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HomeMy WebLinkAbout96-05931 ,) E. ,~ :J !,L', , . . . LAW O....ICE. SNELBAKER 8r BRENNEMAN A VASILIRI S. PHILLIPY, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96- j''I3/ CIVIL TERM : CIVIL ACTION - LAW JURY TRIAL DEMANDED v. WILLIAM T. PHILLIPY, IV, Defendant COMPLAINT AND NOW comes the Plaintiff, Vasiliki S, Phillipy, by her attorneys, Snelbaker & Brenneman, P.C., and avers the following cause of action: 1. Plaintiff is VASILIRI S. PHILLIPY, an adult individual, who resides at 21 Chestnut street in the Borough of Mount Holly springs, Cumberland county, Pennsylvania. 2. Defendant is WILLIAM T. PHILLIPY, IV, an adult individual, who resides at 211 Shatto Drive, Carlisle (North Middleton Township), Cumberland county, Pennsylvania. 3. On March 12, 1996, the parties (while still married to each other) entered into a Separation and Property Settlement Agreement lhereinafter called "Agreement"), a true copy of which is attached hereto marked "Exhibit A" and incorporated herein by reference thereto. 4. The Agreement was prepared by Bradley S. Griffie, Esquire, in his capacity as attorney for Defendant. 5. The Agreement provides, inter alia, that a certain alimony pendente lite Order la true copy of which is attached hereto marked "Exhibit B") should continue in effect until August 31, 1996, which requirement complies with the parties' negotiated . ~ resolution of the issue and to which Defendant agreed. (See paragraph 4.2 of Agreement.) 6. Defendant t~rminated and ceased making payments under the alimony pendente lite Order as of June 3C, 1996, unilaterally and without Plaintiff's consent. 7. As the result of Defendant's refusal to pay the alimony pendente lite payments between June 30 and August 31, 1996, a total of $800 is due and owing to Plaintiff. 8. Despite Plaintiff's demand for payment of said $800, Defendant continues to refuse to pay said amount. 9. Pursuant to paragraph 6,14 of the Agreement, Plaintiff is entitled to recover her costs, expenses and attorney's fees in this action, the amounts of which will be computed to and provided at the trial of this case. WHEREFORE, Plaintiff requests your Honorable Court to enter judgment in favor of Plaintiff and against Defendant in the amount of $800 together with interest thereon from July 1, 1996, plus Plaintiff's costs, expenses and attorney's feas incurred in this action, which amount is within the initial compulsory arbitration limits of the Local Rules of this Court. LAW O"ICI:' SNELBAKER a BRENNEMAN SNELBAK R & BREKNEMAN, P.C. () By .j.),~ Ke th O. Brenneman Pa. sup. ct. I.D. #47077 44 West Main street Mechanicsburg, PA 17055-0318 Attorneys for Plaintiff -2- " . . .' ~ VERIFICATION I, Vasiliki s. Phillipy, ~laintiff herein, hereby verify that the facts set forth herein are true and correct to the best ot my knowledqe, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. S 4904 relatinq to unsworn statements to authorities. '} ()~tj. J<:-t--fC ~. Vasilik' S, Phi@y Dated: October 28, 1996 LAw O'''Ct:8 SNILBAKER a BRENNIMAN . . . . . " . SEPARATION AND PROPERTY SETTT.Tl'MJ'NT AGREEMENT THIS AGREEMENT, made this I a 711 day ot m If lie. tI and between Vaei1iki S. Phillipy, ot 21 cheetnut Holly Springe, cumberland County, Penneylvania, tiret hereinatter reterred to ae RWiteR, , 1996, Street, by Nt. part, AND Willi.. T. Phillipy, IV, ot 211 Shatto cumberland County, pannsyl vania, party ot bereinatter reterred to aa RHusband", WITNESSETH I WHEREAS, Husband and Wite were married on September 15, 1985, in New York City, New York. WHEREAS, Hueband and Wite are reeidente ot the Co..o~vealth ot Pennsylvania and bave been so tor at leaet the past six lIIonths; Drive, Carliele, the eecond part, WHEREAS, certain ditterences have arisen between the parties hereto which have made th8111 desirous ot living .eparate and apart trom one another; and WHEREAS, Husband and Wite desire to settle and determine certain ot their marital rights and obligations, and .ake an equitable distribution ut their marital property, determine their rights to alimony and support and any other matters which ..y be considered under the Domestic Relations Code, and WHEREAS, it is the intention and purpose ot this Aqre8lllent to set torth the respective rights and duties ot the while they continue to live apart tro. each other and to all tinancial and property rights between th.., and parties settle 1 EXHIBIT A WHEREAS, the part i.. hereto have mutually .nt.red into an .gr....nt for the divi.ion of ~~eir jointly owned ....t., the provilion. for the liabiliti.. th.y ow., and proviaion. for the r..olution of th.ir mutual diff.r.nc.., after both have had full .nd ..pl. opportunity to eon.ult with .ttorn.y. of th.ir r..p.ctiv. choie., and the part i.. now wi.h to have that agr....nt r.duc.d to writing. NOW, THERlFORB, the partie. h.r.to in con.ideration of the mutually made and to be kept promi.e. .et forth bereinafter and for other good and valuable con.ideration, and intending to be legally bound and to legally bind their heirs, .ucces.or., a..ign., and personal repres.ntativss, do hereby promi.e and aqree a. follow.: covenant, ARTICt.E I S2PARATYON 1.:&. It shall be lawful fer Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they sball respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cobabit or dwell with him or her by any legal or other proceeding.. Tbe foregoing provisions shall not be taken to be an adlli..ion on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. 