HomeMy WebLinkAbout01-07093
..~~a:J!ifijm_ n . ~c. ~. ,"
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
. .
.
. .
. .
.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
William C. Phillips
No.
01-7093
VERSUS
Michele A. Phillips
DECREE IN
DIVORCE
AND NOW,~ "-'\
,
~ IS ORDERED AND
DECREED THAT
William C. Phillips
, PLAINTIFF,
AND
Michele A. Phillips
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORtlf j;:!"Y~S ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; ~
The terms of the parties' Marital Settlement Agreement dated June 25. 2001
and the Addendum to the Marital Settlement Agreement dated May 8, 2002
attached h~r~to are incorporated herein but not merged he
~ -
J.
BY THE C~cRT:
"
ATTEST:
PROTHONOTARY
.
..
.
.
,. ,
~,.'-"'~" "" - .'. "', "!" I' .~-
- ,., ~, '~'" ' '-. "r. ~..,. "^__y,,
,
--,..,.,
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
C<""
1:
\i
,1
,
ii
'n:".,.
,
c~4 ~:P-~~<<
~ ~ 7--r"w .Mv-r9
",
"~-
\:'O'&C:F
C''(? 6e ;F
~ "~~
~~ A",'t%.."
,__,. _~~"~ "~"~I,~~~~~>i\ff,W~':r:;J;""~""ft~c"~'WQ>:'~f"'!}!1~~fmt1l-~1!'1'~~f_~,~~_~-,,!~,\;~~I_;;,~>~~
~...",~~m~._~~'''''',<_ -'1~-_'-:'_
.7'
In the Court of Common Pleas, Cumberland County, State of Pennsylvania
William Charles Phillips
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
and )
)
)
Case # :
In re: The Marriage of:
William Charles Phillips
Plaintiff
and
Michele Ann Phillips
Defendant
And in the interest of:
Michel!: Ann Phillips
MARITAL SETTLEMENT AGREEMENT
This is an Agreement made the 25th day of June, 2001 by and between William Charles
Phillips, who lives at 131 Andrew Ct., in the City of Carlisle, County of Cumberland,
State of Pennsylvania; hereinafter referred to as "Husband", and Michele Ann Phillips
who lives at 59 North Mountain Rd, in the Town of Newville, County of Cumberland,
State of Pennsylvania; hereinafter referred to as "Wife".
!~,.~~- __",J'.""__'" ,8'-- ,'"; ,~".
^ .", - '''-, ,," "-:"~-'~I~- - '-,j=-. ..
~
~f'"
,
WITNESSETH
WHEREAS, Husband and Wife were married on May 9th ,1987 at the Trinity
United Methodist Church of New Kingstown, County of Cumberland, State of
Pennsylvania; and
WHEREAS, the parties have two (2) minor children, to wit: Stephanie Ann
Phillips, Social Security No 191-72-6782, date of birth February 7th, 1991; Ryan William
Phillips, Social Security No. 197-76-7934, date of birth November 24, 1996; and
WHEREAS, we both agree, after (16) marriage counseling sessions over a period
of (6) months, our marriage is irretrievably broken and that there is no possible chance
for reconciliation; and
WHEREAS, we both desire to settle by agreement all of our martial affairs,
including the division of all of our property and bills, spousal support or maintenance,
and all issues relating to our children, including custody, visitation, and child support;
NOW THEREFORE, in cousideration of our mutual promises, and other good
and valuable consideration, we agree as follows:
1) SEPARATION - It shall be lawful for each party at all times hereafter to live
separate and apart from the other party at such place as he or she may live from time
to time choose or deem fit. The foregoing provisions shall not be taken as admission
on part of either party of the lawfulness or unlawfulness of the causes leading to their
living apart.
2) INTERFERENCE - Each party shall be free from interference, authority, and
contact by the other; as fully as ifhe or she were single and unmarried except as may
2
~I~,~] ~ '0
,-, "'1"~ ;1_:;'-,,,,,,-~,os, ,(",,-
'--~' _'"1 ,
"~-I' ",' -r ,',,<
....-1" ""."',,.
r,_"CI'
,
, -
~ ,_~ __.__. e",'",,~"
'"
-'
be necessary to carry out provisions of this Agreernent. Neither party shall molest the
other or attempt to endeavor to molest the other, nor compel the other to cohabit 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, and each of the parties hereto
completely understand and agree that neither shall do or say anything to the children
of the parties at anytime which might in any way influence the children adversely
against the other party.
3) WIFE'S DEBTS - Wife represents and warrants to the Husband that since the date
of this Agreement, she has not, and in the future she will not, contract or incur any
debt or liability for which the Husband or his estate might be responsible and shall
indemnify and save harmless Husband from any and all claims or demands made
against him by reason of debts or obligations incurred by her.
4) HUSBAND DEBTS - Husband represents and warrants to the Wife that since the
date of this Agreement, he has not, and in the future he will not, contract or incur any
debt or liability for which the Wife or her estate might be responsible and shall
indemnify and save harmless Wife from any and all claims or demands made against
her by reason of debts or obligations incurred by him.
5) OUTSTANDING JOINT DEBTS - We agree any joint debt not .pecifically
addressed in this Agreement shall be the responsibility of the party who incurred the
debt.
We agree that the Wife shall pay and indemnify and hold the Husband harmless from
the following debt:
3
-l'~!fc.~,,^
" -,-_:~'_"~~:: _"'_' " '0" ", = "," ':!"_'':""I~' ,~,_
,;"", ~ ,- _,,"_~ ',~3_'.
"., ,
~ .
~. """,""
t:w
Auto loan currently held with Members First Credit Union, Account Number
40006:05, on the 1999 Dodge Caravan VIN Number: IB4GP54R3XB631644, P A
License: CBP6316.
We agree that the Husband shall pay and indemnifY and hold the Wife hannless from
the following debt:
Auto loan currently held with PSECU, Account Number 0167404752-11, on the
1997 ISUZU RODEO VIN Number:4S2CM58VXV 4301782, P A License:
BGT1196.
6) DIVISION OF PERSONAL PROPERTY - The parties have divided between them
to their mutual satisfaction personal effects, household furniture and furnishings and
other articles of personal property which now have hereto been used by them in
common, and neither party will make any claim to any such items which are now in
the possession or control of the other. In addition to personal property now in the
control ofthe parties, the parties hereby divide other personal property including but
not limited to household goods and furnishings, personal property including but not
limited to household goods and furnishings, personal effects and other items formerly
used by them in common as follows:
a) Wife shall become the sole owner and Husband shall waive any claim to:
i) All stocks, bonds, bank accounts, investment accounts, certificates of
deposit, mutual funds, investment plans, pension plans or the like titled solely
4
"F~'lqi,,~~n ", .';'.~.
,.".., .< ".'
- , 'I'~
, '. ~ ~-, - ~.,
-<,,",,'
;.
^,
!'--
,,~ '
LV
in Wife's name regardless of whether it was so titled before or during the
marriage or after the time of separation.
ii) "50% equal distribution" of all bank accounts and certificates of deposit so
titled before or during the marriage.
b) Husband shall become the sole owner and Wife shall waive any claim to:
i) All stocks, bonds, bank accounts, investment accounts, certificates of
deposit, mutual funds, investment plans, pension plans or the like titled solely
in Husband's name regardless of whether it was so titled before or during the
marriage or after the time of separation.
ii) "50% equal distribution" of all bank accounts and certificates of deposit so
titled before or during the marriage.
7) DIVISION OF REAL PROPERTY - The parties hereby agree that the marital
residence at 59 North Mountain Rd, Newville, Cumberland County, Pennsylvania
17241 will remain the Wife's primary residence until on or about July 1st 2002 at
which time the property will be purchased by Husband or by Wife for fair market
value and the equity in the home divided equally or put up for sale to be sold to
another party and the equity from the sale of the home be divided equally between the
Husband and Wife.
8) ALIMONY, ALIMONY PENDENTE LITE AND COUNSEL FEES-
a) Wife agrees that she shall not make any claim against Husband for spousal
support, alimony, alimony pendente lite or counsel fees on her own behalf and
waives all rights to assert such claims after the date ofthis Agreement. Husband
agrees that he shall not make any claim against Wife for spousal support,
5
'~l$,~~-:-_
',-, -," -~ - ,
_~,' c__"I_ ,-
I ,',-C". ,-" "--1~-
"",,"
","
~i
alimony, alimony pendente lite or counsel fees on his own behalf and waives all
rights to assert such claims after the date of this Agreement.
b) Wife agrees to continue to provide Husband with Health America health
insurance at a cost of$46.00 month.
c) Husband agrees to continue to provide Wife with Delta Dental Health Insurance
at no cost.
d) Husband agrees to continue to provide Wife with AJlLON's vision care at no
cost.
