HomeMy WebLinkAbout09-5746JEANNE B. COSTOPOULOS, ESQUIRE
Attorney I.D. No. 68735
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
Telephone No. (717) 221-0900
Attorney for Plaintiff
CYNTHIA L. FILIPPELLI,
Plaintiff
vs.
ANTHONY J. FILIPPELLI,
Defendant
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No - 5 7V 6, 44?1
CIVIL ACTION - AT LAW
DIVORCE
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 divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland Courthouse, One Courthouse Square, Carlisle, 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 THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013-3308
(717) 249-3166
JEANNE B. COSTOPOULOS, ESQUIRE
Attorney I.D. No. 68735
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
Telephone No. (717) 221-0900
Attorney for Plaintiff
CYNTHIA L. FILIPPELLI,
Plaintiff
_ vs.
ANTHONY J. FILIPPELLI,
Defendant
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: No
CIVIL ACTION - AT LAW
DIVORCE
COMPLAINT IN DIVORCE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, Cynthia L. Filippelli, by and through her attorney, Jeanne
B. Costopoulos, Esquire, and avers the following in support of this Complaint in Divorce:
1. Plaintiff, Cynthia L. Fillippelli, is an adult individual currently residing at 107 Miller Street,
Summerdale, Cumberland County, Pennsylvania, 17093.
2. Defendant, Anthony J. Filippelli, is an adult individual currently staying at an undisclosed
location.
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of
Pennsylvania for at least six months immediately prior to the filing of this Complaint.
4. Plaintiff and Defendant were married on October 30, 1976 In Summerdale, Cumberland
County, Pennsylvania.
5. There have been no prior actions of divorce or annulment between the parties.
1
COUNT I - DIVORCE
6. Plaintiff avers that the grounds on which this divorce action is based are that the marriage
is irretrievably broken.
7. Neither Plaintiff nor Defendant is in the military or naval service of the United States or
its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the
Congress of 1940 and its amendments.
8. Plaintiff and Defendant are both citizens of the United States.
9. Plaintiff has been advised of the availability of marriage counseling and that she may
have the right to request the Court to require the parties to participate in such counseling.
- Being so advised, Plaintiff does not request that the Court require the parties to
participate in counseling prior to a Divorce Decree being handed down by the Court.
10. There are no dependent children from this marriage.
11. This action is not collusive.
COUNT II - EQUITABLE DISTRIBUTION
12. While no settlement has been reached as of the date of the filing of this Complaint,
Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all
matters with Defendant. To the extent that a written Settlement Agreement might be
entered into between the parties prior to the time of hearing on this Divorce Complaint,
Plaintiff desires that such written Agreement be approved by the Court and incorporated,
but not merged, in any Divorce Decree which might be entered dissolving the marriage
between the parties.
2
13. Plaintiff and Defendant are the owners of various items of real and personal property,
furniture and household furnishings acquired during their marriage, which are subject to
equitable distribution by this court.
14. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts,
retirement accounts, investments, and insurance policies acquired during their marriage,
which are subject to equitable distribution by this court.
COUNT III - ALIMONY PENDENTE LITE,
ATTORNEY'S FEES AND COSTS
15. By reason of this action, Wife will be put to considerable expense in the preparation of
her case in the employment of counsel and the payment of costs.
16. Wife is without sufficient funds to support herself and to meet the costs and expenses of
this litigation and is unable to appropriately maintain herself during the pendency of this
action.
17. Wife's income is not sufficient to provide for her reasonable needs and pay her attorney's
fees and costs of this litigation.
18. Husband has adequate earnings to provide for Wife's support and to pay her counsel fees,
costs and expenses.
COUNT 10 ALIMONY
19. Wife lacks sufficient property to provide for her reasonable needs.
20. Wife is unable to sufficiently support herself through appropriate employment.
21. Husband has sufficient income and assets to provide continuing support for the Wife after
the entry of a Decree in Divorce.
WHEREFORE, Plaintiff, Cynthia L. Filippelli, requests this Honorable Court to:
1) Enter a Decree in Divorce;
2) Equitably distribute all property, both personal and real, owned by the parties;
3) Compel Husband to pay alimony pendente lite to Wife;
4) Compel Husband to pay post-divorce alimony to Wife;
5) Grant Wife's attorney's fees and costs;
-6) Grant such further relief as the Court may deem equitable and just.
Respectfully Submitted:
,- -- - _.
By:
JEANNE B. COSTOPOULOS, ESQUIRE
Attorney I.D. No. 68735
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
Telephone No. (717) 221-0900
ATTORNEY FOR PLAINTIFF
Date:
4
VERIFICATION
I, Cynthia L. Filippelli, hereby verify and state that the facts set forth in the foregoing
document are true and correct to the best of my information, knowledge and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to
unsworn verification to authorities.
Date:
Cynthia L. Fillippelli
PILED-OFFICE
QF THE PO-R-uDNOTARY
2009 AUG 20 AM 0: 41'4
?3 3 ?o
JEANNE B. COSTOPOULOS, ESQUIRE
Attorney I.D. No. 68735
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
Telephone No. (717) 221-0900
Attorney for Plaintiff
CYNTHIA L. FILIPPELLI,
Plaintiff
VS.
ANTHONY J. FILIPPELLI,
Defendant
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:No dl- 57 LAY
CIVIL ACTION - AT LAW
DIVORCE
PLAINTIFF'S PETITION FOR SPECIAL INJUNCTIVE RELIEF
TO PREVENT DISSIPATION OF MARITAL ASSETS
AND NOW comes the Plaintiff, Cynthia L. Filippelli, by and through her attorney, Jeanne
B. Costopoulos, Esquire, and files this Petition for Special Injunctive Relief to Prevent
Dissipation of Marital Assets, and in support thereof, avers as follows:
1. Petitioner is Cynthia L. Filippelli, Plaintiff above, hereinafter referred to as Wife.
2. Respondent is Anthony J. Filippelli, Defendant above, hereinafter referred to as Husband.
3. _ Wife is simultaneously with the instant Petition filing a Complaint in Divorce with a
count for equitable distribution of marital property.
4. Husband and Wife are owners of certain real property and other assets, which are,
although marital, titled in the name of Husband individually and Wife individually.
5. The parties separated on August 16, 2009, when Husband was arrested and removed from
the marital residence. The next morning, on August 17, 2009, Husband removed all cash
from the parties' checking account (approximately $300.00) and took a cash advance
from the parties' joint Member's First Personal Service Loan (PSL) account in the
amount $7,000.00.
6. In light of the above, Wife believes that if not specifically prohibited from doing so,
Husband will incur additional debt for which Wife may be held liable to third parties.
