first notice to admit

CIVIL COURT OF THE CITY OF NEW YORKCOUNTY OF KINGS

INDEX NO. 056717/2013NEW CENTURY FINANTIAL SERVICES, INC.,

Plaintiffs,FIRST NOTICE TO

-against- ADMIT FACTS ANDGENUINESS OF

Michael Krichevsky,, DOCUMENTSDefendant.

Michael Krichevsky,Third Party Plaintiff,

-against-

John Fasone, Yonatan Levoritz, Esq., Victor Katkalov, KINGSCOUNTY CHILD SUPPORT COLLECTION UNIT, ElenaSvenson,

Third Party Defendant.

C O U N S E L O R S :

PLEASE TAKE NOTICE, that pursuant to rule 3123 of the CPLR, defendants JohnFasone, Yonatan Levoritz, Victor Katkalov, KINGS COUNTY CHILD SUPPORTCOLLECTION UNIT (CSCU) by GLADYS N. EGWOUNWU, ESQ. and Elena Svenson eachseparately are hereby requested to furnish to the undersigned, within 20 days after service of thisnotice, a written admission UNDER OATH of facts and of the genuineness of the followingpapers and/or documents, copies of which are annexed hereto as exhibits:

INSTRUCTIONS

If you deny genuineness of document or of information in the document, please provideone of your own, which you can locate in Kings County Family Court file or your ownfile. In addition, if you deny any fact please state the ground, name the witness orproduce documentary evidence you now rely in your denial. If you need more space, useseparate sheet of paper with the corresponding ^f number.

1. Plaintiffs financial disclosure affidavit, pay stubs and attorney's affirmation filed inKings County Family Court, Exhibit 1.Admit Deny

2. Admit the fact that in above said affidavit plaintiff lists his checking account fromSovereign Bank - with $1700.00 balance.Admit Deny

3. Admit the fact that plaintiff in above said affidavit made the following statement, "mydebt is $ 1.6 million versus income less than 4K per month. I am technically a bankrupt."Admit Deny

4. To defendants Fasone, Levoritz, Katkalov, CSCU and Svenson, admit the fact thatneither Svenson, nor CSCU or any other witness produced any admissible documentaryevidence to rebut Plaintiffs financial disclosure affidavit, pay stubs and attorney'saffirmation.Admit Deny

5. NOTICE OF DEPOSITION UPON ORAL EXAMINATION and NOTICE TOPRODUCE served on August 10, 2009 on the CITIBANK, which copy sent to myattorney, Dan Singer, Exhibit 2.Admit Deny .

6. To defendants Levoritz and Katkalov: please admit that in your If 19 of third-party answerto my 129 complaint you deny any knowledge that I had contract with Citibank.Admit Deny .

7. NOTICE OF DEPOSITION UPON ORAL EXAMINATION and NOTICE TOPRODUCE served on August 10,2009 on the LEON MANDEL of LEONCONSTRUCTION, which copy sent to my attorney, Dan Singer, Exhibit 3.Admit . Deny

NOTICE OF DEPOSITION UPON ORAL EXAMINATION and NOTICE TOPRODUCE served on August 10, 2009 on the SERGEY DRABKIN of CONSELAENGENEERTNG, PC, which copy sent to my attorney, Dan Singer, Exhibit 4.Admit Deny

9. To defendants Levoritz and Katkalov: please admit that in your ^ [ 25 and 30 of third-party answer to my Tffl 51 and 58 of complaint you deny any knowledge that I had validcontract with LEON CONSTRUCTION.Admit Deny

10. To defendants Levoritz, Katkalov and Svenson: please admit that you acted on thepresumption that contracts between CITIBANK, LEON CONSTRUCTION and me werevalid when you served above mentioned subpoenas and mentioned LEONCONSTRUCTION in your affidavits or affirmations, or both during the child supportproceedings.Admit Deny

11. To defendant Fasone: please admit that you acted on the presumption that contractbetween LEON CONSTRUCTION and me was valid when other defendants servedabove mentioned subpoenas and mentioned LEON CONSTRUCTION in their affidavitsor affirmations, or both during the child support proceedings.Admit Deny

12. FINANCIAL DISCLOSURE AFFIDAVIT PRE-FATHER ABANDONMENT filed inKings County Family Court and served on my attorney, Dan Singer.Admit Deny

13. To defendants Levoritz, Katkalov and Svenson: please admit that in above said affidavitEXPENSES sec. Tfa. rent or mortgage payments, you list $2600.Admit Deny

14. To defendants Levoritz, Katkalov and Svenson: please admit that in above said affidavitEXPENSES sec. ^fa. is false because Svenson did not work, did not pay rent or mortgage- instead, I did.Admit Deny

15. To defendants Levoritz, Katkalov and Svenson: please admit that in above said affidavitEXPENSES sec. ^fg. household repairs, you list $10,000 unspecified monthly or weeklyexpense.Admit Deny

16. To defendants Levoritz, Katkalov and Svenson: please admit that in above said affidavitEXPENSES sec. ^fg. is false because Svenson did not work, did not pay rent or mortgage- instead, I did - and even I did not spend $10,000 per month in repairs.Admit Deny

17. To defendants Levoritz, Katkalov and Svenson: please admit that in above said affidavitEXPENSES sec. If e. you list utilities $520Admit Deny .

18. To defendants Levoritz, Katkalov and Svenson: please admit that in above said affidavitEXPENSES sec. ^fg. is false because Svenson did not work, did not pay for utilities -instead, I did.

19. Admit Deny

20. To defendants Levoritz, Katkalov and Svenson: please admit that in above said affidavitEXPENSES sec. 1f j. you list in auto expenses loan $770.Admit Deny

21. To defendants Levoritz, Katkalov and Svenson: please admit that in above said affidavitEXPENSES sec. Tf j. is false because Svenson did not work, did not pay for auto expenses- instead, I did - but I did not have $770 per month in auto loan.

22. Admit Deny

23. To defendants Levoritz, Katkalov and Svenson: please admit that in above said affidavitEXPENSES sec. 1f.m. You list health insurance $1000

24. Admit . Deny

25. To defendants Levoritz, Katkalov and Svenson: please admit that in above said affidavitEXPENSES sec. ^f m. is false because Svenson did not work, did not pay for healthinsurance - instead, I did.

26. Admit Deny

27. To defendants Levoritz, Katkalov and Svenson: please admit that in above said affidavitEXPENSES sec. ^f v. other you list jewelry as monthly expenses.Admit Deny

28. To defendants Fasone, Levoritz, Katkalov and Svenson: please admit that in above saidaffidavit EXPENSES sec. 1 v. is false because Svenson later testified to Fasone, Levoritzand my attorney, Dan Singer, during evidentiary hearing that Svenson didn't havejewelry, except one little ring.Admit Deny

29. To defendants Levoritz, Katkalov and Svenson: please admit that above said affidavit isperjury and fraud upon the court due to the false information in it.Admit Deny

30. FINANCIAL DISCLOSURE AFFIDAVIT POST-FATHER ABANDONMENT filed inKings County Family Court and served on my attorney, Dan Singer.Admit Deny

31. To defendants Levoritz, Katkalov and Svenson: please admit that in above said affidavitINCOME section you list $2825 per month.Admit Deny

32. To defendants Fasone, Levoritz, Katkalov and Svenson: please admit that in above saidaffidavit total of expenses would be $4245.Admit Deny

33. To defendants Fasone, Levoritz, Katkalov and Svenson: please admit that above saidaffidavit is false because it is mathematically impossible to pay monthly $4245 inexpenses with $2825 in income.Admit Deny

34. To defendants Levoritz, Katkalov hand Svenson: please admit that in above said affidavityou list debt to IRS is $300.000Admit Deny

35. To defendants Levoritz, Katkalov and Svenson: please admit that above said statement isfalse because real debt to IRS at that time was about $130.000.Admit Deny

36. To defendants Levoritz and Katkalov: please admit that you prepared above saidSvenson's affidavits and you certified the accuracy of information by your signature.Admit Deny

37. To defendants Fasone, Levoritz, Katkalov and Svenson: please admit that above saidaffidavits are perjury and fraud upon the court due to the false information in them.Admit ^ Deny

38. To defendants Fasone, Levoritz, Katkalov and Svenson: please admit that you did notproduce a timely reply to my Custody and Visitation PetitionAdmit Deny

39. To defendants Fasone, Levoritz, Katkalov and Svenson: please admit that you did notproduce a timely reply to my Child Support Modification Petition.

