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HomeMy WebLinkAbout10-2882V FILE 131- TI-17, NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF 2010 APR 29 IN 2: 35 a v u. KATHRYN A. INGLE-ROSARIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD A. ROSARIO, Defendant : CIVIL ACTION - LAW : NO. 2010 - CIVIL TERM : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 # ;'??aoo " AV-le /Zll'?fd?l(3(a7 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF KATHRYN A. INGLE-ROSARIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD A. ROSARIO, Defendant : CIVIL ACTION - LAW NO. 2010 - CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(C) OF THE DIVORCE CODE NOW, comes the plaintiff and files this complaint in divorce against the defendant, representing as follows: The plaintiff is Kathryn A. Ingle-Rosario, an adult individual residing at 6 Mountain View Drive, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. The defendant is Richard A. Rosario, an adult individual residing at 409 East York Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. The plaintiff and defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on June 22, 2002 in Carlisle, Pennsylvania. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as this Honorable Court may deem equitable and just. I verify that the statements made in this Complaint are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 29 Apy; , 2010 Q"-, 4??HRYN A. IN, -R SARIO, Plaintiff Respectfully submitted, WOLF & WOLF ttorneys at Law 2010 BY; NAT . WOLF, ESQUIRE Su a Court ID #87380 10 est High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Attorney for Plaintiff T5 T;_ . l ? L t" i t ^ Y N; NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF 2010 APR 29 Ptf 2: 35 CU7?- r t T4 KATHRYN A. INGLE-ROSARIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD A. ROSARIO, Defendant CIVIL ACTION - LAW NO. 2010 - W-&2 -CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 2 `? 2010 kTHRYN A. INGLE-R SARIO, Plaintiff r NATHAN C. WOLF, ESQUIRE '~F' TF~~ ~~,` Y `.? ' Tj,t~y ATTORNEY ID 0.87380 ~py p OOWEST H GH TREET ~~ ~ ~ ''~`f ~ ~ U r f '~ L : ~ ~ ~ ~ D~0 CARLISLE PA 17 13 l.J"`~ (717) 241-4436 ' CUP:%1 r~i ATTORNEY FO~t PLAINTIFF ~ ~ ` lE~ j (} ~;~. KATHRYN'' A. INGLE-ROSARIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2010-2882 CIVIL PASCES No: 708111667 RICHARD ROSARIO, . Defendant : IN DIVORCE PETITION FOR ALIMONYPENDENTELITE NOW COMES the Plaintiff, Kathryn A. Ingle-Rosario, by and through her counsel, Nathan C. Wolf, Esquire, and requests and Order for Alimony Pendente Lite in her favor, averring as follows: 1. Plaintiff filed a complaint in divorce on or about Apri129, 2010. 2. The petition of Plaintiff, respectfully represents that on July $, 2010, a support conference was held for the support of Plaintiff at PACSES 708111667. 3. The petition for spousal support has been referred to the Support Master, Michael Rundle, Esquire, by the Domestic Relations Section because husband has challenged Wife's entitlement to support. 4. Petitioner submits that she is entitled to Alimony Pendente Lice because she lacks sufficient resources to maintain herself throughout the course of the proceedings. 5. A hearing on said complaint for spousal support has not yet been scheduled before the Master. 6. Petitioner requests that the instant petition for APL be consolidated with the hearing on i spousal support before the Support Master. 7. Petitioner is currently unemployed and will be without sufficient means to maintain her reasonable e~cpenses during the pendency of the litigation. 8. Petitioner requests this Court enter an Order awarding her spousal support, and/or alimony pendente lite until a final decree is issued pursuant to Sections 3702 of the Divorce Code. WHEREFORE, Plaintiff, Kathryn A. Ingle-Rosario, respectfully requests this Court enter an Order awarding her spousal support, and/or alimony pendente lite until a final hearing pursuant to Sections 3702 of the Divorce Code along with any additional relief the Court may deem appropriate and just. Respectfully WOLF & WJ Date: July ~, 2010 Nath" olf, Esquire 10 a igh Street Ca sle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Plaintiff NATHAN C. WgLF, ESQUIRE ATTORNEY ID 0.87380 WOLF & WOLF 10 WEST HIGH TREET CARLISLE PA 1 13 (717) 241-4436 ATTORNEY FOIL PLAINTIFF KATHRYIVI A. INGLE-ROSARIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. RICHARD ROSARIO, Defendant N0.2010-2882 CIVIL PASCES No: 708111667 IN DIVORCE CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, hereby certify that I have served a true and correct copy of the Petition for an Order Alimony Pendente Lite upon the following person by U.S. Mail: Richard Rosario 4 Hilltop Drive Mt. Holly Springs, PA 17065 WOLF July,2010 NA~~I=IAN! WOLF Att ~ or Plaintiff VERIFICATION I, Ka~hryn A. Ingle-Rosario, hereby swear and affirm that the facts contained in the foregoing Peption for Alimony Pendente Lite are true and correct to the best of my knowledge, information end belief and are made subject to the penalties of 18 Pa.C.S. X4904 relating to unsworn falsifications ~to authorities. S ~ V f'~ , 2010 Kathryn A. Ingle Rosario s In the Courtlof Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KATHRYN A. vs. RICHARD You, J LE-ROSARIO,) Docket Number in iff/Petitioner ) ) PACSES Case Number 2010-2882 CIVIL 708111667 O, )Other State ID Number ~ ~ -,-a ant/Respondent) -~;,. r=' ,~ ~'.-_ ~ ~ Fem. .. .:. f"'- P', ORDER OF COURT ~' _ -~ - .:. ~_ : ~-; A. Ingle-Rosario, of P.O. Box 342, Mechanicsburg, Pennsivani~ ° ~ 'K.. rdered to appear at the DOMESTIC RELATIONS hearing room, 17055-0342-42, are DOMESTIC RELAT~ONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania 17013 You are 1. a true copy of filed, 2. your pay stubs 3. the Income Sty attached to thi: 4. verification of 5. proof of medic 6. information re 7. other: the 25th of August, 2010, at 8:30 a.m. for a hearing. required to bring to the hearing: most recent Federal Income Tax Return, including W-2s, as :or the preceding six (6) months, ement and the appropriate Expense Statement, if required, order, completed as required by Rule 1910.11(c}, :hild care expenses and, .l coverage which you may have, or may have available to you, Ming to professional licenses, INGLE-ROSA~IO V. ROSARIO PACSES Case Number 708 1 1 1 667 If you fail to~ appear for the hearing or to bring the required documents, the court may issue a w~ THE APPI EITHER PAR' REGARD TO Date of Order: for your arrest andlor enter an interim Support order. PRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST BASED UPON THE EVIDENCE PRESENTED WITHOUT PARTY INITIATED THE SUPPORT ACTION. YOU HAVE ' HEARING AND GO TO OR TEL OFFICE CAN P] LAWYER. IF YOU CAI` BE ABLE TO PI THAT MAY OF REDUCED FEE L ~ ~!° RIGHT TO A LAV~YER, WHO MAY ATTEND THE RESENT YOU. IF YOU DO NOT HAVE A LAWYER, DNE THE OFFICE SET FORTH BELOW. THIS [DE YOU WITH INFORMATION ABOUT HIRING A T AFFORD TO HIRE A LAWYER, THIS OFFICE MAY IDE YOU WITH INFORMATION ABOUT AGENCIES LEGAL SERVICES TO ELIGIBLE PERSONS AT A NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (71 ?) 249-3166 CANS WITH DISABILITIES ACT OF 1990 The Court of Co mon Pleas of Cumberland County is required by law to comply with the Americans ith Disabilities Act of 1990. For information about accessible facilities and reasona le accommodations available to disabled individuals having business before the C urt, please contact our office at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must a tend the scheduled hearing. CM-514 BY THE COURT: 'i In the Court oi~ Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KATHRYN AAINGI~E^ROSARIO, vs. RICHARD ROSARI You, Richard Pennsylvania, 1 hearing room, Docket Number 2010-2882 CIVIL PACSES Case Number 708111667 ~, )Other State ID Number ~ ~ _. .ant/Respondent) L ~ ~~' _ i.__. ~ '~ r° . ,, T: c. ORDER OF COURT ~ ` ~. _ -c3 - - _: {~ G~ _~ Rosario, c/o Patricia Rosario, 4 Hilltop Road, Mount Holly~pri cgs, r.~ •1800-04, are ordered to appear at the DOMESTIC RELATIONS C RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania 17013 on the 25t" of August, 2010, at 8:30 a.m. for a hearing. You are further required to bring to the hearing: 1. a true copy o your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stu s for the preceding six (6) months, 3. the Income S atement and the appropriate Expense Statement, if required, attached tot 's order, completed as required by Rule 1910.11(c), 4. verification o child care expenses and, 5. proof of med cal coverage which you may have, or may have available to you, 6. information r lating to professional licenses, 7. other: 1 INGLE-ROSARIO V. ROSARIO If you fail to may issue a wan THE APPR( EITHER PART' REGARD TO ~ PACSES Case Number 708111667 for the hearing or to bring the required documents, the court for your arrest and/or enter an interim Support order. TE COURT OFFICER MAY ENTER AN ORDER AGAINST BASED UPON THE EVIDENCE PRESENTED WITHOUT PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: ojo~C/L/~, J esley Oler, Jr., JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AN REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TE EPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN ROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CA NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TOP OVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAYO FER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 WITH DISABILITIES ACT OF 1990 The Court of with the America facilities and rea: business before t: arrangements mL the court. You n Ammon Pleas of Cumberland County is required by law to comply with Disabilities Act of 1990. For information about accessible cable accommodations available to disabled individuals having Court, please contact our office at (717)240-6225. All be made at least 72 hours prior to any hearing or business before ;t attend the scheduled hearing. CM-514 KATHRYN A. INGLE-ROSARIO, Plaintiff V. RICHARD A. ROSARIO, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 708111667 DOCKET NO. 380 SUPPORT 2010 KATHRYN A. INGLE-ROSARIO, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION RICHARD A. ROSARIO, :PACSES NO. 708111667 Defendant/Respondent :DOCKET NO. 2010-2882 CIVIL TERM INDEX OF EXHIBITS Petitioner's Exhibit No. 1 -Expense statement a ~ cn Respondent's Exhibit No. 1 -Earnings statement .rn,~ Respondent's Exhibit No. 2 -Income and expense statement c c -` ~~ ~ ~~~ w ~- ~ .. KATHRYN A. INGLE-ROSARIO, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION RICHARD A. ROSARIO, :PACSES NO. 708111667 Defendant DOCKET NO. 380 SUPPORT 2010 KATHRYN A. INGLE-ROSARIO, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION ~ ~a`'rr ~k y~ t1 ~ ~ ..~ RICHARD A. ROSARIO, :PACSES NO. 708111667 ..~ Defendant/Respondent DOCKET NO. 2010-2882 CIVIL TI~ ~ r~.~ .~ cx .~ zc~ ~ ~~~ INTERIM ORDER OF COURT ~~ w ~~ AND NOW, this 31st day of August, 2010, upon consideration of the Su~port~ Master's Report and Recommendation, acopy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Plaintiff's complaint for spousal support is dismissed. B. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $304.00 per month. C. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional amount of $21.00 per month on arrears. D. The Defendant shall provide health insurance coverage for the benefit of his wife as is available to him through employment or other group coverage at a reasonable cost. E. The effective date of this order is July 8, 2010. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20} days of this interim order, this order shall then constitute a final order. By the Court, J. pjVesley Oler, ~rl, J. Cc: Kathryn A. Ingle-Rosario Richard A. Rosario Nathan C. Wolf, Esquire For the Plaintiff DRO/rjs KATHRYN A. INGLE-ROSARIO, Plaintiff V. RICHARD A. ROSARIO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 708111667 DOCKET NO. 380 SUPPORT 2010 KATHRYN A. INGLE-ROSARIO, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION RICHARD A. ROSARIO, :PACSES NO. 708111667 Defendant/Respondent :DOCKET NO. 2010-2882 CIVIL TERM SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on August 25, 2010, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Kathryn A. Ingle-Rosario, whose mailing address is P.O. Box 342, Mechanicsburg, Pennsylvania. 2. The Defendant is Richard A. Rosario, who resides at 6 Mountain View Drive, Mt. Holly Springs, Pennsylvania. 3. The parties were married on June 22, 2002. 4. The parties separated on March 2, 2010. 5. On Apri128, 2010 the Plaintiff filed a complaint for divorce. 6. On May 18, 2010 the Plaintiff filed a complaint for spousal support. 7. On July 8, 2010 the Plaintiff filed a petition for alimony pendente lite. 8. The Plaintiff is 50 years of age. 9. The Plaintiff has a bachelor's degree in mechanical engineering. 10. The Plaintiff was employed at Grove Manufacturing until January 2009 when her employment was terminated. EXHIBIT "A" 11. The Plaintiff earned $29.00 per hour at Grove. 12. The Plaintiff has taken classes to become trained in the field of energy engineering since being laid-off by Grove. 13. The Plaintiff has submitted numerous applications for employment for positions paying as much or more than she earned at Grove but has not been offered employment. 14. The Plaintiff has recently accepted temporary employment in a law office where she is earning $12.50 per hour. 15. The Plaintiff collected unemployment compensation benefits from January, 2009 through July, 2010. 16. The Defendant is employed by Graham Packaging Company where he earns $23.00 per hour fora 40 hour work week. 17. The Defendant pays $98.67 per week for health insurance coverage on himself and his wife. DISCUSSION In Clouse v. Clouse, 50 Cumberland L.J. 167, 170 (2001) the Honorable J. Wesley Oler discussed the law of Pennsylvania as it relates to the subject of alimony pendente lite wherein he stated: The determination of whether to award alimony pendente lite has traditionally been a matter within the sound discretion of the trial court. Litmans v. Litmans, 449 Pa. Superior Ct. 209, 222, 673 A.2d 382, 388 (1996) (citing Murphy v. Murphy, 410 Pa. Superior Ct. 146, 599 A.2d 647 (1991), appeal denied, 530 Pa. 633, 606 A.2d 902 (1992), cert. denied, 506 U.S. 868, 113 S.Ct. 196, 121 L.Ed. 2d 139 (1992)). APL is based on the need of one spouse to have the financial resources to pursue or defend a divorce action. Litmans, supra at 222, 763 A.2d at 388. The claimant must show that APL is needed to adequately preserve his or her rights in the litigation. Sutliff v. Sutliff, 326 Pa. Superior Ct. 496, 500, 474 A.2d 599, 600 (1984), overruled on other rg ounds, Rosen v. Rosen, 520 Pa. 19, 549 A.2d 561 (1988). In this regard, the Pennsylvania Superior Court has stated that "a spouse seeking alimony pendente lite who has sufficient assets to meet the needs of the pending litigation and who is equally situated with the other spouse to maintain or defend the action, will not be awarded alimony pendente lite." Powers v. Powers, 419 Pa. Superior Ct. 464, 467, 615 A.2d 459, 460 (1992). In adjudicating a claim for alimony pendente lite, a court should consider the following factors: "the ability of the other party to pay; the separate estate and income of the petitioning party; and the character, 2 situation, and surroundings of the parties." Litmans, supra. at 224, 673 A.2d at 389. Once entitlement to an award of alimony pendente lite is established, the calculation of the amount of the award is made pursuant to the support guidelines. Little v. Little, 47 Cumberland L.J. 131 (1998). The Plaintiff lost her employment with Grove Manufacturing in January, 2009. During the following 14 months prior to the separation she drew unemployment compensation benefits. She testified that she was submitting three to four applications for employment per month at wages comparable to that which she had received at Grove. While no offers of employment were forthcoming, she accepted a temporary position in a law office where she earns $12.50 per hour. With gross monthly income of $2,167.00 and a tax filing status of married/separate, the Plaintiff would have net monthly income for support purposes of $1,738.00. The Defendant has gross monthly earnings of $3,987.00. With a tax filing status of married/separate he would have net monthly income of $3,032.00.2 Because the Plaintiff's financial circumstances appear to be temporary in nature and her need for current support does exist, an award of alimony pendente lite will be recommended. With the income of the parties as set forth above and no minor children to the marriage, the obligation for alimony pendente lite under the guidelines is $518.00 per month. However, because the Defendant is paying $428.00 per month for health insurance coverage on himself and his wife, a downward deviation in the order to $304.00 per month is recommended. RECOMMENDATION A. The Plaintiff s complaint for spousal support is dismissed. B. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $304.00 per month. C. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional amount of $21.00 per month on arrears. D. The Defendant shall provide health insurance coverage for the benefit of his wife as is available to him through employment or other group coverage at a reasonable cost. ~ See Exhibit "A." z See Exhibit "A." See Exhibit "B." 3 E. The effective date of this order is July 8, 2010. 170 ZGJ~ ~ ~~,I:.t~t-c,~ Date Michael R. Rundle Support Master In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Kathryn A. Ingle-Rosario Defendant Name: Richard Rosario Docket Number: 2010-2882 Civil PACSES Case Number: 708111667 Other State ID Number: Tax Year: Current: 2010 Defendant Plaintiff 1. Tax Method 1040 ES 1040 ES 2. Fling Status Married Filing Se aratel Married Filing Se aratel 3. Who Claims the Exem tions Obli ee 4. Number of Exemptions 1 1 5. Month) Taxable Income $3,986.70 $2,166.70 6. Deductions Method Standard Standard 7. Deduction Amount $475.00 $475.00 8. Exem tion Amount $304.17 $304.17 9. Income MINUS Deductions and Exem tions $3,207.53 $1,387.53 10. Tax on Income $483.65 $173.23 11. Child Tax Credit - - 12. Manual Ad'ustments to Taxes - - 13. Federal Income Taxes $483.65 $173.23 13 a. Earned Income Credit - - 14. State Income Taxes $125.98 $68.47 15. FICA Pa ments $304.99 $165.76 16. City Where Taxes Apply --Select-- --Select-- 17. Local Income Taxes $39.87 $21.67 TOTAL Taxes $954.49 $429.13 SupportCalc 2010-5-12 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Spousal Support Calculation Rule 1910.16 (PACSES FORMAT) Plaintiff Name: Kathryn A. Ingle-Rosario Defendant Name: Richard Rosario Docket Number: 2010-2882 Civil PACSES Case Number: 708111667 Other State ID Number: 1. Obli or's Monthl Net Income $3,032.21 2. Less All Other Su ort - 3. Less Obli ee's Monthl Net Income $1,737.57 4. Difference $1, 294.64 5. Less Child Support Obligation for Current Case Without Part II Substantial or Shared Custod Ad'ustment - 6. Difference $1,294.64 T. Multi I b 30% or 40% 40.00% 8. Income Available for S ousal Su ort $517.86 9. Ad'ustment for Other Ex enses - 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $517.86 Pre ared b : mrr Date: 8/27/2010 EXHIBIT "B.. SupportCalc 2010-5-12 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 10-2882 CIVIL Original Order/Notice State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 08/31/10 0Terminate Order/Notice Case Number (See Addendum for case summary) OOne-rime Lump Sum/Notice RE:ROSARIO, RICHARD A. Employer/Withholder's Federal [IN Number Employee/Obligor's Name (Last, First, MI) 069-54-2485 E=mployee/Obligor's Social Security Number GRAHAM PACKAGING CORPORATION* 7204102270 2401 PLEASANT VALLEY RD Employee/Obligor's Case Identifier YORK PA 17402-9647 (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 $ o.. oo per month in past-due child support Arrears 12 weeks or greater? Dyes © no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 304.00 per month in current spousal support $ 21.00 per month in past-due spousal support n $ 0.00 per month for genetic test costs $ o . oo per month in other (specify) -vcza ? $ one-time lump sum payment ! '__j '11 for a total of $ 325.00 per month to be forwarded to payee below. r You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycl s not match' o the ordered support payment cycle, use the following to determine how much to withhold: $ 75.00 per weekly pay period. $ 162.50 per semimonthly pa riodD (twice a month) $ 150.00 per biweekly pay period (every two weeks) $ 325.00 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 SECURI Y NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: DRO: R. J . Shadday J. w6g-ley Oler, Jr., Form EN-028 Rev.5 Worker ID $IATT Service Type !m v oMa No_: 0970-01 sa 1 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If hecked you are required to provide a copy of this form to your em lovee. If your employee works in a state that is di erent from the state that issued this order, a copy must be providedpto 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 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. 2327866880 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: ED EMPLOYEE'S/OBLIGOR'S NAME:ROSARIO, RICHARD A. EMPLOYEE'S CASE: IDENTIFIER: 7204102270 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 ircome 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 501% of the disposable income if the obligor is supporting another family and 6004, 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 she 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(4) 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 detennin ng 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-028 Rev.5 Worker ID $IATT ADDENDUM Summary of Cases on Attachment DefendanWbligor: ROSARIO, RICHARD A. PACSES Case Number 708111667 PACSES Case Number Plaintiff Name Plaintiff Name KATHRYN A. INGLE-ROSARIO Docket Attachment Amount Docket Attachment Amount 2010-2882 CIV$ 325.00 $ 0.00 Child(ren)'s Name(s): DOB 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 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(re.n)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev.5 Service Type M OMB No.. 0970-0154 Worker ID $IATT KATHRYN A. INGLE- ROSARIO, Plaintiff v. RICHARD A. ROSARIO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 10-2882 CIVIL TERM IN RE: PLAINTIFF' S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 4~' day of October, 2010, upon consideration of Plaintiff s Petition for Special Relief, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of the date of this order. athan C. Wolf, Esq. 10 West High Street Carlisle, PA 17013 Attorney for Plaintiff ~lin L. Markley, 3r., Esq. 3420 Market Street S Suite 303 Camp Hill, PA 17011 Attorney for Defendant rc :~ ._c., r~~ ~~:~ ~,~ r~ .,~. ~~ ~~ P ~~ :~,~ ~,` ~.:~ ~--~ --~ c.a, N -.s _.,~ ~.