7. In addition, due to Husband's severe gambling addiction, Wife believes that if not
specifically prohibited from doing so, Husband will dissipate, alienate or otherwise
encumber property titled in his name solely, despite Wife's marital interest in such
property. Specifically, Wife is concerned that Husband may attempt to cash in his 401 k
account which has a current value in excess of $300,000.00.
8. It is believed and averred that the actions of Husband if he were to incur additional joint
debt and/or if he were to dissipate assets in which Wife holds a marital interest would be
contrary to the interests of Wife and would violate the obligations owed by Husband to
Wife under the Divorce Code.
9. The selling, transferring, disposing, encumbering, concealing, removing or alienating
assets without the consent of Wife would defeat Wife's right to equitable distribution of
the marital estate.
10. Section 3323(f) of the Divorce Code provides in relevant part:
In all matrimonial causes, the court shall have full equity power
and jurisdiction and may issue injunctions or other orders which
are necessary to protect the interests of the parties or to effectuate
the purposes of this part and may grant such other relief or remedy
as equity and justice require against either party...
It. Section 3505(a) of the Divorce Code provides:
Where it appears to the court that a parry is about to... dispose of, alienate or
encumber property in order to defeat equitable distribution, alimony pendente lite,
alimony, child and spousal support or a similar award, an injunction may be
attached as prescribed by general rules.
12. -Pennsylvania Rule of Civil Procedure 1920.43(a) provides:
At any time after the filing of the complaint, on petition setting forth facts
entitling the party to relief, the court may, upon such terms and conditions as it
deems just, including the filing of security,
(1) issue preliminary or special injunctions
necessary to prevent the removal, disposition, alienation or
encumbering of real or personal property in accordance
with Rule 1531(a), (c), (d) and (e); or
(2) order the seizure or attachment of real or
personal property; or
(3) grant other appropriate relief.
13. Wife is without the means to post security and while the Rule 1531 provides for the filing
of security, exceptions to this requirement exist in the area of family law. See Wenz v.
Wenz, 400 Pa. 397, 162 A.2d 376 (1960).
14. No prior judge has been involved with this case.
15. Due to the exigency of the matter and not wanting to provide Defendant an opportunity to
transfer assets prior to a temporary order being issued, undersigned counsel has not
sought Defendant's concurrence regarding the relief requested herein.
WHEREFORE, Wife prays this Honorable Court to issue a preliminary injunction until
hearing and finally thereafter, enjoining Husband from disposing, transferring, encumbering,
concealing, selling, removing, or alienating any property, real or personal, absent written
agreement between the parties.
Respectfully Submitted:
By:
EAW B. COSTOPOULOS, ES
Attorney I.D. No. 68735 OME'
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
` ATTORNEY FOR PLAINTIFF
Dated: ? (Z ( U
VERIFICATION
- I, Cynthia L. Filippelli, hereby verify and state that the facts set forth in the foregoing
document are true and correct to the best of my information, knowledge and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relatin to
g
unsworn verification to authorities. if I P k1
Date: - ?g
Cynthia L. Fillippelli
CERTIFICATE OF SERVICE
I, Jeannd B. Costopoulos, Esquire, Attorney for Plaintiff, herein, Cynthia L. Filippelli, do
hereby certify that on this date I served the foregoing Petition for Special Injunctive Relief to
Prevent Dissipation of Marital Assets, by depositing a true and exact copy thereof in the United
States mail, first class, postage prepaid, addressed as follows:
Anthony J. Filippelli
P.O. Box 68
Summerdale, PA 17093
f_
By:
J OST
OPOULOS, ESQUIRE
A ey I.D. No. 8
735
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
ATTORNEY FOR PLAINTIFF
s
Dated:
FILED-Cl!' .CE
OF THE PRO"
2009 AUG 20 AH 8: 48
AUG 2 0 2009 6.1
CYNTHIA L. FILIPPELLI, THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. : No
L/'
ANTHONY J. FILIPPELLI, CIVIL ACTION - AT LAW
Defendant DIVORCE
ORDER OF COURT
AND NOW this a? day of , 2009, a Rule is hereby - 4t-'? In the mdntneither party shall dispose of, transfer, encumber, conceal, sell, remove,
issued on Defendant to show cause why Plaintiff's Petition for Special Injunctive Relief to
Prevent Dissipation of Marital Assets should not be granted.
Rule returnable - F -- - . ow se. v alienate, or otherwise change the current status of any asset acquired by either party during the
marriage, regardless of how titled. Specifically, Defendant is temporarily enjoined from
removing any funds from his 401 k or any other investment account.
BY TH OURT:
J.
Distribution:
? J nne B. Costopoulos, Esq., 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055
Anthony J. Filippelli, P.O. Box 68, Summerdale, PA 17093 - G? cry ?h&t?f?
;17
Pp/L4c?C.l Q?'ur?
FILED- ?C, i-- CE'
,. F,
T? {C ? i .t._1, r! ?NM ,Y
2009 AUG 21 A 1G:3 4,
CW. 'y
i ?: _,'
PENNSYLViNIA
J
JEANNE B. COSTOPOULOS, ESQUIRE
Attorney I.D. No. 68735
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
Telephone No. (717) 221-0900
Attorney for Plaintiff
CYNTHIA L. FILIPPELLI,
Plaintiff
vs.
ANTHONY J. FILIPPELLI,
Defendant
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No 09-5746
CIVIL ACTION - AT LAW
DIVORCE
AFFIDAVIT OF SERVICE
I, Jeanne B. Costopoulos, Esquire, verify that the Complaint in Divorce filed August 20,
2009, was served upon the Defendant indicated above August 22, 2009, by first class, Certified
Mail No. 7005 0390 0002 6255 6974, postage prepaid, return receipt requested, restricted
delivery, pursuant to the requirements of Pa.R.C.P. § 1930.4. I verify that the statements made
herein are true and correct and I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
By:
JEANNE B. COSTOPOU SQUIRE
Attorney I.D. No. 68735
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
Telephone No. (717) 221-0900
Attorney for Plaintiff
Date: /`
^ Complete items 1., 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
^ Print your name and address on the reverse
so that. we can return the card to you.
^ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
~n,~h-~ ~- ~'lI ~'QPQ~~r
~a ~ X ~~
c~®~3
a s~nat `
X ^ Agent
~ Addressse
B. Received by(Prfnfed Name) C. Date of Delivery
r-~~t~~f
D. Is address diifewnttrQin item 1? ^ Y
If YES, enter delivwy addrbss below: gnlo
~. U f'l
a'r 4,x`1
^' i' t
3. type `.
Mail ' , ~ Express Maii
^ Registered ^ Retum Receipt for MercherxHee
^ Insured Mali ^ C.O.D.
4. Restricted Delivery? (Exba Fee) ^ Yes
2. tTians~ mservJcefabel) ~ 705 ~39~ 002 6255 69.74.
PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1y11
. ' : ~ ~,~.
