. An es, Esquire
PJ3AECLP ESOLEN_T_EEZAPP-EARAN"C.E
Please enter my appearance on behalf of Plaintiff, Lynn Glaviano, in the
above captioned matter.
Date: Z--(I !3
I
tti
•.l,
:+r
LYNN W. GLAV IANO
V.
RICHARDT. GLAVIANO
IN ,fI IE COURT of COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. 99 - 6S2S
RESCHEDULED IWARING 'ARI
ORDER AND NO'T'ICE SI'"1'1INC fI , LG
TO: Lynn W. Glaviano
Jennifer L. Frechette
Plaintiff
, Counsel for Plaintiff
Richard T. Glaviano Defendant
Nlaria P. Cognetti Counsel for Defendant
You are directed to appear for a hearing to take testimony on the outstanding
issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9
day of
North Ilanover Street, Carlisle, Pennsylvania, on the ?- which place
April 2003 at 9:00 at
and time you will be given the opportunity to present witnesses and exhibits in support
of your case.
By the court,,
George E. Hoffer, President Judge
Date of Order and
1/29/03 By' - --
Notice: ?- Divorce Master
IF YOU DO NOT IIAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUL BERTY AD ENUG CARLISLE, PA ASSOCIATION
170113
COUNTY BAR TELEPIONE (717) 249-3166
* TESTIMONY WILL BE LIMITED,fO TIIE ISSUES AS OU"rLINED IN THE PRE-
IIGARNG MEMORANDUM DATED DECEMBER 20. 2002.
LYNN W. GLAVIANO, ' IN THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY,
* PENNSYLVANIA
VS. No. 99-6828
RICHARD T. GLAVIANO, CIVIL ACTION LAW
Defendant. IN DIVORCE
PRETRIAL STATEMENT OF PLAINTIFF .
LYNN W. GLAVIANO
1. List_nfhlaritaLAssets:
See Defendant's Inventory and Appraisement attached.
2. Exped:Mitnesses:
Actuary, if needed: Harry Leister, P.O. Box 5900, Harrisburg, PA 17110-0900
Vocational Evaluator: to be identified.
3.
4.
QtheONitnessees:
None.
Exhibits_oLPlainfiff:
1. 2000 Tax Assessment
2. Kelly Blue Book printout: 1997 Chrysler Mini Van
3. Kelly Blue Book printout: 1998 Mercury Sable
4. November 1999 statement: GPU stock
5. Opposing counsel's 8/22102 letter regarding GPU stock
6. 2001 statement for Met Life Stock and Book entry history documents
7. Wife's Commerce Bank Checking Account statements for 2000 and
2001
8. PNC joint checking account statement: November 1999
9. PNC joint savings account statement: November 1999
10. Utilities Employees Credit Union joint savings account statement:
10/1 to 12131/99
11. Navy Federal Credit Union joint savings account statement: 10/1 to
12131/99
12. Husband's PNC Money Market Account statement from November
1999
13. Opposing Counsel's letter regarding cash value of
Husband's Met Life Insurance policy
14. Harry Leister's 3/25/02 letter/report valuing husband's pension
15. Husband's Navy Federal Credit Union IRA 3131/02 statement
16. Wife's Navy Federal Credit Union IRA 3/31/02 statement
17. Wife's American Express IRA 4/1/02 statement
18. Husband's American Express IRA 4/1/02 statement
19. Husband's 401 K GPU EE's Savings Plan 6/30/02 statement
20. Alliance Bank Mortgage 7/29/02 loan printout
21. Husband's USAA Visa: opposing counsel's letter of 11/27/01
22. Wife's Citibank Visa 11/29/99 statement
23. Appraisals, if necessary
24. Statements: GPU stock and Met Life stock
25. Husband's Pay stubs
26. Wife's 2001 Tax Return
27. Husband's Tax Returns
28. Pension statements from 6/30/00 sent to Harry Leister
5. Plaintiffs Income:
See Income and Expense statement attached:
Total= $1,750 last year (2001)
Drapery hobby on average is S1000/year.
Plaintiff made $750 last year (2001) conducting 2 sessions on mental
health and one public speaking event for Hershey Medical college.
6. Plaintiffs Expenses:
See Plaintiffs income and expense statement attached.
7. Valuation of Defendant's pension:
Harry Leister's 3/25/02 letter/report attached.
8. Counsel Fees:
Plaintiff proposes that husband be responsible for $10,000 of wife's counsel
fees.
9. Personal Property:
It is believed that the parties have already amicably and equitably divided
their personal property. Plaintiff is in possession of the items listed on the
list attached hereto captioned Personal Property at 570 St. Johns Drive
Camp Hill, PA 17011.
10. Marital Debts.as_of the.parties date of separation:
See #11 below.
11. Proposed-Resolution of. Economic Issues:
A. Equitable- Distribution:
ASSETS ESTIMATED VALUE TO TO
HUSBAND WIFE
Real Property
528 Penn Ayr Rd (Jt) 144,500 (2000 tax 144,500
assessment)
Vehicles
'97 Chrysler Mini Van (w) 9,085 (414102 KBB) 9,085
'98 Mercury Sable (h) 5,175 (4/4/02 KBB) 5,175
Stocks, Bonds, Securities
GPU (h) Note: H SOLD per OC's 19,921 (11126/99 19,921
8/22/02 Itr) stmt)
MetLife (H) - has 164 shares 5,169 (on 5/20102 @ 5,169
S31.521share)
Checking Acct, Cash
Commerce Bank (w) 98,926 (11120/99 98,926
stmt)
PNC(JT) #51-4016-2266 10,807(11129199 10,807
Stmt)
Savings Acct, Money Market
PNC (JT) svgs #51-3018- 14,753 (11/29/99 14,753
4955 Stmt)
Utilities Employees Credit 14,261 (10/1- 14,261
Union (JT) svgs 12/31199 stmt)
Navy Fed. Credit Union (JT) 53 (10/1-12/31/99 53
Stmt)
PNC Money Mkt Acct. (H) 100,210 (as of 100,210
(Opened 11/6/99) Note: 11/25199 per
Balance less than $1,900 as of 12/28199 stmt)
6/25/02)
Life Ins. Cash Surrender Val.
MetLife (H) 17,426 (as of 7/27101 17,426
Note: $0 per OC's 8122102 Itr. per H's report/H's
phone call to MetLife)
Pension
GPU (h) 102,653 (per H. 102,653
Leister's 3/25/02 Itr)
IRA, Retirement Plans
Navy Federal Credit Union 10,176 (3/31/02 10,176
IRA(h) assumed value)
Navy Federal Credit Union 10,176 (3131102 stmt) 10,176
IRA(W)
American Express (w) 29,755 (411/02 stmt) 29,755
American Express (h) 29,755 (assumed 29,755
4/1/02 value)
GPU EEs Svgs Plan/401k (H) 204,685 (6/30/02 274 204,411
#438-86-6921 stmt)
Household Property 100% 50% 50%
TOTAL ASSETS 5827,486 5332,606 $494,880
;i
LIABILITIES ESTIMATED VALUE TO TO
HUSBAND WIFE
Mortgage
Alliance Bank 4,956 (as of 7/29/02 4,956
per loan printout)
Credit cards
USAA Visa (H) 0 (per OC's 11/27/01 0
Itr)
Citibank Visa (W) 3,405 (11/3/99 stmt) 3,405
TOTAL LIABILITIES $8,361 $4,956 $3,405
NET MARITAL ESTATE: $819,125
PERCENTAGE DISTRIBUTION
TO H or W _40%
DOLLAR DISTRIBUTION
TO H or W $327,650 $491,475
B. Alimony to Plaintiff Wife:
Husband is an engineer with an earning capacity exceeding $100,000
per year. Wife is essentially a homemaker with a nominal earning capacity who has
primary physical custody of the parties minor children. In 2001, she had net income of
approximately $3001month. Under the current support stipulation, since October 2001,
husband has been paying unallocated spousal and child support of $3000/month. Plaintiff
and Defendant have been married for 25 years. Plaintiff seeks alimony from Defendant
in the amount of $1500 per month, ($5,833 net per month earning capacity for husband;
$300 estimated monthly net income for wife equals child support for three children at
$1,737 per month and $1,114 spousal support per month, per the Supreme Court
guidelines) to meet her reasonable needs. After the divorce decree, Wife will have to
provide for her own health insurance and medical expenses.
Ily
J'enni? r L. Frechette, Esquire
2650 North Third Street
Harrisburg, PA 17110
(717) 238-2200
ID #87445
ATTORNEY FOR PLAINTIFF
Personal Property at:
570 St. Johns Drive, Camp Hill, PA 17011
Living room:
Wing Chair with slipcover
2 lamps
Rug and pad
Window vase
Cocktail table (Mother's)
Rocking Chair (Mother's)
China Cabinet (Mother's)
Contents: Mother's wedding china, crystal and Lynn's angel collection
6 prints
Curtains
Children's CD's
Photo's on piano
Foyer:
Grandfather's clock (Mother's)
Table (Mother's)
Mirror (Mother's)
Dining Room:
Corner China Cabinet (Mother's)
Cherry table and 5 chairs (Mother's)
%2 Wedding China and crystal
Silver and Silver plate (Mother's)
1 print
Curtains
Kitchen:
%2 Dishes (Mother's)
%2 silverware
TV
Pots & pans
%2 Mixing bowl/storage containers
Basement:
Sewing Machine
Toys
Iron and board
Black and Decker drill
school papers
Stephen's room:
Bed/mattress/box springs
Stereo
Chest of drawers
TV stand/TV/DVD player
Movies
Baseball cards, CD's, Tapes
Rug
Lamp
Linen closet:
'/_ towels, sheets, etc.
Master Bedroom:
Hope chest
Rug
Lauren & Kathryn's room:
Kathryn's bed/mattress/box springs
Lauren's bed/mattress/box springs
Vanity and Bench
Toys
Book case /books
Garage:
Stephen's bike & helmet
Lauren's bike & helmet
Meghan's bike
Hammer
Family room:
Children's videos
Nintendo 64/ Play Station and Super Nintendo
Video games and Game Boys
Lynn's CD's
CD player, wireless headphones
Prints
Painting
2 lamps
;;Am
• _
. i
_
1
-? iJ
LYNN W. GLAVIANO,
Plaintiff,
Vs.
RICHARD T. GLAVIANO,
Defendant.
* IN THE COURT OF COMMON PLEAS
* CUMBERLAND COUNTY, PENNSYLVANIA
*
* NO. 99-6828
*
* CIVIL ACTION- LAW
* IN DIVORCE
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of Edward J. Weintraub, Esquire, on behalf
of Plaintiff.
Dated: LZ B 1
Edward J. Weintraub, Esquire
2650 North Third Street
Harrisburg, PA 17110
(717) 238-2200
ID #17441
ATTORNEY FOR PLAINTIFF
- •.: s• -?a L
??
- vi -.
U
<; s
LYNN W. GLAVIANO, )
Plaintiff )
VS. )
RICHARD T. GLAVIANO, )
Defendant )
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-6828 CIVIL TERM
IN DIVORCE
MOTION FOR HEARING ON PLAINTIFF'S REQUEST FOR ALIMONY PENDENTE LITE
AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and
moves the Court to schedule a conference at the Domestic Relations Office and a hearing before
the Court, if necessary, on her Request for Alimony Pendente Lite as set out in her original
Divorce Complaint, a copy of which is attached hereto.
Samuel L. Andes
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12'h Street
Lemoyne, Pa 17043
(717) 761-5361
LYNN W. GLAVIANO,
Plaintiff
VS.
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION". LAW'
,
NOW- / '??g t IVIL TERM
RICHARD T. GLAVIANO,
Defendant ) IN DIVORCE "
NQT1-QE_T-Q-DEE€ D AND CLAIM RIGHTS -< a
You have been sued in court. If you wish to defend against the claims set forth in
the foregoing pages, you must take prompt action. You are warned that if you fail to do so,
the case may proceed without you and a decree in divorce or annulment may be entered
against you by the court. A judgment may also be entered against you for any other claim
or 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.
i
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available in
the Office of the Prothonotary at:
Office of the Prothonotary
1 Courthouse Square
Cumberland County Court House
Carlisle, Pennsylvania 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S
FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE
!THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pa 17013
Telephone (717) 249-3166
?I
LYNN W. GLAVIANO,
Plaintiff
VS.
RICHARD T. GLAVIANO,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO.
CIVIL TERM
IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in a divorce proceeding filed
in the Court of Common Pleas of Cumberland County. This notice is to advise you that in
accordance with Section 3302(d) of the Divorce Code, you may request that the court
require you and your spouse to attend marriage counseling prior to a divorce being handed
down by the court. A list of professional marriage counselors is available at the Domestic
Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this
list is kept as a convenience to you and you are not bound to choose a counselor from this
list. All necessary arrangements and the cost of counseling sessions are to be borne by you
and your spouse.
If you desire to pursue counseling, you must make your request for counseling within
twenty days of the date on which you receive this notice. Failure to do so will constitute a
?vaiver of your right to request counseling.
y:
LYNN W. GLAVIANO,
Plaintiff
VS.
RICI IARD T. GLAVIANO,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO.
CIVIL TERM
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes the above-named Plaintiff, LYNN W. GLAVIANO, by her attorney,
Samuul L. Andes, and makes the following Complaint in Divorce:
1. The Plaintiff is LYNN W. GLAVIANO, an adult individual who currently resides at
528 Penn Ayr Road in Camp Hill, Cumberland County, Pennsylvania.
2. The Defendant is RICHARD T. GLAVIANO, an adult individual who currently
tosidcs at 528 Penn Ayr Road in Camp Hill, Cumberland County, Pennsylvania.
3. Both the Plaintiff and Defendant have been bona fide residents of the Common-
l?i of Pennsylvania for at least six months immediately previous to the filing of this
Complaint.
1. The Plaintiff and Defendant were married on 10 May 1974 in New Orleans,
It Louisiana.
5. There have been no prior actions of divorce or annulment between the parties.
6. This marriage is irretrievably broken.
7. Plaintiff has been advised of the availability of marriage counseling and the
I
i',Plaintiff may have the right to request that the Court require the parties to participate in
1
i. counseling.
COUNT I - IRRETRIEVABLE BREAKDOWN
8. The Plaintiff requests this Court to enter a Decree of Divorce.
WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to
the Divorce Code of Pennsylvania.
?I
i
I
COUNT II - EQUITABLE DISTRIBUTION
9. During the course of the marriage, the parties have acquired numerous items of
property, both real and personal, which are held in joint names and in the individual names
of each of the parties hereto.
WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by
the Defendant, to equitably divide the property, both real and personal, owned by the
parties hereto as marital property.
COUN II - ALIMONY
10. Plaintiff lacks sufficient property to provide for her reasonable needs in
accordance with the standard of living of the parties established during the marriage.
11. Plaintiff is unable to support herself in accordance with the standard of living of
the parties established during the marriage through appropriate employment.
12. The Defendant is employed and enjoys a substantial income from which he is
able to contribute to the support and maintenance of Plaintiff and to pay her alimony in
accordance with the Divorce Code of Pennsylvania.
WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plain-
tiff from Defendant permanent alimony in such sums as are reasonable and adequate to
support and maintain Plaintiff in the station of life to which she has become accustomed
during the marriage.
COUNT IV - ALIMONY PENDENTE LI E
15. Plaintiff is without sufficient income to support and maintain herself during the
pendency of this action.
16. Defendant enjoys a substantial income and is well able to contribute to the
support and maintenance of Plaintiff during the course of this action.
WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her
reasonable alimony pendente lite during the pendency of this action.
COUNT V - COU INSEL FEES AND EXPENSES
17. Plaintiff is without sufficient funds to retain counsel to represent her in this
matter.
?I
i'
18. Without competent counsel, Plaintiff cannot adequately prosecute her claims
against Defendant and cannot adequately litigate her rights in this matter.
19. Defendant enjoys a substantial income and is well able to bear the expense of
Plaintiff's attorney and the expenses of this litigation.
WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal
fees and expenses incurred by Plaintiff in the litigation of this action.
I
I verify that the statements made in this Complaint are true and correct. I understand
that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904
(unsworn falsification to authorities).
DATE:
LYNN W. GLAVIANO
Samuel L. Andes
Attorney for Plaintiff
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
,
i
1 .?
u .a'r'ri.e,?onr, gb.uno. anon m d?..?.m.,. cnn.p?nm w,1 I)mmbcr 7, rrr.
LYNN W. GLAVIANO. : IN TI IE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-6828 CI V I L "PERM
RICHARD T. GLAVIANO, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
ANSWER TO COMPLAINT IN DIVORCE
AND NOW. comes the Defendant. Richard T. Glaviano. by and through his
attorney, Maria P. Cognctti, Esquirc, and files the following Answer to Complaint in
Divorce:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Denied. It is specifically denied that the marriage is irretrievably broken.
7. The truth of this averment is strictly within the knowledge of Plaintiff and
therefore no answer is required.
COUNT I - IRRETRIEVABLE BREAKDOWN
8. This averment is more properly a prayer lirr relief and therefore no answer
is required thereto.
A to
COUNT ?I - EQUITABLE Dls'rizmu rm
9. Admitted.
COUNT III - ALIMONY
u,<vmm. 7. VIN
10. Denied. It is specifically denied that Plaintifflacks sulficicnt property to
provide for her reasonable needs in accordance with the standard ol'living the parties
established cluring their marriage.
11. Denied. It is specifically denied that PlaintilTis tenable to support herself
through appropriate employment in accordance with the standard ol'livin, the parties
established during the marriage.
12. Denied. It is specifically denied that Dclcnclant has substantial income
front which he is able to contribute to the support and maintenance of PlaintilTand to pay
her alimony in accorclance with the Divorce Code of PennsvIvania.
COUNT IV - ALIMONY PENDENTE LITE
15. Denied. it is specifically denied that PlaintilTis without suflicicnt income
to support and maintain herselfduring the pendency ol'this action.
16. Denied. It is specifically denied that Dclcnclant has substantial income and
is well able to contribute to the support and maintenance of PlaintilTduring the course of
this action.
I1 \\ ?.I'LIL\UL\Gphvmu ..m..a I•• Jnmm in •unipinm xlr•I Ilannlm, 7. I'M
COUNT V - COUNSEL FEES AND 1:\13ENSES
17. Dcnicd. It is specifically denied that Plaintiff is without sufficient Funds to
retain counsel to represent her in this matter.
18. Denied. It is specifically denial that Plaintiffcannot adequately prosecute
her claims against Defendant and cannot adequately litigate her rights in this matter.
19. Denied. It is specifically denial that Del'cnclant has substantial income and
is well able to bear the expense of Plaintifl-s attorney and the expenses ol'this litigation.
WHEREFORE. Defendant prays this Honorable Court deny Plaintiffs request 1101-
a divorce and deny PlaintifTalimony. alimony pcndente lite. counsel Ices and expenses.
Respectfully Submitted.
Dalcd: December 3. 1999
Maria P. C enetti. Isq ire
Sup. Ct. I.D. 82791=1
200 North Third Street
T\velfth Floor
P.O. Box 689
1larrisbum. PA 17108-0689
(717) 232-2103
u aq, w FAM1 ; ...I ....... „......,,.1'.." ,.M
VGRI RICA'r1ON
1. Richard T. Glaviano. hereby verily and state that the facts set Birth in the
roregoing document are true and correct to the hest of my inl'orntation. knowledge and
beliel. I understand that Ihlse statements herein are made suhjcct to the penalties ol' 19
Pa. C.S.A. §4904 relating to unsworn veri licalion to authorities.
RICI IARD T. GLAVIANO
qq
DATE: i 3..3-
,m
I I \W,111.i!AVI%G',1.... nmxmndnrmrmcnmpLintaryl Illrn
CERTIFICATE OF SERVICE
I, Maria P. Cognetti, Esquire, Attorney lbr Defendant herein, do hereby certify that
on this date I served the foregoing Answer to Complaint in Divorce by depositing a true
and exact copy thereof in the United States mail, first class, postage prepaid, addressed as
rollows:
Samuel L. Andes, Esquire
525 North Twcllih Street
Lemoyne, PA 17043
Dated: I .) /g /9 /
Az6ea-
Maria P. Cognetti, E 19 ire
Sup. Ct. I.D. #27914
200 North "third Street
Twelfth Floor
P.O. Box 689
Harrisburg, PA 17108-0689
(717) 232-2103
LYNN W. GLAVIANO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 99 - 6828 CIVIL
RICHARD T. GLAVIANO,
Defendant IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: Edward J. Weintraub
Maria P. Cognetti
, Attorney for Plaintiff
, 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 20th day of December 2002, 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: 10/11/02 E. Robert Elicker, II
Divorce Master
LAW OFFICES Or
EDWARD J. WEINTRAUB &ASSOCIA-rES
PRACTICE LIMI l'IA)TO FA\IIIN IANN'
'bill N.TI IIIt1) ti'I'IIFI'I'
I IARRISnURG. PENNSYLVANIA 17110
(717)238.221111 FAX-(717)238-928II F:\ha.- 1: 1\'1)1\'0 RCEh?;wl. c?ou
Edward I. Weinu'auh
Jennifer L. Frecheue.
titc).)hamc L. NU11 ilku
;dso admitted VA Bar
MEMORANDUM
TO: Robert Elicker, Esquire
FROM: Edward J. Weintr q6 E, qui e
RE: Glaviano
DATE: September 4, 2002
Lrr;d r\++ia:nn.
\li>n• U. Lehman
We recently responded to opposing counsel's supplemental request for
discovery. Although there are a few items which she owes us and a few we probably
owe her, discovery is sufficiently complete to proceed with a pre-hearing conference,
which we would ask that you schedule at the earliest possible time.