~ t~i~~ ~~-, ~ ~' -,~ C~ ri ~~~ Ica ~~ ~~ BY THE COURT, t 1 r.. ~" t~ y ~ ;_ F~~ ~.1 ° ~.; ~ f t is ' ~~~~ ~ '('5 «.JI~~t~4gF' `~~ )", a'lt`? v. RICHARD A. ROSARIO,. Defendant CIVIL ACTION -LAW NO.2010 - 2882 CIVIL TERM- : IN DIVORCE MOTION TO MAKE RULE ABSOLUTE NOW COMES the Plaintiff, Kathryn A. Ingle-Rosario, by and through her counsel, NATHAN C. WOLF,. ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013, (717) 241-4436 ATTORNEY FOR PLAINTIFF akat~, KATHRYN A. INGLE-ROSARIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA Nathan C. Wolf, Esquire, and respectfully submits this Motion to Make Rule Absolute, and in support thereof, avers as follows: 1. On September 29, 2010, Counsel for Plaintiff filed a Petition for Special Relief. 2. On October 4, 2010, the Court issued a Rule upon Defendant to show cause, with a twenty-day return from the date of the Order, why the relief requested should not be granted. 3. More than 20 days have elapsed since the Rule was issued, and no response has been filed. WHEREFORE, Plaintiff, Kathryn A. Ingle-Rosario respectfully requests this Court to make the Rule, issued on October 4, 2010, Absolute and enter an Order directing Defendant, Richard Rosario, to, pay. the monthly mortgage payments, holne equity loan payments, property taxes, and homeowner's insurance on the marital home, and to grant any further relief that the Court deems. appropriate. i" Dated: November ,~, 2010 By: Wolf, Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff .~ KATHRYN A. INGLE-ROSARIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. RICHARD A. ROSARIO, Defendant CIVIL ACTION -LAW N0.2410 - 2882 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, do hereby certify that I have this date served a copy of this petition upon the person below by first class mail: Marlin L. Markley; Jr., Esquire 3920 Market Street, Suite 303 Camp Hill, PA 17011 November ~ , 2010 Na~olf, Esquire A v for Plaintiff a NOV 0 5 2010 KATHRYN A. INGLE-ROSARIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RICHARD A. ROSARIO, : NO. 2010 - 2882 CIVIL TERM Defendant : IN DIVORCE ORDER AND NOW this _'at day of ` • 2010, upon consideration of the foregoing Motion to Make Rule Absolute, the requested relief therein is hereby GRANTED and IT IS ORDERED that Defendant, Richard Rosario, is directed to pay the monthly mortgage payments, home equity loan payments, property taxes, and homeowner's insurance on the marital home, and in the event Defendant does not comply with this Order, Plaintiff may bring a petition for contempt seeking enforcement of the some along with such other sanctions authorized by law. Distribution athan C.. Wolf, Esquire For the Plaintiff Marlin L. Markley, Jr., Esquire For the Defendant c ?.s ?-?2a.GC BY THE COURT: onorable J. Wesley Oler, r. r-Z. -? r r t -" s- -v mss- c3 1'0 1 r In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KATHRYN A. INGLE-ROSARIO ) Docket Number 2010-2882 CIV Plaintiff ) vs. ) PACSES Case Number 708111667 RICHARD A. ROSARIO ) Defendant ) Other State ID Number PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 1. The petition of KATHRYN A. INGLE-ROSARIO respectfully represents that on AUGUST 31, 2010 , an Order of Court was entered for the support of KATHRYN A. INGLE-ROSARIO b W -G ";C © o, CD 3 xt , r) : C C .c- o --,n1 C co r? 0 A true and correct copy of the order is attached to this petition. Service Type M Form OM-501 Worker ID 21504 r INGLE-ROSARIO V. ROSARIO PACSES Case Number: 708111667 2. Petitioner is entitled to 1'?21 increase O decrease O termination O reinstatement 0 other of this Order because of the following material and substantial change(s) in circumstance: WHEREFORE, Petitioner requests that the Court modify the existing order for support. C L3 Petitioner Attorney for Petitioner I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Sa 9 1 t? Date Service Type M Petitioner Page 2 of 2 Form OM-501 Worker ID 21504 KATHRYN A. INGLE-ROSARIO,: IN THE COURT OF COMMON PEA,OF Plaintiff/Petitioner CUMBERLAND COUNTY, P ENNffl (LSA N4A . z= R -o VS. CIVIL ACTION - DIVORCE tnA R r" rte- °' NO. 10-2882 CIVIL TERM ?d -.. RICHARD A. ROSARIO, IN DIVORCE ; co Defendant/Respondent PACSES CASE: 708111667 : ?. ORDER OF COURT AND NOW, this 1st day of December 2010, a petition has been filed against you, Richard Rosrio, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on January 4, 2011 at 9:00 A.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Nathan C. Wolf, Esq. Date of Order: December 1, 2010 BY THE COURT, J. W ley Oler, Jr., Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 KATHRYN INGLE-ROSARIO, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 10-2882 CIVIL TERM ^' t-D s RICHARD A., ROSARIO, IN DIVORCE Defendant/Respondent PACSES CASE: 708111667 -, rn :M rn- -o r _ a' r rl ORDER OF COURT'- c-, cam tw 71 , this 4th day of January, 2011, based upon the Court's determination tit t1 AND NOW , Petitioner's monthly net income/earning capacity is $ 1,738.00 and the Respondent's monthly fit -, income/earning capacity is $ 3,032.00, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Four Hundred and 00/100 Dollars ($ 400.00) per month payable weekly as follows: $ 364.00 per month for Alimony Pendente Lite and $ 36.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is November 30, 2010. Arrears set at $ 906.68 as of January 4, 2011. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Kathryn Ingle-Rosario. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for each child and/or spouse. Unreimbursed medical expenses of the obligee or children that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0 % by Respondent and 100 % by Petitioner. [X] Respondent [] Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. Other conditions: This Order amends the Support Master's Order of August 31, 2010 only to correct the actual cost of the medical and dental insurance to $71.15 per week and to increase the addiditonal sum for payment on the arrears to $36.00 per month. The Petitioner is held to an earning capacity of $12.50 per hour at this time. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. Mailed copies on: _ z ` ? L, Z Petitioner Respondent Nathan C. Wolf, Esq. DRO: R.J. Shadday BY THE COURT J ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT I D- X o : C I V I L State _Commonwealth of Pennsylvania OOriginal Order/Notice Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 01/04/11 OTerminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice RE: ROSARIO, RICHARD A. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) GRAHAM PACKAGING CORPORATION* 2401 PLEASANT VALLEY RD YORK PA 17402-9647 069-54-2485 Employee/Obligor's Social Security Number 7204102270 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. $ 0.00 per month in current child support $ o . oo per month in past-due child support Arrears 12 weeks or greater? o sno $ 0.oo per month in current medical support rn CZ7 $ 0.00 per month in past-due medical support ZZM a $ 364.00 per month in current spousal support crime rev $ 36.00 per month in past-due spousal support -•r ' $ o . o o per month for genetic test costs ' $ 0.00 per month in other (specify) ' `=? $ one-time lump sum payment - C N for a total of $ 400.00 per month to be forwarded to payee below. - C.0 ' 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: $ Q9.3I per weekly pay period. $ 200.00 per semimont hly pay period $ g? . (`a per biweekly pay period (every two weeks) $ 400.00 (twice a month) ?' 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 DEFEND T'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case I771 er) ORS I L SECURLT?' NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAILA ?? BY THE COURT: J. Wesley Service Type M V OMB No.: 0970-0154 Form EN-028 Rev.5 Worker ID $IATT .00 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If hecked you are required to provide a copy of this form to your m loyee. If your employee works in a state that is di erent from the state that issued this order, a copy must be provideedpto 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 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. 2327866880 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : M THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:ROSARIO, RICHARD A. 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) 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 maximurn 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 EMPLOYEE'S CASE IDENTIFIER: 7204102270 DATE OF SEPARATION: 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 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: ROSARIO, RICHARD A. PACSES Case Number 708111667 Plaintiff Name KATHRYN A. INGLE-ROSARIO Docket Attachment Amount 2010-2882 CIV$ 400.00 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 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 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 Form EN-028 Rev.5 Worker ID $ IATT r- + NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF K"I I FEE, 23 P 3, 4i.i` ' . ?'?L?Ci0?1 IJ d ' x KATHRYN A. INGLE-ROSARIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD A. ROSARIO, Defendant : CIVIL ACTION - LAW : NO. 2010 - 2882 CIVIL TERM : IN DIVORCE PETITION FOR CONTEMPT AND SPECIAL RELIEF AND NOW comes the Petitioner, Kathryn A. Ingle-Rosario, by her attorney, Nathan C. Wolf, Esquire, and files this petition for contempt and special relief respectfully representing as follows: 1. The plaintiff is Kathryn A. Ingle-Rosario, an adult individual with a mailing address of 27 Pheasant Court Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The defendant is Richard A. Rosario, an adult individual residing at 6 Mountainview Drive, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 3. The Honorable J. Wesley Oler, Jr., issued an Order dated November 8,2010 granting a petition for special relief and directing the Defendant to make mortgage payments on the parties' marital residence to avoid the wasting of this marital asset. 4. Since November 8, 2010, the Defendant has failed to make mortgage payments on either the first mortgage or the home equity line of credit on the residence. 5. On or about January 4, 2011, the Defendant appeared at a support modification conference wherein he acknowledged that he has not made payments on these obligations but that he would go to jail rather than give Plaintiff any additional money. 6. Upon information and belief, Defendant has subsequently been placed on leave from his work as a result of several alcohol related incidents and has not paid Alimony Pendente Lite since January 25, 2011, when Plaintiff received a payment of $92.31 through the Pennsylvania Support Collection and Disbursement Unit. 7. Plaintiff has not resided in the marital residence since voluntarily leaving in July 2010. 8. Plaintiff has learned through other individuals who have made first hand observations of activity around the marital residence that Defendant has been moving marital property from the residence. 9. Plaintiff has an interest in this marital property and believes Defendant may be liquidating property for his own gain, which is particularly outrageous conduct in light of his failure to pay the mortgage on the marital residence and his failure to pay support. 10. Defendant has possession of some of Plaintiff's pre-marital property and Plaintiff believes that Defendant may be liquidating her pre-marital assets for his own gain. 11. Defendant has also thwarted efforts to settle a civil action (Docketed at 2007-214) wherein the parties had reached an agreement to receive the sum of $4,500.00 for damages to their real property from the prior owner. 