9) CUSTODY AND CHILD SUPPORT
a) CUSTODY
i) We both agree that it is in the best interests of our children that we both
have joint legal and physical custody of our children. We also agree that the
actual physical residence of our children will change periodically as to best
suit the needs of the children at any given time.
ii) All decisions pertaining to the place of residence, discipline, education,
health, extracurricular and summer activities, vacations, religious training,
medical and dental care, and welfare of our children will decided by both of
us after reasonable and adequate discussion. We also agree that the parent
with physical custody shall have control over minor day-to-day decisions
affecting the child, including any medical or dental emergencies. We agree if,
after reasonable attempts, we are unable to reach an agreement on any of the
decisions affecting our children, we jointly seek professional mediation to
resolve our differences.
6
,-~~iW,,'i~~ ;~"'~ _>of -~'-O_'c'
',,-~ -,- - I. ' " i" ,_I . ,_ H
" , " .., . . ,,,....-~ -,' "
,- .,
~
ill) We also agree that each of us has the right to know of any circumstances
or decisions that affect our children and that each of us has the right to any
medical, dental, or school records of our children. Neither of us will do
anything to hamper or interfere with the natural and continuing relationship
between our children and the other parent.
iv) We both agree that our Children will be known by the last name of
Phillips.
v) We both agree that frequent and continuing contact with both parents is
vital to our children, and therefore we both agree that neither of us will
permanently remove our children from the state of Pennsylvania, the county
of Cumberland, and the school district of Cumberland County, without
express written permission of the other parent.
vi) We both realize that the well-being of our children is of paramount
importance and, therefore, we agree that our children should have as much
contact as possible with the parent that does not have physical custody for a
given time frame and that our children may visit that parent as often as may be
agreed upon.
(1) Although contact may be scheduled more often, the parent that does not
have physical custody for a given alternating week will have the right to
be with our children at least as follows:
(a) On Wednesday evening from 05:30 PM until the children's bedtime
unless otherwise mutually agreed between the parties.
7
.'"~.~,,, .^'-
,-[ '_'?_~O:"_,__f: C_?_"',""; ,_ :1> ,I '_,_._
_ ~ ce_, _ "="'~' ,'~'j ,"
~-. .
"
,_0
~,~-"
't!
f,~~,,__~o,__
..
(2) Holidays with date and times shall be rnutually agreed upon between the
parties.
vii) We additionally agree to use our very best efforts to insure that our
children receive the most care, love, and affection possible from both parents
throughout their entire childhood.
b) SUPPORT
i) We both agree that the Husband will pay to the Wife, for child support, the
amount of$750.00 per child per month, for a total rnonthly payment of
$1500.00. The payments will begin 30th day July, 2001 and will continue for
each child until that child has reached the age of 18, died, become self-
supporting, or married. We both agree that this obligation is subject to
modification by a court at any time.
ii) We agree that the required child support payments should be made
directly to the parent to whom they are due and should not be required to be
paid through any court or state agency or official. The parent receiving the
payments, however, does not waive the right to request, at any time and in his
or her sole discretion, that such payments be made directly through a court or
state agency or official in the future. We both further agree that we will
cooperate in obtaining any necessary income withholding orders or income
assiguments if required to guarantee this obligation.
iii) As additional child support, we both agree that as long as support
payments are due the Husband will carry and maintain life insurance in the
minimum amount of $200,000, naming the Wife as sole irrevocable
8
'f,'_',J," 0 -~
'I~" -,', __'_7;__,"_"_
"C'f '=,; !'"- _, , .
"" "
""~,
beneficiary. The Husband will provide the Wife with annual proof of such
coverage.
iv) As additional child support, we both agree that as long as support
payments are due the Wife will carry and maintain life insurance in the
minimum amount of$200,000, naming the Husband as sole irrevocable
beneficiary. The Wife will provide the Husband with annual proof of such
coverage
v) As additional child support, we both agree that as long as support
payments are due the Wife will carry and maintain adequate health and
hospitalization insurance for the children's benefit. The Wife will pay the
first $250.00 ofthe yearly required deductibles per child. The Husband will
share all subsequent required deductibles after the first $250.00 per child
required by payment of the Wife based on the percentage of income. The
parent obligated to provide such insurance will provide the other parent with
annual proof of such coverage.
vi) As additional child support, we both agree that as long as support
payments are due the Husband will carry and maintain adequate Dental and
Vision insurance for the Children's benefit. The Husband will pay the first
$250.00 ofthe yearly required deductibles per child. The Wife will share all
subsequent required deductibles after the first $250.00 per child required by
payment of the Wife based on the percentage of income. The parent
obligated to provide such insurance will provide the other parent with annual
proof of such coverage
9
,"~ "t,,<~ "c"'" ,-_<,"'.'n ~-,'_'," -"--',:"-,I'",-'!' _ ,0 -c"
'F,-" -. . T",,~
,'.,C',.,
~i
vii) We agree the Wife may claim the federal dependency tax exernption for
Stephanie Ann Phillips and the Husband may claim the federal dependency
tax exemption for Ryan William Phillips.
10) AGREEMENT - We both desire that, in the event of divorce or dissolution of
marriage, this martial settlement agreement be approved and merged and incorporated
into any subsequent decree or judgement for divorce or dissolution of marriage and
that, by the terms of the judgement or decree, we both be ordered to comply with the
terms of this agreement, but that this agreement shall survive.
We have prepared this agreement cooperatively and each of us has fully and honestly
disclosed to the other the extent or our assets, income, and financial situation. We
have each completed Financial Statements which are attached and incorporated by
reference.
We each understand that we have the right to representation by independent counsel.
We each fully understand our rights and we each consider the terms of this agreement
to be fair and reasonable. Both of us agree to execute and deliver any documents,
make any endorsements, and do any and all acts that may be necessary or convenient
to carry out all of the terms of this agreement.
We agree that this document is intended to be the full and entire settlement and
agreement between us regarding our marital rights and obligations and that this
agreement should be interpreted and governed by the laws of the State of
Pennsylvania.
10
>'#f\'l'l\""~,,,. " . c^ , ,_ ,_ '<"'n"_
- -"""-I;"'--""~-"
-~ -
", -r
,
,",
-d
,- ,
'"11
. ,
We also agree that every provision ofthis agreement is expressly made binding upon
the heirs, assigns, executors, administrators, successors in interest, and representatives
of each of us.
11) BREACH - If either party breaches any provision of this Agreement, the other party
shall have the right, at the party breaching this contract should be responsible for
payment of legal fees and costs incurred by the other in enforcing their rights under
this Agreement, or seek such other remedies or relief as may be available to him or to
her.
11
',4, :~~w',:~:,,,,,~,,.;:,,~,^,,,,__.,_.~~. . '.-' ,'H' ,',,""., >",.,"T,
" .,..",
,"
~ .~
,
, ,
~ ..~
,,'''''-
. ,
Signed and dated this :;J.7i1dayof --1:1!It:..
State of Pennsylvania
)
)
)
)
)
County of Cumberland
,2001.
~~u'
:_~~I
SS.
On this ~?~y of :J;;"vl' , 2001, William Charles Phillips and Michele
Ann Phillips personally came before me and, being dilly sworn, did state that they are the
persons described in the above document and that they signed the above document in my
presence as a free and voluntary act for the purposes stated.
~~NPbl') (
Ignature 0 otary U Ie
Notary Public, for Count
State of Pennsylvania
NOTARIAL SEAL
MICHAEL R. CARANCI. Notary Public
Camp Hili Boro. Cumberland County
My Commission Expires June 15. 2002 I
My Commission Expires
'"~'''''''''''''_''''''',__''''''''o_.'~,,''"~ 00"""-'",":1-1,-"" __'_.h__4 "" '~'_'I"o .,.
12
-',,' = ,,~-,
"
'. .
. .
.." .