EJW:wls
pc: Lynn Glaviano
Maria Cognetti, Esquire
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240.6535
E. Robert Elicker, It
Divorce Master
Traci Jo Colyer
Ollice Manager/Reporter
September 6, 2002
West Shore
697-0371 Ext. 6535
Edward J. Weintraub, Esquire Maria P. Cognetti
2650 North Third Street Attorney at Law
Harrisburg, PA 17110 210 Grandview Avenue
Suite 102
Camp Hill, PA 17011
RE: Lynn W. Glaviano vs. Richard T. Glaviano
No. 99 - 6828 Civil
In Divorce
Dear Mr. Weintraub and Ms. Cognetti:
Mr. Weintraub has indicated that although counsel have a few
outstanding discovery issues, he indicated by memo dated September 4,
2002, that "discovery is sufficiently complete to proceed...".
Consequently, I am going to go forward with a directive for pretrial
statements.
A divorce complaint was filed on November 10, 1999, raising
grounds for divorce of irretrievable breakdown of the marriage and the
economic claims of equitable distribution, alimony, alimony pendent lite,
and counsel fees and expenses.
In accordance with P.R.C.P. 1920.33(b) I am directing each counsel
to file a pretrial statement on or before Friday, September 27, 2002.
Upon receipt of the pretrial statements, I will immediately schedule a
pre-hearing conference with counsel to discuss the issues and, if
Mr. Weintraub and Ms. Cagnetti, Attorneys at Law
6 September 2002
Page 2
necessary, schedule a hearing.
Very truly yours,
E. Robert Elicher, II
Divorce Master
NOTE: Sanctions for failure to file the pretrial statements are set
forth in subdivision (c) and (d) of RUIC 1920.33.
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.
??iIAR^'1 ""l,^''jc'h91V.fs'?•?"k?l:t :Y ;Y.hA. .. P' 'S/arm' _
LYNN W. GLAVIANO, :IN THE COURT OF CCM2-1ON PLEAS OF
Plaintiff CUNBERL. ND COUNTY, PEZNINSYLV?VIa..
VS. %:0. 99 - 6328 CIVIL
RICHARD T. GL:.VI?N0,
Defendant IN DIVORCE
TO: Ed•::ard J. sdeintraub attorney for Plaintiff
6iaria P. Cognetti Attorney for Defendant
DATE: 4:ednesday, May 29, 2002
CERTIF ICI:TION
I certify that discovery is complete as to the claims
for 4hic'll the master has been appointed.
OR IE DISCOVERY IS NOT COMPLETE:
(a) Outline wrhat information is required that is not
complete in order to prepare the case for trial
and indicate ?eihether there are any outstanding
interrogatories or discovery motions.
'T'here are several items Plaintiff still needs Defendant to produce:
Defendant's GPU Stock Shares / current value
Defendant's 401k Statements, DFS and current
Current 2IortgagL pay off statement
Current rash value of Defendant's %Wt Life policy
Checking and Savings account statements, DFS and current
Husband's current pay stub, if he is employed
Husband's 2001 tar: return
Copies of applications for employment, if unemployed
Interrogatories and a ?lotion for Production of Documents were servecl upon
Defendant and responses were suppliecl. Supplemental discovery has not been served.
r:
'r
c
'?1
(b) Provide approximate date when discovery will be
complete and indicate what action is being, taken
to complete discoverv.
See attached memo to opposing counsel.
DATE I
i
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 IW4EDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE DL?STER' S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
MARIA P. C®GNICTTI & Assoc wnm
Attorneys and Counselors at Law
Maria P. Cognetti'
Anomcy at Law
•Fellow, American Academy of
Matrimonial Lawyers
June 4, 2002
E. Robert Elicker, II, Divorce Master
Cumberland County
9 North Hanover Street
Carlisle, PA 17013
RE: GLAVIANO v. GLAVIANO
Our File No.: 799
Dear Master Elicker:
Karen A. Sheriff
Pmalegal
Candith Y. Hill
paralegal
Enclosed is Defendant's Certification that discovery in this matter is complete, with the
exception of real estate appraisals.
Thank you for your attention to this matter.
very truly yours, (UW
4 Candith Y. ill
Paralegal
CYH/waw
Enclosure
cc: Richard T. Glaviano (w/o enclosure)
r-1
210 Grandview Avenue, Suite 102 o Camp Hill, PA 17011
Telephone (717) 909.4060 ? Fax (717) 909-4068
Email CognettiLaw@aol.com
Practice Limited to Matrimonial Law
LYNN W. GLAVIANO, :IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99 - 6828 CIVIL
RICHARD T. GLAVIANO,
Defendant IN DIVORCE
TO: Edward J. Weintraub Attorney for Plaintiff
Maria P. Cognetti Attorney for Defendant
DATE: Wednesday, may 29, 2002
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.
DISCOVERY IS COMPLETE, WITH THE EXCEPTION OF REAL ESTATE APPRAISALS.
'L-
DATE COUNSEL FOR L INTIFF ( )
COUNSEL FOR ENDANT (X )
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.
LYNN W. GLAVIANO,
Plaintiff',
IN TFIE COURT OF CONIMON PLEAS
CUMBERLAND COUNTY, PA
*
VS. * NO. 99-6828
*
RICHARD T. GLAVIANO, * CIVIL ACTION - LAW
Defendant * IN DIVORCE
CERTIFICA'I E OF SERVICE
1, Wendy L. Shive, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify
that on May 22, 2002 1 served a true and correct copy of a Motion to Appoint a Master and
Petition to Prevent Dissipation of Marital Assets upon Maria Cognetti, Esquire, counsel for
the Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg,
Pennsylvania, addressed as follows:
Maria P. Cognetti, Esquire
210 Grandview, Suite 102
Camp Hill, PA 17011
Date: J :?? GZ 2Gly
Wendy V Shive
;?
`
?•.
r-: -
_ -
_ ?: ? :
?. :?
-_ --
?.
v .:3 C_)
i x', _ .
LYNN W. GLAVIANO, * IN T'IIE COURTOF COMMON PLEAS
Plaintiff, * CUMBERLAND COUNTY,
* PENNSYLVANIA
vs. * NO. 99-6828
*
RICHARD T. GLAVIANO, * CIVIL ACTION - LAW
Defendant * IN DIVORCE
CERTIFICATE OF SERVICE
1, Misty D. Lehman, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify
that on February 16, 2001 I served a true and correct copy of an Order regarding Plaintiffs
Motion to Compel Answers to Interrogatories and Motion and an Order regarding Plaintiff's
Motion to Compel Production of Documents and Motion, upon Maria Cognetti, Esquire,
counsel for the Defendant, by depositing same, postage pre-paid, in the United States Mail,
Harrisburg, Pennsylvania, addressed as follows:
Maria P. Cognetti, Esquire
210 Grandview, Suite 102
Camp Hill, PA 17011
Date: oZ' to v?W L 1? 1CLtJ
Mist D. Lehman
LYNN W. GLAVIANO.
Plaintiff
VS.
RICHARD T. GLAVIANO.
Defendant
IN TI IE COURT' OI' COMMON PLEAS OF
CUMBERLAND COUN'T'Y, PENNSYLVANIA
99.6828 CIVIL
CIVIL ACTION - LAN
IN DIVORCE
IN RE: MO'rION'I'O CONIPM ANSWERS TO INTERROGATORMIS
ORDER
AND NOW, this iS? day of T'cbruary, 2001, a rule is issued upon the defndant
to show cause why the relief requested in the within motion ought not to be granted. 'this rude
returnable twenty (20) days from service.
V O?
i
1
13Y'ri-IE COURT.
r•
.... '[J
.., ? .
i:.
'? '
U-
•..-J
1 _ ??
i ?
LAW OFFICE
EDWARD J. WEINTRAUB -3 265G NORTH-THIRD STREET
HARRISBURG, PENNSYLVANIA 17110
(7171 2382200 FAX (717) 2389280
LYNN W. GLAVIANO,
Plaintiff,
VS.
RICHARD'I'. GLAVIANO,
Defendant
* IN THE COURT OF COMMON PLEAS
* CUMBERLAN000N'I'Y,1'ENN-qYLVANIA
* NO. 99-6828
•k
* CIVIL ACTION-LAW
* IN DIVORCE
ORDER
AND NOW, this daY of----2001, it is hereby Ordered by this
Honorable Court that the Defendant is compelled to answer Plaintiff's Interrogatories within fifteen
(15) days from the entry of said Order, and upon Defendant's failure to comply within the allotted
time period, to suffer sanctions to be imposed by further Order of Court wherein the Defendant will
be Ordered to pay Plaintiff's reasonable counsel fees and expenses incurred in connection with the
filing, preparation and disposition of the instant Motion and granting further relief as is
deemed necessary and just.
Date:
J.
to
LYNN W. GLAVIANO,
Plaintiff,
VS.
RICHARD T. GLAVIANO,
Defendant
* IN TI IE COURT OF COMMON PLEAS
* CUAIBERLANCOUNPY,PENNSYLVANIA
*
* NO. 99-6828
*
* CIVIL ACTION - LAW
* IN DIVORCE
P_LAILN-TIEeS-iYIOTION:I'O_COi)'IPEL-ANSWERSJ_OINhERROCATORIES
Plaintiff, Lynn W. Glaviano, by and through her attorney, Edward J. Weintraub, Esquire,
files the instant Motion to Compel Answers to Interrogatories and in support thereof, avers the
following:
Plaintiff is Lynn W. Glaviano, Plaintiff/Wife, who currently resides at 66 Old Pioneer
Road, Camp Hill, PA 17011.
2. Defendant is Richard T. Glaviano, DefendanUt-lusband, who currently resides at 528
Penn Ayr, Camp Hill, PA 17011.
4. In order to develop the economic claims properly, Interrogatories were filed and
served on Maria Cognetti, Esquire, counsel for Defendant on October 6, 2000. A true and correct
copy of the transmittal letter serving said Interrogatories is marked as Exhibit "A," attached here to
and made part hereof.
5. Plaintiffs Interrogatories were served in accordance with Pa.R.C.P. 1920.22 (b), and
were to be answered within thirty (30) clays.
6. Defendant has not responded to Plaintiff's request and it is now more than thirty (30)
days since the Interrogatories were served.
7. Defendant's Answers to Interrogatories are essential to the proper development and
presentation of Plaintiffs case. Without said Answers to Interrogatories, Plaintiffs case is unduly
prejudiced.
WHEREFORE, Plaintiff respectfully request that this Honorable Court enter an Order:
A. Compelling Defendant to Answer Plaintiffs Interrogatories within fifteen (15) days
from the entry of said Order, and upon Defendant's failure to comply within the allotted time period,
to suffer sanctions to be imposed by further Order of Court;
B. Directing Defendant to pay Plaintiffs reasonable counsel fees and expenses incurred
in connection with the filing, preparation and disposition of the instant Motion in the amount of
$500.00; and
C. Granting further relief as is deemed necessary andjust.
Respectfully submitted,
Dated: C d
Edward J. Weintraub, Esquire
Weintraub & Associates
2650 North 3rd Street
Harrisburg, PA 171 10
(717) 238-2200
Attorney I.D. # 17441
ATTORNEY FOR PLAINTIFF
YERILICATION
1, Lynn Glaviano, the within named Plaintiff, do verify that the facts contained in the
foregoing Plaintiffs Motion to Compel Answers to Interrogatories are 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. Section 4909 relating to unswom falsification to authorities.
?I Jtnj `U -QLi(A L?
Lyn Glaviano, Plaintiff
Date: r;? -Ci - O
IBIT "A"
LAW OFFICES OF
EDWARD J. WEINTRAUB & ASSOCIATES
PRACTICE LIMITED TO FAMILY LAW
2650 N. THIRD STREET
I-IARRIS6URG. PENNSYLVANIA 17110
(717)238.2200 rAx-(717)238.9280 E-MAIL-EWDIV0RCE@A0L.C0.%1
Edward 1. Weintraub
Tonia M. Torquato
Le a?tats
Misty. D. Lehman
Wendy L. Shive
MEMORANDUM
TO: Maria Cognetti, Esquire
FROM: Edward J. Weintraub, re
RE: Glaviano v. Glaviano
DATE: October 6, 2000
Enclosed are two (2) copies of General Interrogatories (First Set) from Plaintiff
to Defendant and Plaintiff's Request for Production of Documents to Defendant, both
of which should be responded to within thirty (30) days.
11
EJW/mdl
Enclosure
cc: Lynn Glaviano
FILE COPY
LYNN W. GLAVIANO,
Plaintiff,
Vs.
RICHARD T. GLAVIANO,
Defendant
* IN THE COURT OF COMMON PLEAS
* CUMBERLANDCOUNTY,PENNSYLVANIA
*
* NO. 99-6828
*
* CIVIL ACTION - LAW
* IN DIVORCE
TO: Richard T. Glaviano and his attorney of record, Maria Cognetti, Esquire
PLEASE TAKE NOTICE that you are required by Pennsylvania Rules of Civil
Procedure to file your Answers in writing and under oath to the attached General
Interrogatories (First Set) within thirty (30) days from the date of service thereof and
also required thereby to serve a copy thereof upon the undersigned representing the
Plaintiff in this action. You are further notified that if you later receive or learn of any
information not supplied in your Answers to these General Interrogatories (First Set),
you are required by the Rules of Civil Procedure to supply the undersigned with such
information in the form of supplemental Answers to these Interrogatories.
Edwar J. Weintraub, Esquire
2650 North Third Street
Harrisburg, PA 17110
(717) 238-2200
ID 1117441
Date:
V
- :aoe
LYNN W. GLAVIANO,
Plaintiff,
VS.
RICHARD T. GLAVIANO,
Defendant
« IN THE COURT OF COMMON PLEAS
" CUMBERLANDCOUNTY,PENNSYLVANIA
«
" NO. 99-6828
" CIVIL ACTION - LAW
« IN DIVORCE
-GENERAL INTERROGATORIES IFIRST SET) FROM PLAINTIFF TO DEFENDANT
GENERAL INTRODUCTORY MATTER
Demand is hereby made by Plaintiff to the Defendant for full and complete
answers, under oath or certification, to the following Interrogatories within the time
and in the manner prescribed by the rules of this Court. You are required to file
answers to the following Interrogatories within thirty days after service upon you
pursuant to Pa.R.C.P. 1920.22(b) and 4005.
Pursuant to Pa.R.C.P. 4005 and 4006, service hereof is made in
triplicate. You are notified that your Answers, duly executed and sworn, must be
entered after the corresponding numbered Interrogatory or part thereof, attaching such
additional pages as may be required for complete answers. Plaintiff further requests
Defendant to produce certain documents as set forth herein for purposes of inspection
or copying pursuant to Pa.R.C.P. 4009, and upon consent of Defendant.
These Interrogatories are continuing in nature. If the responses to the
questions change or the Defendant becomes aware of new information, there is an
obligation to supplement the responses. Failure to do so may result in the imposition
of sanctions.
INSTRUCTIONS AND DEFINITIONS
Answer every Interrogatory. No question is to be left blank. If the answer
to an Interrogatory is "none" or "unknown," that must be written as the answer. If
the question is inapplicable, "N/A" must be written in the answer.
Whenever a date, amount or other computation of figure is requested, the
exact date, amount, computation or figure is to be given unless it is unknown. If so,
give the best estimate or approximation thereof and note that such answer is an
estimate or approximation.
Whenever the word "identify" or "identity" is used in reference to a
person, corporation or other entity, this means to state, if appropriate, his, her or its
full name, present address and business affiliation.
"Documentation" refers to writings or recording of any kind including but
not limited to: letters, memoranda, correspondence, drawings, guidelines, resolutions,
photographs, microfilm, printouts, computer disc, electronic storage, pamphlets,
notebooks, notes, forms and every other type of data compilation.
"Identify" when applied to documents means to describe the contents and
to state the title, date of composition, author and, if different, the signer(s), the type
of documents (e.g. letter, memorandum, telegram, etc.), a brief description of its
contents, its location, and the name and address of the current
custodian.
1. If you are living separate and apart from your spouse, please state what
you consider to be the date of separation, and why you believe that it is the date of
separation.
Answer:
2. Please complete the income and Expense statement attached to these
interrogatories, that is marked Schedule A. Complete it to reflect as close as possible
your financial situation on or around the date you answer these interrogatories.
Answer:
3, a. Do you presently maintain any credit cards for your personal use?
V .,
b. Do you have the use of credit cards supplied by your employer?
Answer:
4. If the answer to the previous Interrogatory is in the affirmative, for each
card state:
A. The name of the issuer.
B. The card number.
C. To whom the card is issued.
D. The name and address of each person who may use the card.
E. The balance as of the date you separated.
F. The present balance of the account.
Also, for each card, attach copy of statements you have received for the last
thirty-six (36) months.
Answer:
5. State with relevant dates your educational background, including the
name of each college, university, graduate, technical or trade school attended,
including any continuing professional education.
Answer:
6. State your complete resume of your education, training and employment,
specifying every employer or individual or entity (including addresses) from which you
earned any compensation from 1985 to present.
Answer:
7. a. Attached copies of your complete personal federal and state income
tax returns, W-2 forms, all schedules, and any amendments, for the past ten (10)
years.
b. Please provide the name, address and qualification (Certified Public
Accountant, accountant, attorney) of the person(s), or tax preparing service, who
prepared your federal and state income tax returns for the past ten (10) years.
Answer:
8. a. Are you presently employed as an employee contractor or consultant
1..:
(full and part-time employment included).
b. If your answer is in the affirmative, state fully for each employment:
1. The full name, address, and telephone number of your place
of employment.
2. The date you commenced your employment.
3. Your job title or position and job description.
c. Do you have any written or oral employment contracts with your
present employer(s)?
Answer:
9. a. Attach proof of earnings from each employment contract or consulting
job (e.g., payroll stubs) for the past twenty-four (24) months.
b. Please state the number of hours per week or month that you normally
work at each place of current employment. If in excess of forty hours per week, state
your hourly rate for overtime compensation, and state the number of overtime hours
you have worked in the past twelve months. Indicate how much overtime you are
currently averaging per month.
Answer:
10. Have you received or were you entitled to receive any bonuses. during the
past three years? If so, state the amount of bonus received or amount you are entitled
to receive, and detail when each was received or when you expect to receive the
bonus. Summarized the terms of the bonus arrangement, including how the bonus
was calculated.
Answer:
11. From any employment, are you partly or fully compensated on a
commission or other incentive basis? If so, explain, including the nature of the
commission, dates of commission payment to you, and gross amounts received as
commission in the past three years.
Answer:
iA
12. Are you entitled to receive any deferred compensation by reason of your
present or past employment? If so, please state the nature and amount of deferred
compensation, and when you anticipate receiving such deferred compensation.
Answer:
13. For each of your previous employments, contracts or consulting work
(including periods of self-employment) during the past ten (10) years, please state:
A. The name and address of your employer.
B. The inclusive dates of employment.
C. The nature, title and description of the work performed.
D. The gross annual compensation for each calendar year of such
employment.
E. The net annual income for such employment.
F. If terminated, the reason for termination of your previous
employment, position or contract.
Answer:
14. If you are in a business or have an occupation in addition to your regular
and present employment, state what the business is and what income or
compensation you have received from it during the past five fiscal years.
Answer:
15. At any time during your marriage to Plaintiff were you engaged in any
other business enterprise either individually or jointly with others?
Answer:
16. If so, for each business or venture, state or provide the following:
A. The name and address of the business or venture.
B. The form of organization of the business or venture.
C. The name of each officer or partner of the business or venture.
D. The date on which your interest in the business or venture was
commenced.
Answer:
17. Was any business mentioned in the preceding interrogatories
A-
1 .
2.
3.
23, a. Do you now or have you at any time since the date of marriage,
maintained or had access to a safe deposit box? If so, please detail the contents at
the time opened, and the date of separation.
b. Detail all items you placed into or removed from the safe deposit
box for one year prior to the date of separation to the present.
Answer:
24. State whether you have during the past three years made any gift to any
person other than your spouse, in cash or in kind, having a value of $500.00 or
greater.
Answer:
25. Of you are self-employed or engaged in a business or a profession as a
sole proprietor, or as principal in a closely held corporation, please state the name of
entity, and the form of the entity, i.e., sole proprietorship, partnership, corporation,
and the date upon which you acquired an interest in that entity.
a. Did you purchase your interest in that business or profession? If
so, indicate the purchase price.
b. If you did not purchase your interest, please indicate whether it
was gifted or inherited, or what the source of your acquisition was.
Answer:
26. a. If a partnership, list the names and addresses of all partners (if less
than ten), and the percentage of their interest in the partnership, including your
interest.
b. If a closely-held corporation, (1) list the names and addresses of
all directors and officers, and (2) if less than ten, list the names of all shareholders and
the percentage of their share holdings, including your interest in the corporation.
C. List the name and address of all financial institutions where the
entities identified in a. and b. above transact business.
M
Answer:
27. If a partnership, closely held corporation, or similar entity, attach
complete federal and state income tax returns, with all schedules, attachments and
amendments for each of these businesses for the past five years, and also attach
copies of all financial statements prepared on behalf of the partnership, closely held
corporation, or other entity during the past five years.
Answer:
28. a. If you have any interest in any qualified or unqualified deferred
compensation arrangement or retirement program, including, but not limited to, IRA,
Keogh Plan, 401(k) plan, military retirement, savings plan, annuity benefits, retirement
plan, pension plan, profit sharing plan, stock bonus plan, stock option plan, or thrift
plan, profit sharing plan, stock bonus plan, stock option plan, or thrift plan, defined
benefit, or defined contribution plan (excluding social security benefits), with your
present employer, or any previous employer, please designate and indicate the name
and type of the retirement plan.
b. Have you elected to receive or have you received proceeds from
any retirement benefit plan(s) as set forth in 53a above in the period of six months
prior to the date of separation, to the present?