2 EXHIBIT A , , ARTICLE II DIVORCE 2.1 This Agr..m.nt is not pr.dicated on divorc.. It 18 sp.citically und.rstood and agreed by and betw..n the parties hereto and each ot the aaid parties does hereby warrant and r.pres.nt to the other that the execution and deliv.ry ot this Agr...ent ia not predicat.d upon nor made subject to any agreement tor institution, prosecution, detense, or tor the non- prosecution or n~n-deren8e ot any action tor divorc., provided, however, that nothing contained in this Agreement shall prevent or preclude either ot the parties hereto trom commencing, instituting or prosecuting any action or actions tor divorce, either absolute or otherwise, upon just, legal and proper grounds, not to prevent either party tro. de tending any such action which has been, may, or shall be institut.d by the other party, or trom making any just or proper de tense thereto. It is warranted, covenanted, and represented by Husband and Wire, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made tor the specific purpose ot inducing Husband and Wife to &Xecute the Agreement. 10,. Husband and wife each knowingly and understandingly hereby waive any. and all possible claims that this Aqreement is, tor any reason, illeqal, or tor any reason whatsoever ot public policy, unentorceable in whole or in part. Husband and Wife do 3 EXIIIDIT II . , each hereby warrant, covenant and aqree that, in any po.sible event, he and .he are and .hall torever be e.topped trom a..ertinq any illeqality or unentorceability as to all or any part ot this Aqreement. 2.2 It i. turther apecitically underatood nnd aqreed that the provision. ot thia Aqreement relatinq to the eq"..Ii tal)le diatribution ot property ot the partie. are accepted by each party a. a tinal .ettlement tor all purpo.e. what.oever. Should either ot the parties obtain a decr.e, judgment or order 0% aeparation or divorce in any other state, country, or juri.diction, each ot the parties to this Aqreement bereby con.ents and agree. that this Aqreement and all its covenant. .ball not be attected in any way by any such ..p4ration and divorce, and that nothinq in any .uch decree, judqaent, order ot turther modification or revision thereof shall alter, amend or vary any tem of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Aqreement shall survive and shall not be merqed into any decree, judqment or order of divorce or separation. ARTICLE III EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The partie. have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Domestic Relations Code, and takinq into account the 4 EXHIBIT A . -,_.......- -- . , tollowing cQnsiderations: the length ot the marriage, the prior marriage. ot the partie., the age, health, station, amount and source. of inco.e, vocational skills, employability, estate, liabilities, and needs for each ot the parties, the contribution ot on. p.rty to the education, tr.ining or incr....d .arninq power to the other party, the opportunity of each party tor tutur. .cquisition of capital assets and income, the sourc.s of incom. ot both parti.s, including but not limited to medical, retirement, insuranc. or other benefit., the contribution of dis.ipation of each party in the acqui.ition, pre.ervation, deprsciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property ..t .part to each party, the standard of livinq of the parties .stabliahecl during their _rriaqe, the economic cirCUJUltance. of ,. I' '4 ~ Gach party, inclUding federal, state and local tax ramifications, at the time ot the divi.ion ot the property i. to becOll8 eft.ctive, and whether the parties will be .erving a. the custodian of any dependent minor children. 3.2 The division ot existing _rital property is not intended by the partie. to constitute in any way a sale or 8Xchang~ of assets and the division i. being effected without the introduction of outside funds or other property not constitutinq _rital property. The division of property under thi8 Agr.ement shall be in full satisfaction of all rights of equitable distribution of the partie.. !l EXIfInI'l' A 3.3 Personal Prooe~v. Within PIFTEEN (15) day. of ex.cution of this Agr..m.nt by the parti.s, Husband shall provide Wife with h.r r.cord albums that have been r.tain.d by Husband trom the parti.s' torm.r aarital r.sidenc. and TWO (2) vid.o tape. of tamily activiti.. which have been r.tain.d by Husband. In the .v.nt the parti.s .ncountar difficulty in actually conv.ying th... few itemo ot per.onal prope~y betw..n th....lv.., th.y aay u.. the a..istanc. ot th.ir coun..l of r.cord to s.. that th.s. it..s are .0 transterr.d. Exc.pt for this specitic