""' '. ,
ADDENDUM TO
MARRIAGE SETTLEMENT
AGREEMENT
BETWEEN
WILLIAM CHARLES PIDLLIPS
AND
MICHELE ANN PHILLIPS
Debra Denison Cantor, Esquire
Counsel for Husband
Cara A. Boyanowski, Esquire
Counsel for Wife
.'''"'~'''ii''~___ _ '"'. __,'" ,,_'-_ __
I"
- ,---~ --~.
, .
.
~', I"" --'-' ....,...,~
"1fT -,~
< '
SECTION 1:
Introduction
SECTION II:
General Provisions
SECTION ill:
Custody
SECTION IV:
Property Distribution Provisions
SECTION V:
Closing Provisions and Execution
""~\'f?N<f;lfl!i_, ~,,_
,-'
TABLE OF CONTENTS
3
4
4
5
7
,-. I' " - "
I-",,""-'F
:".~~o~ ~,=_
'.
"
. ,
"
:
SECTION I
INTRODUCTION
THIS AGREEMENT made this 8ih. day of U~ ,2002, by and between
WlLLIAM CHARLES PHILLIPS ("Husband") and MI E ANN PHILLIPS ("Wife").
WITNESSETH:
WHEREAS, Wtl1iam Charles Phillips, Social Security Number 168-60-6596, was born on
November 23, 1962, and currently resides at 131 Andrew Court, Carlisle, Cumberland County,
Pennsylvania 17013.
WHEREAS, Michele Ann Phillips, Social Security Number 167-40-4752, was born on April
6, 1961, and currently resides at 59 N. Mountain Road, Newville, Cumberland County, Pennsylvania
17241.
WHEREAS, the parties hereto are Husband and Wife, having been married on May 9, 1987
in New Kingstown, Cumberland County, Pennsylvania. The parties separated on June 28, 2001, and
have lived separate and apart since that time;
WHEREAS, the parties are the parents of two minor children, namely, Stephanie Phillips,
born February 7, 1991, and Ryan Phillips, born November 24, 1996.
WHEREAS, it is the intention of Wife and Husband to live separate and apart for the rest
of their natural lives, to obtain a final divorce, and to settle fully and final1y their respective financial
and property rights and obligations as between each other, including, without limitation, the settling
of all matters between them relating to the ownership of real and personal property, the equitable
distribution of such property; the settling of all matters between them relating to the past, present and
future support 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 one against the other or against their respective
estates.
NOW, THEREFORE, in consideration of the mutual promises, set forth herein and for other
good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agree
as follows:
,..'''~~.u
,. .,
"':'~r'
t.'.. _ r" .~
-
"
,.
-".~"
'. ,.
..
-"
SECTION n
GENERAL PROVISIONS
1. PIDORAGREEMENT
The parties agree that the provisions contained in the Marriage Settlement Agreement
between William Charles Phillips and Michele Ann Phillips, dated June 27,2001, which set forth a
distribution of the parties' real and personal property, custody rights, and child support obligations,
shall remain in full force and effect. A copy of the Marriage Settlement Agreement, dated June 27,
2001, is attached hereto as Exhibit "A."
2. SETTLEMENT OF ALL CLAIMS
The parties agree and acknowledge that all claims of any nature including claims for the
division of property and counsel fees and costs, are withdrawn and settled by this agreement.
SECTION m
CUSTODY
3. SCHOOL DISTRICT CHANGE
The parties agree that their children, Stephanie Phillips and Ryan Phillips, shall be enrolled in
the Cumberland Valley School District, beginning the 2002-2003 school year. Both parties agree that
they have thoroughly discussed this issue and agree that the enrollment of the children into this school
district is in each child's best interest. Wife acknowledges that Husband's physical custody rights
will not be challenged because he lives outside of the Cumberland Valley School District.
4
-""I";"''''''''~ "'.,,~
, ,
T- - , -, .,--,,~ .~-"
-\~.
,
""
'.
...
-'
SECTION IV
PROPERTY DISTRIBUTION
4. REAL ESTATE
A. Marital Residence - The parties acknowledge that they are the owners, as tenants by
the entireties, of certain real property known as 59 North Mountain Road, Newville, Cumberland
County, Pennsylvania 17241 (hereinafter referred to as "Marital Residence"). The parties agree as
follows with respect to the Marital Residence:
(1) Husband agrees that within thirty (30) days following the date of
,execution of this Agreement, he will exercise all reasonable diligence to refinance the
existing mortgage on the marital residence.
(2) Simultaneous with the refinancing of the marital residence, Wife shall
execute all documents necessary, including a deed, to transfer all of her right, title and
interest in the Marital Residence to Husband, Thereafter, Husband sha1l be the sole
and separate owner of the Marital Residence.
(3) Wife agrees that simultaneous with the refinancing of the marital
residence, any and all title policies and any other policy of insurance with respect to
the Marital Residence shall be endorsed to reflect Husband as sole owner thereof and
further agrees that Husband shall be entitled to receive any payments thereafter due
under any such insurance policies.
(4) Except as otherwise provided herein, simultaneous withthereiinancing
of the marital residence, Husband shall be solely responsible for all costs, expenses
and liabilities associated with or attributable to the Marital Residence regardless of
when the same shall have been incurred including, but not limited to, mortgage, taxes,
insurance premiums and maintenance and Husband shall keep Wife and her property,
successors, assigns, heirs, executors and administrators indemnified and held harmless
from any liability, costs or expense, including attorney's fees, which may be incurred
in connection with such liabilities and expenses or resulting from WIfe's ownership
interest in said property.
(5) Husband shall pay to Wife the sum of Fifty-Five Thousand
($55,000.00) Dollars, which represents her one-half share in the equity of the Marital
Residence. Said payment to be made to Wife from the proceeds of the refinance,
5
.E-'_i''''''~'-,jlI!!l
~J ,,,,
,-ri', "I";
,
,~=~ ,
- ~ --
,-,~-~
~I
r~iW " ....
~ , '~ .
..I'
J
(6) In the event Husband does not qualifY for a new mortgage, Husband
agrees to list the marital residence for sale. The parties agree that Wife shall not be
held responsible for any costs, repairs, or sale deficiencies, associated with the sale of
the marital residence,
5. RENTAL OF MARITAL RESIDENCE
The parties agree that Wife may remain in the Marital Residence until July 1, 2002. By
agreement between the parties, during Wife's occupancy in the Marital Residence, Defendant agrees
to refrain from entering or attempting to enter the residential dwelling, located at 59 North Mountain
Road, Newville, Pennsylvania. Wife agrees that Husband may enter into the garage and onto the yard
of the Marital Residence for the sole purpose of yard and garden maintenance during her occupancy
of the Marital Residence. On July 1, 2002, WIfe agrees to remove herself and her personal
belongings, household goods, and furnishings from the Marital Residence, at which time, Husband
shall assume actual possession of the Marital Residence. p
~u.vh,;y... '3 ~ aqru.n?~
UponIII1~blllld' B ra;::M~ciIlg Gftlw M&l'i.1ft!~~;deu..", Wife agrees to pay to Husband the sum
of One Thousand One Hundred Eighty-Four Dollars ($1,184,00) per month, which represents the
current monthly mortgage payment, in fair market rental value for the Marital Residence. Wife shall
pay rent to Husband for so long as she continues to reside in the Marital Residence.
The parties agree to engage in two separate inspections of the Martial Residence. The first
inspection of the Marital Residence shall take place upon the date of execution of this Agreement and
the second inspection shall take place upon the date in which Wife terminates her occupancy in the
Marital Residence. Both parties shall be present during these inspections. The cost of repair for any
damage caused by Wife's occupancy of the Marital Residence or Wife's removal from the Marital
Residence, excluding normal wear and tear, shall be the sole and separate responsibility of Wife.
6. DISNEY STOCK/PEANUTS PICTURE
The parties agree that they are the owners of several shares of Disney stock and a Peanuts
cartoon picti.1re. Furthermore, the parties agree that these items shall be transferred to the children
and shall become the sole and separate property of the children.
6
,~,1W")
-c
~ ~ ",.
,_,,__,"C'T",.
~ "<
,
",''''
.. ~ I""
-,i'iilIH,If.~
-,
, "
-" .
J(/tfIJII', ~
SECTION V
CLOSING PROVISIONS AND EXECUTION
Each of the parties has carefully read and fully considered this Agreement and all of the
statements, terms, conditions, and provisions thereof prior to signing below,
IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have
set their hands and seals on the date indicated below.