C. Do you have any accumulated vacation, sick, or leave benefits?
If so, please detail.
d. Have you borrowed against any of the aforementioned retirement
plans?
Answer:
29. Have you been involved in any incident in the past five (5) years, from
which you could file a claim against another individual or entity, or in the alternative,
from which you could be named as a Defendant in such an action?
A. Are you now or have you been at any time in the past five (5) years
a party to any lawsuit or court action in which you have made a claim for monetary
damages or been named as a defendant, other than this current divorce action?
B. If so, please state:
The full names of all parties to the lawsuit.
2. The county and state in which the suit was brought.
3. The number and term of the lawsuit.
4. A brief description of the nature of the claim.
5. The data upon which the injury or claim that is the subject
of the lawsuit occurred.
6. The name and address for counsel for each party to such
suit.
7. If no lawsuit exists, is it your intent to file such a claim? Of
so, indicate against whom and the basis for the lawsuit.
Answer:
30. Do you receive, or have you received, during he past five (5) years, any
gifts, contribution, gratuities, benefits, services, fringe benefits, or perquisites from
any source, business or otherwise, including family members (excluding your spouse),
for any of the following expenses? Detail the source, the dates, and amounts of
payments or good or services, and the purpose of the payment or good or service:
A. Living accommodations, including utilities and related expenses.
B. Food, household products, and sundries.
C. Clothing.
D. Child care reimbursement.
E. Recreation and entertainment (e.g., club memberships, dues,
attendance at the atrical or sports events, etc.).
F. Vacation or travel.
G. Education.
H. Automobile or other vehicle.
1. Parking reimbursement.
J. Expense account or reimbursement.
K. Company credit cards.
L. Use of company facilities (boat, cottage, condominium, etc.)
M, Company loans and salary or advance account.
N. Company product discounts.
0. Life, health, disability or automobile insurance.
P. Pre-paid legal service(s) plan.
Q. If you are a participant in a "cafeteria style" plan, list any benefits
not specifically enumerated.
R. Other (specify).
1
,
Answer:
31. a. Do you maintain your financial records and correspondence on a
computer? If so, is your computer IBM compatible or Apple/Macintosh compatible?
b. If so, do you use Quicken or similar program to record your income
and payables?
Answer: <<?
32. As to any insurance policy or annuity in which you now have or had in1
the past five years an interest, whether as owner of the policy, insured, or beneficiary,
for each policy please provide:
A. Name and address of insurance company and type of policy
(ordinary life, term, annuity, etc.) And identifying number.
B. Face value, and current cash surrender value.
C. Indicate loans against each policy, including date, amount and
purpose of loan.
Answer:
33. Do you receive any draw against commissions from any party or entity?
If so, are your draws recoverable or non-recoverable?
Answer:
34. What are the current sources of other income, taxable and nontaxable
(i.e., interest, dividends, rentals, investment income, inheritance, gifts, prize winnings,
etc.), if any, other than your earned income from the employment listed here? Please
indicate specifically each source of that income.
Answer:
35. With respect to the other sources of income referenced in the previous
interrogatory, please indicate the following:
A. Is the income received on a regular basis, i.e., weekly, monthly,
semi-annually, etc.? If a one-time payment, please indicate the date received or to be
received,
B. From whom received.
C. The amount received.
Answer:
36. Do you keep any books or other written memoranda of your income and
business affairs?
Answer:
37. Attach a copy of each of your above-mentioned books and memoranda
to your answers to these interrogatories, or state a time and place when and where
the books and memoranda may be inspected.
Answer:
38. Have you either destroyed or disposed of any books of account,
memoranda, or other records relating to your business or income?
Answer:
39. If so, state:
A. When the books of account or records were destroyed or otherwise
disposed of.
B. Why they were destroyed or disposed of.
C. The name and address of the person who destroyed or disposed
of the books or memoranda.
Answer:
40. Please describe any physical or emotional disability that you maintain
restricts your earning capacity.
Answer:
41. a. Are you presently, or have you been during the past year, under the
care of a physician, medical practitioner, or therapist, other than for a regular check-
up?
b. If your answer is in the affirmative, state the name, address, and
telephone number of the physician, therapist, or other medical practitioner.
Answer:
42. Are you presently self-employed in any capacity not previously addressed
in answer to the preceding interrogatories? If so, state the name of your business, the
type of business , when you commenced business, and the number of employees who
work in your business.
Answer:
43. What was your interest dividend income, both taxable and non-taxable,
for the past calendar year?
Answer:
44. Have you been the recipient of any inheritance or substantial gift within
the past three (3) years? If so, please describe.
Answer:
45. Have any financial statements been prepared by you or on your behalf
during the past three (3) years.
Answer:
46. List all creditors, indicating the amount of debt owed, when incurred, the
amount of the periodic payment, and the date the last payment was made.
Answer:
VERIFICATION j
I, Richard G/aviano, the within named Defendant, do verify that the facts t
contained in the foregoing Answers to Plaintiff's First Set Of Interrogatories are 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. Section 4909
relating to unsworn falsification to authorities.
Date:
A true and correct copy of the within Answers was served on
, on this day of 2000.
¦,
CERTIFICATE OF SERVICE
1, Edward J. Weintraub, Esquire, do hereby certify that on the date set
forth below I served a true and correct copy of the foregoing General Interrogatories
(First Set) From Plaintiff To Defendant upon Maria Congetti, Esquire, counsel for
Defendant, by depositing same in the United States Mail, First Class, postage prepaid,
addressed as follows:
Maria P. Cognetti, Esquire
210 Grandview, Suite 102
Camp Hill, PA 17011
Date: ON
v V
4 P?-) ?
Edward J. Weintraub, Esquire
2650 North Third Streat
Harrisburg, PA 17110
(717) 238-2200
IDt/17441
Attorney for Plaintiff
LYNN W. GLAVIANO, IN THE COURT ON COMMON PLEAS OF
I'laintilt CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
RICHARD T. GLAVIANO.
Defendant
99-6828 CIVIL
CIVIL ACTION - LAW
: IN DIVORCE
IN RE: MOTION'f0 COMPEI. PRODUCTION OP DOCUNIENTS
ORDFR
AND NOW, this i3" day ol'l'ebruary, 2001, a rule is issued upon the defendant
to show cause Why the relief requested in the within motion ought not to be granted. This rule
returnable twenty (20) days from service.
BY TI IE COUIZ'r,
Ke i A. 1-less, J.
J,
6e
LAW OFFICE
EDWARD J. WEINTRAUB
2650 NORTH THIRD STREET FE13 r :1
HARRISBURG, PENNIYLVANIA 17110 ( (7171238-2200 FAX (717) 238-9280
LYNN W. GLAVIANO, * IN THE COURT OF COMMON PLEAS
Plaintiff; * CUMBERLANCOUNTY, PENNSYLVANIA
*
vs• * NO. 99-6828
*
RICHARD T. GLAVIANO,
Defendant
ORDER
AND NOW, this
* CIVIL ACTION-LAW
* IN DIVORCE
day of 2001, it is hereby Ordered by
this Honorable Court that the Defendant is compelled to produce all of the documents requested by
Plaintiff within fifteen (15) days from the entry of said Order, and upon Defendant's failure to
comply within the allotted time period, to suffer sanctions to be imposed by further Order of Court
wherein the Defendant will be Ordered to pay Plaintiffs reasonable counsel fees and expenses
incurred in connection with the filing, preparation and disposition of the instant Motion and granting
further relief as is deemed necessary and just.
Date:
J.
t
LYNN W. GLAVIANO,
Plaintiff,
Vs.
RICIIARD T. GLAVIANO,
Defendant
• IN '1'111- COUIZ E 01' COiNli1'ION I'I.EAS
* CUMIIERLAN000N'l-Y,1'ENNSYI,VANIA
*
* NO. 99-6828
*
* CIVIL ACTION - LAW
* IN DIVORCE',
MAMULFES_MOTI AJO_COil11'EL_I'JZORU_C7'ION_01? ROCUA7ENTS
Plaintiff, Lynn W. Glaviano, by and through her attorney, Edward J. Weintraub, Esquire,
files the instant Motion to Compel Production of Documents, against Dcfcndant, Richard T.
Glaviano, and in support thereof, avers the following:
Plaintiff is Lynn W. Glaviano, Plaintiff/Wife, who currently resides at 66 Old Pioneer
Road, Camp Hi11, PA 17011
2. Defendant is Richard T. Glaviano, DefendanVl-lusbmtd, who currently resides at 528
Penn Ayr, Camp Hill, PA 17011.
3. In order to develop the economic claims properly, a Request for the Production of
Documents was filed and served on Defendant's attorney of record, Maric Cognetli, Esquire on
October 6, 2000. A true and correct copy of said Request is marked Exhibit "A," attached hereto
and made part hereof.
4. Defendant filed no objections to Plaintiffs Request for the Production of Documents.
5. Plaintiffs Request for the Production of Documents were served in accordance with
Pa. R.C.P. 1920.22(b), and were to be answered within thirty (30) days.
6. Defendant has failed to respond to the al'orcmentioned letter and Request for (lie
production of Documents and has not contacted, nor had his attorney contact, Plaintiff's counsel.
7. The documents requested by Plaintiff arc essential to the proper development and
presentation of Plaintiffs case. Without said Documents, Plaintiffs case is unduly prejudiced.
8. Defendant's conduct in not responding to Plaintiff's discovery request is totally
unjustified, and has necessitated the filing of the instant Motion.
WHEREFORE, Plaintiff respectfully request that this Honorable Court enter an Order:
A. Compelling Defendant to produce all of the documents requested by Plaintiff within
fifteen (15) days from the entry of said Order, and Upon Defendant's failure to comply within the
allotted time period, to suffer sanctions to be imposed by further Order of Court;
B. Directing Defendant to pay Plaintiffs reasonable counsel fees and expcnscs incurred
in connection with the filing, preparation and disposition of the instant Motion in the amount of
S500.00; and
C. Granting further relief as is deemed necessary and just.
G`
Dated: L'
`I
Respectfully submitted,
i
i
Edward J. Weintraub, Esquire
Weintraub & Associates
2650 North 3rd Street
Harrisburg, PA 171 10
(717) 238-2200
Attorney I.D. # 17441
A"fTORNEY FOR PLAINTIFF
VERIFICATION
I, Lynn Glaviano, the within named Plaintiff, do verify that the facts contained in the
foregoing Plaintiffs Motion to Compel Production of Documents are 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. Section 4909 relating to unsworn falsification to authorities.
Lynn Glaviano, Plaintiff
Date: °R - q - 0 (
EXHIBIT "A"
^^~ LAW OFFICES OF
EDWARD J. WEINTRAUB & ASSOCIATES
PRACTICE LIMITED TO FiWILY LAW
2650 N. THIRD STREET
HARRISBURG. PENNSYLVANIA 17110
(717)238.2200 FAx-(717)238.9280 E•MAIL•EWDIVORCE@A0L.c0>1
Edward_ J. Weintraub
Tonia M. Torquato
Lea Assistants
Aisty D. Lehman
Wendy L. Shive
MEMORANDUM
TO: Maria Cognetti, Esquire
FROM: Edward J. Weintraub, re
RE: Glaviano v. Glaviano
DATE: October 6, 2000
f°
Enclosed are two (2) copies of General Interrogatories (First Set) from Plaintiff
to Defendant and Plaintiff's Request for Production of Documents to Defendant, both
of which should be responded to within thirty (30) days.
EJW/mdl
Enclosure
cc: Lynn Glaviano
LYNN W. GLAVIANO,
Plaintiff,
VS.
RICHARD T. GLAVIANO,
Defendant
* IN THE COURT OF COMMON PLEAS
* Cumberland County, Pennsylvania
*
* NO. 99-6828
* CIVIL ACTION - LAW
* IN DIVORCE
PLAINTIFF'S REQUEST FOR
PRODUCTION OF DOCUMENTS BY DEFENDANT
To: Richard Glaviano and his attorney of record, Maria Cognetti, Esquire
Instructions and Definitions:
Plaintiff, Lynn Glaviano, by her undersigned counsel, hereby propounds
the following Request for Production of Documents and tangible things pursuant to
Rule 4009 of the Pennsylvania Rules of Civil Procedure.
The documents and tangible things requested herein must be produced
at the law offices of Edward J. Weintraub, Esquire, 2650 North Third Street,
Harrisburg, Pennsylvania within thirty (30) days.
Each of the following requests is intended as a separate request.
Where a request has subparts, please respond to each subpart separately and in
full. Do not limit any response to the numbered requests as a whole.
If you have any objection to any request, please state your objection
fully and set forth the factual basis for your objection in lieu of production of the
documents. You must file and serve a written response to these requests within
thirty (30) days of service of these requests upon you, regardless of the time set
for production of the documents and things requested herein. You are reminded
that any objections not raised within the thirty (30) day period provided for by
PA.R.C.P. Rule 4009(b)(2) will be deemed to have been waived by you.
These requests are not only for documents and tangible things which
are owned by you, but also for documents and tangible things which are in your
possession, custody or control. This means that you must produce all documents
and tangible things which are responsive to a particular request and which are in
your possession (regardless of whether they are your property), or over which you
have control even if they are not in your possession. It also means you must
produce documents and tangible things which are in the possession, custody or
control of your agents, employees and/or attorneys.
Before responding to these requests you are required to make a
diligent search of your files and records to ascertain whether you have documents
which would be responsive to a given request. Your agents, employees and
attorneys must do the same.
To avoid any possibility of confusion with respect to these requests,
please note that the following terms have the following meanings in these requests,
unless a particular request clearly indicates otherwise:
"You" or "your" refer to the person to whom these requests have been
addressed.
"Person" means any natural person, corporation, unincorporated
association, trust, partnership, and/or any other legally cognizable
entity. It is contemplated that any corporation or other business entity
acts only through its agents, officers, employees and attorneys, and
requests which apply to any such legal entity should be construed
accordingly.
"Plaintiff" means the plaintiff or plaintiffs named in this action.
"Defendant" means the particular defendant or defendants in this
action to whom this request is addressed, as set forth above.
"Document", "record", "file" and "report" all refer to and contemplate
all written, recorded or graphic information, whether preserved in
writing, on magnetic tape, by electronic means, in photographic form,
on microfilm or microfiche, computer disc or by any other means of
information retrieval or storage.
Plaintiff's Reauest:
1. All of your Federal and state income tax returns including all W-
2s, 1099s attached schedules and exhibits filed in 1995, 1996, 1 997, 1998 and
1999 filed by you or by any entity in which you had or have an interest.
2. All statements including canceled checks, check registers, stubs
and deposit slips issued by any bank, savings institution or other financial
institution from 1998 through the present, for all accounts of you, your spouse and
any personal accounts maintained by yourself or on their behalf.
3. Aff loan applications and loan documents pertaining to any sums
of money borrowed by you individually or jointly with any other person from
through the present, particularly any loan application or documentation pertaining
the financing for acquisition of Plaintiff's\Defendant's new residence.
4. All documents including but not limited to any individual
retirement account, pension or profit sharing plan, savings plan, KEOGH, 401 K
plan, annuity benefits, retirement benefits, stock bonus plan, stock option plan or
thrift savings plan through any current or previous employer or regarding any other
retirement benefits in which you individually or with others have had any interest
with benefits still due or due in the future, including the summary plan description
and other such information regarding each retirement plan, as well as annual
statements for the past three (3) years.
5. All financial statements or documents referring to any deferred
compensation plan to which you are entitled by reason of any present or past
employment, including any understanding regarding the future distribution of
earnings presently retained or anticipated to be received,
6. Your income and earning records including, but not limited to,
payroll stubs or wage statements, any payment or commission statements issued
by any employer or 1099's issued by any person or entity for which you have
performed services since 1990 to the present.
7. All life insurance policies in which you have any interest as an
owner, insured or beneficiary including any change of beneficiary forms executed
by you within the last three (3) years.
8. If you are alleging any physical or mental disability which
impairs your earning capacity, provide a copy of any physician's or other medical
practitioner's report or statement that has been given to you or prepared on your
behalf in the past three (3) years.
9. Copies of any and all brokerage account statements or securities
owned by you individually, jointly with any person or entity, or as trustee, guardian
or custodian, from 1997 through present including in such records dates of
purchase and amounts paid for such securities.
10. All records of all estates of decedents from which you have
received, are receiving or will receive any inheritance in either personal property,
real property, assets, in trust or otherwise, or monetary assets of any kind.
11. If you have acquired or sold any collectibles or antiques in the
past two years, provide copies of all documents evidencing the transaction and all
compensation paid or received.
12. Copies of all resumes prepared by you during the past ten (10)
years.
13. Copies of the title pages of any professional journals or
magazines to which you have subscribed or received since January 1997.
14. Copies of all correspondence from or to you regarding
employment opportunities, consulting jobs or other contracts for compensation
from 1995 to present.
15. Copies of all "help wanted" ads or requests for proposals to
which you have responded in the last five (5) years.
Resoectfulfv5ubmitted,
By:
Edwar$J. Weintraub, Esquire
2650 North Third Street
Harrisburg, PA 17110
Attorney Id. #17441
(717) 238-2200
LL4VD ATTORNEY FOR PLAINTIFF
Dated:
I
LYNN W. GLAVIANO, IN'1'1-11? COUIt'1' OF COMMON PLL•AS OI'
Plaintiff CUN113ERLAN1) C'OUN'TY, PENNSYLVANIA
vs. 99-6828 CIVIL
CIVIL ACTION - LAW
RICHARD T. GLAVIANO.
Defendant IN DIVORCE
INRG MOTIONTOCOMPEL ANSWERSTOfN'TERROGA"fORfES
ORDER
AND NOW, this / `I r day of March, 2001, a brief argument on the motion to
compel answers is set for Thursday. April 5.200 1. at 3:00 p.m. in Courtroom Number 4,
Cumberland County Courthouse. Carlisle, PA.
Edward J. Weintraub, Esquire
For the Plaintiff
Maria Cognetti, Esquire
For the Defendant
:rlm
BY Th1E COURT.
71' A. Mess, J.
C
.,,]
,.
?';,. _
_. ? ,
.'!?°
I,
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorne s for Defendant
LYNN W. GLAVIAN0,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
RICHARD T. GLAVIANO,
Defendant
NO. 99-6828
CIVIL ACTION - LAW
IN DIVORCE
ANSWER TO PLAINTIFF'S MOTION TO COMPEL
PRODUCTION OF DOCUMENTS
AND NOW, comes Richard T. Glaviano, the Defendant, by and through his attorney,
Maria P. Cognetti, Esquire, and files this Answer to Plaintiff's Motion to Compel Production of
Documents and in support thereof avers as follows:
1. Admitted.
2. Admitted.
3, Admitted.
4. Admitted.
5. Admitted.
6. Denied. It is specifically denied that Defendant had failed to respond to the
aforementioned letter and Request for Production of Documents and has not contacted, nor had
his attorney contact Plaintiffs counsel. To the contrary, Defendant's counsel, prior to being
served with a copy of the instant Motion, had advised Plaintiffs counsel that she had in fact
received Defendant's draft of his Answers to Interrogatories. By way of further answer,
Defendant's responses to Plaintiff's Request for Production of Documents are being served on
Plaintiff's counsel simultaneously with the filing of this Motion.
Denied. It is specifically denied that the documents requested by Plaintiff are
essential to the proper development and presentation of Plaintiff's case. It is further denied that
without the said documents Plaintiff's case is unduly prejudiced.
8. Denied. It is specifically denied that Defendant's conduct is totally unjustified,
and has necessitated the filing of the instant Motion.
WHEREFORE, Defendant respectfully requests this Honorable Court deny Plaintiff's
Motion to Compel Production of Documents.
Respectfully Submitted:
MARIA P. COGNETTI & ASSOCIATES
Date: March 2, 2001 By: v "
MARIA P. COG ETTI, ES IRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant
VERIFICATION
1, RICHARD T. GLAVIANO, hereby verify and state that the f?acts set forth in the
foregoing document arc true and correct to the best of my information, knowledge and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904
relating to unsworn verification to authorities.
RICHARD T. GLAVIAN
DATE: 3- `7- 0 /
CERTIFICATE OF SERVICE
I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on
this date I served the foregoing document by depositing a true and exact copy thereof in the
United States mail, first class, postage prepaid, addressed as follows:
Edward J. Weintraub, Esquire
2650 North Third Street
Harrisburg, PA 17110
MARIA P. COGNETTI & ASSOCIATES
Date: March? , 2001 BY
MARIA P. COGNETTI, SQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Defendant
LYNN W. GLAVIANO, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :NO. 99-6828
RICHARD T. GLAVIANO, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
ANSWER TO PLAINTIFF'S MOTION TO COMPEL
ANSWERS TO INTERROGATORIES
AND NOW, comes Richard T. Glaviano, the Defendant, by and through his attorney,
Maria P. Cognetti, Esquire, and files this Answer to Plaintiff's Motion to Compel Answers to
Interrogatories and in support thereof avers as follows:
Admitted.
2. Admitted.
4.[sic] Admitted.
5. Admitted.
6. Denied. It is specifically denied that Defendant has not responded to Plaintiff's
request. Defendant's Answers to Interrogatories are being served on Plaintiff's attorney
simultaneously with the riling of this Answer.
7. Denied. It is specifically denied that Defendant's Answers to Interrogatories are
essential to the proper development and presentation of Plaintiff's case. It is further denied that
without the said Answers to Interrogatories Plaintiffs case is unduly prejudiced.
WHEREFORE, Defendant respectfully requests this Honorable Court deny Plaintiffs
Motion to Compel Answers to Interrogatories.