transfer of personal prop.rty and provisions made her.inaft.r for the tran.f.r of ownership of a c.rtain 1967 CAdillac coupe de Ville, the partie. acknowledge that they have divided their personal property to their mutual satistaction. Th. parties turther acknowledge that they have the personal prope~y in their pO.Re..ion that they wish to have and neither will make any claim whatsoever against the other party for any other it..s ot personal property in that other party'. po.....ion. 3.4 Lite Insurance. Each party aqrees that the other party .hall have sol. ownership ot any life insuranc. policies owned by the oth.r party. Each party .hall have the right to borrow against, ca.h in policies, change b.neficiaries and exerci.e any other incidents of own.rship of the r..pectiv. policies fr.. of any right Or claim by the other party. Each pa~y agr.e. to siqn 6 EXHIBIT A any documents necessary to waive, relinquish rights in such pOlicies to the respective owning such policies. or transter any parties presently J.I Subseauentlv Acauired Proaertv. Husband and Wite agree to waive and relinquish any and all right that he or .he may now have or hereatter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wire specirically agree to waive and relinquish any right in such property that may arise as a result or the marriage relationship. J.' Real Estate. The parties acknowledge that they presently retain an interest, either jointly or individually, in three parcels or real estate located in cumberland County. Tbe rOllowing parcels or real estate are owned jointly by the parties: 510-512 North Hanover Street, Carlisle, cumberland County, Pennsylvania; and 246 East North street, carlisle, cumberland County, Pennsylvania. Husband owns the property located at 509 North Hanover street, carlisle, cumberland county, Pennsylvania, individually. Wite hereby waives, relinquishes and transrers any and all right, title and interest that she has, in her own right or by virtue or her marriage to Husband, in the arorementioned parcels or real estate. wire shall execute a special warranty, ree simple,deed conveying all or her right, title and interest in the . ' aroresaid properties to Husband or any other third party or Husband's choosing contemporaneously with her execution or this 7 EXIII13IT ^ ., -....- ." .- ,. Agreement. Husband .hall a..ume .ole and exclusive re.pon.ibility tor repayment at the partie.' various mortgage. due and owing on the above three described propertie.. More particularly, there remains an uutstanding mortgage. obligation due and owing on 509 North Hanover street to York rederal saving. , Loan As.ociation and a .econd mortgage due and owing to rirst Union Mortgage corporation, there exists a mortgage due and owing to Cataret saving. Association relative to the property at 510- 512 North Hanover street, and there exist. an obliqation due and owing to Harris Savings Association tor the property located at 246 East North street. Husband shall assume sole and exclusive responsibility tor the repaY1llent ot the parties' mortqaqe due and owing to the Gove named mortgage companie., banks or other tinancial institutions as indicated. Further, in the event there are other encumbrance., lien. or jud9lllents of any nature whatsoever due and owing on the aforementioned property, Husband shall assume sole and exclusive responsibility tor the repayment ot those encumbrance., liens or jud9lllents. Husband will indemnity wite and hold her harale.. from and against any and all of the aforementioned mortgages a. well a. any other encumbrance., lien. or jud9lllents a. indicated herein. In the event there are any such additional encumbrance. and with respect to the specificallY named mortgage., Husband .hall indemnity Wife and hold her harmle.s, .aving her from eny and all collection activity of eny nature what.oever, including deaand. for payment or litigation. 8 A ., -.......... - Wife acknowledges that she and Husband have executed certain Installment Sale. Agreements for the sale of the properties located at 510-512 North Hanover street, carlisle, Pennsylvania, and 246 East North street, Carlisle, Penneylvania, to a ~lird party purchaser. Wife will make'no claim of any nature relative to a legal or equitable interest in these Installment Sales Agreement, nor any payments received therefrom. For additional terma,~ aee Addendum attached hereto and incorporated herein by reference thereto. 3.7 ~ Pension. Retirement. Profit-Sharina. Wife agrees to waive, transfer or relinquish any and all of her right, title and interest she has or may have in her individual capacity or as Husband's Wife in any and all pension, retirement, profit sharing, stock options or similar accounts with Husband's employer or which Husband has secured independently. These include, but are not limited to, any interest in the Pennsylvania state Employees Retirement system aQcount under Husband's name, an IDS Financial Services retirement account, a deferred compensation account through Husband's employment with the commonwealth of pennsylvania, and any and all similar accounts of any nature. Husband agrees to waive, relinquish and transfer any and all of hi. right, title and interest he has or may have in his individual capacity or as Wife's Husband in any and all pension, retirement, profit sharing, stock options, thrift savings or similar accounts with Wife's employer or which Wife has secured independently. 