12. Defendant had agreed to accept the sum of $4,500.00 but, out of spite and in an effort to further cause Plaintiff economic harm, has refused to sign a settlement agreement or cooperate in any effort to resolve that litigation. 13. Plaintiff is requesting that the Court issue an Order authorizing her to settle the litigation on behalf of both parties and to place the proceeds in escrow, after a sufficient sum is used to bring the home equity line of credit current, which account is in both Defendant's and Plaintiff's names and to pay the sum of $500.00 to Richard P. Mislitsky, Esquire, who represented Defendant and Plaintiff in said litigation and to reimburse Plaintiff the sum of $165.00 representing the filing costs she paid individually for said action. 14. Plaintiff also believes that the Defendant may be making preparations to relocate outside of the jurisdiction to North Carolina and begin new employment there. 15. Plaintiff requests that this Honorable Court enter an order to prevent marital waste as she fears that there will be a mortgage foreclosure on the marital home due to the lack of required payments. 16. Plaintiff seeks an order requiring the defendant to pay the monthly mortgage payments, home equity loan payments, property taxes, and homeowner's insurance on the marital home or in the alternative, an order authorizing Plaintiff alone to contract with a licensed realtor to list the home for sale and requiring the defendant to pay the mortgage payments, home equity loan payments, property taxes, and homeowner's insurance until the home is sold and then directing the proceeds of the sale to be placed in escrow pending a final distribution. 17. Plaintiff seeks an Order prohibiting Defendant from liquidating any marital property or any premarital property of the Defendant and to provide an accounting for all assets Defendant has liquidated since the parties' separation. 18. Plaintiff submits that Defendants actions are in direct violation of the Court's prior Order and that Defendant should be sanctioned for his failure to abide the Court Order. 19. Plaintiff has, to date, incurred counsel fees in the amount of $275.00 in connection with the preparation and submission of the instant Petition. 20. Defendant currently has criminal charges pending against him for driving under the influence and related offenses docketed at CP-21 -CR-3406-201 0 and recently pled guilty to a charge of public drunkenness before Magisterial District Judge Susan K. Day. 21. Defendant has a prior record of convictions including two separate incidents of Aggravated Assault, Burglary, Theft by Unlawful Taking, Recklessly Endangering Another Person, and Resisting Arrest and Plaintiff submits that Defendant's prior criminal conduct and his conduct in this case is evidence of the fact that unless serious penalties are imposed upon him, he will continue to flagrantly disregard the law and this Court's Orders. 22. Marlin L. Markley, Jr., Esquire, counsel of record for the defendant, was contacted by the plaintiffs counsel concerning this request and does not concur with the instant petition but has been unable to communicate with his client directly concerning this request. 23. The Honorable J. Wesley Oler, Jr. was previously assigned to this case. WHEREFORE, Petitioner, Kathryn Ingle-Rosario, prays this Honorable Court enter an Order directing Respondent, Richard Rosario, to pay the monthly mortgage payments, home equity loan payments, property taxes, and homeowner's insurance on the marital home and, an enter order authorizing Petitioner, individually, to list the home for sale and enter into a contract for the sale of such real estate and requiring the Defendant to pay the mortgage payments, home equity loan payments, property taxes, and homeowner's insurance until the home is sold and then directing the proceeds of the sale to be placed in escrow pending a final distribution pending further Order of Court, and issue an Order authorizing Petitioner to enter into a negotiated settlement of the civil action docketed at 2007-214 for the sum of $4,500.00 and to utilize such funds as necessary to bring current the home equity line of credit due to Members First FCU and to place the remaining funds in escrow pending final distribution in this matter, and to issue an Order prohibiting Defendant from liquidating any marital property or premarital property of the Plaintiff and to provide an accounting for any property liquidated since the parties' separation and directing the Court Administrator to schedule an expedited hearing to address the issues raised in this matter if deemed necessary, and to order such other relief the Court deems appropriate and just. WOLFXW/4gF, Attorneys at Law Dated: February v3 2011 BY: Nadi off, Esquire 10 We 9f High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff VERIFICATION I, the undersigned, do hereby verify that the facts set forth in this petition are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. February 2, 2011 - - Kathryn Ingle-Rosari NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 1.0 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF KATHRYN A. INGLE-ROSARIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RICHARD A. ROSARIO, : NO. 2010 - 2882 CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Plaintiff, do hereby certify that I have served a copy of the foregoing Petition for Contempt and Special Relief upon the following individual by postage prepaid mail, addressed as follows: Date: February S, 2011 Marlin L. Markley, Jr., Esquire 3920 Market Street, Suite 303 Camp Hill, PA 17011 Attorney for Plaintiff NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF KATHRYN A. INGLE-ROSARIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD A. ROSARIO, Defendant CIVIL ACTION - LAW : NO. 2010 - 2882 CIVIL TERM : IN DIVORCE ORDER OF COURT NOW this ?\_? day of , 2011 upon consideration of the Attached Petition for Contempt and Special Relief, the following Order is hereby issued: 1. Pending further Order of Court in this matter, Defendant, Richard A. Rosario, is directed to pay the monthly mortgage payments, home equity loan payments, property taxes, and homeowner's insurance on the marital home located at 6 Mountainview Drive, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. Plaintiff, Kathryn Ingle-Rosario, is hereby authorized to enter into a listing agreement with a licensed realtor to sell the marital residence and is authorized to sell the marital residence without the consent or signature of Richard Rosario on the condition that the proceeds of sale be placed into the IOLTA account of Plaintiff's counsel, Nathan C. Wolf, Esquire pending an Order or stipulated agreement directing distribution of proceeds to the parties. 3. Plaintiff, Kathryn Ingle-Rosario, is hereby authorized to execute a settlement agreement to resolve the litigation docketed at 2007-214, without the consent of Richard Rosario, on the condition that the proceeds of such settlement be used first to pay current the home equity line of credit with Members First Federal Credit Union, which is in the name of both Plaintiff and Defendant, to pay the sum of $500.00 to Richard P. Mislitsky, Esquire as legal fees associated with such representation, to reimburse Plaintiff the sum of $165.00 in court costs she paid individually, and to place the balance into the IOLTA account of Plaintiff's counsel, Nathan C. Wolf, Esquire pending an Order or stipulated agreement directing distribution of proceeds to the parties. 4. Defendant is hereby prohibited from selling, liquidating or disposing of any marital property of the parties or premarital property of the Plaintiff without Plaintiff's consent and to provide an accounting to Plaintiffs counsel for any property liquidated since the parties' separation including the amount obtained for such item within 30 days of the date of this Order. 5. Defendant is adjudicated in Contempt of this Court's Order of November 8, 2010 and as a sanction for his contempt to date is that he is Ordered to pay the sum of $275.00 to Wolf & Wolf, Attorneys at Law within 20 days of the date of this Order. 6. Plaintiff may seek additional sanctions for Defendant's further violations of this Court's previous Order or the instant Order of Court. BY THE COURT, J. )fesley Oler, JiV, J. Distribution: ? Nathan C. Wolf, Esquire ? Marlin L. Markley, Jr., Esquire es m a a . -.' ? 7-1- C0 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 10-2882 CIVIL State: Commonwealth of Pennsylvania O Original Order/Notice Co./City/Dist. Of-. CUMBERLAND Q Amended Order/Notice Date of Order/Notice: 03/04/11 O Terminate Order/Notice Case Number (See A en um for case Summary) O One-Time Lump Sum/Notice EmployerNVithholder's Federal EIN Number AETNA LIFE INSURANCE CC PO BOX 189093 PLANTATION FL 33318-9093 CIGIij,? -#: 36ggVs See Addendum for dependent ORDER INFORMATION: This is an Orde from CUMBERLAND County, Commonw( from the above-named employee's/obligo State. $ 0.00 per month in current $ 0.00 per month in past-du $ 0.00 per month in current $ 0.00 per month in past-du $ 364.00 per month in current $ 36.00 per month in past-du $ 0.00 per month for geneti $ 0.00 per month in other (: $ one-time lump sum I for a total of $ 400.00 per monl You do not have to vary your pay cycle t( the ordered support payment cycle, use 1 $ 92.05 per weekly pay period $ 184.11 per biweekly pay peric REMITTANCE INFORMATION: You mu: working days after the date of this Order/ withholding. You are entitled to deduct a state of your employee for the allowable ; the employee's/ obligor's aggregate dispi the following information is needed (See RE: ROSARIO, RICHARD A. Employee/Obligor's Name (Last, First, MI) 069-542485 mp oyes Igor s Social Security Number 7204102270 mp oyes b igor s Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) names and birth dates associated with cases on attachment lotice to Withhold Income for Support based upon an order for support h of Pennsylvania. By law, you are required to deduct these amounts income until further notice even if the Order/Notice is not issued by your hild support child support nedical support medical support pousal support spousal support test costs Arrears 12 weeks or greater? s r -2- t? 5. to be forwarded to payee below. be in compliance with the support order. If your pay cycle does not match e following to determine how much to withhold: $ 200.00 per semimonthly pay period (twice a month) I (every two weeks) $ 400.00 per monthly pay period. : begin withholding no later than the first pay period occurring ten (10) lotice. Send payment within seven (7) working days of the paydate/date of 'ee to defray the cost of withholding. Refer to the laws governing the work mount. The total withheld amount, and your fee, cannot exceed 55% of sable weekly earnings. For the purpose of the limitation on withholding, '•9 on page 2). Pennsylvania law (23 PA C.S. § 4374(k)) requires remittance by an electronic pgvment method if an employer is ordered to withhold inco a 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 D sbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FI S CODE 42 000 00 Make Remittance Payable to: P SCDU Send check to: Pennsylvania S DU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INC DE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Oblig is Ca Identif ) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND FA$H Y MA BY THE COURT: Jr., Judge DRO: R. J. Shadday Service Type M OMB No.: 0970-0154 Form EN-028 Worker ID $OINC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS F-1 If checked you are required to provide a copy of this form to your employee. If your employee works in a state that is different from the state that issued this iorder, 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 prder have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine wi hheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You mint, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholdin :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 pl ce of employment with respect to the time periods within which you must implement the withholding order and forward the support p yments. 