Loading...
HomeMy WebLinkAbout02-1224 CHRISTOPHER 1. RIZZUTO, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LA W ~ : NO. O~ - '~2.y (!,'u~l' '~ : IN DIVORCE KRISTEN N. RIZZUTO, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office, Cumberland County Courthouse, Cumberland, Pennsylvania. 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 TillS 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 Referral Services Cumberland County Bar Association 1 Courthouse Square Carlisle, P A 17013 (800) 990-9108 CHRISTOPHER 1. RIZZUTO, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW ~ NO. 0;2 _ I~~ : IN DIVORCE Gu~l ~~ KRISTEN N. RIZZUTO, Defendant COMPLAINT IN DIVORCE AND NOW, comes the above-named Plaintiff, CHRISTOPHER 1. RIZZUTO, by and through his attorney, ROBERT B. LIEBERMAN, ESQUIRE, and seeks to obtain a Decree in Divorce from the above-named Defendant, KRISTEN N. RIZZUTO, upon the grounds hereinafter set forth: 1. Plaintiff is CHRISTOPHER J. RIZZUTO, an adult individual, residing at 1502 Tussey Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is KRISTEN N. RIZZUTO, an adult individual, residing at 66 James Lee Drive, Chambersburg, Franklin County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 21, 1998 in Chambersburg, Franklin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of United States of America. 7. The Defendant is not a member of the Armed Services of the United States. 8. The Plaintiff has been advised of the availability of marriage counseling and understands that he may request that the Court require the parties to participate in counseling. 9. The Plaintiff avers that the marriage is irretrievably broken. 10. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff, CHRISTOPHER J. RIZZUTO, respectfully requests this Honorable Court to enter a Decree in Divorce pursuant to the Divorce Code. Respectfully submitted, DATED: ~/, g 10),--" I ' ~, , \.-, Robert B. Lieberman, Esquire 500 N. Third Street, 12th Floor P.O. 1004 Harrisburg, P A 17108-1004 (717) 236-1485 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct based upon my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. DATED ocy~;;ir.b;( C2 ~:" -VC,I} rTlfi ~;,: -<- .,'" !;::C) ~' 2.0 "sO >c ~ pP ~ ~ ........ ~i ~Crz~ w . . . ......... ~ B 0 Ul ~ ,()() }..) ""00- ..:J C> ~ . ""-,""",,,,,,,,,""."" 'oJ IV '" ..-"- '~-;~j i~ (vn ~ 5J -< ~ ':J1 (J1 ';"":";"_"',..1"._,;'"'",",',..,:.,.;,-.,;,, "-i!i;;~,;i11, "tell.IS7 AI'l ...., ~OI'~_ or--... 01'....,... VITAL RECOllIlS COUNTY Cumberland DIVORCE 1iI RECORD OF OR ANNULMENT (CHECK ONE) 0 STATE FILE NUMBER STATE FILE DATE SS# 210-66-7195 HUSBAND ,. NAME IFIISII IMiddIol Christopher J. Rizzuto_ 3. RESIDENCE SlrNt Dr R.D. CilJ< -. '" 1ioop. CDunly 1502 Tussey Court, Mechanicsburg, Cumberland, PA 5, NUMBER OF THIS MAARIAGE 8. RACE WHITE l:J BI.ACK o OTHER(~j o WIFE (LMIJ 2. DATE lMontlll (Dan \10., OF BIRTH 10 / 19 / 77 SUM .. PlACE (S1II1' '" FfItfIign Coun'ry) OF l' BIRTH Pennsy van~a 7. USUAl. OCCUPil\'I1ON Consultant SS# 199-54-0204 8. 1oIAI0EN NAME (Fml (M_I (IMtJ I. DATE lMontllJ lOan - OF / Kristen N, Stahl IlIRTH 10 29 / 75 10. RESIDENce S,,","'R.D. CilJ<-''''lIop. Counly - 11. PlACe (SlIIle '" FfItfIign CDunlty) 66 James Lee Drive, Charnbersburg, !"ranklin, PA OF IlIRTH Pennsylvania '2. NUMBER 8. RACE 1., USUAl. OCCUI\fiT1ON OF THIS WHITE IllACK OTHER (SoKIfyj MAARIAGe 1 [] 0 0 Administrative Assistant 15, PlAce OF ~nlyl lSUM '" FfItfIign CounttyJ 18. DATE OF -I (DOYI IY"" THIS Chambersburg, Franklin County, THIS MARAIAGE Pennsylvania lWlAIAGE 8 / 21 / 98 17A. NUMBER OF 178. NUMBER OF DEPENDENT 18. Pl.<lNTlFF 19. DECIlEE GFWfTa) 10 CHILOREN THIS CHILOREN UNOER 18 HUSIIAND WIFE OTHER (SpK;~ HUSIlAHD WIFE OTHERC_Iy) MAARIAGe 0 0 !Xl 0 0 iii 0 0 20, NUMBeR OF HUSIlAHD WIFE SPUT CUSlOOY OTHER (SoeaIyt 21. LEGAL GROuNDS FOR CHILOREN 10 0 0 0 DIYOACE OR ANNULMENT CUSTOOY OF N/A Irretrievable Breakdown 22. DATE OF DECREE ("""'till (0.'(/ nul I 23, DATE REPORT SENT (_till 10 V1TAl ReCORDS (O'YI (~M) 2. SIGNATURe OF TRANSCRIBING ClE~K F:t: ~~ ~g ~~ ~i~ O~I ~8~ 8~~ ~ f;:1 H ~ E=1 H Q Z ~OZ H UZH I.f) u: ?-= '7 '5~ ?=~Z ---~ ('}2 _,- C./) .-"~Z (T'~?" I,,: J I..Ll ~1 (l- ::.) (.) L._ "'-I c.': '11..: ""'.~ ('"j ..~ lH lH .,-i .j.J , C ~~ NP-; N H 0:; >-:l ! (J) ~ .j.J ~ Q) lH ,85 ~ N N H 0:; i ~ ~ ~ j ~ '" ~ ~1! - ~ ;S ~ ;oJ:: "" loll:: 8CS~ - ......c li:- ~ ~~~:EJ~ lXl ila "il. c: <....ol,!Oii "'" f-<.... .....~p., ~!<~ ~ ;3 ~ 1 - ~ :I! :> . Z ~ (J) ~ ROBERT B. LIEBERMAN ATTORNEY AT l"AW CHRISTOPHER J. RIZZUTO, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 02-1224 CIVIL TERM KRISTEN N. RIZZUTO, : CIVIL ACTION - LAW : IN DIVORCE Defendant ACCEPTANCE OF SERVICE I, Douglas G. Miller, Esquire, attorney for the Defendant in the above-captioned matter, hereby agree on behalf of my client, Kristen N. Rizzuto, to accept service of the Complaint which was filed on March 12, 2002. ~ II ;1A~1I~ Douglas . Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, P A 17013 Attorney for Defendant Date: ~ r2~ ,2002 (") c < ""'0(1'-'; S29:: 2:::C 0) J. r:;C' :::"::- ~~3 ~ (-~ ,-' J~0 n '1 ~ ~_._'" ~:J N 1'0 --'"1 r--- 1:"li ~::'r ',' .'0 ,_ ~:'_:j ,- -. ~ C) ~) rn i} -< c.,,.) ,~n .",", CHRISTOPHER J. RIZZUTO, PlaintifflRespondent, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 02 -1224 CIVIL TERM KRISTEN N. RIZZUTO, DefendantlPetitioner. IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes Petitioner, Kristen N. Rizzuto, by and through her attorneys, Irwin, McKnight & Hughes, Esquires, and petitions the Court as follows: 1. Petitioner is the above-named Defendant, Kristen N. Rizzuto, an adult individual currently residing at 66 Jameslee Drive, Chambersburg, Pennsylvania 17201. 2. Respondent is the above-named Plaintiff, Christopher J. Rizzuto, an adult individual currently residing at 1502 Tussey Court, Mechanicsburg, Pennsylvania 17050. 3. Petitioner's date of birth is October 27, 1975, and her Social Security number is 199-54-0204. 4. Respondent's date of birth is October 19, 1977, and his Social Security number is 210-66-7195. 5. The Petitioner is employed as an administrative assistant at Pinnacle Risk Management Services. Her net monthly income, as determined at the Domestic Relations conference on April 24, 2002, is $1,219.54. 1 6. The Respondent is employed as a computer consultant at Informatrix. His net monthly income, as determined at the Domestic Relations conference on April 24, 2002, is $4,304.74. 7. The Petitioner is unable to support herself in the lifestyle to which she has been accustomed during the marriage of the parties. 8. The Petitioner is in need of alimony pendente lite in order to support herself and defend the divorce action filed at the above docketed number in the Court of Common Pleas of Cumberland County by Respondent. 9. Respondent has sufficient income and earning capacity, as well as assets, to support the Petitioner or to assist in supporting Petitioner and to pay alimony pendente lite to Petitioner. WHEREFORE, for the above reasons, Petitioner, Kristen N. Rizzuto, respectfully requests this Honorable Court to enter an Order of Alimony Pendente Lite in this matter pursuant to the determination of the Hearing Officer at the Domestic Relations conference on April 24, 2002, in the amount of $1,234.08 per month. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: Date: April 24, 2002 Miller, Esquire Supreme ourt 1.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for DefendantlPetitioner, Kristen N. Rizzuto 2 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: ~dt/ ,oJ CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: ROBERT B. LIEBERMAN, ESQUIRE 500 NORTH THIRD STREET TWELFTH FLOOR P.O. BOX 1004 HARRISBURG, PA 17108-1004 Date: April 24, 2002 IRWIN, McKNIGHT & HUGHES Douglas Supreme ourt 1.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff, Kristin J. Rizzuto o c <" -oiji r1"lf\- ;~ ~~:-; 65)-:: -.;... r::::C_~' )>C) ,c: (j .Pc ~ ("J "" ::-. -n :,,"':J N ~'-. " J= In Cl (~ ,":,);li .:..:;;,"~ J (~fTl -l ~ -< -u ::~ r:- ~=> 'D CHRISTOPHER J. RIZZUTO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, CIVIL ACTION - LAW KRISTEN N. RIZZUTO, Defendant NO. 02-1224 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of May, 2002, upon consideration of Defendant's Petition for Alimony Pendente Lite, the petition is referred in the first instance to Rickie Shadday of the Domestic Relations Office. BY THE COURT, Robert B. Lieberman, Esq. 500 North Third Street Twelfth Floor P.O. Box 1004 Harrisburg, P A 17108-1004 Attorney for Plaintiff _ ~ ~ .5/~/o;1.. ..>3. '1' . Douglas G. Miller, Esq. 60 West Pomfret Street Carlisle, P A 17013 Attorney for Defendant Rickie Shadday - )I a.rtI ~:tuV Domestic Relations Office 5/3/0;) Au :rc I V;N\-(i\l/..SNN3d I I'r('h,-, r' ,,~, '-'"''^In''' ,'\..J..I\, :1_),) '.,:'\';' !(c::V'i~ Iv Q I :?I',}) I' I PLI ZO u .... ~.J c...... A \f n ' l\tJV'JC,)\j(Ji :10 3~'i:L~CJ-{Jj"j;:l CHRISTOPHER N. RIZZUTO, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. CIVIL ACTION - DIVORCE KRISTEN N. RIZZUTO, DefendantIPetitioner NO. 2002-1224 CIVIL TERM IN DIVORCE DR# 31687 Pacses# 197104486 ORDER OF COURT AND NOW, this 6th day of May, 2002, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,219.54 and Respondent's monthly net income/earning capacity is $4,304.74, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $1,234.00 per month payable monthly as follows; $1,234.00 for alimony pendente lite and $0.00 on arrears. First payment due within five days upon receipt of this order. Arrears set at $1,234.00 as of May 6,2002. The effective date of the order is April 24, 2002. The retroactive balance of$I,234.00 is to be paid in full within five days upon receipt of this order. 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.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 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 P A SCDU to: Kristen N. Rizzuto. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PASCDU P.O. Box 69110 Harrisburg, P A 171 06-911 0 Payments must include the defendant's P ACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses that exceed $250.00 annually are to be paid 0% by the respondent and 100% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Respondent to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the 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. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J, Shadday Mailed copies on 5-6-02 to: < BY THE COURT, Petitioner Respondent Douglas Miller, Esquire Robert Lieberman, Esquire Edward E. Guido 1. "t 0 C') 0 c: N -," :::;-:: ~ -. ..0 C~-: ~:::::lI fi'j fT -< , "'1J C- F-.. I 1""'1 O'!- , OJ l-::J -,' I (~ r'-' C " ~\-::: -....::"J -1~ ;~ C'_' " C) );,> c:' "J l'~) .'"'Tt C.:,: " -j 2' '"1:-.". :;J \0 ::"''J , -< State Commonwealth of Pennsylvania Co.lCity/Dist. of CUMBERLAND Date of Order/Notice 05/06/02 Court/Case Number (See Addendum for case summary) ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT );,d, ~O;:). -/)-~V C/t/lL fJF1C<;fS' /'77itJl/Lff-' l);t ;j,/f.&, t 7 @ Original Order/Notice o Amended Order/Notice o Terminate Order/Notice ) RE: RIZZUTO, CHRISTOPHER J, ) Employee/Obligor's Name (Last. First, Mil ) 210-66-7195 ) Employee/Obligor's Social Security Number ) 6107100940 ) Employee/Obligor's Case Identifier ) (S"" Addendum for plaintiff names associated with cases on attachment) ) Custodial Parent's Name (Last, First, Mil ) EmployerlWithholder's Federal EIN Number INFO-MATRIX CORPORATION EmployerlWithholder's Name 3 BONNYWICK DR EmployerlWithholder's Address HARRISBURG PA 17111 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's!obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1,234.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes <Xl no $ 0.00 per month in medical support $ 0 , 00 per month for genetic test costs $ per month in other (specify) for a total of $ 1,234.00 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: $ 284,77 per weekly pay period. $ 569,54 per biweekly pay period (every two weeks). $ 617,00 per semimonthly pay period (twice a month). $ 1.234,00 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 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 pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCOU Send check to: Pennsylvania SCOU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED, DO NOT SEND CASH BY MAIL. Date of Order: MAY 7 2002 BY THE COURT: ~ eM_H GO~:;~ Form E N-028 Worker ID $IATT Service Type M IW 1I.11_Ir~MBNO.:0970-0154 ~iration Date: 12/31/00 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If checked you are required to provide a copy of this form to your employee. 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 tl,e PaydatelDate of Witl,holdil,g. You nlu~t lepol1 the p&ydateldate of "itl,l,oldilog ~hel, ~el,dilog the paymel,t. TI,e paydateldate of "itl,holdilog i~ tl,e date 01, "hid, amount "a~ "ithheld 110m lI,e e,,,ployee'~ "age~. You must comply with the law of the state of the employee's1obligor'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's1obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) S. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S 10: 2517885700 EMPLOYEE'S/OBLlGOR'S NAME: RIZZUTO, CHRISTOPHER J. EMPLOYEE'S CASE IDENTIFIER: 6107100940 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's1obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 10. *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. Requesting Agency: 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 (71 7) 240-6225 or by FAX at (717\ 240-6248 or by Internet @ Page 2 of 2 Form EN-028 Worker ID $IATT Service Type M OMB No.: 0970-0154 Expiration Date: 12/31/00 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: RIZZUTO, CHRISTOPHER J. 197104480/.3/& ft7 PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name KRISTEN N, RIZZUTO Docket Attachment Amount 02=1224 CIVIL$ 1,234.00 Child(ren)'s Name(s): DaB ....".........,..,.............,',',.........,",,',.........,""".........,',',',',......,.,',",.........,',',',"," ,',',',' ..............,...""...... .,""'"'' ,............,..'...," ,,""'-' ,...,."......".,.., ,....,'..,....,,".. ;.;.;..;..;.;.:.:.;-;.;.;.;.;.:;.;..:.;-:.:.:-:.:-:.:.;.:;:";'<':';-:':';':';':::;::';'-;';';';';';';';':'::-:'":,;,:,;,;,:,:;:;:,::,,:;.,..:.:.;.:.;.:;::::.:.;.:,.;.:,;,:,:,:;:;:;:;.,:,.;:.::.:;:.-.:::-::,-.:.:-,:.;:':;:;:::;::.:.-::'-" .......,.-.',...,'...'....,'......,',..'.....'....,.',........'..,.,...,....."....'.....'..,'.....-..,-:.,...'......,..,.....,',.',',..,....,..,,'..',','...,.','.....:"..,....,........,...,.. ..... tJlfcl1~k~,y~~~r~~eq~i~toe~;~lItl1~~hild(ren) ,,""" identified above in any health insurance coverage available through the employee's1obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB ',',..... """""",........,',',',',,,.........,",",,...,..,,,',.......,,",""".."..."',,,.,,',..",",.,..,.,"" ".,""" "".,"""'" ,""""""."""'" ..",.,..,. ,."".,..,...,."".,. .,..,."".,.. '::',:':::::::::::',::,::::::,:::',:':-,:-::::;:::::,::,.',::::,.',::::,:::::::-:,::::::,.',::,::::,,::.<,..:::::::::::,::::,::,::,::,:::::'::::::::':::::,'::,::,::,:::::::'.::-::::::::,::::-:,::::::.:::::':::::::::::;:,::::::::,::::',.',<:',::,-:::: ',.."