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HomeMy WebLinkAbout04-1932Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy LD. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 RONALD M. DIORIO, Plaintiff V. JACQUELYN L. DIORIO, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS IN DIVORCE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these pages 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 the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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 Telephone: (717) 249-3166 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO.dq--19jo1 CIVILTERM CIVIL ACTION - LAW Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 RONALD M. DIORIO, Plaintiff V. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.QS/, /93CIVIL TERM CIVIL ACTION - LAW JACQUELYN L. DIORIO, IN DIVORCE Defendant COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Ronald M. Diorio, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, Jacquelyn L. Diorio: 1. The Plaintiff is Ronald M. Diorio, an adult individual, residing at R.D. #1, Box 797, Route 225, Coal Township, Pennsylvania. Plaintiff's Social Security Number is 183-60-2328. 2. The Defendant is Jacquelyn L. Diorio, an adult individual, residing at 925 Willcliff Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. Defendant's Social Security Number is 166-60- 8883. 3. The Plaintiff and Defendant were married on June 27, 1992, in Shamokin, Northumberland County, Pennsylvania. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of marriage counseling and he may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce. COUNT II - EQUITABLE DISTRIBUTION 9. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 8 inclusive, of the Complaint as if the same were set forth herein at length. 10. Plaintiff and Defendant have legally and beneficially acquired certain property during their marriage. 11. The parties have had some discussions regarding equitable distribution and Plaintiff is hopeful that the parties will be able to reach a written agreement which could be made into an Order of Court without the necessity litigation. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court equitably divide all marital property. COUNT III - CUSTODY 12. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 11 inclusive, of the Complaint as if the same were set forth herein at length. 13. The Plaintiff is Ronald M. Diorio, who resides at R.D. #1, Box 797, Route 225, Coal Township, Pennsylvania. 14. The Defendant is Jacquelyn L. Diorio, who resides at 925 Willcliff Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 15. Plaintiff seeks custody of the following children: JACOB M. DIORIO, age nine, whose date of birth is August 1, 1994; and NOAH J. DIORIO, age five, July 2, 1998. 16. The children were not born out of wedlock. 17. The children are presently in the custody of Plaintiff and Defendant. 18. During the past five (5) years, the children have resided with the following persons at the following addresses: Name Address Date Plaintiff and Defendant Plaintiff and Defendant 925 Willcliff Drive Mechanicsburg, PA 17050 4453 Motter Lane Camp Hill, PA 17011 7/01 - Present 1/01 to 7/01 19. The father of the children is Plaintiff, who resides at R.D. #1, Box 797, Route 225, Coal Township, Pennsylvania. He is married. 20. The mother of the children is Defendant, who resides at 925 Willcliff Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. She is married. 21. The relationship of Plaintiff to the children is that of natural father. The Plaintiff currently resides with the Defendant and the minor children. 22. The relationship of Defendant to the children is that of natural mother. The Defendant currently resides with the Plaintiff and the minor children. 23. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 24. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 25. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 26. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. The children need frequent and continuing contact with him as a father and male role model; B. Plaintiff is able to provide a stable and loving environment for the children; C. The children have developed a close emotional relationship with Plaintiff; and D. Plaintiff will support frequent and continuing contact in the boys' relationship with their mother. 27. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 28. Plaintiff believes the parties may be able to reach an agreement regarding the allocation of parental rights and responsibilities for the parenting and care of their children. WHEREFORE, Plaintiff requests the Court to grant him liberal partial physical and shared legal custody of the minor children, JACOB M. DIORIO and NOAH J. DIORIO, subject to periods of custody with the Defendant. JOHNS N,/DU IE, STEWART & WEIDNER By. % - -" Melissa Peel Greevy Date: April 28, 2004 :227229 VERIFICATION I, Ronald M. Diorio, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date: / -/ ? - / Ronald M. Diorio Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 RONALD M. DIORIO, Plaintiff V. JACQUELYN L. DIORIO, Defendant AFFIDAVIT IN DIVORCE RONALD M. DIORIO, 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. 1 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 by the court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ( _ ( 5 - 0 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM Aduo /Q? CIVIL ACTION - LAW Ronald M. Diorio -Z n ? o 9 r y a Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 RONALD M. DIORIO, Plaintiff Hershey, PA 17033 V. JACQUELYN L. DIORIO, Defendant ACCEPTANCE OF SERVICE IN DIVORCE I, John J. Connelly, Jr., Esquire, attorney for Defendant, Jacquelyn L. Diorio, hereby accept service and acknowledge receipt of the Complaint in Divorce filed on April 30, 2004 by the Plaintiff in the above- captioned divorce action. I certify that I am authorized to accept service on behalf of Defendant. JAMES, SMITH, DIETTERICK & CONNELLY BY Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1932 CIVIL TERM CIVIL ACTION - LAW ?' . -6-D4 J h JI. Co nelly, Jr., quir A o I .# O. Elox 650 :227229 n 7.1 T T - r. <:: > o 0 MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN RONALD M. DIORIO AND JACQUELYN L. DIORIO John J. Connelly, Jr., Esquire James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: (717) 533-3280 Counsel for Jacquelyn L. Diorio Melissa Peel Greevy, Esquire Johnson, DufPie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 Telephone: (717) 761-4540 Counsel for Ronald M. Diorio MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this J? day of E 12005 by and between RONALD M. DIORIO, of Hershey, Dauphi County, Pennsylvania and now stationed in Fort Hood, Texas (hereinafter called "HUSBAND"), and JACQUELYN L. DIORIO, of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter called "WIFE"); WITNESSETH: WHEREAS, the parties hereto were married on June 27, 1992, in Shamokin, Northumberland County, Pennsylvania; and WHEREAS, a divorce action was filed by HUSBAND on or about April 30, 2004, in the Cumberland County Court of Common Pleas, and docketed at 04-1932 Civil Term; and WHEREAS, there are two minor children of the marriage: Jacob M. Diorio, born August 1, 1994; and Noah J. Diorio born July 2, 1998; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including but not limited to: the equitable distribution of the marital property; past, present, and future spousal support; alimony, alimony pendente lite, and in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and for other good and valuable consideration, the parties, intending to be legally bound hereby, do hereby agree as follows: ADVICE OF COUNSEL. The provisions of this agreement and their legal effect has been fully explained to the parties by their counsel. WIFE is represented by John J. Connelly, Jr. Esq., of James, Smith, Dietterick and Connelly. HUSBAND is represented by Melissa Peel Greevy, Esquire of Johnson, Duffie, Stewart & Weidner. Each party acknowledges that he or she has had the opportunity to discuss with counsel of their choosing, the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties further declare that each is executing the Agreement freely and voluntarily having obtained sufficient knowledge and disclosure of their respective legal rights and obligations. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to §3301(c) of the Divorce Code. The parties agree to execute Affidavits of Consent for divorce and Waiver of Notice of Intention to Request Entry of a Divorce Decree contemporaneously with the execution of this Marital Settlement Agreement. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the Divorce Decree, but shall continue to have independent contractual significance. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the last party executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally releases the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1480, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a life time conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL DISCLOSURE. The parties represent and warrant that each have made full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Neither parry wishes to make or append hereto any further enumeration or statement. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have a right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and the terms adequately provide for his or her interests, and that this Agreement is not the result of fraud, duress, or undue influence exercised by either party upon the other or by any person or persons upon either party. Each party further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors or assigns, in action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. 6. SEPARATION-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as if fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb or malign each other or the respective families of each other. DEBTS. HUSBAND shall assume responsibility for the MBNA Credit card which had a March 1, 2004 balance of thirteen thousand six hundred ($13,600) dollars. HUSBAND will assume full responsibility for payment of any credit card debt in his name on and after March 12, 2004. HUSBAND shall indemnify and save WIFE 4 harmless from any and all claims and demands made against her by reason of such debts or obligations. WIFE shall assume responsibility for payment of credit debt on the Sears and Lowes credit card accounts which, for purposes of this Agreement, WIFE represents had a combined total balance at the time separation of four thousand ($4000) dollars. WIFE will assume full responsibility for payment of any credit card debt in her name on or after March 12, 2004. In the event that either the Sears or Lowes credit card accounts are joint accounts, WIFE and HUSBAND shall take steps to close the joint accounts and WIFE shall transfer the debt into her name alone. WIFE shall indemnify and save HUSBAND harmless from any and all claims and demands made against him by reason of such debts or obligations. The parties agree that they shall take prompt action regarding any remaining joint credit accounts which have not been closed and agree that they shall immediately close all such accounts. HUSBAND represents and warrants to WIFE that in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims and demands made against her by reason of such debts or obligations incurred by him since the date of their final separation, March 12, 2004. WIFE represents and warrants to HUSBAND that she has not and in the future will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from any and all claims and demands made against him by reason of such debts or obligations incurred by her since the date of final separation, March 12, 2004. RETIREMENT BENEFITS. HUSBAND had a profit sharing plan through a previous employer, Cardiac Diagnostic Associates which had a gross balance of $4224 as of March 31, 2004. HUSBAND liquidated this plan on June 10, 2004 and received a lump sum distribution of $3379 after taxes. WIFE specifically waives any and all right, title or interest in HUSBAND'S retirement plan listed above. HUSBAND shall be solely responsible for any tax liability on the above-referenced lump sum withdrawal from the profit sharing plan. WIFE had no retirement plan or pension during the marriage. HUSBAND specifically waives any and all right, title or interest in any retirement plan earned or created by WIFE as the result of her post separation employment. 