4.* Employee/Obligor with Multiple Support H Idings: 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 promptl notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested a d return a copy of this Order/Notice to the Agency identified below. 5843100243 THE PERSON HAS NEVER WORKED FOR T IS EMPLOYER: Q THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: RICHARD A. 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 require to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions abou lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as th have withheld from the employee/obligor's incon governs unless the obligor is employed in anoth, 8. Anti-discrimination: You are subject to a A employment, refusing to employ, or taking discip Pennsylvania State law governs unless the oblig is employed governs. 9.* Withholding Limits: You may not withhold i Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2 of employment. Disposable income is the net in Social Security taxes, statutory pension contribu obligor is supporting another family and 60% of 1 50% limit is increased to 55% and that 60% limit you may deduct a fee for administrative costs. T Arrears greater than 12 weeks: If the Order Info employer should calculate the CCPA limit using allowed under the law of the issuing Tribe. For 1 of the limit set by the law of the jurisdiction in wh the CC PA (15 U.S.C. 1673 (b)). Depending upo health care premiums in determining disposable 10. Additional info: *NOTE: If you or your agent are served with a cc state that issued this order with respect to these 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST Order/Notice directs, you are liable for both the accumulated amount you should e and other penalties set by Pennsylvania State law. Pennsylvania State law r State, in which case the law of the State in which he or she is employed governs. e determined under State law for discharging an employee/obligor from nary action against any employee/obligor because of a support withholding. )r is employed in another State, in which case the law of the State in which he or she lore than the lesser of: 1) the amounts allowed by the Federal Consumer Credit I the amounts allowed by the State or Tribe of the employee's/obligor's principal place ;ome left after making mandatory deductions such as: State, Federal, local taxes, ions and Medicare taxes. The Federal limit is 50% of the disposable income if the ie disposable income if the obligor is not supporting another family. However, that is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, he support amount and the fee may not exceed the limit indicated in this section. rmation does not indicate whether the arrears are greater than 12 weeks, then the he lower percentage. For Tribal orders, you may not withhold more than the amounts ribal employers who receive a State order, you may not withhold more than the lesser ch the employer is located or the maximum amount permitted under section 303(d) of i applicable State law, you may need to take into consideration the amounts paid for ncome and applying appropriate withholding limits. of this order in the state that issued the order, you are to follow the law of the 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 OMB No.: 0970-0154 Form EN-028 Worker ID $OINC Service Type M Page 2 of 2 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: ROSARIO, RICHARD A. PACSES Case Number 708111667 Plaintiff Name KATHRYN A. INGLE-ROSARIO Docket Attachment Amount 2010-2882 CIV $ 400.00 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 Amo int $ 0.00 PALS aca Ni mb r Plaintiff Nam. Docket _Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB l PACSES Case Number Plaintiff Name ock Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name kS a Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Service Type M oMBNo.:0970-0154 Worker ID $OINC In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KATHRYN A. INGLE-ROSARIO Plaintiff vs. RICHARD A. ROSARIO Defendant Docket Number: 2010-2882 CIV PACSES Case Number: 708111667 Other State ID Number: ORDER OF COURT Legal proceedings have been brought against you alleging you have willfully disobeyed an Order of Court P.d AJ 1. If you wish to defend against the claim set forth in the following pages, you - ;= 01 "-f 7 may, but are not required to, file in writing with the Court your defenses or objections. 2. You, RICHARD A. ROSARIO, Respondent, must appear in person in court on MAY 13, 2011, at 9:OOAM, in COURT ROOM 1 C/O CUMBERLAND CO COURTHOUSE, 4TH FLOOR, 1 COURTHOUSE SQUARE, CARLISLE, PA. 17013 IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST AND YOU MAY BE COMMITTED TO JAIL. 3. If the Court finds that you have willfully failed to comply with its order you may be found to be in contempt of court and committed to jail, fined, or both. Form EN-528 Service Type M Worker ID 21600 INGLE-ROSARIO v. ROSARIO PACSES Case Number: 708111667 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 At the above scheduled proceeding, contempt may be dismissed, new and/or modified purge conditions may be imposed or incarceration recommended for the defendant. If the plaintiff fails to appear, the Court will proceed with the case and enter an appropriate order. The parties are to remain until dismissed by the Court. YOU ARE REQUIRED TO BRING: - Cash, credit card in your name, cashier/bank check or money order payable to DOMESTIC RELATIONS SECTION. Contact your local DRS before the hearing date to verify which of the payment methods listed above are accepted. - Most recent pay stubs for any and all employers. - Payroll address, phone #, fax # and contact person. - Proof of medical coverage. - Any other documentation relevant to your case and the issue of contempt as stated in the petition. AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. BY THE COURT: Date of Order:2 Service Type M Page 2 of 2 Worker ID 21600 Form EN-528 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KATHRYN A. INGLE-ROSARIO ) Docket Number: 2010-2882 CIV vs. Plaintiff RICHARD A. ROSARIO PACSES Case Number: 708111667 Defendant ) Other State ID Number: PETITION FOR CONTEMPT - DEFENDANT TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. Petitioner is CUMBERLAND County Domestic Relations Section. 2. Defendant is RICHARD A. ROSARIO who resides at 308 CAROLINA BEACH AVE N, CAROLINA BEACH, NC. 28428-6113-08 3. On JANUARY 4, 2011 an order of support was entered by the Honorable Court directing Defendant to pay the sum of $364.00 per month plus $36.00 per month in arrears for the support of his/her dependent(s). 4. Defendant has failed to comply with the order as entered by the Court by failing to: ® pay as ordered. ® provide information which was ordered. ? appear as ordered. ® other: maintain employment, provide medical or other appropriate excuse for unemployment, last payment was 1/8/11. 5. The arrearages under the Order amount to $1,375.06 as of MARCH 17, 2011. WHEREFORE, Petitioner prays that the Court issue an order directing the attendance of Defendant at a hearing of said Petition and hereafter to make an adjudication of contempt. I verify that the statements made in this Petition are true and correct to the best of my knowledge. I understand that false statements herein are made to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifinakid- to authorities. MARCH 17. 2011 Derek R. Clep er, Esq. Date Signature Form EN-007 03/11 Service Type M Worker ID 21600 ORDERMOTICE TO WITHHOLD INCOME FOR SUPPORT State: Commonwealth of Pennsylvania Co./City/Dist. of: CUMBERLAND Date of Order/Notice: 07/07/11 Case Number (See A en um for case summary) Employer/Withholder's Federal EIN Number GRAHAM PACKAGING CORPORATION* 2401 PLEASANT VALLEY RD YORK PA 17402-9647 RE: ROSARIO, RICHARD A. O Original Order/Notice Q Amended Order/Notice (Q Terminate Order/Notice O One-Time Lump Sum/Notice Employee/Obligor's Name (Last, First, MI) 069-54-2485 Employee/Obligor's Social Security Number 7204102270 Employee/obligors 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 $ 0.00 per month in past-due child support $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 0.00 per month in current spousal support $ 0.00 per month in past-due spousal support $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) $ _ one-time lump sum payment for a total of $ 0.00 per month to be forwarded to payee below. y eq- O--qo rnm =M :)o c_ c rri`n r= = ?A fV --fir) < 5: C N ?r°ti3 -- t cr7 >' + a 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. $ 0.00 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). 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 /D (shown above as the Emp/oyee/Oblig_orr.'s Case /den ter) ORSOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH OVA/L. BY THE COURT: Service Type M Arrears 12 weeks or greater? Wesley`Orr, Jr., Judge ' OMB No.: 0970-0154 Form EN-028 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS F? If checked you are required to provide a copy of this form to your employee. If your employee works in a state that is different 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.' 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. 2327866880 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: Q THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: Q EMPLOYEE'S/OBLIGOR'S NAME: ROSARIO, RICHARD A. EMPLOYEE'S CASE IDENTIFIER: 7204102270 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: NEW EMPLOYER'S NAME/ADDRESS: FINAL PAYMENT AMOUNT: 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 OMB No.: 0970-0154 Form EN-028 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: ROSARIO, RICHARD A. PACSES Case Number 708111667 PACSES Case Number Plaintiff Name Plaintiff Name KATHRYN A. INGLE-ROSARIO Docket Attachment Amount Docket Attachment Amount 2010-2882 CIV $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB 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 Dock 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 Addendum Form EN-028 Service Type M OMB No.: 0970-0154 Worker ID $IATT S JASON D. ARNOLD, ESQUIRE PA Supreme Court ID #: 205546 PO BOX 6462 HARRISBURG, PA 17112 (717) 412-1734 FILED-OFFICE GF THE PROTHONOTARY 2011 AUG 24 AM 10, 41 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL DIVISION - FAMILY Kathryn A. Ingle-Rosario Plaintiff Vs Richard A. Rosario Defendant CIVIL ACTION-DIVORCE : NO. 2010-2882 DIV DIVORCE MOTION FOR SANCTIONS, DISTRIBUTION OF FUNDS AND NEW ORDER Petitioner/Plaintiff Kathryn A. Ingle-Rosario, by and through her attorney undersigned below, hereby make the following motion upon this Honorable Court. 1) Plaintiff Kathryn A. Ingle-Rosario filed for divorce on April 29 '2010. 2) Defendant Richard A. Rosario filed for divorce on May 5th, 2010, docketed at 2010-3004. 3) Defendant accepted service by his attorney on May 18th, 2010. 4) During the marriage, the couple, as husband and wife, purchased a house at 6 Mountainview Dr., Mount Holly Springs, Pennsylvania on or about November 2004. 