2t~~'~ 5'~~i=' -~3 ~~ ~~ 2~
,~~p-
t r ~~
CYNTHIA L. FILIPPELLI,
Plaintiff
vs.
ANTHONY J. FILIPPELLI,
Defendant
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 09-5746
CIVIL ACTION - AT LAW
DIVORCE
2~/ ORDER OF COURT
AND NOW this ~7v` day of , 2009, upon consideration
of Plaintiff s Petition for Special Injunctive Relief to Prevent Dissipation of Marital Assets and
upon defense counsel's concurrence with the relief requested therein, it is hereby ORDERED
that a Preliminary Injunction is granted and neither party shall dispose of, transfer, encumber,
conceal, sell, remove, alienate, or otherwise change the status of any asset acquired by either
party during the marriage, regardless of how titled, absent a written agreement between the
parties.
TH
Edward E. Guido, J.
Distribution:
/ J e B. Costopoulos, Esq., 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055
Timothy J. Colgan, Esq., 130 West Church Street, Suite 100, Dillsburg, PA 17019
Q~a~d`t
~'~'1
+ _. i_
2~~9 S~~.~ -3 i=y' ~~ C~~
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 09-5746 CIVIL
OOriginal Order/Notice
State ('ommonwealth of PennsKlvania
OAmended Order/Notice
CO./City/DISt. Of CUMBERLAND
Date of Order/Notice 02/04/10 OTerminate Order/Notice
Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice
RE:FILIPPELLI, ANTHONY J.
Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI)
198-44-7750
Employee/Obligor's Social Security Number
MCCANN SCHOOL OF BUSINESS & 1393102185
TECHNOLOGY Employee/Obligor's Case Identifier
47 S MAIN ST (See Addendum for plaintiff names
MAHANOY CITY PA 17 9 4 8 - 2 619 associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an orc~ fonsapport
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required de~t th`t~ie
amounts from the above-named employee's/obligor's income until further notice even if the Order~iy[rce i~Aot
issued by your State.`;~• :' °°
$ o. oo per month in current child support ~~'~` ~ r
$ o . oo per month in past-due child support Arrears 12 weeks or greater? ,'yes ~ n~~~.~
$ o. oo per month in current medical support ~f`; ~ ~e~i
$ o . oo per month in past-due medical support i'c_ N ~~
$ goo . oo per month in current spousal support`- ,~..
$ o . oo per month in past-due spousal support rv
$ o . oo per month for genetic test costs
$ o . oo per month in other (specify)
$ one-time lump sum payment
for a total of $ 900.00 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:
$ 207.69 per weekly pay period. $ 4so . oo per semimonthly pay period
(twice a month)
$ 415.38 per biweekly pay period (every two weeks) $ 900 . oo per monthly pay period.
REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10)
working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of
withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work
state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of
the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding,
the following information is needed (See #9 on page 2).
Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is
ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has
a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections
and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE
42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFEND NT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Ide ti ier) OR SO / L SEC TY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BY THE COURT: ~ ~ ~ ~ O
e sey er, r.., Judge
DRO: R.J. Shadday Form EN-028 Rev.5
Service Type M OMB No.: 0970-0154 Worker I D $ IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
~ If checked you are required, to provide a copy of this form to your m loyee. If yo r employee works in a state that is
different from the state that issued this order, a copy must be provic~edpto your emp~oyee even if the box is not checked.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
em p loyee%bl igor.
3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The
paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2321937610
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : ~ THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: ~
EMPLOYEE'S/OBLIGOR'S NAME:FILIPPELLI, ANTHONY J.
EMPLOYEE'S CASE IDENTIFIER: 1393102185 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee%bligor from employment,
refusing to employ, or taking disciplinary action against any employee%bligor 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: t) the amounts allowed by the Federal Consumer Credit
Protection Ad (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of
employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social
Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is
supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is
increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks., If permitted by the State, you may
deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section.
Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the
employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts
allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of
the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the
CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health
care premiums in determining disposable income and applying appropriate withholding limits.
10. Additional info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state
that issued this order with respect to these items.
1 t . Send Termination Notice and
other correspondence to: If you or your employee/obligor have any questions,
DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT
~ 3 N HANOVER ST by telephone at (717) 240-6225 or
P.O. BOX 320 by FAX at (717) 240-6248 or
CARLISLE PA 17013
by Internet www.childsupport.state.pa.us
Page 2 of 2 Form EN-028 Rev.5
Service Type M OMBNo.:0970-0154 Worker.ID $IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: FILIPPELLI, ANTHONY J.
PACSES Case Number 702111172
Plaintiff Name
CYNTHIA FILIPPELLI
Docket Attachment Amount
09-5746 CIVIL$ 900.00
Child(ren)'s Name(s): DOB
.................
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
PACSE~Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(reN's Name(s): DOB
Addendum Form EN-028 Rev.S
Service Type ty OMB No.: 0970-0154 Worker I D $IATT
CYNTHIA FILIPPELLI, .
Plaintiff/Petitioner .
VS. .
ANTHONY J. FILIPPELLI, .
DefendandRespondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -DIVORCE
NO. 09-5746 CIVIL TERM
IN DIVORCE
PACSES CASE: 702111172
ORDER OF COURT
AND NOW to wit, this 4th day of February, 2009, it is hereby Ordered that the an
obligation for Alimony Pendente Lite is entered pursuant to the attached Support Stipulation of
the parties.
This Order shall become final twenty (20) after the mailing of the notice of tl~ ~,
~
entry of the Order to the parties unless either party files a written demand with the~~.`,° c' `~
_.
<:_.`~ a Ci ; ~
;? z,
Prothonotary's Office for a hearing de novo before the Court
~ '
;
`~~~
.
~°,
.
. ~,t, ~~
1~
:~
~
N ;j i"r'1
~
j
"` '~ =G
~ N
DRO: R.J. Shadday
xc: Petitioner
Respondent
Timothy J. Colgan, Esq.
Frank C. Sluzis, Esq.
Form 0E-001
Service Type: M Worker: 21005
BY THE COURT:
I •c,
Timothy J. Colgan, Esquire
COLGAN MARZZACCO LLC
130 West Church Street
Suite 100
Dillsburg, PA 17019
Attorney for Defendant
CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS
~ CYNTHIA FILIPPELLI,
Plaintiff,
vs.
~ ANTHONY J. FILIPPELLI,
-OMESTIC RELATIONS SEC~1~;-N
C" Q
~ O
Q73~
'ase No.: 00821 S 2009
n _.._ c~
:~~o
~~-~
ACSES No.: 702111172 Byrn
z~
--~ o
-< z
N
0
O
av
D
00 .