Admit Deny

X[defendant's signature]

Sworn to before me this. day of May, 2014

NOTARY PUBLIC

FAMILY COURT COURT OF THE STATE OF NEW YORKCOUNTY OF KINGS_______ ---- ---- _-.* ---- --- ------ _ y^

ELENA SVENSON, File No: 142040Docket No.: P-28901

Petitioner,Next Appearance Date:

-against- ' October 8, 2009Part 27

MICHAEL KRICHEVSKY, Hon. John M. Fascone,Special Magistrate

Respondent.FINANCIALDISCLOSUREAFFIDAVIT

NOTICE: YOU ARE REQUIRED TO ATTACH TO THIS FORM A CURRENT ANDREPRESENTATIVE PAYCHECK STUB AND COPIES OF YOUR MOST RECENTLYFILED STATE AND FEDERAL INCOME TAX RETURNS, INCLUDING A COPY OFTHE W-2 WAGE AND TAX STATEMENT^) SUBMITTED WITH THE RETUNRS.YOU MAY ALSO BE REQUIRED TO PRODUCE OTHER PAYCHECK STUBS,EMPLOYMENT OR BUSINESS RECORDS AND PROOF OF CLAIMED EXPENSES.YOU ARE ALSO REQUIRED TO PROVIDE INFORMATION RELATING TO ALLACCIDENT, LIFE, AN HEALTH INSURANCE PLANS AVAILABLE TO YOU FORTHE PROVISION OF INSURANCE, HEALTH CARE, DENTAL CARE, OPTICALCARE, PRESCRIPTION DRUG AND OTHER PHARMACEUTICAL AND HEALTH-RELATED BENEFITS FOR THE CHILD(REN) FOR WHOM SUPPORT IS SOUGHT.1

'.? *

STATE OF NEW YORK ) ^) SS: '-:

COUNTY OF KINGS ) IT

MICHAEL KRICHEVSKY, the Respondent herein, residing at c/o Wittenstein & . ^ ' ;Associates PC^. 2502 86th Street, Brooklyn, New York 1 1214, being duly sworn, deposes ar?says that the following is an accurate statement of my income from all sources, my liabilitigf, my;assets and my net worth, from whatever sources, and whatever kind and nature, and wherever ""'situated :

I. INCOME FROM ALL SOURCES: The correct amount of child support obligation ispresumed to be a percentage of income as defined by law. The percentages are set forth inAddendum A. Other pertinent information is set forth in Addenda B and C. List your incomefrom all sources as follows:

1 Unless ordered confidential, pursuant to Family Court Act 154-b, because of a risk that disclosure would place thehealth, safety, or liberty of the party at risk. See Form GF-21 and GF-21a, available at www.nycourts.gov

Page: 2 of 7Docket No: P-28901-08

4-17

a. Wages and Salaries (as reportable on Federal and State income tax returns): _ ^ /1. Employer and address W / 776/^g-f BY/^ & ft-Z'So C-Wf*^, feC . fl&oo/.y/v>x.7 / _,_, / ,2. Number of members in household _ ______3. Number of dependents \_4. Hours worked per week ^ 0 ~~ 3 t}5. Weekly gross salary/wages6. Weekly deductions:

a. Social Security (PICA) Taxb. New York State Tax . t^> 4 e-d *~^ ^^ * vic. Federal Tax K^

d. Other Income: JAX?1. Workers Compensation2. Disability Benefits3. Unemployment Insurance Benefits _4. Social Security Benefits _5. Veterans Benefits6. Pensions and Retirement Benefits7, Fellowships/Stipends/Annuities _

e. Income from other sources (List here and explain any other income including but not limited to:non-income producing assets; employment 'perks' and reimbursed expenses; fringe benefits as aresult of employment; periodic income, personal injury settlements; non-reported income; andmoney, goods and services provided by relatives and friends): _, ~ __

II. ASSETS: The Court can consider the assets of the custodial parent and/or the non-custodialparent in its award of child support, List your assets as follows:a. Savings account balance (Name of bank: ///4 _ ) a)$ Ob. Checking account balance (Name of bank: ^n^f^rje^c^l 0-c^^} b)$ 17 6"Oc. Automobile(s) (Year anrl mo *"" _ ) c)$ Q _Loan Information- . __ . _ /> a

6 ^d. Residence owned.Address: ^1~U /-TL/A/T7C t^t- ) d)$__,ln

c^>J^ "f *** Page: 3 of 7DocketNo:P-28901-08

Page; 4 of 7Docket No: P-2890 1-08

4-17

unavailable, so indicate]:Medical: $ per . Optical: $Dental : $ per . Prescription drugs : $Other Health Services or Benefits [specify] : $6. The name and address of my primary (and secondary) healthn/tjLroL tiv^tL PA^.$E f*o.awi&KLOC?e>(~-70-%/

perper .per

insurer is/are:. r\!

Page:5 of 7Docket No; P-28901-08

4-17

(Please specify): I am listing my expenses on a (weekly)(monthlyj_ basis:a. Rent or mortgage payment a) $ , >b. Mortgage interest and amortization b) $_ 10, 00&c. Realty taxes (if not included in mortgage payment) c) $ ?S"0.#od. Insurance on realty d) $^0e. Utilities: gas I/ electric/ water ^ telephone >j. Auto expenses: gas maintenance v/ insurance & fees i/ loan \ j) $k. Public transportationI. Life insurancem. Health insurancen. Clothing: self $ ZA$ others $ (explain:o. Laundry and dry cleaning o) $ 2-OOp. Education and tuition (explain: boofo Tv. Other ("specify: O^-ot &^- o^c&eA j^s^'^i-c^-^^-p-f/- u> f ,

k)$ O1)$ 0m)$0

) n) $ 1o

*&.*~s ) p ) $ joq ) $ or)$ 0s)$ ^t)$ 3X-^d c^.( pv OP ^ {^ ?-oo ^_ {9

WITTENSTEIN & ASSOC.

EMP.NAME

WAQE8 EARNEDF.LCXTAXWTTHHOLDN3MEWCARETAXWITHWOtDNGFED.wrrB-HOLONQTAXSTATE WrrH-HOLDtNGTAX

TOTALDSXJCTONSAMOUNT OFTHIS CHECK

"t-OOt^Hi-H

1^3I&M"!

--T

-. ^

>(

'

WITTENSTEIN & ASSOC.

I/PAYROLLENOIN4AME

WAQE8 EARNEDFiOXTAXWTTHHOLDKaMED1CARETAXWITHHOLDINGFED. WITH-HOLDING TAXSTATE WTTH-HOLDINOTAX

TOTALDEDUCTIONSAMOUNT OFTHIS CHECK

2.C b&I ^~L

1 $2>< 8 ^7

-

-

FAMILY COURT COURT OF THE STATE OF NEW YORKCOUNTY OF KINGS

~ ~ ^\

ELENA SVENSON, File No: 142040Docket No.: P-28901

Petitioner,

-against- AFFIRMATION OFHARLAN

MICHAEL KRICHEVSKY, WiTTBNSTEIN

Respondent.

HARLAN WITTENSTEIN, an attorney licensed to practice within the state of New York,

hereby affirms pursuant to CPLR 2106 as follows:

1. I am an attorney duly admitted to practice before the Courts of the State of New

York. I am also the sole principal of the law firm Wittenstein & Associates, P.C., having an

address of 2502 86th Street, 3rd Floor, Brooklyn, New York 11214 (the "Firm")-

2. Michael Krichevsky has been employed as a paralegal at my Firm

since approximately 1995.

3. The Firm is currently providing Michael Krichevsky with health insurance

coverage through Oxford Health Plans.

4. The Firm is not providing health insurance to Michael Krichevsky's son,

David Svenson, at this time.

5. Michael Krichevsky's current salary is approximately $4,000 per month. The

change in economic conditions is adversely affecting my law practice. I pay

Michael Krichevsky a salary that the company can afford. At this time, I do not

anticipate that he will receive any bonus, ,/j _,. '

WITTENSTEIN

FAMILY COURT OF THE STATE OF NEW YORKCOUNTY OF KINGS

ELENA SVENSON,

Petitioner,

-against-

MICHAEL KRICHEVSKY,

Respondent.

File No.: 142040Docket No.: F-28901-08

NOTICE OF DEPOSITION UPONORAL EXAMINATION

-X

SIR(S)

PLEASE TAKE NOTICE that, pursuant to Article 31 of the Civil Practice Law and Rules, the

deposition upon oral examination of you fa person having personal knowledge of the manner in which CITI

BANK Business Records are made, kept and maintained), will be taken before a notary public, who is not an

attorney or an employee of any party or prospective party herein and is not a person who would be disqualified

to act as a juror because of interest, consanguinity or affinity of any party herein, at the Law Office Of

YONATAN S. LEVORITZ, P.C., located at 2306 Coney Island Avenue, Second Floor, Brooklyn, New York,

11223, on September 7,2009, at 9:30 a.m., and at any recessed, continued or adjourned date, to be examined on

all evidence material and necessary to the prosecution of this action.

