Pennsylvania Cases October 09, 2020: In re DiClaudio

Court: Pennsylvania Court of Judicial Discipline
Date: Oct. 9, 2020

Case Description

IN RE: Judge Scott DiClaudio Court of Common Pleas First Judicial District Philadelphia County

3 JD 2019

COMMONWEALTH OF PENNSYLVANIA COURT OF JUDICIAL DISCIPLINE

October 9, 2020

JOINT STIPULATIONS OF FACT IN LIEU OF TRIAL AND WAIVER OF TRIAL PURSUANT TO C.J.D.R.P. NO. 502(D)(1)

AND NOW, this 9 day of October, 2020, comes the Judicial Conduct Board of the Commonwealth of Pennsylvania (Board), and Judge Scott DiClaudio (Respondent), by and through their undersigned counsel, and file these Joint Stipulations Of Fact In Lieu Of Trial And Waiver Of Trial Pursuant To C.J.D.R.P. No. 502(D)(1), as follows:

JOINT STIPULATIONS OF FACT IN LIEU OF TRIAL
1. Article V, § 18 of the Constitution of the Commonwealth of Pennsylvania grants to the Board the authority to determine whether there is probable cause to file formal charges against a judicial officer in this Court, and thereafter, to prosecute the case in support of such charges in this Court.

2. From January 2016, until the present time, Judge DiClaudio has served as a Judge of the Court of Common Pleas of Philadelphia County.

3. As a judicial officer, Judge DiClaudio was subject to all the duties and responsibilities imposed on him by the Constitution of the Commonwealth of Pennsylvania and the Code of Judicial Conduct adopted by the Supreme Court of Pennsylvania.

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4. Based on a Confidential Request for Investigation at JCB File No. 2019-096, the Board investigated the instant matter.

5. As a result of its investigation, and pursuant to Article V, § 18(a)(7) of the Constitution of the Commonwealth of Pennsylvania, the Board determined that there was probable cause to file formal charges against Judge DiClaudio in this Court.

6. All of the above listed exhibits, which have been provided to Judge DiClaudio pursuant to C.J.D.R.P. No. 401(D)(1) and (E) are admissible and authentic.

7. On March 7, 2019, the Board issued a Letter of Counsel to Judge DiClaudio in JCB File No. 2017-693.

8. On March 25, 2019, Judge DiClaudio signed a Statement of Consent agreeing that the above referenced Letter of Counsel and any supporting facts for the Letter of Counsel could be used against him during any future proceedings in the Court of Judicial Discipline.

9. On August 20, 2015, when Judge DiClaudio was a judicial candidate, the Cynwyd Club (the Club), a private fitness and social club, filed a civil complaint against him in magisterial district court 38-2-04.

10. The civil complaint, filed to MJ-38204-CV-117-2015, alleged that then-judicial candidate DiClaudio owed the Club several thousand dollars in unpaid membership dues, purchases and services.

11. A hearing on the civil complaint was scheduled for September 18, 2015, in magisterial district court 38-2-04.

12. Then-judicial candidate DiClaudio failed to appear on September 18, 2015, at the hearing on the civil complaint.

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13. On September 21, 2015, then-judicial candidate DiClaudio contacted magisterial district court office 38-2-04 to notify it of his intent to defend against the civil complaint.

14. A hearing on the civil complaint was re-scheduled for October 15, 2015.

15. On October 15, 2015, when then-judicial candidate DiClaudio failed to appear in magisterial district court office 38-2-04, judgment was entered in favor of the Club and against then-candidate DiClaudio in the amount of $2,659.38.

16. On November 13, 2015, then-judicial candidate DiClaudio filed a Notice of Appeal in the Court of Common Pleas of Montgomery County from the October 15, 2015 judgment.

17. On his Notice of Appeal, then-judicial candidate DiClaudio indicated that his address was 1500 J.F.K. Blvd, Suite 900, Philadelphia, PA, 19102.

18. On December 3, 2015, the Club filed a civil complaint, Cynwd Club v. Scott DiClaudio, Civil Action No. 2015-29887, in the Montgomery County Court of Common Pleas alleging the same facts as those alleged in the magisterial district court.