Respectfully Submitted:
MARIA P. COGNETTI & ASSOCIATES
Date: March 2, 2001 By: AV 7 2 ?9 Z -
MARIA P. C GNETT , SQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant
VERIFICATION
I, RICHARD T. GLAVIANO, hereby verify and state that the facts set forth in the
foregoing document are true and correct to the best of my information, knowledge and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904
relating to unsworn verification to authorities.
RICHARD T. GLAVI NO
DATE: 3- -7- 01
F7_m
CERTIFICATE OF SERVICE
I, Maria P. Cognetti, Esquire. Attorney for Defendant herein, do hereby certify that on
this date I served the foregoing document by depositing a true and exact copy thereof in the
United States mail, first class, postage prepaid, addressed as follows:
Edward J. Weintraub, Esquire
2650 North Third Street
Harrisburg, PA 171 10
MARIA P. COGNETTI & ASSOCIATES
Date: March 7 , 2001 By: /
MARIA P. COGNETTI,, SQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant
LYNN W. GLAVIANO, * IN THE COURT OF COMMON PLEAS
Plaintiff, * CUMBERLAND COUNTY,
PENNSYLVANIA
*
VS. * NO. 99-6828
*
RICHARD T. GLAVIANO, x CIVIL ACTION- LAW
Defendant * IN DIVORCE
ORDER
AND NOW. this _day of
2002, upon consideration of the
within Plaintiffs Petition to Prevent Dissipation of Marital Assets, it is hereby ORDERED and
DECREED that Plaintiff, Lynn N. Glaviano, and Defendant, Richard T. Glaviano, are hereby
mutually enjoined and restrained from transferring, encumbering, dissipating, selling, damaging,
destroying or otherwise alienating any and all marital and premarital assets under the control of
either, without mutual written agreement or a further Order of this Court.
OR
AND NOW, this Z Y - day ol'?, 2002, a Rule is hereby issued
upon Defendant to show cause why a mutual order against dissipation of marital assets should not
be granted.
Rule returnable z 0 days from service.
{t?5
s -zs?a 2
??? coy r? ? 11
BY THE COURT:
V'..?
.?
LYNN W. GLAVIANO,
Plaintiff,
Vs.
RICHARD T. GLAVIANO,
Defendant
* IN THE COURT OF COMMON PLEAS
* CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-6828
*
* CIVIL ACTION - LAW
* IN DIVORCE
PETITION TO PREVENT DISSIPATION OF MARITAL ASSETS
Petitioner, Wife, by and throu?h her Attorney Edward J. Weintraub. Esquire, files this
Petition for Injunctive Relief, and in support thereof, avers as follows:
Petitioner is the Plaintiff in the above-captioned divorce action.
2. Respondent is the Defendant in the above-captioned divorce action.
3. Wife separated from Husband on November 19, 1999 and filed a Complaint In
Divorce on November 10, 1999, requesting economic relief, including a request for equitable
distribution.
4. Wife believes that Husband may sell, transfer, dissipate, damage, destroy, alienate
or encumber marital property of the parties, particularly checking, savings and money market
accounts, as well as retirement accounts.
5. Section 3323(Q of the Divorce Code provides in relevant part:
"In all matrimonial causes, the Court shall have full equity power and
jurisdiction and may issue injunctions or other orders which are necessary to
protect the interests of the parties or to effectuate the purposes of this act. and
may grant such other relief or remedy as equity andjustice require against
either party..."
9. Section 3505(x) of the Code provided:
'-Where it appears to the Court that a party is about to remove himself
or herself or his or her property from Ilse jurisdiction of the Court or
is about to dispose of, alienate, or encumber property in order to
defeat alimony pendente lite, alimony, child and spousal support, or
similar award, an injunction may issue to prevent such removal or
disposition and such property may be attached as provided by the
Rules of Civil Procedure."
10. At anv time after the filing of the complaint, on petition setting forth the facts
entitling the party to relief, the court may, upon Stich terms and conditions as it deems just, including
the filing of security,
(1) issue preliminary or special injunctions necessary to prevent the
removal, disposition, alienation or encumbering of real or personal
property in accordance with Rule 1531(a),(c),(d) and (c); or
(2) order the seizure or attachment of real or personal property; or
(3) grant other appropriate relief.
WHEREFORE, Petitioner Wife, respectfully requests that this Honorable Court grant the
within Petition for injunctive Relief and mutually enjoin and restrain Husband and Wife from
selling, transferring, encumbering, dissipating, selling, damaging, destroving or otherwise alienating
any and all marital or premarital assets of the parties particularly any bank or retirement accounts
pending further Order in this matter.
Date: 4 Z b ?i
Re lysubmitted,
Edward J. Weintraub. Esquire
2650 North Third Street
Harrisburg, PA 171 10
(717) 233-2200
iD#17441
ATTORNEY FOR PLAINTIFF
VERIFICATION
I, Lynn W. Glaviano, verify that the statements made in this Petition to Prevent
Dissipation of Marital Assets are true and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904, relatin- to unsworn falsification to authorities.
Date: Od" %\LYILw (,,) . ? ?.
Lyn W. Glaviano, Plaintiff
LYNN W.GLAVIANO,
Plaintiff,
Ys.
RICIIAltD'1'. GLAVIANO,
Defendant
* IN THE COURT OF COMMON PLEAS
* CUMBERLAND COUN'T'Y, PA
*
* NO. 99-6828
*
* CIVIL ACTION - LAW
* IN DIVORCE
CERTIFICATE OF SERVICE
I Misty D. Lehman, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify
that on May 29, 2002 1 served a true and correct copy of a Rule To Show Cause regarding
Plaintiffs Petition to Prevent Dissipation of Marital Assets upon Maria Cognetti, Esquire,
counsel for the Defendant, by depositing same, postage pre-paid, in the United States Mail,
Harrisburg, Pennsylvania, addressed as follows:
Maria P. Cognetti, Esquire
210 Grandview, Suite 102
Camp Hill, PA 17011
Date: Z lr? LL&k_
Misty D.
i' .f?
..
L'
?:
..- .... ?" . J
? : '
.J
'"l
??
MARIA P. COGNET I & ASSOCIATES
Attorneys and Counselors at Law Practice Limited to Matrimonial Lain
Maria P. Cogneui• Karen A. Sheriff
Attomey at Law Paralegal
'Fellow, American Academy of
Matrimonial Lawycrs
June 11, 2002
E. Robert Elicker, II, Divorce Master
Cumberland County
9 North Hanover Street
Carlisle, PA 17013
RE. GLAVIANO v. GLAVL4NO
Our File No.: 799
Dear Master Elicker:
Candith Y. Hill
Paralegal
Under cover of correspondence dated June 4, 2002, I submitted to your office a
Certification that discovery in the above-referenced matter was complete, with the exception of
real estate appraisals. Regrettably, that was done in error.
It has come to my attention that we have a small set of interrogatories that were to go out
to opposing counsel at about the same time.
I ask that you withdraw my Certification that discovery is complete and note that
Defendant requires answers to these Interrogatories, as well as appraisals, before he will be in a
position to be prepared for a Master's hearing.
Your anticipated consideration to this matter is very much appreciated.
Very truly your
el ? -
Maria P. Cognetti
MPC/waw
cc: Richard T. Glaviano
Edward Weintraub, Esquire
210 Grandview Avenue, Suite 102 ? Camp Hill. PA 17011
Telephone (717) 909-4060 ? Pax (717) 909.4068
Email CognettiLaweaol.com
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attomey I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attomeys for Defendant
LYNN W. GLAVIANO,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
RICHARD T. GLAVIANO,
Defendant
NO. 99-6828
CIVIL ACTION - LAW
IN DIVORCE
RESPONSE OF DEFENDANT TO PETITION TO PREVENT
DISSIPATION OF MARITAL ASSETS
AND NOW, comes Richard T. Glaviano, Defendant, by and through his attorney, Maria P.
Cognetti, Esquire, and files this Response to Petition to Prevent Dissipation of Marital Assets, and
in support thereof avers as follows:
1. Admitted.
2. Admitted.
3. Admitted in part, denied in part. It is admitted that Plaintiff filed a Complaint in
Divorce on November 10, 1999. It is denied that Wife separated from Husband on November 19,
1999. The parties ceased living together on or about April 6, 2000.
4. Admitted. By way of further answer, both Plaintiff and Defendant have dissipated
assets. To date, Plaintiff has dissipated in excess of $250,00.00 worth of marital assets as
compared to Defendant who has dissipated approximately $200,000.00 worth of marital assets.
5. Admitted.
6.8. Petition is incorrectly numbered by the omission of numbers 6 through 8-
9. Admitted.
10. This is conclusion of law for which no response is required.
WHEREFORE. Defendant respectfully requests this Honorable court deny Plaintiff's
Petition to Prevent Dissipation of Marital Assets. In the alternative, should this Honorable Court
see fit to enter an Order granting Plaintiff's Petition, said Order should include all assets,
specifically including Plaintiffs inheritance assets because they contain such a large component
of the marital assets.
Respectfully Submitted:
MARIA P. COGNETTI & ASSOCIATES
Date: June , 2002 By: " :-"
MARIA P. OGNE T ESQUIRE
'111
ttorney I.D. No. 274'
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909.4060
Attorney for Defendant
VER?r ICATION
1, Richard T. Glaviano, hereby verify and state that the facts set forth in the foregoing
document are true and correct to the best of my information, knowledge and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S.A. $4904 relating to
unsworn verification to authorities.
Richard T. Glaviano
DATE: U'1-7 /oa
- ®na®t smei
CERTIFICATE OF SERVICE
1, Maria P. Cognetti, Esquire. Attorney for Defendant herein, do hereby certify that on
this date I served the foregoing Response of Defendant to Petition to Prevent Dissipation of
Marital Assets by depositing a true and exact copy thereof in the United States mail, first class,
postage prepaid, addressed as follows:
Edward J. Weintraub, Esquire
2650 North Third Street
Harrisburg, PA 17110
MARIA P. COGNETTI & ASSOCIATES
1 _
Date: June / 7 , 2002 By: /?CGLlA S
MARIA P. COGN T 'I & ASSOCIATES
Attorney I.D. No. 2 14
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant
?, ?.,
A?
??.
[I rI\ ?~
?). .J
.
?.?
_7
r.i ?
_ ?i :s
?
1 ??
:j
G? ,irk
U
LAW OFFICES OF
EDWARD J. WEINTRAUB & ASSOCIATES
VRACTICE LIMITED TO FA\llI.1' 1A\V
2650 N. Tl lilt]) STREET
I IARRISBURG. PIiNNSYLVANIA 17 110
(717)2'38-2200 I'AX - (7 17) 23ti 92RI1 Ii \I,\IL -lit\'UI VORCf Grnol..atat
Edward 1• Weintraub
Jennifer L. Prechette'
Ste Qhanie L. Nlih:dko
also admitted VA Bm
MEMORANDUM
TO: Robert E. Elicker, Esquire' -
FROM: Edward J. Weintr ddlo/Es di
RE: Glaviano
DATE: September 24, 2002
Leal Assistants
\?N c un:m
Karin L. I line
Our pretrial statements are due Friday, September 27, 2002. 1 am requesting an
extension until the following Friday, October 4, 2002.
I was injured on September 23, 2002 and will have surgery on September 24, 2002.
1 expect to return to work on September 30, 2002.
Unless I hear from you or Maria to the contrary, I will assume that October 4, 2002
is agreeable (and will not expect that Maria will file hers until then either).
Maria Cognetti, Esquire
Lynn Glaviano
LAW OFFICES OF
EDWARD J. WEIN'rRAUB & ASSOCIATES
PRACTICE I-IN111T) TO FAN n IN IAW
50 N.'r! IIRD S'rlu:j: I-
26
I IARRI SHURC. PENNSYLVAN IA 17110
(717)23S-?21111 FnX-(7171 238-9280
!_-\LUi.-E\\'UI\'OIiCE(rnui_(:u?t
I'dwanl I. Weintraub
Jennifer L. I recliette`
Staethanie L. Mih:dku
also admirted VA Bar
MEMORANDUM
1_L! its
t\-list\
Karen L. Hine
TO: E. Robert Elicker, II, Esquire
FROM: Stephanie L. Mihalko, Esquire! w_c /'t-?.c Uo
RE: Glaviano v. Glaviano
DATE: October 7, 2002
Enclosed is a time-stamped copy of Plaintiff's Pre-Trial Statement, Income and
Expense Statement, and Inventory and Appraisement.
Please feel free to call if you have any questions.
SLM:klh
Enclosures
Attorneys and Colnmeim'S' of Lem,
Maria 11. Cognetti"
Alammy at Lim
Leidia M. Jennings
A(turncy at law
'Fellow. American Acadam or
Matrimonial I.a%%)e'rti
•Pclluw. International Acadcnw or
Matrimonial Lawyers
October 22. 2002
L. Robert Clicker. 11. Divorce Master
ATTEN"riom Trace Richards
Cumberland County
9 North Hanover Street
Carlisle, PA 17013
RE. GLAVIANO v. GLAVIANO
Our File No. 799
Dear Tracy:
Karen A. Sheriff
Par:dcgal
Candith Y.I[ill
I'amlcgat
Pursuant to your telephone conversation with my paralegal, Candy Hill, last week. I have
contacted opposing counsel in this matter, Edward J. Weintraub. Esquire, to request his
concurrence to commence the December 20, 2002 Pre-Trial Conference at 9:00 AM Instead oI
9:30 AM. Mr. Weintraub has agreed to the earlier starting time.
Therefore. I am writing to confirm that the Pre-Trial Conference, scheduled for December
20, 2002, will now begin at 9:00 AM. 1 will be sure that opposing counsel receives this smnc
confirmation by a copy of this letter.
Thank you for your attention to this matter.
Veq? truly you .,
Maria P. gncttiJ
MPC/wa%v
cc: Edward J. Weintraub. Esquire
Richard Glaviano
Practice Limned to jVAurimonia! Law
210 Grandview Avenue, Suite 102 • Camp Ifill. PA 1701 1
Telephone(717)909-4060 • Pax (717) 909-4068
Email CoeneuiLew a'aol.coni
D';[ARIA IP. Ass0CIATEs
A11orneys and Counselors (it Lang
Mario 11. Cognetli•
AU-111,C) III 1-My
Lelglnt M. Jennings
Allorney at Law
-rdlow,,pneliean Academy of
MnVimolual Lmt))ers
'rdlmv haemanonal Acadernyal
k14111111"Ill:d Lawycrt
November 6, 2002
NIr. Curtis It. Long, Prothonotary
Cumberland County Courthouse
Onc Courthouse Square
Carlisle, PA 17013
RE. GLAVIANO v. GLAVIANO
Docket No. 99-6828
Our File No. 799
Dear Mr. Long:
Karen A. Sheriff
Paralegal
Candith Y. Hill
Paralegal
Enclosed please find an original and two (2) copies of the Inventory and Appraisement, as
well as the Income and Expense Statement for Defendant in the above-referenced divorce action.
Also enclosed is a self-addressed, stamped envelope for your convenience in returning clocked-in
copies to this office.
I am forwarding a copy of each of these documents to the Master assigned to this case
under cover of it copy of this letter.
Very truly yours,
C-<!.t,
Candith Y. H l
Paralegal
CYI-I/waw
I:nclosttres
cc: E. Robert Elicker, II, Divorce Master (%v/enclosures)
Edward J. Weintraub, Esquire (%v/enclosures)
Richard T. Glaviano (w/enclosures)
Practice Limited to Matrimonial Law
210 Grandview Avenue, Suite 102 ? Camp Hill, PA 17011
Telephone (717) 909-4060 ? Fax (717) 909-4065
Email CognettiLawCaol.com
?
t ,?O•, Nom}.
?_? .
.??
I
??r
K
i.wF...1• t_
1 ?S7i11U?V?'?1 "? __
U
"ES
_
J ?' O
r ? U
• :Ll _C°n
Ltl U c U t j
1:1
r4
II 1`.
Ili .rte
_ ri
u
I
I ? C
c
i
i
i.
i?
i
n^
i
I
LYNN N. GLAVIANO,
Plaintiff,
VS.
RICHARD T. GLAVIANO,
Defendant
* IN THE COURT OF COMMON PLEAS
* CUMBERLAND COUNTY, PA
*
* NO. 99-6823
*
CIVIL ACTION - LAN
IN DIVORCE
INVENTORY AND APPRAISEIX/IENT
OF LYNN W. GLAVIANO, PLAINTIFF
Plaintiff, Lynn W. Glaviano, files the following Inventory and Appraisement of all
property owned or possessed by either party at the time the parties were separated.
Plaintiff verifies that the statements made in this Inventory and Appraisement are true
and correct.
Plaintiff understands that false statements herein are made subject to the penalties of
18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities.
?S:2'3' 2 e? Q n
Lvn laviano, Plaintiff
Date: 1 0 - U j-
ASSETS OF PARTIES
Lynn N. Glaviano, Plaintiff, marks on the list below those items applicable to the
case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of
the appraisal report is attached.
(X) 1. Real property
(X) 2. Motor vehicles
(X) J. Stocks, bonds, securities and options
( ) 4- Certificates of deposit
(X) 5. Checking accounts, cash
(X) 6. Savings accounts, money market and savings certificates
() 7. Contents of safe deposit box
() 8. Trusts
(X) 9. Life insurance policies (indicate face value, cash surrender value and
current beneficiaries)
() 10. Annuities
() 11. Gifts
(X) 12. Inheritances
() 13. Patents, copyrights, inventions, royalties
() 14. Personal property outside the home
() 15. Businesses (list all owners, including percentage of ownership and
officer/director positions held by a party with company)
O 16. Employment/termination benefits - severance pay, worker's
compensation claim/award
() 17. Profit sharing plans
(X) 18. Pension plans (indicate employee contribution and date plan vests)
(X) 19. Retirement plans, Individual Retirement Accounts
() 20. Disability payments
() 21. Litigation claims (matured and unmatured)
O 22. MilitaryN.A. benefits
() 23. Educational benefits
() 24. Debts due, including loans, mortgages held
(X) 25. Household furnishings and personalty (includes as a total category
and attach itemized list if distribution of such assets is in dispute)
() 26. Other
LIABILITIES OF PARTIES
Plaintiff, Lynn W. Glaviano, marks on the list below those items applicable to the
case at bar and itemizes the liabilities on the following pages.
SECURED
(X) L Mortgages
O 2. Judgments
() 3. Liens
O 4. Other secured liabilities
UNSECURED
(X) 5. Credit card balances
() 6. Purchases
() 7. Loan payments
() 8. Notes payable
() 9. Other unsecured liabilities
CONTINGENT OR DEFERRED
O 10. Contracts or agreements
O 11. Promissory notes
O 12. Lawsuits
() 13. Options
() 14. Taxes
() 15. Other contingent or deferred liabilities
,a
u
n
_ n
U_ 1 1 (`1 N J N
? ? n U w v Lc ri •-• I C o
? i n CI
G o rl °
`
c ° ? C C - ? ?
o
G °
°
? O
A
vl
? ?
N
C• b
CI r`
O M
A
'V
?
I C
P
n
r
T
'A
r
c
n
C
W
r•
CI
v C
O
I
O^'A O T
o nc
rn In r? ? rn vi vl rn ? w an - vi vl
J
o
r L
u
? n
o u
c c
• n u
N
u u G C
?
°
. > < U
j
'
n _N
F = '- c
am ° " `
`
c
. o
o
u
O
C n
u U
_ >0-
7 u
F
Q N c
c
L C ` '
N O
u
0 .o
`o
V
U V
^ _
Z 0
c
`
c
n
n
>
U
° ?... c a ? u u '0 1 t v
? °
C C ? (n V
? G V
G T
O
U ?i U C
? 1 r^JI UI
R -
E L N 1
7
n O C G u 1 O U C . C
y
v L ?••
n ,? O U L VI ` ? U Vl ? C .C ?
p w . U
N u r
l c C C v C z z C u
n '? v 2 U G G » Z Z .1 G
u
a °
N
n
o
V E
L
1
G -
?
C1
M
T
??.
v7
t?
W
C. o - ri
ti
^J
o
n
?` rl
O rl
O '^
0 ?
?
p
N1
`
i
v
i nl
?o o ?
r v
n ?n
? ?n
? ?°
`4
O
C
O
C
C 0
?
(A M
(A
f?
VI f
`I
!i) CI
?
C
H H n
c c
`
y 1 C L C
w u 4 v< [^. c L c ?
u v C yCC ? v a y !V
G
V Z? z? C < a U
4 16 V-: 06
'I
^J
L
? C
G
G
G
r -
? C
'= u
? y
3
V
'J
J -
U Il
L _
? `
O U
G
^ v G ?_
r :J C
N > < U
V
O
O
i' ? L J O 1 O O
L y G V
G G V C• p C
N O ? O O
Lit ? C
G C ? VI Vl
_ U
u ti
Q u C =I
rd U>C•
U
G C.
I
G? T
C\
C\ 7
C _ Y
c
F U
?, J c c c? o ? c
u
u N
G e G u ??
? G V 'J U J •J
Z r
= C C
Q _ l
O
z y
N `? V
o U J
F =
N G G
G ^?
- z of
J
C ` O
J
V
r C = 1
^ - ?I 5 O G G
C ? ° u Q
C
- < G U
.c
=I
N
M
-J
N
F
i
G
cJ
C
.j
O
V
O
u
C
C
G
c
C
U?
?I ^I
^ it
.
u
u
-
C rl
C
r
_ r`1
t\
_
C C
u
FI i
G L U= n C
n
11
i
?n
J
GI - _
z cl '
C)
0
G
2 Ul
1
C
J
V
l
l?
? I
1. ?