9 EXHIBIT A 3.' Vehicles. The parties aqree that they shall retain sole and exclu.ive owner.hip and po..e..ion or the v.hicle. pr..ently in their name. In the event these vehicles require the execution or documents to transrer or relinquish the other party'. interest in the vehicle., they will execute any and all nece..ary document. to so transrer their interest within FIFTEEN (15) days or b.inq requested to do so by the respective party. However, it i. und.rstood that the parti..' 1967 Cadillac Coup. d. Vill., previously titled in the nam.s or the partie. individually or jointly, and now titled in the name or Patricia Morrocco, .hall be conveyed to wire. Husband hereby waives, r.linquishe. and transr.rs any and allot his riqht, title and interest in the arorementioned Vehicle. The ownership, possession and title or this vehicle sball be transterred to Wit. within PIFTEEN (15) days or the date ot this Aqr...ent by the parties. The parties acknovledqe that Ms. Morrocco has executed the title to said vehicle and the Motor Vehicle Sales Tax rorm and that these docum.nts are in the possession ot counsel tor Husband. These title documents shall be exchanqed tor the deeds reterenced in paraqraph 3.6 above. Husband .ball bear the expense a.sociated with conveyinq this vehicle to Wite, includinq .ale.tax, title tran.r.r re., coet or an antique lic.n.. or r.qi.tration or the co.t ot transr.r or .uch. Husband chall me.t Wire at a mutually aqr..d upon time at Soll.nb.rq.r. He...nq.r s.rvic. tor purpose. or payinq the costs or transter d.scrib.d h.r.in.ÿ 10 EXHIBIT ^ In the event there are any encumbrance. ot any nature what.o.ver on the vehicle. that are in the parti..' po.....ion in which the parties are retain.d ae desoribed h.r.in, the party retaininq the vehicle shall be responsible tor any and all tinancial obliqations ot any nature whatso.ver .ncumberinq the atoresaid vehicle. It is acknowledqed that the 1967 Cadillac has no encumbrance upon its title and shall be so conveyed to Wite. 3.t Intanaible Personal ProDerty. Wite waives, relinquishes and transters any and all riqht, title und interest she has in any tinancial assets maintained by Hu.band or.by the partie. with IDS pinancial Services Incorporated. Husband aqrees to waive any and all riqht, title and interest he has in any accounts maintained in Wit.'. name alone, includinq, but not limited t.o, the checkinq account maintained by Wite at Farmers Trust company. Wit. aqre.. to waive any and all riqht, title and intere.t ehe has in any account. maintained in Hu.band'. name alone, includinq, but not limited to, the checkinq account maintained by Husband at York Federal savinqs' Loan Association and the checkinq or savinqs account maintained by Husband at the Pennsylvania Stat. Employ.e. Cr.dit Union. The parties, throuqb their leqal couns.l, are owners ot a jointly held interest bearinq e.crow account with PinancJ.al Trust corporation docketed to account '001261371. A. ot February 27, 1996, the balance in this account i. $42,897.11. Within TEN (10) days ot execution ot this Aqr....nt by the parties, counsel tor the parties .hall meet at the main branch at the Financial Trust 11 EXHIBIT A Corporation located at 1 West Hiqh Street, Carlisle, cumberland County, P.nn.ylvania, wh.r. th.y .hall execute two checks to clo.. this account. On. check .hall b. made payable to RBradley L. Gritti., Esquire, Attorn.y tor William T. Phillipy, tvR in the amount ot TEN TUOUSAND AND XX/100 ($10,000.00) DOLLARS. Th. partie. .hall then .x.cut. a .econd ch.ck mad. payable to RRichard C. Snelbaker, Esquir., Attorney tor Vasiliki PhillipyR, wbich check shall be executed by both counsel and retained by co~.l tor Wite. coun.el tor Wite .hall then contirm wh.n the $10,000.00 ch.ck payable to Husband's counsel has b.en proce...d and d.duct.d trom this account. Wite's coun..l i. then authoriz.d to proc..s this second check, by clo.inq the account with the .ntire balance att.r the $10,000.00 ch.ck baa b..n proce..ed, b.inq paid over to coun.el tor wite, tor di.tribution pursuant to wite'. in.truction.. Hu.band shall make no claia aqain.t this account beyond the $10,000.00 di.bur.ement provided tor herein. Wite .hall make no claim beyond receipt ot the balance ot the account att.r Hu.band's $10,000.00 ch.ck has b..n proc....d. ARTICLE IV ALYMONY. ALYMONY PZHDImTZ LITE. SPOUSAL SUPPORT AND MAINTENANCE 4.1 At the time ot .x.cution ot this Aqreem.nt th.re exiet. a child~ .upport ord.r throuqh the cumb.rland County Dom..tic Relation. ottice tor the payment ot child support trom Husband to wite. That Ord.r .hall not be attected by this Aqreement. The 12 parti.. further agree that any modification of the support Order in any manner ehall be proce...d through the CUmberland County COme.tic Relation. Office in the Court of Common Plea. of CUmb.rland county. 