9. LIQUID MARITAL ASSETS. The parties agree that they had checking and savings accounts during the marriage and that previously existing joint accounts and individual accounts have been divided to their satisfaction. Any individual accounts now owned by the parties shall become the sole and separate property of the party in whose name the account is currently titled. Both parties waive any rights they may have to the bank or credit union account(s) of the other. 10. AUTOMOBILES. HUSBAND and WIFE agree that HUSBAND will retain the value of the 2002 Toyota Canny. HUSBAND shall be solely responsible for all costs associated with the vehicle, to include loan payments, registration, maintenance, and insurance related to the vehicle. WIFE agrees to execute any documents needed to effect the transfer of all of her right, title and interest in said vehicle to HUSBAND alone. HUSBAND and WIFE agree that WIFE leased a 1999 Ford Windstar. WIFE represents all obligations of the lease have been satisfied. WIFE shall indemnify and save HUSBAND harmless from any and all claims and demands made against him by reason of the Ford vehicle lease. 6 11. REAL ESTATE. The parties were the owners of a home at 925 Willcliff Drive, Mechanicsburg, Pennsylvania which was marital property. The residence was sold and proceeds in the amount of Ten Thousand One Hundred Fifty-Six Dollars and Thirty-Four Cents ($10,156.34) as of May 18, 2005 are being held in escrow by WIFE'S attorney. The parties stipulate and agree that the proceeds, plus any interest thereon, will be divided equally between them immediately following the execution of their Affidavits of Consent, Waivers of Notice of Intention to Request Entry of a Decree in Divorce and this Agreement. The parties further agree that this division of the proceeds from the sale of the home is fair and equitable and receipt of one half of the proceeds shall be satisfactory for each of them to release and relinquish any further claim thereon. 12. HOUSEHOLD GOODS AND PERSONAL PROPERTY. The parties agree that they have previously divided the household goods, and personal property to their mutual satisfaction. The parties agree that this distribution of goods and personal property is satisfactory and equitable. 13. SPOUSAL SUPPORT AND ALIMONY. The parties acknowledge that there is an existing spousal support Order, payable to WIFE, PACSES number 472106251, and docketed to 00239 S 2004 in the Domestic Relations Section of the Court of Common Pleas of Cumberland County, Pennsylvania. The parties stipulate and agree that this Order shall be terminated effective upon the date of the Decree in Divorce and converted to an alimony order in the amount of one hundred thirty nine ($139) dollars per month said amount being the current Spousal Support Order. WIFE represents that there have been no substantial or material changes in her income, bonuses or commission payments since the last disclosure of her income for calculation of the last support obligation. Any arrears due under the terms of the Order shall be added to the alimony order and shall remain due and payable by HUSBAND. If, however, there are any credits or excess payments after the termination date of the Order, these credits or excess payments shall be applied to the alimony obligation. In order to effect the intent of this Agreement, a copy of this Agreement shall be provided to the Domestic Relations office along with the Decree in Divorce, allowing for an administrative disposition dismissing the spousal support portion of Order without the need for the parties to appear. The parties further stipulate and agree to the following additional provisions regarding the alimony obligation: (1) The duration of alimony shall be indefinite. The alimony term shall be modifiable and shall terminate upon the death of either party, WIFE'S remarriage or cohabitation as that term is understood in Miller v. Miller 508 A. 2d 550 (Pa. Super, 1986), or as otherwise provided by law. (2) It is anticipated that HUSBAND will be leaving active duty with the military in February 2006. At which time, after returning to full time employment as a physician's assistant, an adjustment to the alimony payment set forth will occur. The parties agree that the adjustment in alimony shall be as determined by the guidelines for spousal support through the Domestic Relations Statutes and Rules of Court of the Commonwealth of Pennsylvania. In any event, the adjusted monthly alimony shall not exceed Three Hundred Sixty-Six Dollars ($366.00) per month. Subject to this maximum payment, any future adjustments in alimony beyond February of 2006 shall be determined by the guidelines for spousal support referred to herein. (3) The alimony payment will be tax deductible to HUSBAND and includable in WIFE'S income for purposes of federal income taxation and for purposes of calculating the child support obligation. (4) Because WIFE'S income fluctuates and includes commission and/or bonus payments, WIFE shall provide HUSBAND with her income information via W 2 statements, April 30 and October 30 pay stubs. Except as otherwise provided herein, HUSBAND and WIFE waive now and forever, any and all right or claim, past or future, to support from the other, whether the claim be in the form of medical support, alimony, alimony pendente lite, or spousal support. 14. CHILD SUPPORT. The current child support order entered in the Court of Common Pleas, Cumberland County, Pennsylvania, Domestic Relations Division, PACSES Case No. 472106251 shall remain in full force and effect subject to 8 modification based on a change in circumstances. HUSBAND shall continue to maintain medical coverage on the minor children pursuant to the said Order. 15. TAXES. The parties have heretofore filed joint Federal and state tax returns. The parties will file a joint amended return for 2003. The parties agree that if the amended return results in any refund or reduced tax liability for HUSBAND, the benefit thereof shall be credited to and received by HUSBAND. HUSBAND will execute an Innocent Spouse Agreement prepared by WIFE'S counsel, upon request from WIFE'S counsel. As to years prior to 2003, both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made against them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith, Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 16. CUSTODY. The parties are the parents of two children: Jacob M. Diorio, born August 1, 1994; and Noah J. Diorio born July 2, 1998. The parties stipulate and agree that they shall have shared legal custody of the children and agree that each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 9 Due to HUSBAND'S current deployment to active military duty, the parties stipulate and agree that WIFE shall continue to have primary physical custody of the children and that she shall cooperate with providing HUSBAND with liberal periods of partial custody during times that military leave may allow him to return to Pennsylvania, to include liberal partial custody during holidays and one (l) week in the summer. WIFE shall also cooperate to allow the paternal grandparents at least one (1) week of partial custody during the summer school recess. The parties agree and understand that the physical custodial schedule is subject to change when HUSBAND is released from his active military duty and is, therefore, more available to participate in parenting the children. 17. COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of the Agreement, including but not limited to the signing of deeds and other documents. The parties will sign Affidavits of Consent and Waivers of Notice of Intent to Request Entry of a Divorce Decree contemporaneously with the execution of this Agreement. 18. ATTORNEY FEES, COURT COSTS. HUSBAND paid the filing fees associated with the filing of the Complaint in Divorce and shall be responsible for his counsel fees associated with the preparation of the first draft of this Agreement. WIFE shall be responsible for subsequent revisions to the Agreement prepared by her counsel. Otherwise, each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek contribution thereto from the other party except as otherwise expressly provided herein. 19. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provisions of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. However, the alleged breaching party shall not be required to pay the other party's attorney's fees, costs 10 and expenses if the breach is cured within 14 days of a written demand by one party to the other and providing notice of intent to seek counsel fees. Demand shall be adequate if it is sent via certified mail and provides at least fourteen (14) calendar days from the date of mailing for compliance. For purposes of this provision, and in absence of notice to Defendant to the contrary, the presumptive correct mailing address for notice to the Plaintiff shall be: RONALD M. DIORIO P. O. Box 5645 Fort Hood, Texas 76544-0645 For purposes of this provision, and in absence of notice to the Plaintiff to the contrary, the presumptive correct mailing address for notice to the Defendant shall be: JACQUELYN L. DIORIO 1494 Letchworth Road Camp Hill, Pennsylvania 17011 In absence of a notice to the other party of change of address, a breaching or alleged breaching party shall not be relieved of obligation for attorney's fees, costs and expenses under this paragraph for failure to receive written demand. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 20. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a) The right to obtain an inventory and the appraisement of all marital and non-marital property; 11 (b) The right to obtain an income and expense statement of either party; (c) The right to have all property identified and appraised; (d) The right to further discovery as provided by the Pennsylvania Rules of Civil Procedure and the Pennsylvania Divorce Code, including but not limited to, written interrogatories, motions for production of documents, the taking of oral deposition, any all other means of discovery permitted under the law; (e) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 21. 