_n > 1
En < -
L ? U
`vI
ri r1
lRr?lS
SYLVANIA 17110
i I F,tJ!t?3 ?IfiS'tf:
FAX:(717) 238.9280
Plaintiff Name:
Defendant Name:
Docket Number:
PACSES Case Number:
Other State ID Number:
Please note: All correspondence must Mode the PACSES Case Number.
Income and Expense Statement
THIS FORM MUST BE FILLED OUT
(If you are self-employed or if you are salaried by a business of which you are owner in whole or part; you must
also 611 out the Supplemental Income Statement which appears on page two of this income and expense
statement.)
INCOME STATEMENT OF Lynn W. Glaviano
Section I: Income and Insurance
INCOME:
Employer self-homemaker
Address
Type of Work
Payroll No. Gross Pay per Pay Period S Pay Period (wkly., bi•wkly., e(c.)
Itemized Payroll Deductions:
Net Pay per Pay Period S
OTHER (Fill in A ro riate Column)
'E
INCOME WEEK MONTH YEAR PROPERTY
Ownership
OWNED
res
idcnds
id
nd
DESCRIPTION
VALUE
H W J
sion Checking Accounts Commerce Acct S 1,7
M
I
uh Savings Accounts
American Expr.
1,
? Ls Credit Union
,hies
Stocks/Bonds
ensc Account Exxon 70,000.
Real Estate \la Land 44,000. X
Xa?S)t IRA IRA's X
e4nuation house L '
TOTAL IS262,044.
H- Husband; W=Wife; )=Joint
Scrvtce Type Form IN-008
Worker ID
?: r • i_
;
r.
__
r
... ? ?J
?? 1
F- i.
'
? _
L?
? i\? ??
-} _? U
Income and Expense Statement
PACSES Case Number
INSURANCE COMPANY POL
Hospital
Slue Cross Capitol Blue Cross QAC-
Other 438-8
Mcal
Slue Shield Capital Blue QAC- M
Other 438-8 xX
Health/Accident
Disability Incom
e
Dental
Other
H=Husband; W=Wife; C=Child
Section II: Supplemental Income Statement
A. This form is to be filled out by a person
? (1) who operates a business or practices a profession. or
? (2) who is a member of a partnership or joint venture, or
? (3) who is a shareholder in and is salaried by a closed corporation or similar entity.
b. Attach to this statement a copy of the following documents mlaling to the partnership, joint venture, business, profession,
corporation or similar enthy:
(1) the most recent Federal Income Tax Return, and
(2) the most recent Profit and Loss Statement
C. Name of business:
Address and telephone
d. Nature of business (check one)
? (1) partnership
? (2) joint venture
? (3) profession
? (4) closed corporation
0 (5) outer hobby
e. Name of accountant, controller or other person in charge of financial records:
f. Annual income from business:
around 1,000.00
(1) How often is income received?
when jobs are Complete
(2) Gross income per pay period:
(3) Net income per pay period:
(4) Specified deductions, if any:
Page 2 o(3 Form IN-008
Service Type Worker ID
Income and Expense Statement
PACSES Case Number
Section III: Expenses
Instructions: Only show extraordinary expenses in this section unless you filled out Section II on page two. The categoes
in BOLD FONT are especially important for calculating child ri
support. If you are requesting Spousal Support/APL or if
you assert your case cannot be determined according to the guideline grids or formula, this section must be fully completed
(pAI in Appropriate Column)
Appropriate Column)
EXPENSES GXPENSES (FJI in
WEEK MONTH YEAR (continued) WEEK h4ONT{{ YEAR
I4ivate Scbool I $
1 verify that dse statements made in this Income and Expense Statement are we and correct. I understand that false
smtcmenu herein are subject to the criminal penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities.
Ib- 1-off v ?.J. ;-UL_ t
,<- 'J
Data r71 V0.
Service Type
Additional Medical and Dental Costs
Lauren
new retainer, eyes examine and additional glasses, counseling needed
projected to cost 80.00 a month.
Kathryn
filling for teeth, additional orthodontic procedures, continued counseling cost
70.00 per month
Meghan
recommended weekly allergy injections @ 17.00, senun for shots 75.00
per month, allergy prescriptions that run 82.00 a month. After it is
determined that these allergy prescriptions will continue 1 can buy in three
month supply to lower the cost. He qo- c: - Y' elec;-Aey'
?io `I-o ar-
_'
?! f=
?:;
:'
?-..
r__ 4'.i
c
.?
"_
.?
U
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Defendant
LYNN W. GLAVIANO,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6828
RICHARD T. GLAVIANO, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
INVENTORY AND APPRAISEMENT
OF DEFENDANT
Richard T. Glaviano files the following Inventory and Appraisement of all property
owned or possessed by either party at the date of separation and all property transferred within
the preceding three years.
Respectfully Submitted:
MARIA P. COGNETTI & ASSOCIATES
Date: November !0 2002 By:
MARIA . C ETTI, ESQUIRE
Attorney I.D. o. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attomey for Defendant
1
ASSETS OF PARTIES
Defendant marks on the list below those items applicable to the case at bar and
itemizes the assets on the following pages. If an item has been appraised, a copy of the
appraisal report is attached.
(X) 1. Real property
(X) 2. Motor vehicles
( X ) 3. Stocks, bonds, securities and options
( ) 4. Certificates of deposit
(X) 5. Checking accounts, cash
( X ) 6. Savings accounts, money market and savings certificates
( ) 7. Contents of safe deposit boxes
( ) 8. Trusts
(X) 9. Life insurance policies (indicate face value, cash surrender
value and current beneficiaries.
( ) 10. Annuities
( X ) 11. Inheritances
( ) 12. Patents, copyrights, inventions, royalties
( ) 13. Personal property outside the home
( ) 14. Business (list all owners, including percentage of ownership
and officer/director positions held by a party with company.
( ) 15. Employment termination benefits - severance pay, workman's
compensation claim/award
( ) 16. Profit sharing plans
( X ) 17. Pension plans (indicate employee contribution and date plan
vests)
( X ) 18. Retirement plans, Individual Retirement Accounts
( ) 19. Disability payments
( ) 20. Litigation claims (matured and unmatured)
( ) 21. MilitaryN.A. benefits
( ) 22. Education benefits
( X ) 23. Debts you own (and/or your wife or husband), including
loans, mortgages held, etc.
( X ) 24. Household furnishings and personalty (include as a total
category and attach an itemized list if distribution of such
assets is in dispute
( ) 25. Other
spouses have a legal or
to this action was commenced:
Item
Number Description of Property Name of All Owners
I Marital Residence - 528 Penn Ayr Road, Camp
Hill, PA 17011 Defendant & Plaintiff
2 1998 Mercury Sable Defendant & Plaintiff
2 1997 Chrysler Mini-Van Defendant & Plaintiff
3 638.7681 shares of GPU stock Defendant
5 PNC Bank checking account
451-4016-2266 Defendant & Plaintiff
5 Commerce Bank checking account Plaintiff
6 PNC Bank savings account Defendant & Plaintiff
6 PNC Bank Money Market account Defendant & Plaintiff
6 Navy Federal Credit Union savings account Defendant & Plaintiff
6 Navy Federal Credit Union savings account Defendant & Plaintiff
6 Utilities Employees Credit Union savings account
93990-14 Defendant & Plaintiff
9 Marital portion of MetLife Insurance policy Defendant
11 Marital portion of inherited Exxon Fund stock Plaintiff
11 Marital portion of inherited Amcap Fund stock Plaintiff
11 Marital portion of inherited Alabama lots (5) Plaintiff
11 Marital portion of inherited 5 acrc lot in Alabama Plaintiff
l7 GPU Employees Savings Plan 401(k) Defendant
18 GPU Pension Defendant
18 Navy Federal Credit Union IRA Defendant
#0363944-901
18 Navy Federal Credit Union IRA Plaintiff
40363944-919-0001
18 American Express IDS IRA Defendant
#119470987001
18 American Express IDS IRA Plaintiff
#11946974001
24 Household furnishings Defendant & Plaintiff
NON-MARITAL PROPERTY
Defendant lists all property in which a spouse has a legal or equitable interest which is
claimed to be excluded from marital property:
Item Description of Property Reason for Exclusion
Number
3 164 shares of MetLife stock Defendant; acquired post-
separation
5 Waypoint Bank checking account Defendant; acquired post-
93000011111 separation
5 PNC Bank checking account Defendant; acquired post-
450-0082-9719 separation
5 Utilities Employee Credit Union share account Defendant; acquired post-
#70000851 separation
9 Non-marital portion of MctLife Insurance policy Acquired prior to marriage
11 R0PF,RTY TRANSFE,1111ED
Certain financial accounts have been utilized and/or depleted. I lowever, all are accounted for as
"marital" property.
LIABI_ L III E-S
Description of Property
Names of All Creditors
Names of All Debtors
Mortgage on marital residence
Credit card debt
Alliance Mortgage Co.
9011072
USAA Federal Savings
Bank
#4046 4461 8600 6105
Defendant & Plaintiff
Defendant & Plaintiff
Citibank Defendant & Plaintiff
Credit card debt 94128 0022 46522 119
CERTIFICATE OF SERVICE
I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on
this date I served the foregoing Inventory and Appraisement of Defendant, by depositing a true
and exact copy thereof in the United States mail, first class, postage prepaid, addressed as
follows:
Edward J. Weintraub, Esquire
2650 North Third Street
Harrisburg, PA 17110
MARIA P. COGNETTI & ASSOCIATES
Date: November (O , 2002 By:
MARIA P. OGN I & ASSOCIATES
Attorney I.D. No. 2 4
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant
i
1 ?!
,.
i
??
?: ??
?: ?. ,
?,:
_
: -?
_
- - ,
.-
, :
,
_
._ ?.
, _.
?. .?
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attomey I.D. No. 27914
210 Grandview Avenue. Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Defendant
LYNN W. GLAVIANO,
Plaintiff
: IN TEIE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
RICHARD T. GLAV IANO,
Defendant
NO. 99-6828
CIVIL ACTION - LAW
IN DIVORCE
INCOME AND EXPENSE STATEMENT
RICHARD T. GLAViANO
The following is the Income and Expense Statement filed by Richard T. Glaviano,
Defendant, in the above-captioned divorce.
?c
GN T[, ESQUIRE
MARIA P. CO?e_
Attorney for Defendant
a
09/25/02
INCOME AND EXPENSE STATEMENT OF
RICHARD T. GLAVIANO
Employer: RICHARD T. GLAVIANO
Address: 528 Penn Ayr Road, Camp Hill. PA 17011
Type of Work:
Payroll Number:
Pay Period (weekly, biweekly, etc.): Unemployed
GROSS PAY PER PERIOD:
Itemized Payroll Deductions:
Federal Withholding:
Social Security:
Medicare:
Local Wage Tax:
State Income Tax:
Unemployment Tax:
Retirement:
Savings Bonds:
Credit Union:
Life Insurance:
Health Insurance:
Other: (specify)
NET PAY PER PAY PERIOD: $0.00
OTHER INCOME:
I'
I
* Interest
i
* Dividends
Pension
i Annuity
?I Social Security
li Rents
I,
Royalties
Expense Account
Unemployment Comp.
(Total 2002)
I
I Workmen's Comp.
I
I
TOTAL OTHER GROSS INCOME:
I
i
TOTAL MONTHLY NET INCOME:
WEEK MONTH YEAR
$1,565.00
$950.00
$10.900.00
$1.076.25 512,915.00
* Figures based on investment income from 2001. Said income is
not recurring.
HOME:
Mortgage
Maintenance
Repairs
UTILITIES:
Electric
Gas
Oil
Telephone
Water
Sewer
Internet
EMPLOYMENT:
Public Transportation
Lunch
TAXES:
Real Estate
Personal Property
Income
INSURANCE:
Homeowners
Automobile
'Life
Accident
Health
Other
AUTOMOBILE:
WEEKLY
MONTHLY YEARLY
$500.00 $6,000.00
$83.33 $1.000.00
$416.67 $5,000.00
$66.67 $800.00
$91.67 $1,100.00
$66.67 $800.00
$20.00 $240.00
$33.33 $400.00
$50.00 $600.00
$133.33 $1,600.00
$8.33 $100.00
$45.83 $550.00
$41.67 $500.00
$8.33 $100.00
$350.00 $4,200.00
WEEKLY MONTHLY YEARLY
Payments
Fuel
Repairs
Maintenance
Licenses
Registration
Auto Club
MEDICAL:
Doctor
Dentist
Orthodontist
Hospital
Medicine
Psychologist
Special needs
(glasses)
EDUCATION:
Private school
Parochial school
College
Religious
School lunches
Books/misc.
PERSONAL:
Clothing
Food
Barber/hairdresser
$62.50 $750.00
$50.00 $600.00
$2.00 $24.00
$3.00 $36.00
$2.92 $35.00
$12.50 $150.00
$16.67 $200.00
$83.33 $1,000.00
$33.33 $400.00
$83.33 $1,000.00
$20.83 $250.00
$37.50 $450.00
$250.00 $3,000.00
$13.33 $160.00
Personal care
Laundry/dry cleaning
Hobbies
Memberships
CREDIT PAYMENTS:
Credit card-USAA
(Joint debt)
Charge account
MISCELLANEOUS:
Household help
Child care
Camp
Pet expense
Papers/books/
magazines
Entertainment
Pay TV
Vacation
Gifts
Legal fees
Charitable
Contributions
Religious
Memberships
Children's
Allowances
Other Child
Support
Support/Medical
WEEKLY
MONTHLY
YEARLY
$16.67 $200.00
$50.00 $600.00
$8.33 $100
00
.
$100.00 $1,200.00
$33.33 $400.00
$83.33 $1,000.00
$66.67 $800
00
.
$416.67 $5,000.00
$25.00 $300.00
$3,000.00 $36.000.00
$150.00 $1,800.00
a
i
Alimony
payments
Lessons for
Children
OTHER:
WEEKLY MONTHLY YEARLY
TOTAL EXPENSES $6,537.07 $78,445.00
VERIFICATION
1. Richard T. Glaviano, hereby verily and state that the frets set forth in the foregoing
document are true and correct to the best of my information, knowledge and bclicf. I understand
that false statements herein arc made subject to the penalties of 18 Pa. C.S.A. §4904 relating to
unsworn verification to authorities.
(9,?taux - -Ct-<A?
Richard T. Glaviano
DATE: "??Y'1Oa
CERTIFICATE OF SERVICE
I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on
this date I served the foregoing Inventory and Appraisement of Richard T. Glaviano, by
depositing a true and exact copy thereof in the United States mail, first class, postage prepaid,
addressed as follows:
Edward J. Weintraub, Esquire
2650 North Third Street
Harrisburg, PA 17110
MARIA P. COGNETTI & ASSOCIATES
Date: November rG '2002 By:/ 6/ t
MARIA V. CO N TTI & ASSOCIATES
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant
?- :? _=
f? i•.
_. ?.
i .?
..- '"[1
':I "j
?C ? 1
r..11
. ' _ L..
i_> ,.?i U
LYNN W. GLAVIANO, IN TI1E COURT OT COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA
v. CIVIL ACTION - LAW
RICHARD T. GLAVIANO. :
Defendant 99-6828 CIVIL TERM
ORDER OF COURT
AND NOW, this 11'x' clay of December, 2002, upon consideration of Plaintiff's
Petition for Discovery and Vocational Evaluation, and Def'endant's Answer to Plaintiffs
Petition for Discovery and Vocational Evaluation, the petition is granted and Defendant
is directed to submit to an interview and testing by Dr. Paul Anderson, vocational expert,
the expense of which shall be Plaintiffs responsibility.
BY THE COURT.
i
resley Olc .. .l.
? Edward I Weintraub, Esq.
2650 North Third Street
Harrisburg. PA 171 10
Attorney for Plaintiff
Maria P. Cognetti. Esq.
210 Grandview Avenue
Suite 102
camp Hill. PA 17011
Attorney for Defendant
L4rle?
Ia-?a-oa
:rc
:, ? -, ,
?; .,-
c ??
LYNN W. GLAVIANO.
I'laintifl7Petitioner
RICHARD T. GLAVIANO,
Defendant/Respondent
OFC 0 y 7001
IN 7118 COURT OP COi\,flM0N PLEAS of
CUMBERLAND COUNTY. PENNSYLVANIA
.11A SL•S_ A0I.o11ti
CIVIL. ACTION - LAW
IN,SUPRORT
ORI)F.R OP COURT
AND NOW. this day of 3002, it is hereby ORDERED
that Petitioner's Petition for DiscoverN, and Vocational E%'alaation is DENIED.
BY 71113 LOUR"I':
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Gmndvicw Avenue. Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for DefendonURespondent
LYNN W. GLAVIANO. IN THE COURT OF COMMON PLEAS OF
Plaintifl7Petitioner CUMBERLAND COUNTY. PENNSYLVANIA
V. NO. 310 S 2000
PACSES 440102213
RICHARD T. GLAVIANO, CIVIL ACTION - LAW
Defendant/Respondent IN SUPPORT
ANSWER TO PETITION FOR DISCOVERY AND VOCATIONAL EVALUATION
AND NOW, comes Respondent, Richard T. Glaviano, by and through his attorney, Maria
P. Cognetti, Esquire, and files this Answer to Petitioners Petition for Discovery and Vocational
Evaluation, with the understanding that counsel for Petitioner intends to change the caption, by
Praccipe, to the divorce caption, Docket No. 99-6828. Were it the intention of Petitioner to file
this Petition under the support caption. Respondent would have tiled a Motion to Dismiss.
Respondent files his Answer and in support thereof avers as follows:
Admitted.
2. Admitted.
3. Admitted.
4. Denied. An earning capacity for Respondent was determined by this Court by
Order dated June 29. 2000.
i
I
II
5. Admitted with clarification. It is admitted that Respondent was employed from
1979 until 1997 in various separate capacities, such as an engineer, a supervisor, and a manager.
Respondent subsequently lost his Job through no fault of his own.
6. Admitted with clarification. It is admitted that since the parties' separation in
April of2000. Respondent has not been successtid in obtaining employment in his bighly-
specialized field, despite his best efforts.
7. Admitted. It is admitted that prior to separation. Respondent's annual income was
approximately SM000.00 annually, which is what his canting capacity has been determined to
be by this Court.
S. Admitted and denied. It is admitted that Respondent reported earned income in
2001 of $1,565.00. It is denied that said earned income was the result of employment.
9. Admitted and denied. It is admitted Respondent is unemployed at the present
time. It is denied that there is nothing to prevent him From seeking and holding full time
employment. To the contrary, Respondent's education and skills are in it highly-specialir_ccl field
for which there is very little opportunity for employment in this area.
\VFIEREPORE. Respondent respectfully requests that this Court deny Petitioner's
Petition for Diseovcrv and Vocational Evaluation,
Respectibily Submitted:
MARIA 1'. COC1Yh:1 TI & ASSOCIATES
Date: November -27 , 2002 13v: ?l
MARIA 1. CO(
I.1 1 I, 1.. QUIRI's
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Bill, PA 17011
Telephone No. (717) 909-4060
Attorney ]'or Dclcndant/Respondent
CERTIFICATE OF SERVICE
1. Maria P. Cognctti, Esquirc, Attorney for Dclendant/Respondent herein, do hereby
certify that on this date I served the rorcgoing Response to Petition f'or Discovery and Vocational
Evaluation, by depositing a true and exact copy thereof in the United States mail, first class.
postage prepaid, addressed as follows:
Edward J. Weintraub, Esquire
2650 North 't'hird Street
'lirrisburg, PA 17110
MARIA P. COGNETTI & ASSOCIATES
Date: November o1' . 2002 By:
D9ARIA P. COGi , rTI & ASSOCIATES
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill. PA 17011
'rclephonc No. (717) 909-4060
Attorney for Delendant/Respondent
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. DOMESTIC Rj:LA'riONS SEC -ION
RICHARD T. GLAVIANO, -N8 '11-0t}3 (? P@R(P T SS ` tX
Defendant P-AGS' S- o 44010u-)13
ORDER OF COURT
AND NOW, this 12°i day of November, 2002, upon consideration of Plaintiff's
Petition for Discovery and Vocational Evaluation, a Rule is hereby issued upon
Defendant to show cause why the relicfrcquested should not be granted.
RULE RETURNABLE within 20 clays ol'service.
BY THE COURT.
i
J. Wesley OICrJ
Edward J. Weintraub, Esq.
2650 North Third Street
Harrisburg, PA 17110
Attorney for Plaintiff'
Maria P. Cognetti, Esq.
210 Grandview Avenue "
Camp Hill, PA 17011
Attorney for Defendant _
-, fJ
:rc
LYNN \V. GLIVIANO,
Plaintiff,
VS.
RICf1ARD T. GLAVIANO,
Defendant
* IN'1'111: COURT O1- CODIAION PLEAS
* CUMBERLAND COUNTN', PA
*
* NO. 99-6828
*
* CIVIL AC'T'ION - LAN'
* IN DIVORCE
PETITION _FOR DISCOVERY AND_VOCATIONAL EVALUATION
AND NO1V, Petitioner, by and through her attorney, Edward J. Weintraub, Esquire, files
the within Petition for Vocational Evaluation, and in support thereof avers as follows:
Petitioner is Lynn W. Glaviano, hereinafter (Wife).
2. Respondent is Richard T. Glaviano, hereinafter (Husband).
3. A divorce action between the parties is pending belore this Court in which Wife
seeks, inler olio, equitable distribution, alimony and support.
4. In order to adequately prepare her equitable distribution and other economic
claims, Wife requires an evaluation of Husband's coming capacity, and his cooperation with the
vocational expert selected by Petitioner.
5. Prior to the parties separation in 4/6/00, Husband was employed from 1979 until
1997 as an engineer and nuclear plant manager for GPU at the Three Mile Island Nuclear Power
Station.