19. On December 4, 2015, a copy of the civil complaint was sent via United States mail to then-judicial candidate DiClaudio at 1500 John F. Kennedy Boulevard, Philadelphia, PA, 19102 by counsel for the Club.

20. On April 4, 2016, after Judge DiClaudio failed to file an answer to the civil complaint, a default judgment was entered against Judge DiClaudio and in favor of the Club in the amount of $3,767.67.

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21. On April 4, 2016, a copy of the default judgment was sent via United States mail to Judge DiClaudio's judicial office, Criminal Justice Center, 1301 Filbert Street, Room 1203, Philadelphia, PA, 19107 by counsel for the Club.

22. On January 31, 2018, a formal discovery request was sent by the Club to Judge DiClaudio seeking production of documents and answers to interrogatories to aid in collection of the judgment.

23. On March 28, 2018, after Judge DiClaudio failed to respond to the Club's discovery request, the Club filed a Motion to Compel responses to its discovery request.

24. On March 29, 2018, a copy of the Motion to Compel was sent via United States mail to Judge DiClaudio's judicial office, Criminal Justice Center, 1301 Filbert Street, Room 1415, Philadelphia, PA, 19107 by counsel for the Club.

25. On April 19, 2018, a Rule to Show Cause was issued by the Court of Common Pleas of Montgomery County requiring Judge DiClaudio to show cause on or before May 21, 2018, why the Club's Motion to Compel should not be granted.

26. On May 9, 2018, a copy of the Rule to Show Cause was sent via United States mail to Judge DiClaudio's judicial office, Criminal Justice Center, 1301 Filbert Street, Room 1415, Philadelphia, PA, 19107 by counsel for the Club.

27. On May 22, 2018, after Judge DiClaudio failed to respond to the Rule to Show Cause, Senior Judge Arthur Tilson ordered Judge DiClaudio to respond to the Club's discovery request.

28. On June 4, 2018, a copy of the May 22, 2018 order of court was sent via the United States mail to Judge DiClaudio's judicial office, Criminal Justice Center,

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1301 Filbert Street, Room 1415, Philadelphia, PA, 19107 by counsel for the Club.

29. Judge DiClaudio personally received a copy of the May 22, 2018 order of court.

30. Judge DiClaudio did not comply with the May 22, 2018 order of court.

31. On July 26, 2018, after Judge DiClaudio failed to obey the May 22, 2018 order of court, the Club filed a Motion for Sanctions.

32. On July 26, 2018, a copy of the Motion for Sanctions was sent via United States mail to Judge DiClaudio's judicial office, Criminal Justice Center, 1301 Filbert Street, Room 1415, Philadelphia, PA, 19107 by counsel for the Club.

33. Judge DiClaudio personally received a copy of the July 26, 2018 Motion for Sanctions.

34. A hearing on the Club's Motion for Sanctions was scheduled for September 27, 2018, in the Court of Common Pleas of Montgomery County.

35. On August 28, 2018, notice of the September 27, 2018 hearing was sent via the United States mail to Judge DiClaudio's judicial office, Criminal Justice Center, 1301 Filbert Street, Room 1415, Philadelphia, PA, 19107 by counsel for the Club.

36. On September 27, 2018, Judge DiClaudio failed to appear in the Court of Common Pleas of Montgomery County.

37. On September 27, 2018, when Judge DiClaudio failed to appear in the Court of Common Pleas of Montgomery County, Senior Judge Bernard Moore found Judge DiClaudio in contempt of the May 22, 2018 order, directed him to respond to the discovery request within ten days, and ordered him to pay the Club's attorney fees in the amount of $1,000.

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38. On October 15, 2018, a copy of the September 27, 2018 order of court was sent via United States mail to Judge DiClaudio's judicial office, Criminal Justice Center, 1301 Filbert Street, Room 1415, Philadelphia, PA, 19107 by counsel for the Club.

39. On October 15, 2018, counsel for the Club filed a Praecipe to Amend Address, requesting that the Prothonotary of Montgomery County change the address of the defendant, Judge DiClaudio, to 1301 Filbert Street, Criminal Justice Center, Room 1415, Philadelphia, PA, 19107.

40. On November 7, 2018, after Judge DiClaudio failed to obey the September 27, 2018 order of court, the Club filed a second Motion for Sanctions.