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. 22. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 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 for herein. 12 24. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of th d first written above C ay t Witness RONALD M. DIORIO L YC 4y"G itne J CQ YN L. IORIO 13 STATE OF TEXAS COUNTY OF ss. On the 30 i day of ?e 2005, before me, a Notary Public in and for the State of Texas, the undersigned officer, personally appeared RONALD M. DIORIO known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. (Zotary Public RICHARDISCHOFF r L l COMMONWEALTH OF PENNSYLVANIA -qr SS. COUNTY OF DAUPHIN On the 15?? day of , 2005, before me, a Notary Public in and for the Commonwealt of Pennsylvania, the undersigned officer, personally appeared JACQUELYN L. DIORIO, known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notry Public -cts:nes Notary Public State of Texas My Commission Expires November 12, 20 08 { ?{P 7 c, r 7 } `"J T GJ _{ CJ za Cif .< Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 RONALD M. DIORIO, V. Plaintiff JACQUELYN L. DIORIO, Defendant AFFIDAVIT OF CONSENT NO. 04-1932 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about April 30, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. 4. 1 have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 3pSU,n/ 743p? ? I Ronald M. Diorio, Plaintiff Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA ? T --( r ? ? f rn n ??. ? Tp ?7 L - ?C ? - - ? ;i ;- . - r;. G3 _.-? _ { ? Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 RONALD M. DIORIO, Plaintiff V. JACQUELYN L. DIORIO, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1932 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 3c? TuN 2c oS Ronald M. Diodo, Plaintiff C1 N o ' r na_T j . ! ?m aC? J c? J RONALD M. DIORIO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1932 CIVIL TERM JACQUELYN L. DIORIO, : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 30, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both 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 entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Date: J ue L. Diono, Defendant 7-1 n ti c o Q5 fa y fr, G K O p IN THE COURT OF CCMMCN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD M. DIORIO, No. 04-1932 CIVIL TERM Plaintiff VS. JACQUELYN L. DIORIO, Defendant 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. Grounds for divorce: irretrievable breakdown under Section 3301 (c) XWDQQWU? of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Acceptance of Service signed counsel for Defendant on May 6, 2004 and filed with this Court on may 13, 2004. 3. Complete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff June 30, 2005 by the defendant June 15, 2005 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None. The Marital Settlement Agreement dated June 30, 2005 shall be incorporated, but not merged, into the Decree in Divorce. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(1)(i) of the Divorce Code Waiver of Notice signed by Plaintiff on June 30, 2005 and filed concurrently herewith. Waiver of Notice signed by Defendant on June 15, 2005 and sled c currently herewith. Attorney for Plaintiff Melissa Peel Greevy Atty ID #77950 L o %7 ? vl ? C y co > m Cb'1 -ti7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ilk N STATE OF IDENNA. au. RONALD M. DIORIO, Plaintiff VERSUS JACQUELYN L. DIORIO, Defendant No. 04-1932 CIVIL TERM DECREE IN DIVORCE of Court as provided in Pa. C.S. § BY THE CO ATTEST: /-) ^ J. AND NOW, P---- 2005 IT IS ORDERED AND DECREED THAT AND RONALD M. DIORIO JACQUELYN L. DIORIO ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF REC R IIN, _THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; l ritK. The Marital Settlemnt Agreement dated June 30,. 2005 shall be incorporated, but not merged, into this Decree in Divorce and is e ce b;e asZ Order OTARY io""V ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND Date of Order/Notice 07/27/05 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN DFAS CLEVELAND CENTER* C/0 DFAS CODE L GARNISHMENT OPS PO BOX 998002 CLEVELAND OH 44199-8002 O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE: DIORIO, RONALD M. Employee/Obligor's Name (Last, First, MI) 183-60-2328 Employee/Obligor's Social Security Number 1004 101303 _i1 a6iyl_/93a- PfU/L Employee/Obligor's Case Identifier /'rYC.SG S 3$6 10 7 S,?- (see Addendum for plaintiff names t / associated with cases on attachment) 2 3 9 S ?Z?J Custodial Parent's Name (Last, First, MI) ,??fs 517a?aio?5/ 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 law, 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, 649.48 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 1, 649.48 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: $ 380. 65 per weekly pay period. $ 761.3 0 per biweekly pay period (every two weeks). $ 824.74 per semimonthly pay period (twice a month). $ 1. 649.48 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 #9 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. tom,,., , P'S€". r r BY THE C T: - 2ZQD5 1 Date of Order: tJUL 2 Form EN-028 Service Type M OMeNo.:0970-ou4 WorkerlD $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If Necked you are required to provide a Copy of this form to youremployee. If yo r employee works in a state that is di event from the state that issued this order, a copy must be provi ded to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax 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.*-Repor1trr9 the Pdydlart& ate-O ttbhOfding-y0trmmtTepORtn218aygateltlate-orWmnoicimp; wrmrrsermmy uw pey, 1i-i,. l - thedate-o which an. tmtwasrrrtfthe}d fror thr"mpjoyee s wages: You must comply with the 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/obligor and 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's/obligor's principal place of employment. You must honor all OrderslNotices 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. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2491016300 EMPLOYEE'S/OBLIGOR'S NAME: DIORI0, RONALD M. EMPLOYEE'S CASE IDENTIFIER: 1004101303 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be 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, contact the person or authority below, 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 State 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 discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. 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. 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 state order, you may not withhold more than 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 than 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: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N HANOVER $T by telephone at 0717) 240-6225 or P.O, BOX 320 by FAX at 1( 17) 24.0-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: DIORIO, RONALD M. PACSES Case Number 380107523 Plaintiff Name JACQUELYN L. DIORIO Docket Attachment Amount 04-1932 CIVIL$ 139.00 Child(ren)'s Name(s): DOB PACSES Case Number 472106251 Plaintiff Name JACQUELYN L. DIORIO Docket Attachment Amount 00239 S 2004 $ 1,510.48 Child(ren)'s Name(s): DOB NOAH J. DIORIO 07,/02/98 JACOB M. DIORIO 08/01/194 ? 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 $ 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 $ 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'sfobligor's employment. PACKS Case Number Plaintiff Name Dock t 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 Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB D if checked, you are required to enroll the child(ren) ? If checked, you are 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 Form EN-028 Service Type M Worker ID $IATT 0M8 No, 0970-01>4 ,_.? ,-, -., ? mil' -?, , ? ? Ste. T _??? l ?J ?j. ? ?l ?i S' ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 08/08/05 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number DFAS CLEVELAND CENTER* C/O DFAS CODE L GARNISHMENT OPS 3c30101523 04-1932. CI V4 RE: DIORIO, RONALD M. O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Employee/Obligor's Name (Last, First, MI) 412 ICv2.51 183-60-2328 2 ? 2Xr-* - Employee/Obligor's Social Security Number 1004101303 Employee/Obligor's Case Identifier (See Addendum for plaintiff names PO BOX 998002 associated with cases on attachment) CLEVELAND OH 44199-8002 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 law, 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, 510. 11 per month in current support $ 0. oo per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current and past-due medical support $ o . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 1, 510.11 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: $ 348.49 per weekly pay period. $ 696.97 per biweekly pay period (every two weeks). $ 755.06 per semimonthly pay period (twice a month). $ 1.51o .11 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 #9 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. Date of Order: 09 9MC) Service Type M OMs No.: 097"] ,TT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hhecnkt i you are required to provide a copy of this form to your employee. If yo r employee works in a state that is di event frrom the state that issued this order, a copy must be provZo to your emp%yee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax 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 employeelobligor. 3.*-Reportingthe Paydate/E)dte of Withholding. You must report the Jdydat- "ate of Mthhol hen sending the pay ... ent. The . You must comply with the 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/obligor and 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's/obligor'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. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2451016300 EMPLOYEE'S/OBLIGOR'S NAME: DIORIO. RONALD M. EMPLOYEE'S CASE IDENTIFIER: 1004101303 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be 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, contact the person or authority below. 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 State 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. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. 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. 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 state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional *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. 11.