Dated: Brooklyn, New YorkAugust 10, 2009

Yours, etc.

LAW OFFICLVOF'YONATVN S. LEVORJT


ELENA SVENSON,

-against-

MICHAEL KRICHEVSKY,

Petitioner,File No.:Docket No.:

142040F-28901-08

SUBPOENA DUCES TECUM &AD TESTIFICANDUM

Respondent.

THE PEOPLE OF THE STATE OF NEW YORK

To: CITIBANK LEGAL SERVICES - INTAKEOne Court Square, 41st FloorLong Island City, New York 11120

WE COMMAND YOU, that all business and excuses being laid aside, you fa person having

personal knowledge of the manner in which CITIBANK Business Records are made, kept and maintained), and

each of you appear and attend before a notary public, who is not an attorney or an employee of any party or

prospective party herein and is not a person who would be disqualified to act as a juror because of interest,

consanguinity or affinity of any party herein, at the Law Office Of YONATAN S. LEVORITZ, P.C., located at

2306 Coney Island Avenue, Second Floor, Brooklyn, New York, 11223, on September 7,2009. at 9:30 a.m., and

at any recessed, continued or adjourned date, to give testimony in this action on the part of the Petitioner, ELENA

SVENSON, and that you bring with you, and produce at the time and place aforesaid:

1. Certified Copies of all Cancelled Checks; to wit, the actual instruments, (from January 2004 tothe day on which this Subpoena is answered) on which MICHAEL KRICHEVSKY (SocialSecurity Number^^^ff^ has access as either in her own right as an "Account Holder" oras a Secondary JVJHWraiereon granted access by a third party (be it in a Corporate Capacity,business capacity, or Personal Capacity.

2. Certified Copies of all Bank statements, including the account application and all deposit slips,and all-withdrawal slips on which MICHAEL KRICHEVSKY (Social Security Number-jg^j^

Wfft) has access as either in her own right as an "Account Holder" or as a Secondary Memberthereon being granted access by a third party (be it in a Corporate Capacity, business capacity,a Personal Capacity).

3. Certified Copies of all Financial Records/ Bank Statements, including (without limitation),retirement account statements including 401(k) Saving Plan, Student Loans, any statementsregarding investment strategy; any asset allocation statements, any insurance products, andany/all financial information pertaining to MICHAEL KRICHEVSKY (Social Security Number

SVENSON v. Krichevsky NOTICE OF DEPOSITION & SUBPOENA DUCES TECUM & NOTICE TO PRODUCE Page 2 of8

r .

4. Certified copies of all documents pertaining to MICHAEL KRICHEVSKY (Social SecurityNumber MHI^BHjhfcat contain any/all financial information as to any accounts held in trustfor others, or that are held in joint-tenancy, whether said accounts are in his name solely or heldjointly with others, including: (without limitation) Account Applications made in connectiontherewith; Account Statements; and; Copies of the instruments used to fund any and/or all of theaforementioned.

5 Certified copies of all documents indicating the amount of money that has been contributed/paidto any Account (either by direct deposit or periodic deposit, Electronic Clearing House Transfer,or any other means) for any and all accounts in v/hlchMICHAEL KRICHEVSKY (Social SecurityNumber^BftBjtfas any interest, be it direct or indirect.

6. Certified copies of all withdrawal slips, ATM withdrawals, Cash Advances, and AmericanExpress Travelers Checks, from any and all accounts on which MICHAEL KRICHEVSKY(SocialSecurity Number&tfEHt&fts been granted access by another or has access on hisaccount.

7. Certified copies of all documents pertaining to mortgage issued by CITIBANK to MICHAELKRICHEVSKY(SocialSecurity Number^jjfffffHaat contain any/all financial informationas to any accounts held in trust for others, or that are held in j oint-tenancy, whether said accountsare in his name solely or held jointly with others, including: (without limitation) AccountApplications made in connection therewith; Account Statements; and Copies of the instrumentsused to fund any and/or all of the aforementioned.

8. Certified copies of all documents including proof of ownership of the CITIBANK stocks ownedby MICHAEL KRICHEVSKY (Social Security NumberH*tt0H&

9. Certified copies of all withdrawal slips, ATM withdrawals, Cash Advances, and TravelersChecks, from any and all accounts on whichMICHAEL KRICHEVSKY (Social Security Number

|as been granted access by another or has access on his account.

PLEASE TAKE NOTICE, that your failure to comply with this Subpoena is punishable as a

contempt of Court and shall make you liable to the person on whose behalf this Subpoena was issued for a

penalty, along with all damages sustained by reason of your failure to comply with this Subpoena.

PLEASE TAKE FURTHER NOTICE, that the'circumstances or reasons such disclosure is

sought is because the materials which are the subject hereof are not within the possession/control of the Plaintiff,

and are Material, Relevant, and necessary in connection with the prosecution and/or defense of this action.

WITNESS, Honorable JOHN M. FASONE, a Support Magistrate Of The Family Court Of The

State Of New York, County Of Kings, at the Kings County Family Court, located at 330 Jay Street, Brooklyn

New York 11201 on the 10th day of August, 2009.

SVENSON v. Krichevsky NOTICE OF DEPOSITION & SUBPOENA DUCKS TECUM & NOTICE TO PRODUCE Page 3 of 8

L4W OFFICE OF YONATAN S. LEVOB1TZ, P.C.YONATAN S. LEVORITZ, ESQ./ //Attorney for Petitioner {^/2306 Coney Island Avenue, Second FloorBrooklyn, New York 11223(718)942-4004

NOTICE: This subpoena requires your personal appearance at the time, date, and place specifiedherein-above, together with the production of the materials specified herein-above.

However, if you communicate with us immediately, we shall cooperate to avoid the necessityof your personal appearance and/or to better schedule same.

SVENSON v. Krichevsky NOTICE OF DEPOSITION & SUBPOENA DUCES TECUM & NOTICE TO PRODUCE Page 4 of 8


ELENA SVENSON,

Petitioner,

-against-

MICHAEL KRICHEVSKY,

FDeNo.: 142040Docket No.: F-28901-08

NOTICE TO PRODUCE

Respondent.

SIRS:

PLEASE TAKE NOTICE that, the Petitioner, ELENA SVENSON, hereby demands that you

as a "person" who has special, material, and relevant knowledge to the particular action herein and attend before

a notary public, who is not an attorney or an employee of any party or prospective party herein and is not a person

who would be disqualified to act as a juror because of interest, consanguinity or affinity of any party herein, atthe Law Office Of YONATAN S. LEVORITZ, P.C., located at 2306 Coney Island Avenue, Second Floor,

Brooklyn, New York, 11223, on September 7, 2009, at 9:30 a.m., and at any recessed, continued or adjourneddate, and permit Plaintiffs Attorney (YONATAN S. LEVORITZ, ESQ.) to inspect and copy, the documentshereinafter described which are in the possession, custody, or control of CITIBANK or any person acting on

behalf of CITIBANK including representatives, investigators, or attorneys:

DEFINITIONS

(1) Communication. The term "communication" means the transmittal of information (in

the form of facts, ideas, inquiries or otherwise). It shall include, without limitation, drafts, notes, correspondence,

memoranda, recordings or other means of recording information.

(2) Document. The term "document" is defined to be synonymous in meaning and equal inscope to the usage of this term pursuant to Rule 3120 of the Civil Practice Law and Rules. It shall include actual

tape recordings. It shall also include, without limitation, drafts, notes, correspondence, memoranda, records or

other means of recording information. A draft or non-identical copy is a separate document within the meaning

hereof.


(3) Identify (With Respect to Persons). When referring to a person, "to identify" means

to give, to the extent known, the person's full name, present or last known address and the present or last known

place of employment. Once a person has been identified in accordance with this subparagraph, only the name

of that person need be listed in response to subsequent discovery requesting the identification of that person.

(4) Identify ("With Respect to Documents). When referring to documents, "to identify"

means to give, to the extent known, the (i) type of document; (ii) general subject matter; (iii) date of the

document; and (iv) author(s), addressee(s) and recipient(s).(5) Parties. The terms "plaintiff1 and "defendants" as well as a party full or abbreviated

name or a pronoun referring to a parry, mean the party and, where applicable, its officers, directors, employees,

partners, corporate parent, subsidiaries or affiliates. This definition is not intended to impose a discovery

obligation on any person who is not a party to the litigation.

(6) Person. The term "person" is defined as any natural person or any business, legal or

government entity or association.

(7) Refer or Referring. The terms "refer" or "referring" each means relating to, concerning,

describing, evidencing or constituting.