,
~A~
WITNESS
-C"', '1"=' '. -, - .,
ruLc~
WILLIAM CHARLES HILLIPS
~- ?-O 2-
DATE
~~
CHELE ~HILLIP
-jC-..Jtf - af
DATE
7
,"'",
."' ~
'-
.k!r....~ '". ,f;,~,r''''.__'1_."":~~l!i''lJ:zr:;-:o,,.{j_:r!1l.)l _~'"'
.~ > ' ~-r'--"-~"""I'''''''''~~'' ""''fro ". '-""."
,-",-,.~-, --'^,- .,q T'''.~'''"'--''''.' - -. -]~~":JJtJt'";';f1~ "~jf'
(')
c
<~
J)g'
..~- .)
zr
U!
2'
c
--
,..:::: ('"
5;f~
..:::--
:::J
'-
.j. r"
C)
r'-,}
-h
.~'-'"
--(
:",)
~~I>-~":R(C:""'''K''-I''';;<;~''_.'~\'-'t''''''''<';''~';':?i'''''''~1'j!'V:4i~~~;,
~""-_"'_' _~ 'M~'.~_~
r
WILLIAM C. PHILLIPS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 01-7093 CIVIL TERM
MICHELE A. PHILLIPS,
CIVIL ACTION - LAW
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
.'-i
Transmit the record, together with the following information, to the Court for entry of a
divorce decree:
1. Ground for divorce: Irretrievable breakdown under ~ 3301(c) ofthe Divorce
Code,
"'I
2,
Date and manner of service of the Complaint: Service was accepted by the
Defendant on the 22nd day of December 2001, by certified mail, return receipt requested, receipt
number 71111746 21015000 0096.
3. Date of execution of the Affidavit of Consent required by ~ 3301(c) of the Divorce
Code: by William C. Phillips, Plaintiff, on Apri14, 2002; by Michele A. Phillips, Defendant, on
May 9, 2002.
4, Related claims pending: Settled by Marital Settlement Agreement dated June 25,
2001 and Addendum to Marital Settlement Agreement dated May 8, 2002,
:""",L~
- \'-_.-"::;'j<.-.'l-.f)__";_~_,, V;'\1-j"j,-c '_~,'Y-"-~"- . ,--,',-, ~-'I -~ --~-- -,', '. - ,., . '_-c-.,o;,..,- "';-,,-, -
-, ~
, ...y--- - w '_~_'~"":'_'" ';, ' _"~,^","_' ,'~_ "W".''f";T_"t''?,','' -, "!",,,:';.-, .-- -,'. _I
""::.:
~Y"''":;;' ",>""'.,,, MO_"" ~--
1'~
~ .
5,
Date Plaintiffs Waiver of Notice in ~ 3301(c) Divorce was filed with the
Prothonotary:
April 4, 2002
:j
i
Date Defendant's Waiver of Notice in ~ 3301(c) Divorce was filed with the
:':j
Prothonotary:
May 24, 2002
;-j
;"
,
,
Respectfully submitted,
REAGER & ADLER, PC
Date: 5/16/ D'2--
I '
By:
'~WJ!,,_
"\'___':-:>~'?;~;"~':'~:_;';,r,.:,;!_:" :_;_'T""-""';'''.~',~",,\,,\:_ "I'!"~-':"' -'-'' "'.. ..." "-'+ "'---'-",,-, ,--'- }' "',~- "
'"'i''' "," "",""',0/"
",," ,,,.,.,,",_,c"",c',,,?
---A\s;t __',_.'"'$\,-,"';i:"'tA1S:",~~_,;_;,.~ - f... .
';--'f?'<'t,
~r~7,,,::"''''-',;:,;,,r:__~_,, :~' ""_ ~"/_ _O..~r:,~:,-, ~< ~
,I:t """":E:i7!"-W'i,";;"T)';
.,
(')
c:
;Z"
~lj-~
(Tin"
~
C/i-c-
"
c::
.~
~~i
:::~I '....)
-<.' I/::)
, Un'TTIlrr]il~Jili~ft'';lllf''rf
<,
C:)
1'-.)
c:
;"j
~
""--"
i".j
~;
I'
i'
::
!'
n
~i
;-f')".:",:--~~;;r
"_;~Ji:~::LW'f :~_,,",-.JL(~,~~~~_~T~~:~' _~:_i '=,"
i'
&4- , ,~~-"'m T
,~"~ ~-~ ,
.'>
0~{
"
REAGER & ADLER, PC
BY: DEBRA DENISON CANTOR, ESQUIRE
Attorney J.D. No. 66378
2331 Market Street
CampHill,PA 17011
Telephone: (717) 763-1383
Attorneys for Plaintiff
WILLIAM C. PHILLIPS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff
NO. 0/.'709.:3 CW-d-r~
v.
MICHELE A. PHILLIPS,
CIVIL ACTION - LAW
Defendant
IN 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 the 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, Room 101, Cumberland County Courthonse, 1 Courthouse Sqnare. 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
2 Liberty Avenue
Carlisle, P A 17013
1-800-990-9108
Jt""\jY~~ _
,-"
I'
1-~.,
.
.~~"Tr'~
~"~!i;i~m1rt:f '-': -~rrfII j
. -~
REAGER & ADLER, PC
BY: DEBRA DENISON CANTOR, ESQUIRE
Attorney LD, No. 66378
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for Plaintiff
WILLIAM C, PHILLIPS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO.
MICHELE A. PHILLIPS,
CIVIL ACTION - LAW
Defendant
IN DIVORCE
A VISO PARA DEFENDER Y RECLAIMAR DERECHOS
USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas
expuestas en las paginas siguientes, debar tomar accion con prontitud. Se la avisa que is no se defiende,
el caso purde proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitado en su contra por
la Corte, Una decision puede tambien ser emitida en su contra por caulquier otra queja 0 compensaction
reclamados por el demandante, Usted puede perder dinero, 0 sus propiedades 0 otros derechos
importantes para usted,
Cuando la base para el divorcio es indignadades 0 rompimiento irreparable del matrimonio, usted
puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina
del Prothonotary, en la Cumberland County Court of Common Pleas, Room 10 I, Cumberland County
Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania.
SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL,
HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL
DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED
PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.
USTED DEBE LLEV AR ESTE P APEL A UN ABOGADO DE INMEDIATO.
SI NO TIENE 0 NO PUEDO PAGAR UN ABOGADO, V AYA 0 LLAME A LA
OFICINA INDICADA ABAJO PARA A VERIGUAR DONDE SE PUEDE
OBTENER ASISTENCIA LEGAL.
Cumberland Connty Bar Association
2 Liberty Avenue
Carlisle, P A 17013
1-800-990-9108
"""'--'""'-.,
,'I
~-
,~ , .
!~=~',"' ~
r~;"'l' ,." -"-~
.-. .-.,.--, ~ -"-"
*
.'
REAGER & ADLER, PC
BY: DEBRA DENISON CANTOR, ESQUIRE
Attorney LD, No. 66378
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM C. PHILLIPS
Plaintiff
NO. 01- '7093 ~--r.v--
v.
MICHELE A. PHILLIPS,
CIVIL ACTION - LAW
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
UNDER SECTION 330HC) OR (m OF THE DIVORCE CODE
1. Plaintiff is WILLIAM C. PHILLIIPS, an adult individual who currently resides at
131 Andrew Court, Carlisle, Cumberland County, Pennsylvania,
2, Defendant is MICHELE A. PHILLIPS, an adult individual who currently resides
at 59 North Mountain Road, Newville, Cumberland County, Pennsylvania
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six (6) months immediately previous to the filing of this Complaint.
W#<t!, ,
,. ,~ ,~,,~ ~.,^
""
." '9.,,~>;r<
-~ ~"-"-'::"'fJ~'l "'~'6't _ -J~,'.':~ >
, ~ .
'"' . -"
4. The Plaintiff and Defendant were married on May 9,1987, in New Kingstown,
Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties..
6. Neither Plaintiff nor Defendant is in the military or naval service of the United
States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the
Congress of 1940 and its amendments.
7, Plaintiff avers that there are two (2) children of this marriage under the age of
eighteen years, namely:
Stephanie Ann Phillips, date of birth 217191
Ryan William Phillips, date of birth 11/24/96
8, The marriage is irretrievably broken.
9. Plaintiff has been advised that counseling is available and that Defendant may
have the right to request that the court require the parties to participate in counseling. Plaintiff
declines counseling.