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (7171 240-6248 or by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 OMB No.: 09760154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: DIORIO, RONALD M. PACSES Case Number 380107523 Plaintiff Name JACQUELYN L. DIORIO Docket Attachment Amount 04-1932 CIVIL$ 139.00 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'slobligor's employment. PACSES Case Number 472106251 Plaintiff Name JACQUELYN L. DIORIO Docket Attachment Amount 00239 S 2004 $ 1,371.11 Child(ren)'s Name(s): DOB NOAH J. DIORIO 07/02/98 JACOB M. DIORIO 08/O1f94 Olf 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 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 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Olf checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Olf checked, you are required to enroll the child(ren) Olf checked, you are 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 Form EN-028 WorkerlD $1ATT Service Type M OMB NO.: 09]0-0154 C7 ?+ O -n ?, Vill 7 t47 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 02/03/06 Case Number (See Addendum for case summary) EmployerM/ithholder's Federal FIN Number METROPOLITAN CARDIOLOGY CONSUL 4040 COON RAPIDS BLVD NW MINNEAPOLIS MN 55433-2522 380107523 04-1932 CIVIL OpriginalOrder/Notice O Amended Order/Notice 472106251 O Terminate Order/Notice 239 S 2004 RE:DIORIO, RONALD M. Employee/Obligor's Name (Last, First, MI) 183-60-2328 Employee/Obligor's Social Security Number 1004101303 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) 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 law, 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, 510 . 11 per month in current support $ o. oo per month in past-due support Arrears 12 weeks or greater? Q yes ® no $ o . 00 per month in current and past-due medical support $ o . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 1, 510.11 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: $ 348. 49 per weekly pay period. $ 696.97 per biweekly pay period (every two weeks). $ 755 06 per semimonthly pay period (twice a month). $ 1.510. ii 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 i needed (See #9 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 RY MAft_ Date of Order: FEB 0 6 2906 DRO: R.J. Shadday Service Type M BY THE OURT: l ^ {\y?J Edgar B. Bayley, t Jg Form EN-028 0MBN,0970-0154 WorkerlD $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecked you are required to provide a copy of this form to your employee. If your employee works in a state that is di4erent from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax 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. PaYOatefrtate-otwithhatdingi -the data from-the-employee's-wager. You must comply with the 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/obligor and 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's/obligor'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. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 4117871410 EMPLOYEE'S/OBLIGOR'S NAME: DIORIO. RONALD M. EMPLOYEE'S CASE IDENTIFIER: 1004101303 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be 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, contact the person or authority below. 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 State 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. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. 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. 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 state order, you may not withhold more than 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 ] . Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: DIORIO, RONALD M. PACSES Case Number 380107523 Plaintiff Name JACQUELYN L. DIORIO Docket Attachment Amount 04-1932 CIVIL$ 139.00 Child(ren)'s Name(s): DOB PACSES Case Number 472106251 Plaintiff Name JACQUELYN L. DIORIO Docket Attachment Amount 00239 S 2004 $ 1,371.11 Child(ren)'s Name(s): DOB NOAH J. DIORIO 07./02/98 JACOB M '. DIORIQ08/011/94 ?lf 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(rern'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 $ 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 $ 0.00 Child(rer0'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. PACKS 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) ? If checked, you are 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 Form EN-028 Service Type M Worker ID $IATT OMB Na: 0910-0154 ? , ?='> a ,?.> -„ ?" ,,; -r, --, ?; ? - ?-? ? 4? ..,,. '?? ? =? ; . : - ,,??; n.> ?? -C ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND Date of Order/Notice 02/06/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal FIN Number DFAS CLEVELAND CENTERS C/O DFAS CODE L OPS 183-60-2328 Employee/Obligor's Social Security Number 1004101303 Employee/Obligor's Case Identifier (See Addendum for plaintiff names PO BOX 998002 associated with cases on attachment) CLEVELAND OH 44199-8002 Custodial Parent's Name (Last, First, Mb 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 law, 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. $ o .00 per month in current support $ o.00 per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ o. 00 per month in current and past-due medical support $ o . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 0. 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: $ o. oo per weekly pay period. $ 0 . oo per biweekly pay period (every two weeks). $ o. oo per semimonthly pay period (twice a month). $ o. oo 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 #9 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. Date of Order: FEE 0 <" L i:O DRO. R.J. Shadday 380107523 0 Original Order/Notice 04-1932 CIVIL Q Amended Order/Notice 472106251 XQ Terminate Order/Notice 239 S 2004 RE: DIORIO, RONALD M. Employee/Obligor's Name (Last, First, MI) Service Type M OMeNo.:0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If heck you are required to provide a copy of this form to your employee. If yo r employee works in a state that is di erent from the state that issued this order, a copy must be provi ded to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax 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.* paydatefd You must comply with the 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/obligor and 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's/obligor'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. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2491016300 EMPLOYEE'S/OBLIGOR'S NAME: DIORIO RONALD M. EMPLOYEE'S CASE IDENTIFIER: 1004101303 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be 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, contact the person or authority below. 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 State 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. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. 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. 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 state order, you may not withhold more than 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: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No. 097"154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: DIORIO, RONALD M. PACSES Case Number 380107523 Plaintiff Name JACQUELYN L. DIORIO Docket Attachment Amount 04-1932 CIVIL$ 0.00 Child(ren's Name(s): DOB PACSES Case Number 472106251 Plaintiff Name JACQUELYN L. DIORIO Docket Attachment Amount 00239 S 2004 $ 0.00 Child(ren)'s Name(s): DOB NOAH J. DIORIO 0,702/98 JACOB M.'. DIORIO ! 08/01/94 ? 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. ? 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. ® 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. ? 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 $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you are 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 Form EN-028 Service Type M Worker ID $IATT OMB No, 0970-0154 t.: cry M4 1 S4__ -Yt 4 ? 1'ft C5 1 _a f_J O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA &V12 0/q. /D Or l () Plaintiff Vs : FileNo.()/-/CCIV) /('fpvl IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce datedj(2_L? hereby elects to resume the prior surname of LK]S/-in y , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date: / i ignature Si e of name being resumed COMMONWE TH OF PENNSYLVANIA ) COUNTY OFJ? On the D `)/ day of _ 200 , before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. ?1 l SEAL Prothonotary or otary P lic WTARYR" OMB ?MBr11Np ow n M?OO MIIIdw SAWNy1,2010 1 rt itt t -tl , c? ?• it r_,7 N +k_V I W ?. 1Y' W ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 02/08/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number 380107523 O Original Order/Notice 04-1932 CIVIL Q Amended Order/Notice O Terminate Order/Notice RE: DIORIO, RONALD M. Employee/Obligor's Name (Last, First, MI) METROPOLITAN CARDIOLOGY CONSUL 4040 COON RAPIDS BLVD NIN MINNEAPOLIS MN 55433-2522 472106251 183-60-2328 239 S 2004 Employee/Obligor's Social Security Number 1004101303 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) 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 law, 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, 661. 00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current and past-due medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 1, 661.00 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: $ 383 .31 per weekly pay period. $ 766.62 per biweekly pay period (every two weeks). $ 830.50 per semimonthly pay period (twice a month). $ 1.661.00 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 #9 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. Date of Order: FEB 0 9 2006 DRO: R.J. Shadday Service Type M BY T COURT,, ? +^ \ - .17777 S't Edgar B. Bayley, Judge OMB No.: 0970-01,4 Form EN-028 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If4hecked you are required to provide a copy of this form to youremployee. If your employee works in a state that is di erent from the state that issued this order, a copy must be provi edd to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax 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. pay d a teM ate of mith I, olding is I'm date on which a mount was Id hon, the employee`s wages.. You must comply with the 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/obligor and 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's/obligor'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. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 4117871110 EMPLOYEE'S/OBLIGOR'S NAME: DIORIO, RONALD M. EMPLOYEE'S CASE IDENTIFIER: 1004101303 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be 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, contact the person or authority below. 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 State 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. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. 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. 9.* Withholding Limits: You may not withhold more than the lesser of:]) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 U.S.C. §1673 01; 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 state order, you may not withhold more than 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: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Service Type M OMB No.: 0970-0154 Worker I D $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: DIORIO, RONALD M. PACSES Case Number 380107523 Plaintiff Name JACQUELYN L. DIORIO Docket Attachment Amount 04-1932 CIVIL$ 366.00 Child(ren)'s Name(s): DOB PACSES Case Number 472106251 Plaintiff Name JACQUELYN L. DIORIO Docket Attachment Amount 00239 S 2004 $ 1,295.00 Child(ren)'s Name(s): DOB NOAH J. DIORIO 07/02/98 TACOS M. DIORIO 08/01/94 ? 