(8) And/Or. The connectives "and" and "or" shall be construed either disjunctively orconjunctively as necessary to bring within the scope of the discovery request all responses that might otherwise

be construed to be outside of its scope.

(9) Number. The use of the singular form of any word includes the plural and vice versa.

INSTRUCTIONS

a. If copies are produced, the reverse side of a document shall be copied unless it is

completely blank.

b. All drafts'shall be produced, as well as all copies nonidentical to the original in any

material respect.

c. As to any document withheld from production under this request because of a claim or

privilege, state:

(i) the author or authors of the document;

(ii) each person to whom the original or a copy of the document was sent;

SVENSON V. Krichevsky NOTICE OF DEPOSITION & SUBPOENA DUCES TECUM & NOTICE TO PRODUCE Page 6 of 8

(iii) the date of the document;

(iv) the subject matter of the document; and(v) the basis for the claim of privilege.

DOCUMENTS

1. Certified Copies of all Cancelled Checks; to wit, the actual instruments, (from January 2004 tothe day on which this Subpoena is answered) on which MICHAEL KRICHEVSKY (SocialSecurity Numbei^Hifff^f^^s access as either In her own right as an "Account Holder" oras a Secondary Member thereon granted access by a third party (be It in a Corporate Capacity,business capacity, or Personal Capacity.

2. Certified Copies of all Bank statements, including the account application and all deposit slips,and all withdrawal slips on which MICHAEL KSICHEVSKY (Social Security Number^fgf^fB^has access as either in her own right as an "Account Holder" or as a Secondary Memberthereon being granted access by a third party (be it in a Corporate Capacity, business capacity,a Personal Capacity).

3. Certified Copies of all Financial Records/ Bank Statements, including (without limitation),retirement account statements including 401() Saving Plan, Student Loans, any statementsregarding investment strategy; any asset allocation statements, any insurance products, andany/all financial information pertaining to MICHAEL KRICHEVSKY (Social Security Number

4. Certified copies of all documents pertaining to MICHAEL KRICHEVSKY (Social SecurityNumbel^ffff^jjhat contain any/all financial information as to any accounts held in trustfor others, or that are held in joint-tenancy, whether said accounts are in his name solely or heldjointly with others, including: (without limitation) Account Applications made In connectiontherewith; Account Statements; and; Copies of the instruments used to fund any and/or all of theaforementioned.

5. Certified copies of all documents indicating the amount of money that has been contributed/paidto any Account (either by direct deposit or periodic deposit, Electronic Clearing House Transfer,or any other means) for any and all accounts In whichMICHAEL KRICHEVSKY (Social Security

' s any interest, be it direct or indirect.

6. Certified copies of all withdrawal slips, ATM withdrawals, Cash Advances, and AmericanExpress Travelers Checks, from any and all accounts on which MICHAEL KRICHEVSKY(Social Security Number^jf^fj^> has been granted access by another or has access on hisaccount.

7. Certified copies of all documents pertaining to mortgage issued by CITIBANK to MICHAELKRICHEVSKY (Social Security Number^jj^fjfiKiat contain any/all financial informationas to any accounts held in trust for others, or that are held in joint-tenancy, whether said accountsare in his name solely or held jointly with others, including: (without limitation) AccountApplications made in connection therewith; Account Statements; and Copies of the Instrumentsused to fund any and/or all of the aforementioned.

8. ' Certified copies of all documents including proof of ownership of the CITIBANK stocks ownedby MICHAEL KRICHEVSKY (Social Security Number^

S VENSON v. Krichevsky NOTICE OF DEPOSITION & SUBPOENA DUCES TECUM & NOTICE TO PRODUCE Page 7 of 8

9. Certified copies of all withdrawal slips, ATM withdrawals, Cash Advances, and TravelersChecks, from any and all accounts on whichMICHAELKRICHEVSJST (Social Security Number

jflMUBBJ^has been granted access by another or has access on his account.

PLEASE TAKE FURTHER NOTICE, that the within documents are sought from you, a non-

party, based upon the existence of "special circumstances," such information is material and necessary to the

defense and prosecution of this matter, and is in the possession of CITIBANK.

PLEASE ALSO NOTE, that the discovery obligations imposed upon you pursuant to this

NOTICE TO PRODUCE are continuing discovery obligations, and that you must supplement and/or amend any

response by you to this NOTICE TO PRODUCE to provide any subsequent information coming into your

possession.


LA^OFFICE OF YONATAN S. LEVOBY: YONATAN S. LEVORITZ, ESQ.Attorneys For Petitioner2306 Coney Island Avenue, Second Flo/rBrooklyn, New York 11223(718) 942-4004

To: CITIBANK LEGAL SERVICES - INTAKEOne Court Square, 41st FloorLong Island City, New York 11120

DANIEL A. SINGER, ESQ.The Law Office of Daniel A. Singer, PLLCAttorneys for Respondent234 Fifth Avenue, Suite 400New York, New York 10007(212) 569-7853


File No.: 142040; Docket No.: F-28901-08FAMILY COURT OF THE STATE OF NEW YORKCOUNTY OF KINGS

ELENA SVENSON,

Petitioner,- against -

MICHAEL SVENSON,

Respondent.

NOTICE OF DEPOSITION UPON ORAL EXAMINATIONSUBPOENA DUCES TECUM & AD TESTIFICANDUM

NOTICE TO PRODUCE

LAW OFFICES OF YONATAN S. LEVORITZ, P.C.Attorneys for Petitioner

2306 Coney Island AvenueSecond Floor

Brooklyn, New York, 11223(718)942-4004

NOTICE OF ENTRY:Sir: Please take notice that the within is a true copy of an Order duly entered in the office of the clerk of the within

named Court on 2009.

Dated: Brooklyn, New YorkLAW OFFICE OF YONATAN S. LEVORITZ, P.C.Attorneys for Petitioner2306 Coney Island AvenueSecond FloorBrooklyn, New York, 11223(718) 942-4004

SIGNATURE PURSUANT TO NYCRR: The Attached Motion Is Hereby AffirmedPursuant To NYCRR Rule 130 - 1.1-a:

YONATAN S. LEVORITZ, ESQ.Date: August , 2009

ACKNOWLEDGMENT OF IN-HAND SERVICE:In-Hand Service of the within document is hereby acknowledged on this day of2009, at am/pm.


ELENA SVENSON,

Petitioner,

-against-

MICHAEL KRICHEVSKY,



Respondent.-X

SIR(S)


deposition upon oral examination of you, LEONMANDEL, fa person having personal knowledge of the manner

in which LEON CONSTRUCTION Business Records are made, kept and maintained), will be taken before a

notary public, who is not an attorney or an employee of any party or prospective party herein and is not a person

who would be disqualified to act as a juror because of interest, consanguinity or affinity of any party herein, at

the Law Office Of YONATAN S. LEVORITZ, P.C., located at 2306 Coney Island Avenue, Second Floor,

Brooklyn, New York, 11223, on September 30,2009, at 2:00 p.m., and at any recessed, continued or adjourned

date, to be examined on all evidence material and necessary to the prosecution of this action.

Dated: Brooklyn, New YorkAugust 10,2009

Yours, etc.

LAW OFFIC:

By:

ATAN S. LEVORITZ, P.C.

YONATAN S. LEVORITZ,2306 Coney Island Avenue, SBrooklyn, New York 11223718-942-4004

d Floor

S0z

Q

lumbe

rg

PLAINTIFF'S "EXHIBIT3



ELENA SVENSON,

-against-

MICHAEL KRICHEVSKY,

Petitioner,

Respondent.

File No.:Docket No.:

142040F-28901-08

SUBPOENA DUCES TECUM &AD TESTCTICANPUM

X


To: LEON MANDELLEON CONSTRUCTION2475 West 16* StreetBrooklyn, New York 11214

WE COMMAND YOU, that all business and excuses being laid aside, you, LEON MANDEL,

(or a person having personal knowledge of the manner in which LEON CONSTRUCTION Business Recordsare made, kept and maintained), and each of you appear and attend before a notary public, who is not an attorneyor an employee of any party or prospective party herein and is not a person who would be disqualified to act as

a juror because of interest, consanguinity or affinity of any party herein, at the Law Office Of YONATAN S.LEVORITZ, P.C., located at 2306 Coney Island Avenue, Second Floor, Brooklyn, New York, 11223, on

September 30. 2009, at 2:00 p.m., and at any recessed, continued or adjourned date, to give testimony in thisaction on the part of the Petitioner, ELENA SVENSON, and that you bring with you, and produce at the time

and place aforesaid:

1. Certified Copies of all documents pertaining to MICHAEL KRICHEVSKY (SocialSecurity Number ^ ^^ P and the property located at 4219-4221 AtlanticAvenue, Brooklyn, New York 11224 (and all entities owned and/or operated byMICHAEL KRICHEVSKY) including but not limited to: contracts, agreements,construction appraisals, construction drawings and sketches, financial estimates,financial breakdowns; all invoices for services rendered; copies of actual paymentinstruments (checks, credit cards and cash); and copies of all equipment leases, receiptsfor all the equipment leases and/or purchased; receipts for all the supplies purchased; allthe licenses and permits; and all other documents regarding financial transactionspertaining to MICHAEL KRICHEVSKY.