6. Since the parties separation in April 2000, Flusband has been essentially
unemployed or drastical ly Underemployed.
7. 1lusbaud's annual income for several years prior to the parties separation was
approximately S80,000 annually.
S. In 2001, husband reported earned income from employment of S 1,565 and his
Current income is unknown.
9. Petitioner believes and therclor avers that Respondent is under or unemployed.
I
though he has no disability which would prevent him prom seeking and holding full-time
j employment equal with his education and skills
j %VhIEREFORE, Petitioner respcctfUIIy rcqucsls that this Court grant the within Petition
I
i and direct Defendant to cooperate fully with a comprehensive vocational evaluation, to be
conducted by Petitioner's expert. Dr. Paul Anderson.
I ?
(Respcctf'tilly submitted,
I l _
Edward J. Weintraub, Esquire
Attorney for Petitioner
VERIFICATION
t, Lynn W. Glaviano, hereby swear and affirm that the facts
contained in the foregoing Petition for Discovery and Vocational Evaluation are
true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904
relating to unsworn falsification to authorities.
Date: v: 3 - u?? i l i ?. 1 C. rz?,( C-)
Lynn Glaviano, Plaintiff
v
31-
i
V
V !
L
l U
U
?l
1
c?
v
LYNN W. GLAVIANO,
Plaintiff
Ys.
RICIIARD'r. GLAVIANO,
Defendant
*IN THE COURT OF COMMON PLEAS
*CUMBERLAND COUNTY,
*1'ENNq LV'? b4
qq- _ tNO-. n- --200(1-
12
*CIVIL ACTION-LAW IN SUPPORT
CER'rlFICATE OR SERVICE
I, Sharon Reisinger, Legal Assistant to Edward J. Weintraub, Esquire, hereby
certify that on October 30, 2002, 1 served a true and correct copy of the Petition lbr
Discovery and Vocational Evaluation upon Maria Cognetti, Esquire, Counsel for
Defendant, by depositing same, postage prc-paid, in the United States Mail, Harrisburg,
Pennsylvania, addressed as follows:
Maria Cognetti, Esquire
210 Grandview, Suite 102
Camp Hill, PA 17011
Date: 1i k1("-:'-
Sharon Reisinger `-
-Sharon
.,I
.Ix
I?
t v`i
J_
.l
0
S
v
T
V
0l
I?
0
Y.
v
J
J
Q
7) 238.9280
LYNN W. GLAVIANO,
Plaintiff,
Vs.
RICHARD T. GLAVIANO,
Derendant
* IN THE COURT OF COMMON PLEAS
* CUMBERLAND COUNTY, PA
*
* NO. 99-6828
*
* CIVIL ACTION - LAW
* IN DIVORCE
PRAECIPE TO CORRECT CAPTION
TO THE PROTHONOTARY:
Kindly strike the support caption erroneously placed by counsel on the
attached Petition for Discovery and Vocational Evaluation and the November 12, 2002
Order of Court and substitute the enclosed revised first page of the Petition, which correctly
reflects the Divorce Caption.
Dated:
adw- . Weintra/
ub, Esquire
2650 North Third Street
Harrisburg, PA 17110
(717) 238-2200
ID #17441
ATTORNEY FOR PLAINTIFF
Y ON
• G
PJ -?
LYNN W. GLAVIANO, IN THE COURT OP COMMON PLEAS OF
Plaintiff' CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
RICHARD T. GLAVIANO, j
Defendant NO. 99-6828 CIVIL TERM
LYNN W. GLAVIANO, IN THE COURT OP COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. DOMESTIC RELATIONS SECTION
RICHARD T. GLAVIANO, NO. 00-310 SUPPORT
Defendant PACSES NO. 4401002213
AMENDED ORDER OF COURT
AND NOW, this 25°' day of November, 2002, the Order of Court previously
entered in this matter on November 12, 2002, is hereby amended to reflect that this order
shall be entered to the civil case caption rather than the domestic relations section
caption. In all other respects the order shall remain as previously entered.
BY THE COURT,
Edward J. Weintraub, Esq.
2650 North Third Street
Harrisburg. PA 17110
Attorney for Plaintiff
Maria P. Cognetti, Esq.
210 Grandview Avenue
Camp Hill, PA 17011
Attorney for Defendant
v
f. Wesley Oller, Jr., i.
:re
25 2
Fu
i
iu
I! MARIA P. COGNETTI & ASSOCIATES
i, MARIA 11. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Flill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Defendant
LYNN W. GLAVIANO,
Plaintiff
V.
RICHARD T. GLAVIANO,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6828
CIVIL ACTION - LAW
IN DIVORCE
DEFENDANT'S PRE-TRIAL STATEMENT
Richard T. Glaviano, Defendant, by and through his attorney, Maria P. Cognetti, Esquire,
files the following Pre-Trial Statement:
TABLE OF CONTENTS
1. Background Information
II. Listing of Marital Assets and Debts
III. Listing of Personal Property
IV. Listing of Non-Marital Assets
V. Pensions
VI. Income and Expenses
VII. Counsel Fees and Costs
VIII. Expert Witnesses
1X. Non-Expert Witnesses
X. Listing of Proposed Exhibits
XI. Proposed Resolution
BACKGROUND INFORMATION
A. PARTIES
HUSBAND
NAME Richard T. Glaviano
ADDRESS 528 Penn Ayr Road, Camp Hill, PA 17011
AGE 49
DATE OF BIRTH 10/31/52
PLACE OF BIRTH New Orleans, LA
SOCIAL SECURITY NUMBER 438-86-6921
HEALTH Suffers from depression, vertigo, & partial
hearing loss.
EMPLOYER Not employed
OCCUPATION Engineer (Previously)
LENGTH OF RESIDENCY IN PA Since 12/79
EDUCATIONAL BACKGROUND Bachelor of Science Degree
WIFE
NAME Lynn W. Glaviano
ADDRESS 66 Old Pioneer Road, Camp Hill, PA 17011
AGE 49
DATE OF BIRTH 9/22/53
PLACE OF BIRTH New Orleans, LA
SOCIAL SECURITY NUMBER 433-74-1734
HEALTH Good
EMPLOYER Not employed
OCCUPATION Homemaker/Interior Decorating
LENGTH OF RESIDENCY IN PA Since 12/79
EDUCATIONAL BACKGROUND I Two full years of college plus 1 partial year.
B. CHILDREN
NAME AGE DATE OF BIRTH CUSTODIAN
Stephen R. Glaviano 16 2/19/86 Wife
Lauren M. Glaviano 12 12/26/89 Wife
Kathryn E. Glaviano 11 7/9/91 Wife
Meghan L. Glaviano 6 7/19/96 Wife
C. MARRIAGE INFORMATION
DATE OF MARRIAGE 5/10/74
PLACE OF MARRIAGE New Orleans, LA
DATE OF SEPARATION 11/10/99
CIRCUMSTANCES OF SEPARATION Wife filed Divorce Complaint
D. PRIOR MARRIAGE
WIFE -0-
HUSBAND -0-
E. CHILDREN OF OTHER RELATIONSHIPS/MARRIAGES
WIFE -0-
HUSBAND -0-
F. PROCEEDINGS INFORMATION
DATE ACTION COMMENCED 11/10/99
DATE OF SERVICE OF COMPLAINT 11/19/99
MANNER OF SERVICE OF
COMPLAINT Acceptance of Service
ISSUES RAISED IN DIVORCE Divorce, equitable distribution, alimony,
COMPLAINT alimony pendente lite, counsel fees and
expenses
DATE AMENDED COMPLAINT Not filed
FILED
ISSUES RAISED IN AMENDED n/a
COMPLAINT
DATE OF FILING OF ANSWER 12/10/99 (Answer)
AND/OR COUNTERCLAIM
ISSUES RAISED IN COUNTERCLAIM Not filed
BIFURCATION n/a
PREVIOUSLY RESOLVED ISSUES None
1. MARITAL ASSETS AND DEBTS
The following is a listing of the marital assets and debts of the parties:
ITEM
NO. DESCRIPTION
7 TOTAL
VALUE HUSBAND'S
POSSESSION WIFE'S
POSSESSION COMMENTS
,77
LA Marital $144,500.00 $144,500.00 Stipulate to
residence 528
Wife's stated
Penn Ayr Road
value
Camp Hill, PA
i`St7'i'°A?y
g?,'?" 4.?z?
.Uesl..a?,..1 1
ehtdl
'
",dr -? t
e sha 7- +4? ?L t
r '.i 7k` ¢) r.,5¢y fc, ?.
uy?,
h. .. ,r ?
m
2.A 1997 Chrysler $10,175.00 $10,175.00 r
Mini-Van
1998 Mercury $6,325.00 $6
325
00
,
. 9/13/02
Sable
S33'r 1,5 ,r J ?1? p?i,t?'Y?^'t} ?< ?„Ji; ??. ?
a
..fSr_? T I <r 1,..., /Aaconnts TS.Y? Cyy f'i vf.*sl
S [ y u q '
(4
? t?Fai- r , rr. 5 _
{?'^', Fi f )7, ? ?, ?.
f Y ?( .: S ?i1 rC l ? ?
AA] !??.?}'aSyF ?i/yi*y, 3`
.N.
.S .
ITEM DESCRIPTION TOTAL HUSBAND'S WIFE'S COMMENTS
NO. VALUE POSSESSION POSSESSION
3.A PNC checking $929.78 $929.78 DOS balance
#51-4016-2266 $8,843.14;
(Used to pay (3/30/00) Closed by
joint expenses Husband 6/00
until physical
separation on
416/00)
3.13 PNC savings $1,013.50 $1,013.50 DOS balance
#51-3018-4955 $19,670.34;
(Used to pay (3/30/00) Closed by
joint expenses Husband 6/00
until physical
separation on
4/6/00)
3.C Utility $14,137.81 $14,137.81 DOS Balance
Employees
Federal Credit
Union Shared
Acct.
3.1) PNC (Money $96,786.94 $96,786.94 DOS Balance
Market Acct) $100,000.00
#50-0199-2753 (3/28/00)
(Used to pay
joint expenses
until physical
separation on
4/6/00)
3.E Navy Federal $53.45 $53.45 DOS Balance
Credit Union
#363944-000
3.17 Navy Federal $191.23 $191.23 DOS Balance
Credit Union
#0363944-109
3.G Commerce $97,224.20 $97,224.20 10120199
checking
ITEM DESCRIPTION TOTAL HUSBAND'S WIFE'S COMMENTS
NO. VALUE POSSESSION POSSESSION
t5;'?.??i:° ,?j{
1?y,,,I(, KLt y.i •x?5'!n'o,`<r , r
?. r1'?? ,11,rf r ,? 1
1?. jl . 1 .} r. .,
! J1 '1 f.( I?l , ,
1.rA J 1 Y Y T r r r,l
? pL .? Irk ,.??? U
4.A GPU401(k) $204,685.08 $204,685.08 6/02
4.13 GPU Pension $102,653.00 $102,653.00 As per Wife's
3/02 valuation
s"? >St? 7t WA?y
@ a rl s thr '44'? + i
' , ? . I--? . >! , r
n h tl t a
o1 vr?ftJ..-.. ,.
tc311'i > >
. a1`f wy,. s
5.A 651.0095 shares $19,921.90 $19,921.90 11/24/99;
GPU stock sold by
Husband
7/11/01 for
$26,932.00
5.13 Marital portion Unknown Unknown Policy
of 164 shares purchased
MetLife
pre-marriage.
Converted
from Mutual
Co. to Stock
Co. after
Separation
(Share value
at conversion
was $2511.00
in 4/00).
?tidKy Ji> n°
6?j,5if?1 si
1 i ``< .1M,L?CF t aslY
Ltfe'7nsurancel a
_ +.. ....:w ..,,...'F.? yf- >?C?n -'j!`
«,?--,s;1 t.t ?:r11
.±ai YMr v.L)r?:lti! <t Y?'.?n y r t ?? c
,fir .-1 ,'r?,c i>h?
4'ti ',w,t•J r'ilk..., ?? 1.SL »??1 Y .,,.
'?l r.c ,?}YN`.?l ?'
1M..? ?7 .f .1 7 h i.'f .°.I'' wgx wy,
?r.,?r????
a A
6.A Marital Portion $15,800.41 $15,800.41 DOS value;
of MetLife
Purchased
Whole Life
rfiilJ+l "7' i
??Lr}? It,??j-
l../rk' it yr .,1?i?a
16Ya•1lf tllr !f?
?
YyY"1t
?yJ?.?)??'{
t
4'
? 3!1 ( ))-.
J l?f/'' NI hF.,
'
(t , 1
> nS ^'
-f+.^ yY H?J
i't` ?G" ? it
2 r
'? pre marriage.
I
it?t ??tY! 'W
?i. ?
?
. _
..1
v , .
.
!<i: ? y
?
- N?13l
7
7.A. Navy Federal $7,411.31 $7,411.31 12/99
Credit Union
#363944-109
7.13 Navy Federal $7,411.31 $7,411.31 12/99
Credit Union
# 0363944-901
-71
i
L?
ITEM DESCRIPTION TOTAL HUSBAND'S WIFE'S COMMENTS
NO. VALUE POSSESSION POSSESSION
7.C Finiancial $25,571.47 $25,571.47 1/06/00
IRA, Client
#1194 7098 7
001
7.1) Finical $25,571.47 $25,571.47 1/06/00
IRA, Client
#1194 6974 0
001
,ik 9`+i i1 i
8 s2E' 3{? +tyyj'1,t 'lrt v
, i% w t {
$Man ltFortron.P
f1<t'f° +t,a, , a: .a.
r4 4 r(a rtfl 't'1F i
f
Q? i. v.Jv ,4«!'f
?'
f. 1 ,? F"' ukC.
1
'•
'*
f
r,..w t
v .f• v'1 ;
?erttance, Ec y. v
` Yuin#
lprys : [t f
,-
?+
? ,
f f7 a. a
f
*").: S?r h , t,? •
: .:
- ix , f+
[
:?.., .?),?+7is .r.,^Aw -.'', 1
:r SE
.a;k , .e,.e.m
'
"r:h.3RZ-Q ? .,..e ..v....a•.?.ar. 4f `c m, ,.,.
.
,J . ,
8
A AMCAP Funds $10,805.57 $10,805.57 Marital
. Portion
Received as
Inheritance
9/1/94
8
13 Exxon Funds $76,470.75 $76,470.75 Marital
. Portion;
Received as
Inheritance
12/20/93;
sold 1/6/00
8.C Alabama 5 acre $12,578.75 $12,578.75 Marital Value
lot
8
13 Alabama lots (5) $102,008.78 $102,008.78 Marital Value
. (Based on
actual sale of
2 lots and
appraisal
value of 3
unsold lots)
Mfftt? `????+Y
(J?.'S?G: i. ( Y f
{ DebtS?fv1`i?*,t??"'?j.}''`?a
f .. .+,.I/.. ?,.'.t k ^f f 1 Y Y MS \Yt
?,?,'pfj9t?ay 1'*f'9
z, :.rs .S..?J•f,k Fr ya rrrYS y? ?'
, 'Y s?'?`
N ++SC.?'; .. 1:cG,? ] 1 R H Y1 ',
t e1 i`i SCt.r.ef.°51't nl t VhY
• r?.'.Ti{:
9
A USAA Credit $4,289.76 $4,289.76 3/04/00;Used
. Card jointly until
wife moved
out 11/10/99
ITEM
NO. DESCRIPTION TOTAL
VALUE HUSBAND'S
POSSESSION WIFE'S
POSSESSION COMMENTS
9.13 Citibank Credit $3,635.43 $3,635.43 4106100
Card
9.C Alliance $27,409.13 $27,409.13 DOS Balance
Mortgage (11/99)
Company
(marital
residence)
IT. LISTING OF PERSONAL PROPERTY
ITEMS RETAINED BY WIFE
DESCRIPTION VALUE
Household goods To be appraised, if
necessary
ITEMS RETAINED BY HUSBAND
DESCRIPTION VALUE
Household goods To be appraised, if
necessary
III. LISTING OF NON-MARITAL PROPERTY
The following is a listing of the non-marital assets of the parties:
No. Description Basis of Exclusion Owner
1. Portion ofAMCAP Fund Inheritance Wife
2. Portion of Exxon Fund Inheritance Wife
3. Portion of Value of 5
acre Alabama property Inheritance Wife
4. Portion of Value of 5
Alabama lots Inheritance Wife
No. Description Basis of Exclusion Owner
5. PNC checking Opened post- Husband
#50-0082-9719 separation
6. Utility Employees Opened post- Husband
Federal Credit Union separation
IV. PENSIONS
The following is a listing of the pensions of the parties:
PARTY DESCRIPTION
Husband GPU 401(k)
GPU Pension
Wife None
VI. INCOME AND EXPENSES
The following is a listing of the income and expenses of the parties:
PARTY DESCRIPTION AMOUNT
Husband
Gross Monthly Income
(Unemployment Compensation) $ 866.67
Net Monthly Income
Monthly Expenses $6,587.07
Wife
Gross Monthly Income Unknown
Net Monthly Income Unknown
PARTY DESCRIPTION AMOUNT
Monthly Expenses Unknown
VII. COUNSEL FEES
The following is a listing of the counsel fees and expenses incurred, or to be incurred by
the parties:
PARTY DESCRIPTION DATES AMOUNT
Husband
Counsel Fees 11/99-9/30/02 $18,715.68
Costs 11/99-9/30/02 $395.54
Anticipated Fees and Costs $10,000.00
Wife
Counsel Fees Unknown
Costs Unknown
Anticipated Fees and Costs Unknown
VIII. EXPERT WITNESSES
The following is a listing of the anticipated experts who will be called to testify in this
case:
NAME SUBJECT TO TESTIMONY
A Real Estate Appraiser Value of Alabama property, if necessary.
A Pension Appraiser Value of Husband's pension, if necessary.
Personal Property Appraiser Value of parties' personal property, if necessary
LLJ
Additional experts who may be called to testify are not known at this time. If such
additional experts are retained, Defendant reserves the right to call them as witnesses upon
proper notification to Plaintiff.
IX. NON-EXPERT WITNESSES
NAME SUBJECT TO TESTIMONY
Richard T. Glaviano History of the marriage; identification and
valuation of marital assets and debts; other
relevant testimony relating to the factors set forth
in the Divorce Code.
Lynn W. Glaviano, as of cross History of the marriage; identification and
valuation of marital assets and debts; other
relevant testimony relating to the factors set forth
in the Divorce Code.
Additional witnesses who may be called to testify are not known at this time. If such
additional witnesses are identified, Defendant reserves the right to call them as witnesses upon
proper notification to Plaintiff.
X. LISTING OF PROPOSED EXHIBITS
The following is a listing of Exhibits which are anticipated to be submitted at the hearing
¦
0
in this case:
NO. DESCRIPTION
I Defendant's Income and Expense Statement
2 Defendant's Counsel Fees Statements
3 Defendant's 2001 tax return
4 Appraisal reports for Alabama property
5 Documentation verifying mortgage balance
6 Documentation verifying value of Mercury Sable
NO. DESCRIPTION
7 Documentation verifying Chrysler mini-van
8 Documentation verifying GPU stock
9 Documentation verifying MetLife stock
10 Documentation verifying state of separation value of PNC Bank accounts
11 Documentation verifying date of separation of Commerce Bank accounts
12 Documentation verifying date of separation Value of UECU account
13 Documentation verifying cash values of MetLife insurance policy
14 Documentation verifying value of Exxon stock
15 Documentation verifying share value of AMCAP Fund
16 Documentation detailing Value ofAlabama properties/lots
17 2000 1099-S for proceeds from sale of two Alabama lots
18 HUD-IA settlement sheet for sale of two Alabama lots
19 Purchase Agreement for sale of five acre Alabama lot
20 HUD-IA settlement sheet for sale of five acre Alabama lot
21 Documentation verifying value of GPU 401(k)
22 Documentation verifying value of GPU pension
23 Documentation verifying value of Husband's Navy Federal Credit Union IRA
24 Documentation verifying value of Wife's Navy Federal Credit Union IRA
25 Documentation verifying value of Husband's American Express IRA
26 Documentation verifying value of Wife's American Express IRA
27 Documentation verifying value of separation balances on USAA VISA card
28 Appraisal report for personal property
29 Valuation report for pension
If additional exhibits are identified, Defendant reserves the right to submit
additional Exhibits upon proper notification to Plaintiff.
XL PROPOSED RESOLUTION
A. EQUITABLE DISTRIBUTION
Defendant proposes a 50150 split of the net marital estate.
B. ALIMONY
Defendant proposes that there be no award of alimony.
C. COUNSEL PEES AND COSTS
Defendant proposes that each party pay their respective counsel fees and costs.
11l
Respectfully Submitted:
MARIA P. COGNETTI & ASSOCIATES
Date: October 3 , 2002 By:1666'q '
MARIA P. OGN T I, ESQUIRE
Attorney I.D. No. 2 14
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant
VERIFICATION
I, Richard T. Glaviano, hereby verify and state that the facts set forth in the foregoing
document are true and correct to the best of my information, knowledge and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to
unswom verification to authorities.
/ ' JVXGLu•G2.Wt?
Richard T. Glaviano
DATE: /U1316 D'-'
CERTIFICATE OF SERVICE
1, Maria P. Cognelti, Esquire, Attorney for Defendant herein, do hereby certify that on
this date I served the foregoing Defendant's Pre-Trial Statement by depositing a true and exact
copy thereof in the United States mail, first class, postage prepaid, addressed as follows:
Edward J. Weintraub, Esquire
2650 North Third Street
Harrisburg, PA 17110
MARIA P. COGNETTI & ASSOCIATES
Date: October 3 1 2002 MARIA P COGNE I & ASSOCIATES
Attorney I.D. No., 79
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant
f '
429
LYNN W. GLAVIANO,
Plaintiff,
* IN'1'IIE COURT OF COMiN10N PLEAS
* CUMBERLAND COUN'T'Y, PA
VS.