10. After ninety (90) days have elapsed from the date of the filing of this Complaint,
Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant
may also file such an affidavit.
':',!,.1, ~ff, '..<.,~" ^." ,__". _,
,~ ~
"
---.
'r hH_
~"'i'i"':('(':r'T - '-,. - ,-- .'
II. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate
notices two (2) years from the date of separation.
WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce
pursuant to Section 3301(c) or (d) of the Divorce Code,
Respectfully Submitted,
REAGER & ADLER, PC
Date: \ 7' l)f ([){
By:
EISON CANTOR, ESQUIRE
. . No. 66378
2331 Market Street
Camp Hill, PA 17011-4642
Telephone No. (717) 763-1383
Attorneys for Plaintiff
':'1i":"fHj.
'~"~!T'
.,,~ ~, ~ - ,- 'C" ~
, "
,.'-~~
..'
VERIFICATION
I, WILLIAM C. PHILLIPS, verify that the statements made in this Complaint are true and
correct to the best of my knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
Date:
/2-/njOI
(JLQ~
"N\iiMi~, l ...I
-'~,!,",~-,!,:,~ FO. <,-~
^ T
~ ,
~ --I
f
C'
'"" -'_~""-"_'_7.'
o J~t,~__"r"'!ll~r
/
.r
\
,,_ _~-i__"r-,~-' - -''''''~_ '~" -7" - IT ;Ti_"
rr.'illr::;$rm,,-"~~
~~!.''''~~-'P",';-W''!'5;>''J''~;_"_j~''''''~''ry'
"'-F'M~{,-_,ii''''I\'fW,
--
"11 '.'11"..1-. .....
. '...... 'Wl
-
'''~'~''f.'''-i~f'{-r'ij!1i~Ai;'!:$'rw.--&-'<\::;:;_"W!irr.![,;;'-'''_1J''Wj!\~''j~~~~1~"
'[
-'Nij;
REAGER & ADLER, PC
BY: DEBRA DENISON CANTOR, ESQUIRE
Attorney LD. No, 66378
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for Plaintiff
WILLIAM C. PHILLIPS
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 01-7093 - Civil Term
MICHELE A. PHILLIPS,
CIVIL ACTION - LAW
Defendant
IN DIVORCE
AFFIDAVIT OF SERVICE
I, Debra Denison Cantor, Esquire ofREAGER & ADLER, P.C. do hereby certify that I
served a certified copy of the Divorce Complaint on the Defendant Michele A. Phillips, by
Certified Mail, on the 22nd day of December, 2001, as is evidenced by the signature of the
Defendant on the Return Receipt card attached hereto as Exhibit A. Said Complaint in Divorce
was mailed to Defendant by depositing a true and exact copy thereof in the United States mail,
first class, Certified Mail, Return Receipt Requested postage prepaid, addressed as follows:
,~-
.",., -.,
,,~ '
, ",.~r' .
, "-"
, ,
- -- ~
~ ..,__n
L
"
.'
,
REAGER & ADLER, PC
BY: DEBRA DENISON CANTOR, ESQUIRE
Attorney LD, No. 66378
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for Plaintiff
WILLIAM C, PHILLIPS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 01-7093 - Civil Term
MICHELE A. PHILLIPS,
CIVIL ACTION - LAW
Defendant
IN DIVORCE
,-"_, ." ,_, _u._,,_
. Complete ftoms';~ 2, and $. AI"" complete
item 4 ft 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 mall piece.
or on the front if space permits.
1. Article Addressed to:
3. Service Type
tsn. ertifIed Mall D Express Mail
B'Registered D Retum ~eceipt for Merchandise
D Insured Mail D 0,0.0,
4, Restricted Delivery? (ExtJa Fee)
2. Article Number (Copy from service lfbeO
; i7/1:4f;/7~(.,f<fJ(!rS;oQqdf'r?l~bq Ii EX,~AIB."IT
PS Fonn 3811. July 1999' . . Domestic Return ReceiPt ' > .
0, Is livery address different from _ 1?
If Y ; enter delivery address below:
Date: rt\11 JO\
yv\~c-~I\e Ph: )l{fs
~q N. (Vii.. ((f),
N!i!-wI/.' j k . If.!
17;).'11
SUBSCRIBED AND SWORN TO BEFORE ME
1\1.\:;\\ ~-
this ,f day of LXC <<Y\ ~
.2001.
~,~'-N\... ~
NOTARY PUBLIC
Notarial Seal
Michelle M. Lauver, Notary Public
Camp Hill Bom, Cumberland County
My Commission Expires July II, 2005
Member. PennsVlvanlaAssOCialionofNotal1eS
i""'~"" .~~
0,' _,~,"=_ ~ , ..,111 l'Im
,~ ~
,""""""',-
Dvos
-
j.M-0952
>~-t'''''-~r,'
.j
-~~=~.~
~~,.6!,=n~li~.~~ ~,
, .."
,.
0 - ~~
~~
C
<'" 0 ~-j
~,O<--_
-oU; r-"
fT'ln, CJ ' ~...;;:
Z:L f"t.,) :3.~
ZC;
Cf) ",,:.: 0::>
.:< .L_
C2c -0 :=j==H
:z0 :::: ;-~o
~ ~)tT~
~2 ~,
~ 0 -".
\.0 ~
Q;
(3Tt
~_~~~mm!JiW0' ili~~II;TIllll[ij :W~,~11!W~.~.._ ~ffl!~r,,?-_;Ji;rJ,"i'1fr~W"i~-"'n!it'''- ~"~,;,,;~,,,__,::;,,"'1'~""''\''~''\'k~.~.'!t-f',,#l'\!1'''''I"~'')'';i~",jJ'!11',,~)'!;:iF"fJJ,'i~1i1f"~\I~~~
,., -:~in"':'^~'''--'~ -- - -- ^ x_
,
. .
REAGER & ADLER, PC
BY: DEBRA DENISON CANTOR, ESQUIRE
Attorney I.D. No. 66378
2331 Market Street
CampHill,PA 17011
Telephone: (717) 763-1383
Attorneys for Plaintiff
WILLIAM C. PHILLIPS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 01-7093 CIVIL TERM
MICHELE A. PHILLIPS,
CIVIL ACTION - LAW
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under Section 330 I (c) of the Divorce Code was
filed on December 18, 200 I.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
(90) days have elapsed frorn the date of the filing and service of the Cornplaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
Date: ;Jilcd
UJ~WIL~LlJPS
Ni'fflii!\t~ ~
~, '" "^'_ . ,c,
""
~~ l~""~
11!1!!! ,~ , ,
.,jll,w
-."
,.,.". c." """,",.", '"'li1i1lil~llilliil'ffi'IJUinr'Trrijl .,. "~I...r:CjlJlf"
.
(') 0 0
c: I'J -n
s: ::0- ---l
'"01$ -0 ,,.., -....
~::ri ::0 i~~l ~::.'
, "'"11'''''
~.~ ,,,," by
~:;t L~~
~o ::>- z:5~
3fg :3 7'
- arn
);>c: .. ?ii
~ U1
0 -<
~4
- ,-~-- 1~-" ~"
J,__~?_" .(~,~~Jl~ ~ , r_..~w,Ii\'W.1J"Ji11i":;I''r-~'Wi'f,*~-A'P'-)!\!'''~"-";-, ' "',j""'''K-;''':',i'''''~'~,",*""f~'':>!:~::!\'~'%1~~t;',",~~__-''ii;:,jj'!iiif:fi%~_Mil~'
.",. ,~,~~~o~'"
,-= ., "-
.
, ,c .
.. .- .ll.
\
\
REAGER & ADLER, PC
BY: DEBRA DENISON CANTOR, ESQUIRE
Attorney LD. No. 66378
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for Plaintiff
WILLIAM C. PHILLIPS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff
v.
NO. 01-7093 CIVIL TERM
MICHELE A. PHILLIPS,
CIVIL ACTION - LAW
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY
OF DIVORCE DECREE UNDER
~3301(C) OF THE DIVORCE CODE
I. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses ifI 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. S 4904 relating
to unsworn falsification to authorities.
Date: 'flJe:)
L~
""oc_,:-,,V)l!,,~,"_<, ,,co __~<;''7"","_...,.- ,
I ~~''"J " ,
_ _" ~ H
,.., ".'l"",m"n~r"'''''''M=''''-f!'