..,'"..,' ,',..... ,'"'"',,..,, "',,..,....... "".""..",'""..""...,'"...." "", "',',' .... ..........,. ....... ......., ........ ........ ...........". D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's1obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): Da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dlfche~k~, y~~ ;re re<1~i;edt~~n;ollth~ ~hild(re~) identified above in any health insurance coverage available through the employee's1obligor's employment. Service Type M Attachment Amount $ 0.00 Child(ren)'s Name(s): Docket DaB you are required to enroll the child(ren) in any health insurance coverage available employee's1obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0,00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) above in any health insurance coverage available employee's1obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. Addendum Form EN-028 Worker ID $IATT QMB No.: 0970-0154 Expiration Date: 12/31/00 o ~~ 'Ji--;:') n-Irr- "":-.' '~r ~[ CO"_ -< .~ r::L-) ::-. ~F~~ >c: :z: ~ c:) r"...) ::r,: '-; _~';W :,~< :-) -'1 I CO -r.' =.:: 1'-) '0 CHRISTOPHER N. RIZZUTO, PlaintifflRespondent VS. KRISTEN N. RIZZUTO, DefendantlPetitioner d-l CC;S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2002-1224 CIVIL TERM IN DIVORCE DR# 31687 Pacses# 197104486 DEMAIS:D FOR HEARING DATE OF ORDER: May 6,2002 AMOUNT: $1,234.00 per month FOR: Alimony Pendente Lite REASON(S): The amount of APL entered is ina ro riate in li ht of the exist' n quidelines and applicable law, PARTY Fll..ING DEMAND FOR HEARING: fAt.::!: k. ~. M-. Signature (JJ:;("~ ~ r f ~+((tl ~G,..+ 5 -/ tf,. (J ').-- Date \. , , , ;: ~' /It ,,~(.. \ " It: ~ .Ot.': ',,' (") 0 0 C N -'-0 ~ :x "'-j -OeD J:>o ~EFJ [!Jrn -< ;z: '""', .....IT] -'- 65> (.J1 :;-;\yJ -.-" ";0 ~6 -0 ~'~':H ~o :J::: '''>-0 >0 ca Om C '-1 ~ ?5 ex> -< J. '. ,~ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KRISTEN N, RIZZUTO ) Docket Number 02-1224 CIVIL Plaintiff ) vs. ) PACSES Case Number 197104486 CHRISTOPHER J. RIZZUTO ) Defendant ) Other State ID Number ORDER OF COURT You, KRISTEN NICOLE RIZZUTO plaintiff/defendant of 66 JAMES LEE DR, CHAMBERS BURG , PA. 17201-8227-66 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the JULy 16, 2002 at 1:30PM for a hearing, You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, " 2. your pay stubs for the preceding six (6) months, n~ 3. verification of child care expenses, and g -" 4. proof of medical coverage which you may have, or may have available to r= 5. information relating to professional licenses ~ = 6. other: 5(") -" Form CM-509 Worker ID 21302 Service Type M RIZZUTO V. RIZZUTO PACSES Case Number: 197104486 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. An appropriate order may be entered against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: G 24 02- JUDGE YOU HAVE THE R1GIIT TO A LAWYER, WHO MAY ATTEND THE HEARING 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 CO BAR ASSOCIATION 2 LIBERTY AVE CARLISLE PA 17013-3308-02 (717) 249-3166 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 infonnation 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, Page 2 of 2 Form CM-S09 Worker ID 21302 Service Type M o c: ~ I"} fr; OJQ! ?:'"-'I -;,C- C.),.'._ ;::S ;:- f f' ..-....... ?: (~~, <--C )o'C;;~' ""- -' -< " } (..0 a (',.) c..... c:: == ,"J '--..J (-) 'fJ _~I I~,,? In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KRISTEN N. RIZZUTO ) Docket Number 02-1224 CIVIL Plaintiff ) vs. ) PACSES Case Number 197104486 CHRISTOPHER J. RIZZUTO ) Defendant ) Other State ID Number ORDER OF COURT You, CHRISTOPHER JAMES RIZZUTO plaintiff/defendant of 1502 TUSSEY CT, MECHANICSBURG, PA, 17050-7695-02 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the JULY 16, 2002 at 1: 30PM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to 5. information relating to professionailicenses 6. other: Service Type M Form CM-509 Worker ID 21302 RIZZUTO v. RIZZUTO PACSES Case Number: 197104486 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity, An appropriate order may be entered against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: -fJ 24102- JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING 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 CO BAR ASSOCIATION 2 LIBERTY AVE CARLISLE PA 17013-3308-02 (717) 249-3166 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. Page 2 of 2 Form CM-509 Worker ID 21302 Seryice Type M V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 197104486 NO. 02-1224 CIVIL TERM CHRISTOPHER J. RIZZUTO, Plaintiff/Respondent KRISTEN N. RIZZUTO, DefendanUPetitioner INTERIM ORDER OF COURT AND NOW, this 19th day of July, 2002, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The husband shall pay to the State Collection & Disbursement Unit in Harrisburg, Pennsylvania, for transmission to the wife the sum of $1,199.00 per month as alimony pendente lite. B. Except as modified herein, the order of May 6, 2002, shall remain in full force and effect. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within ten (10) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. RC.P. If written exceptions are filed by any party, the other party may file exceptions within ten (10) days of the date of service of the original exceptions. If no exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order. By the Court, CC: Christopher J. Rizzuto Kristen N. Rizzuto Robert B. Lieberman, Esquire Douglas B. Miller, Esquire DRO V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 197104486 NO. 02-1224 CIVIL TERM CHRISTOPHER J. RIZZUTO, Plaintiff/Respondent KRISTEN N. RIZZUTO, DefendanUPetitioner SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on July 16, 2002, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff in this divorce action is Christopher J. Rizzuto, who currently resides at 2613 Cinder Street, Chambersburg, Pennsylvania. 2. The Defendant is Kristen N. Rizzuto, who currently resides at 66 Jameslee Drive, Chambersburg, Pennsylvania.' 3. The parties were married on August 21, 1998. 4. There are no children of the marriage. 5. The parties separated on or about February 11, 2002, when the husband requested the wife to move from the marital residence. 6. On or about March 12, 2002, the husband commenced this divorce action. 7. On or about April 24, 2002, the wife filed a petition for alimony pendente lite (hereafter "APL"). 8. The wife is employed as an administrative assistant for Pinnacle Risk Management Services, Inc. where her gross monthly income is $1,582.00. 9. The wife currently resides with her parents. 10. Since the separation the wife has been paying approximately $579.00 per month on a loan and credit card bills for items purchased and charges made during the marriage. 1 The parties will hereafter be referred to as the husband and the wife. Exhibit "A" 11. Since June, 2002, the wife has been paying approximately $375.00 per month on the mortgage encumbering the martial residence. 12. Immediately following the separation the husband remained in the marital residence. 13. The husband moved from the marital residence in late May and currently resides with a female roommate with whom he shares expenses. 14. The husband paid the mortgage while residing in the marital residence and has been paying approximately $390.00 per month on the mortgage since June, 2002. 15. The husband is employed as a consultant for Info-Matrix Corporation where he earns approximately $1,442.00 per week. DISCUSSION Whether to award alimony pendente lite has traditionally been a matter within the discretion of the trial court. Litmans v. Litmans, 673 A.2d. 382 (Pa. Super. 1996). If an award of APL is warranted, the amount of that award is calculated in accordance with the support guidelines. Little v. Little, 47 Cumberland L. J. 131 (1998). Before that calculation is made, however, a determination must be made as to the entitlement to the award. Clouse v. Clouse, 50 Cumberland L.J. 167 (2001). To be entitled to an award of APL, a claimant must show that APL is needed to adequately prosecute or defend the divorce action. Litmans v. Litmans. SUDra. The purpose of APL is to prevent one spouse from being financially disadvantaged during the pendency of the action as compared to the other. Powers v. Powers, 615 A.2d. 459 (Pa. Super. 1992). Traditionally the fact that one spouse may earn less than the other does not automatically entitle him or her to an award of APL. Sutliff v. Sutliff, 474 A.2d. 599 (Pa. Super. 1984), overruled on other arounds, Rosen v. Rosen, 549 A.2d. 561 (Pa. Super. 1988). In determining whether an award of APL is appropriate in a case, the trier of fact may consider the husband's ability to pay, the separate estate and income of the wife, and the character, situation, and surroundings of the parties. Orr v. Orr, 461 A.2d. 850 (Pa. Super. 1983). The husband has conceded that because of the significant disparity in the incomes of the parties, the wife is entitled to an award of APL. He argues, however, that the award should not be an amount calculated pursuant to the support guidelines. However, he overlooks the mandate contained in Pa. R.C.P. 191 0.16-1 (b) which states that "[t]he amount of support (child support, spousal support or alimony pendente lite) to be awarded pursuant to the procedures under Rules 1910.11 and 1910.12 shall be determined in accordance with the support guidelines. . . . " (emphasis added). Although the award may be subject to deviation if the circumstances of the case warrant, the starting point is the calculation of a guideline figure. The wife has a gross monthly income of $1 ,582.00. If the divorce action is not finalized in 2002, both parties will file federal income tax returns as married/separate. The tax deductions shown on Exhibit A are calculated on this filing status. After the permitted deductions, her net monthly income is $1,275.00. The husband has gross monthly income of $6,249.00. After the permitted deductions, his net monthly income is $4,273.00. The husband's monthly APL obligation to the wife as calculated pursuant to the guidelines is $1,199.00.2 A support obligation calculated pursuant to the guidelines is presumed to be correct, but the presumption can be rebutted by evidence that the guideline award is unjust or inappropriate under the circumstances of the case. Landis v. Landis, 691 A.2d. 939 (Pa. Super. 1997). There is no such evidence in this case. The wife is paying $579.00 per month on a bill consolidation loan and credit card debt for obligations incurred jointly by the parties during the marriage. She is also paying $375.00 per month on the mortgage encumbering the marital residence despite the fact that the husband voluntarily chose to move out of the residence to reside with a female friend. Although her day-to-day living expenses are greatly reduced because she is presently residing with her parents, after the payments are made on the various joint debts as stated, the guideline award effectively provides her with only $245.00 per month to supplement her income and to litigate the divorce action. There is no reason to deviate downward from the guideline support figure as suggested by the husband. RECOMMENDATION A. The husband shall pay to the State Collection & Disbursement Unit in Harrisburg, Pennsylvania, for transmission to the wife the sum of $1,199.00 per month as alimony pendente lite. B. Except as modified herein, the order of May 6, 2002, shall remain in full force and effect. ":! v...~ \ tt, 2. 00 2,.. Date ~ (L..-ill ~tLk Michael R. Rundle Support Master 2 The calculation is shown on Exhibit B. In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: Tax Year: 1. Fling Status Kristen N. Rizzuto Christopher J. Rizzuto 02-1224 Civil 197104486 $327.08 $250,00 $5,671.59 $1,301.91 6. Deduction Amount 7. Exem tion Amount 8. Income MINUS Deductions and Exem tions 9. Tax on Income 10. Child Tax Credit 11. Manual Ad'ustments to Taxes 12. Federal Income Taxes 12 a. Earned Income Credit 13. State Income Taxes 14. FICA Pa ments 15. City Where Taxes Apply 16. Local Income Taxes SupportCalc 2002 $1,301.91 $174.96 $436.05 $62.49 TOTAL Taxes $1 975.41 Exhibit "I!." 1 $1,582.00 $327.08 $250.00 $1,004.92 $125.74 $125.74 $44.30 $121.02 --Select-- $15.82 $306.88 In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: Kristen N. Rizzuto Christopher J. Rizzuto 02-1224 Civil 197104486 Net Income $4,273.26 $1,275.12 $2,998.14 3. Difference 4, Less Child Obli ation for Current 5. Less All Other Su ort ort $2,998.14 7. Multi I b 30% or 40% 40.00% 8. Amount of Monthl S ousal $1,199.26 Date: 7/17/2002 SupportCa/c 2002 Exhibit "B" Ilmm PINNACLE ISIMS p,o. BOX 19990 PORTLAND, OR 97280-0999 Taxable Marrtal Status: Married Exemptions/Allowances: Federal: 0 State: N/A Earnings Regular Holiday Vacation Social Securrty Number: 199-54-0204 rate hours this period 9.7339 73.75 717.88 9.7339 7.50 73.00 year to date 9,119.07 212.06 573.61 9,904.74 ~9i~!l'~Y$7~iHI)$ Deductions Statutory Federal Income Tax Social Security Tax Medicare Tax PA State Income Tax Other Checking 1 Medical Exempt 401(K) $ 122.50 1,485.69 -38,60 -47.95 -11.21 -21.65 480.30 606.50 141.84 273.89 -535.34 -17.50* -118.63* H.f!l'~y? \:'$QjijQ> * Excluded from federal taxable wages Your federal taxable wages this period are $654.75 Earnings Statement Period Ending: Pay Date: 07/1 5/2002 07/15/2002 KRISTEN N RIZZUTO 66 JAMESLEE DRIVE CHAMBERSBURG, PA 17201 Other Benefits and Information Float Vacation this period total to date 22.50 32.89 Cl!l91 ADP.lre De osited to the account of KRISTEN N RIZZUTO "nk of Am transit ABA 2313 7997 NON-NE PLAINTIFPS EXHIBIT l WH In the Court of Common Pleas of County, Pennsylvania Phone: Fax: Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: Please note: AU correspondence must include the PACSES Case Number. Income and Expense Statement THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or part, you must also fill out the Supplemental Income tatement which appears on page two of this income and expense statement. ) INCOME STATEMENT OF Itemized Payroll Deductions: Section I: Income and Insurance INCOME: Employer Address Type of Work Payroll No, Gross Pay per Pay Period $ Federal Withholding $3i'.,.... Social Security H..nq,'i' Local Wage Tax $ State Income Tax $..:)I,/D' Retirement $ /JF;/.1 Savings Bonds $ Credit Union $ Lite Insurance $ Health Insurance $ f VIa Other Deductions (specify) $ $ $ $ Net Pay per Pay Period $ 55 S': JS' OTHER (Pill in Appropriate Column) INCOME WEEK MONTH YEAR Interest $ $ $ Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Workmen's Compensation Other Other TOTAL $ $ $ TOTAL INCOME $ PROPERTY Ownership * OWNED DESCRIPTION VALUE H W J Checking Accounts $ Savings Accounts Credit Union Stocks/Bonds Real Estate Other TOTAL 1$ * H=Husbaud: W=Wifp' . PLAINTIFPS EXHIBIT Service Type 2 t-FH J Income and Expense Statement PACSES Case Number Coverage .. INSURANCE COMPANY POLICY # H W C HosDita1 Blue Cross Other Medical Blue Shield Other Health! Accident Disability Income Dental Other * H=Husband; W=Wife; C=Child Section II: Supolemental Income Statement a. This form is to be filled out by a person o (1) who operates a business or practices a profession, or o (2) who is a member of a partnership or joint venture, or o (3) who is a shareholder in and is salaried by a closed corporation or similar entity. b. Attach 10 this statement a copy of the fOllOWing documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (I) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement c. Name of business: Address and telephone number: d. Nature of business (check ODe) o (I) partnership o (2) joint venture o (3) profession o (4) closed corporation o (5) other e. Name of accountant, controller or other person in charge of financial records: f. Annual income from business: (I) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: Service Type Page 20f3 Form IN-D08 Worker ID _" .n"._..._,.