4.2 The parties acknowledge that Husband i. pre.ently under an Order to pay alimony pendente lite through the CUmberland County COme.tic R.lations Office. That alimony pendente lite Ord.r shall remain with Husband making payment. on that Order through the lUIIOunts due and owing for the week ending August 31, 1996. After the parties have concluded their divorce through the signing of a Decr.e by a judge of the Court of Common Pl.a. of cumberland County, this alimony pendente lite Order .hall be conv.rtlld to an alillony Order and continu. a. .uch through Jun. 30, 1996. Thi. alimony p.ndente lite and alimony Order .hall be non-modifiable with respect to any provision., inclUding the uount, the length of the payments, the manner of payment and any other asp.cts of the pr...nt Order. Wife agrees that she will execute any and all nece.sary docum.nt. to confirm with the COm~.tic Relations Oft ice ot CUmberland County that this alimony p.nd.nt. lit. or ali~ony Order .hall cease in its entirety ettective June 30, 1996. 4.3 Exc.pt for the provisions set torth above, the partie. h.rein acknowl.dg. th.y have re.pectively secured and maintain.d substantial and adequate tunds with which to provide themselves sutticient resources to provide tor their comtort, maintenance, 13 EXHIBIT A . . and .upport in the .tation Qt lite in which they are accustomed. Husband and Wite do hereby waive, release and give up any rights they may respectively have against the other tor alimony, support or separate maintenance. 4.4 Except as otherwise provided tor herein, Husband and Wite specitically waive, release, and give up any rights tor alimony, alimony pendente lite and spousal .upport pursuant to Chapter 5 at the Domestic Relations Code. ARTICLE V DEBTS OF THE PARTIES 5.1 The partie. acknowledge that a certain debt was incurred by th_ through the sale at real e.tate toraerly jointly owned by the partie., but sold to a third party purchaser tor value in 1994. As a result ot that sale, the partie. incurred certain state, tederal and local tax liabilities, some at which have been paid and some at which remain outstanding. In particular, a tederal tax lien is presently registered against the parties at the cumberland County Prothonotary's ottice retlecting the balance due on the tederal income tax account as a result at the sale ot the atoresaid property located at 33-35 North Hanover Street, Carlisle, cumberland county, Pennsylvania. Husband shall accept sole and exclusive responsibility tor payment at any and all tax liability resultinq tram the sale at the property located at 33-35 North Hanover street, Carlisle, CUmberland county, Pennsylvania, including local and state taxes, 14 EXHIBIT A ae well ae rederal taxes ae retlected by the tederal tax lien tiled against the parties as reterenced above. within SIXTY (60) days at execution ot this Agreement, Husband shall make payment in tull to the Internal Revenue service tor any and all tar-, penalty, interest and cost, due and owing to the Internal Revenue Service as a result ot the sale ot the property at 33-35 North Hanover Street, CarliSle, pennsylvania, and as a result ot the tiling at the tederal tax lien ae reterenced above. Husband shall indemnity Wite and hold her harmless trom and against any and all demands tor payment or collection activity ot any nature whatsoever relative to the state, tederal or local taxes as a result at the parties' sale at the property at 33-35 North Hanover street, Carlisle, cumberland county, Penn.ylvania. Further, the partie. acknowledge that there are or were various . , tax lien. tiled against Wite, individually and in her capacity a. a .hare-holder in Holly Horizons, Inc. Wite agrees that .be shall be solely and exclusively responsible tor any and all encumbrances ot any nature recorded against her individually or against her in her capacity as a share-holder or otticer ot Holly Horizons, Inc., inclUding, but not limited to, any tederal tax liens, state tax liens, local tax liens, liens tiled by the Bureau ot Account Settlements or similar encumbrances docketed at the cumberland County Prothonotary's otfice or the cumberland County Recorder ot needs ottice against Wite. Wife sball indemnify Husband and hold him barmless from and against any and all claims of any nature whatsoever relative to requests for payment or attempts to collect on any such debts. 