41. On November 8, 2018, a copy of the Club's second Motion for Sanctions was sent via United States mail to Judge DiClaudio's judicial office, Criminal Justice Center, 1301 Filbert Street, Room 1415, Philadelphia, PA, 19107 by counsel for the Club.

42. A hearing on the Club's second Motion for Sanctions was scheduled for February 7, 2019, in the Court of Common Pleas of Montgomery County.

43. On December 18, 2018, notice of the February 7, 2019 hearing was sent via the United States mail to Judge DiClaudio's judicial office, Criminal Justice Center, 1301 Filbert Street, Room 1415, Philadelphia, PA, 19107 by the Prothonotary of Montgomery County.

44. On December 18, 2018, notice of the February 7, 2019 hearing was sent via the United States mail to Judge DiClaudio's judicial office, Criminal Justice Center, 1301 Filbert Street, Room 1415, Philadelphia, PA, 19107 by counsel for the Club.

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45. On February 7, 2019, Judge DiClaudio failed to appear in the Court of Common Pleas of Montgomery County.

46. On February 7, 2019, when Judge DiClaudio failed to appear in the Court of Common Pleas of Montgomery County, Senior Judge Emanuel Bertin found Judge DiClaudio in contempt of the September 27, 2018 order, directed him to respond to the discovery request within ten days, pay the Club's attorney fees in the amount of $1,000 per the September 27, 2018 order and $2,500 for the February 7, 2019 matter.

47. On February 7, 2019, a copy of the February 7, 2019 order of court was sent via the United States mail to Judge DiClaudio's judicial office, Criminal Justice Center, 1301 Filbert Street, Room 1415, Philadelphia, PA, 19107 by the Prothonotary of Montgomery County.

48. On February 8, 2019, a copy of the February 7, 2019 order of court was sent via United States mail to Judge DiClaudio's judicial office, Criminal Justice Center, 1301 Filbert Street, Room 1415, Philadelphia, PA, 19107 by counsel for the Club.

49. Judge DiClaudio failed to obey the February 7, 2019 order of court.

50. On February 26, 2019, after Judge DiClaudio failed to obey the February 7, 2019 order of court, the Club filed a third Motion for Sanctions.

51. A hearing on the Club's third Motion for Sanctions was scheduled for April 11, 2019, in the Court of Common Pleas of Montgomery County.

52. On March 21, 2019, notice of the April 11, 2019 hearing was sent via the United States mail to Judge DiClaudio's judicial office, Criminal Justice Center,

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1301 Filbert Street, Room 1415, Philadelphia, PA, 19107 by the Prothonotary of Montgomery County.

53. On March 29, 2019, notice of the April 11, 2019 hearing was sent via the United States mail to Judge DiClaudio's judicial office, Criminal Justice Center, 1301 Filbert Street, Room 1415, Philadelphia, PA, 19107 by counsel for the Club.

54. On April 10, 2019, the hearing on the Club's third Motion for Sanctions was continued to a date to be determined.

55. On April 10, 2019, notice that the April 11, 2019 hearing on the Club's third Motion for Sanctions had been continued to a date to be determined was sent to Judge DiClaudio's judicial office, Criminal Justice Center, 1301 Filbert Street, Room 1415, Philadelphia, PA, 19107 by the Prothonotary of Montgomery County.

56. On April 26, 2019, notice that the April 11, 2019 hearing on the Club's third Motion for Sanctions was rescheduled for May 30, 2019, was sent to Judge DiClaudio's judicial office, Criminal Justice Center, 1301 Filbert Street, Room 1415, Philadelphia, PA, 19107 by the Prothonotary of Montgomery County.

57. On April 26, 2019, notice that the April 11, 2019 hearing on the Club's third Motion for Sanctions was rescheduled for May 30, 2019, was sent to Judge DiClaudio's judicial office, Criminal Justice Center, 1301 Filbert Street, Room 1415, Philadelphia, PA, 19107 by counsel for the Club.

58. On May 30, 2019, Judge DiClaudio failed to appear for the hearing on the Club's third Motion for Sanctions.

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59. On May 30, 2019, when Judge DiClaudio failed to appear in the Court of Common Pleas of Montgomery County, Senior Judge Emanuel Bertin found Judge DiClaudio in contempt of the September 27, 2018 and February 7, 2019 orders, directed him to respond to the discovery request within ten days, pay the Club's attorney fees in the amount of $1,000 per the September 27, 2018 order, $2,500 per the February 7, 2019 order and $1,780 for the May 30, 2019 matter.