PLEASE TAKE FURTHER NOTICE, that the circumstances or reasons such disclosure is






LAW 6FFICE OF YONATAN S^LEVORITZ, P.C.YONATAN S. LEVORTTZ, ESQ/Attorney for Petitioner2306 Coney Island Avenue, Second FloorBrooklyn, New York 11223(718)942-4004



S VENSON V. Krichevsky NOTICE OF DEPOSITION & SUBPOENA DUCES TECUM & NOTICE TO PRODUCE Page 3 of 6


ELENA SVENSON, :: File No.: 142040

Petitioner, : Docket No.: F-28901-08

-against- :: NOTICE TO PRODUCE

MICHAEL KRICHEVSKY,

Respondent. :

SIRS:





Brooklyn, New York, 11223, on September 30,2009, at 2:00 p.m., and at any recessed, continued or adjourneddate, and permit Plaintiffs Attorney (YONATAN S. LEVORITZ, ESQ.) to inspect and copy, the documentshereinafter described which are in the possession, custody, or control of LEON CONSTRUCTION or any person

acting on behalf of LEON CONSTRUCTION including representatives, investigators, or attorneys:

DEFINITIONS

(1) Communication. The term "communication" means the transmittal of information (inthe form of facts, ideas, inquiries or otherwise). It shall include, without limitation, drafts, notes, correspondence,memoranda, recordings or other means of recording information.




hereof.

(3) Identify (With Respect to Persons). When referring to a person, "to identify" means


to give, to the extent known, the person's foil name, present or last known address and the present or last known



(4) Identify (With Respect to Documents'). When referring to documents, "to identify"

means to give, to the extent known, the (i) type of document; (ii) general subject matter; (iii) date of the

document; and (iv) author(s), addressee(s) and recipients).(5) Parties. The terms "plaintiff1 and "defendants" as well as a party full or abbreviated

name or a pronoun referring to a party, mean the party and, where applicable, its officers, directors, employees,







(8) And/Or. The connectives "and" and "or" shall be construed either disjunctively orconjunctively as necessary to bring within the scope of the discovery request all responses that might otherwisebe construed to be outside of its scope.


INSTRUCTIONS


completely blank.

b. All drafts shall be produced, as well as all copies nonidentical to the original in any

material respect.


privilege, state:

(i) the author or authors of the document;

(ii) each person to whom the original or a copy of the document was sent;



(iv) the subject matter of the document; and

(v) the basis for the claim of privilege.

DOCUMENTS

1. Certified Copies of all documents pertaining to MICHAEL KRICHEVSKY (SocialSecurity Number V^HH|V) and the property located at 4219-4221 AtlanticAvenue, Brooklyn, New York 11224 (and all entities owned and/or operated byMICHAEL KRICHEVSKY) including but not limited to: contracts, agreements,construction appraisals, construction drawings and sketches, financial estimates,financial breakdowns; all invoices for services rendered; copies of actual paymentinstruments (checks, credit cards and cash); and copies of all equipment leases, receiptsfor all the equipment leases and/or purchased; receipts for all the supplies purchased; allthe licenses and permits; and all other documents regarding financial transactionspertaining to MICHAEL KRICHEVSKY.



defense and prosecution of this matter, and is in the possession of LEON CONSTRUCTION.




possession.


LAW OFFICE OF YONATAjjJ^/LEVORITZ, P.C.BY: YONATANS. LEVORITZ, ESQ.Attorneys For Petitioner 2306 Coney Island Avenue, Second FloorBrooklyn, New York 11223(718)942-4004

To: LEON MANDELLEON CONSTRUCTION2475 West 16th StreetBrooklyn, New York 11214

DANIEL A. SINGER, ESQ.The Law Office of Daniel A. Singer, PLLCAttorneys for Respondent234 Fifth Avenue, Suite 400New York, New York 10007(212) 569-7853



-X

ELENA SVENSON,

Petitioner,

-against-

MICHAEL KRICHEVSKY,

Respondent



-X

SIR(S)


deposition upon oral examination of you, SERGEY DRABKIN, (a person having personal knowledge of the

manner in which CONSELA ENGINEERING, P.C. Business Records are made, kept and maintained), will be

taken before a notary public, who is not an attorney or an employee of any parry or prospective party herein and

is not a person who would be disqualified to act as a juror because of interest, consanguinity or affinity of any

party herein, at the Law Office Of YONATAN S. LEVORITZ, P.C., located at 2306 Coney Island Avenue,

Second Floor, Brooklyn, New York, 11223, on September 3 0,2009, at 10:00 a.m., and at any recessed, continued

or adjourned date, to be examined on all evidence material and necessary to the prosecution of this action.


Yours, etc.

LAW OFFICE

By:

TAN S. LEVORITZ, P.C.

^YONATAN S.2306 Coney Island Aymtd Second FloorBrooklyn, New York4l223718-942-4004

513E3

ffl

PLAINTIFF'S ^EXHIBITH



ELENA SVENSON,

-against-

MICHAEL KRICHEVSKY,

Petitioner,

Respondent.


SUBPOENA DUCES TECUM &AD TESTIFICANDTJM

-X


To: CONSELA ENGINEERING, P.C.3714 Nautilus AvenueBrooklyn, New York 11224

WE COMMAND YOU, that all business and excuses being laid aside, you, SERGEY

DRABKIN, (or a person having personal knowledge of the manner in which CONSELA ENGINEERING, P.C.Business Records are made, kept and maintained), and each of you appear and attend before a notary public, whois not an attorney or an employee of any party or prospective party herein and is not a person who would be

disqualified to act as a juror because of interest, consanguinity or affinity of any party herein, at the Law OfficeOf YONATAN S. LEVORITZ, P.C., located at 23 06 Coney Island Avenue, Second Floor, Brooklyn, New York,

11223, on September 30,2009, at 10:00 a.m., and at any recessed, continued or adjourned date, to give testimonyin this action on the part of the Petitioner, ELENA SVENSON, and that you bring with you, and produce at the

time and place aforesaid:

1. ' Certified Copies of all documents pertaining to MICHAEL KRICHEVSKY (SocialSecurity Number ^ HttflM} and the property located at 4219-4221 AtlanticAvenue, Brooklyn, New York 11224 (and all entities owned and/or operated byMICHAEL KRICHEVSKY) including but not limited to: contracts, agreements,construction appraisals, construction drawings and sketches, financial estimates,financial breakdowns; all invoices for services rendered; copies of actual paymentinstruments (checks, credit cards and cash); and copies of all equipment leases, receiptsfor all the equipment leases and/or purchased; receipts for all the supplies purchased; allthe licenses and permits; and all other documents regarding financial transactionspertaining to MICHAEL KRICHEVSKY.





PLEASE TAKE FURTHER NOTICE, that the circumstances or reasons such disclosure is






LAW OFFICE OF YONATAN S/LEYORITZ, P.C.YONATAN S. LEVORITZ, ESjQ./Attorney for Petitioner2306 Coney Island Avenue, Second FloorBrooklyn, New York 11223(718)942-4004





ELENA SVENSON,File No.: 142040

Petitioner,

-against-NOTICE TO PRODUCE

MICHAEL KRICHEVSKY,

Respondent.

Docket No.: F-28901-08

SIRS:





Brooklyn, New York, 11223, on September 30,2009, at 10:00 a.m., and at any recessed, continued or adjourneddate, and permit Plaintiffs Attorney (YONATAN S. LEVORITZ, ESQ.) to inspect and copy, the documentshereinafter described which are in the possession, custody, or control of CONSELA ENGINEERING, P.C. or

any person acting on behalf of CONSELA ENGINEERING, P.C. including representatives, investigators, or

attorneys:

DEFINITIONS

(1) Communication. The term "communication" means the transmittal of information (inthe form of facts, ideas, inquiries or otherwise). It shall include, without limitation, drafts, notes, correspondence,memoranda, recordings or other means of recording information.




hereof.


(3) Identify (With Respect to Persons). When referring to a person, "to identify11 meansto give, to the extent known, the person's full name, present or last known address and the present or last known



(4) Identify (With Respect to Documents). When referring to documents, "to identify"

means to give, to the extent known, the (i) type of document; (ii) general subject matter; (iii) date of thedocument; and (iv) author(s), addressee(s) and recipient(s).