~,....,.__"~,..,.. . ...~..,..,,~,.,,_.~,...'"..~ , . Income and Expense Statement PACSES Case Number Section III: Expenses Instructions: Only show extraordinary expenses in this section unless you filled out Section II on page two. The categories in BOLD FONT are especially important for calculating child support, If you are requesting Spousal SupporV APL or if you assert your case cannot be detennined according to the guideline grids or formula, this section must be fully completed. (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home Y.-v1lJ.'"j ... /\^ I ",llr 11 J( J( Mortgage/Rent $ ..J.L $31,",.1\ $ Maintenance Utilities Electric $ $ $ Gas Oil Telephone Water Sewer Emnlovment Public Transport. $ $ $ Lunch Taxes Real estate $ $ $ Personal Property Insurance Homeowner's $ $ hll-l-h /OJ ,SJj., i [ l~'" h Automobile U6.~.;l") I Life Accident Health -,-f;6.()l> Other Automobile Payments $ $2Tk.M $ Puel t06.f>O Repairs Medical Doctor $ $ $ Dentist Orthodontist Hospital Medicine I Special needs (glasses. braces, .vie"'l ~ EXPENSES (Fill in Appropriate Column) (continued) WEEK MONTH YEAR Education Private School $ $ $ ParocbiaJ School College Religious Personal Clothing $ $ $ Food Barberi .Hairl!n:sser Credit Payments LJ .2 Loo Credit Card Charge Memberships Loans Credit Union $ $ $ I( ';, III- ,"/llI I."\:?d.l Miscellaneous Household Help $ $ $ Child care Paperslbooks Ma~azines Entertainment Pay TV Vacalian Gifts Legal rees :JOIH,O Chantable Contributions other Child ,...mnn..; AJfuiony Payment. Other $ $ $ WEEK $ Service Type Page 3 of3 Form IN-008 Worker ID . . www.citifinancial.com ~ The seruice you trust is now auailable right at your fingertips. Ever wish you could apply for a loan, get financial options, and get your questions answered in one place? Now you can at www.citiflnanclal.coml At www-f-Itifinancial.com, you'll find answers to your financial questions-rigll! from your own home, Detailed explanations of our products and services make it easy to choose the one that besl suils your needs, If It's Information you're after, you can count on ollr online services, including our Financial Wisdom newsletter, lor the tools you need to make smart decisions, Visit www,citifinancial,com today and discover all that CitiFinancial can do for YOll, cffifinancial G) -- LENDER EXCITING SPECIAL OFFER: Receive 15% off Quicken(r) TurboTax(r) for the Web(sm) ...simply go to WWW.citifinancial.com/taxofferto get your e-vouchercode so you can file your taxes tOday and SAVE! Total Payment Due 04/05/02 $7816.77 $153.27 Due Date Prior Balance $7 970.04 Current Balance" *Payments received after the 'as of' dale wi not be reflected on this statement. Please maiJ your payment 5-7 days prior to the due date to ensure that it is received by us on or before the due date. OESCRIPTION AS OF PAYMENTS APPLIED TO APPLIEO TO SERVICES! 03/1 S/02 & CREOITS BALANCE INTEREST/FEES PROOUCTS Previous Amount Billed 02/14/02 153.27 Regular Payment Amount 04/05/02 153.27 Payment 03/13/02 -153.27 -153.27 RSGE01 771 'NOTE: Not a PavofI Balance. Oaferred interest, if any, not included. Your c,ontl'$Cl m,a y, p,rovidaJor.arefilnd ~ ,ulll!8med interest or a prepayment p~1lv ij the account is prepaid. In add~ion. if your aCcount has been extended, is '/nleresf short.' or if a check in payinent oh' Sheen relIIrried ll/lpa!d, there maybe unpaid Iare charges, interest or NSF check charges no reflected on this statement. If your account is precomputed andyo~ have rllC8IV, .l!n8ior.the ext.8IJsion fee charge is 1101 reflected on 1his statement. FOR STATEMENT INQUIRIES: CitiFinancial 3401 HARTZDAlE DRIVE #126 POBOX 13 CAMP Hill, PA 17001-0013 (717) 737-0431 In Pennsylvania; CitiFinancial, Inc.: CiliFinancial Services, Inc. c~D'oITrONAL FUNDS, CALL 17),737-0431 9lJIi ACCOUNT NUMBER: 0799~0399725 ,....., f:.,;;:"'? ~~\~?' PLAINTIFFS EXHIBIT _ 3 ~H_J " ,........ "'--:;>.',','-"'.' ;,....~;,....,;--:..:..;:.';-~i':,_<",,'"__:'""", , . Discover Platinum Card Account Summary account number payment dus da. minimum payment due - credit limit _ credit available _ cash ctedit limit cash credit available - Closing Date: March 11, 21102 page 1 012 6011 002860149137 April 1 0, 2002 $281.00 $7,000 $0 $3,500,00 $0.00 ~ ~\~~.1 previous balance payments andcreclits purchases cash advancss balance transfers FINANCE CHARGES new balance You may ba able to 8NOid Periodic Finance Chatges. see the reverse side for detals. $6,924.71 0.00 + 64.00 + 0.00 + 0.00 + 101.59 = $7,090.30 Transactions Other/Miscellaneous trans. date Marl1 Marll post date Marll Marll ~ ;oj ~ :r ~ .... '" o " r- X .... ~~\w\O;) OV'....rr FEE ~\ 'Lft\,~ LATE FEE U UU $ 29.00 35.00 ....... A 7TENTlON ....... ATTENT/ON ....... A 7TENTlON ....... ATTENTION ....... A 7TENTlON ....... Your account is past due. Please pay the past dus amount now, or contact us to make other IlmIIIgements. We understand how important your credit is to youl Please remember that we must receive payments by thepayment dua date. For your convenience, you may make payments online at Discove/Cl//'d.com, over tha phone (processing fee extra), or by mail. Allow 7 to 10 dar- for mail delivery. Transaction Average Daly ANNUAL Periodic Fee Daily Penodic PERCENTAGE FINANCE FINANCE Rats Balances Ratss RATES CHARGES CHARGES Plan - CUrtent bilUng period: 28 dar- Purchases $6973.57 0.05203" 18.99" $101.59 none fixed Cash Advances $0 0.057!i1 " 20.99" $0 $0 fixed Questions? Call1-800-DISCDVER (1-800-347-2683) or log on to Dlscaven:ard.com. For TOO (Telecommunication Device for the Deal) a.llIt.n.... ... reve... side, Send ~llIlng enor lIoUc:eto: Olscover Platinum: P,O. Box 15192; Wilmington, DE 19850-5192. ---.-----__.."_4...._..,__~.~,_.~____._~..,., .... ~ - = - - .... - - - - ~ Account Numb... 5121.0717-8278-4478 rvloe,1-80G-66908488 10F1 BIlling Cycle Clang Date 04J071ll2 Payment Due Date 05105102 Regular Transactions Trana Poat Date Date 03,08 03,08 03,30 04-01 Q4.Q2 04,03 -""-"""'.,."""'.,......."""-"""-_........_.~..".,'~-"~"..,..,. '..""'..;_..,.,~..'._.'4 DATE STORE REFERENCE NUMBER DEPT, NO. BON'TON TRANSACTION DESCRIPTION PURCHASES & PAYMENTS, RETURNS OTHER CHARGES & OTHER CREDITS 3/19 50 20049201 PAYMENT, THANK YOU 20.00 () ~ ~\o'J- ~ LA\l \b11 ~ , lfl IY\I HOP IN FOR KIDS' EASTER SAVINGS STARTING WED. ,MARCH 20.TAKE 25-30% OFF ALL EASTER DRESSES,ORESSWEAR AND ACCESSORIES FROM RARE EDITIONS,JENNY, BYER,BABY TOGS,RIVIERA,TRIMFIT AND MORE.SALE ENDS SAT. ,MARCH 30. PREVIOUS TOTAL PURCHASES TOTAL TOTAL fiNANCE THIS IS YOUR PAYMENT THIS IS YOUR BALANCE & OTHER CHARGES CREDITS PAYMENTS CHARGE NEW BALANCE OVERDUE MINIMUM PAYMENT 409.50 0.00 0.00 20.00 7.21 396.71 0.00 19.00 AVERAGE PERIODIC ANNUAL BON'TON ACCOUNT ACCOUNT Bill CLOSING DATE DAilY BALANCE RATE % RATE INfORMATION NUMBER 400.761 1.8% 21. 6% I CREDIT LINE $600 105691299 4/21/02 AVAIL CREDIT $203 -....._~..M....._"-..._~..~_..,,,...,,_,_. POSTING DATE OeSCRIPTlON REFERENCE NUMBER,,. 03-07 715230020671170004805631 1 1 I 1 I I I 1 1 1 1 I I I I I I I I I I I I I 03-07 PAYMENT RECEIVED -- THANK YOU 103.00P~ y(~r\l~ Q \ #\l) v\ \~~\ \)).trJ . ,,'AVERAGE ',i:"" DAILY BAUlNCE "',' 'T4::~t=,-::~~~~;t 42.28 .00$ NOTICE: SEe REVERSE SIDE FOR IMPORTANT INFORMATION. ".^'.,. '~-'~'--""--I__"_~.......n._._,~,.,..._,...,..". KRISTEN N RIZZUTO At Your Service HOUSEHOLD BANK MASTERCARD STATEMENT 24-Hour Customer Service: 1-800-477-6000 WWW.hbcard.com TOO for hearing/speech impaired: 1-800-395-9020 Call collect for Customer Service outside of the U,S,: 1-757-523-3880 Mail written inquiries to: HOUSEHOLD CREDIT SERVICES. PO BOX 81622. SALINAS, CA 93912-1622 Send payments to: HOUSEHOLD CREDIT SERVICES. P,O, BOX 88000 . BALTIMORE. MD 21288-0001 . This is a grace account Nominal Grace period Average Daily Days Finance Charges Annual in1ormation Daily Periodic In Billing AI Periodic Percentage on back. Balance Rat. Cycle Rei. Rat. PURCHASES $3,547,30 .06570% 28 $65.26 23,99% PURCHASES $726,11 .06570% 28 $13,38 23.99% CASH ADVANCES $0,00 .06570% 28 $0,00 23,99% ANNUAL PERCENTAGE RATE" 23.990% 'May be higher than nominal Annual Percentage Aate if statement includes misc. finance charges. 001200 24 G STMT36 D Page 1 011 00002222 H8A1 Please enclose the bottom portion at your statement with your payment so that our address appears in Ihe window, -".~...'..--."......_~~..,' Christopher J. Rizzuto - Expenses Rent Phone TV Internet Electric water sewer trash gas groceries visa mc student loan insurance cell phone lunch car dinner mortage 390 90 82 52 90 12.00 6 9 300 200 80 52 176 240 150 200 407 50 390 2976 TOTAL alimoney 1234 4210 GRAND TOTAL DEFENDANT'S EXHIBIT J tfH ^'---->,...~.._..~-=---~_......~...,-, CCh'\ "",.., /"'",:,,~~,~' ~' " "'", ."m "'_",./" ,_"".", ,,: "w" ,,~, ~ ~ ~; ;' JNfOtMATRIX CORPORATION ;".TEL 7'17.260-9850 .. LJ3 BO~ICK DRIVE HARRISBURG. PA 17111 earnIngs StIll~:?~\rIEt) Pay Period: 3/0112002 \~""~'1~:':/i :' i ",,-,,- ..--"" '~\,,,,,,,, '""",,~ \,,,,,~ Pay Date; 4/04/2002 '" Check'; 10187 Employee Nul1'blr: Depertll'lllnt Number: Social Security Number: Mari1a/ Sl8Ius: NUl1'blr or AllOwIiInces: Rate: 0036 210-66-7195 MARRIED 00 36.0500 CHRISTOPHER J RIZZUTo 1502 TUSSEY COURT MECHANICSBURG, PA 17050 "" -HM; HOUI8 .nd Eernlnp TlIXlIe and 0lIctucltkm. DIl8criDtion Hours This Period Year-To-Date Descrilltion This Perillld Year- To-Dele REGLAR 162.50 5858.13 21765,20 FICA 470.21 1950.47 VACTON 1153.60 FED WT 1013.44 4164,53 SICK 8.00 288.40 1423.98 PA ST 172.10 713.89 HDAYOl 1153.60 Middlt 61. 47 254.97 VACBAL 21. 36 I SCKllAL 16.50 , HOLBAL - 32.00 ,.. H;; GnIea P1ly V..r To Dlrte ,,,,,,,$ 2 9",,,~~ 6.\.3 8" G_ Pey Thle P41r1od $6,146.63 Tot., 0Ilcluct1one ThI8 Perlod $1,717.22 N.r ThI8 Perlod "" $4.,~,~,?9 ,,,~1,, DEFENDANT'S EXHIBIT '] tfH -~. .-....'-.....-....., '~"~-'~"'.., ,~..,-",.""'".......,~--,,....~- (') c:> C h..; -~ ::~- L -ol~U nlfl" -~.,,,.. ~5~; N ......: -< ~:= ~ -r:, -, ::.-,..;;; ---.., ::i: .. -r' Z~,' () ,;;;0 " N : c II; ....C .. ::=:i z ::< N :!5 (,A) -< CHRISTOPHER J. RIZZUTO, Plaintiff /Respondent, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 02 - 1224 CIVIL TERM KRISTEN N. RIZZUTO, Defendant/Petitioner. IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, comes Petitioner, Kristen N. Rizzuto, by and through her attorneys, Irwin, McKnight & Hughes, Esquires, and petitions the Court as follows: 1. Petitioner is the above-named Defendant, Kristen N. Rizzuto, an adult individual currently residing at 66 Jameslee Drive, Chambersburg, Pennsylvania 17201. 2. Respondent is the above-named Plaintiff, Christopher J. Rizzuto, an adult individual currently residing at 1502 Tussey Court, Mechanicsburg, Pennsylvania 17050. 3. On March 12,2002, Respondent filed a Complaint in Divorce. (0 4, On April 24, 2002, Petitioner filed a Petition for Alimony Pendente Lite.;:; ',' ~ ' .'~ ('J ''I c J -", ......::; 5, On May 6, 2002, an Order of Court was issued awarding Alimony Pel}~h~e Ute '111 ;'[-::1 in the amount of$1,234.00 per month to Petitioner. , ;:~. (.,it) ~: c '; ~. . .'< " i . _. E.~' r(1 --I " ,,-I Respondent filed an appeal from said Order, and following a hearing oefortf,,fue 2? 6. Cumberland County Support Master, an Interim Order of Court was issued dated July 19,2002, awarding Alimony Pendente Lite in the amount of$1,199.00 per month to Petitioner. A true and correct copy of said Interim Order of Court is attached hereto and incorporated herein as Exhibit "A." 1 7. No parties have filed exceptions to the Support Master's Report and Recommendation, and therefore the Order dated July 19,2002 is now a final Order. 8. The Support Master's Findings of Fact attached to Exhibit "A" include that Respondent remained in the marital residence following the parties' separation and then moved in late May to reside with a female roommate. 9. Respondent, however, did not pay either the mortgage payment due May 1,2002, nor the utility bills through the date that he moved from the residence. 10. Notices of nonpayment for these items were received by Petitioner and forwarded by her legal counsel to Respondent's legal counsel for payment. 11. To date, both the mortgage payment due May 1, 2002 and the utility bills remain unpaid despite repeated requests for payment. 12. The parties had agreed that for the mortgage payments beginning June 1, 2002, Respondent would pay approximately $390.00 per month and Petitioner would pay approximately $375,00 per month to satisfy the mortgage payments until the property was sold. 13. This agreement was stated in testimony before the Support Master and included in the Master's Report and Recommendation. 14. Following the issuance of the Order attached as Exhibit "A," Respondent has failed and refused to contribute payments to the mortgage obligation. 15. Furthermore, Respondent left the marital residence In deplorable condition delaying the listing and sale of the marital residence. 16. Until the condition of the residence is improved, the realtor agreed upon by the parties refuses to list the home for sale, 2 17. Despite repeated requests to Respondent's legal counsel that the clothes and other personal property items left by Respondent be removed, the deplorable condition remains and Petitioner has been forced to hire one or more individuals to permanently remove said items and clean the residence. 18. In addition, the parties had agreed to file joint federal and state income tax returns for tax year 2001. 19. The agreement, however, included the provision that Respondent would pay the tax owed on both returns, as the reason for the deficiency is due primarily to Respondent's refusal to allow enough withholdings on his monthly paychecks. 20. On behalf of his client, Respondent's legal counsel had indicated that the taxes owed would be paid by Respondent. 21. Other than the initial required installment, however, Respondent has failed and refused to satisfy the federal income tax deficiency. 22. Respondent's continued refusal to pay said taxes has resulted in the assessment of penalties and interest. A true and correct copy of an IRS Notice dated August 12, 2002, is attached hereto and incorporated herein as Exhibit "B." 23. As a direct result of Respondent's continued refusal to cooperate in the listing of the marital residence for sale, and to abide by his prior promises and agreements, the Petitioner is unable to continue to support herself in the lifestyle to which she has been accustomed during the marriage of the parties. 24. As a direct result of the above, Petitioner has incurred and will incur significant additional attorney fees in order defend her interests in the divorce action. 