RICHARD'1'. GLAVIANO,
Defendant
* NO. 99-6828
*
* CIVIL ACTION - LAW
* IN DIVORCE
PRAECIPETO WITHDRAW PLAINTIFF'S COUNT FOR COUNSEL FEES
TO THE PROTHONOTARY:
Kindly strike and withdraw Plaintiffs request for counsel fees within Count V
of the Complaint in Divorce. Plaintiff is not waiving her requests in Count V for expenses
and costs.
Dated: -'JG?
'I
Jennifer L. Frechette, Esquire
2656 North Third Street
Harrisburg, PA 17110
(717) 238-2200
ID #87445
ATTORNEY FOR PLAINTIFF
- ?:_
^: :_;
:,>:
"?,
'-
?, ,`-_?
.- _, '.f
- ??
_. =_ i:?
=??.
-? =.i
C? ? CJ
LAW OFFICES OF
EDWARD J. WEINTRAUB & ASSOCIATES
YIL1C1'ICE LI\II'1'EU'1'O F;1\IILY IAl\'
2630 N. T1(IRD STREET
I [ARRISOURG. PENNSYLVANIA 17110
(717) 235-1200 P:\x•(717)238.9280 E-Mmi.•EWDIVORCEC'AOL.CO.\i
Edward J. V%reintrauh
Jennifer L. Frechem'
Stc panic L. iNlihatl(o
Qaiso admitted VA Bar
MEMORANDUM
TO: Maria Cognetti, Esquire
E. Robert Elicker, II, Esquire
FROM: Jennifer L. Frechette, Esquire ?-
RE: Glaviano V. Glaviano
DATE: February 3, 2003
Lc al Assistants
\-linty )-e man
Enclosed please find a copy of the Praecipe to Withdraw Plaintiffs Count for
Counsel Fees which was filed January 30, 2003.
JLF/mdl
Enclosure
cc: Lynn Glaviano
®' -
LYNN W. GLAVIANO,
Plaintiff,
vs.
RICHARD T. GLAVIANO,
Defendant
* IN THE COURT OF COMMON PLEAS
* CUMBERLAND COUNTY, PA
* NO. 99-6828
* CIVIL ACTION - LAW
* IN DIVORCE
PRAECIPE TO WITHDRAW PLAINTIFF'S COUNT FOR COUNSEL FEES
TO THE PROTHONOTARY:
Kindly strike and withdraw Plaintiffs request for counsel fees within Count V
of the Complaint in Divorce. Plaintiff is not waiving her requests in Count V for expenses
and costs.
V,•
Dated:
lJ
.J
0
?i
'Jennifer L. Frechette, Esquire
265d North Third Street
Harrisburg, PA 17110
(717) 238-2200
ID #87445
?J
i,
1
=i
ATTORNEY FOR PLAINTIFF
LAW OFFICES OF
EDWARD J. WEINTRAUB & ASSOCIATES
PRACTICE LIMITED TO FAMILY LAW
2650 N. THIRD STREET
I IARRISBURG.PENNSYI VANIA 17110
(717)233--2200 FAX-(717)238.9290 E-MAIL-EWDIVORCEIUTAOL.CoM
Edward J. Weintraub
Jennifer L. Frechette*
Stephanie L. lAihalko
• also admitted VA Bar
MEMORANDUM
TO: Cumberland County Prothonotary
FROM: Jennifer L. Frechette, Esquire,(
RE: Glaviano v. Glaviano OF
Divorce: 99-6323
DATE: February 6, 2003
LegaLAssiatants
Misty D. Lehman
Enclosed please find the original and four (3) copies of the Praccipe to Withdraw
Appearance/Praccipe to Enter Appearance. Please file the original and return the file stamped copies
to me in the enclosed, self-addressed stamped envelope. Thank you.
Enclosures
cc: Maria Cognetti, Esquire w/enclosure
E. Robert Elicker, Esquire w/enclosure
'I'lIE LAW FIRM 01'
KILLIAN & GEPHART, LLP
213 PINE STREET
mo JASw score P. O. BOX 8,96
JANE G0%%I:N PENNY
HARRISBURG. PENNSYLVANIA 17103-0336
TERRENCE J. NI<GONAN
J PAUL. U1 INN'
E(717)232--1351
TELEPHO
%OCHAEL J. o'CONNOR .
2
NO. (717)?
FAX
IIEATUERNI FAUST ar1
ww%c.ki I I ian ecphart.co .com
April 30. 2003)
Maria P. Cognctti, Esquire
Maria P. Cognetti & Associates
210 Grandview Avenue. Suite 103
Camp l-lill. PA 17011
Re: Lpw: W. Glnviano v. Richard T. Glaviano
No. 99-6828; In Divorce (Cumberland Co.)
O(Cnwsd'
10UN O. AILUAN
S,%Iin111 . GEPnART
Dear Maria:
Enclosed please find a Praecipe for Withdrawal/Entry of Appearance of counsel
for the Plaintiff which has been riled with the court in the above-captioned action.
JPH/ph
Enclosure
cc: Debra D. Cantor. Esquire
E. Robert Elicker. IL Divorce Master
Ms. Lynn Glaviano
LYNN W. GLAVIANO
Plaintiff
V.
RICHARD T. GLAVIANO
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6828
CIVIL ACTION - LAW
IN DIVORCE
TO: THE PROTHONOTARY OF SAID COURT
c.
,v •?i
Please withdraw my appearance on behalf of LYNN W. GLAVIANO in the
above-captioned action.
Dated
1bia D. Ca squire
Reager & Adler, PC
2331 Market Street
Camp Hill, PA 17011
Please enter my appearance on behalf of LYNN W. GLAVIANO in the above-
captioned action.
I/ / 2-T I
Dated J. Pia Helvy, Esquire
ICI an & Gephart, LLB'
2 Pine Street. P.O. Box 886
Harrisbura, PA 17108
(717) 232-1851
Any. I.D. 453148
•THE LAW FIRM Or
1KILLIAN & GEPHART
11_B PINE STREET
' -. P, O.. Box BBB
4XRR1'SBURG.. PENNSYLVANIA 17108.0886
LYNN W. GLAVIANO
Plaintiff
V.
RICHARD T. GLAVIANO
Defendant
CERTIUED_COPY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6828
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE FOR ENTRYMTHDRAWAL OF APPEARANCE
TO: THE PROTHONOTARY OF SAID COURT
Please withdraw my appearance on behalf of LYNN W. GLAVIANO in the
above-captioned action.
44?? -3V (7
Da ed
Flcbt'a D. Casquire
Reager & A Ier, PC
2331 Market Street
Camp Hill, PA 17011
Please enter my appearance on behalf of LYNN W. GLAVIANO in the above-
captioned action.
I L5F 1- J
Dated
J. P/a EsquireL?
-K7?. an & & Ge phart, L
2 Pine Street, P.O. Box 886
Harrisburg, PA 17108
(717) 232-1851
Atty. I.D. #53148
C:
LYNN W. GLAVIANO,
Plaintiff,
VS.
RICHARD T. GLAVIANO,
Defendant
* IN THE COURT OF CO,IN9n1ON PLEAS
* CUNIBERLAND COUNTY, PA
*
* NO. 99-6828
*
* CIVIL ACTION- LAW
* IN DIVORCE
CERTIFICATE OF SERVICE
1,Misty D. Lehman, Legal Assistant to Jennifer L. Frechette, Esquire, hereby certify
that on February 3, 2003 1 served a true and correct copy of a Praecipc to Withdraw
Plaintiffs Count for Counsel Fees upon Maria Cognetti, Esquire, counsel for the Defendant,
and upon E. Robert Elicker, 11, Esquire by depositing same, postage pre-paid, in the United
States Mail, Harrisburg, Pennsylvania, addressed as follows:
Maria P. Cognetti, Esquire
210 Grandview, Suite 102
Camp Hill, PA 17011
E. Robert Elicker, 11, Esquire
9 North Hanover Street
Carlisle, PA 17013
Date: 1 f '' 1' f' I .)< l _t I I . ;X? ??6ti?Cl tN
Misty D. Lehman
:•? -
??-? ??
?.
?•.;
?_:
LYNN W.GLAVIANO,
Plaintiff,
N IS.
RICHARD T. GLAVIANO,
Defendant
* IN '1'III? COURT OF C0i%9MON PLEAS
* CUMBERLAND COUNT)', PA
k NO. 99-6828
k
* CIVILACIION - LAW
* IN DIVORCE
PRAECIPE_FOR FORWITHDRAW OF APPEARANCE
Please withdraw my appearance on behalf of Plaintiff, Lynn Glaviano, in the above
captioned matter without prejudice.
Date: 3 ^ 20V3
4ueAlLAn es, Esquire
PRAECIPE TO_ENTER APPEARANCE
Please enter my appearance on behalf of Plaintiff, Lynn Glaviano, in the
above captioned matter.
Date:
Jennifer L. Frechette, Esquire
?.,
?.
;_,
-? ?-?
-.
,.
`?- .
: t
,
LYNN W. GLAVIANO,
Plaintirr,
N IS.
RICHARDT.GLAVIANO,
Defendant
* IN'1'IIE COUlt'I' OF CONIiION PLEAS
x CUMBERLAND COUN'T'Y, PA
k
* NO. 99-6828
* CIVIL ACTION - LAW
* IN DIVORCE
CERTIFICATE OF SERVICE
I Misty D. Lehman, Legal Assistant to Jennifer L. Frcchctte, Esquire, hereby certify
that on February 6, 2003 1 served a true and correct copy of a Praccipe to Withdraw
Appearance/Praecipe to Enter Appearance upon Maria Cognetti, Esquire, counsel for the
Defendant, and upon E. Robert Elickcr, 11, Esquire by depositing same, postage prc-paid, in
the United States Mail, Harrisburg, Pennsylvania, addressed as follows:
Maria P. Cognetti, Esquire
210 Grandview, Suite 102
Camp Hill, PA 17011
E. Robert Elickcr, 11, Esquire
9 North Hanover Street
Carlisle, PA 17013
Date:
Misty D. Lchn an
4'1
G.
..
? ..?
? ? 7
f'
J., u
ln_
_
a. ?„
C_l
LYNN W. GLAVIANO
Plaintiff,
v.
RICHARD P. GLAVIANO
Defendant
IN'I'HI? COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 99-6828
CIVIL ACTION - LAW
IN DIVORCE
PR 4ECll'EL0121VITFIDR 1W OFAPPFAR4NCE
TO THE PROTHONOTARY:
Please withdraw ntv appearance as counsel of record on bcirtlf of Plaimi ff Lynn Glaviano
in this action.
Respectfully Submitted,
Date: I Z( ?? By; u
tier vreehette, Esquire
PR2AECIPETOENTFR APPFARA .F
TO THE PROTHONOTARY:
Please enter my appearance as counsel of record on behalf of the Plaintiff Lynn Glaviano, in
this action.
Respectfully submitted,
)ate: 4- By.
7D
'Deb en n Cantor
Alt ey I NO. 66378
23 V -P •ct Street
Camp Hill, PA 17011
(717) 763-1383
?.-? -
?? --
`?
._ _j
?>
REAGER & ADLER, P.C.
ATTORNEYS AT LAW
2331 MARKET STREET
CAMP HILL, PA 17011-4642
(717) 763-1383
'THE. LAW?FIRM OF
KILLIAN'& GEPHART
218 PIS SJyEET -
P. O. Box 880
ARRISBURG.PENNSYLVANIA 17106-0886
LYNN W. GLAVIANO : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : N0.99-6828
RICHARD T. GLAVIANO : CIVIL ACTION - LAW
Defendant : IN DIVORCE
AFFIDAVIT OF INTENTION TO RESUME PRIOR NAME
COMMONWEALTH OF PENNSYLVANIA )
SS.:
COUNTY OF DAUPHIN )
LYNN W. GLAVIANO, being duly sworn according to law, deposes and says
that she is the Plaintiff in the above suit in which a final decree from the bonds of
matrimony was entered on June 27 , 2003, and she elects to resume her
prior name of LYNN KATHRYN WENZEL and, therefore, gives this written notice
avowing said intention, in accordance with the provisions of 54 Pa.C.S.A. §704.
Lyn . Glaviano
Sworn to and subscribed
before me this day
of11 , 2003.
I 'ut
+14N o ta ublic
My Commission Expires: Marj) ge,CC9CU5
ORIGINAL
TO BE KNOWN AS:
U? v
Lyn Kathryn Wenzel
NOTARIAL SEAL
JILL HULVEY. Notary Public
HardaburO, Wa,nnm County, PA
My Commission c :zres liar. 28, 2005
V Q\
r. l(??) •• M
59 C1
W.
1 ??
THE LAW FIRM OF
KILLIAN & GEPHART
319 PINE STREET
P.O. BOX DUG
<HARRISBURG, PENNSYLVANIA 17108-01386
Lynn W Glavinno
Plaintiff
VS.
Richard T. Glavinno
Defendant
IN TI I L COURTOF CONIMON PLEAS 01,
CUMIIPRLANDCOUNTY, PENNSYLVANIA
NO. J9-6823
CIVI1, ACTION - DIVORCE
(QUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, this 1 vI/?tlay Zoe the parties, Lynn W. Glaviano,
Plaintiff, and Richard T. Glaviano, Defendant, do hereby Agrec and Stipulate as follows:
L This Order relates to the provision of marital property rights to the Alternate Puyee as a
result of a Property Settlement Agreement between the Participant and the Alternate Payee entered into
on May 23, 2003.
2. The Defendant, Richard'1'. Glaviano, (hereinafter referred to as "Participant") has in effect the
following Individual Retirement. Account with Harris dir ecUcitistroot, Harris Investor Services LLC,
Harborside Financial Center, 501 Plaza II, Jersey City, NJ 07311:
Individual Retirement Account for Richard T. Glaviano
AccoUnt No. 69C-110025
3. Participant's date of birth is October 31, 1952, and his Social Security number is 438-86-6921.
4. The Plaintiff, Lynn W. Glaviano (hereinafter referred to as "Alternate Payee") is the former
spouse of Member. Alternate Payee's (late of birth is September 22, 1953, and her Social Security
number is 433-74-173.1.
5. Participant's last known mailing address is:
528 Penn Ayr Road
Camp flill, PA 17CII I
-,
QDRO
Page 2
6. Alternate Payee's current mailing address is:
OG Old Pioneer Road
Cutup Ili[[, PA 17011
7. To accommodate the marital property distribution beLwcen the parties IT IS ORDERED,
ADJUDICATED AND DECREED AS FOLLOWS:
It. The IE2A with Harris direct/citistreet, Account No. 69C-1 10025 previously referenced is
marital property.
b. That subject to the finalization of the divorce and the execution of the documents
required by Harris direct/citistreet, $1.05,SS2 shall be awarded to the Alternate Payee.
C. The amount designated in Paragraph 7(b) shall be paid directly into the following
Individual Retirement Account:
American Express Trust Company F130 Lynn W. Glnviano
Account No. 01293,180001
C/o Doris E. 13rytz
Triplett Court, Suite 101
Dillsburg, PA 1701.9
d. The parties are directed to timely submit all documents that are required to finalize this
Order.
8. The Alternate Payee assumes sole responsibility for any tax consequences
regarding the amount awarded to Alternate Payee under this Qualified Domestic
Relations Order.
RDRO
Page 3
This CourL reservesjurisdiction to issue rurthor ordm•s as needed to execute this Order.
CONSENT'r0 ORDER:
PLAINTIFF/ALTERNATE PAYEE
AD . ??
Signa ,re
g?-0-0
Date
DEFENDANT/PARTICIPANT
Signature
Date
ATTORNEY FOR PLAINTIFF/
ALTERNATE PAYEE
k- /.;? - O
ATTORNEY FOR DEFENDANT/
PAWrICIPAN`L'
Los,
Signature
U
Date q Date
Accepted and ordered this 211 day of S
BYTHE COURT
dU( c
>- 1!) i
.
- `ice
.. -- .r
_
>
,
_
?•: .
_
,.u
u ;?i
?:.
?• ,
c.: =,
U
THE LAW FIRM OF
SILLIAN & GEPHART
210 PINE STREET
P.O. Box BOG
16LIRG. PENNSYLVANIA 17108.0886
OR
GWAL
CERTIFIED COPY
Aun 2 6 2003
Lynn W. GInviano
Plaintiff
vs.
Richard T. Glaviano
Defendant
IN' m: COURT OF COMMON PLEAS OP
CLJIMBERL.AND Cowry, PENNSYLVANIA
CIVILACTION - LAW
NO. 99-(1828
QUALIFIED DOMESTIC RELATIONS ORDER
1. This Order relates to the provision of marital property rights to the Alternate Payee as -
a result of a Property Settlement Agreement between the Participant and the Alternate Payee
entered into on May 23, 2003.
2. This Order creates and recognizes the existence of an Alternate Payee's right to receive
a portion of the Participant's benefits payable under an employer sponsored defined benefit plan
which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(a). The court
intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of
Code §414(p). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. §3502.
3. This QDRO applies to the GPU Companies Employee Pension Plan ("Plan"). Further,
this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for
provision of the Participant's benefits described below is incurred. Any benefits accrued by the
Participant under a predecessor plan of the employer or any other defined benefit plan sponsored
by the Participant's employer, whereby liability for benefits accrued under such predecessor plan
or other defined benefit plan has been transferred to the Plan, shall also be subject to the terms of
this order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect
Alternate Payee's rights as stipulated under this Order.
4. Richard T. Glaviano ("Participant') is a participant in the Plan. Lynn W. Glaviano
("Alternate Payee"), the former spouse, is the alternate payee for purposes of this QDRO.
The Participant's mime, mailing address, social security number and date of birth are:
Richard T. Glaviano
528 Penn Ayr Road
Camp Hill, PA 17011
Social Security II: 438-86-0921
Date of Birth: October 31, 1952
6. The Alternate Payee's name, mailing address, social security number and date of birth
are:
aDiZo
Page 2 of0
Lynn W. Claviano
130 Old Pioneer Road
Camp Hill, PA 17011
Social Security #: 433-74-173-1
Date of Birth: SepLetnhet, 22, 1953
The Alternate Payee shall have the duty to notify the flan Administrator in writing of
any changes in this mailing address subsequent to the entry of this O"(ter.
7. This Order assigns to Alternate Miyoe on arnount equal to the actuarial equivalent of
50% of the Pat•LicipanCs accrued benefit under the Plan.
In addition to the above, the Alternate Payee shall receive it pro rata share of any
postretiremenL cost-of-living adjustments orother economic improvements made to the
Participant's benefits on or after the (late of his retirement. Such pro rata share shall be
calculated in the same manner as the Alternate Payee's share of the Participant's retirement
benefits is calculated pursuant to this Section 7.
Notwithstanding the language set forth in this Section 7, in the event that the
Alternate Payee becomes entitled to a qualified prereLi rennent survivor annuity under Section 9 of
this Order, then the Alternate Payee's right to a shnre of the Participant's benefits as called for
under this Section 7 shall be terminated as of the date of the ParLicipatit's death, and such
preretirennent death benefit shall lie payable to the Alternate Payee in lieu of any other benefits to
which she may be entitled under the terms of this Order.
8. The Alternate Payee may elect to commence her benefits under the Plan at any lime on
or after the date the ParticipanL attains the earliest retirement age its defined by Code
§414(p)(4)(B). Notwithstanding the above, the Alternate Payee shall commence her share of the
benefits no later than the Participant's actual date of benefit commencement. The Plan
Administrator is instructed to provide any required notice and election forms in a timely manner
to the Alternate Payee before such (late of benefit commencement.
f The Alternate Payee shall be entitled to receive her benefits in any form available
under the terms and provisions of the Plan, ether than a qualified joint and survivor annuity with
her current spouse as the survivor annuitant. '1'11c Alternate Payee shall execute any forms
I' required by the Plan Administrator.
l ; This QDRO uses a separate interest approach, whereby Line Alternate Payee's assigned
share of the benefits is to be actuarially adjusted to the life expectancy of such Alternate Payee.
Any actuarial adjustment which may be necessary to convert Alternate Payee's benefits to her
own lifetime should be applied to the Alternate Payee's benefits. As n result, should the
Participant predecease the Alternate Payee after the Alternate Payee's benefit commencement
date, the Participant's death shall not affect the Alternate Payee's right to continued benefits.
Further, should any early commencement reduction be necessary in the event that the
Alternate Payee commences benefits prior to Participant's Normal Retirement Date, then such
QDRO
Page 3 of G
J
reduction shall be applied to Alternate Payee's benefits in accordance with applicable Plan
provisions.
Also, the Alternate Payee shall be entitled to it pro rata share of any employer-provided
early retirement subsidy provided to the Participant on the date of his retirement, and in the
event the Alternate Payee has already commenced her share of the benefits on the (late of the
Participant's retirement, then the amounts payable to the Alternate Payee shall be increased in
accordance with the Plan Administrator's practices and the Plan's actuarial principles in order to
provide the Alternate Payee with a pro rata share of such early retirement subsidy. Such pru rata
share shall be calculated in the same manner as the Alternate Payee's share of the Participant's
retirement benefits is calculated pursuant to Section 7 of this Order.
Further, the Alternate Payee shall be entitled to a pro rata share of any early
retirement supplements, interim supplements, or temporary benefits Lhat become payable to the
Participant which are not considered by the Plan Administrator to be a part of the Participant's
accrued benefit as set forth in Section 7. The Alternate Payee's share of such supplemental,
interim, or temporary benefits shall be proportional to the Alternate Payee's interest in the
Participant's total accrued benefit pursuant to the formula set forth in Section 7 above.