(5) Parties. The terms "plaintiff and "defendants" as well as a party full or abbreviated

name or a pronoun referring to a party, mean the party and, where applicable, its officers, directors, employees,







(8) And/Or. The connectives "and" and "or" shall be construed either disjunctively orconjunctively as necessary to bring within the scope of the discovery request all responses that might otherwisebe construed to be outside of its scope.


INSTRUCTIONS


completely blank.

b. All drafts shall be produced, as well as all copies nonidentical to the original in any

material respect.


privilege, state:

(i) the author or authors of the document;(ii) each person to whom the original or a copy of the document was sent;

S VENSON v. Krichevsky NOTICE OF DEPOSITION & SUBPOENA DUCES TECUM & NOTICE TO PRODUCE Page 5 of 6


(iv) the subject matter of the document; and

(v) the basis for the claim of privilege.

DOCUMENTS

1. Certified Copies of all documents pertaining to MICHAEL KRICHEVSKY (SocialSecurity Number ^^ pftl) and the property located at 4219-4221 AtlanticAvenue, Brooklyn, New York 11224 (and all entities owned and/or operated byMICHAEL KRICHEVSKY) including but not limited to: contracts, agreements,construction appraisals, construction drawings and sketches, financial estimates,financial breakdowns; all invoices for services rendered; copies of actual paymentinstruments (checks, credit cards and cash); and copies of all equipment leases, receiptsfor all the equipment leases and/or purchased; receipts for all the supplies purchased; allthe licenses and permits; and all other documents regarding financial transactionspertaining to MICHAEL KRICHEVSKY.



defense and prosecution of this matter, and is in the possession of CONSELA ENGINEERING, P.C..




possession.


LAW OFFICE OF YONATAN S/LEV0RITZ, P.C.BY: YONATAN S. LEVORTT^ESQ/Attorneys For Petitioner / /2306 Coney Island Avenue, SecojKfFloorBrooklyn, New York 11223 ^(718)942-4004

To: CONSELA ENGINEERING, P.C.3714 Nautilus AvenueBrooklyn, New York 11224

DANIEL A. SINGER, ESQ.The Law Office of Daniel A. Singer, PLLCAttorneys for Respondent234 Fifth Avenue, Suite 400New York, New York 10007 .(212) 569-7853


File No.: 142040; Docket No.: F-28901-08FAMILY COURT OF THE STATE OF NEW YORKCOUNTY OF KINGSELENA SVENSON,

Petitioner,- against -

MICHAEL SVENSON,

Respondent.

NOTICE OF DEPOSITION UPON ORAL EXAMINATIONSUBPOENA DUCES TECUM & AD TESTIFICANDUM

NOTICE TO PRODUCE

LAW OFFICES OF YONATAN S. LEVORITZ, P.C.Attorneys for Petitioner

2306 Coney Island AvenueSecond Floor

Brooklyn, New York, 11223(718)942-4004

NOTICE OF ENTRY: ~~Sir: Please take notice that the within is a true copy of an Order duly entered in the office of the clerk of the within

named Court on 2009.

Dated: Brooklyn, New YorkLAW OFFICE OF YONATAN S. LEVORITZ, P.C.Attorneys for Petitioner2306 Coney Island AvenueSecond FloorBrooklyn, New York, 11223(718)942-4004

i^ H^M^^BH^^H^Mi^ ^

SIGNATURE PURSUANT TO NYCRR: The Attached Motion Is Hereby AffirmedPursuant To NYCRR Rule 130 -1.1-a:

YONATAN S. LEVORITZ, ESQ.Date: August , 2009

ACKNOWLEDGMENT OF IN-HAND SERVICE:In-Hand Service of the within document is hereby acknowledged on this 'day of _2009, at , am/pm.

FCA S413-l,424-a;Art5-B ' Form 4-17" (Financial Disclosure Affidavit)


ELENA SVENSON,

Petitioner, ' FINANCIALDISCLOSURE

-against- " . AFFIDAVITPRE-FATHER

MICHAEL KRICHEVSKY, ABANDONMENT

Respondent,

NOTICE: YOU ARE REQUIRED TO ATTACH TO THIS FORM A CURRENT ANDREPRESENTATIVE PAYCHECK STUB AND COPIES OF YOUR MOST RECENTLY FILEDSTATE AND FEDERAL INCOME TAX RETURNS, INCLUDING A COPY OF THE W-2 WAGEAND TAX STATEMENTS) SUBMITTED WITH THE RETURNS. YOU MAY ALSO BEREQUIRED TO PRODUCE OTHER PAYCHECK STUBS, EMPLOYMENT OR BUSINESSRECORDS AND PROOF OF CLAIMED EXPENSES. YOU ARE ALSO REQWRED TO PROVIDEINFORMATION RELATING TO ALL ACCIDENT, LIFE AND HEALTH INSURANCE PLANSAVAILABLE TO YOU FOR THE PROVISION OF INSURANCE, HEALTH CARE, DENTALCARE, OPTICAL CARE, PRESCRIPTION DRUG AND OTHER PHARMACEUTICAL ANDHEALTH-RELATED BENEFITS FOR THE CfflLD(REN) FOR WHOM SUPPORT IS SOUGHT.

STATE OF NEW YORK )):ss.:

COUNTY OF KINGS )FT "PNA SVENSQN, the Petitioner herein, residing at 2620 Ocean Parkway. Apartment 3-K. Brooklyn. NewYork 11235,' being duly sworn, deposes and says that the following is an accurate statement of my incomefrom all sources, my liabilities, my assets and my net worth, from whatever sources, and whatever kind andnature, and wherever situated:

j. INCOME FROM AT.T^ SOURCES: The correct amount of the child support obligation is presumed to bea percentage of income as defined by law. The percentages are set forth in Addendum A. Other pertinentinformation is set forth in Addenda B and C. List your income from all sources as follows:

a. Wages and Salaries (as reportable on Federal and State income tax returns):1 . Employer and address2 . Number of members in household 2_3. Number of dependents 1.

PLAINTIFF'SEXHII

s:EXHIBIT I

1 Unless ordered confidential, pursuant to Family Court Act 154-b, because of a risk that disclosure wouldplace the health, safety or liberty of the party at risk. See Form GF-21 and GF-21 a, available at wwwjiycourts.gov.

Form 4-17 Page 2

4. Hours worked per week.5, Weekly gross salary/wages6. Weekly deductions:.

a. Social Security (PICA) Tax.b. New York State Taxc. Federal Taxd. Other payroll deductions.

7 Income of other members of household. _NOTE. ATTACH INFORMATION FOR ADDITIONAL EMPLOYERS ON SEPARATE PAGES.

h. Self-Employment Income (Describe and list self-employment income; attachto this form the most recently filedFederal and State income tax returns, including all schedules): ,

c. Interest/Dividend Income:

d. Other Income:1. Workers Compensation.2. Disability Benefits3. Unemployment Insurance Benefits4. Social Security Benefits5. Veterans Benefits6. Pensions and Retirement Benefits7. Fellowships/Stipends/Annuities

e income from other sources: (List here and explain any other income including but not limited to: non-incomeproducing assets; employment 'perks' and reimbursed expenses; fringe benefits as a result of employment;periodic income, personal injury settlements; non-reported income; and money, goods and services provided byrelatives and friends)

n. ASSETS; The Court can consider the assets of the custodial parent and/or the non-custodial parent in its awardof child support. List your assets as follows:a. Savings account balance (Name of bank: ) a)$b. Checking account balance (Name of bank: ) b) $c. Automobile(s) (Year and make: ) c) $

Loan information ;d. Residence owned (Address: 25-80 Ocean Pkwv. #2-M. Brooklyn. NY 11235} d) $e. Other real estate owned 120 Oceana Drive West #5D. Brooklyn. NY 11235 e) $f. Other assets (For example: stocks, bonds, trailers, boat, etc.) ___ f) $g. Driver's, professional, recreational, sporting and other licenses and permits held (provide name of issuingagency, license number and attach a copy if possible)

NOTE: ATTACH TO THIS FORM ANY INFORMATION AS TO ANY ADDITIONAL ASSETS.

a)$_b)$_c)$_d)$.e)$f)$_g)$.h)$,

Form 4-17 Page 3

jjj INCOME; The Court allows certain deductions from income prior to applyingthe child support percentages. List the deductions that apply to you as Mows:

a. Unreimbursed employee business expensesb Maintenance actually paid to spouse not a party to this action*c Maintenance actually paid to spouse who is a party to this actiond. Child support actually paid on behalf of non- subject child(ren)*e. Family Assistancef. Supplemental Security Incomeg. NYC/Yonkers Income Taxh. FICA

* Attach to this form a copy of the appropriate Court Order

HKAT.TH.ttETATED EXPENSES, CHILD CARE.jCXKKMaea. TCATIONAT' EXPENSES AND LIFE AND ACCIDENT INSURANCE POLICIES: Aspart of the child support obligation, parents shall be directed to provide health insurance coverage, pay a pro-ratedshare of the cost or premiums to obtain or maintain the health insurance coverage, and pay a pro-rated share ofunreimbursed health- related expenses, pay a pro-rated share of child care expenses and in the Court's discretionpay educational expenses. The Court may direct you to purchase and maintain life and/or accident insurancebenefits or assign benefits on existing policies for the benefit of your children. List your information as followsand cross out or delete inapplicable provisions:

a.n I have health insurance coverage through [specify]: D employer or organization D private purchaseD New York State "Child Health Plus" program D New York State Medical Assistance Program.

