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HomeMy WebLinkAbout06-5280 .. IIAIlOLD .. IRWIN, III, II!8QUIRI! ATTOIINEY ID NO. 28120 M SOUTH PITT lITIl..-r CAllLlau PA 17013 (717) 2oQ.IOIO ATTOIINEY FOR PUUNnFF VICKI L FIORINO, Plaintiff : THE COURT OF COMMON PLEAS OF : CUM.IlRLAND COUNTY, PIlNNSYLVANIA : Y. : CIVIL ACTION. LAW : NO. 2006 - ~.J.lZ>CIVIL TIlRM STI!VI!N A. FIORINO, ~ant : IN DIVORCIl NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are wamed 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 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, Cumberland County Courthouse, 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 ~ VICKI L FIORINO, Plaintiff I THE COURT OF COMMON PLIIAS OF I CUM.ERLAND COUNTY, PENNSYLVANIA . . Y. I CIVIL ACTION - LAW I NO. 2008 - S'..1.8l> CIVIL TERM STI!VI!N A. FIORINO, Defendant . . I IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301~ OF THE DIVORCE CODE NOW, comes the plaintiff, by her attomey, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is VICKI L. FIORINO, an adult individual residing at 911 West South Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is STEVEN A. FIORINO, an adult individual residing at P.O. Box 382, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on July 10, 1992 in Ft. Myers, Florida. 5. Pursuant to the Divorce Code, Section 3301 (c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. , .. 6. The plaintiff avers that she has been advised of the availability of counseling and that he has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. September _, 2006 Vl~ r ,~~~ VICKI L. FIORINO, Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court 10 No. 29920 . VICKI L FIORINO, Plaintiff : THE COURT OF COMMON PLUS OF : CUM.ERLAND COUNTY, PENNSYLVANIA : Y. : CIVIL ACTION - LAW : NO. 2008 - S~81> CML TERM STEVEN A. FIORINO, Defendant : : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. September _, 2006 ~\ J .r:~ \ VICKI L. FIORINO, Plaintiff . (') ~ ~ C c;=> ;;.:: o~ ~ en :?-:;l:\ r'1 ~0 ", t:: :j)r<1 r ~ I ~J 0 ~ 5\ CO ('; 1- ::41...,) -0 ~_J::T1 ~ - ':,;~~{) 0 -- ---<cr\ ~ .J:, .. .r;: <,2, C' - '" ~ ... ~ - E;" . C) 'd -t) ~. . VICKI L. FIORINO, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2006 - 5280 CIVIL TERM STEVEN A. FIORINO, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 t!ill1lill NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on September 13, 2006, by certified mail addressed to the defendant at P. O. Box 382, Carlisle, PA 17013, certified mail No. 7005 0390 0003 2637 2793. 3. A copy of the sender's and return receipts are attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Harold S. Irwin, III Attorney for plaintiff September 15, 2006 64 South Pitt Street Carlisle, PA 17013 717 -243.6090 Supreme Court 10 No. 29920 ..,;". . rn IT' l"- N U.S. Postal Service, CERTIFIED MAil"" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) OFFiCiAL I"- rn ...n N 't.... \ \/ () b Postage $ ~ Certified Fee CI Return Receipt Fee CI (Endorsement Required) CI Restricted Delivery Fee IT' (Endorsement Required) rn CI Total Postage & Fees $ ( Postmark Here Lfl ~ ~:'~A~_.._~m~_..~n_E_~:~__m_--m.- I"- ",,~t, "Pt. 1'10.; ~.'::.~_~~_~~...~..O..m~..._.3.~m_..m__m....m_m_.- City, State, ZIP+4 ~A ( r . Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. . Print your name and address on the reverse so that we can retum the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. ArtIcle Addressed to: D. Is delivery addl'llllS different from Item 17 0 Yes IfYEs'.erne:~~~w; ~NO //~ .- '''''''~''~~.''',,'' '~'-. " ." ,.~.. "\" I \ SENDER COI\IPLETE THIS dL__. .v:, STEVEN A FIORINO "PO BOX 382 CARLISLE PA 17013 2. Article Number (TtBnsferfromservlcelBb 7005 0390 0003 2637 2793 PS Form 3811. February 2004 ~ Return ReceIpt 102595-02-M-1540 I EXHIBIT "A" ,~~,) \. .-! c 1"-- c:.:) VICKI L. FIORINO, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2006 - 5280 CIVIL TERM STEVEN A. FIORINO, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint and agreement for custody, representing as follows: 1. The plaintiff is VICKI L. FIORINO, an adult individual residing at 911 West South Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is STEVEN A. FIORINO, an adult individual residing at P.O. Box 382, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of a minor child, SAMANTHA NICOLE FIORINO (born July 21, 1992). 4. The child was born during the marriage of the parties and has resided with both parties since her birth, except during various periods of separation, during which times the child resided with the plaintiff. The parties currently separated September 2, 2006 and the child is residing with the plaintiff. 5. The plaintiff has not participated as a party, witness or in any other capacity in other litigation concerning the custody of the child in this or another court. 6. The plaintiff has no information regarding any other custody proceeding concerning the child pending in a court of this Commonwealth. 7. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. J 8. The plaintiff believes and therefore avers that the best interests and permanent welfare of the child require that the parties have joint legal custody of the child, that the plaintiff have primary physical custody of the child and that the defendant have temporary physical custody of the children in accordance with their mutual agreement hereinafter set forth. 9. Both parties, as evidenced by their joint execution of this complaint, have mutually agreed upon an amicable arrangement for the legal, physical and temporary custody of the child and request that the Court enter an order as provided below without the necessity of a hearing: A. The parties shall have joint legal custody of their minor child, SAMANTHA NICOLE FIORINO (born July 21, 1992). Joint legal custody means both parents shall jointly share the right of control of their child and shall share in making decisions of importance in the life of their child, including educational, medical and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental and other important records. Notwithstanding the foregoing, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and Order and the best interests of the child. B. The Mother shall have primary physical custody of the child. C. The Father shall have temporary physical custody of the child as the parties and the child may mutually agree from time to time. D. The parties shall have reasonable telephone contact with the child while the child are in the other's custody. E. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. F. The parties shall do nothing that may estrange the child from the other party or hinder the natural development of the child's love or affection for the other party. J G. The defendant shall pay to the plaintiff the sum of $92.31 per week for the support of the child, effective immediately. The $92.31 amount shall be payable from the defendant directly to the plaintiff and not through the Domestic Relations system. Defendant shall also provide medical insurance for the parties' child, if offered through his employer, and shall pay 60% of all of her unreimbursed medical expenses over the first $250 per year. If the defendant becomes more than two weeks late in any of these support obligations, then plaintiff shall have the right to file this order with Domestic Relations and demand a wage attachment. H. In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. I. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. J. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. WHEREFORE, the plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the children as aforesaid without the requirement of a custody conciliation or hearing. 1'2:7~4~ ~, 2006 , VERIFICATION AND CONFIRMATION OF AGREEMENT We do hereby verify that the acts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 9 4904, relating to unsworn falsification to authorities. Furthermore, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other proceeding. \0 1~(\I6' , 2006 ~'" 0 r~ - "Vii L J f~ ') (SEAL) I 0 I z-(".. J~ 2006 01 ~""".'_. ~ - IN- " (SEAL) I COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the a~day of ,octo bev , 2006, before me, the undersigned officer, personally appeared STEVEN A. FIORINO, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Amanda L. Fisher, Notary Public Carlisle Bora, Cumberland County My CommiSSion ExpIres Apr. 17, 2010 Member, Pennsylvania Association of Notaries ~~~~~ Notary Public (SEAL) COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the ~ay of ~~ ,2006, before me, the undersigned officer, personally appeared VICKI L. FIORINO, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my haJtld and official seal. ~14 tary Public (SEAL) COMMONWEALTIl9F PENNS Notari~ Seal Jane Adams, NotaIy Public Carlisle Born, Cwnberland County My Commission Expires Sept 6, 2088 ~~~ icJ c ~ ~ ~ ~ c;:;L::o -C. -S;:-.. ---..l a c:- -7" ':;;>- ~;}~ c~-.: - ~ ~ ., ,....", ~\~~ -/' ...-, :2 ~ <:;::;::' "... ~ ;....\ (...:> o <;A ..-\ '"j;-n f1' -- -nr;.Q .~_tJq ~, ' ::;::,t:;) ~~\~ ~. ";'~~ 'c/" .A ~ ~ -0 ~ ~ <:::> ~ ry 'J OCT 812006 ~y HAROLD S. IRWIN, III ESQ ATTORNEYIDNO.~O 14 SOUtH Pin STREET CARLISLE PA 17013 (717) 243-41080 ATTORNEY FOR PUUNnFF Plaintiff : THE COURT OF CO....ON PLEAS OF : CU"BERLAND COUNTY, PENNSYLVANIA VICKI L FIORINO, . . Y. : CIVIL ACTION. LAW : NO. 2008 - 5280 CIVIL TERM STEVEN A. FIORINO, Defendant : IN CUSTODY ORDER OF COURT NOW this"'3s l day of lJ~ v. , 2006, upon presentation and consideration of the within complaint and the stipulation and agreement incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have joint legal custody of their minor child, SAMANTHA NICOLE FIORINO (born July 21, 1992). Joint legal custody means both parents shall jointly share the right of control of their child and shall share in making decisions of importance in the life of their child, including educational, medical and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental and other important records. Notwithstanding the foregoing, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and Order and the best interests of the child. B. The Mother shall have primary physical custody of the child. C. The Father shall have temporary physical custody of the child as the parties and the child may mutually agree from time to time. D. The parties shall have reasonable telephone contact with the child while the child are in the other's custody. S 2 :OlllV L - i\ON 900l i U\'~ln' "" " ,'''' , -'1 11 ::10 J'O Y \.....h "'L_..r"j~~---"t:;;J :~I- 'j E. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. F. The parties shall do nothing that may estrange the child from the other party or hinder the natural development of the child's love or affection for the other party. G. The defendant shall pay to the plaintiff the sum of $92.31 per week for the support of the child, effective immediately. The $92.31 amount shall be payable from the defendant directly to the plaintiff and not through the Domestic Relations system. Defendant shall also provide medical insurance for the parties' child, if offered through his employer, and shall pay 60% of all of her unreimbursed medical expenses over the first $250 per year. If the defendant becomes more than two weeks late in any of these support obligations, then plaintiff shall have the right to file this order with Domestic Relations and demand a wage attachment. H. In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. I. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. J. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. I{-?~o~ o . ~ BY THE COURT, --., .J,..". \.J~ Plaintiff = THE COURT OF COMMON PLUS OF = CUMBERLAND COUNTY, PENNSYLVANIA VICKI L FIORINO, . . Y. = CIVIL ACTION - LAW = NO. 2008 - 5280 CIVIL TERM STEVEN A. FIORINO, Defendant . . = IN DIVORCE AFFDAVIT OF CONaENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed in this matter on or about September 8, 2006. Service of the complaint was made by certified mail, return receipt requested, on September 15, 2006 (see affidavit of service previously filed). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. December \ :, -ih. , 2006 \LD.I'~~ VICKI L. FIORINO WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 fc) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. December J ~ +.b . 2006 \L~(~ J. f<<r VICKI L. FIORINO ..J ~;) = = 0""> o I....; ("") N -...l ,- .' -",,~ ~ .r- c..r, From:IRWIN LAW OFFICE 717 243 8200 12/12/2006 12:18 #448 P.002/002 PlalRtIff = THE COURT O' COMMON PLIIA8 OF ; CU.BERLAND COUNTY. PINNaYLVANIA I I CML ACTION. LAW I NO. 2001 - SIlO CIVIL TEIUI VICKI L FIORINO, Y. STI!VBN .. FIORINO, D.fe......t = IN DIVORCE AFFDAVlT OF CON_NT , . A complaint In divorce under Section 3301 (c) of the Divorce Code was filed in this matter on or about September 8, 2006. Service of the complaint was made by certified mall, retum receipt requested, on September 15, 2006 (see affidavit of service previously filed). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3, I consent to the entry of a final decree In divorce after service of notice of Intention to request entry of the divorce. December Z I . 2006 h '~ d~~~~ STEVEN A. FIORINO WAIVER OF Ncm~ OP .NT.NTION TO Il&G.UDT I!NTRY OF A DIVORCI! DIICOE UNDER 811CT10N 1301 (C) 0' THI! DIVORC& CODa 1 . I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce Is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me Immediately after it is filed with the Prothonotary. I verify that the statements made in this affidaVIt are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. December 1:L.. 2006 ~~~ STEVEN A. FIORINO - ~ = = CT" d r"l C-) ,,~ _J o -n .r:- '-'"; HAROLD" IRWIN, III, DQUIRE ATTORNBY'ID NO. 28820 .. SOUTH PITT STRI!ET CARLISU PA 17013 (717) 24MOIO ATTORNBY' 'OR PLAlNnFP VICKI L FIORINO, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . Y. : CIVIL ACTION - LAW : NO. 2008 -1280 CIVIL TERM STEVEN A. FIORINO, Defendant . . : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: On or September 13, 2006 defendant was served with a copy of the divorce complaint by U.S. Certified Mail (see Affidavit of Service previously filed). 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301 (c) of the Divorce Code: By the plaintiff: December /3 ,2006 By the defendant: December ~, 2006 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A. Date plaintiff's Waiver of Notice j[l Section 3301 (c) divorce was filed with the Prothonotary: December ~, 2006 Date defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: December ~, 2006 (b) HAROLD S. IRWI I III Attorney for Plain Decernber~,2006 ~ 0 c..=> -n C""' C' {~~i n N _..l -0 -- C' (.1\ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~+~~~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE ()F PENNA. VICKI L. FIORINO Plaintiff No. 2006 - 5280 CIVIL TERM VERSUS STEVEN A. FIORINO Defendant DECREE IN DIVORCE AND NOW, J lJ1-VGJ 1 ~ VICKI L. FIORINO , PLAINTIFF, 2.007, IT IS ORDERED AND DECREED THAT AND STEVEN A. FIORINO , 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; NONE PROTHONOTARY J. f /?fT."'" ".~ /...) LI ,."m;r ~J7 ~? Iff "..-" ?Jio rifJ L LJ