3 25. The Petitioner is in need of an increase in the current monthly alimony pendente lite in order to support herself and defend the divorce action filed by Respondent at the above docketed number in the Court of Common Pleas of Cumberland County. 26. Respondent has sufficient income and earning capacity, as well as assets, to support the Petitioner or to assist in supporting Petitioner and to pay additional alimony pendente lite to Petitioner. WHEREFORE, for the above reasons, Petitioner, Kristen N. Rizzuto, respectfully requests this Honorable Court to enter an Order increasing the amount of Alimony Pendente Lite to be paid to Petitioner in this matter and/or to direct Respondent to satisfy both the outstanding mortgage payment, the outstanding utility bills incurred while he was residing at the marital residence and the federal income tax lien, as well as such other and further relief and may be necessary or just. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: Date: August 16,2002 Dougla er, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for DefendantJPetitioner, Kristen N. Rizzuto 4 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa,C.S.A. Section 4904, relating to unsworn falsification to authorities. Ujj~~llf Date: August 16 , 2002 EXHIBIT "A" CHRISTOPHER J. RIZZUTO, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION V. KRISTEN N. RIZZUTO, Defendant/Petitioner PACSES NO. 197104486 NO. 02-1224 CIVIL TERM ~~CG@:UW~~ JUL 20 2002 INTERIM ORDER OF COURT AND NOW, this 19th day of July, 2002, upon cOl'JltMlat,\\\lNmr.~I & HUGHES the Support Master's Report and Recommendation, a copy of IM1Yc~ig~l\'a~Stl hereto as Exhibit "A", it is ordered and decreed as follows: A. The husband shall pay to the State Collection & Disbursement Unit in Harrisburg, Pennsylvania, for transmission to the wife the sum of $1,199.00 per month as alimony pendente lite. B, Except as modified herein, the order of May 6, 2002, shall remain in full force and effect. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within ten (10) 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 ten (10) days of the date of service of the original exceptions. If no exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order. CC: Christopher J. Rizzuto Kristen N. Rizzuto Robert B. Lieberman, Esquire Douglas B. Miller, Esquire DRO CHRISTOPHER J, RIZZUTO, Plaintiff/Respondent V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 197104486 NO. 02-1224 CIVIL TERM KRISTEN N. RIZZUTO, Defendant/Petitioner SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on July 16, 2002, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff in this divorce action is Christopher J. Rizzuto, who currently resides at 2613 Cinder Street, Chambersburg, Pennsylvania. 2. The Defendant is Kristen N. Rizzuto, who currently resides at 66 Jameslee Drive, Chambersburg, Pennsylvania.1 3. The parties were married on August 21, 1998. 4. There are no children of the marriage. 5. The parties separated on or about February 11, 2002, when the husband requested the wife to move from the marital residence. 6. On or about March 12, 2002, the husband commenced this divorce action. 7. On or about April 24, 2002, the wife filed a petition for alimony pendente lite (hereafter "APL"). 8. The wife is employed as an administrative assistant for Pinnacle Risk Management Services, Inc. where her gross monthly income is $1,582.00. 9. The wife currently resides with her parents. 10. Since the separation the wife has been paying approximately $579.00 per month on a loan and credit card bills for items purchased and charges made during the marriage. 1 The parties will hereafter be referred to as the husband and the wife. Exhibit "A" 11. Since June, 2002, the wife has been paying approximately $375.00 per month on the mortgage encumbering the martial residence. 12. Immediately following the separation the husband remained in the marital residence. 13. The husband moved from the marital residence in late May and currently resides with a female roommate with whom he shares expenses. 14. The husband paid the mortgage while residing in the marital residence and has been paying approximately $390.00 per month on the mortgage since June, 2002. 15. The husband is employed as a consultant for Info-Matrix Corporation where he earns approximately $1,442.00 per week. DISCUSSION Whether to award alimony pendente lite has traditionally been a matter within the discretion of the trial court. Litmans v. Litmans, 673 A.2d. 382 (Pa. Super. 1996). If an award of APL is warranted, the amount of that award is calculated in accordance with the support guidelines. Little v. Little, 47 Cumberland L. J. 131 (1998). Before that calculation is made, however, a determination must be made as to the entitlement to the award. Clouse v. Clouse, 50 Cumberland L.J. 167 (2001). To be entitled to an award of APL, a claimant must show that APL is needed to adequately prosecute or defend the divorce action. Litmans v. Litmans. supra. The purpose of APL is to prevent one spouse from being financially disadvantaged during the pendency of the action as compared to the other. Powers v. Powers, 615 A.2d. 459 (Pa. Super. 1992). Traditionally the fact that one spouse may earn less than the other does not automatically entitle him or her to an award of APL. Sutliff v. Sutliff, 474 A.2d. 599 (Pa, Super. 1984), overruled on other arounds, Rosen v. Rosen, 549 A.2d. 561 (Pa. Super. 1988). In determining whether an award of APL is appropriate in a case, the trier of fact may consider the husband's ability to pay, the separate estate and income of the wife, and the character, situation, and surroundings of the parties. Orr v. Orr, 461 A.2d. 850 (Pa. Super. 1983). The husband has conceded that because of the significant disparity in the incomes of the parties, the wife is entitled to an award of APL. He argues, however, that the award should not be an amount calculated pursuant to the support guidelines. However, he overlooks the mandate contained in Pa. R.C.P. 1910.16-1(b) which states that "[t]he amount of support (child support, spousal support or alimony pendente lite) to be awarded pursuant to the procedures under Rules 1910.11 and 1910.12 shall be determined in accordance with the support guidelines. . . . " (emphasis added). Although the award may be subject to deviation if the circumstances of the case warrant, the starting point is the calculation of a guideline figure. The wife has a gross monthly income of $1 ,582.00. If the divorce action is not finalized in 2002, both parties will file federal income tax returns as married/separate. The tax deductions shown on Exhibit A are calculated on this filing status. After the permitted deductions, her net monthly income is $1,275.00. The husband has gross monthly income of $6,249.00. After the permitted deductions, his net monthly income is $4,273.00. The husband's monthly APL obligation to the wife as calculated pursuant to the guidelines is $1,199.00.2 A support obligation calculated pursuant to the guidelines is presumed to be correct, but the presumption can be rebutted by evidence that the guideline award is unjust or inappropriate under the circumstances of the case. Landis v. Landis, 691 A.2d. 939 (Pa. Super. 1997). There is no such evidence in this case. The wife is paying $579.00 per month on a bill consolidation loan and credit card debt for obligations incurred jointly by the parties during the marriage. She is also paying $375.00 per month on the mortgage encumbering the marital residence despite the fact that the husband voluntarily chose to move out of the residence to reside with a female friend. Although her day-to-day living expenses are greatly reduced because she is presently residing with her parents, after the payments are made on the various joint debts as stated, the guideline award effectively provides her with only $245.00 per month to supplement her income and to litigate the divorce action. There is no reason to deviate downward from the guideline support figure as suggested by the husband. RECOMMENDATION A. The husband shall pay to the State Collection & Disbursement Unit in Harrisburg, Pennsylvania, for transmission to the wife the sum of $1 ,199.00 per month as alimony pendente lite. B. Except as modified herein, the order of May 6, 2002, shall remain in full force and effect. J' u..~ ''\, 2 00 2..- . Date ~~~~k Michael R. Rundle Support Master 2 The calculation is shown on Exhibit B. In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: Tax Year: 1. Fling Status 2. Who Claims the Exem tions 3. Number of Exem tions 4. Monthl Taxable Income 5. Deductions Method Kristen N. Rizzuto Christopher J. Rizzuto 02-1224 Civil 197104486 $327.08 $250.00 $5,671,59 $1,301.91 6. Deduction Amount 7. Exem tion Amount 8. Income MINUS Deductions and Exem tions 9. Tax on Income 10. Child Tax Credit 11. Manual Ad'ustments to Taxes 12. Federal Income Taxes 12 a. Earned Income Credit 13. State Income Taxes 14, FICA Pa ments 15. City Where Taxes Apply 16. Local Income Taxes Support Calc 2002 $1,301.91 $174,96 $436.05 TOTAL Taxes $62.49 $1 975.41 Exhibit "r." 1 $1,582.00 $327.08 $250.00 $1,004.92 $125.74 $125.74 $44.30 $121.02 --Select-- $15.82 $306.88 In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State 10 Number: Kristen N. Rizzuto Christopher J. Rizzuto 02-1224 Civil 197104486 3. Difference $4,273.26 $1,275.12 $2,998.14 2. Less Obli ee's Monthl Net Income 4. Less Child Obli ation for Current 5. Less All Other Su ort ort $2,998.14 7. Multi I b 30% or 40% 40.00% 8. Amount of Monthl S ousal $1,199.26 Date: 7/17/2002 SupporlCa/c 2002 Exhibit "B" EXHIBIT "B" ~IRS Dep.rrmeRt ot lh. TrealUl'Y Jlllel'ul a.v.nu. 1.,\'ICIl ATLANTA, OA 39901-0030 003723 200112 WI Notioe Number: CP 503 Notice Date: 08 -12 - 2 0 0 2 SSNJEIN: 210-66-7195 Caller 10: 359702 1,.11111111111.1111111.1,1111111111..111.1.,1111,11111.11,1111.1 CHRISTOPHER & KRISTEN RIZZUTO 1502 TUSSEY CT MECHANICSBURG PA 17050-7695028 111111111111I111111111111 *210667195101* IMPORTANT Immediate action is required. We previou.ly wrote to you about YO\lr unpaid account, but you haven't contacted u. about it. Penaltie. and intere.t on the unpaid balance are continuing to incre..e. Pie... p,y the amount you owe within ten day. from the date ofthil notice. If you c.n't p'ay now, call u. at the number .hOWD below. You may be q,ualified for an in.tallment agreement or payroll d.auction agreement. We want to help you resolve thi. bill. However, if We don't hear from you, we will have no ohoice but to proceed with .teps required to colleot the amount you owe. Uyo" already plid YOllr blllanee in rull or arranged tor In inltlllment IlVaement, please disregard this notice. Account Summary IPorm: 1040 I I Tax Period: 12-31-2001 Current Balance: .89 D . 13 mc;ludea : Penalty: ' Interest: Lut Payment For Information on your penalty & Interest comfutat'ons. you may call -800-829-8815. ta.S6 tlO.09 to.OO ~ Questions? call us ~t 1.800.820-8815 Please malllhis part with your payment, payable to United States Treasury. Notice Number: CP 603 Notice Date: 08-12-2002 wr//tl "")/Our check: 11040 112-31-2001 1210-66-7195 I t Amount Due: U90.13 , Internal Revenue Service ATLANTA. GA 399DI-0030 CHRISTOPHER & KRISTEN RIZZUTO 1502 TUSSEY CT MECHANICSBURG PA 17050-7695028 Inll.1.I111 ,1..1 11111I1111111I1111,"11.11 nil CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by fIrst class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: ROBERT B. LIEBERMAN, ESQUIRE 500 NORTH THIRD STREET TWELFTH FLOOR P.O. BOX 1004 HARRISBURG, P A 17108-1004 Date: August 16,2002 IRWIN, McKNIGHT & HUGHES Douglas G. Supreme Co J.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attomey for Petitioner, Kristin J. Rizzuto CJi'-:: 2;1 , (') C'- ('...." r,....J .r~ " - r) '} - ')' ;'-./ "0,_ (, " ~ '-. ~:::; '" ,. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMErnc RELATIONS SECTION KRISTEN N, RIZZUTO ) Docket Number 02-1224 CIVIL Plaintiff ) 1971044 sy'U&g" 7 VS. ) PACSES Case Number CHRISTOPHER J. RIZZUTO ) Defendant ) Other State lD Number PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 1. The petition of KRISTEN NICOLE RIZZUTO respectfully represents that on MAY 6, 2002 ALIMONY PENDENTE LI'IE for KRISTEN NICOLE RIZZUTO , an Order of Court was entered for A true and correct copy of the order is attached to this petition. Service Type M Form OM-50l Worker lD 21502 RIZZUTO V. RIZZUTO PACSES Case Number: 197104486 2. Petitioner is entitled to . increase 0 decrease 0 termination 0 reinstatement o 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. 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. Page 2 of 2 Form OM-50 1 Worker ID 21502 Service Type M () c s: -on' fTlj"l 7-T 2~e (fJ " rS\ ~r.~~ !~(-; J> (~.~"' :.OJ -< o IV :c- ~- G') o -n , -I -1::......,..... \1 (_~ CTl o (.!.-'J .>:" -0 ~~-! ?~~ ::~~r-n ~.-- 31 f"o.,) ...J ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT })e/. ~~A ~/~;/~ {!./P/L State Commonwealth of Pennsylvania ,KJ~>ES /97/"V~C. Co.lCity/Dist. of CUMBERLAND !5. Date of Order/Notice 08/15/02 VC c:I/{pf7 Court/Case Number (See Addendum for case summary) o Original Order/Notice o Amended Order/Notice o Terminate Order/Notice ) RE: RIZZUTO, CHRISTOPHER J. ) Employee/Obligor's Name (last, First, Mil ) 210-66-7195 ) Employee/Obligor's Social Security Number ) 6107100940 ) Employee/Obligor's Case Identifier ) (See Addendum for plaintiff names associated with cases on attachment) ) Custodial Parent's Name (last, First, MI) ) Employer/Withholder's Federal EIN Number INFO-MATRIX CORPORATION Employer/Withholder's Name 3 BONNYWICK DR Employer/Withholder's Address HARRISBURG PA 17111 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's!obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1,199.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes (g) no $ 0,00 per month in medical support $ 0,00 per month for genetic test costs $ per month in other (specify) for a total of $ 1,199.00 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: $ 276.69 per weekly pay period. $ 553,38 per biweekly pay period (every two weeks). $ 599,50 per semimonthly pay period (twice a month). $ 1.199,00 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 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 followinginformatlorr is needed (See #9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to:PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: AUG 1 6 2002 Service Type M ~ e.>w-",> If' t;~,.DO 970-0154 - '- xp;,.tion Dat., 12/31/00 .:Tl.J.o4 ~ Form EN-028 WorkerlD $IATT Ot!lc. ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If checked you are required to provide a copy of this form to your employee. 1. Priority: Withholding under this OrderINotice 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.' :~~:~ :': :~~ ~f ~'ithh~!din1J' You '"U5t lepOlt II,e paydateldat-e of ~i~~';ldil,g "hen se"dihg tl,e payl "el,t. TI,e payd;!teldat~ of ..ill ,holding i5 II,'!' .:late OJ, "I ,id, a,nOlll ,t "a5 "Ill ,held ti'Ol" tl,e employee', 5. You must comply with the law of the state of the employee'slobligor'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.' EmployeelObligor 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'slobligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and retum a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2517885700 EMPlOYEE'S/OBl/COR'S NAME: RIZZUTO, CHRISTOPHER J. EMPLOYEE'S CASE IDENTIFIER: 6107100940 DATE OF SEPARATION: lAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in whichcase the law of the State in which he or she is employed govems. 