5) Five days after moving into the house, the waste system backed up due to known tree roots in the line, disrupting the house and leaking sewage. 6) The couple as husband and wife sued the former owner, Daniel Kingery, and obtained a settlement. 7) After the court costs and attorney costs were deducted, the balance of the settlement due to the couple is $3060. 8) As per the Court's order of February 24th, 2011, (attached as Exhibit A) these funds were placed in escrow in the IOLTA account of Nathan C. Wolf, Esq. the plaintiffs former attorney. 9) Plaintiff is entitled to her half of the settlement money. 10) It is within this Court's equitable powers to alter the February 24th, 2011 order to allow plaintiff access to the $1530 of the settlement that would be equitably hers. 11) Plaintiff is also in possession of a $7000 check made out to herself, defendant, Bank of America and Member's 1 St from the insurance company for damages to the home. 12) These damages include extensive water damage caused by defendant willfully unplugging the sump pump, thereby flooding the home and destroying the heating systems. 13) After the defendant caused these damages, defendant fled the state on or about February 2011. 14) The defendant has been out of state and unavailable to endorse the check. 15) In order to repair the house, the check needs to be dispersed. 16) This Court is able to order that the check may be released without defendant's consent or signature in order to make repairs to the home that defendant caused. 17) Defendant while living in the marital home did not pay certain bills, specifically sewer and trash. 18) South Middletown Township is the overseer of the sewer utility. 19) Interstate Waste is in charge of trash removal. 20) The above named utilities are seeking payment from Plaintiff. 21) In the case of the trash, Interstate Waste is refusing to remove the current trash unless Plaintiff pays for the trash service Mr. Rosario received. 22) In the case of the sewer, South Middletown Township is threatening to cut off the sewer access unless the portion of the bill that Mr. Rosario incurred is paid off. 23) As part of the February 24th, 2011 order, Mr. Rosario was to pay certain amounts including Attorney's fees to Mr. Wolf. 24) As of August 8, 2011, he has not made any payments as ordered by the Court. 25) Mr. Rosario is also ordered to pay alimony. 26) As of August 10,2011, the current balance owed for alimony is $2069.38. WHEREFORE, Plaintiff/Petitioner Kathryn A. Ingle-Rosario humbly requests this Court 1. to find Defendant Richard A. Rosario in contempt of the February 24th, 2011 order and the 2010 order for alimony, 2. to award attorney's fees for this petition from Mr. Rosario to Mrs. Ingle-Rosario, 3. to grant the ability for Plaintiff to release the insurance check on behalf of Defendant without his consent or signature, 4. to release the funds in Mr. Wolfs IOLTA account, 5. to distribute Plaintiff's portion of the settlement funds to herself and that Defendant's portion be distributed to South Middletown Township and Interstate Waste for unpaid utilities, to Plaintiffs attorney's fees for filing, and with any remaining portion available to go to plaintiff for alimony owed, and 6. all other equitable relief this Court deems just. Respectfully submitted, Jason D. Arnold, Esq. PO BOX 6462 Harrisburg, Pa 17112 Phone: 717 412 1734 PA ID: 205546 Attorney for Kathryn A. Ingle-Rosario • Y x! NATHAN C. WOLF, ESQUIRE ATTORNEY M NO. 97380 0 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF KATHRYN A. INGLE-ROSARIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD A. ROSARIO, Defendant : CIVIL ACTION - LAW : NO. 2010 - 2882 CIVIL TERM : IN DIVORCE ORDER OF COURT NOW this 2 _?L day of - 2011 upon consideration of the Attached Petition for Contempt and Special Relief, the following Order is hereby issued: 1. Pending filrther Order of Court in this matter, Defendant, Richard A. Rosario, is directed to pay the monthly mortgage payments, home equity loan payments, property taxes, and homeowner's insurance on the marital home located at 6 Mountainview Drive, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2- Plaintiff, Kathryn Ingle-Rosario, is hereby authorized to enter into a listing agreement with a licensed realtor to sell the marital residence and is authorized to sell the marital residence without the consent or signature of Richard Rosario on the condition that the proceeds of sale be placed into the IOLTA account of Plaintiff's counsel, Nathan C. Wolf, Esquire pending an Order or stipulated agreement directing distribution of proceeds to the parties. 3. Plaintiff, Kathryn Ingle-Rosario, is hereby authorized to execute a settlement agreement to resolve the litigation docketed at 2007-214, without the consent of Richard Rosario, on the condition that the proceeds of such settlement be used first to pay current the home equity line of credit with Members First Federal Credit Union, which is in the name of both Plaintiff and Defendant, to pay the sum of $500.00 to Richard P. Mislitsky, Esquire as legal fees associated with such representation, to reimburse Plaintiff the sum of $165.00 in court costs she paid individually, and to place the balance into the IOLTA account of Plaintiffs counsel, Nathan C. Wolf, Esquire pending an Order or stipulated agreement directing distribution of proceeds to the parties. 4. Defendant is hereby prohibited from selling, liquidating or disposing of any marital property of the parties or premarital property of the Plaintiff without Plaintiffs consent and to provide an accounting to Plaintiff's counsel for any property liquidated since the parties' separation including the amount obtained for such item within 30 days of the date of this Order. 5. Defendant is adjudicated in Contempt of this Court's Order of November 8, 2010 and as a sanction for his contempt to date is that he is Ordered to pay the sum of $275.00 to Wolf & Wolff Attorneys at Law within 20 days of the date of this Order. 6. Plaintiff may seek additional sanctions for Defendant's further violations of this Court's previous Order or the instant Order of Court. Distribution: Nathan C. WoK Esquire ? Madin L. Markey, Jr., Esquire es )K&. Id al;LrIll w BY THE COURT, J. Wesley Oer, JA J. '-? ra C7 -•7Q - ;E t7 := C c7 n ?? r,? ; 3 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL DIVISION - FAMILY Kathryn A. Ingle-Rosario CIVIL ACTION-DIVORCE Plaintiff Vs NO. 2010-2882 DIV DIVORCE Richard A. Rosario Defendant VERIFICATION I verify that the statements made in this Complaint 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: Z art uci W 2 Kathryn Ingle- Rosario Plaintiff IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL DIVISION - FAMILY Kathryn A. Ingle-Rosario Plaintiff Vs CIVIL ACTION-DIVORCE NO. 2010-2882 DIV : DIVORCE Richard A. Rosario Defendant CERTIFICATE OF SERVICE Pursuant to Pa.R.C.P. 1930.4, the undersigned does hereby verify that a true and correct copy of the Motion was mailed, first class, postage pre-paid to: Defendant's Attorney: Marlin Markley, Esq., 3920 Market St, Ste 303, Camp Hill, Pa 17011 Nathan C. Wolf, Esq. 10 West High St. Carlisle, Pa 17013-2922 on August 24th, 2011 Jason D. Arnold, Esquire PA Supreme Court ID #: 205546 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - FAMILY Kathryn A. Ingle-Rosario CIVIL ACTION-DIVORCE Plaintiff Vs NO. 2010-2882 DIV DIVORCE Richard A. Rosario Defendant Praeciue for Entry of Appearance TO THE PROTHNOTARY ? ? W _ ? Z :;o s 'n = G!) -<> so,? r-Z <Q r ?© _? D m D Qrn Kindly enter my appearance in the above captioned matter on behalf of the Plaintiff Kathryn A. Ingle-Rosario; Jason D. Arnold, Esq. PO Box 6462 Harrisburg, Pa 17112 p 717 412 1734 f7173073417 e: jda@jdarnoldlaw.com 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - FAMILY Kathryn A. Ingle-Rosario Plaintiff vs Richard A. Rosario Defendant CIVIL ACTION-DIVORCE r 3:x - - -? -rn MM rn -T7 F11- _V M r- :0 NO. 2010-2882 DIV 'T -CT- (D -n . y i ry DIVORCE PROPOSED ORDER AND NOW, this Y?day oft 20/, a hearing on the Motion for Contempt and Release of Funds is scheduled for the J/ day of , 20 11 , at _Oab_?? / 1. (b o'clock Q m. in Courtroom No. rJ of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. J. Distribution: ,/ Plaintiff: Jason D. Arnold, Esq. PO Box 6462 Harrisburg, Pa 17112 ?/ Defendant: Marlin Markley, Esq., 3920 Market St, Ste 303, Camp Hill, Pa 17011 J Nathan C. Wolf, Esq. 10 West High St. Carlisle, Pa 17013-2922 qp/k J ORDERMOTICE TO WITHHOLD INCOME FOR SUPPORT 10 - -? TS- 0, I V 1 L? ?. Original Order/Notice State Commonwealth of Pennsylvania ? Amended Order/Notice Lice Co./City/Dist. of CUMBERLAND Order/Notice Date of Order/Notice 09/14/11 O Terminate Order/Notice Case Number (See Addendum for case summary) O One-Time Lump Sum/Notice Employer/Withholder's Federal EIN Number wooccc cFC?VI(F INr. RE: ROSARIO RICHARD A. Employee/Obligor's Name (Last, First, MI) Sent Electronically DO NOT MAIL 069-54-2485 Employee /Obligor's ociaFSecurityNumber 7204102270 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 C UMBERLAND 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 isrsued,by your State. `- `--? $ 0.00 per month in current child support rn rn v $ 0.00 per month in past-due child support C? Arrears 12 weeks or greater? =P? ye3 $ 0.00 per month in current medical support cn c3 $ 0.00 per month in past-due medical support - ,? -0 $ - 364.00 per month in current spousal support v-r J = z $ -due spousal support 36.00 per month in past 5c ? r? $ 0.00 per month for genetic test costs $ - 0.00 per month in other (specify) $ _ one-time lump sum payment for a total of $ 400.00 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: $ 92.05 per weekly pay period. $ 200.00 per semimonthly pay period (twice a month). $ 184.11 per biweekly pay period (every two weeks). $ 400.00 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: KEVIN A HESS Service Type M OMB No.: 0970-0154 Form EN-428 Worker ID $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 di erent 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.* 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. 8409096800 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: Q THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: ROSARIO, RICHARD A. EMPLOYEE'S CASE IDENTIFIER: 7204102270 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: NEW EMPLOYER'S NAME/ADDRESS: DATE OF SEPARATION: FINAL PAYMENT AMOUNT: 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.childsupPQl:1 state pa us OMB No.: 0970-0154 Form EN-428 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: ROSARIO, RICHARD A. PACSES Case Number 708111667 PACSES Case Number Plaintiff Name Plaintiff Name KATHRYN A. INGLE-ROSARIO Docket Attachment Amount Docket Attachment Amount 2010-2882 CIV $ 400.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Numt e 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 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 Addendum OMB No.: 0970-0154 Form EN-428 Worker ID $IATT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 3- xAs c -V'jo?rv) : Plaintiff Vs File No. 7-01 o -- Z fa g Z IN DIVOR CE 1 CJ r l?,z?c1 Cv Defendant 73 = - ? O3 CD NOTICE TO RESUME PRIOR SURNAME E°-:.: -? Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] " ' , ? 