~~
Defendant
SUPPORT STIPULATION
AND NOW this Zq'N"day of aWv , 2010, the parties to the above
captioned matter having reached an agreement with regard to spousal support/alimony pendente
lite, the parties stipulate and agree that an Order for Alimony Pendente Lite shall be entered in
Cumberland County as follows:
1. Plaintiff is Cynthia Filippelli who currently resides at 107 Miller Street,
Summerdale, PA 17093.
2. Defendant is Anthony J. Filippelli, who currently resides at 1047 1/2 E. Chestnut
Street, Sunbury, PA 17801-2936
3. A Cumberland County Divorce action is pending at docket number 09-5746.
4. Plaintiff s divorce complaint includes a count for Alimony Pendente Lite.
5. The parties agree that an order for Alimony Pendente Lite shall be entered in
Cumberland County.
C:1Documents and SettingslFCSlLocal SettingslTemporary Internet FilesIOLK791Cumberland County Support Sttpulatton v2.doc
i.~
6. The parties agree that Anthony Filippelli shall pay to Cynthia Filippelli the
amount of $900.00 per month as Alimony Pendente Lite.
7. The parties agree that the effective date of the Order shall be February 1, 2010.
8. The arrears shall be $0.00.
9. Arrears, if any in the future, shall be collected at the rate of $100.00 per month.
10. Funds shall be collected from Defendant via a wage attachment issued by
PASCDU.
11. Cynthia Filippelli shall continue to cover herself and Anthony Filippelli on her
employer sponsored health insurance.
12. Cynthia Filippelli shall be responsible for the first $250.00 per calendar year of
unreimbursed medical expenses.
13. Thereafter, the parties shall share unreimbursed medical expenses with Cynthia
Filippelli being responsible for 31 % of any unreimbursed medical expenses and
Anthony Filippelli being responsible for 69% of any unreimbursed medical
expenses.
14. Any Order entered per this Stipulation is subject to modification in the event of a
material change in circumstances of either party.
15. The parties stipulate and agree that the terms and conditions of this Stipulation
shall be entered as an Order of Court.
1~6. This Agr~ment may beamed in counterparts.
on the date first written above.
u
Witness
Cynthia Filippelli
6 ~~~..
Anthony ilippelli
C: (Documents and SettingslFCSlLocal SettingslTemporary Internet Fr1esIOLK791Cumberland County Support Sttpulatton v2.doc
-2-
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 09-5746 CIVIL
State commonwealth of Pennsylvania OOriginal Order/Notice
Co./City/Dlst. of CUMBERLAND OAmended Order/Notice
Date of Order/Notice 05/14 j10 OTerminate Order/Notice
Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice
RE:FILIPPELLI, ANTHONY J.
Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI)
198-44-7750
Employee/Obligor's Social Security Number
YTI CAREER INSTITUTE 1393102185
1405 WILLIAMS RD Employee/Obligor's Case Identifier
YORK PA 174 02 - 9 012 (See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, first, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ o. oo per month in current child support
$ o. oo per month in past-due child support Arrears 12 weeks or greater? Qyes ~, no
$ o . oo per month in current medical support
a, ''ri
$ o.oo per month in past-due medical support -t~t~ ~, fT
$ 900. oo per month in current spousal support ~~ ~` :~
~, " --~G
$ loo . oo per month in past-due spousal support ~ .
$ o . o o per month for genetic test costs ~~ ` ~ p -
$ o . oo per month in other (specify) ~` '`_' ~ ~~'~'
.- -t, ~,
$ one-time lump sum payment ~' ` ' a.
~C, .~::
~ r~ s', r-
for a total of $ 1, ~
000.00 per month to be forwarded to payee below. ~
-c
You do not have to vary your pay cycle to be incompliance 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:
$ 230.77 Per weekly pay period. $ 500. oo per semimonthly pay period
(twice a month)
$ 461.54 per biweekly pay period (every two weeks) $ i, 000. oo per monthly pay period.
REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10)
working days after the date of this Order/Notice. Send payment within seven {7) working days of the paydate/date of
withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work
state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55°!0 of
the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding,
the following information is needed (See #9 on page 2).
Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is
ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has
a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections
and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE
42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P,O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Ides 'fier OR SOC/ ECURI NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
DRO : F2. J . Shadday
Service Type M
J. Wgslgy Olgr, Jr., Judge
OMB No.: 0970-0754
Form EN-028 Rev.5
Worker ID $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
~ lf~hecked you are required, to provide a copy of this form to your m loyee. If yo r employee works in a state that is
di Brent from the state that issued this order, a copy must be provi~edpto your emp~oyee even if the box is not checked.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee/obligor.
3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The
paydateldate of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the
state of the employee's/obligor`s principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee%bligorand you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2515949s3o
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : ~ THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0
EMPLOYEE'S/OSLIGOR'SNAME:FILIPPELLI, ANTHONY J.
EMPLOYEE'S CASE IDENTIFIER: 1393102185 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:,
LAST KNOWN PHONE NUMBER:
FINAL PAYMENT AMOUNT
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee%bligor from employment,
refusing to employ, or taking disciplinary action against any employee%bligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee'slobligor's principal place of
employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social
Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is
supporting another family and 60°l° of the disposable income if the obligor is not supporting another family.However, that 50% limit is
increased to 55% and that 60% limit is increased to 65°1° if the arrears are greater than 12 weeks. If permitted by the State, you may
deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section.
Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the
employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts
allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of
the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the
CCPA (15 U.S.C. 1673 (b)). Depending upon app{icable State taw, you may need to take into consideration the amounts paid for health
care premiums in determining disposable income and applying appropriate withholding limits.
10. Additional info:
* NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state
that issued this order with respect to these items.
11. Send Termination Notice and
other correspondence to: If you or your employee/obligor have any questions,
DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT
13 N. HANOVER ST by telephone at (717) 240-6225 or
P.O. BOX 320
CARLISLE PA 17013 by FAX at (717) 240-6248 or
by Internet www.childsupport.state.pa.us
Page 2 of 2 Form EN-028 Rev.5
Service Type M OMB No.: 0970.0154 Worker I D $ IATT
ADDENDUM
Summary of Cases on Attachment
DefendandObligor: FILIPPELLI, ANTHONY J.
PACSES Case Number 702111172
Plaintiff Name PACSES Case Number
CYNTHIA FILIPPELLI Plaintiff Name
Docket Attachment Amount
09-5746 CIVIL$ 1,000.00 Docket AttachmentAmount
Child(ren)'s Name(s): DOB $ o. 00
Child(ren)'s Name(s>: DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
Addendum Form EN-028 Rev.5
Service Type tq
OMBNo.:0970-0154 Worker ID $IATT
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Penn.~ylvania
Co./City/Dirt. of CUMBERLAND
Date of Order/Notice os/28/10
Case Number (See Addendum for case summary)
Employer'/Withholder's Federal EIN Number
YTI CAREER INSTITUTE
1405 WILLIAMS RD
YORK PA 17402-9012
09-5746 CIVIL
OOriginal Order/Notice
OAmended Order/Notice
OTerminate OrderlNotice
OOne-Time lump SumlNotice
RE:FILIPPELLI, ANTHONY J.