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 (15 U.S.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee'slobligor'S principal place of employment. The Federal limit applies to the aggregate disposable weekly eamings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 10. · 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. Requesting Agency: 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 @ Service Type M Page 2 of 2 Form EN-028 Worker JD $IATT OMB No,: 0970-0154 Expiration Date: 12/31/00 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: PACSES Case Number 197104486 ~teY7 Plaintiff Name '1 '" KRISTEN N. RIZZUTO Docket Attachment Amount 02::i2'2'4 CIVIL $ 1,199,00 Child(ren)'s Name(s): RIZZUTO, CHRISTOPHER J. DOS bif~h~k~,y~~~re rE!Q~ir~t~e~roll the child(ren) identified above in any health insurance coverage available through the employee'slobligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0,00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee'slobligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0,00 Child(ren)'s Name(s): DOS b;f~~~~~~,~~~~;;;~;;:~~:~:,i~~~~~i;~(;~~;< identified above in any health insurance coverage available through the employee'slobligor's employment. Service Type M Addendum OMB No.: 0970-0154 Expiration Date: 12/31100 -------- -. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee'slobligor'semploymenl. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOS ........:..;.......,.........'.......:...............,..,......:....................,;......:.........,........:......:.........'.....'........,....... " .....'...... ;.:,..:.,','....,:.'.....;.;.,:.....:...,.,.::.;.::.,',.....;..,','.:.....'...,..,.:..'....;...,;..,.,:.;.:.:.,.......,:.;.,:.:.::......:.:..:...::.;,..:..,:.;...;..;.,:.::.,....:.....,.....,:.,....... ',', ",..".. ',..,'", ,.., ,.... .. .,.. ..,.... ", ",....,.."..,',.....,......"".... .........,. .... . ........... ...................... .... ." ...., .......... ..... .. ....... . .... ............... .. .... ... ............................. o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee'slobligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOS ...........",........" ,....,",.,..,........., ..,',..... ...,.....".,........,..... . ',"",.... ......,', ... . ..", ',.. .. ..,.. ...""" ',......... .. '. . '. .'.....,......'...,......, ....... ". ".".,' ......,.. ".' ......... .,......... O;f~;;~~k:,;~~~;~~~;:;~~;~;~I;t~~~hil~(~~) identified above in any health insurance coverage available through the employee's1obligor's employment. Form EN-028 Worker ID $IATT 0 C) 0 C f'0 -;'1 :t~~ :z::- -'V ['j nl fi G""l Z ~..) 2:: [ ~) (:=/ l ~Tt ~:;;. ::::: (-) !"..) :) ,'Tl ~ ~:~; ::--1 ..~::.... :....:> ::iJ =< no -< CHRISTOPHER J. RIZZUTO, PlaintifflRespondent, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CML ACTION - LAW No. 02 - 1224 CML TERM KRISTEN N. RIZZUTO, DefendanVPetitioner. IN DIVORCE ORDER OF COURT AND NOW, this 7o"""day of y , 2002, upon consideration of the within Petition for Special Relief, a hearing is scheduled for ~JII1. ~~ , 2002, at /:0 l) o 'clock~. m., in Courtroom # 5 , Cumberland County Courthouse, Carlisle, Pennsylvania 170 13. ~ ~ r ~ ~e~p":;' "DGJ0iG b, J. (1opie3 {\\~\\~~ L <6'~l~O~ \. 9..~ W' o....tr1Jl. L e.be.ll.f/\o..J --~ f'\', \\eR VlNVAlASNN3d AlNnOO ON'1lt88mO S'l:E ~d OZ snv 20 AW10NOHlOdd 3Hl .:JO 3:)i:HO-G31l:! VS. IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - DIVORCE CHRISTOPHER N. RIZZUTO, PlaintifflRespondentlRespondent KRISTEN N. RIZZUTO, DefendantIPetitioner/Petitioner NO. 2002-1224 CIVIL TERM IN DIVORCE DR# 31687 Pacses# 197104486 ORDER OF COURT AND NOW, this 6th day of September, 2002, a petition has been filed against you, Christopher Rizzuto, 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, PA, on October 9.2002 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. BY TIIE COURT, George E. Hoffer, President Judge Copies mailed 9-6-02 to:< Date of Order: September 6, 2002 /j .l~ .lJ '. .," ;/(/ 't... ,/, ,/1, j.. iA. ~ -"' A....#~~,' - '.... ,. f"- .~-~ 1 I~ -.1 v / ;'fo..Jt. 1. ~y.; Conference Officer t. J YOU HA VB TIIE RIGHT TO A LAWYER, WHO MAY ATIEND TIIE CONFERENCE AND REPRESENT YOU. IF YOU 00 NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORm BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. Petitioner Respondent Robert Lieberman, Esquire Douglas Miller, Esquire CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VB. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 ct!f~ o C ?" "'1:1(~ Qj !)~' ;2;;.' (f):-- -,' ~ ...:::--; ~C; .... C. Z ::;! c::> r....J e./) ;-1' '-J '"_l ::'.J c.J r::- (:) In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Defendant Name: CHRISTOPHER J. RIZZUTO ~ernberIDNutnber: 6107100940 Please note: All correspondence must include the Member ID Number, Financial Break Down of Multiole Cases on Attachment Plaintiff Name KRISTEN N. RIZZUTO 3/lIt .., PACSES Case Number 197104486 Docket Number 02-1224 CIVIL $ I $ $ I $ Attachment Amount/Frequency 1,199.00 I MONTH ~ / ~ ~ / / TOTAL AITACHMENT AMOUNT: $ 1,199,.00 Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $ 276.69 per week, or 50 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, CHRISTOPHER J, RIZZUTO Social Security Number 210-66-7195, Member ID Number 6107100940 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C ~ 1673 (b)(2) and 23 Pa. C.S.A. ~ 4348 (g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated SEPTEMBER 8, 2002 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: Sf.P 1 1 2002 ~ii r:~JNetP e, t; t)/O 0 JUDGE Service Type M Form EN-530 Worker ID $IATT Ot..fC, 0 ~ '~->' c: r,) :::.7' (/) v(-j~ 1-" fill: -v 7..\ ::~t- ~~~~; .-J ~~~~) 'Tj a..:i.... j:;E: ~? -' "7 .,.. -"'::"'" ~-:::\ ~ -< (::J ...< SEP 1 9 2002 CHRISTOPHER J. RIZZUTO, PlaintifflRespondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : NO. 02-1224 CIVIL TERM KRISTEN N. RIZZUTO, Defendant/Petitioner : IN DIVORCE ORDER OF COURT AND NOW, this ;l~ ~ day oiliflfunhEIL. 2002, upon due consideration of the request submitted by Robert B. Lieberman, Esquire, for Christopher 1. Rizzuto, Plaintiff/Respondent, the hearing on the Petition for Special Relief previously scheduled for September 25,2002, in Courtroom 5 is rescheduled for ~,~,. t ~7 ,2002, atl:t:k) 0' clock L.m. in Courtroom ~ , Cumberland County Courthouse, Carlisle, Pennsylvania. h JIMIItU~-' G.a I'd;. c~ C\~c}..~:# ,~~~ J . ~'q.~ to~. \>;ye; ~ ..::r ~ c l-o: ~ U-lQ o~ (,2..<0':, :C (.) u-C -r' 0- CI~ ~(!.) ~,::.- ..... ,--) -? - C '- .;:- ~~ -)V'~ N \...l...l..-$<- rr(ii ec. L_~ ~~, 0- \:D \..l.J coo.. i-'::: </l ~ '0 N 3 0 SEP 1 9 2002 ROBERT B. LIEBERMAN ATTORNEY AT LAW Five Hundred North Third Street Twelfth Floor P. O. Box 1004 Harrisburg, Pennsv1vania 171 08-1 004 (717) 236.1485 FAX (717) 236-7777 File No. 1917-1 September 18, 2002 Honorable Edward E. Guido Cumberland Court of Common Pleas One Courthouse Square Carlisle, PA 17013-3387 In re: Rizzuto v. Rizzuto Dear Judge Guido: In follow up to a recent phone conversation with your secretary, enclosed is a proposed Order of Court regarding my request to continue the hearing in the above case scheduled for September 25, 2002. The continuance is being requested due to a conflict in my client's work schedule. I have spoken with the Petitioner's attorney, Douglas G. Miller, Esquire regarding the request. Mr. Miller is not objecting to the case being rescheduled to a later date. Thank you very much for your consideration. \'l Very truly yo ~~. Robert B. Lieberman RBL/cso Enclosure cc: Douglas G. Miller, Esquire Christopher J. Rizzuto ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT MI ~O;J, - /~Jf/ (J/tJI L State Commonwealth of Pennsylvania /'}&trooQ /tJ7/bt./'1i{p Co.lCity/Dist. of CUMBERLAND rhC->c ? Date of Order/Notice 10/09/02 ()IL ~(p '1'1 Tribunal/Case Number (See Addendum for case summary) @ Original Order/Notice o Amended Order/Notice o Terminate Order/Notice INFO-MATRIX CORPORATION 3 BONNYWICK DR HARRISBURG PA 17111 RE: RIZZUTO, CHRISTOPHER J, Employee/Obligor's Name (Last, First, MI) 210-66-7195 Employee/Obligor's Social Security Number 6107100940 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) Employer/Withholder's Federal EIN Number See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's!obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1,199.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes <Xl no $ 0,00 per month in medical support $ 0 , 00 per month for genetic test costs $ per month in other (specify) for a total of $ 1, 199 . 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: $ 276,69 per weekly pay period. $ 553,38 per biweekly pay period (every two weeks). $ 599,50 per semimonthly pay period (twice a month). $ 1.199.00 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 thelimitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER 10 (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: -7VM~ Form EN-028 Worker ID $IATT Date of Order: OCT 1 0 2002 ?l>w>4telJ Service Type M ,....,~r.""'"'" ;,' ,.i{;"/'''''" OMB No.: 097(}..()154 f'" IOc;O-OJ-. ()J!I(P ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If ~hecked you are required to provide a (:opy of this form to your employee. If YO\Jr employee works in a state that is ditterent from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. 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. 3. 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. 4.' ~~~i;:! ~': ~d~~~~~'~V~,',oldil,g. '(au must report tl,e paydateldate of "itl,holding "helo s!!ndil,g d,e payl"el,t. TI,e paydate/date vi "ithholding is tl,!! date 01, "hkh al"OUI ,t "as "itl,held flOI" the el"ployee's "ages. You must comply with the law of the state of the employee'slobligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5.' 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 #10 below) 6. 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 retum a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S 10: 2517885700 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: RIZZUTO, CHRISTOPHER J. 6107100940 DATE OF SEPARATION: 7. 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. 8. 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 govems 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. 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. 10.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.c. 91673 (b)1; or 2) the amounts allowed by the State of the employee'slobligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. 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. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717l240-6248 or byi nternet www.childsupport.state.pa.us Service Type M Page 2 of 2 Form EN-028 Worker ID $IATT OMB No.: 0970-0154 ADDENDUM of Cases on Attachment UTO, CHRISTOPHER J, Defendant/Obligor: RIZ PACSES Case Number 197104486 ~/(Pf7 Plaintiff Name /' ~ KRISTEN N. RIZZUTO Docket Attachment Amount 02=1224 CIVIL $ 1,199.00 Child(ren)'s Name(s): DOB ,,::,::';.::.:::.;::::.....';:;.:;. ';::';:: .,:'.:;::' .,:.;':.;:":,;:.:: . :::::;,'.'-:: ;:. .'\::; :';':":' :..:.- ';".:::- :.:. :.....;. '.......,.,..,......... '......... o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage avail ble through the employee's1obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0,00 Child(ren)'s Name(s): DaB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage availa Ie through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): OB ':;'::' ....:.:::..;:.....:;:.>:.:;'..::..::.';:.;...:;.:; ::,::;"'::;.::;.';::-:':;:.;:..:';: .;:;.;:.,.'.;:.:.....;......:..:;..;..::.... ',," ..",..... ',' .," ...., ....,. ............. ..... '...... ,". .....", .... .... 'Olf checked, you are required to ~nroll the child(ren) identified above in any health insurance coverage availab e through the employee's1obligor's employment. Service Type M Addendum OMS No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB ',",'"..... .,',,' ",",' , ",' '". ... .,,', ",... .."",', ,',', , ,,' , .... . .,", ',,', " ". ... .. ,. .. "" ... "" ..... .,. " '. "," ........ ......'.'....... .. .... ...... ....... "....... .. .. , ',......... ',' ... .. . .... ....... o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ....... ,.',.. .'. ..."',, ....., ...... ...... ...... .'. .... ...., .... ,.... '.'. ',' ..... ", .... ..... ... ',... ...... ..... .. ','" ,'" ... ........... .......,... '," . "",...., ',',,',",' '"',, ,',... '.' ....,.. ...,', ',",','"..........",....'..,...... ".. tJ If ~h~~k~d,you are re~uiredtoen~~Uthe~hild(ren) identified above in any health insurance coverage available through the employee's1obligor's employment. Form EN-028 Worker ID $IATT >- ~ l-' uJQ b~ ~~:~ '.J._ ,,-) '], \-~+ : ct.> c N Cl.:. t.:.... () Ll- j>.: z :::>..... n? ':).2 '~ c~ ::J '''>>- ":.1 (n "J;:--: "::c: -:7 }JW ~LJ 0- S (,) (:) l- e' o ('.J t:;:j CHRISTOPHER N. RIZZUTO, PlaintiffJRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE KRISTEN N. RIZZUTO, DefendanifPetitioner NO. 2002-1224 CIVIL TERM IN DIVORCE DR# 31687 Pacses# 197104486 ORDER OF COURT AND NOW, this 9th day of October, 2002, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $N/A and Respondent's monthly net income/earning capacity is $N/ A, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $1,199.00 per month payable monthly as follows; $1,199.00 for alimony pendente lite and $0.00 on arrears. First payment due next pay date. Arrears set at $2,266.05. The effective date of the order is April 24, 2002. This order is based upon an agreement of the parties. The parties agree that a total of$I,207.05 is to be added to the arrears. This sum represents three months of Defendant's one half obligation (377.35 per month) of the parties mortgage payment and a $75.00 late fee. The order is to be increased by $377,35 for a total of$I,536.35, effective November 1, 2002. The original APL ordered amount of $1, 199.00 per month will resume after the sale of the parties' house. Collection on the arrears will be held in abeyance until after the first of the year 2003. 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 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 P A SCDU to: Kristen Rizzuto. Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU and mailed to: PASCDU P.O. Box 69110 Harrisburg, P A 17106-911 0 Payments must include the defendant's P ACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. O~/(, Unreimbursed medical expenses that exceed $250.00 annually are to be paid ()01o by the respondent and 100% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Respondent to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the 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 foons. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J, Shadday Mailed copies on 10-10-02 to: < Petitioner Respondent Douglas Miller, Esquire Robert Lieberman, Esquire BY THE COURT, Edward E. Guido 1. . ::>-: (,0 s; ~ C /-- .,10 c-:.: :::> n? ~~~;:~: D3'> " '" ,,")3 ~- (:') ~~ ...