1 prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated , hereby elects to resume the prior surname of Z riq o- , and gives this written notice avowing his / her intention pursuan to the provisions of 54 P.S. 04. Date: 3 N0\1 0 Signature Signature of name bei resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF Co -( I c?O On the 3 d day of x lo vemn e r , 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. Prothonotary or Nbtary Public MY cA on 6 ?t"C" LL M4 L# // Do ft?fllq e.?s h KATHRYN A. INGLE-ROSARIO, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANI A V. : RICHARD A. ROSARIO, CD DEFENDANT 10-2882 CIVIL TERM S r tT1 ? C7 n T" ORDER OF COURT ? -- ?c AND NOW, this 19 day of November, 2011, upon consideration ofD:?,° a6 ' Plaintiff s Motion and after hearing, IT IS HEREBY ORDERED that: 1. Richard A. Rosario is adjudicated in contempt of the Order of Court issued February 24, 2011. 2. Richard A. Rosario shall pay the sum of $ 360.00 as counsel fees incurred by Kathryn Ingle-Rosario to her current counsel associated with the preparation and presentation of the instant motion. 3. Nathan C. Wolf, Esquire is authorized to release the remaining sum of $3,835.00 funds from the Kingery litigation currently held in his firm's IOLTA account as follows: a. Attorney Wolf shall issue a payment of $500.00 from the Kingery settlement to Richard P. Mislitsky, Esquire, counsel for the parties in the Kingery litigation. b. Attorney Wolf will divide the remaining funds equally between the plaintiff and the defendant in shares of $1,667.50. c. The Defendant's share of $1,667.50 shall be divided as follows: 11 v i. Attorney Wolf will issue a payment to his office in the amount of $275.00 representing this Court's prior sanction imposed upon the defendant; ii. Attorney Wolf will issue a payment of $637.50 to Attorney Marlin L. Markley representing counsel fees; iii. Attorney Wolf will issue a payment of $755.00 to Plaintiffs Counsel, Jason D. Arnold, Esquire from which Attorney Arnold shall make payment in the amount of $390.00 to South Middleton Township Sewer Authority, and $365.00 to Interstate Waste. d. Attorney Wolf will direct plaintiffs half of the settlement funds, $1,667.50 to Attorney Jason D. Arnold on behalf of Plaintiff, which sums may be released to Plaintiff without limitation. By the Court, Al eft . Masland, Jason D. Arnold, Esquire For Plaintiff Marlin Markley, Esquire O1pi85 M 1. S(n For Defendant i?Ii Ig Nathan C. Wolf, Esquire saa NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 KATHRYN A. INGLE-ROSARIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ;--, C o V. : CIVIL ACTION - LAW MA Zt'? CD rn r= -V RICHARD A. ROSARIO, : NO. 2010 - 2882 CIVIL TERM cnr- N rn ac:1 Defendant : IN DIVORCE Q Y o C z = 0 PRAECIPE TO WITHDRAW APPEARANCE OF ?` _ ?`•' ;ta '?'' COUNSEL OF RECORD - < -i - ' TO THE PROTHONOTARY: Please withdraw the appearance of NATHAN C. WOLF, ESQUIRE, as attorney of record for Plaintiff, Kathryn A. Ingle-Rosario, in this matter, as JASON D. ARNOLD, ESQUIRE has now appeared of record as counsel for Plaintiff. Respectfully submitted, WOLF & WOO, Attorneys At Law November 2011 BY: i NAT . WOLF, ESQUIRE 10 W t 9dgh Street Car , PA 17013 717-241-4436 SUPREME COURT ID #87380 INCOME WITHHOLDING FOR SUPPORT D t I I lola? 1C-- ??SB-? Cldl Q ORIGINAL INCOME WITHHOLDING ORDERMOTICE FOR SUPPORT (IWO) Q AMENDED IWO Q ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT Q TERMINATION OF IWO Date: 01/03/12 ? Child Support Enforcement (CSE) Agency ® Court ? Attorney ? Private Individual/Entity (Check One) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions http://www.acf.hhs.gov/programs/ese/newhire/employer/publication/publicalion.htm - forms). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. State/Tribe/Territory Commonwealth of Pennsylvania Remittance Identifier (include w/payment): 7204102270 CitylCounty/Dist.rrribe CUMBERLAND Order Identifier: (See Addendum for ordeNdocket /nforma/ton) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) HERAEUS QUARTZ TECH INC 3016 BOUNDARY ST WILMINGTON NC 28405-8619 Employer/Income Withholder's FEIN Child(ren)'s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s) RE: ROSARIO. RICHARD A Employee/Obligor's Name (Last, First, Middle) 069-54-2485 Employee/Obligor's Social Security Number (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name (Last, First, Middle) E: This IWO must be regular on its face. r certain circumstances you must reject this and return it to the sender (see IWO receive this document from someone other a State or Tribal CSE agency or a Court, a r of the underlying order must be attached. See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (StatefTribe). You are required by law to deduct these amounts ?qm elloyee/ obligor's income until further notice. c E=' ,-,,, $ 0.00 per month in current child support -0 = $ 0.00 per month in past-due child support - Arrears 12 weeks or greater? O'rn Cho -,or t $ 0.00 per month in current cash medical support Ar- I ;7D CJ s $ 0.00 per month in past-due cash medical support r-:z --1p $ 364.00 per month in current spousal support $ 36.00 per month in past-due spousal support $ 0.00 per month in other (must specify) Try t ' for a Total Amount to Withhold of $ 400.00 per month.' CO AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: $ 92.31 per weekly pay period. $ 200.00 per semimonthly pay period (twice a month) $ 184. bZ per biweekly pay period (every two weeks) $ 400.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is CUMBERLAND County, Commonwealth of Pennsylvania (StatefTribe), you must begin withholding no later than the first pay period that occurs ten (10) working days after the date of this Order/Notice. Send payment within seven 7 working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of disposable income for all orders. If the employee/obligor's principal place of employment is not CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe), obtain withholding limitations, time requirements, and any allowable employer fees at http://www.acf.hhs.aov/proarams/cse/newhire/employer/contacts/ contact map.htm for the employee/obligor's principal place of employment. Document Tracking Identifier OMB No.: 0970-0154 Form EN-028 11 /11 Service Type M Worker ID $IATT ? Return to Sender [Completed by Employerlincome Withholder]. Payment must be directed to an SDU in accordance with 42 USC §666(b)(5) and (b)(6) or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: Date of Signature: JAN 0 4 2012 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. ? If checked, the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERSIINCOME WITHHOLDERS Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic 12_ayM2nt 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 /D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: hhttp://ww-w acf hhs.aov/12roaramslcse/newhire/emplgyerlcontactsicontagl m htm Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this 1WO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney),'you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the "Remit payment to" instructions on this form. Reporting-the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State (or Tribal law if applicable) of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employeelobiigor because of this IWO. OMB Expiration Date - 05/3112014. The OMB Expiration Date has no bearing on the termination date of the IWO; it identifies the version of the form currently in use. Form EN-028 11/11 Service Type M Page 2 of 3 Worker ID $IATT Employer's Name: HERAEUS QUARTZ TECH INC Employer FEIN: Employee/Obligor's Name: ROSARIO RICHARD A. CSE Agency Case Identifier: (See Addendum for case summary) Order Identifier: (See Addendum for order/docket Information) 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/obligor's principal place of employment (see REMITTANCE INFORMATION). 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, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: Q This person has never worked for this employer nor received periodic income. O This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/Tribal Payee: New Employer's Name: _ Final Payment Amount: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (_717) 240-6248, by email or website at: www.childsupport.state.pa.us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N HANOVER ST P.O. BOX 320, CARLISLE PA 17013 (Issuer address). To Employee/Obligor If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at www, cchi Idsupport. state. pa, us. IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor. Service Type M OMB No.: 0970-0154 Page 3 of 3 Form EN-028 11/11 Worker ID $IATT ADDENDUM- Defendant/Obligor: ROSARIO, RICHARD A. PACSES Case Number 708111667 PACSES Case Number Plaintiff Name Plaintiff Name KATHRYN A. INGLE Docket Attachment Amount Docket Attachment Amount 2010-2882 CIV $ 400.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 DOB Child(ren)'s Name(s): DOB Addendum Form EN-028 11111 Service Type M oMBNo.:0970-0154 Worker ID $IATT INCOME WITHHOLDING FOR SUPPORT 0 ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT (IWO) 7 L q I I 114 (?o -7 0 AMENDED IWO I t} I V 1 L 0 ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT C-) TERMINATION OF IWO Date: 02/10/12 ? Child Support Enforcement (CSE) Agency S Court ? Attorney ? Private Individual/Entity (Check One) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions http://www acf hhs oov/12roarams/cse/newhire/employer/publication/Dublication.htm - forms). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. Staterrribe/Territory Commonwealth of Pennsylvania Remittance wentifer tinciuoe w?paymem/: icu%W44" City/County/Dist.rrribe CUMBERLAND Order Identifier: (See Addendum for order/docket /nforma/ton) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) EXPRESS SERVICE INC Sent Electronically DO NOT MAIL Employer/Income Withholder's FEIN 840909680 Child(ren)'s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s) RE: ROSARIO, RICHARD A. _ Employee/Obligor's Name (Last, First, Middle) 069-54-2485 Employee/Obligor's Social Security Number (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name (Last, First, Middle) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions http:/hNww acf hhs goy/or rams/cse/newhire! employer/publication/publication htm - form . If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. 8409096800 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND Co unty, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts from the empl oyee/ obligor's income until further notice. c V $ 0.00 per month in current child support co i ?•--... $ 0.00 per month in past-due child support - Arrears 12 weeks or greater? 