15 A 5.2 Except tor the tax liability reterenced above in paraqraph 5.1, each party represents to the other that there are no major outstandinq ob1iqations at the parti.s; that sinca the s.paration n.ith.r party has contracted tor any debts tor which the other will be responsible and .ach party indemnities and holds harml.ss the oth.r tor all obliqations separat.ly incurr.d or assumed und.r this Aqr.ew.nt. ARTICLE VI MISCET.T .AN"P.OUS PROVISIONS ..2. Advic. at Counsel. Th. provisions ot this Aqr....nt and th.ir l.gal .tt.ct have b..n tully explained to the parti.s by th.ir r.sp.ctiv. counsel, b.inq Bradl.y L. Gritti., Zsquir., tor Husband and Richard c. Sn.lbaker, Esquir., tor wit.. Th. parties acknowledge that they have r.ceived ind.p.ndent legal advice troa couns.l at their own s.l.ction, that th.y tully und.rstand the tacts and have been tully intorm.d as to th.ir l.qal riqhts and obliqation or oth.rwise understand those l.qal riqhts and Obligations. They acknowledqe and acc.pt that this Agr....nt is, in the circumstances, tair and equitable, that it is being .ntered into tre.ly and voluntarily, atter havinq received sucb advic. and with such knowledqe that execution ot this Aqre_ent is not the r.sult ot any duress or undue intluence and ~at it 1s not the result ot any collusion or improp.r or illegal aqre_ent or agre..ents. 16 EXHIBIT A '.2 Counsel Fees. Each party agrees to be responsible tor his or her own legal tees and expenses, and each party hereby agrees to waive any claim tor alimony, alimony pendente lite, counsel tees, expenses or costs, except as previously provided tor her.in. '.3 Child-care/Kinderaarten. Husband and Wite confirm that they wish to have th.ir son, William T. Phillipy, V, attend kinderqart.n at th. Carlisle YMCA b.ginning with this 1996-1997 school year. The child is presently enrolled in child-care at th. Carlisl. YMCA. Bft.ctive with the data of ex.cution of this Agr....nt by Wite, Husband shall accept sole and exclusive re.po~ibility for payment of any and all cbi1d-car. costs for the child, including, but not limited to, costs associated with his betore-school car., his atter-school care, and bis kinderqarten education. Husband shall maintain sole responsibility tor payment of these tees through August 1997. The parties agree that the child's care at Carlisle YMCA shall continue without interruption and that the child shall begin kindergarten at the Carlisle YMCA wlless the parties mutually agree otherwise. '.4 Mutual Release. Husband and Wite each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate at such other, tor all times to come and for all purposes whatsoever, ot and trom any and all right, title and 17 EXHIBIT A 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 wh.r.so.v.r situate, which he or she now has or at any time hereatter may have against such othar, the estate of such other, or any part thereof, whether arising out of any former acts, contract., .ngagements, or liabilities of such other as by way of dow.r or curt.sy, or claim. in the nature of dower or curt.sy or widow'. or widow.r'. rights, family .xemption, or similar allowance, or under the inte.tate law., or the right to take aqain.t the spous.'s Will, or the right to tr.at a lifetime conveyance by the other as testamentary, or all oth.r rights of a .urviving .pou.. to particip.t. in . d.c....d .pous.'s ..t.t., wbeth.r arisinq under the law. of (a) P.nn.ylvania, (b) any .tat., commonwealth or territory of the Unitec1 stat.s, or (c) any other country, or .ny rights which either party may bave or at any time h.r.after have for past, pres.nt, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or oth.rwise, ~cept and only .xcept, all rights and agreements and obligations of whatsoever natura arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to e.ch other by execution - of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real, per.onal, or mixed, which the other now owns or may hereafter 18 EXHIBIT A acquire, except and only except, all rights and agreement. and obligation. ot what.o.v.r nature ari.ing or which may ari.. undez' this Agre.ment or tor the breach ot any th.reot. ..5 Warrantie.. Each party r.pr...nt. that th.y have not h.r.totor. incurr.d or contract.d tor any debt or liability or obligation tor which the ..tat. ot the oth.r party may b. r..pon.ibl. or liable, .xc.pt as may be provid.d tor in this Aqr....nt. Each party agr.e. to ind.mnity or hold the oth.r party harml... trom and again.t any and all .uch d.bt., liabilities or obligations ot .v.ry ot the., including tho.e tor n.c...itie., .xc.pt tor the obligations arising out ot this Aqr....nt. Husband and Wit. .ach warrant, covenant, repre.ent and agree that .ach will, now and at all tiaes bereatter, save barale.. and keep the other indeanitied trom all debts, oharge., and liabilities incurred by the other atter the execution date ot this Agreement, except as is otherwise specitically provided tor by the terms ot this Agreement and that neither at them hereatter incur any liability whatsoever tor which the estate ot the other may be liabl.. ... No waiv.r or moditication ot any ot the terms ot this Agreement shall be valid unless in writing and sign.d by both parties and no waiver ot any breach hereot or detault hereund.r .hall be d....d a waiver at any sub..quent detault ot the same or similar natur.. .' 19 EXHIBIT A . .., ...........