L
~. ~
"~
.dO.
~ ~ 11~.~_~",
"_'""''''~l'J
~
l~~_"_"~
"i""..
" - .<< "",",," '''''~<'''f'i''jfo~'ifl'i1'~Tfi'l\iI'!iiliif1~:~ 'If " "'J1" "~l~n1i'j
_'<,<''''~ ,', "'-, ~'" _,~~Tn,~,>"!'Yi1':;!;I~'"-
,~;0','H;_-:'"
.
0 <=> 0
~ N "n
"'" _~--J_
-r).t;-..' -0 rhp
mrn A1
Z:r: , :l1y
zc
Cf.1~ ". ,-
2"" ',.J ~-,
<:: c> ;p> :t~~
~o :l!: ()'o
>g - i5m
.. ......
~ en ~
€>:
81/
-,,,-, ",",Y,-
""'-;;'l-,"'l-F:~~>1~Q:W;-"f;rr,:'lZ;'-.,.ijs-"Y~f':1.'::t~_~'iii\<q'0~~!"*;~!&W~i~~i",1~4',
c .. '-:
" t).. ...
. .
... \"
WILLIAM C. PHILLIPS,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-7093 CIVIL TERM
:
MICHELE A. PHILLIPS,
DEFENDANT
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under ~330 I ( c) of the Divorce Code was filed on December
18,2001.
2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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.A. ~4904 relating to unsworn
falsification to authorities,
Date:
May 9, 2002
~ '
By: ""...e.A./ b /c? ' ~ '
"hele A. Phillips, Defendan~
Social Security No. / ~ ? - ~ tf1 - 7";7 5"cf
;:~11!l~" ' --;'"i! - __N--c--.,-,.,~ "," '>"":C-"'\_",""'.,]""""^=ce'\"""-"""""~,""o~_"',;;'_1".~<I'f_,'_"~,, ___ c,,';',,''""' 0_ _""~""""'_~ ,---'',h:-~"","",,,..Cl.,~.,,,-, ,"->' - ",,'<, 'C -, "-",'-"',f'~,~, ,.",."_,,,. '1,~,-, ,__ ~~,' -~",,?o '''1":;''_,' ",',',,'" '" __ . ",.a",c'_ ,_;_,~, ..0','"''''_' ,'''F_,_=, "_~; ,;, _ ,. I" , , ^
I
j.[~ '"
.H
U, [JIl1!",~~~~1r
.
,
.,
_!\[$)t~ij~ ~
~- -~~.,-,
_0_'0 F '='~-'''<;I~,-'.'-, ~-""-"'-~"~~-"nl ~ ~~ ",-" :~^r ,-~~f:':J'Yti"""
.
...
, "
.
o
~:
",:0.
Il;f
:i;
..,..-'~
s
-,~
"
'_0
c.
(':J
()
"T,
.;1:~
._1.>>
t\.."I
."?.7;',
,
....;:1
(]
--0;.-
'5
INlllU _'" ,~~.~<~;Ill-~~[:<f~JiiW~I/M~"@~ffl~~~'-iI~~lffJ'{--i'
- .Ill f "~'" -- .-= - --, ~ ^ -,
. ,,, ...
t .. .
/ -l II: -..+ Ip .J>
... ,; ..
WILLIAM C. PHILLIPS,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-7093 CIVIL TERM
MICHELE A. PHILLIPS,
DEFENDANT
: CIVIL ACTION . LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER ~3301(C) OF THE DIVORCE CODE
I, I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted,
3, I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa,C.S,A ~4904 relating to unsworn
falsification to authorities,
Date: May 9, 2002
By: ~a,~
Miche e A. Phillips, Defendant
jf~~,~ ",",,_ -, ,'" "!~"",_, >," ,.,,~ ~ ,,=-,-," ~__~,,'"" ,"'~ ,?,_~~ ".J,""'I"",'1'-"""',,'_."_,," ,,_~_ Or_^",_",_,~.?"".",..,~.. ., -_,,~,___c ,~_ "'_"","-'C-<~'r '< ,00,_ t?",,,"=",,~,~,,,..~ __",",f__~~",=3"" ,h~"_~, _"_~ "_~" __"~~~ ,_~, ,,"- ~ ~ ~". .. _' ,_. ~,~-'_,~
ill
;.
,
.
c.
-""'C"',__""'-_T,''''_7:J'1_,1T _ '" ,y,_ "~~'_ ~,-~~~-~~~,
- "~~
- ,._,',-- ,_-_~<.w,,~_"' -^ - r'lfJX1',!"c'l f[n1:"~8'1i."::"'rtrmr ~u'r~"'~i"''''''']'' "J1Jft~gff~:};'i'~:'rv
.." .
<
';I ~.,f
.
\ ')
o
c
<~
1': r,C
ITln--,
:;:::::::"'(-
zc
0"
~~
--;i
-"
r,)
~1;:
r--.:'
'0
\c
Co:'
I
"];-.
~.q
~,
,~~-, - ,'_'_",:",,~_fJl~~~~~_~~~11",f;~"'W'$lj~-W~~~!f!'~,~'<OlI'"""""~".'7".~,_~tti~'
;'''Ul'l1<!ltFrr-~-- / ,-"," 0'
.
.
WILLIAM C. PHILLIPS,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-7093 CIVIL TERM
MICHELE A. PHILLIPS,
DEFENDANT
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO ENTER APPEARANCE
To the Prothonotary:
"
-j
; ~
Please enter my appearance as counsel of record, for the Defendant, Michele A Phillips, in
the above-captioned matter,
Respectfully submitted,
DALEY LAW OFFICES
1~-3\-OI
Date
ara A Boyanows
Attorney No, 68736
1029 Scenery Drive
Harrisburg, PA 17110
(717) 657-4795
~,.===' u~,,~_,.-_c~"""__, ,'___"""U"F"''''''_'_" . __ "__"'''''~''''''' ~_,o,_,___ ,-" .. , ' .'.
~ "", "'.~",.'.'.. ""," ,"", "","',.',," .' ", "",'
--';"'.-- '''-''
~
!~, '^, ~~
~,,~"~'""_~= "'" .1'~PJJ~1fn, e,_.
,'" ,~,,',
.
1JIlIJ,
-, ;.;.,"'," ,-J,,, -"", ''''-''"'itl.:'; T t~'jrW'i'rrt'~""'~r~:iJj{'ljto;'~r<~Yi<,::;':i
'.
.
()
c
<:;-
uti;
mrri
~::r:'
c75 .r;"
;:::;::':
:<0
~~.
L:.,V
:sSd
~
z
=<
C-l
~.
(-
:0_
-'....
~
r-
~::~
,:tJ
"._:'(3
-~,-;~;~~
:~~
~
-<
I
r".
~'O
::;:
~
N
\D
J!lml'll~" If!JJOCmy ^,_ '_':"'1,_[~~~~~~~~~0'~@~~..<l~~;_~~J~m/::~'!I~~!f~i'"
II
, ~
WILLIAM C. PHILLIPS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO, 01-7093 CIVIL TERM
MICHELE A. PHILLIPS,
CIVIL ACTION - LAW
Defendant
IN DIVORCE
RULE TO SHOW CAUSE
AND NOW, this _ day of
,2003, upon review of the attached Petition, a
Rule is hereby issued against Respondent Michelle A. Phillips to show cause, if any, why
Movant William C, Phillips's Petition to Modify Child Support should not be granted.
Rule returnable within days of date of service.
BY THE COURT:
DATE:
J.
"--'k
:j;\',
it,
--:'it
,:~l'l::
-,--;'-t?1
;~''S.0,t(~_ ___~___~.
~_ _ ~,,_~~^ ,""'!l<,~=~~" ..",.""~~~,,,,,,,,,, , ~'_=__^._,^" h~.-,~ _."Y_ '~'" '---,-"-
,-.
.- - ^',- ^~-' "" "C.',__"''"_'''''.",_' _ ,.. ~" ,^_'" , ." ~_^
. ,
.1_
. .
WILLIAM C. PHILLIPS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 01-7093 CIVIL TERM
MICHELE A. PHILLIPS,
CIVIL ACTION - LAW
Defendant
IN DIVORCE
ORDER
Upon review of the enclosed Petition, this matter is transferred to the Domestic Relations
Office for a conference.
DATE: j/ofos.
1.