0 yew + n $ 0.00 per month in current cash medical support tnr- _.. . $ 0.00 per month in past-due cash medical support -<7-M w < K ` CD $ 0.00 per month in current spousal support D - ` ) c $ 0.00 per month in ast-duespousal support - $ 0.00 permonth in other (must specify) , C: for a Total Amount to Withhold of $ 0.00 per month. AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period (twice a month) $ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten (10) working days after the date of this Order/Notice. Send payment within seven 7 working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of disposable income for all orders. If the employee/obligor's principal place of employment is not CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe), obtain withholding limitations, time requirements, and any allowable employer fees at http://www.acf.hhs.gov/proarams/cse/newhire/employer/contacts/ contact_map.htm for the employee/obligor's principal place of employment. Document Tracking Identifier Service Type M OMB No.: 0970-0154 Form EN-428 01/12 Worker ID $IATT ? Return to Sender [Completed by Employer/Income Withholder]. Payment must be directed to an SDU in accordance with 42 USC §666(b)(5) and (b)(6) or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): KEVIN A HESS Print Name of Judge/Issuing Official: Title of Judge/issuing Official: Date of Signature: FEBRUARY 10, 2012 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. ? If checked, the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an elecUgnic payment mathod 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 nonsufEicient 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 Employse/Obligor's Case /dentifler) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: hftp•//www acf hhs aov/programs1 se/newhire/-`employer/contacts/``contact-map.htm Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the "Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State (or Tribal law if applicable) of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date - 05/31/2014. The OMB Expiration Date has no bearing on the termination date of the IWO; it identifies the version of the form currently in use. Form EN-428 01/12 Service Type M Page 2 of 3 Worker ID $IATT Employer's Name: EXPRESS SERVICE INC Employer FEIN: 840909680 Employee/Obligor's Name: ROSARIO RICHARD A. 7204102270 CSE Agency Case Identifier: (See Addendum for case summary) Order Identifier: (See Addendum for orderldocket Information 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/obligor's principal place of employment (see REMITTANCE INFORMATION). 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, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 8409096800 Q This person has never worked for this employer nor received periodic income. O This person no longer works for this employer nor receives periodic income. Please provide the following information for the employeelobligor: Termination date: Last known address: Last known phone number: Final Payment Date To SDU/Tribal Payee: New Employer's Name: New Employer's Address: Final Payment Amount: CONTACT INFORMATION: TQ Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at: www.chiIdsupport.statg,pa.us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST. P.O. BOX 320, CARLISLE. PA. 17013 (Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at www.childsupport.state.pa.us. IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor. Service Type M OMB No.: 0970-0154 Page 3 of 3 Form EN-428 01/12 Worker ID $IATT ADDENDUM Summary of Gases on Attachment Defendant/Obligor: ROSARIO, RICHARD A. PACSES Case Number 708111667 PACSES Case Number Plaintiff Name Plaintiff Name KATHRYN A. INGLE Docket Attachment Amount Docket Attachment Amount 2010-2882 CIV $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): 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 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 Addendum Form EN-428 01112 Service Type M OMB No.: 0970-0154 Worker ID $iATT Y _I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kathryn A. Ingle-Rosario : CIVIL ACTION - LAW Plaintiff ?rn a .1 vs NO. 2010-2882 T> rn ?- DIVORCE Richard A. Rosario Defendant co AMENDED ORDER OF COURT AND NOW, this day of c 201.? , it is hereby ORDERED that: the order issued November 18th, 2011 is amended to include the following; a. Kathryn Ingle-Rosario is hereby authorized to execute any documents including endorsement of the Erie Insurance check made payable to Kathryn Ingle-Rosario, Richard Rosario, Bank of America and Member's 1St Federal Credit Union without obtaining Richard Rosario's notice or consent and both Bank of America and Member's 1St Federal Credit Union are authorized to communicate with Kathryn Ingle-Rosario about the mortgage or loan accounts secured against the property at 6 Mountain View Road, Mt. Holly Springs, PA 17065 without the consent of Richard Rosario. b. Based upon the testimony adduced, Attorney Marlin L. Markley, Jr, is hereby authorized to file a praecipe to withdraw as counsel for Richard Rosario at the above docket. c. The action at the above docket and docket no. 2010-3004 shall be considered consolidated and no further filings shall be accepted at docket no 2010-3004. BY THE COURT: Albert H. Masland, J. Distribution: „s • Jason D. Arnold, Esq. PO Box 6462, Harrisburg, PA 17112 for Plaintiff ? Marlin Markley, Esq., 3920 Market St, Ste 303, Camp Hill, Pa 17011 for the Defendant /Nathan C. Wolf, Esq. 10 West High St. Carlisle, Pa 17013-2922 n P--? ?512MAR 30 AM 9 , KATHRYN A. INGLE-R ? J4 THE COURT OF COMMON PLEAS OF N, SY -' CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ' vs. : No. 10 -- 2882 Civil Term RICHARD A. ROSARIO, CIVIL ACTION - AT LAW - IN DIVORCE Defendant PRAECIPE TO WITHDRAW APPEARANCE To the Prothonotary: Please: withdraw the appearance of Marlin L. Markley, Jr., Esquire on behalf of the Defendant, Richard A. Rosario. Respectfully Marlin L. M e , Jr., Esquire 3920 Mar t S et, Suite 303 Camp Hill, Pe ylvania 17011 Date: March 30, 2012 ID# 84745 el. (717) 635-9538 • y In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KATHRYN A. INGLE vs. Plaintiff RICHARD A. ROSARIO Defendant C Docket Number: 201 2 of PACSES Case Number: 708 7 = Other State ID Number: OMER TO VACATE BENCH W f l INT - DEFENDANT AND NOW, this 27TH DAY OF JULY, 2012 it is hereby Ordered and Directed that the warrant issued on MAY 16, 2011 for the arrest of RICHARD A. ROSARIO, 069-54-2485, is vacated. 3 p ? :r -n nMF r?- M }_ fV -,n > TA X 4 ?y -+o BY THE COURT: /. A604C JU1. 2 7 2012 Bench Warrant Number: C1 --tr'y' Form C-N-049 Service Type M Worker ID 21101 t• In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 JULY 27, 2012 Fax: (717) 240-6248 Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: KATHRYN A. INGLE RICHARD A. ROSARIO 2010-2882 CIV 708111667 Plisse note: All correspondence must Include the PACSES Cass Number. The Domestic Relations Section requests that the Bench Warrant issued on MAY 16, 2011 for RICHARD A. ROSARIO, be vacated for the foilowing reasons: the Defendant making regular payments via wage attachment for the past 5 months. Bench Warrant Number: Signature Service Type M Form EN-519 Worker ID 21101 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KATHRYN A. INGLE Plaintiff vs. RICHARD A. ROSARIO Defendant Docket Number: 2010-2882 CIV PACSES Case Number: 708111667 Other State ID Number: W 37P wrr*- G "- G n t""" t -< ' Co r-`:z PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 1. The petition of RICHARD A. ROSARIO respectfully represents that on JANUARY 4, 2011, an Order of Court was entered for the support of KATHRYN A. INGLE A true and correct copy of the order is attached to this petition. Service Type M Form OM-501 Worker ID 21205 'ty_ INGLE v. ROSARIO PACSES Case Number: 708111667 2. Petitioner is entitled to O increase O decrease X termination O reinstatement O other of this Order because of the following material and substantial change(s) in circumstance: Please state your reason(s) for requesting a modification of your current order here: /-/A< NOT -Z-P Z& 1 a 6 AJ6 6 A-1n/Fc-sl- C' /?[P(A? ?vrLW T 2t Fy! S c!5 -/--b r, Al -t. / E /9N 'c' D ! ?b L C- S,G/ =S I? C ct-e C ??, d 6 v • A? w r-TK A I?it ?= cf?19 n?ic?c F n?C ?,??z .? ?, D C c'A-.i ?r -T- J a ?A= A l A72) D r P L 0 tvi A, A ??6 S b?V c a Nor 41 4 ?t 70 sc1 Peg/LT / > 5f F ff?f r3t?`.v `?Y/?/G? `Ta t? ?E ?+ ? E&d ,, /L f.4 --So-6, AWE =z k4!16 -Tn .1 A P1607-6-c-7?-,7-4'Y o e-tL ACS I4(WS 7- #6-4, t?? 5dW-4 5ot-C P y,? ?°a5 F -n ?s -7'0 !milt' c / FE, ?? Cc)X73 EIL Fl?/?? ss vu d? !-ry L? WHEREFORE, Petitioner requests that the Court modify the existing order for suppo . Petitioner Attorney for Petitioner I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. § 4904 relating to unsworn falsification to authorities. Date Petitioner OF, 6""'5 S ? ^/1?1 Ph4i? /C Form OM-501 Service Type M Page 2 of 2?? ?' Worker ID 21205 KATHRYN A. INGLE, Plaintiff VS. RICHARD A. ROSARIO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 10-2882 CIVIL TERM IN DIVORCE PACSES CASE: 708111667 ORDER OF COURT • r; - z r- AND NOW, this 8th day of August, 2012, a petition has been filed against you, Kathryn A. Ingle, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on August 28, 2012 at 10:30 A.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you CC361 The appropriate court officer may modify or terminate the existing order in any manner based upon the evidence presented. BY THE COURT, Date of Order: August 8, 2012 / A4'ot Cfr?istylee L. Pe 6l, Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD ST. CARLISLE, PENNSYLVANIA 17013 (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference. _. _. r _ _ __ _- - ~ _ - ___ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KATHRYN A. INGLE Plaintiff vs. RICHARD A. ROSARIO Defendant ~ Docket Number: 2010-2882 CIV ~ PACSES Case Number: 708111667 Other State ID Number: Order AND NOW to wit, this AUGUST 28, 2012 it is hereby Ordered that: That the Respondent's modification petition to terminate the Alimony Pendente ..~~ a Lite is dismissed, without prejudice, pursuant to no change in circumstance c i th ~~ ti ss oncern ng e movement in the divorce matter. -~2~ N - This order shall become final within twenty days after the mailing of the notice "~~ ~ of the entry of this order unless either party files a written demand requesting x a hearing before the Support Master. ~'`~ +;V c~a V ~ ~~ BY THE COURT: JUDG ~` ~~ ~, ,, ~~..: ~~ ~~.' ~~: ~; E Form 0E-520 02/ 1 Service Type M Worker ID 21205 KATHRYN A.~INGLE, PLAINTIFF V. RICHARD A. ROSARIO, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 10-2882 CIVIL TERM ORDER OF COURT ~~ AND NOW, this ~3~ day of August, 2012, upon consideration of Plaintiffs Motion for Contempt, a Rule is issued on the Defendant to show cause why he should not be held in contempt. The Rule is returnable and to be heard on Thursday, October 4, 2012, at 1:30 p.m., in Courtroom Number 1. On said date, Plaintiff shall provide proof of service of the motion and order. By the Court, Albert H. Maslan , J. r/ Jason D. Arnold, Esquire For Plaintiff I/ Richard Rosario, Pro se 807 Carolina Beach Ave. N. Apt #2 Carolina Beach, NC 28428 - ~- .., --f / c c~ rat; ,, ~ ~` ~~ ~ ~-Y- --~ ,, c ,.., ~' -.c ~ ~- KATHRYN A. INGLE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD A. ROSARIO, DEFENDANT 10-2882 CIVIL TERM ORDER OF COURT AND NOW, this Zj:? a•4 day of October, 2012, upon consideration of Plaintiffs Motion for Contempt and after hearing thereon at which the Defendant failed to appear despite having proper notice, we ORDER AND DIRECT as follows: 1. Richard A. Rosario is adjudicated in contempt of the orders of court dated February 24, 2011 and November 18, 2011. 2. Richard A. Rosario shall pay the sum of $120.95 as counsel fees incurred by the Plaintiff for the hearing on October 4, 2012 and shall pay the sum of $360 as counsel fees for the hearing in November of 2011. 3. Should Richard A. Rosario contact the counsel for Plaintiff within ten (10) days of service of this order and either pay the above sums or establish a payment plan to the satisfaction of Plaintiff, the court will vacate this finding of contempt upon proper petition by the Plaintiff. By the Court, ? Jason D. Arnold, Esquire For Plaintiff ? Richard Rosario, Pro se 807 Carolina Beach Ave. N. Apt #2 Carolina Beach, NC 28428 Cpp; cs ? , !Pd ?o?i? j i? A e H. Masla d. J. : saa .:`) L.-_ - d U ?a N 0 c? GN -ts