Employee/Ob{igor's Name (Last, First, MI)
196-44-7750
Employee/Obligor's Social Security Number
1393102185
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodia{ Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. 8y law, you are required t decj~i t these
amounts from the above-named employee's/obligor's income until further n otice even if the Order/N~ce i~ot
issued by your State. -~~ cam...
- ---~
~
$ o.oo
per month in current child support ~ ,..... ~
n
`-, ~: ..,.~
~~--°
$ o . oo per month in past-due child support Arrears 12 weeks or greater? yes ~ n a~~
'
$ o. oo
per month in current medical support --:
r-~; s ,.~
`.=~~__.~
$ o
oo per month in past-due medical support ; A-
~C =`;~=
.
$ 900 , oo per month in current spousal support .:
~~ <~..'
~ ,,` c'
~
,~
$ o . oo per month in past-due spousal support `~'
~ ~ ~
~°
$ o . oo per month for genetic test costs '
t... ...
$ o . oo per month in other (specify)
$ one-time lump sum payment
for a total of $ 900.00 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:
$ 207.69 Per weekly pay period. $ 450.00 per semimonthly pay period
(twice a month)
$ 415.38 ~ per biweekly pay period (every two weeks) $ 900. oo per monthly pay period.
REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10)
working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of
withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work
state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of
the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding,
the following information is needed (See #9 on page 2).
Pennsylvania law (23 PA C.S. § 4374(6)) requires remittance by an electronic payment method if an employer is
ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has
a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections
and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE
42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST 1NClUDE THE DEfEND 'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case /denti~ier,J OR SO A SECI~ NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MA/L. /1 /~
BY THE COURT: _ _ ~.L ~~ ~~ ~I ~~~~~ ~1 v~ ~ l t ~ ~
J. L~sfsy Ol~r, Jr., Judgs
DRO: R.J. Shadday
Service Type M
OMB No.: 0970-0154
Form EN-028 Rev.5
Worker I D $ IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
~ If~hecke~l you are required to provide a~opy of this form to your~mployee. If your employee works in a state that is
di Brent rom the state that issued this or er, a copy must be provi ed to your employee even if the box is not checked
1. Priority: Withholding under this OrderlNotice 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%bligor'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/obl Igor.
3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The
paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee%bligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2516949s3o
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : [~ THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: C7
EMPLOYEE'S/OBLIGOR'S NAME: FILIPPELL2, ANTHONY J.
EMPLOYEE'S CASE IDENTIFIER: 1393102185 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
LAST KNOWN PHONE NUMBER:
FINAL PAYMENT AMOUNT•
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are {fable for both the accumulated amount you should have
withheld from the employee%bligor'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: t) the amounts allowed by the Federal Consumer Credit
Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of
employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social
Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is
supporting another family and b0% of the disposable income if the obligor is not supporting another family.However, that 50% limit is
increased to 55% and that 60°1° limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may
deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section.
Arrears greater than 12 weeks : If the Order Information does not 'sndicate whether the arrears are greater than 12 weeks, then the
employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts
allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of
the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the
CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health
care premiums in determining disposable income and applying appropriate withholding limits.
10. Additional info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state
that issued this order with respect to these items.
1 t . Send Termination Notice and
other correspondence to:
DOMESTIC RELATIONS SECTION
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
13 N. HANOVER ST by telephone at (717} 240-6225 or
P.O. BOX 320
CARLISLE PA 17013 by FAX at (717} 240-6248 or
by Internet www.childsupport.state.pa.us
Page 2 of 2 Form E N-028 Rev.S
Service Type M OMB No.: 0970-0154 Worker I D $ IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: FILIPPELLI, ANTHONY J.
PACSES Case Number 702111172
Plaintiff Name
CYNTHIA FILIPPELLI
Docket Attachment Amount
09-5746 CIVIL$ 900.00
Child(ren)'s Names>: DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
Addendum Form EN-028 Rev.5
Service Type M $IATT
OMB No.: 0970-0154 Worker I D
CYNTHIA L. FILIPPELLI, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 09-5746
ANTHONY J. FILIPPELLI, : CIVIL ACTION - AT LAW
Defendant : DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3001(c) of the Divorce Code was filed on August 20,
2009.
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. § 4904 relating to unworn
falsification to authorities.
Date: 2 - -201
Cynthia L. Filippelli, Plaintiff
rT7 r,
? -
-. -?c
= --
c_, C
)
CYNTHIA L. FILIPPELLI,
Plaintiff
V.
ANTHONY J. FILIPPELLI,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. 09-5746
: CIVIL ACTION - AT LAW
: DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER & 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court and
that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn
falsification to authorities.
Date:
Cynthia L. Filippelli, Plaintiff
i ? rn 3-r?
i
fV
f,r
CYNTHIA L. FILIPPELLI, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 09-5746
ANTHONY J. FILIPPELLI, : CIVIL ACTION - AT LAW
Defendant : DIVORCE
AFFIDAVIT OF CONSENT
L A Complaint in Divorce under § 3001(c) of the Divorce Code was filed on August 20,
2009.
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. § 4904 relating to unsworn
falsification to authorities.
Date:
1-3 1- aAll I-? "Ix -i&, Anthony J. Filippelli, Defendant
77
-? o
Vic. - ,
C",;
C3
+v r?*
V
CYNTHIA L. FILIPPELLI,
Plaintiff
V.
ANTHONY J. FILIPPELLI,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. 09-5746
: CIVIL ACTION - AT LAW
: DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER & 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court and
that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn
falsification to authorities.
Date:
L LbsA
Antho J. Filippelli, Defendant
fin a:--n
:Z;:0
-U
J r
F?
D C-1
r s , %
CYNTHIA L. FILIPPELLI,
Plaintiff
VS.
ANTHONY J. FILIPPELLI,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No 09-5746
: CIVIL ACTION - AT LAW
: DIVORCE
e?
-a -'..
rTi
-t f-?
c
pCD
31 T-
r.,
?v
MARITAL SETTLEMENT AGREEMENT
THIS MARITAL SETTLEMENT AGREEMENT made this
day of --?
r-
?d uw , 2011, by and between CYNTHIA L. FILIPPELLI, (WIFE) and ANTHONY J.