- -- . " '.7 Husband and Wite covenant and agree that th.y will torthwith .xecute any and all written instruments, assignm.nts, r.l.as.., satistnction., d..ds, not.s or such oth.r writings as may b. n.c.ssary or desirable tor the proper impl...ntation ot this Agr.em.nt, and as th.ir r.sp.ctiv. couns.l shall mutually aqr.e should b. so ex.cut.d in ord.r to carry tully and effectiv.ly the teras of thi. A9r....nt. ,.. This A9r....nt shall be constru.d in accordanc. with the law. of the Commonw.alth of Pennsylvania which are in .ttect a. ot the date ot Gxecution ot this Agreement. ,.. This Aqre..ent shall b. binding and ahall inure ben.tit ot the parti.s hereto and their re.pective .xecutors, administrators, successors and assiqns. '.10 This Agreement constitutes the entire understanding ot the parties and supersedes any and all prior agreements and negotiations b.tween them. Ther. are no repres.ntations or warranties other than those expressly set torth herein. 1.11 to the heirs, Severabilitv. If any term, condition, clause, s.ction, or provision ot this A~reement shall be determined or declared to b. void or invalid in law or otherwise, then only that term, condition, claus., or provision shall be stricken trom this Agreem.nt, and in all other respects, this Agreement shall be 20 EXHIBIT A valid and continue in tull torce, ettect, and operation. Likewi.e, the tailure ot any party to meet hi. or her obliqation under anyone or more ot the articles and sections herein shall in no way void or alter the remaining obligations ot the parties. '.12 It is specifically understood and agreed that this Agreement constitutes an equitable distribution ot property, both real and personal, which was legally and bene~icial acquired by Husband and Wife, or either ot them, during the marriage ae contemplated by the Divorce Code of the Commonwealth of Pennsylvania. '.13 Disclosure. The parties warrant and represent that they have made a full disclosure ot all assets prior to the execution ot this Agreement or they have jointly waived their right to pursue an inveetigation relative to any other asset. or liabilities that they have jointly or individually beyond tho.e discussed and distributed pursuant to this Agreement. '.14 Enforceabilitv and Consideration. This Agreement shall survive any action tor divorce and decree ot divorce and shall forever be binding and conclusive on the parties, and any independent action may be brought, either at law or in equity, to entorce the terms ot the Agreement by either Husband or Wife until it shall have been fully satistied and performed. The consideration ~or this contract and agreement is the mutual benefits to be obtained by both ot the parties hereto and the covenants and agreements ot each ot the parties to the other. 21 EXHIBIT A ADDENDUM to SEPARATION AND PROPERTY SETTLEMENT AGREEMENT This Addendum being attached to the Separation and Property Settlement Agreement is intended to supplement and amend Section 3.6 hereinabove. 3.6 (Continued). Husband shall accept sole and exclusive responsibility for the reporting and payment of any and all tax liabilities resulting from t~e sale of the properties located at 510-512 North Hanover street, Carlisle, Pennsylvania and 246 East North Street, CarliSle, Pennsylvania, as his sole and separate property. Husband shall indemnify Wite and hold her harmless from and against any and all income tax liability claimed by any taxing jurisdiction because of gain or other reason arising from the sale of the properties identified in the preceding sentence. IN WITNESS WHEREOF, the parties have executed this Addendum this 12th day of March, 1996, intending to be legally bound hereby. g~:V 9. ~.,. ,,~ M~rfK4 Vasiliki S. Ph~PY ~~' ~ ." W lliam T. ~l (SEAL) (SEAL) 23 EXHIBIT A .. . , COMMONWEALTH or PENNSYLVANIA ) ) SS COUNTY OF CUMBERLAND ) On this the ,;.t:4 day of Yn~ , 199~, b.for. m., the undersiqned officer, personally appeared Vasiliki S. Phillipy, known to m. (or satisfactorily prov.n) to b. the p.rson whos. nam. is subscrib.d to the within Aqr....nt and acknowl.dq.d that sh. executed the sam. for the purposes ther.in contain.d. IN WITNESS WHEREOP, I hereunto set my hand and official s.al. NOlarlal Soal Patrlcla J. Thomson. Notary Public l.48c:hanlcsburg Bolo. Cumbe<tand CountY My Commlsalon Explr.. Dec. 31. , ll90 M...-. f'llrnr,Mne A'lOlXIaIIco oI_~'" COMMONWEALTH or PENNSYLVANIA ) ) SS ) day of rn~v' .~ COUNTY or ctJHBERLAND On this the I tlt:i.. , 1994, b.for. .., the und.rsiqned officer, personally app.ared William T. Phillipy, IV, known to me (or satisfactorily proven) to be the person who.e name is subscribed to the within Aqreement and acknow1.dq.d that he ax.cutGd the sam. for ~I. purpos.. therein contain.d. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Cy-j~u'aJ9. ~..._4~ Notarial Seal . Pol11elO J Thomson. Notary PUbliC' MecIlllnlcsburg Born. cumllOrlBnd C<>U~ My Comml$lllOn Explms DeC. 31. t99 tJ__.",,~~oINlJ1""" 21' EXHIBIT A W7LLIAM T. PHILLIPY, IV, Plaintitt IN THE COURT OF COMMON'PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2973 CIVIL 1990 IN DIVORCE DOMESTIC RELATIONS SECTION CIVIL ACTION - SUPPORTS 768 CIVIL 1991 V VASILIKI S. PHILLIPY, Detendant IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 15th day of July, 1992, at 4:35 p.m" atter hearing, on the motion tor interim reliet, it is ordered and directed that the plaintiff/respondent herein pay to the defendant/petitioner herein the sum of $100.00 per week as alimony pendente lite effective with the filing date of the within petition, to wit, June 9, 1992. The order to be enforced in accordance with the applicable provisions of the Divorce Code through the Domestic Relations Office at 768 civil 1991 or DR 19080. The balance of the request for interim relief is denied without prejudice to revive the matters therein contained. By the Court ....1 "'.1 Bradley L. Griffie, Esquire For the Plaintiff Richard Snelbaker, Esquire For the Defendant :bg EXHIBIT B co I (,; ~. I..'; lU' (.\. r ' '- , '00 ,j , (?~ ,_-:! L) ~!' L ; 'J C:~ ' I- I L 1.1- . . , - .j, J '-, " , ~ "I '- ,.. ..:J -, .~ ~-J ....[" .... (0 ~Q ).' ~ ;!.: J:.? ~f ...:.: -. ) ~-~~ ,. (") '1,:(!~ c' l.' I . _:.1:~ {Eh!' .... ,i-jU1 ..: ~'.! 0... f!..: -. II. F- :5 0 cr u VASJLIKI S. PHILLIPY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : No. 96.5931 CIVIL TERM vs. WILLIAM T. PHILLIPY, IV, : CIVIL ACTION. LAW Defendant: JURY TRIAL DEMANDED ANSWER 1. Admitted. 2. Admitted. 3. Admitted, 4. Admitted in part and denied in part. It is admitted that the formal document that was ultimately executed by the parties was prepared by Bradley L. Griffie, Esquire, as attorney for the Defendant. Any implication, however, that this was done without input and negotiations on the part of the Plaintiff and her legal counsel, Richard Snelbaker, Esquire, is denied, as the parties thoroughly negotiated the agreement. 5. Denied. Paragraph 42 is denied as stated. While it is admitted that Paragraph 4.2 of the parties' Separation Agreement states that "That alimony pendente lite Ol'der shalll'emain with Husband making payments on that Order through the amounts due and owing for the week ending August 31, 1996." It is further averred, however, that Paragraph 4.2 also says: WHEREFORE, Defendant requests your Honorable Court to dismiss the Complaint filed by the Plaintiff. Respectfully submitted, GRIFFIE & ASSOCIATES Esquire over Street at.' e, PA 17013 (7 ) 243-5551 (800) 347-5552 V ASILIKI S. PHILLIPY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : No. 96-1\931 CIVIL TERM vs. WILLIAM T, PHILLIPY, IV, : CIVIL ACTION - LAW Defendant: JURY TRIAL DEMANDED ANSWER 1. Admitted. 2. Admitted, 3, Admitted. 4. Admitted in part and denied in part. It is admitted that the formal document that was ultimately executed by the parties was prepared by Bradley L. Griffie, Esquire, as attorney for the Defendant, Any implication, however, that this was done without input and negotiations on the part of the Plaintiff and her legal counsel, Richard Snelbaker, Esquire, is denied, as the parties thoroughly negotiated the agreement. 5, Denied, Paragraph 42 is denied as stated. While it is admitted that Paragraph 4.2 of the parties' Separation Agreement states that "That alimony pendente lite Ol'der shall remain with Husband making payments on that Order through the amounts due and owing for the week ending August 31, 1996." It is further avel'l'ed, however, that Paragraph 4.2 also says: I WHEREFORE, Defendant requests your Honorable Court to dismiss the Complaint tiled by the Plaintiff. Respectfully submitted, GRIFFIE & ASSOCIATES e, Esqu~ / 0- rth Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I, Bradley L. Griffie, counsel for William T. Phillipy, IV, hereby swear and affirm that the facts set forth in this Answer are true and correct to the best of my knowledge, information and belief. I have sufficient knowledge or information and belief as to the averments stated in these pleadings, based upon my personal knowledge and information obtained from my client. This statement is made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. DATE: /2/'" J9Cr , ,. -... , -. v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-5931 CIVIL TERM VASILIKI S, PIIILLIPY, Plaintiff WILLIAM T, PIIILLIPY, IV, Derendllnt CIVIL ACTION - LAW JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I aocopt aervico or tho Complaint in the above aotion on behalr or Derendant William T. Phillipy, IV and certify that I am authorized to do BO. ." Date I It> /)")16 re UW o.."e.. 6NUtlAKlift II O"t.NNIMA" ~ If) .:- Cl ~- .. ".i..1.: ~9 ..:z ..) ~.. ~2 -- ,. -.... .)::-~ 0- ~2 (', .:T ....:{~~ l ~. c. , 1..-:", le-" re\!.' :::.~' ,d(;) ~ c . ~~ 0.... ~ to" ..n .:';.) U '0) U VABILIKI B, PHILLIPY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-5931 CIVIL TERM v. WILLIAM T. PHILLIPY, IV, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED TOI William T. Phillipy, IV, Defendant and Bradley L. Griffie, Esquire 200 N. Hanover Street Carlisle, PA 17013 DATEI November 27, 1996 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGnINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator One Courthouse square carlisle, Pennsylvania 17013-3387 (717) 240-6285 SNELBAKER & BRENNEMAN, P. C. LAW OP'lel. SNELDAKI!:R a BAENNEMAN By: Ks th O. Brenneman, Esqu re 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Vasi1iki S. Philipy