60. On May 31, 2019, a copy of the May 30, 2019 order of court was sent via the United States mail to Judge DiClaudio's judicial office, Criminal Justice Center, 1301 Filbert Street, Room 1415, Philadelphia, PA, 19107 by the Prothonotary of Montgomery County.

61. On June 3, 2019, a copy of the May 30, 2019 order of court was sent via United States mail to Judge DiClaudio's judicial office, Criminal Justice Center, 1301 Filbert Street, Room 1415, Philadelphia, PA, 19107 by counsel for the Club.

62. Judge DiClaudio personally received the May 30, 2019 order of court.

63. On August 20, 2019, after Judge DiClaudio failed to obey the May 30, 2019 order of court, the Club filed a fourth Motion for Sanctions.

64. A hearing on the Club's fourth Motion for Sanctions was scheduled for October 24, 2019, in the Court of Common Pleas of Montgomery County.

65. On September 13, 2019, notice of the October 24, 2019 hearing on the Club's fourth Motion for Sanctions was sent to Judge DiClaudio's judicial office, Criminal Justice Center, 1301 Filbert Street, Room 1415, Philadelphia, PA, 19107 by the Prothonotary of Montgomery County.

66. Judge DiClaudio personally received notice of the October 24, 2019 hearing.

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67. On October 24, 2019, Judge DiClaudio and counsel for the Club appeared in the Court of Common Pleas of Montgomery County before Senior Judge Emanuel Bertin.

68. During the October 24, 2019 hearing, Judge DiClaudio agreed to pay the sum of $9,500 to the Club in two payments.

69. Pursuant to the agreement of the parties, on October 24, 2019, Judge Bertin issued an order that the case against Judge DiClaudio be discontinued upon payment of the sum of $9,500 by Judge DiClaudio, on or before December 5, 2019.

70. On March 4, 2011, the Pennsylvania Department of Revenue filed a lien against Scott DiClaudio in the amount of $7,536.10 and the lien remains unsatisfied.

71. On June 12, 2014, the Pennsylvania Department of Revenue filed a lien against Scott DiClaudio in the amount of $10,174.97 and the lien remains unsatisfied.

72. On March 11, 2017, the Pennsylvania Department of Revenue filed a lien against Judge DiClaudio in the amount of $16,317.24 and the lien remains unsatisfied.

73. On July 28, 2017, the Internal Revenue Service filed a lien against Judge DiClaudio in the amount of $287,500.11 and the lien remains unsatisfied.

74. By order of the Supreme Court of Pennsylvania dated February 6, 2015, all Pennsylvania judicial officers are required to file an annual Statement of Financial Interest (SOFI) no later than May 1 of each year.

75. Question eight on the SOFI form requires judicial officers to provide a list of all creditors.

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76. The instructions which accompany the SOFI form pertaining to question eight direct judicial officers to "list the creditor, address and interest rate of those debts which at any time during the prior year were over $6,500."

77. On April 29, 2016, Judge DiClaudio submitted his annual SOFI pertaining to his 2015 financial interests.

78. Judge DiClaudio's April 29, 2016 SOFI did not list the Pennsylvania Department of Revenue as a creditor.

79. On April 26, 2017, Judge DiClaudio submitted his annual SOFI pertaining to his 2016 financial interest.

80. Judge DiClaudio's April 26, 2017 SOFI did not list the Pennsylvania Department of Revenue as a creditor.

81. On May 1, 2018, Judge DiClaudio submitted his annual SOFI pertaining to his 2017 financial interests.

82. Judge DiClaudio's May 1, 2018 SOFI did not list the Pennsylvania Department of Revenue or the Internal Revenue Service as a creditor.

83. On April 29, 2019, Judge DiClaudio submitted his annual SOFI pertaining to his 2018 financial interests.

84. Judge DiClaudio's April 29, 2019 SOFI did not list the Pennsylvania Department of Revenue or the Internal Revenue Service as a creditor.