FILIPPELLI, (HUSBAND):
WITNESSETH:
WHEREAS, the parties were married on October 30, 1976, in Summerdale, Pennsylvania;
and
WHEREAS, the parties separated on August 16, 2009; and
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the
parties and it is the intention of HUSBAND and WIFE to live separate and apart, and the parties
hereto are desirous of settling fully and finally their respective financial and property rights and
obligations as between each other, including, without limitation by specification: the settling of all
matters between them in relation to the ownership and equitable distribution of real and personal
property; settling of all matters between them relating to the past, present and future support, alimony
and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling
of any and all claims and possible claims by either party against the estate of the other party.
NOW, THEREFORE, in consideration ofthe mutual promises, covenants and undertakings
hereinafter set forth and for other good and valuable consideration, receipt of which is hereby
acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally
?? ca
4a
bound hereby covenant and agree as follows:
1. INTERFERENCE: Each party shall be free from interference, authority, and contact
by the other, as fully as though he or she were single and unmarried, except as may be necessary to
carry out the provisions of this Agreement. Neither party shall. molest the other or attempt to
endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass
or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the
other.
2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement
shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any
defense as may be available to either party. This Agreement is not intended to condone and shall not
be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the
other party which have occasioned the disputes or unhappy differences.
3. SUBSEOUENT DIVORCE: The parties hereby acknowledge that WIFE filed a
Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is
irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby
express their agreement that the marriage is irretrievably broken and express their intent to execute
any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce
pursuant to Section 3301(c) of the Pennsylvania Divorce. The parties hereby waive all rights to
request court ordered counseling under the Divorce Code. It is further specifically understood and
agreed by the parties that the provisions of this Agreement as to equitable distribution of property of
the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as
contemplated by the Pennsylvania Divorce Code.
Should a decree, judgment or order of divorce be obtained by either of the parties in this or
any other state, country or jurisdiction, each of the parties hereby consents and agrees that this
Agreement and all of its covenants shall not be affected in any way by such separation or divorce;
nothing in any such decree, judgment, order or further modification or revision thereof shall alter,
amend or vary any term of this Agreement. It is the specific intent of the parties to permit this
Agreement to survive any judgment and to be forever binding and conclusive upon the parties.
4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted
and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree
hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been
or may be instituted by the parties for the purpose of enforcing the contractual obligations of the
parties. This agreement shall not be merged in any such decree but shall in all respects survive the
same and be forever binding and conclusive upon the parties.
5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of
execution" or "execution date," defined as the date upon which it is executed by the parties if they
have each executed this Agreement on the same date. Otherwise, the "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the party last
executing this Agreement.
6. DISTRIBUTION DATES: The transfer of property, funds and/or documents
provided for herein, shall only take place on the "distribution" date, which shall be defined as the
effective date of this Agreement, unless otherwise provided for herein, including any spousal support
and/or alimony payments.
7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise,
release, quit-claim and forever discharge the other and the estate of such other, for all time to come,
and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or
against the property (including income and gain from property hereafter accruing) of the other or
against the estate of such other, of whatever nature and wheresoever situated, which he or she now
has or at any time hereafter may have against the other, the estate of such other or any part hereof,
whether arising out of any former acts, contracts, engagements or liabilities of such other or by way
of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights,
family exemption or similar allowance, or under the intestate laws, or the right to take against the
spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other
rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any
country or any rights which either party may have or at any time hereafter shall have for past, present
or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property,
costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights
and agreements and obligations of whatsoever nature arising or which may arise under this
Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE
to give each other by the execution of this Agreement a full, complete and general release with
respect to any and all property of any kind or nature, real, personal or mixed, which the other now
owns or may hereafter acquire, except and only except all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or for the breach of any
provision thereof. It is further agreed that this Agreement shall be and constitute a full and final
resolution of any and all claims which each of the parties may have against the other for equitable
division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims
pursuant to the Pennsylvania Divorce Code or the divorce laws of' any other jurisdiction.
8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and
their legal effect have been fully explained to HUSBAND AND WIFE by their respective
counsel, Frank C. Sluzis, Esquire, counsel for WIFE and Timothy J. Colgan, Esquire, counsel for
HUSBAND.
Each party acknowledges that they have received independent legal advice from counsel of
his or her own selection, that each has fully disclosed his or her respective financial situations to the
other, including his or her property, estate, assets, liabilities, income and expenses, that each is
familiar with and fully understands the facts, including the property, estate, assets, earnings and
income of the other, and that each has been fully informed as to his or her legal rights and
obligations. Each of the parties acknowledges and agrees that, after having received such advice and
with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is
being entered into freely, voluntarily, and in good faith and that the execution of this agreement is
not the result of any duress, undue influence, coercion, collusion and/or improper or illegal
agreement. Each party further acknowledge that they have each made to the other a full and
complete disclosure of their respective assets, estate, liabilities, and sources of income and that they
waive any specific enumeration thereof for the purposes of this agreement.
9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that
they have not heretofore incurred or contracted for any debt or liability or obligation for which the
estate of the other party may be responsible or liable except as may be provided for in this
Agreement. Each party agrees to indemnify and hold the other party harmless from and against any
and all such debts, liabilities or obligations of every kind which may have heretofore been incurred
by them, including those for necessities, except for the obligations arising out of this Agreement.
10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE
covenant, warrant, represent and agree that, with the exception of obligations set forth in this
Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the
other may be liable. Each party shall indemnify and hold harmless the other party from and against
any and all debts, charges and liabilities incurred by the other after the execution date of this
Agreement, except as may be otherwise specifically provided for by the terms of this Agreement.
11. DIVISION OF MARITAL RESIDENCE: WIFE shall retain as her sole and
separate property the former marital residence located at 107 Miller Street, Summerdale,
Pennsylvania. HUSBAND shall sign a deed conveying all right, title and interest he may have in the
property to WIFE. HUSBAND shall hold said deed in escrow pending completion of WIFE's
refinance or assumption of the existing mortgage on the property. Said refinance shall occur within
120 days of the execution ofthis Agreement. WIFE shall be responsible for all expenses associated
with the property from August 16, 2009 forward and shall indemnify and hold HUSBAND harmless
as to same. In the event the refinance or assumption is not complete within the aforementioned 120
period, the property shall be immediately listed for sale with a broker mutually selected by counsel
for the parties.
12. PENSIONS/RETIREMENT ACCOUNTS: WIFE is the owner of retirement
benefits through her employment with Holy Spirit Hospital. WIFE shall retain her retirement
benefits as her sole and separate property free of all claim of right, title or interest of HUSBAND.
HUSBAND is the owner of retirement benefits through TIAA-CREF, Merrill Lynch and
McCann. HUSBAND shall transfer to WIFE from his Merrill Lynch retirement account the sum of
$165,000.00 plus proportionate gains and losses thereon from the execution of this Agreement until
such time as the funds are transferred to WIFE. Said transfer shall occur via a Qualified Domestic
Relations Order (QDRO) to be prepared by HUSBAND at his sole cost and expense. Thereafter,
WIFE waives all right, title and interest in and to any retirement benefits owned by HUSBAND.