>- Cl ;":"(,}') ---:-I:~ '.__'" .:s: :z: .!..- r- du..l (...J ,oc\- 0 ~s;. ~, t_ N ::-.:l (~) 0 <.) w CHRISTOPHER J. RIZZUTO, Plaintiff/Respondent, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KRISTEN N. RIZZUTO, DefendantJPetitioner. : CIVIL ACTION - LAW : No. 02 - 1224 CIVIL TERM : IN DIVORCE ORDER OF COURT 1~ O~ AND NOW, this / day of , 2002, upon consideration of the request submitted by Douglas G. Miller, Esquire for Kristen N. Rizzuto, Defendant/Petitioner, the hearing on the Petition for Special Relief previously rescheduled for Thursday, October 17, 2002, at 1 :00 p.m. in Courtroom #5, Cumberland County Courthouse, Carlisle, Pennsylvania, is hereby continued generally subject to the right of either party to request that a new hearing date be scheduled to resolve any issue raised in the Petition not satisfied by the Domestic Relations hearing held on Wednesday, October 9, 2002, or subsequent agreement of the parties. J. ~:::. I \ l ~ ~.' ()~' . ll_ '.: . 1\._-- (~) :( p, ,,-,t. -;-:'71 [ .~-~ ti. ft fr{~ ,~ ~ f' t-' ......\'J - 6::, -:i' L(: ('-~ l1, o . 0.... ~i -~) <f :_~?;. ::'- :::.i >- , U) ~-, ~~ ,"-.7 ,--. /--. '-!~~i: ..;::; -:::,) (,) r- l- V CJ ('..l o LAW OFFICES IRWIN McKNIGHT & HUGHES ROGER B, IRWIN MARCUS A, McKNIGHT. III JAMES D, HUGHES REBECCA R, HUGHES DOUGLAS G, MILLER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYL VANIA 17013-3222 (717) 249-2353 FAX (717) 249-6354 E.MAIL: IMHLAW@SUPERNET.COM HAROLDS, IRWIN (1925-1977) HAROLDS, IRWIN, JR, (1954-1986) IRWIN, IRWIN & IRWIN (1956-1986) IRWIN, IRWIN & McKNIGHT (/986-1994) IRWIN. McKNIGHT & HUGHES (/994- ) October 11, 2002 THE HONORABLE EDWARD GUIDO CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, P A 17013 RE: RIZZUTO v. RIZZUTO No. 2002 - 1224, In Divorce, Cumberland County Dear Judge Guido: On Wednesday, October 9,2002, the parties appeared for a Domestic Relations hearing before Ms. Shadday, and at that time reached an agreement regarding the issue of the mortgage payments on the marital residence and modification of the current APL Order. Accordingly, it appears that the hearing on the Petition for Special Relief rescheduled for Thursday, October 17, 2002, will not be necessary at this time. I have enclosed a proposed Order for your review and to reflect the above information. Also enclosed are stamped envelopes to myself and Attorney Lieberman. Please do not hesitate to contact me in the event you have any questions or concerns and thank you for your assistance in this matter. Very truly yours, IRWIN, McKNIGHT & HUGHES ~:!~ DGM:tds Enclosure cc: Kristen Rizzuto Robert Lieberman, Esquire t? ~. (.:: ~ .-;.-;) u: ;-~ I~ C:C ('c"'; ~~) ~ ,) .rt..... ) ::> 0_# -- , ~ r-- ~~ 1 -? \-- ~j /,,~ U_i L' 1'..) 0_ C ,"".- C...J. :-:> C:J () 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 Fax: (717) 240-6248 Defendant Name: CHRISTOPHER J. RIZZUTO Member ID Number: 6107100940 Please note: All correspondence must include the Member ID Number. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Plaintiff Name KRISTEN N. RIZZUTO Financial Break Down of Multiple Cases on Attachment PACSES Docket Case Number ~ 197104486 02-1224 CIVIL 3/&>37 $ I $ $ I $ Attachment AmountlFreauencv 1,536.35 I MONTH ~ / / ~ ! / / TOTAL ATTACHMENT AMOlNT: $ 1,536.35 Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $ 354 , 54 per week, or 50, 0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, CHRISTOPHER J, RIZZUTO Social Security Number 210-66-7195, Member ID Number 6107100940 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. ~ l673(b)(2) and 23 Pa. C.S. ~ 4348(g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated SEPTEMBER 8, 2002 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or val~ated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: NOV U 4ZUU:L c..... -~~'...- -~...,.,-, :; 4~0--:;:C~=" ',' ~ &/) t-L /l,eb 6~ C;. CAft.'A./,' '7 'c~ JUDGE Service Type M Form EN-034 Worker ID $IATT Di/b (") = 0 c:: r,,) ~Tl s:: :;~ "1J [' ,::;:) J 1<1 L.i.. "-;- ::-~ I .'(1 2: r. -..J ,,,":,-, if.) -( ..,~ I ;~~) r:- C; < " ::rJ >~ .- .. ) .z: C> " () C; ~ ':::) iTl ):;; c: .. --{ --" c,. :3 :::> :0 , {J1 -< ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT l# ~t?). /;J;)1eif/lL State Commonwealth of Pennsylvania .I,1clF1,Sf> /97/0'/l/fC:, Co./City/Dist. of CUMBERLAND (TI- , Date of Order/Notice 11/01/02 }A- ~/(Yf'7 Tribunal/Case Number (See Addendum for case summary) RE:RIZZUTO, CHRISTOPHER J. Employee/Obligor's Name (Last, First, MI) 210-66-7195 Employee/Obligor's Social Security Number 6107100940 Employee/Obligor's Case Identifier (S<!e Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) o Original Order/Notice o Amended Order/Notice o Terminate Oider/Notice EmployerMlithholder's Federal EIN Number INFO-MATRIX CORPORATION 2101 N FRONT ST HARRISBURG PA 17110-1086 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1,536.35 per month in current support $ 0 . 00 per month in past-due support Arrears 12 weeks or greater? 0 yes <X) no $ --~ per month in medical support $ 0,00 per month for genetic test costs $ per month in other (specify) for a total of $ 1, 536 . 35 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: $ 354.54 per weekly pay period. $ 709,08 per biweekly pay period (every two weeks). $ 768.18 per semimonthly pay period (twice a month). $ 1.536.35 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 paydateJdate 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 amouht, and your tee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, thefollowing information is needed (See #10 on pg. 2). If remitting by EFl'/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCOU Send check to: Pennsylvania SCOU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS 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. Service Type M r"C, ,':' F'~~~'~ ~ r;1 ._ ~:~.~~:: i:. I: . "'f,:.::r.'.iii\i~....;'~'- ,,-.,~. .;';';.'<Jli..1;;,Jf.-l "I. 11_ '5 ,oJ OM. '"'" 0910-0154 BYTHE COURrc::-- -~---' ~. ,;~7ie:f!~' ~',._k; ~"~~'~"'i~ "tEbwArD l:- 6U~QO {'''''{ :JV lJ{., (::: Form EN-028 Worker ID $IATT Date of Order: NOV 0 4 2002 Of' /~ r Vif\M\lASNf\fjd ,uNnOo CJ\~;,r;i::'r;:;:,vno so:~ I!d L - liON 20 AtiVLC, ~<< of'. .....""'11 .~. ~ ~ ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If I;hecked you are required to provide a copy of this form to your employee. If YOVr employee works in a state that is different from the state that issued this order, a copy must be pro\ 'oed to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. 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 t.ax levies in effect please contact the requesting agency listed below. 3. 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. 4.' Repaltingtl,ePaydate!Date ofV/itl,holding. Yat! must leportthe paydate!date of ,;ithhaldil,g "I,el, sel,ding the payl"ellt. The paydate!date of "itl,haldilog is tI ,edate on "hich alo,aul,t"as "itl,l,eld from tl,e en,plo) ee's "ages. You must comply with the law of the state of the employee's1obligor's principal place of employment with respect to the time periods within which you must implement the withhold ing order and forward the support payments. 5.' 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'slobligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #1 0 below) 6. 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. WITHHOLDER'S ID: 2517885700 EMPLOYEE'S/OBUGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: RIZZUTO, CHRISTOPHER J. 6107100940 DATE OF SEPARATION: 7. 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. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable fOl' 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. 9. 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. 10.' Withholding Limits: You may not withhold more than the lesser of: 1} the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's1obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: 'NOTE: If you or your agentare served witha 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. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 . CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 20f 2 Form EN-028 Worker ID $IATT Service Type M OMB No.: 0970-0'54 ADDENDUM Summary of Cases on Attachment RIZZUTO, CHRIs'rOPHER J. Defendant/Obligor: 197104486./3/hf 7 PACSES Case Number Plaintiff Name KRISTEN N. RIZZUTO Docket Attachment Amount 02=1224 CIVIL $ 1,536.35 Child(ren)'s Name(s): DOB o Ifchecked, you are required to enroll the child{ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child{ren)'s Name{s): DOB o If checked, you are required to enroll the child{ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name{s): DOB :;:-:';..': <:;:;:::::::::::;::;"::::;'::::-::::;:;;':"::;.-:::::'.,:':;.-,-:;.,::::;:,;:::.: '::/":-::::::";::::::;:::\:;:<:::,-::::::<:::;.::-:::::::;::.. ::.;:/:>::<::::.:.;':':'.-;-..... ',',',""','"',,',',',',,',',',',",,,',',',",',',,,"','"',',,',',,,' ","',"'","',',.-.""",.-..,",""'",,,,',,,,'",',",',",',',','...,",',.,...,'"..'.."'...,,',,",',',",',","',',',',",',..... '[J If ~h~ck~, ~o~ are r~qui;~t~ e~;ollth~~hild(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M Addendum OMS No.~ 0970.01 54 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name{s): DOB o If checked, you are required to enroll the child{ren) identified above in any health insurance coverage available through the employee's/obligor'S employment. PACSES Case Number Plaintiff Nam~ Docket Attachment Amount $ 0.00 Child{ren)'s l\Jame{s): DOB ....,. .., . -... ,..-.-.,., .,._, -, - , "'-"""""" ,. """""',..,....,',',',',..'.,..,.,..."."""",....,",,',",',',' ",", "". '" ',' ",," ,'",' ," ,', "',' ",', ","',',' ',',',' ','"-.,,.'., """"," ... "'''--'',''<', '-",-'" ..... ., ,....".."_..,,,, ....". -" ..., -..--,., '''''..."". ",..,"""",',',"',",'"","""".,-.",.,..",,,,',,',', ,', ,",', ",',','"',',.."",, ',,' '" " ',' ,,' ",' ,', '," '" ',,' ,', ", " ", ' '" -. .... '. --, ,. ., -,. " ..", ".-.. o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee'slobligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child{ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Form EN-028 Worker ID $IATT ORDER/NOTICE TO,W~T}lHOLD INCOME FOR: SUPPORT !Xt-r ~;J. -I ~cr Y State Commonwealth of Pennsylvania 1'l g[-<;; q 7/ t5 tiC; fG. Co.lCity/Dist. of CUMBERLAND ,JIK" , I Date of Order/Notice 12/02/02 )K S/&f7 Tribunal/Case Number (See Addendum for case summary) o Original Order/Notice @ Amended Order/Notice o Terminate Order/Notice INFO-MATRIX CORPORATION 2101 N FRONT ST HARRISBURG PA 17110-1086 RE:RIZZUTO, CHRISTOPHER J. Employee/Obligor's Name (last, First, MI) 210-66-7195 Employee/Obligor's Social Security Number 6107100940 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associafed with cases on attachment) Custodial Parent's Name (last, First, MI) EmployerMtithholder's Federal EIN Number See Addendum for dependent names and birth dates associatE~ with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's!obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1,199.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes @ no $ 0,00 per month in medical support $ 0,00 per month for genetic test costs $ per month in other (specify) for a total of $ 1,199.00 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: $ 276,69 per weekly pay period. $ 553.38 per biweekly pay period (every two weeks). $ 599,50 per semimonthly pay period (twice a month). $ 1.199.00 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 #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, HarrisbUlrg, Pa 17106-9112 IN ADDITION, PA YMENTS 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: C ~==;, ~""",,~,~"",'" ~~~o~ "::/ ~6?u/'l.cO ,{;' &'u/Jt:-"'^-;'I :Jl;;LJ(,c i Form EN-028 Worker 10 $IATT Date of Order: DEe 3 2002 Service Type M ~';'~~.l~:i~al~..zi~"~~: ;j) OMS No.: 097().{)154 _J~ -t/O)- Off'- ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If l:hecked you are required to prpvide a 1=0Py of this fonn to your employee. If YO\lr 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. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with th is notice. 2. 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. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withhold ing. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 4." Repoltilog tl,~ raydate!Date of 'Nitl,I.olding. Vot! n,t!st leport tl,e pay date/date of "itlnholding "I,en selodilog tke paymelot. The paydate/date of "ithholdilog is the date 010 "I,ich an,oUl,t "as ~itl,held "01.. tl,~ en,ploy,~e's "ages. You must comply with the law of the state of the employee'slobligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. S." 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 Jaw of the state of employee'slobligor's principal place of employment. You must honor all Orders/Notices to the greatest extent ' possible. (See #10 below) 6. Termination NotifICation: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the infonnation requested and retum a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2517885700 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: RIZZUTO, CHRISTOPHER J. 6107100940 DATE OF SEPARATION: 7. 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. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should ha':e withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law govems unless the obligor is employed in another State, in which case the law of the State in which he orshe is employed govems. 9. Anti-discrimination: You are subject to a fine detennined 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 govems unless the obligor is employed in another State, in which case the law of the State in which he or she is employed govems. 10." Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (IS U.S.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee'slobligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly eamings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. 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. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at !(717) 240-6225 or by FAX at !.Z1.Zl.j'40-6248 or by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 Form EN-028 Worker II) $IATT OMB No.: 0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: PACSES Case Number 197104486/?J/(pf7 Plaintiff Name ! ' KRISTEN N, RIZZUTO Docket Attachment Amount 02=1224 CIVIL $ 1,199.00 Child(ren)'s Name(s): RIZZUTO, CHRISTOPHER J. DOS PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOS o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee'sJobligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOS Service Type M Addendum OMS No.: 097()..()154 PACSES Case Number Plaintiff Nam'~ Docket Attachment Amount $ 0,00 Child(ren)'s Name(s): DOS .;...;.':..:.;...;....:.::..,:.;....:.:;:.;.;...;..:.;.,;.:.:,".:.;.:;'.;.:.;.;..:.;".;..;:.:.:.:-:;':; . ::,;.:::.;::.:.:;:;:;:.:;.;....:;:;:;:;:;..;;:::.::;.,:..;:;:;:.:;:;.;:.::;:::.:::;::-..:;:;:;:;:;.:;..:;:;.:..;.... d If~I1~I<~I,y~~ a~e~qui~d to enroll the child(ren) identified above in any health insurance coverage available through the el11ployee'sJobligor's employment. PACSES Case Number Plaintiff NamE! Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked" you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee'sJobligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOS EJii~heCked, you are required to enroll the Child(re~i ,\, ..' identified above in any health insurance coverage available through the elTlployee'sJobligor's employment. Form EN-028 Worker ID $IATT .' (") Cl 0 '~ N -'I :s.. r::::J ::;j "%" -ocn n, -.:- ........ cP !!J n 'il'lj=''::j. "-~-" I r"'J1't Zc;," .I::" Y ~~; q ,-:"c ",-" "1:) .''''1 ~I..-:~ :3: 40 .<"_(-\ orrJ s,--=c ~ 2: 'b! =< (J'l ~ >-:: C. 'I '...j"I....-I"ec! ,=J " , In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER sr, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Defendant Name: CHRISTOPHER J, RIZZUTO Member ID Number: 6107100940 Please note: All correspondence must Include the Member ID Number. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Plaintiff Name KRISTEN N. RIZZUTO Financial Break Down of MultiDle Cases on Attachment PACSES Docket Case Number ~ ~97104486 02-~224 CIVIL /)/ ~ 'i7 Attachment Amount/FreQuency $ I, ~99. 00 jMONTH I ~ $ / $ ~ I ~ $ / TOTAL ATIACHMENT AMOUNT: $ ~,~99.00 Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $ 276.69 per week, or 50. 0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, CHRISTOPHER J, RIZZUTO Social Security Number 210-66-7195 , Member ID Number 6107100940 . BUCBA is ordered to remit the amount atullChed to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached ulllder this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. ~ 1673(b)(2) and 23 Pa. C.S. ~ 4348(g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated SEPTEMBER 8, 2002 is exhausted, expired or deferro~. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: DEC 3 2002 (- ) '~~~ !;bt<Jl-J-.et> ;(;,CJ1D " JUDGE Service Type M Form EN-034 Worker ID $IATT L-'f/~ (') 0 0 C N 'TJ s: 0 ---J "U [1; !'Y1 rpL)) n I .- 1" _~_J 'r--" A.;.,.~... I ..,."'7-, :Zr-' en *1;t. .j;'" "'1(-:) -<:2:' ~~ r::, ~C -f ..:::~ -0 ,- .. ~> _.~ ::E: L;.2R :zl; )>2 w tsrn -! ?3 ~)> U1 ~D ""<. -< anned State Commonwealth of Pennsylvania Co.lCity/Dist. of CUMBERLAND Date of Order/Notice 03/11/03 Tribunal/Case Number (See Addendum for case summary) ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT Dd. :U19. -/ ~J- t/ {l/ 1// L ~4e5f'5 /cI7/oY'yf'& o Original Order/Notice, o Amended Order/Notice o Terminate Order/Notice EmployerNvithholder's Federal EIN Number INFO-MATRIX CORPORATION 2101 N FRONT ST HARRISBURG PA 17110-1086 RE: RIZZUTO I CHRISTOPHER J, , Employee/Obligor's Name (last, First, MI) 210-66-7195 Employee/Obligor's Social Security Number 6107100940 Employee/Obligor's Case Identifjer (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (last, First, Mil See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: 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 support $ 0,00 per month in past-due support Arrears 12 weeks or greater? 0 yes (g) no $ 0.00 per month in medical support $ 0.00 per month for genetic test costs $ per month in other (specify) fo"r a total of $ 0 . 00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the SUPPOlt 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 biweekly pay period (every two weeks). $ 0,00 per semimonthly pay period (twice a month), $ 0.00 per monthly pay period. REMITTANCE INFORMA TlON: 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 #10 on pg. 2). If remitting by EFTfEDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Date of Order: Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 171 06~9112 IN ADDITION, PA YMENTS 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: ' ,J., :,/""r:..f @cu4eD E, '~JOI/) MAR 1 2 2003 Service Type M :,,",< ~~_~? ;2} V:~~.1 r~7r f;} ~, ~..~~.'j..'!t~~~~.1~~Jtj-:.~7 OMB No.: 097().(J154 JtjMG Form E N-028 Worker I D $ IATT ..3-/J.-o3 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS O'f ~hecked you are required to provide a (:opy of this form to your employee. If yo~r employee works in a state that is ditterent from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. 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. 3. 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. 4. * Reporting t:-~e .Pa)~;t!~~ of Withholdin~. rOt! mt!st repo~ !',e paydateJdate Of;w;itnholding ..hen sendil,g the pay ":lent. The paydateldate-of WIthhOlding IS the date on vvhlch amount vvaS-Wftl,held from--theemp 10 ree's v.ages. 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. 5. * Employee/Obligor with Multiple Support Holdings: If there is more than one OrderlNotice 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 greatestextent possible, (See #10 below) 6. 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. WITHHOLDER'S 10: 2517885700 , EMPLOYEE'S/OBlIGOR'S NAME: RIZZUTO, CHRISTOPHER J, EMPLOYEE'S CASE IDENTIFIER: 6107100940 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW fMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum palyments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments; contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for hoththe accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs uni,...ss the obligor is employed in another State, in which case the law of the State in which he Of' she IS employed governs. 9. AntkJiscrimination: 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 oil 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, 10. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.c. 91673 (b) 1 ; or 2) the amounts allowed by the State of the emplo)'ee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. 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. Submitted By: DOMESTIC RELA nONS SECTION 13 N. HANOVER ST r.o, BOX 320 CARUSLEPA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at Q17) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 Form EN-028 Worker ID $IATT OM8 No.: 0970-0154 o -o~ !Till: ~j~ cr~ E:: :?:c ~C ,v" ~; ~3 -- -~ C.:"i c..: -.",;00 --.::... -, ..,...." h -r]' . ~lj (') "~, n ,,"', I "J (J') j~ -<.. State Commonwealth of Pennsvlvania Co.lCity/Dist. of CUMBERLAND Date of Order/Notice 03/17/03 Tribunal/Case Number (See Addendum for case summary) ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT ok!' C2tJ0;) - / ;;-;;-q eJ t/j L /Y}(!.SE9 /9 7/0 Lj'l'r~ @ Original Order/Notice o Amended Order/Notice o Terminate Order/Notice GLOBAL DATA CONSULTANT INC 219 FALLING SPRING RD CHAMBERS BURG PA 17201-8482 RE: RIZZUTO, CHRISTOPHER J, Employee/Obligor's Name (Last, First, MI) 210-66-7195 Employee/Obligor's Social Security Number 6107100940 Employt'e/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) Employer/Withholder's Federal EIN Number See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA nON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1, 19 9,00 per month in current support $ 0,00 per month in past-due support Arrears 12 weeks or greater? 0 yes <X) no $'-'-O"~bO-per month in medical support $ 0,00 per month for genetic test costs $ .---- per month in other (specify) for a total of $ 1,199.00 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: $ 276.69 per weekly pay period, $ 553.38 per biweekly pay period (every two weeks), $ 599.50 per semimonthly pay period (twice a month). $ 1,199.00 per monthly pay period. RfMITTANCE INFORMA TION: 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 J 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 em pi oyee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2), If remitting by EFI/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions, Make Remittance Payable to: PASCO U Send check to: Pennsylvania SCOU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL, BY THE COURT: Date of Order: MAR 1 ~ lUU~ " ~',:>,~". 8tU~b ..JVME Form EN-028 Worker ID $IATT Service 1 ype M """',.-, - 1lI"''''" ~....-..... I, ':.'IP, :~.:'.: 'Y!7",.(J!S.! 3-/tc3___ {),e/6 ::::; c:: .~;,r1- -'JI~. V!NI//\1J,SNN3d ..":~. ::lr-:,i;\;!r)"J 95:2 If fZ C'n C".. ..., ~c.. ~ ~ '4''' .. ... M! ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If checked you are required to provide a copy ot 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 h", provided to YOUI' employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. 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. 3. 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. 4. * RepOltillg ti,e ra~date/Date of Withl,oldil,g. You 1I1ustlepOlt ti,e paydate/date of vvitl,holdil,g ",I,el, !lellding ti,e payl1 lei I!. Tl.e pa~dare/date of vvitl,l,oldil,g is the date 01, vvl,id, alllount vvas vvitl,l,eld f10lll ti,e elllploye,~'s vvages. 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. 5. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/i'Jotice 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 taw of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. 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. WITHHOLDER'S ID: 9178100176 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: RIZZUTO, CHRISTOPHER J, 6107100940 DATE OF SEPARATION: 7. Lump Sum Payments: Y(lU may be required to report and withhold from lump sum payments such as bonuses, commissions, or sevemnce pay If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should h ,'If' withheld fmlll the emplvyee/0bligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs un:",;> the obligor is employed ill another St~te, 111 wlll,h case the law of the State in wh ich he or she is employed governs, 9. Anti-discrimination: Vou 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 obligoris employed 111 another State, in which case the law of the State in which he or she is employed governs. 10. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.s.e. 91673 (b)1; or 2) the amounts allowed by the State of theemployee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. 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. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O, BOX 320 , CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATIACHMENT UNIT by telephone at )717) 240-6225 or by FAX at f.Z1Zl...240-6248 or by internet www.childsupport.state.pa.us ~)ag€ 2 of 2 Form EN-028 Worker ID $IATT Service Type M '.)I\AB N{,,' l.j971)~O'."H- ADDENDUM Summary of Cases on Attachment Defendant/Obligor: RIZZUTO, CHRISTOPHER J. PACSES Case Number 197] 04486 Plaintiff Name KRISTEN N. RIZZUTO Docket Attachment Amount 02-1224 CIVIL$ 1,199.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee'sfobligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If .:hecked, you dre required to enroll the child(ren) idpnl.jfjed dhovp in dny health insuran( e coverage available through the l:'llIployee'sfohligor's l:'mpluyment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB If checked, you are required to enroll the child(ren) above in any health insurance coverage available the employee'sfobligor's employment. Service Type M OMB r,ju.' ~lq70.[)1 ';4 PACSES Case l\lumber Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s I\lame(s): DOB If you are required to enroll the child(ren) above in any health insurance coverage available through the employee'sfobligor's employment. PACSES Case Number Plaintiff Name. Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage availabi.~ through the employee'sfobligor's employment. PACSES Case Number Plaintiff Namt~ Docket Attachment Amount $ 0,00 Child(ren)'s Name(s}: DOB If checked, you are required to enroll the child(ren) above in any health insurance coverage available through the employee'sfobligor's employment. Addendum Form EN-028 Worker 10 $IATT CHRISTOPHER J. RIZZUTO, PlaintiffnResponden~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW No. 02 - 1224 CIVIL TERM KRISTEN N. RIZZUTO, Defendant/Petitioner. IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, comes Petitioner, Kristen N. Rizzuto, by and through her attorneys, Irwin, McKnight & Hughes, Esquires, and petitions the Court as follows: 1. Petitioner is the above-named Defendant, Kristen N. Rizzuto, an adult individual currently residing at 66 James1ee Drive, Chambersburg, Pennsylvania 17201. 2. Respondent is the above-named Plaintiff, Christopher J. Rizzuto, an adult individual who upon information and belief currently resides in Chambersburg, Pennsylvania. 3. The parties separated on or about February 11, 2002, when the Respondent requested and the Petitioner agreed to move herself from the marital residence. 4. On March 12, 2002, Respondent filed a Complaint in Divorce. 5. On April 24, 2002, Petitioner filed a Petition for Alimony Pendente Lite and is currently receiving $1,199.00 per month from Respondent pursuant to an Order of Court dated July 19, 2002, issued following a hearing before the Cumberland. County Support Master. 6. Since the separation of the parties, Respondent has retained the sole use of a 2000 Mercury Cougar automobile. 1 7. The automobile is titled in joint names, but has been exclusively in the possession of Respondent since the separation of the parties. 8. Petitioner has recently been contacted by a representative from Ford Motor Credit who informed her that the loan payments for the vehicle are not current and that if payments are not received the vehicle will be repossessed. 9. Upon information and belief, Respondent was also contacted about the failure to make the monthly loan payments and he consented to the repossession of the vehicle by Ford Motor Credit. 10. Upon information and belief, Respondent has informed Ford Motor Credit that he is unable to pay the current monthly loan amount, and to date Respondent has made no attempt at even partial payments. 11. Upon information and belief, Respondent has made no attempt to sell the vehicle in an attempt to satisfy the vehicle loan to Ford Motor Credit. 12. Upon information and belief, Respondent has made no attempt to trade in the vehicle for a less expensive model, thereby satisfying the current vehicle loan, 13, Petitioner, through the parties' respective legal counsel, has informed Respondent that she would sign any and all paperwork necessary to sell or transfer the vehicle so that it is not repossessed and the current loan is satisfied. 14. Repossession of the vehicle would result not only in increased liabilities to the parties, but would adversely affect the credit of both parties. 1 S. Despite repeated requests to avoid repossession to Respondent's legal counsel has indicated only that Respondent will try to make payments to avoid repossession. 2 16. As a direct result of the above, Petitioner has incurred and will incur significant additional attorney fees in order defend her interests in the divorce action. 17. Petitioner respectfully requests an increase :in the current monthly alimony pendente lite in order to support herself and defend the divorce action filed by Respondent, an order directing Respondent to pay the monthly vehicle loan payments, an order directing Respondent to sell the subject vehicle, and/or an order directing Respondent to otherwise trade in the vehicle and satisfy the current loan. WHEREFORE, for the above reasons, Petitioner, Kristen N, Rizzuto, respectfully requests this Honorable Court to enter an Order as requested above, as well as such other and further relief and may be necessary or just. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: Date: April 30, 2003 Douglas Supreme ~ urt J.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for DefendantJPetitioner, Kristen N. Rizzuto 3 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief, I understand that false statements herein made are subject to the penalties of 18 Pa,C.S.A. Section 4904, relating to unsworn falsification to authorities. Jiil~~7d KRIST N. RIZZ t$ Date: April 29 , 2003 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: MARTHA WALKER, ESQUIRE 247 LINCOLN WAY EAST CHAMBERSBURG, PA 17201-2295 Date: May 1, 2003 IRWIN, McKNIGHT & HUGHES Mill r, Es uire Supreme ourt J.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Petitioner, Kristin J. Rizzuto (") c: ...,. "1.:) 55 mn, '"'? --or' ::s: co ___, ~~.. ~~~~' ):....;... ,; ~(-'J >-c Z ~ C'" (.,j ~J!: ;. ~::.w ~~T~.... G "'1'1 :.....> f\,:) CHRISTOPHER J. RIZZUTO, PJaintiff/Respondent, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW No. 02 - 1224 CIVIL TERM KRISTEN N. RIZZUTO, Defendant/Petitioner. IN DIVORCE ORDER OF COURT AND NOW, this 1~ day of ~ , 2003, upon consideration of the within Petition for Special Reliel; a hearing is scheduled for _. M 'q I' ,2003, at 1 D:OO o'clock A . m., in Courtroom # S, Cumberland County COurthonse, Carlisle, PennsylVania 17013, J. ~i. ck } ~ ~~f ~ ~ ~ i Z 1- \ 'P ~ \11N'Vi\llS~f~~~,,\ () I' In,....'".", r,,!\'\( :.J'",'~\ ~t I:) )J, ",." .' '.1\1 !'-.! , 9t'j :01 - ':11.,1 cn tJ - l\:J 7,"1 l~):.., A'clVJD I,....' :1-.....1 LAW OFFICES JUN 1 O~ IRWIN McKNIGHT & HUGHES ROGER B. IRWIN MAf!.CUS A. McKNIGHT, III JAMES D. HUGHES REBECCA R. HUGHES DOUGLAS G. MILLER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE. PENNSYLVANIA 17013-3222 17171 249-2363 FAX (717) 249-6364 ~MAft:IMHLAW@SUPERNE~COM HAROLDS./RWIN (1925-1977) HAROLD S. IRWIN. JR. (1954-1986) IRWIN, IRWIN & IRWIN (1956-1986) IRW1N, IRWIN & McKNIGHT (1986-/994) IRWIN, McKNIGHT & HUGHES (1994- ) June 9, 2003 THE HONORABLE EDWARD E. GUIDO CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, P A 17013 RE: RIZZUTO v. RIZZUTO DOCKET NO.: 2002 - 1224 Dear Judge Guido: f'LdJ:;-a' fD W, /h~~ P-dihfYl ~(0'p~;"1 This letter shall confirm my telephone conversation with your secretary during which I {(-el j &-- indicated that my client was withdrawing her Petition for Special Relief regarding repossession of a vehicle. Thank you for your attempts to schedule a hearing in this matter. Please contact me in the event there are any additional questions or concerns. Very truly yours, IRWIN, McKNIGHT & HUGHES ~!!M~ DGM:tds cc: Martha Walker, Esquire Kristen Rizzuto P ':o{i!: tj) r/'( ~.:) c;; '';' f'5;~: )..,~ -.. ~_... s!€-/-", ~.,- '<, ....., .....-, , /3] ~ -';;;;; "".... .0 ,> '-, :':-> ;::::, r...., },):;r ~:~.7..i . "--' "<C) ':l"_:;~~' "~-r\-S -.- ) ,}.; :J.,) " ---. <:::, ::s '- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Christopher 1. Rizzuto, ) Plaintiff, ) ) vs. ) ) Kristen N. Rizzuto, ) Defendant, ) Civil Action - Law No.02-1224 - Civil Term In Divorce a v.m. AFFIDAVIT OF CONSENT I. A Complaint in Divorce was filed on March 12. 2002 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verifY that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: .January 16, 2004 1234755-1 , Q ~ ~ ~ ~ ~! c... ~:n ~ ro ~~ ~6 (J) ~.~ -0 g~ ::r; N .. ;g ::! 0 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Christopher J. Rizzuto, ) Plaintiff, ) ) vs. ) ) Kristen N. Rizzuto, ) Defendant, ) Civil Action - Law No. 02-1224 - Civil Term In Divorce a v.m. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Januarv 16. 2004 1234755-1 t ...... ~ ~ ilXJ c: :;i 1 S;; ffi:D . ~ III il!~ ~~~~! ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Christopher 1. Rizzuto, ) Plaintiff, ) ) vs. ) ) Kristen N. Rizzuto, ) Defendant, ) Civil Action - Law No.02-1224 - Civil Term In Divorce a v.m. AFFIDAVIT OF CONSENT I. A Complaint in Divorce was filed on March 12. 2002 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service ofthe Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1- 13-0t/ 1234755-1 C) b~:'~ ii; ......, <=> = ,L- ..." ,.." CO o .1 :::;l ---n f11r::: -Orn :.',jl::J ~;~(S ~;~~~ (~j;rn co ~ ._~~ c:> 0-' ::;=-: ~_' -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Christopher J. Rizzuto, Civil Action - Law Plaintiff, ) ) ) ) ) ) ) No.02-1224 - Civil Term vs. Kristen N. Rizzuto, Defendant, In Divorce a v.m. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: /-/3 -0'/ Christopher J. Rizzuto, Plaintiff 1234755-1 0 ...., c- c;;l 0 c."? , ...- -n ':0 " ..." ::;:! : i r""1 -~::!J CO rn,_. :;1 1'1 0 C) '? " "" 0 -" ~:5.~q ,- -.." " c: c~ 1jrn ~~ .. ::-\ ~' "'- ;.;;.- " o~, ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Christopher J. Rizzuto, ) Plaintiff, ) ) vs. ) ) Kristen N, Rizzuto, ) Defendant, ) Civil Action - Law No. 02-1224 - Civil Term In Divorce a v.m. PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE To the Prothonotary: Please withdraw Robert B. Liberman, Esquire as attorney for the Plaintiff in the above-captioned case and enter the appearance of Martha B. Walker, Esquire as attorney for the Plaintiff. BARLEY, SNYDER, SENFT & COHEN, LLC BV '-:'1,1i1!.,: ir!U,- r:t~~y for Plaintiff fZ~"V . Robert B. Liberman, Esquire "" 1234805-1 (') ...., 0 = ~...,; CO"" -('I ...- ,Jrr ...., ::;:l r:"1 ~-n ~ i rnp CD / , '>f! rTl ~:I 0 0 0::' -'--iC. ,.- ~r, :::~ ;-':;\:r.~ ~8 ('J) ..;-, r- ~1 , -, (j", -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Christopher 1. Rizzuto, ) Plaintiff, ) ) vs. ) ) Kristen N. Rizzuto, ) Defendant, ) Civil Action - Law No. 02-1224 - Civil Term In Divorce a v,m. PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code, 2. Date and manner of service of the Complaint: March 22, 2002 - Acceptance of Service signed by Defendant's counsel. 3. Date of execution ofthe Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by Plaintiff, January 13,2004; by Defendant, January 16,2004. 4, Related claims pending: Resolved through private Agreement; 5. (a) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: February 10, 2004; (b) Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: January 28, 2004. BARLEY SNYDER By: t€5. ~k-, artha B, Walker, Esquire ttorney for Plaintiff 1245391-1 (j ~) ,-' c::..~ (.~;~ , , "'"';'1 r-, r , ,,,.,, ,'.) -, :-.. -' (;1 f".::- ~l i ~ ~ B .;.->>;0;::.>>;.,.:*::. .:'.:':'~:'..'''';: ":.::'.::'>>;"'>>::0::.:.::0:: ).:c.:: ".>>::.':":';', :.:c..:.::....:.:... ":.:" ' '::.:'" . ;::.:".::.::' ~ ~..~ a ~.~ ~ ># ~ ,.... ~ ~ ,.~ i ~..~ ~:+?:__5<<":':<<<: :;=!:.:,:-~:.,.:+x :;:+x,":<<~<: ,':C'::::-:+:( :;:+:(:.:<<( X<<(X+:<:-:':':':':':( :;:+:.: ':+:':::>:::X+,>:Xc;$:;~:XX<<'l$-:'XX<<':::'X<<;:':CO::::-:CO:::!1 ,-'~ ~ v' ~ ~ ~.~ IN THE COURT OF COMMON PLEAS * ~.~ OF CUMBERLAND COUNTY ~ STATE OF PENNA. ~ ~ ~.~ ~ y ~ '.' ~ '.' i '.' ,Christop.her:,}, Rizzuto" II II .._mom_ il II I I I I Civil Term No. ..,OZ::-UZ4...., ..,..,)d{9 ~ ~.~ .,...J:'J~J,l).,HJ" Versus l~ ~ ~ ~.~ .Kri,$,te,n,('l., RizzuJ;Q, ' ~ '.' , Defendant" f.'; ~ ,; ;.~ ~ ~ ~l DECREE IN D I V 0 R C E vr ):I{()f',+'I AND NOW, ' , . . , ' , , . ('fl,~ . iJ:'. . ' , . " iR. 20D4., it is ordered and decreed that,. ,CIjIUSrQl?Ij~ILJ. ,RIZZUTO...",....,....,.""..,. plaintiff, and. ,!<?-~13;r!lN, N", ?-~~~!1;rp. , . ' . . . . . . . , . , . . . . . , . , . , . . , . , , . . , . , , " defendant, are divorced from the bonds of matrimony. ~ ~.~ ~ '.' ~,~ ~ .'f: i ~.~ ~ " ~.~ ~ ~.~ ~ i ...,.~ $. ~.~ The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ~ ... ~ r.~ ,..I6Mf .......,....................,............,................................ , ~11~'I:;J Prothonotary -~~---------,~-~--,-,-~ ~ "::.:':':'::.:.__::-:+;':'::.;':;:;':.;':>8;..::.:'-'::.;..'::.;' ,.::.::.: k~ , ~.~ ~ ~.~ ~ ~'s ~ f.o" ~ ~'o; ~.~ ~ ~ ~.~ "'" ,-'" ~ i '+.~ ~ ~.~ l" ~, ~ ~.~ ~ ~.~ ~~~ ~ N ~ ~~; ~ ~.~ N ~ ~ '+.~ ~ ~.~ ~ ~ ~ ~.~ ~.~ ~ ~ ... ~ ~~ ~ ":.4 ~ ~.~ ~ '.' ~ ~i ~ '.' ~ '.' ~ '.' ~ '.' $ J. * ~ ~ '.' ~ '?/'tV F 7'-- ~zn-Y ~J-t, /,0, h' E ~~~ ~-~#"~ /7a 11''C. ,~. ," CHRISTOPHER J, RIZZUTO, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 02-1224 CIVIL TERM KRISTEN N. RIZZUTO, Defendant : IN DIVORCE NOTICE OF INTENTION TO RETAKE AND USE PRIOR NAME I, KRISTEN N. RIZZUTO, hereby give notice, avowing my intention to resume and hereafter use my prior surname, to wit: KRISTEN N. STAHL, in accordance with the provisions of the Act of December 16, 1982, P.L. 1309, No. 295, Section 704(a) (54 Pa.C.S.A. 704(a). My divorce is docketed to 02-1224 Civil Term. I verify that the statements made in this document 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. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 8th day of March, 2004. WITNESSED: vdA9.A--I?<--YfJ!l....Jbd-4k -' AL) (SEAL) COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this 8th day of March, 2004, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, KRISTEN N, RIZZUTO, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Notice of Intention to Retake and Use Prior Name, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NcIaftaI SeeI MaI1ha L Noel. NoIary Pld: Carliole Boro. Cu.oboIIaIodCallly My cO','iffiissIon ElqlIres SlIpl. 18. '1!1J7 I\'k__' "~"~;,;::';,vlvania Association Of Notaries ~f\ ~~ -. ~J ~ N ~ "' ~\ ? L.I ~ t (') '" = 0 c: C'::;:;. ~~ ..,.. " " ; =r. --; [}-; : 2;", " - :::;:1 Ffif11 -".," I '"c15jJ C" :0 r-':< '-0 C-j ~- '=t(J "j';,: ~- '"1:1 -C-"i ';::-::j,- -,.,.. ():JJ .~:~ ( -: -,". --,(") ....,. - t5'-n (;:- N -- ;;::--f =2 U1 ::-(1 ...... - 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 Fax: (717) 240-6248 Defendant Name: CHRISTOPHER J. RIZZUTO Member ID Number: 6107100940 Please note: All correspondence must include the Member ill Number. ORDER TO VACATE ATIACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multiole Cases on Attachment Plaintiff Name KRISTEN N. RIZZUTO PACSES Case Number 197104486 Docket Number 02-1224 CIVIL $ I $ $ I $ Attachment Amount/FreQuencv 1,199.00/MONTH ? / / % I / / TOTAL ATTACHMENT AMOUNT: $ 0,00 The prior Order of this Court directing the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), to attach $ 0.00 or 50 % per week of the Unemployment Compensation benefits of CHRISTOPHER J. RIZZUTO , Social Security Number 210-66-7195 , Member 10 Number 6107100940 is hereby vacated. This Order to Vacate shall be effective upon receipt of the notice of the Order by the Department and shall remain in effect until a further Order of the Court is filed. BY THE COURT Date of Order: --.::tJ Ii I d~ ~ JUDGE Service Type M Form EN-035 Worker ID $IATT 0 ...., Co = ,::; f:':::> -" .r- < ~> ~J ""t} u 1;,-:1 _J._ ""'" nlr:::.:: .'- ~O,Tl ~~'1 CJ .;:- :.") I ~::Jr? "T' i,-") " .......:.. CJ (~- ;"Ti (..) : --..\ .r.- ...,; -< c..r1 -.'"- .:::.' C:: d n 1'--,. ;c..,.~ C:1 EmployerMlithholder'S Federal EIN Number State Commonwpalfh of Ppnnsvlvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 04/13/04 Tribunal/Case Number (See Addendum for case summary) RE: RIZZUTO, CHRISTOPHER J. Employee/Obligor's Name (last, First, MI) ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 11, ( l)L-(Lfg~ 0...) - Id ~ t.J Llu-l o Original Order/Notice -, o Amended Order/Notice (8) Terminate OrderlNotice GLOBAL DATA CONSULTANTS, INC. STE 11 166 S MAIN ST CHAMBERSBURG PA 17201-2500 210-66-7195 Employee/Obligor's Social Security Number 6107100940 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 INFORMA TlON: 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 support $ 0.00 per month in past-due support Arrears 12 weeks or greater? 0 yes <X) no $ 0.00 per month in medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ o. 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: $ 0.00 per weekly pay period. $ 0.00 per biweekly pay period (every two weeks). $ 0.00 per semimonthly pay period (twice a month). $ 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 5';% of the employee's! obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SeDU, p,O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUM'~ER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: y Ili/~y BY THE COURC - Service Type M OMB No.: 0970-0154 Form EN-028 Worker 10 $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If (hecked you are required to provide a ,opy of this form to your employee, If your employee works in a state that is ditterent from the state that issued this order, a copy must be provided to your employee eVen if the box is not checked, 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice, 2, 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, 3, 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, 4, *,:"~~;;~o ~'~ '~~I~~~~~~ ~:~~~'~~I~;t :~~,,:~:~~ ~~:'~ ll~~ ~.~~:.~~;~:~ ~~ :~:~I,.uld;',~ ..I,~" 'c"di"o tl,c pa,,,,,,,,,!. TI,~ pa,ddl"'d'kof..,iI,h"IJ"'o"tl.cda ., I, . ,I" I " "~ce"..gt;, 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, S. * 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 #10 below) 6, 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, WITHHOLDER'S ID: 5933412100 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: RIZZUTO. CHRISTOPHER J. 6107100940 DATE OF SEI'ARATlON: 7, 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, 8, 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, 9, Antkjiscrimination: 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, 10, * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (1 S U ,S,C, ~ 1673 (b) 1 ; or 2) the amounts allOWed by the State of the employee's/obligor'S principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE), ADWE is the net Income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11, 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, Submitted By: DOMESTIC RElA nONS SECTION 13 N. HANOVER ST p,O. 80X 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at 07) 240-622S or by FAX at (7171 240-6248 or by internet www.childsuPPorl.state.pa.us Service Type M Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Worker ID $IATT 0 r--> () C.::J C <.'" -01 ><:.- ...- ~J ."U ~ 'I. : ",. n i .....i-:t rll i'c,;: ;;.() -T,.,1-1"l :-tJC? ":- O~ _.,,~CJ -n ;,,~ :l~ -L.. -;r"', - I ,1 !--~l ( {:! ::::, .~ ~ ~-:G ~ Cl -< ,"" -':1 n ~"\ t=;l In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KRISTEN N. RIZZUTO ) Docket Number 02-1224 CIVIL Plaintiff ) vs. ) PACSES Case Number 197104486 CHRISTOPHER J. RIZZUTO ) Defendant ) Other State ID Number ORDER AND NOW, to wit, on this 3RD DAY OF MAY, 2004 IT IS HEREBY ORDERED that the support order in this case be 0 Vacated or o Suspended or ~Terminated without prejudice or 0 Terminated and Vacated, effective JANUARY 16, 2004 , due to: THE PARTIES' MARITAL SETTLEMENT AGREEMENT. THERE IS A REMAINING CREDIT OF $1131.52. DRO: RJ Shadday xc: plaintiff defendant o:>uglas Miller, Esquire Martha Miller, Esquire ~~ ..........; ll!"'"'r7i C": II, ' , j _ ' .)JJ,:;...L. " _. ,- ,,-,," - -?r'. 5> /- () ___..~_._,':t:-~ ----,'--',' - BYTHECO~ Edward E. Guido JUDGE Service Type M Form OE-S04 Worker ID 21005 () c: <;: ....Ul~r. rnl-:r -7-J ;.~(, ~~~ ,; . r:: .~::C <~-C ).~~~ "'::, =< '-',:,," ....., = = ..,.. :x "... -< , J;:" ~ 'i!, 'T\ np ~z --l-ri :c-u 0,0 2m ~~ ?D :< -0 3 W .. C> N