./
COf\( 6'1t>~ to [X:to
Co lYladw ~br",- ~\s<Jl\ CC\j')~or ,
'tV k' E
CofY to CArtA A {3oyo..nov.J~ I 1
,~lJ)i'l_~
- -~"
,..-" ,~ . "." , . I~"'_<,=""'~ ^_'" ,
"- --~ -"' ,-, " ..,.., -,- ,,?
- ----~- '
",~ ,,- . " , - ~ ,
" ~.
... -"."c -<, -d.'."..;wo._ ~
~'~ .'^'~,<- .. -,",,-~, ,\kse';";;;~"PW'lriilrn"-!' nifj'1~i'~'j:ttij!ri~:'-'~:'<~,~
,
" WAil??
C\Li\Y!..;_~: ',>L'd:~YN.?d
"'f-. ;'!~i1!nr".
~~ .f~ "I~)
-, 'c. /-,ft,/ Ie 1/:""
(/liiJ (~n
~ "';')
,- _ .~ _ [Jx:l~___ ~. n," ? ',,' n' 'c- ,-, -"-~"""" . " ,~~",",__~,
."-",,,, """" _.~ -","" '" ,;", '!~'''''~~~~~
;olJT1lh, ~ ",~I~~~,~ .,lJl",tllr,.J_~" -mr,,~~l!i
. c'
WILLIAM C. PHILLIPS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 01-7093 CIVIL TERM
MICHELE A. PHILLIPS,
CIVIL ACTION - LAW
Defendant
IN DIVORCE
PETITION TO MODIFY SUPPORT PROVISIONS
IN MARITAL SETTLEMENT AGREEMENT
AND NOW comes Plaintiff William C. Phillips, by and through his attorneys REAGER
& ADLER, PC, and petitions this Court to modify support as outlined in the parties' Marital
Settlement Agreement as follows:
I.
The parties hereto were husband and wife, having been married May 9,1987.
2, A Complaint in Divorce was filed on December 18, 2001.
3. The parties executed a Marital Settlement Agreement on June 25, 2001, wherein
they resolved all financial issues related to the divorce.
4. On May 8, 2002, the parties executed an addendum to the Marital Settlement
Agreement.
5. A divorce was entered on May 29, 2002.
6. Pursuant to the terms ofthe Marital Settlement Agreement, the parties entered an
agreement for child support payable in the amount of$I,500 per month,
7. Said payments were made directly to wife.
8. Pursuant to the terms of the Marital Settlement Agreement, in Paragraph 9(B)(i),
this obligation is subject to modification by a Court at any tirne. The Marital Settlement
Agreement is attached hereto as Exhibit A.
" ~.^ "~--"'~'''-'h__''''~->j.,,,,,,,,,,_, _ ,,_~ . ."~'-'h.'.-C'"",L"_'" __
,,",'_""- -.
~__ _M_
',,,-,,-, --,~.
~_. .~~" <~ - -.- "
-.. ~- ,< ,',
.^,
-
. ,
9. The circumstances surrounding Petitioner's employment have changed.
Petitioner's employer has lost several large clients, and as such, Plaintiff has seen a significant
decrease in his income which is largely based on comissions.
10, Petitioner attempted to negotiate a reduction in his child support based on this
reduction in income. Defendant has declined to accept this reduction.
II. Pursuant to the terms of the Marital Settlement Agreement, either party can seek
modification of this support obligation with the Court for any reason.
12. Petitioner believes this request for review should be heard by the Domestic
Relations Office, but as obligee under the Marital Settlement Agreement, is not in a position to
file directly with the Domestic Relations Office.
THEREFORE, Plaintiff requests this Honorable Court to modify the support outlined in
the Marital Settlement Agreement, and to refer this matter for a conference at the Domestic
Relations Office.
Respectful! y submitted,
REAGER & ADLER, PC
DATE:}\6(or
De Deniso C tor
Attorney ID . 66378
2331 Market Street
Camp Hill, P A 17011
(717) 763-1383
Attorneys for Plaintiff
'i
-'j
,
i
';,:,
"~'-'l"1711/!" )L,_~, "_'"," ,"~_h",___,._~.,_c ,~._~~,>~,,_~, '^_"""~"'~I..~.~,~~.._
^
.,-",'
"__.~.<___"H', ,"_^, ~.,_
~-,--,'- ,"
."-,, .--""
-
In the Court of Common Pleas, Cumberland County, State of Pennsylvania
In re: The Marriage of:
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
and )
)
)
William Charles Phillips
Plaintiff
and
Michele Ann Phillips
Defendant
And in the interest of:
William Charles Phillips
,':;
kl
Michele Ann Phillips
;':
i-,
Case # :
(') 0 0
c: t'.,'\-
s: -"
"J.1ti.i :!t h_~
, tl'TJ ~.m -r'
2' . -< fi~;I22
7:1)
.C N ---,;-n
~(~~' ./:- ~;' t.::;
::.~(S
~() 5; ~:~:~
;,o;n
C:
z s;i
~ :...:> :J.J
-<
MARITAL SETTLEMENT AGREEMENT
',1
i;
.',
k
,
"
r
This is an Agreement made the 25th day of June, 2001 by and between William Charles
Phillips, who lives at 131 Andrew Ct., in the City of Carlisle, County of Cumberland,
State of Pennsylvania; hereinafter referred to as "Husband", and Michele Ann Phillips
who lives at 59 North Mountain Rd, in the Town of Newville, County of Cnmberland,
State of Pennsylvania; hereinafter referred to as "Wife",
"
i
1
;-'t.~ , -" ."'~"i:'. ,,",, ~""""'O~"',~,', ,___"", """~', _~"~~,'""_ ,I"'~"""~o_,_,,,,,,,,,,,,__,,,'_:,~ . ,,_,_,,_ ,,'~_~ .
,,~~ -~'-- ,-- ,~,-~ "" ", ,~,'
illl ' ~"
WIlNESSETH
WHEREAS, Husband and Wife were married on May 9th ,1987 at the Trinity
United Methodist Church of New Kingstown, County of Cumberland, State of
Pennsylvania; and
WHEREAS, the parties l1ave two (2) minor children, to wit: Stephanie An..'1
r:
~!
Phillips, Social Security No 191-72-6782, date of birth February 7th, 1991; Ryan William
Phillips, Social Security No. 197-76-7934, date of birth November 24,1996; and
WHEREAS, we both agree, after (16) marriage counseling sessions over a period
,
~
of (6) months, our marriage is irretrievably broken and that there is no possible chance
w
for reconciliation; and
~;
WHEREAS, we both desire to settle by agreement all of our martial affairs,
I"
,
including the division of all of our property and bills, spousal support or maintenance,
1"'
and all issues relating to our children, including custody, visitation, and child support;
t,
NOW THEREFORE, in consideration of our mutual promises, and other good
and valuable consideration, we agree as follows:
\\
1) SEPARATION - It shall be lawfulfor each party at all times hereafter to live
t:
:;:
f:
separate and apart from the other party at such place as he or she may live from time
E.
to time choose or deem fit. The foregoing provisions shall not be taken as admission
if
on part of either party of the lawfulness or unlawfulness of the causes leading to their
living apart,
2) INTERFERENCE - Each party shall be free from interference, authority, and
1
~
contact by the other; as fully as ifhe or she were single and unmarried except as may
2
;'-:~'~'.' '" ~~"'n_, '''r~~~
.- ".~~.~I~
_~~". "~ . ,~h~,,' ~._ _ _ ='<r'.",,_~._
'.~ ""., ~"-- -~" -~ ,
~ ~,
~
be necessary to carry out provisions of this Agreement. Neither party shall molest the
other or attempt to endeavor to molest the other, nor compel the other to cohabit 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, and each of the parties hereto
completely understand and agree that neither shall do or say anything to the children
of the parties at anytime which might in any way influence the children adversely
against the other party.
3) WIFE'S DEBTS - Wife represents and warrants to the Husband that since the date
of this Agreement, she has not, and in the future she will not, contract or incur any
debt or liability for which the Husband or his estate might be responsible and shall
indemnify and save harmless Husband from any and all claims or demands made
against him by reason of debts or obligations incurred by her.
4) HUSBAND DEBTS - Husband represents and warrants to the Wife that since the
date of this Agreement, he has not, and in the future he will not, contract or incur any
debt or liability for which the Wife or her estate might be responsible and shall
indemnify and save harmless Wife from any and all claims or demands made against
her by reason of debts or obligations incurred by him.