85. Judge DiClaudio was aware of the existence of the Pennsylvania Department of Revenue liens filed on March 4, 2011, June 12, 2014, and March 11, 2017, when he submitted his annual SOFIs on April 29, 2016, April 26, 2017, May 1, 2018, and April 29, 2019.

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86. Judge DiClaudio was aware of the existence of the Internal Revue Service lien filed on June 28, 2017, when he submitted his annual SOFI on April 29, 2019.

87. Judge DiClaudio was under the impression (wrongly so) that the Pennsylvania Department of Revenue liens and the Internal Revenue Service lien did not have to be reported, and he has corrected that situation.

88. Retired Judge Benjamin Lerner would state he has known Judge DiClaudio for many years both as a friend, a lawyer who appeared before him, and as a judge. He knows people in the community who know Judge DiClaudio, Among those people, his reputation as a truthful and honest person, as a peaceful and law-abiding person and as a knowledgeable, fair and hard-working judge is excellent. He would also testify Judge DiClaudio, as a judge, works extremely hard and has handled a massive case load since his election to the bench in a fair and just manner without any back logs.

89. Retired Judge Chris Wogan would state he has known Judge DiClaudio for many years both as a friend, a lawyer who appeared before him, and as a judge. He knows people in the community who know Judge DiClaudio. Among those people, his reputation as a truthful and honest person, as a peaceful and law-abiding person and as a knowledgeable, fair and hard-working judge is excellent. He would also testify Judge DiClaudio, as a judge, works extremely hard and has handled a massive case load since his election to the bench in a fair and just manner without any back logs.

90. Attorney Brian McMonagle of the Philadelphia law firm of McMonagle, Perri, McHugh and Mischak would state he has known Judge DiClaudio for many years both as lawyer and a judge. He would testify as to Judge DiClaudio's

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fairness and strong work ethic as a judge. He would note Judge DiClaudio's excellent knowledge in the law and his courtesy to litigants and attorneys. He would testify he knows people in the community who know Judge DiClaudio and that among those people, Judge DiClaudio has an excellent reputation as a truthful and honest person, as a peaceful and law-abiding person, and as a knowledgeable, fair and hardworking judge.

91. The custodian of records for the First Judicial District would present Exhibit 57, which is the Disposition Tracking Record for Judge Scott DiClaudio showing dispositions of 5,675 Common Pleas criminal cases from January 1, 2016 to August 24, 2020.

92. The parties stipulate to the authenticity and admissibility of all trial exhibits, attached to these Joint Stipulations of Fact in Lieu of Trial, as set forth below:

Trial Exhibits:

1. March 7, 2019 Letter of Counsel in JCB File No. 2017-693.

2. March 25, 2017 Statement of Consent in JCB File No. 2017-693.

3. Civil Complaint in the matter of Cynwyd Club v. Scott DiClaudio, filed to MJ-38204-CV-117-2015.

4. Civil Action Hearing Notice in the matter of Cynwyd Club v. Scott DiClaudio, filed to MJ-38204-CV-117-2015.

5. Civil: Intent to Defend notes of telephone call in the matter of Cynwyd Club v. Scott DiClaudio, filed to MJ-38204-CV-117-2015.

6. Rescheduling Notice in the matter of Cynwyd Club v. Scott DiClaudio, filed to MJ-38204-CV-117-2015.

7. Notice of Judgment/Transcript Civil in the matter of Cynwyd Club v. Scott DiClaudio, filed to MJ-38204-CV-117-2015.

8. Notice of Appeal and Civil Cover Sheet in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

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9. Civil Complaint in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

10. Affidavit of Service of Civil Complainant in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

11. Default Judgment in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

12. Affidavit of Service of Default Judgment in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

13. Motion to Compel in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

14. Certification of Service of Motion to Compel in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

15. Rule to Show Cause in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

16. Certification of Service of Rule to Show Cause in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

17. May 22, 2018 order of court in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

18. Certification of Service of May 22, 2018 order of court in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

19. Motion for Sanctions dated July 26, 2018 in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

20. Certification of Service of Motion for Sanctions in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

21. Notice of September 27, 2018 hearing in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

22. Certification of Service of Notice of September 27, 2018 hearing in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

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23. Transcript of the September 27, 2018 hearing in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

24. September 27, 2018 order of court in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

25. Certification of Service of September 27, 2018 order of court in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