0. In the event the Participant prodeceases the Alternate Payee, and neither the
Participant nor the Alternate Payee has commenced their benefits under the Plan, the Alternate
Payee shall be designated as the surviving spouse of the Participant for Lhe purposes of
establishing the Alternate Payee's entitlement to receipt of the preretirement survivor annuity.
For purposes of determining the eligibility for such surviving spouse benefit, the Alternate Payee
and the Participant have satisfied the one (1) year marriage requirement as enumerated in Code
§§401(x)(11) and 417(d) and as may be required under the provisions of the Plan.
This designation applies to the Participant's accrued benefit under the Plan.
In the event that the costs associated with providing this preretirement survivor
annuity benefit are not filly subsidized by the Participunt's employer, then Participant must
make an affirmative election for such preretiremenL survivor annuity benefit coverage in a timely
manner and in accordance with his employer's election procedures. The Participant shall still be
required to maintain the preretirement survivor annuity coverage in place for the benefit of the
Alternate Payee even if the Plan Administrator allows the Participant the opportunity to opt out
of such coverage.
10. If Alternate Payee predeceases Participant, and neither the Participant nor the
Alternate Payee has commenced their benefits under the Plan, the Alternate Payee's portion of
Participant's benefits, as stipulated herein, shall become payable to the Alternate Payee's
designated beneficiary (or estate), but only to the extent permitted under the terms of the Plan. If
the plan administrator does not permit the Alternate Payee to designate a beneficiary (or estate)
for such purposes, then her assigned share of the benefits shall revert to the Participant, but
again, only to the extent permitted under the Plan. Should the Alternate Payee predecease the
QDRO
Page I of 6
Participant after her benefit. commencement (late, then such remaining benefits, if any, will be
paid in accordance with the form of benefit elected by such Alternate Payee.
11. On and after the (late that this order is deemed to be a QDRO, but beRrre the Alternate
Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of Ure
rights and election privileges that are afforded to active participants.
12. All payments made pursuant to this or(ler shall be condiLioned on the certification by
the Alternate Payee and the Participant to the Plan Administrator of such information as the
Plan Administrator may reasonably require from such parties, including the information the Plan
Administrator requires to make the necessary calculation of the benefit amounts contained
herein.
13. It is the intention of the parties that this Order continue to qualify as a QDRO under
Code §414(p), as it may be amended from time to tirrrc, and that the Plan Administrator shall
reserve the right to reconfirm the qualified status of the order at the time benefits become payable
hereunder.
14. In the event that the Plan inadvertently pays to the Participant any benefits that are
assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall
immediately return such excess payments to the Plan Administrator or reimburse the
Alternate Payee to the extent that he has received such benefit payments and shall
forthwith pay such amount so received directly to the Alternate Payee within ten (10)
days of receipt.
In the event that the Plan inadvertently pays to the Alternate Payee any benefits that
are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall
immediately reimburse the Participant to the extent that she has received such benefit payments
and shall forthwith pay such amount so received directly to the Participant within ten (10) days of
receipt.
15. The Participant shall not take tiny actions, affirmative or otherwise, that can
circumvent the terms and provisions of this QDRO, or that could diminish or extinguish the rights
and entitlements of the Alternate Payee as set forth herein.
16. In the event that the Participant's benefits, or any portion thereof, become payable to
the Participant as a result of termination of the Plan or partial termination of the Plan, then the
Alternate Payee shall be entitled to commence her benefits immediately in accordance with the
terms of this QDRO and in accordance with the termination procedures of the Plan and the
Pension I3enefiL Guaranty Corporation ("Pl3GC"). Further, should the Participant's benefits be
reduced as a result of such termination or partial termination, then the amounts otherwise
payable to the Alternate Payee under this QDRO shall be reducer) to the same extent and in the
same ratio as the Participant's benefits are reduced.
QDRO
Page 5 of 6
17. After paymenL of Lhe amount required by I.his QDI{O, Lho :1ltcrnaite I'apco shall have no
further claim against the ParLiciponL's interest in t.ho Plan.
13. 'rile Alternate Payee assumes sole responsibility for the tax consequences of the
distribution under this QDRO.
10. This QDRO does not require t.bc flan to provide any type or form of benefit the Plan
does not otherwise provide.
20. This QDRO does not require the Plan to provide increased benefits determined on the
basis of actuarial value.
21. This QDRO does not require the Plan to pry any benefits which another order
previously determined to be a qualified domestic relations order requires the Plan to pay to
another alternate payee.
22. 19le Plan Administrator promptly shall notify the Participant and the Alternate Payee
of the receipt of this RDRO and shall notify the Participant and the Alternate Payee of the Plan's
procedures for determining the qualified status of this QDRO. 'file Phut Administrator shall
determine the qualified status of the QDRO and shall notify the Participant and the Alternate
Payee of the determination within a reasonable period of time after receipt of this QDRO.
23. In the event that the Plan Administrator determines that an overpayment has been
made to the Participant and/or the Alternate Payee for any reason, and the parties cannot come to
an agreement regarding their respective liability toward the Plan's recoupment of such
overpayments, the Court shall retainjurisdiction regarding the allocation of such repayments to
the Plan between the Participant and the Alternate Payee.
QDRO
Page 6 of 6
24. The Court shall retain jurisdiction with respect to this Order to the extent required to
maintain its qualified status and the original intent of the parties as stipulated herein.
CONSENTTO,ORDER:
PLAINTIFF/ALTERNATE PAYEE
SignaLUre
R- I R -03
Date
DGF RANT/Piul77CIPANT
Signature
Date
ATTORNEY FOR PLAINTIFF/
ALTERNATE P YEE
Sign to e
I ia- /o,3
Date
8-/a-0
ATTORNEY FOR DI?FENDANT/
PART111 PAN
Signature
x-103
Date
Accepted and ordered this day of __ v 300
.``.
arf
??
•,,,
,:
-.
:;.?
ti
t?, __
?? _.
?? .
u ',-- ?.
_ _ ;?;
_ ?.? y
i ..
i is ? .? ? ?,-,J
;1. Y `?
J
In the Court of Common Pleas of CUMRERLAI I County, Pennsylvania
DOMESTIC RELATIONS SE(;dON
LYNN K. WENZEL ) Docket Number 1999-6828 CIVIL
Plaintiff )
Vs. ) PACSES Case Number 440102213
RICHARD T. GLAVIANO )
Defendant ) Other State ID Number
Order
AND NOW to wit, this JULY 19, 2005 it is hereby Ordered
that:
$1,745.52 IS CREDITED TO THIS ACCOUNT FROM THE DEFERRED CREDIT ON APRIL 25, 2001
IN THE AMOUNT OF $6,982.05.
DRO: RJ Shddddy
xC: plaintiff
defendant
Form OE-520
Service Type M Worker ID 21005
BY THE COURT:
?° ??
.?
,.
?: .r
L'•
?.) r
?J i_.J
ORDER/NOTICE TO WITHIIOLD INCOME FOR SUPPORT
O Original Order/Notice
Stale Commonwealth of Pennsylvania
Co./Clly/Dirt. of CUMBERLAND 440102213 (D Amended Order/Notice
DaleofOrder/Notice 09/27/05 310 S 2000 O temtinaleOrder/Notice
Case Number (See Addendum for case summary)
99-6828 CIVIL
RI. GLAVIANO, RICHARD T.
IngrloyerAVithholder'c Federal I.IN Nunilxr Cmpdoyee/OLligm's Name (Last. First. X111
WORLEY PARSONS
5 GREENWAY PLZ
HOUSTON TX 77046-0526
438-86-6921
Imployee/Obligor's Social Security Numlxr
4086100523
finployee/Oblignr'S Case Irlrnliiier
(See Addendum for plaintiff names
associated wilt cases on attachment)
Custodial Parent's Name (Last, First. Nil)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMADON: This i.san Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Orcler/Notice is not
issued by your State.
$ 1, 600. 00 per month in current support
$ o . oo per month in past-due support Arrears 12 weeks or greater? (01 yes Q no
$ o . oo per month in current and past-clue medical support
$ o . 00 per month for genetic test casts
$ per month in other (specify)
for a total of $ 1, 600. 00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 369 . 23 per weekly pay period.
$ 736 .4 6 per biweekly pay period (every two weeks).
$ 8 oo . oo per semimonthly pay period (twice it month).
$ 1 . goo. no per monthly pay period.
REMITTANCE INFORNIATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working clays of the paydate/date of withholding. You are entitled to
deduct it fee to clefray the cost of withholding. Refer to the laws governing the work state of your employee for the
allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See N9 on page 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
INADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BY THE COURT.
Date of Order: Z ?) o• S
J Wesley 01 , Jr., Jtx1 e
DRO: R.J. Shadday Form EN-028
Service Type M ovus,,WorkerlD
$SATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
? If checked you are required. to provide a copy of (his form to your rna doyee. If yo m employer, works in a state Ihall i5
diucrent from the state that Issued this order, a copy must he provide( 10 your employee even m the hox is not checked.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under Slate law against the saute income.
Federal tax levies in effect before receipt of this order have priority. If 111ere are Federal tax levies In effect please contact the requesting
agency Iisllvl below.
2. Combining Payments: You can combine withhold amounts from mow Ihdn one enlployee/obligor's income in a single payment to
each agency requesting withholding. )'ou OosL hoer,"', separately identify the pnnion of the single Paymonl that is attributable. to each
em ploy"e/obligor.
3.' Reporting the Paydatc/Date of Withholding: You meal repan the p, ydatddate of withholding when rending the payment.- The
paydate/date of withholding is the (tote on which ann.unl w;ia withheld from the employee's wages. You most comply with the law of the
state of the employe"'s/ohligor's principal place of employment with rest)(-('[ to the time periods within which you must implement the
withholding order and forward the support payments.
4.' Employee/Obligor with Multiple Support Holdings: If (here is more than one Or ler/Notice to Withhold Income for Support against
this employee%obligorand you are unable to 1101101`dal agrpon Order/Notices [due to Federal or Stale withholding; limits, you must follow
the law of the stilt" of employee's/obligors prinr ifrd place of employm"nt. You must honor all enters/Nnti(rs to the greatest extent
possible. See k9 below)
5. Termination Notification: You nos[ promptly notify the Requesling Agency When [he employee/obligor is no longer working for you.
Please provide Ilse information requested and reluna a copy of this Order/Nnticr to the Agency identified below.
THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 9426249940
EMPLOYEE'S/OBLIGOR'S NAME: GLAVIANO RICHARD T.
EMPLOYEE'S CASE IDENTIFIER: 4086100523 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may he required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, c'ontart the person or authorily below.
7. Liability: If you fail to withhold income as [he Order/Nolice directs, you are liable for both the accumulated amount you should have
withheld from the employeelobligor's income and other penalties set by Pennsylvania Slate Law. Pennsylvania Slate law govenls unless
the obligor is employed in another Stale, in which case the law of the Stale in which h" or she is employed governs.
8. Antidiscrimination: You are subject to it fine determined under Slate law for discharging an employee/obligor from employment,
refusing to employ, or laking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania Slate law
governs unless file obligor is employed in another Stale, in which case the l,nv of the Slate in which he or she is employed governs.
9.' Withholding Limits: You may not withhold more than the lesser of., 1) the amounts allowed by the Federal Consumer Credit
Protection Act 05 U.S.C. § 1673 (b) 1; or 2) the amounts allowed by the Slate of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: Slate, Federal, local !axes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more
than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more
Ihan the amounts allowed under the law of the state that issued the order.
10. Additional Info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
I I-Submitted By:
DONIFSTIC RFLAIIONS SFCTION
13 N. I-IANOVFR ST
P.O. BOX 320
CARLISLE PA 17013
Service Type M
If you or your employee/obljgor have any questions,
contact WAGE ATTACHMENT UNIT
by lelephone at (717) 240-6225 or
by FAX at (717) 240-624fl or
by inlernH www.childsupport.slate.pa.us
Page 2 of 2
IIIIM \u ? II'1'IIJIIiJ
Form EN-028
Worker ID $IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Ohligor: GLAVIANO, RICHARD T.
PACSES Case Nunthrr 440102213
Plaintiff Name
LYNN K. WENZEL
Docket Allachnuml Amount
00310 S 2000 S 1,600.00
Child(ren)'s Nanw(s):
LAUREN MARIE GLAVIANO
KATHRYN ELIZABETH GLAVIANO
MEGHAN LYNN GLAVIANO
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
DOB Child(renYs NameN:
12/26/89
07/09/91
07/19/96
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Allarhmenl Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
S 0.00
Child(ren)'s Name(s): DOB
DOB
? I( checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
?If checked, you are required toenroll Iheduld(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(rem's Name(s): DOB
?If ehecke(I, you are required to enroll the child(ren) ?if checked, you are required to enroll the child(ren)
identipe(f above in any health insurance coverage available identified above in any health insurance coverage available
through the employee's/obligor's employment. through the engtloyec's/obligor's employment.
Addendum Form EN-028
Service Type M Worker I D $ IATT
r r.,n r:..: awn o ,a
C ' Cl)
Cl)
CT' r ' C7
IL o
CJ
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOME 11C RELATIONSSF.CrION
13 N. IIAN0Vlgt S"r. P.O. BOX 320, CARLISLE. 1'A. 17013
Phone (717) 240-6225 Fax: (717) 240-6248
Defendant Name: RICHARD T. GLAVIANO
Member ID Number: 4086100523
Please note: All corresImidence mint include ete Member Ill Nundnr.
MODIFIED ORDER OF ATPACHMENT OF UNEMPLOYMENT BENEFITS
Financial Break Down of Mulliple Casts on Attachment
PACSES Docket
Phinti tf Name Cave Numher Number Attachment AmonwWrnmeney
LYNN K. WENZEL 440102213 00310 S 2000 $ 1,300.00 /MONTH
LYNN K. WENZEL 440102213 00310 S 2,000 300.00 ZMONTII
/
99-6828 CIVI
/
TOTAL ATTACHMENT AMOUNT: $ 1,600.00
Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment
Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of S 369.23
per week, or 55.0 %. of the Unemployment Compensation benefits otherwise payable to the Defendant,
RICHARD T. GLAVIANO Social Security Number 438-86-6921 , Member
ID Number 4086100523 . BUCBA is ordered to remit the amount attached to the Department of Public
Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this
Court for support and/or support arrearages.
If the Defendant's Unemployment Compensation benertts are attached by another Court or Courts for
support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount
attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. # 1673(b)(2) and 23
Pa. C.S. § 4348(8).
This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in
effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for
Benefits dated JUNE 25, 2000 is exhausted, expired or deferred.
BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court.
All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this
Court.
BY THE COURT
Date of Order: L o ?S
S
JUDGE
Y Form EN-034
Service Type M Worker ID $IATT
-ly
ti
JI?I I-
`- - u
? CD
O N ??
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION'
13N. IIAN'OVF.R ST, 11.0. IIOX 320, CARLISLE, R\. 17013
Phone: (717) 240-6225 Fax: (717) 240.6248
Defendant Name: RICHARD T. GLAVIANO
Member ID Number. 4086100523
Please note: All correspondence mast Include the Member II) Number.
MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS
Financial Break Down of Multiple Cases on Attachment
PACSES Docker ?u?chmem Amnunt/Prenuencv
Plaintiff Name ca, Number Numher
LYNN K. WENZEL 440102213 00310 S 2000 $ 1,088.05 /MONTH
LYNN K. WENZEL 440102213 00310 S 2000 300.00 MONTH
99-6828 CIVIL
/
s %
TOTAL ATTACIISIEN'T ANIOUNT: $ 1,388.05
Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment
Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of S 320.32
per week, or 55. o %, of the Unemployment Compensation benefits otherwise payable to the Defendant,
RICHARD T. GLAVIANO Social Security Number 438-86-6921 , Member
ID Number 4086100523 . BUCBA is ordered to remit the amount attached to the Department of Public
Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this
Court for support and/or support arrearages.
If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for
support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount
attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23
Pa. C.S. § 4348(g).
This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in
effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for
Benefits dated JUNE 25, 2000 is exhausted, expired or deferred.
BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court.
All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this
Court.
BY THE COURT
Date of Order: o?
DRO: R.J. Shadday
Service Type M
JUDGE
Form EN-034
Worker ID $IATT
_ _ :u
,_ ?,?
?•:
s'
?._,: ;-?
?,
.;:: ;.?
?,?_
_
_;
I'
?'
? ? U
c -:
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commomvetltlt of Pennsylvania
Co./City/Dirt. of CUMBERLA7VD
Date of Order/Notice 02/23/06
Case Number (See Addendum for case summary)
440102213
310 S 2000
99-6828 CIVIL
O Original Order/Notice
O Amended Order/Notice
O Terminate Order/Notice
Employeowithholder's Federal [IN Number
WORLEY PARSONS
5 GREENWAY PLZ
HOUSTON TX 77046-0526
RE: GLAVIANO, RICHARD T.
Employee/Obligor's Name (Last, First, MI)
438-86-6921
Employee/Obligor's Social Security Number
4086100523
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on atlachmen0
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By lave, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 1, 388.05 per month in current support
$ 0.00 per month in past-due support Arrears 12 weeks or greater? (Dyes O no
$ o.oo per month in current and past-due medical support
$ o.oo Per month for genetic test costs
$ per month in other (specify)
for a total of $ 1,388. 05 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine hove much to withhold:
$ 320,12 per weekly pay period.
$ 640.l14 per biweekly pay period (every two weeks).
S 694.o3 per semimonthly pay period (twice a month).
$ 1.388,05 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See k9 on page 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1.877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
/ BY THE COURT
Date of Order: FP [n . 7, T7oJ6
O1 r Judge
sley er,
DRO: R.J. Shadday J. e Form EN-028
Service Type N OMBNa:owuofs+ WorkerlD $IATT
U :.:.::.
r( dd ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
le
ili?ferenlefromihe state Ililtdissuedthiseor(fer, a ccopy must be provicse(fpto your erip Ioyc el?en if tVilrb in is not ci,eck(I.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal ax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee/obligor.
3.4-Reportingthe Paydate/DatL-of Withholding--You-must report thepaydate/date-of withholding when sending thepaymentrThc-
paydatc/dateofwithholding-is the date on which-amount was withheld from the employee'rwagesr You must comply with he law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4.• Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee/bbligorand you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee'slobligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. r:
THE EMPLOYEE/OBLIGOR NO LONGER GWORKS O FOR: 9426249940
EMPLOYEE'SIOBLIGOR'S NAME: 4086100523 DATE OF SEPARATION:
EMPLOYEE'S CASE CASE IDENTIFIER:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS: Sum severance payP f you have any questbe required to ions about report
sum payments, contact he person o authority below. commissions, or sum payments such as 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania Slate law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for dischargingan employee/obligor from employment,
refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania Slate law
governs unless the obligor is employed in another Stale, in which case the law of the Stale in which he or she is employed governs.
9.• Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.C. § 1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more
than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a slate order, you may not withhold more
than the amounts allowed under the law of the slate that issued the order.
10. Additional Info:
"NOTE: If you or your agent are served with a copy of this order in the stale that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
I 1.Submitted By: If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
DOMESTIC RELATIONS SECTION by telephone at (717124G"6225 or
13 N HANOVER ST by FAX at (7171 )40-624_ or
P.O. BOX 320
CARLISLE PA 17013 by Internet snvw.thildsupportstate.pa.us
Page 2 of 2 Form EN-028
Service Type M oaaNO o9raols4 Worker ID $IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: GLAVIANO, RICHARD T.
PACSES Case Number 440102213
Plaintiff Name
LYNN K. WENZEL
Docket Attachment Amount
00310 S 2000 $ 1,388.05
Child(ren)'s Name(s): DOB
1zDOB
LAUREN MARIE GLAVIANO
KATHRYN ELIZABETH GLAVIANO 007/019/911
MEGHAN LYNN GLAVIANO
?If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee'slobligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
?If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
r•
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ran)
identified above in any health insurance coverage available
through the employee'slobligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number PACSES Case Number
Plaintiff Name Plaintiff Name
Docket Attachment Amount Docket Attachment Amount
$ 0.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB
?If checked, you are required to enroll the child(ren) ?lf checked, you a}e required to enroll the child(ren)
identified above in any health insurance coverage available identified above in any, health insurance coverage available
through the employee's/obligor's employment. through the employee's/obligor's employment.
Addendum
Service Type M os,e No.: 017"1 s+
Form EN-028
WorkerlD $IATT
i¦
Cs
i' pJ '
i r.
GJ
LL _C
1^ lL _,
11.
CJ ;
?
p? C_l
Y
AS OF /(j - /7 -,zoo6
CASE#. ?qqq-??,sHAS BEEN SCANNED.
ALL EARLIER
FILINGS TO THIS
CASE HAVE BEEN
MICROFILMED.
LYNN K. BUCKS f/k/a
LYNN K. GLAVIANO,
Plaintiff/Petitioner
VS.
RICHARD T. GLAVIANO,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 99-6828 CIVIL TERM
IN DIVORCE
PACSES # 440102213
ORDER OF COURT
AND NOW to wit, this 13th day of October 2006, it is hereby Ordered that the
Cumberland County Domestic Relations Section dismiss their interest in the above captioned
Alimony matter, pursuant to the remarriage of the Plaintiff on September 30, 2006, and the
parties' Property Settlement Agreement.
DRO: R.J. Shadday
xc: Petitioner
Respondent
J. Paul Helvy, Esq.
Fonn OE-001
Service Type: M Worker: 21005
BY THE COURT:
?
r'_ ms=s "il
- ?h J
-j
G ?