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. PACKS 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. ? 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 $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(rem identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) ? If checked, you are 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 Form EN-028 Service Type M Worker ID $IATT OMB No, 0970-0156 -l CD ['J ; :U of . f RONALD M. DIORIO, Plaintiff JACQUELYN L. DIORIO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1932 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE STIPULATION AND NOW, this day of February, 2006, by and between Melissa P. Greevy, Esquire, counsel for the Plaintiff, Ronald M. Diorio, and John J. Connelly, Jr., Esquire, counsel for Defendant, Jacquelyn L. Diorio, hereby stipulate and agree to a change in the existing alimony order. Based on the calculations as reached by the hearing officer at the Cumberland County Domestic Relations Office, the alimony payments to the Defendant shall increase to $366.00 per month effective February 1, 2006. Further modifications of alimony shall be as specifically set forth in the parties' Property Settlement Agreement dated June 30, 2005. Melissa P. Greevy, Esquire Counsel for Plaintiff Jo J. Co lly, Jr., Esquw Co sel for fendw :269624 (? hl T ' i "o - CD n L' RECEIVED MAR 2 0 Z00b BY RONALD M. DIORIO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1932 CIVIL TERM JACQUELYN L. DIORIO, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER AND NOW, this Z?- day of 2006, based on a stipulation executed by counsel for the parties, the following Order is entered: Effective February 1, 2006, alimony payments pursuant to the parties' Property Settlement Agreement of June 30, 2005 and their Divorce Decree of July 12, 2005 is increased to $366.00 per month. Further modifications of alimony shall be as specifically set forth in the parties Property Settlement Agreement dated June 30, 2005. Distribution: issa Peel Greevy, Esquire P. O. Box 109 Lemoyne, PA 17043 /9 /hn J. Connelly, Jr., Esquire P. O. Box 650 Hershey, PA 17033 A,01-?A M. biORi0 J ??,A r ? Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I . D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 RONALD M. DIORIO, Plaintiff V. JACQUELYN L. DIORIO, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1932 CIVIL ACTION - LAW IN DIVORCE MOTION FOR ENTRY OF A CUSTODY ORDER UPON STIPULATION OF THE PARTIES AND NOW, comes Ronald M. Diorio, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and moves your Honorable Court to enter an Order for the entry of a Custody Stipulation entered between Plaintiff and Defendant, a copy of which is attached hereto and marked as Exhibit "A". JOHN,040N, DUFFIJE, STEWART & WEIDNER Date: May 10, 2006 / V61issa Peel Greevy Attorney I.D. No. 77950 .301 Market Street Post Office Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorney for Plaintiff :275052 EXHIBIT A JAMES SMITH Dm rmicK & CONNELLY LLP John J. Connelly, Jr. iic(a)jsdc.com FAX 717.533.7771 May 8, 2006 RECEIVED P.O. BOX 650 HERSHEY, PA 17033 Melissa P. Greevy, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Re: Diorio v. Diorio Dear Melissa: Courier Address: 134 SIPE AVENUE MN 0 9 2006 HUMMELSTOWN, PA 17036 L o JOHNSON, DUFFt' TEL. 717.533.3280 STEWART AND V. 4.1 "N' WWW.JSDC.COM Enclosed you will find the Custody Stipulation executed by me and my client. Please forward a Court Order upon completion. GARY L. JAMES MAX J. SMITH, JR. JOHN J. CONNELLY, JR. SCOTT A. DIETTERICK Should you have any questions please advise JAMES F. SPADE , . MATTHEW CHABAL, III GREGORY K. RICHARDS Ver trul ours SUSAN M. KADEL y y , JARAD W. HANDELMAN DONNA M. MULLIN EDWARD P. SEEBER NEIL W. YAHN -- COURTNEY L. KISHEL KIMBERLY A. DEWITT J hn Connelly Jr . , . OF COUNSEL: JJC/mbl BERNARD A. RYAN, JR. Enclosure HERSHEY, PA cc: Jacquelyn L. Diorio COPY TO: I CLIENT ? WO/ENCL ? W/ENCL Sent 5-10-a By. C JOHNSON, DUFFLE, STEWART & WEIDNER Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mpg@jdsw.com RONALD M. DIORIO, Plaintiff V. JACQUELYN L. DIORIO, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 04-1932 CIVIL ACTION - LAW IN DIVORCE CUSTODY STIPULATION This Agreement, made this day of , 2006, between Ronald M. Diorio., hereinafter called "Father" and Jacquelyn L. Diodo, hereinafter called "Mother" WITNESSETH: WHEREAS, the parties hereto, are the parents of two children, Jacob M.Diorio bom August 1, 1994; and Noah J. Diodo born July 2,1998; and WHEREAS, the parties agree that it is in the best interest of the children that they, as parents, make decisions regarding the parenting plan for their children; and WHEREAS, Father has returned from military deployment and obtained employment in Minnesota; and WHEREAS, the parties wish to modify the parenting plan which they wish to confirm and have entered as an Omer of Court; NOW THEREFORE, Mother and Father, each intending to be legally bound hereby, covenant and agree as follows: 1. The above stated background is incorporated herein by reference and made a part of this Stipulation. 2. Legal Custod.,y. The parents, Ronald M. Diorio and Jacquelyn L. Diorio, shall have shared legal custody of the minor children, Jacob M. Diodo born August 1, 1994; and Noah J. Diorio born July 2,1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the children's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. 3. Physical Custody. Mother and Father agree that Mother shall have primary physical custody and that Father shall have custody as follows: A. March 31, 2006 through April 3, 2006 for Easter Break B. Four consecutive weeks each summer. For 2006, the dates with Father shall be from July 3, 2006 through July 31, 2006. In subsequent years, Father shall notify Mother of his chosen dates by March 1 of each year. C. Each year, from Wednesday before Thanksgiving until Monday after Thanksgiving. D. Upon one month's notice, 3 or 4 day weekends, when Father is in Pennsylvania. E. Other times by the parties' mutual agreement. 4. Not less than twice per summer, the boys shall have a three day weekends with the paternal grandparents. Mother shall be notified of the selected dates by May 1 of each year. 5. Transportation: Father shall provide the transportation costs for the boys' travel to Minnesota via direct or nonstop flights, which may originate from Harrisburg, Pennsylvania, BWI, or Philadelphia. Mother shall be responsible for transporting the children to and from the airport. Father shall be responsible for payment of airline chaperone fees, for so long as the children need a chaperone, and shall provide Mother with the gate pass to escort the children to the gate and greet the children upon arrival at the gate. 6. The parties agree that they may make adjustments and vary the schedule by their mutual agreement. However, in the event they do not agree, the terms of the agreement shall control. 7. The parties agree and intend that this Agreement be entered into an Order of Court based on their mutual consent. ?&8E C6,WAQ-,,? P. Greevy, Esquire Ronald M. Diodo J :270638 ,d Jr., Esq i J u L Di rio Date /'-/? 0Cp Date CERTIFICATE OF SERVICE AND NOW, this /o-) day of May, 2006, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: John J. Connelly, Jr., Esquire P. O. Box 650 Hershey, PA 17033 JOHNSON, DUFP", TEWART & WEIDNER By: -AWJ--f 1Q. jlZA---' Melissa Peel Greevy ?v -71 . -' 7 .„? ? -Ab : : ?? ` "'4 r„? RONALD M. DIORIO, , T1,t- RE .D MAY X '7 X006 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-1932 CIVIL TERM JACQUELYN L. DIORIO, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this 1 day of V V 1th" , 2006, upon agreement of the parties, the attached Custody Stipulation is hereby incorporated as an Order of BY J. DIST: All lissa Peel Greevy, Esquire, Johnson Duffle, 301 Market Street, Lemoyne, PA 17043 hn J. Connelly, Jr., Esquire, James, Smith, Dietterick 8 Connelly, P.O. Box 650, Hershey, PA 17033 AC-'10?0 C 4,_ y {y 1 O a l? p z ?":Kl uiI;?51 y+ ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT ? 3q S _0D4 State Commonwealth of Pennsylvania F, D) -7 5? 0Original Order/Notice CO./City/Dist. of CUMBERLAND n' O Amended Order/Notice Date of Order/Notice 11/15/06 C)l i -- 0 Terminate Order/Notice Case Number (See Addendum for case summary) RE:DIORIO, RONALD M. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 183-60-2328 Employee/Obligor's Social Security Number METROPOLITAN CARDIOLOGY CONSUL 1004101303 4040 COON RAPIDS BLVD NW Employee/Obligor's Case Identifier MINNEAPOLIS MN 55433-2522 (See Addendum for plaintiff names associated with cases on attachment) 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 law, 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, 651. oo per month in current support $ o . 00 per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current and past-due medical support $ o . 0 o per month for genetic test costs $ per month in other (specify) for a total of $ 1, 651.00 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: $ 381.00 per weekly pay period. $ 762. oo per biweekly pay period (every two weeks). $ 825.50 per semimonthly pay period (twice a month). $ 1, 651. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten 00) 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 #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA 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 Emp/ogee/0b/igor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: NO' 1 5 2006 Service Type M Am EN-028 Rev. 1 OMB Na: 0970-01 54 Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If gheckefl you are required to provide a copy of this form to your em loyee. If yorr employee vyorks in a state that is di Brent rrom the state that issued this order, a copy must be providedpto your emp oyee even if the box is not checked. 1. Priority: Withholding under this Omer/Notice has priority over any other legal process under State law against the same income. Federal tax 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.* Reporting the Paydateffiate of Wet' il iolding. You must report the paydate/date of withholding w ien sending the payment. Tile paydate/date of withholding is the date on w iich amount was withheld frorn the employee's wages. You must comply with the 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/obligor and 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's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) S. 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. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 4117871410 EMPLOYEE'S/OBLIGOR'S NAME: DIORIO, RONALD M. EMPLOYEE'S CASE IDENTIFIER: 1004101303 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be 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, contact the person or authority below. 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 employeelobligor's income and other penalties set by Pennsylvania State 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 discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. 