13. PERSONAL SERVICE LOAN: The parties are obligated on a personal service
loan through Members 1 st Federal Credit Union. HUSBAND shall be solely responsible for the
balance on this account and shall indemnify WIFE and hold her harmless as to same. No further
advances shall be made on this loan and when the balance on the loan is zero dollars ($0.00), the
loan account shall be closed.
14. PERSONAL PROPERTY: The parties have divided between them, to their mutual
satisfaction, all personal effects, household furniture and furnishings, and all other articles of
personal property which have heretofore been used by them in common, and neither party will make
any claim to any such items which are now in the possession or under the control of the other.
The family dog shall belong to HUSBAND and WIFE waives all right, title and interest in
and to the dog.
15. BANK ACCOUNTS: The parties are the owners of two bank accounts through
Members 1 s' Federal Credit Union: Account Ending in 4375 Share 00 and Account Ending in 4375
Share 11. The account had a date of separation value of approximately $1,100.00. Because these
accounts are affiliated with the Personal Service Loan referenced in Paragraph 13 herein,
HUSBAND shall retain these accounts as his sole and separate property. However, upon execution
of this Agreement, HUSBAND shall provide to WIFE a cashier's check in the amount of $1,100.00
for her interest in said accounts.
After HUSBAND's payment to WIFE, it is acknowledged that the parties will have divided
any accounts previously held by them in either their individual or joint names to their mutual
satisfaction and agree that each shall become sole owner of their respective accounts in his or her
possession and they each hereby waive any interest in, or claim to, any funds held by the other in any
accounts.
16. MOTOR VEHICLES: WIFE shall retain the Ford Escape as her sole and separate
property. HUSBAND shall retain the Mazda 6 as his sole and separate property. Each party is
responsible for the vehicle distributed to him or her, including the payment of any lien, insurance,
registration and maintenance and agrees to indemnify and hold harmless the other party for failure to
make payments thereon. Further each party agrees to execute any and all documentation necessary to
give effect to this paragraph within ten (10) days of a request of the other party.
17. ALIMONY: HUSBAND shall pay to WIFE as Alimony the sum of $500.00 per
month for 72 consecutive months. Said payments shall commence the month immediately following
the entry of the Divorce Decree. The Alimony obligation of HUSBAND to WIFE shall terminate
upon the death of either party, the remarriage of WIFE or the cohabitation of WIFE with an intimate
male partner. The parties agree the term "cohabitation" shall be defined as sharing the same
residence with an intimate partner, other than a member of WIFE's family within the degrees of
consanguinity as defined by 23 Pa.C.S.A. § 1304(e), for a period of thirty (30) days, which days shall
not be consecutive.
Upon the entry of the final Decree in Divorce,-the current order for Alimony Pendente Lite
shall cease and the alimony payment shall commence immediately thereafter. In consideration ofthe
mutual promises and undertakings contained within this Agreement, WIFE waives any claim she
may have for unreimbursed medical expenses incurred on or before the date of execution of this
Agreement.
HUSBAND shall insure WIFE's Alimony payment either through beneficiary designation on
a life insurance policy insuring his life or on his retirement benefits, at his election. Said coverage
shall be equal to the net present value of the remaining alimony payments due WIFE.
18. LIFE INSURANCE: WIFE shall retain as her sole and separate property the
Northwestern Mutual Life insurance policy ending in 9743. HUSBAND waives all right, title and
interest in and to said account and agrees to sign any and all documents necessary to give effect to
this paragraph upon request by WIFE.
The parties shall own and retain any other term life insurance policies insuring their own life
as their sole and separate property and, subject to the terms of this Agreement, shall have the
absolute right to select the beneficiary on any such policy.
19. BURIAL PLOTS: The parties own two burial plots which shall become the sole and
separate property of HUSBAND. WIFE shall sign any and all documentation necessary to give
effect to this provision within ten (10) days of a request by HUSBAND.
20. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and
enjoy, independently of any claim or right of the other, all items of property, be they real, personal or
mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or
her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or
she were unmarried.
21. INCOME TAX: The parties have heretofore filed joint Federal, State and/or local
income tax returns. Both parties agree that in the event any deficiency in Federal, State or local
income tax is proposed, or any assessment of any such tax is made against either of them, each will
indemnify and hold harmless the other from and against any loss or liability for any such tax
deficiency or assessment and any interest, penalty and expense incurred in connection therewith.
Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally
determined to be the cause of the misrepresentations or failures to disclose the nature and extent of
his or her separate income on the aforesaid joint returns.
22. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties
hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be
within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"),
specifically, the provisions of said Act pertaining to the transfers of property between spouses and
former spouses. The parties agree to sign and cause to be filed any elections or other documents
required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this
Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions
of said Act.
23. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise
specifically provided herein, this Agreement shall continue in full force and effect after such time as
a final Decree in Divorce may be entered with respect to the parties.
24. BREACH: If either party breaches any provision of this Agreement, the other party
shall have the right, at his or her election to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the party breaching this contract shall be
responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their
rights under this Agreement.
25. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may
dispose of his or her property in any way, and each party hereby waives and relinquishes any and all
rights he or she shall now have or hereafter acquire, under the present and future laws of any
jurisdiction, to share in the property or the estate of the other as a result of the marital relationship,
including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take
in intestacy, right to take against the Will of the other, and the right to act as administrator or
executor of the other's estate, and each will, at the request of the other, execute, acknowledge and
deliver any and all instruments which may be necessary or advisable to carry into effect this mutual
waiver and relinquishment of such interests, rights and claims.
26. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and
shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators,
successors and assigns.
• t
28. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at
the request of the other, execute, acknowledge and deliver to the other any and all further instruments
that may be reasonably required to give full force and effect to the provisions of this Agreement.
29. VOID CLAUSES: If any term, condition, clause or provision of this Agreement
shall be determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement and in all other respects this
Agreement shall be valid and continue in full force, effect and operation.
30. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and
agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate
and independent Agreement.
31. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the
completeness and substantial accuracy of the financial disclosure ofthe other as an inducement to the
execution of this Agreement. The parties acknowledge that there has been no formal discovery
conducted in their pending divorce action and that neither party has filed an inventory and
appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding
the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the
Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any
time prior to the date of execution of this Agreement that was not disclosed to the other party or his
or her counsel prior to the date of the within Agreement is expressly reserved. In the event that
either party, at anytime hereafter, discovers such an undisclosed asset, the party shall have the right
to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said
asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses
incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the
foregoing this Agreement shall in all other respects remain in full force and effect.