XI do not have health insurance coverage [If this box is checked, skip to IIV b].1. My coverage includes n medical Ddental, O prescription drug, Ooptical, Dother health care services or

benefits [specify]:2 The portion of the cost of the insurance paid by my employer or through my employment is $' per [specify time period]: _- The cost of the insurance paid by me is $

per [specify time period]: _ 3. The person(s) covered by my insurance is/are:_.

tounavailable,

4 My policy number is 5 Coverage n does D does not presently include my child(ren). The additional cost to me

include my child(ren) would be [specify cost for each type of benefit; if benefit unavaila]so indicate]:Medical: $_ per . Optical: $ perDental: $ per . Prescription drugs: $ per_Other Health Services or Benefits [specify]:, .$. .per.

6. The name and address of my primary (and secondary) health insurer is/are:

7. My primary (and secondary) health plan administrator is/are: (indicate name, address and telephonenumber of contact person for employer or organization):

8. There are Dmedical, n dental, D prescription drug, n optical, D other health care benefits [specify]:insurance benefits available to the cbild(ren) through an

Form 4-17 Page 4

individual who is not a party to this action. This individual is [indicate name and relationship]:,. These benefits cost as follows:

per [specify time period]: . . -:

b. My child care provider is: . The average number ofhours of child care incurred per week are: _c. My child's educational needs and expenses are:

d. I have the following life and accident insurance policies:1. Life insurance: (Name of insurer):

(Beneficiary/Beneficiaries):.

(Name of insurer):(Beneficiary/Beneficiaries):.

2. Accident insurance: (Name of insurer):.(Name of insurer):.

This information is current as of (specify date).VARIANCE FROM THE PERCENTAGES: The Family Court Act allows the Court to order support

different from the percentages if the Court finds that the support based upon the percentages would be unjustor inappropriate due to certain factors. The factors are set forth in Addendum D. The following is/are thefactors) that the Court should consider in this case:VI. EXPENSES; In ordering support by the percentages the Court is not obligated to consider expenses.However, if the Court varies from the percentages, expenses may be considered. List your expenses asfollows- [List all expenses on a weekly or monthly basis; however, you must be consistent: if any items arepaid monthly, divide by 4 to obtain the weekly payment; if any items are paid weekly, multiply by 4 to obtainthe monthly payment). .(Please specify)]: I am listing my expenses on a (weeklyX monthly) basis:a. Rent or mortgage payment a) $ -2,600b. Mortgage interest and amortization b) $c. Realty taxes (if not included in mortgage payment) c) $d. Insurance on realty d) $ 122e. Utilities: gas '_ electric/ water 120 telephone 200 cable 200 e) $ 520f. Apartment maintenance f\ 535g. Household repairs (specify: g) $ 10000h. Food ?' *_jwyi. Charge accounts, loans, etc. 1) 0 $(from Section VH below) 2). .

3)j. Auto expenses: gas $200 maintenance _insurance & fees 288 loan 770 j)$ 1,258k. Public transportation k)$_____80_1. Life insurance 1)$m. Health insurance rn)$n. Clothing: self $ 500 Son S250 (explain: ) n)$ _750o. Laundry and dry cleaning )$ - 2JX)

-p. Education and tuition feyplam: Private School - $650. Math Tutor - $300: English Tutor - $350: Sport

Form 4-17 Page 5

Lessons- 180. Jp)$, L480q. Child care

F.C.A. 413-1, 424-a; Art. 5-BD.R.L. 236-B, 240


In the Matter of a Proceeding for Support

ELENA SVENSON,

Petitioner,

-against-

MICHAEL KRICHEVSKY,

Respondent,

Form 4-17(Financial Disclosure Affidavit)

9/2006


FINANCIALDISCLOSUREAFFIDAVITPOST-FATHERABANDONMENT

NOTICE: YOU ARE REQUIRED TO ATTACH TO THIS FORM A CURRENT ANDREPRESENTATIVE PAYCHECK STUB AND COPIES OF YOUR MOST RECENTLY FILEDSTATE AND FEDERAL INCOME TAX RETURNS, INCLUDING A COPY OF THE W-2 WAGEAND TAX STATEMENT(S) SUBMITTED WITH THE RETURNS. YOU MAY ALSO BEREQUIRED TO PRODUCE OTHER PAYCHECK STUBS, EMPLOYMENT OR BUSINESSRECORDS AND PROOF OF CLAIMED EXPENSES. YOU ARE ALSO REQUIRED TO PROVIDEINFORMATION RELATING TO ALL ACCIDENT, LIFE AND HEALTH INSURANCE PLANSAVAILABLE TO YOU FOR THE PROVISION OF INSURANCE, HEALTH CARE, DENTALCARE, OPTICAL CARE, PRESCRIPTION DRUG AND OTHER PHARMACEUTICAL ANDHEALTH-RELATED BENEFITS FOR THE CfflLD(REN) FOR WHOM SUPPORT IS SOUGHT.

STATE OF NEW YORK )

COUNTY OF KINGS )

ELENA SVENSON , the Petitioner herein, residing at 2620 Ocean Parkway. Apartment 3-K, Brooklyn, NewYork 11235 ,! being duly sworn, deposes and says that the following is an accurate statement of my incomefrom all sources, my liabilities, my assets and my net worth, from whatever sources, and whatever kind andnature, and wherever situated:

L INCOME FROM ALL SOURCES: The correct amount of the child support obligation is presumed to bea percentage of income as defined by law. The percentages are set forth in Addendum A. Other pertinentinformation is set forth in Addenda B and C. List your income from all sources as follows:

a. Wages and Salaries (as reportable on Federal and State income tax returns):1 . Employer and address _2 . Number of members in household _ 23 . Number of dependents _ 1

Unless ordered confidential, pursuant to Family Court Act 154-b, because of a risk that disclosure wouldplace the health, safety or liberty of the party at risk. See Form GF-21 and GF-2Ia, available at www.nycourts.gov.

Form 4-17 Page 2

4. Hours worked per week5. Weekly gross salary/wages6. Weekly deductions:.

a. Social Security (PICA) Tax.b. New York State Taxc. Federal Taxd. Other payroll deductions.

7. Income of other members of householdNOTE: ATTACH INFORMATION FOR ADDITIONAL EMPLOYERS ON SEPARATE PAGES.

b. Self-Employment Income (Describe and list self- employment income; attach to this form the most recently filedFederal and State income tax returns, including all schedules):

c. Interest/Dividend Income:

d. Other Income:1. Workers Compensation.2. Disability Benefits3. Unemployment Insurance Benefits4. Social Security Benefits5. Veterans Benefits6. Pensions and Retirement Benefits7. Fellowships/Stipends/Annuities

e. Income from other sources: (List here and explain any other income including but not limited to: non-incomeproducing assets; employment 'perks' and reimbursed expenses; fringe benefits as a result of employment;periodic income, personal injury settlements; non-reported income; and money, goods and services provided byrelatives and friends) up until August 1, 2009 - $2,825.00 monthly - collecting rent at Oceana Apartment

II. ASSETS: The Court can consider the assets of the custodial parent and/or the non-custodial parent in its awardof child support. List your assets as follows:a. Savings account balance (Name of bank: ) a)$b. Checking account balance (Name of bank: ) b) $c. Automobile(s) (Year and make: ) c) $

Loan informationd. Residence owned (Address: 120 Ocena Drive West, Unit 5-D, Brooklyn. NY 11235 d)Se. Other real estate owned e) $f. Other assets (For example: stocks, bonds, trailers, boat, etc.) f) $g. Driver's, professional, recreational, sporting and other licenses and permits held (provide name of issuingagency, license number and attach a copy if possible)

NOTE: ATTACH TO THIS FORM ANY INFORMATION AS TO ANY ADDITIONAL ASSETS.