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. 9. * Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 U.S.C. §1673 01; 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 state order, you may not withhold more than 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. 11. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: DIORIO, RONALD M. PACSES Case Number 380107523 Plaintiff Name JACQUELYN LASHAY Docket Attachment Amount 04-1932 CIVIL$ 366.00 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. PACKS 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 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. Service Type M PACSES Case Number 472106251 Plaintiff Name JACQUELYN LASHAY Docket Attachment Amount 00239 S 2004 $ 1,285.00 Child(ren)'s Name(s): DOB NOAH J. DIORIO 07/02/98 JACOB M. DIORIO 08/01/9.9. ? 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 $ 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 $ 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. Addendum OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT h3 71 ?C- :.1 John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant/Petitioner RONALD M. DIORIO, Plaintiff'Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JACQUELYN L. DIORIO, n/k/a JACQUELYN LASHAY, Defendant/Petitioner : NO. 04-1932 CIVIL TERM CIVIL ACTION - LAW : IN DIVORCE PETITION TO MODIFY EXISTING CUSTODY ORDER AND COMES NOW, Petitioner, Jacquelyn Lashay, by and through her attorney, John J. Connelly, Jr., and the law firm of James, Smith, Dietterick & Connelly, LLP, and files the following Petition to Modify Existing Custody Order and in support thereof, respectfully represents as follows: 1. The Petitioner is Jacquelyn Lashay, Defendant in the above-captioned action, who currently resides at 1494 Letchworth Road, Camp Hill, Pennsylvania 17011. 2. The Respondent is Ronald M. Diorio, Plaintiff in the above-captioned action, who currently resides at 10961 Fergus Street N.E., Unit D, Blaine, Minnesota 55449. 3. The parties are the parents of two minor children, namely, Jacob M. Diorio, born August 1, 1994; and Noah J. Diorio, born July 2, 1998. 4. A Custody Order was entered in this matter on May 17, 2006, a copy of which is attached hereto and marked as Exhibit "A". 5. Pursuant to paragraph 3(B) of the said Custody Order, the Respondent has four (4) consecutive weeks each summer with the children. 6. The circumstances have changed which warrant a change in the summer custody schedule. 7. The parties' son Jacob M. Diorio suffers from a diagnosed speech disorder and is scheduled to be taken by the Petitioner to The Hollins Institute in Roanoke, Virginia for a period of two weeks in June for intense speech therapy. 8. The program consists of 12 days from 8:00 a.m. to 5:00 p.m. of speech therapy each day helping Jacob to learn strategies to control his speech. Because Jacob's speech problems have gotten worse and he is entering his teenage years, it is imperative that the training take place at this time, which limits his ability to become involved in other activities. 9. Because of the summer activities scheduled for both children and because of the speech therapy program for Jacob, the children have expressed to the Petitioner that they do not want to visit with the Respondent for more than two weeks this summer. The children will miss significant sporting and social activities during the months of June and July. 10. In addition to the children's preference, the Petitioner believes that Jacob has issues with the Respondent which are reflected in the social problems he is experiencing. He is seeing a psychologist and has suffered from anxiety attacks. In February of 2008 the Petitioner was called to the school and Jacob was taken to the emergency room. 11. Because of the children's expressed preference, the speech therapy and summer sporting activities as well as summer camp, the children have expressed a strong preference in only visiting for two weeks. 12. Petitioner has offered the Respondent the option of coming to Central Pennsylvania to spend time with the children in addition to two weeks spent with the Respondent in Minnesota however he has rejected that suggestion. 13. During Respondent's periods of custody in the summer months he continues his work on a regular basis. 14. The age of the children and their needs dictate a change in the schedule. WHEREFORE, your Petitioner, Jacquelyn Lashay, requests that this Honorable Court reduce the period the children are to visit with the Respondent in Minnesota to two weeks each summer with additional visits for the Respondent as he is available during the summer months in the Central Pennsylvania area. Date: 4- t -v 4 Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY By: Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 VERIFICATION I, JACQUELYN LASHAY, verify that the statements made in this Pleading 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 unswom falsification to authorities. Date: q'15-0? I ? J?CQ LYN LASHAY, Petition EXHIBIT "A" MAY 1 7 2006 RONALD M. DIORIO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JACQUELYN L. DIORIO, Defendant NO. 04-1932 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this day of Aml , 2006, upon agreement of the parties, the attached Custody Stipulation is hereby inco rated as an Order of Court. BY THE COURT: DIST: Melissa Peel Greevy, Esquire, Johnson Duffie, 301 Market Street, Lemoyne, PA 17043 John J. Connelly, Jr., Esquire, James, Smith, Dietterick & Connelly, P.O. Box 650, Hershey, PA 17033 T RU]. In Testimony Tr ?n?l .sai o' sai?y ? , RIECORD, u,mto set my hand Basle, P, notary Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 RONALD M. DIORIO, Plaintiff V. JACQUELYN L. DIORIO, Defendant Attorneys for Plaintiff n ^? C:D r,-; =' - IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1932 CIVIL ACTION - LAW IN DIVORCE MOTION FOR ENTRY OF A CUSTODY ORDER UPON STIPULATION OF THE PARTIES AND NOW, comes Ronald M. Diorio, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and moves your Honorable Court to enter an Order for the entry of a Custody Stipulation entered between Plaintiff and Defendant, a copy of which is attached hereto and marked as Exhibit "A". Respectfu JOHNTN, DUFF[ , STEWART & WEIDNER Date: May 10, 2006 By elissa Peel Greevy Attorney I.D. No. 77950 .301 Market Street Post Office Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorney for Plaintiff :275052 EXHIBIT A lkm s Sm ni DmTrEmcK & CoNNELLY LLP John J. Connelly, Jr. iic(a)jsdc.com FAX 717.533.7771 P.O. BOX 650 May 8, 2006 HERSHEY, PA 17033 RECEIVED Courier Address: 134 SIPE AVENUE MN ?y/ O 9 200v 6 HUMMELSTOWN, PA 17036 Melissa P. Gree Esquire ?? Johnson Duffe Stewart & Weidner JOHNSON, L1LE, ?? TEL. 717.533.3280 , , 301 Market Street STEWART A1?0,1wg3; WWW•JSDC.COM P.O. Box 109 Lemoyne, PA 17043-0109 Re: Diorio v. Diorio Dear Melissa: Enclosed you will find the Custody Stipulation executed by me and my client. Please forward a Court Order upon completion GARY L. JAMES . MAX J. SMITH, JR. JOHN J. CONNELLY, JR. Should you have any questions, please advise. SCOTT A. DIETTERICK JAMES F. SPADE MATTHEW CHABAL, III GREGORY K. RICHARDS truly ours 1 ' SUSAN M. KADEL JARAD W. HANDELMAN DONNA M. MULLIN EDWARD P. SEEBER NEIL W. YAHN .. j COURTNEY L. KISHEL KIMBERLY A. DEWITT Jhn . Connelly, Jr. JJC/mbl OF COUNSEL: BERNARD A. RYAN, JR. Enclosure HERSHEY, PA cc: Jacquelyn L. Diorio C OPY TO: T CLIENT ? WO/ENCL ? W/ENCL Sent 5-lm w JOHNSON, DUFFIE, STEWART & WEIDNER Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 7614540 mpg@jdsw.com RONALD M. DIORIO, Plaintiff V. : JACQUELYN L. DIORIO, Defendant NO. 04-1932 CIVIL ACTION - LAW IN DIVORCE CUSTODY STIPULATION This Agreement, made this day of , 2006, between Ronald M. Diorio., hereinafter called "Father" and Jacquelyn L. Diodo, hereinafter called "Mother" WITNESSETH: WHEREAS, the parties hereto, are the parents of two children, Jacob M. Diorio bom August 1, 1994; and Noah J. Diorio born July 2,1998; and WHEREAS, the parties agree that it is in the best interest of the children that they, as Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. parents, make decisions regarding the parenting plan for their children; and WHEREAS, Father has returned from military deployment and obtained employment in Minnesota; and WHEREAS, the parties wish to modify the parenting plan which they wish to confirm and have entered as an Order of Court ; NOW THEREFORE, Mother and Father, each intending to be legally bound hereby, covenant and agree as follows: 1. The above stated background is incorporated herein by reference and made a part of this Stipulation. 2. Legal Custody. The parents, Ronald M. Diorio and Jacquelyn L. Diorio, shall have shared legal custody of the minor children, Jacob M. Diorio bom August 1, 1994; and Noah J. Diorio born July 2,1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the children's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. 3. Physical Custody. Mother and Father agree that Mother shall have primary physical custody and that Father shall have custody as follows: A. March 31, 2006 through April 3, 2006 for Easter Break B. Four consecutive weeks each summer. For 2006, the dates with Father shall be from July 3, 2006 through July 31, 2006. In subsequent years, Father shall notify Mother of his chosen dates by March 1 of each year. C. Each year, from Wednesday before Thanksgiving until Monday after Thanksgiving. D. Upon one month's notice, 3 or 4 day weekends, when Father is in Pennsylvania. E. Other times by the parties' mutual agreement. 4. Not less than twice per summer, the boys shall have a three day weekends with the paternal grandparents. Mother shall be notified of the selected dates by May 1 of each year. 5. Transportation: Father shall provide the transportation costs for the boys' travel to Minnesota via direct or nonstop flights, which may originate from Harrisburg, Pennsylvania, BWI, or Philadelphia. Mother shall be responsible for transporting the children to and from the airport. Father shall be responsible for payment of airline chaperone fees, for so long as the children need a chaperone, and shall provide Mother with the gate pass to escort the children to the gate and greet the children upon arrival at the gate. 6. The parties agree that they may make adjustments and vary the schedule by their mutual agreement. However, in the event they do not agree, the terms of the agreement shall control. 7. The parties agree and intend that this Agreement be entered into an Order of Court based on their mutual consent. :270638 Av?? Ronald M. Diorio fquoh L. Di rio I-? AAZ 200C Date Date . CERTIFICATE OF SERVICE AND NOW, this / oU day of May, 2006, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: John J. Connelly, Jr., Esquire P. O. Box 650 Hershey, PA 17033 JOHNSON, DUFFT7,TEWART & WEIDNER By: k 4-'9 c ,11?iA-) Melissa Peel Greevy RONALD M. DIORIO, Plaintiff/Respondent V. JACQUELYN L. DIORIO, n/k/a JACQUELYN LASHAY, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-1932 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly LLP, attorney for the Petitioner, Jacquelyn Lashay, hereby certify that I have served a copy of the foregoing Petition to Modify Existing Custody Order on the following on the date and in the manner indicated below: VIA U.S. MAIL, FIRST CLASS, PRE-PAID Melissa P. Greevy, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Respectfully submitted, Date: (S -0b JAMES, SMITH, DIETTERICK & CONNELLY By: -- o . Co elly, Jr., jEsqre Xit'61way-fWPetitione Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 t' ?? ?: -Ef+' ?' ? -s-? %° ,> ? 