32. MODIFICATION AND WAIVER: A modification or waiver of any of the
provisions of this Agreement shall be effective only if made in writing and executed with the same
formality as this Agreement. The failure of either party to insist upon strict performance of any of
the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults ofthe
same or similar nature.
33. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for
convenience only. They shall have no affect whatsoever in determining the rights or obligations of
the parties.
34. APPLICABLE LAW: This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any
amendments thereto.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and
y r s above written
S:
????LC
4TQ
tte /J? C'. C v Z? CYNTHIA L. FILIPPELLI
&d" 44-?
Wit ss ANTHONY J. FILIPPELLI
COMMONWEALTH OF PENNSYLVANIA
. SS.
COUNTY OF ?G-`?? ?'?
On this, '.-? U day of a n k" 2011, before me a Notary Public, personally
appeared CYNTHIA L. FILIPPELLI, know /o me to be the person whose name is subscribed to
the within Marital Settlement Agreement and acknowledged that she executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARIAL SEAL
DOMINIC M FORE
Notary Public
SUSQUEHANNA TWP, DAUPHIN COLINTV f
My Cormniaaion E*m Jun
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
Notary Public
. SS.
On this, the L"day of Nm", , 2011, before me a Notary Public, personally
appeared ANTHONY J. FILIPPELLI, known to e to be the person whose name is subscribed to
the within Marital Settlement Agreement and a owledged that he executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARIAL SEAL
SHARON A SHEAFFER
Notary Public
HAMPDEN TWP, CUMBERLAND COUNTY
My Commission Expires Fab 15. 2012
ry Pub is
: IN THE COURT OF COMMON PLEAS OF
CYNTHIA L. FILIPPELLI : CUMBERLAND COUNTY, PENNSYLVANIA
V.
ANTHONY J. FILIPPELLI :
NO. 09-5746
DIVORCE DECREE
AND NOW, E04?-Up ?a it is ordered and decreed that
CYNTHIA L. FILIPPELLI
ANTHONY J. FILIPPELLI
bonds of matrimony.
plaintiff, and
defendant, are divorced from the
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
By tt Court,
Attest: J.
Prothonotary
aS // C r'? mom' c?
CYNTHIA L. FILLIPELLI, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - DIVORCE
NO. 09-5746 CIVIL TERM
ANTHONY J. FILLIPELLI, IN DIVORCE - -i=
Defendant/Respondent PACSES CASE: 702111172 M -o!r
ORDER OF COURT = ===
AND NOW to wit, this 1 st day of March, 2011, it is hereby Ordered that the Order
for Alimony Pendente Lite is terminated, effective February 23, 2011 pursuant to the parties
Divorce Decree and Marital Settlement Agreement of January 31, 2011.
The Alimony Pendente Lite account is closed with a credit of -$249.04.
This Order shall become final twenty (20) days after the mailing of the notices of the
entry of the Order to the parties unless either party files a written demand with the Office of the
Prothonotary for a hearing de novo before the Court.
DRO: R.J. Shadday
xc: Petitioner
Respondent
Timothy J. Colfgan, Esq
Frank C. Sluzis, Esq.
Form OE-001
Service Type: M Worker: 21005
BY THE COURT:
?h
ORDERMOTICE TO WITHHOLD INCOME FOR SUPPORT 09 09--575746 CIVIL
702111172
State: Commonwealth of Pennsylvania O Original Order/Notice
Co./City/Dist. of: CUMBERLAND 0 Amended Order/Notice
Date of Order/Notice: 03/01/11 Q Terminate Order/Notice
Case Number (See Addendum or case summary) O One-Time Lump Sum/Notice
EmployerNVithholder's Federal EIN Number
YTI CAREER INSTITUTE
1405 WILLIAMS RD
YORK PA 17402-9012
RE: FILIPPELLI, ANTHONY J.
Employee/Obligor's Name (Last, First, MI)
198-44-7750
Employee/Obligor's Social Security Number
1393102185
Employee/Obligor's ase enti ier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION. This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts
from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your
State.
$ 0.00 per month in current child support
$ 0.00 per month in past-due child support
$ 0.00 per month in current medical support
$ 0.00 per month in past-due medical support
$ 0.00 per month in current spousal support
$ 0.00 per month in past-due spousal support
$ 0.00 per month for genetic test costs
$ 0.00 per month in other (specify)
$ one-time lump sum payment
for a total of $
Arrears 12 weeks or greater?
0.00 per month to be forwarded to payee below.
;es •
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period
(twice a month)
$ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period.
REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10)
working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of
withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work
state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of
the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding,
the following information is needed (See #9 on page 2).
Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an
employer is ordered to withhold income from more than one employee and employs 15 or more persons, or
if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the
Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at
1-877-676-9580 for instructions. PA FIPS CODE 42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFEND T'S NAME AND THE PACSES MEMBER /D
(shown above as the Employee?Obligs Cpse Identife R SO?L SECURITY NUMBER IN ORDER TO BE
PROCESSED. DO NOT SEND CASH MAIL. /!?
BY THE COURT: 4 / tl (_? , W a.; C L, 3 2011
r--
CD
" J. Wesley Q ?f,
OMB No.: 0970-0154 Form EN-028
Service Type M Worker ID $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
F? If checked you are required to provide a copy of this form to your employee. If your employee works in a state that is
different from the state that issued this order, a copy must be provided to your employee even if the box is not checked.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the
requesting agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment
to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to
each employee/obligor.
3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The
paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of
the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement
the withholding order and forward the support payments.
4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support
against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you
must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the
greatest extent possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for
you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2516949830
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: Q THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: Q
EMPLOYEE'S/OBLIGOR'S NAME: FILIPPELLI, ANTHONY J.
EMPLOYEE'S CASE IDENTIFIER: 1393102185 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
LAST KNOWN PHONE NUMBER:
NEW EMPLOYER'S NAME/ADDRESS:
FINAL PAYMENT AMOUNT:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should
have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding.
Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she
is employed governs.
9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit
Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place
of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes,
Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the
obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, that
50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State,
you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section.
Arrears greater than 12 weeks: If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the
employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts
allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser
of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of
the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for
health care premiums in determining disposable income and applying appropriate withholding limits.
10. Additional info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the
state that issued this order with respect to these items.
11. Send Termination Notice and
other correspondence to:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
Service Type M
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by internet www.childsupport.state.pa.us
OMB No.: 0970-0154
Page 2 of 2
Form EN-028
Worker ID $IATT
ADDENDUM
Summary of Cases on Attachment
DefendanUObiigor: FILIPPELLI, ANTHONY J.
PACSES Case Number 702111172
Plaintiff Name
CYNTHIA FILIPPELLI
Docket Attachment Amount
09-5746 CIVIL $ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACKS Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
Addendum Form EN-028
Service Type M OMB No.: 0970-0154 Worker ID $IATT