Form 4-17 Page 3

HI .DEDUCTIONS FROM INCOME: The Court allows certain deductions from income prior to applyingthe child support percentages. List the deductions that apply to you as follows:

a. Unreimbursed employee business expenses a) $b. Maintenance actually paid to spouse not a party to this action* b) $c. Maintenance actually paid to spouse who is a party to this action c) $d. Child support actually paid on behalf of non- subject child(ren)* d) $e. Family Assistance e) $ .f. Supplemental Security Income f) $g. NYC/Yonkers Income Tax g) $h. PICA *0 $*Attach to this form a copy of the appropriate Court Order

IV. HEALTH INSURANCE. UNREIMBURSED HEALTH-RELATED EXPENSES. CHILD CARE.EXPENSES. EDUCATIONAL EXPENSES AND LIFE AND ACCIDENT INSURANCE POLICIES. Aspart of the child support obligation, parents shall be directed to provide health insurance coverage, pay a pro-ratedshare of the cost or premiums to obtain or maintain the health insurance coverage, and pay a pro-rated share ofurrreimbursed health- related expenses, pay a pro-rated share of child care expenses and in the Court's discretionpay educational expenses. The Court may direct you to purchase and maintain life and/or accident insurancebenefits or assign benefits on existing policies for the benefit of your children. List your information as followsand cross out or delete inapplicable provisions:

a.d I have health insurance coverage through [specify]: D employer or organization D private purchaseD New York State "Child Health Plus" program D New York State Medical Assistance Program.

XI do not have health insurance coverage [If this box is checked, skip to 5IV b].

1. My coverage includes O medical Oriental, O prescription drug, floptical, Dother health care services orbenefits [specify]:

2. The portion of the cost of the insurance paid by my employer or through my employment is $per [specify time period]: . The cost of the insurance paid by me is $per [specify time period]: .

3. The person(s) covered by my insurance is/are:

4. My policy number is .5. Coverage D does D does not presently include my child(ren). The additional cost to me to

include my child(ren) would be [specify cost for each type of benefit; if benefit unavailable,so indicate]:Medical: $ ' per . Optical: $ per .Dental: $. per . Prescription drugs: $ per .Other Health Services or Benefits [specify]: $. . per. .

6. The name and address of my primary (and secondary) health insurer is/are:

7. My primary (and secondary) health plan administrator is/are: (indicate name, address and telephonenumber of contact person for employer or organization):

8. There are Dmedical, n dental, D prescription drug, D optical, D other health care benefits [specify]:insurance benefits available to the child(ren) through an

Form 4-17 Page 4

individual who is not a party to this action. This individual is [indicate name and relationship]:. These benefits cost as follows :

per [specify time period]:. ..:

b. My child care provider is: . The average number ofhours of child care incurred per week are:c. My child's educational needs and expenses are:

d. I have the following life and accident insurance policies:1. Life insurance: (Name of insurer):.

(Beneficiary/Beneficiaries):,

(Name of insurer):(Beneficiary/Beneficiaries):_

2. Accident insurance: (Name of insurer):,(Name of insurer):.

This information is current as of (specify date)

VI. VARIANCE FROM THE PERCENTAGES: The Family Court Act allows the Court to order supportdifferent from the percentages if the Court finds that the support based upon the percentages would be unjustor inappropriate due to certain factors. The factors are set forth in Addendum D. The following is/are thefactor(s) that the Court should consider in this case:

VI. EXPENSES: In ordering support by the percentages the Court is not obligated to consider expenses.However, if the Court varies from the percentages, expenses may be considered. List your expenses as ,follows: [List all expenses on a weekly or monthly basis; however, you must be consistent: if any items arepaid monthly, divide by 4 to obtain the weekly payment; if any items are paid weekly, multiply by 4 to obtainthe monthly payment).(Please specify)]: I am listing my expenses on a (weekly)(monthly) basis:a. Rent or mortgage payment a) $b. Mortgage interest and amortization b) $c. Realty taxes (if not included in mortgage payment) c) $d. Insurance on realty d) $e. Utilities: electric/ water_90 telephone at home 125, cell 80 cable 125 e) $ 420f. Apartment maintenance f) $ 550g. Household repairs (specify: g) $h. Food h) $ 600i. Charge accounts, loans, etc. 1) i) $(from Section VII below) 2)

3)j. Auto expenses: gas $40 maintenance insurance & fees 180 loan j)$ 220k. Public transportation k)$ 20I. Life insurance 1)$m. Health insurance m)$n. Clothing : self $ Son $ 150 (explain: ) n)$ 150o. Laundry and dry cleaning o)$ 100p. Education and tuition (explain: Math Tutor - $300: English Tutor - $240;

Form 4-17 Page 5

Computer Tutor - $150: Sport Lessons - 720, )p)$ 1,410q. Child care q)$r. Contributions r)$s. Medical Expenses: Dental and Optical s)$ 600t. Entertainment - Movies and computer games t)$ 75u. Miscellaneous personal expenses (specify: ) u)$v. Other (specify: ) v)$.

VII. LIABILITIES. LOANS AND DEBTS: In ordering support by the percentages the Court is notobligated to consider liabilities, loans, and debts. However, if the Court varies from the percentages, they maybe considered. List your liabilities, loans and debts as follows:

Creditor Internal Revenue Service Creditor Sister Creditor Court OrderPurpose Purpose Legal Fees PurposeDate incurred Date incurred Date incurredTotal balance due $300,000 Total balance due 10,000.00 Total balance due 7,000

NOTE: ATTACH TO THIS FORM INFORMATION REGARDING ANY ADDITIONAL DEBTS.

I have carefully read the foregoing statement and attest to its truth and accuracy.

(Petitioner) ^ELENAJSVB&JSQN

PrintorType Name \e of Attorney, uanv,----'

YONATAN S. LEVORITZTESO.Attorney's Name (Law Office of Yonatan S. Levoritz, Esq.2306 Coney Island Avenue, Second FloorBrooklyn, New York 1 1223718-942-4004Attorney's Address and Telephone Number

Sworn to before me this 5thday of August ,2009 .

Notary Public

Form 4-17 Page 6

ADDENDUM ACHILD SUPPORT PERCENTAGES

The child support percentages that shall be applied by the Court unless the Court makes a finding that the non-custodial parent'sshare is unjust or inappropriate are as follows: 17% for one child; 25% for two children; 29% for three children; 31 % for four children;and no less than 35% for five or more children.

ADDENDUM BCOMBINED PARENTAL INCOME OVER $80,000.00

Where combined parental income exceeds $80,000.00, the Court shall determine the amount of child support for the amount ofthe combined parental income in excess of such dollar amount through consideration of the factors set forth in Addendum D and or thesupport percentage set forth in Addendum A.

ADDENDUM CSELF-SUPPORT RESERVE

Where the annual amount of the basic child support obligation would reduce the non -custodial parent's income below the povertyincome guidelines amount for a single person as reported by the federal Department of Health and Human Services , the basic childsupport obligation shall be twenty-five dollars per month unless the interests of justice dictate otherwise. Where the annual amount ofthe basic child support obligation would reduce the non-custodial parent's income below the self-support reserve but not below, thepro verty income guidelines amount of a single person as reported by the federal Department of Health and Human Services, the basicchild support obligation shall be fifty dollars per month or the difference between the non-custodial parent's income and the self-supportreserve, whichever is greater.

ADDENDUM DVARIANCE FROM THE PERCENTAGES

The Court has the discretion to vary from the percentages if it finds that the non-custodial parent's pro-rata share of the basic childsupport obligation is unjust or inappropriate. This finding shall be based upon consideration of the following factors:

I. The financial resources of the custodial and non-custodial parent, and those of the child.2.The physical and emotional health of the child and his/her special needs and aptitudes.3.The standard of living the child would have enjoyed had the marriage or household not been dissolved.4.The tax consequences to the parties.S.The non-monetary contributions that the parents will make toward the care and well-being of the child.6.The educational needs of either parent.7.A determination that the gross income of one parent is substantially less than the other parent's gross income.S.The needs of the children of the non-custodial parent for whom the non-custodial parent is providing support who are not subjectto the instant action and whose support .has not been deducted from income, and the financial resources of any person obligated tosupport such children, provided, however, that this factor may apply only if the resources available to support such children are less thanthe resources available Co support the children who are subject to the instant action.9. Provided that the child is not on public assistance (I) extraordinary expenses incurred by the non-custodial parent in exercisingvisitation, or (ii) expenses incurred by the non-custodial parent in extended visitation provided that the custodial parent's expenses aresubstantially reduced as a result thereof.10. Any other factors the Court determines are relevant in each case.

NOTE: The language in the above Addenda is paraphrased from that in'the statute for the purposes of simplification. For statutorylanguage, see Family Court Act Sections 413( 1), 416 and 424-a and Domestic Relations Law Sections 236-B and 240.