26. Praecipe to Amend Address in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

27. Second Motion for Sanctions in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

28. Certification of Service of Second Motion for Sanctions in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

29. Notice of February 7, 2019 hearing in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

30. Certification of Service of Notice of February 7, 2019 hearing in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

31. Transcript of the February 7, 2019 hearing in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

32. February 7, 2019 order of court in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

33. Certification of Service of February 7, 2019 order of court in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

34. Third Motion for Sanctions in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

35. Notice of April 11, 2019 hearing in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

36. Certification of Service of Notice of April 11, 2019 hearing in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

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37. Notice of Continuance of April 11, 2019 hearing in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

38. Notice of May 30, 2019 hearing in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

39. Certification of Service of Notice of May 30, 2019 hearing in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

40. Transcript of the May 30, 2019 hearing in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

41. May 30, 2019 order of court in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

42. Certification of Service of May 30, 2019 order of court in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

43. Fourth Motion for Sanctions in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

44. Notice of October 24, 2019 hearing in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

45. Transcript of the October 24, 2019 hearing in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

46. October 24, 2019 order of court in the matter of Cynwyd Club v. Scott DiClaudio, filed to Montgomery County Docket Number 2015-29887.

47. March 4, 2011 Pennsylvania Department of Revenue Lien against Scott DiClaudio.

48. June 12, 2014 Pennsylvania Department of Revenue Lien against Scott DiClaudio.

49. March 11, 2017 Pennsylvania Department of Revenue Lien against Scott DiClaudio.

50. July 28, 2017 Internal Revenue Service Lien against Scott DiClaudio.

51. February 6, 2015 order of Supreme Court of Pennsylvania.

52. Statement of Financial Interest form.

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53. April 29, 2016 SOFI of Judge Scott DiClaudio.

54. April 26, 2017 SOFI of Judge Scott DiClaudio.

55. May 1, 2018 SOFI of Judge Scott DiClaudio.

56. April 29, 2019 SOFI of Judge Scott DiClaudio.

57. The Disposition Tracking Record for Judge Scott DiClaudio from January 1, 2016 to August 24, 2020 showing dispositions of 5,675 Common Pleas cases.

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WAIVER OF RIGHT TO TRIAL

By submitting these Stipulations of Fact in Lieu of Trial, the Board and the Respondent agree they shall be bound by them and the Court of Judicial Discipline shall adopt them as the facts of the case upon which a decision shall be rendered. The Board and the Respondent expressly waive any right to trial under Article V, §18(b)(5) of the Pennsylvania Constitution and the Rules of the Court of Judicial Discipline as per C.J.D.R.P. No. 502(D)(1).

WHEREFORE, the parties, through their respective counsel, intending to be legally bound by this document, do hereby set their hand and seal.

DATE: 10-9-20

/s/ _________
Melissa L Norton, Esquire
Deputy Counsel
Judicial Conduct Board

DATE: 10/8/20

/s/ _________
Samuel C. Stretton, Esquire
Counsel for Respondent

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CERTIFICATE OF COMPLIANCE

I certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania that require filing confidential information and documents differently than non-confidential information and documents.

Submitted by: Judicial Conduct Board of Pennsylvania

Signature: /s/ _________

Name: Melissa L. Norton
Deputy Counsel

Attorney No.: 46684

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PROOF OF SERVICE

In compliance with Rule 122 of the Court of Judicial Discipline Rules of Procedure, the date below, a copy of the Joint Stipulations of Fact in Lieu of Trial and Waiver of Trial Pursuant to C.J.D.R.P. No. 502(D)(1) was sent by UPS Overnight Mail to counsel for Judge Scott DiClaudio, Attorney Samuel C. Stretton, at the following address:

Samuel C. Stretton, Esquire 103 South High Street P.O. Box 3231 West Chester, PA 19381

Respectfully submitted,

DATE: October 9, 2020

By: /s/ _________
MELISSA L. NORTON
Deputy Counsel
Pa. Supreme Court ID No. 46684
Judicial Conduct Board
Pennsylvania Judicial Center
601 Commonwealth Avenue, Suite 3500
P.O. Box 62525
Harrisburg, PA 17106
(717) 234-7911

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EXHIBIT 1

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