3 3 O -? ? w '; ?.. _.? ?^ .. RONALD M. DIORIO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2004-1932 CIVIL ACTION LAW JACQUELYN L. DIORIO N/K/A JACQUELYN LASHAY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, April 18, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 21, 2008 at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /sl Dawn S. Sunday, Esq. T Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 pit) 4ry ?? RONALD M. DIORIO Plaintiff VS. JACQUELYN L. DIORIO N/K/A JACQUELYN LASHAY Defendant JUN 3 0 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2004-1932 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 70 day of JO-AJ2- , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1, The prior Order of this Court dated May 17, 2006 shall continue in effect. 2. The Mother's Petition for Modification seeking adjustments to the summer custody schedule is dismissed. VX. cc: .elissa P. Greevy, Esquire - Counsel for Father John J. Connelly, Jr., Esquire - Counsel for Mother rn t LL 7/W/08 "Ivl A ci; w r 5: -cc LU -j (D N RONALD M. DIORIO Plaintiff vs. JACQUELYN L. DIORIO N/K/A JACQUELYN LASHAY Defendant Prior Judge: Edgar B. Bayley CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME Jacob M. Diorio Noah J. Diorio DATE OF BIRTH August 1, 1994 July 7, 1998 CURRENTLY IN CUSTODY OF Mother Mother 2. A custody conciliation conference was held on May 14, 2008, with the following individuals in attendance: the Father, Ronald M. Diorio, with his counsel, Melissa P. Greevy, Esquire, and the Mother, Jacquelyn L. Lashay, formerly Diorio, with her counsel, John J. Connelly, Jr. 3. The Mother filed this Petition for Modification seeking to modify the summer vacation custody schedule for the Father. Under the current Order dated May 17, 2006, the Father has custody of the Children each summer for four (4) consecutive weeks which are to be selected by the Father by March 1 of each year. The parties discussed various options for resolution at the conference and it was agreed that the parties, with their attorneys' assistance would contact Kasey Shienvold to explore the possibility of obtaining his guidance as to recommendations reflecting the needs and interests of the Children. Subsequently, four telephone conferences (June 4, June 5, June 17 and June 26, 2008) with John Connelly and Melissa Greevy were held at counsels' request to attempt to resolve the outstanding issues prior to the Father's scheduled time with the Children this summer. The parties did obtain input and guidance from Kasey Shienvold and generated possible resolutions as a result. At the time of the June 17 conference, it was agreed that the parties would continue under the existing Order for the summer of 2008 but that the parties would continue working to resolve the issue for the upcoming IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2004-1932 summers to prevent continued filings and disruptions to the schedule on an ongoing basis. Prior to the final telephone conference on June 26, it was determined that the Father had been called to active duty in the military beginning September 26, 2008 for a period of approximately one year. It was agreed at that time that the existing Order would remain in effect and the Mother's Petition for Modification would be dismissed by agreement. 4. The conciliator submits an Order in the form as attached reflecting the parties' agreement at this time. It is anticipated that following the Father's period of military duty, further review of the summer custody schedule may be requested. The Mother's primary concern is that the Children be able to participate in sports in Pennsylvania without interruption, particularly anticipating that Jacob may be playing on the Trinity High School basketball team which may require summer league play. The Father's main concern is to preserve his extended period of custody with the Children in the summer of at least four (4) weeks and to prevent continued renegotiation of the summer schedule each year. Date Dawn S. Sunday, Esquire Custody Conciliator ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 04-1932 CIVIL State Commonwealth of Pennsylvania 472106251 OOriginal Order/Notice Co./City/Dist. of CUMBERLAND 239 S 2004 OAmended Order/Notice Date of Order/Notice 09/18/08 OTerminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE: DIORIO, RONALD M. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) DFAS CLEVELAND CENTER* C/O DFAS-HGA/CL GARNISHMENT OPS PO BOX 998002 183-60-2328 Employee/Obligor's Social Security Number 1004101303 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) CLEVELAND OH 44199-8002 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 law, 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. $ 1,285.00 $ $ 0.00 0.00 $ 0.00 $ 366.00 $ 1.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) Arrears 12 weeks or greater? (g) yes O no one-time lump sum payment for a total of $ 1,652.00 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: $ 380. 19 per weekly pay period. $ 826.00 per semimonthly pay period (twice a month) $ 760.37 per biweekly pay period (every two weeks) $ 1, 652.00 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 #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: DRO: R. J. SHADDAY Service Type M OMB No.: 0970-0154 M. L. EBERT, JR., JUDGE orm EN-028 Rev. 4 Worker I D $ IATT M ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS E] If ?hecked you are required to provide asopy of this form to yourguloyee. If your employee v?orks in a state thatkis di erent from the state that issued this or er, a copy must be prove eeccii to your emp oyee even if t e box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax 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.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the 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 employeelobligor and 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's/obligor'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. 2491016300 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : C] THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:DIORIO, RONALD M. EMPLOYEE'S CASE IDENTIFIER: 1004101303 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be 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, contact the person or authority below. 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 State 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 discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. 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. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. 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 than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 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. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 CARLISLE PA 17013 by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT M tom' ADDENDUM Summarv of Cases on Attachment Defendant/Obligor: DIORIO, RONALD M. PACSES Case Number 380107523 PACKS Case Number 472106251 Plaintiff Name Plaintiff Name JACQUELYN LASHAY JACQUELYN LASHAY Docket Attachment Amount Docket Attachment Amount 04-1932 CIVIL$ 367.00 00239 S 2004 $ 1,285.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB NOAH J. DIORIO 07/02/98 JACOB M. bIORIO 08/4.1/9.4 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): Service Type M DOB Addendum OMB No.: 0970-0154 PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev. 4 Worker ID $ IATT ? C.-g n 'D C) f Cag ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 04-1932 CIVIL State Commonwealth of Pennsylvania 472106251 OOriginal Order/Notice 239 S 2004 Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 09/19/08 (D Terminate Order/Notice Case Number (See Addendum for case summary) (Done-Time Lump Sum/Notice RE:DIORIO, RONALD M. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 183-60-2328 Employee/Obligor's Social Security Number METROPOLITAN CARDIOLOGY CONSUL 1004101303 4040 COON RAPIDS BLVD NW Employee/Obligor's Case Identifier MINNEAPOLIS MN 55433-2522 (See Addendum for plaintiff names associated with cases on attachment) 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 law, 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. $ o. oo per month in current child support $ 0.00 per month in past-due child support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current medical support $ o . o o per month in past-due medical support $ 0.00 per month in current spousal support $ o . oo per month in past-due spousal support $ o . oo per month for genetic test costs $ 0.00 per month in other (specify) $ one-time lump sum payment for a total of $ o. oo 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: $ 0.00 per weekly pay period. $ o. oo per semimonthly pay period (twice a month) $ 0.00 per biweekly pay period (every two weeks) $ 0.00 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 #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: M. L. EBERT, JR., U JUDGE DRO: R.J. SHADDAY Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS El If heck you are required to pr vide a opy of this form to your m loyee. If yo r employee orks in a state that is diferent from the state that issued this order, a copy must be provi3edpto your employee even if tie box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax 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.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the 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/obligor and 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's/obligor'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. 4117871410 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEEIOBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:DIORIO, RONALD M. EMPLOYEE'S CASE IDENTIFIER: 1004101303 DATE OF SEPARATION LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be 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, contact the person or authority below. 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 State 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 discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. 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. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. 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 than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 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. 11. Send Termination Notice and other correspondence to: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by Internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMBNo.:0970.0154 Worker ID $IATT - ADDENDUM Summary of Cases on Attachment Defendant/Obligor: DIORIO, RONALD M. PACSES Case Number 380107523 PACSES Case Number 472106251 Plaintiff Name Plaintiff Name JACQUELYN LASHAY JACQUELYN LASHAY Docket Attachment Amount Docket Attachment Amount 04-1932 CIVIL$ 0.00 00239 S 2004 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB NOAH J. DIORIO 07/02/98 JACOB M. nIORIO 08/01/9.4 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT Q r C= m 1 r, mr__ ' rl -TD ' r ii JJ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 12/07/09 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number METROPOLITAN CARDIOLOGY CONSUL 4040 COON RAPIDS BLVD NW MINNEAPOLIS MN 55433-2522 183-60-2328 Employee/Obligor's Social Security Number 1004101303 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) 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 law, you are required to deduct these amounts from the above-named employee'slobligor's income until further notice even if the Order/Notice is not issued by your State. $ 1,285.00 per month in current child support $ o . oo per month in past-due child support Arrears 12 weeks or greater? O yes ® no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 366.00 per month in current spousal support $ o. oo per month in past-due spousal support $ o . oo per month for genetic test costs $ 0.00 per month in other (specify) $ one-time lump sum payment for a total of $ 1, 651.00 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: $ '181 nn per weekly pay period. $ 825.50 per semimonthly pay period (twice a month) $ 762.00'., per biweekly pay period (every two weeks) $ 1, 651.00 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 #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic Payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SO?E?ITY U RDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: DRO: R.J. Shadday Service Type m 472106251 239 S 2004 04-1932 CIVIL OOriginal Order/Notice OAmended Order/Notice OTerminate Order/Notice OOne-Time Lump Sum/Notice RE:DIORIO, RONALD M. Employee/Obligor's Name (Last, First, MI) M. L. Ebert, Jr., Judge OMB No.: 0970-0154 Form EN-028 Rev.5 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If heck. f you are required to provide agopy of this form to your 3m If your employee works in a state that is di erent TTrom the state that issued this o er, a copy must be provided to your employee even if the box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax 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.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the 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 employeelobligor and 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's/obligor'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 employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 4117871410 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:DIORIO, RONALD M. EMPLOYEE'S CASE IDENTIFIER: 1004101303 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: DATE OF SEPARATION: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be 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, contact the person or authority below. 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 State 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 discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. 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. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. 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 than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 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. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or BOX 320 CARLISLE PA 17013 by FAX at (717) 240-6248 or CAR by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No,: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: DIORIO, RONALD M. PACKS Case Number 380107523 Plaintiff Name JACQUELYN LASHAY Docket Attachment Amount 04-1932 CIVIL$ 366.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M Addendum OMB No.: 0970-0154 PACSES Case Number 472106251 Plaintiff Name JACQUELYN LASHAY Docket Attachment Amount 00239 S 2004 $ 1,285.00 Child(ren)'s Name(s): DOB NOAH J. DIORIO 07/02/98 iJA00 M. DIOPIO 08/01/94 PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB .. . ........................................ Form EN-028 Rev.5 Worker ID $IATT 1rcE OF T? THM 2089 DEC -8 PM 2: 4 4 GOUNTY PENNSY! VAN A; ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 12/07/09 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number DFAS ARMY RESERVE DUTY 472106251 239 S 2004 04-1932 CIVIL OOrigi nal Order/Notice OAmended Order/Notice @Terminate Order/Notice OOne-Time Lump Sum/Notice RE: D IORIO , RONALD M. Employee/Obligor's Name (Last, First, MI) Sent Electronically DO NOT MAIL 183-60-2328 Employee/Obligor's Social Security Number 1004101303 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) 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 law, 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. $ 0.00 per month in current child support $ o . oo per month in past-due child support Arrears 12 weeks or greater? O yes ® no $ o . oo per month in current medical support $ 0.00 per month in past-due medical support $ o . oo per month in current spousal support $ o . oo per month in past-due spousal support $ 0.00 per month for genetic test costs $ o. oo per month in other (specify) $ one-time lump sum payment for a total of $ o . o o 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: $ 0.00 per weekly pay period. $ 0. oo per semimonthly pay period (twice a month). $_______L_0_0 per biweekly pay period (every two weeks). $ o . 00 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 #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: EDGAR B BAYLEY Form EN-428 Rev.1 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If heckefl you are required to provide aSopy of this form to yoursuloyee. If yoyr employee works in a state that is di erent from the state that issued this or er, a copy must be provi to your emp ogee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax 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 employeelobligor'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.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the 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/obligor and 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's/obligor'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. 3518193230 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:DIORIO, RONALD M. EMPLOYEE'S CASE IDENTIFIER: 1004101303 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be 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, contact the person or authority below. 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 State 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 discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. 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. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. 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 than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 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. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-428 Rev.1 Worker ID $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: DIORIO, RONALD M. PACKS Case Number 380107523 Plaintiff Name JACQUELYN LASHAY Docket Attachment Amount 04-1932 CIVIL$ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number 472106251 Plaintiff Name JACQUELYN LASHAY Docket Attachment Amount 00239 S 2004 $ 0.00 Child(ren)'s Name(s): DOB NOAH J. DIORIO 07/02/98 JACOB M. DIORIO 08/O:U. 4 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-428 Rev.1 Service Type M OMB No.: 0970-0154 Worker ID $IATT OF THE WWOVARY wI DEC -a PM 2= 4 4 Cl}Mbl -IILI -b ' OUNTY PENNSYLVANA f r -' Zl2 ti1? 3 i AM: UIE@dFS1 Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 RONALD M. DIORIO, V. Plaintiff JACQUELYN L. DIORIO n/k/a JACQUELYN LASHAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1932 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE JACQUELYN LASHAY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff DOMESTIC RELATIONS SECTION V. RONALD M. DIORIO, Defendant DOCKET NUMBER 04-1932 CIVIL PACSES CASE NUMBER 380107523 ORDER AND NOW, this day o 20 (2- ; upon Stipulation of the Parties filed herein, it is hereby ORDERED that: Alimony payable by Ronald M. Diorio to Jacquelyn Lashay, formerly known as Jacquelyn L. Diorio, is hereby terminated with prejudice, effective on December 11, 2011. 2. Any credits for overpayment of alimony due to Ronald M. Diorio shall be credited to his child support obligation in the Cumberland County Domestic Relations Section, Docket Number 000239 S 2204, PACSES Case Number 472106251. BY THE COURT- ?PcAOFi CPT Distribution to: Melissa Peel Greevy, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. 301 Market Street - PO Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Fax (717) 761-3015 com John Connelly, Jr., Esquire JAMES, SMITH, DIETTERICK & CONNELLY, LLP 134 Sipe Avenue Hummelstown, PA 17036 (717) 533-3280 Fax (717) 298-2053 jjc@jsdc.com OoP,e5 m led 2012 JAN 25 AM 11:42 CU PENNSYLVAN A !A Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I . D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 RONALD M. DIORIO, Plaintiff V. JACQUELYN L. DIORIO n/k/a JACQUELYN LASHAY, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1932 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Defendant * * * * * * * * * * * * * * * * * * JACQUELYN LASHAY, Plaintiff V. RONALD M. DIORIO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION DOCKET NUMBER 04-1932 CIVIL PACSES CASE NUMBER 380107523 Defendant STIPULATION OF THE PARTIES FOR TERMINATION OF ALIMONY 1. The above parties were divorced by Decree entered on July 12, 2005 in this matter. 2. The Marital Settlement Agreement between the parties dated June 30, 2005 was incorporated, but not merged, into the Decree in Divorce. 3. Pursuant to paragraph 13 of the said Marital Settlement Agreement, Ronald M. Diorio has been paying alimony to Jacquelyn L. Diorio n/k/a Jacquelyn Lashay in the amount of $366.00 per month. 4. Pursuant to paragraph 13 (1), the alimony term is to terminate upon Ms. Lashay's remarriage or cohabitation. 5. The parties hereby stipulate and agree that Ms. Lashay commenced continuous cohabitation with her boyfriend on December 11, 2011. 6. It is further stipulated and agreed that the alimony term shall terminate, effective December 11, 2011, with prejudice, and Ronald M. Diorio will thereafter have no further obligation for payment of alimony to Jacquelyn Lashay. 7 The parties also agree that any credit to which Mr. Diorio is entitled by reason of overpayment of alimony shall be credited to his obligation of payment for child support, pursuant to the Order of Court entered to Docket Number 00239 S 2004, PACSES Case Number 472106251. JAMES, SMITH, DI Date:3 2 - By: Mnonfiell , Jr., Esquin 615 134 Sipe AVerrGe Hummelstown, PA 17036 (717) 533-3280 NELLY, LLP 2 IE, STEWART & WEIDNER Date: :473435 Melissa P. Greevy, Esquire I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 By: 3