5) OUTSTANDING JOINT DEBTS - We agree any joint debt not,pecifiCally
addressed in this Agreement shall be the responsibility of the party who incurred the
debt.
We agree that the Wife shall pay and indemnify and hold the Husband harmless from
the following debt:
3
~r1 " '''-''''<~~~'IT.O;~"f, ',"" "'1~'
"" ,-j-""""-''''''~;''%5,'''' ''''''~'''''''''';'f~I",_., "~4,~~~ ~ ",_" ,""",9_ """"""'..",, ,__,,,,,.,,,, .__ ~ > '",_",,__,>_,~, . ,,= ..'
Auto loan currently held with Members First Credit Union, Account Number
40006:05, on the 1999 Dodge Caravan VIN Number:IB4GP54R3XB631644, P A
License: CBP6316.
We agree that the Husband shall pay and indemnify and hold the Wife harmless from
the following debt:
Auto loan currently held with PSECU, Account Number 0167404752-11, on the
1997 ISUZU RODEO VINNumber:4S2CM58VXV4301782, PALicense:
BGTll96.
6) DIVISION OF PERSONAL PROPERTY - The parties have divided between them
to their mutual satisfaction personal effects, household furniture and furnishings and
other articles of personal property which now have hereto been used by them in
common, and neither party will make any claim to any such items which are now in
the possession or control of the other. In addition to personal property now in the
control of the parties, the parties hereby divide other personal property including but
not limited to honsehold goods and furnishings, personal property including but not
limited to household goods and furnishings, personal effects and other items formerly
used by them in common as follows;
a) Wife shall become the sole owner and Husband shall waive any claim to:
i) All stocks, bonds, bank accounts, investment accounts, certificates of
deposit, mutual funds, investment plans, pension plans or the like titled solely
4
:o~r,
=__,' C
l"c", ",'7.11"0 "";"'~' I-''',o-''~;.'
'. F ~",>'~'_
,
.. _~M _
in Wife's name regardless of whether it was so titled before or during the
marriage or after the time of separation.
ii) "50% equal distribution" of all bank accounts and certificates of deposit so
titled before or during the marriage,
b) Husband shall become the sole owner and Wife shall waive any claim to:
i) All stocks, bonds, bank accounts, investment accounts, certificates of
deposit, mutual funds, investment plans, pension plans or the like titled solely
in Husband's name regardless of whether it was so titled before or during the
marriage or after the time of separation.
ii) "50% equal distribution" of all bank accounts and certificates of deposit so
titled before or during the marriage.
7) DIVISION OF REAL PROPERTY - The parties 4ereby agree that the marital
residence at 59 North Mountain Rd, Newville, Cumberland County, Pennsylvania
17241 will remain the Wife's primary residence until on or about July}st 2002 at
which time the property will be purchased by Husband or by Wife for fair market
value and the equity in the home divided equally or put up for sale to be sold to
another party and the equity frorn the sale of the home be divided equally between the
Husband and Wife,
8) ALIMONY, ALIMONY PENDENTE LITE AND COUNSEL FEES -
a) Wife agrees that she shall not make any claim against Husband for spousal
support, alimony, alimony pendente lite or counsel fees on her own behalf and
waives all rights to assert such claims after the date of this Agreement. Husband
agrees that he shall not make any claim against Wife for spousal support,
5
~- -,'-,'C'" "'~'("':""~~."""'h~""'_,~,'''''''-m,__-" "''''--'''''"'''ll',~~,_ ,.,,"Ur.,,_' _"c,_' ~"Cq
-'0 ", ,'''~ - _'
-
'="~" .
!",
"I
~:
!,I
1':1
.--,1
i~!
(:'j
iii
i
"I
'-'I
',I
1\1
:1
r~ i
:'1
i'i
'I
~, 1
,
',:
",
"
:"1
II
,'.-'
"
~ :
i}~_;;;,4: ,~,,,
, , . ..
alimony, alimony pendente lite or counsel fees on his own behalf and waives all
rights to assert such claims after the date of this Agreement,
b) Wife agrees to continue to provide Husband with Health America health
insurance at a cost of$46,QO month.
c) Husband agrees to continue to provide Wife with Delta Dental Health Insurance
at no cost.
d) Husband agrees to continue to provide Wife with AllLON' s vision care at no
cost.
9) CUSTODY AND CHILD SUPPORT
a) CUSTODY
i)
We both agree that it is in the best interests of our children that we both
have joint legal and physical custody of our children. We also agree that the
actual physical residence of our children will change periodically as to best
suit the needs of the children at any given time.
ii)
All decisions pertaining to the place ofresidence, discipline, education,
health, extracurricular and summer activities, vacations, religious training,
medical and dental care, and welfare of our children will decided by both of
us after reasonable and adequate discussion. We also agree that the parent
with physical custody shall have control over minor day-to-day decisions
affecting the child, including any medical or dental emergencies. We agree if,
after reasonable attempts, we are unable to reach an agreement on any of the
decisions affecting our children, we jointly seek professional mediation to
resolve our differences,
6
v,~"""",,~",~,"..,,"= -",,,.,, """''''''-'''''''''~,.,.f'C!!:-~,'___", ".'" ,J~_^
e_ ''''~,=<;''" _ "___,~,,_,_",_,, __ ~_"
,~'" ~N, ",_, __~_,,'","" ~"
.,~, "',~ "_'.._." "~" '~__d_'
,_"T,.. ',0_0 .._,__,,",
,'"~-
. ' ,
ill) We also agree that each of us has the right to know of any circumstances
or decisions that affect our children and that each of us has the right to any
medical, dental, or school records of our children. Neither of us will do
anything to hamper or interfere with the natural and continuing relationship
between our children and the other parent.
iv) We both agree that our Children will be known by the last name of
Phillips.
v) We both agree that frequent and continuing contact with both parents is
vital to our children, and therefore we both agree that neither ofus will
permanently remove our children from the state of Pennsylvania, the county
of Cumberland, and the school district of Cumberland County, without
express written permission of the other parent.
vi) We both realize that the well-being of our children is of paramount
importance and, therefore, we agree that our children should have as much
contact as possible with the parent that does not have physical custody for a
given time frame and that our children may visit that parent as often as may be
agreed upon.
(1) Although contact may be scheduled more often, the parent that does not
have physical custody for a given alternating week will have the right to
be with our children at least as follows:
(a) On Wednesday evening from 05 :30 PM until the children's bedtime
unless otherwise mutually agreed between the parties,
7
',"1~~"J
;",--, "'--,"'-""~,'''''-'"'-,,~,~ "'~'''--~-' ,,,-'-
'__.~'_I'X,"",,_.~<~_ ___,,=~"c~_."_,,__ ,,"""""',~,,~
"'.-. ,~
. 1 j .
(2) Holidays with date and times shall be mutually agreed upon between the
parties.
vii) We additionally agree to use our very best efforts to insure that our
children receive the most care, love, and affection possible from both parents
throughout their entire childhood,
b) SUPPORT
i) We both agree that the Husband will pay to the Wife, for child support, the
amount of $750.00 per child per month, for a total monthly payment of
$1500.00. The payments will begin 30th day July, 2001 and will continue for
each child until that child has reached the age of 18, died, become self-
supporting, or married. We both agree that this obligation is subject to
modification by a court at any time.
ii) We agree that the required child support payments should be made
directly to the parent to whom they are due and should not be required to be
paid through any court or state agency or official. The parent receiving the
payments, however, does not waive the right to request, at any time and in his
or her sole discretion, that such payments be made directly through a court or
state agency or official in the future. We both further agree that we will
cooperate in obtaining any necessary income withholding orders or income
assignments if required to guarantee this obligation.
ill) As additional child support, we both agree that as long as support
payments are due the Husband will carry and maintain life insurance in the
minimum amount of $200,000, naming the Wife as sole irrevocable
8
'l~~,_~o,~." "-'_" .~"~~ __ ,_< <'"~_.~" . ,.~,.~. .~._L~_~
,,-
~'M~ ~,,~^_ _~ ___ '
,,~-.-- ~ ".,","~~' '" "
. . J .
beneficiary. The Husband will provide the Wife with annual proof of such
coverage.
iv) As additional child support, we both agree that as long as support
payments are due the Wife will carry and maintain life insurance in the
minimum amount of $200,000, naming the Husband as sole irrevocable
beneficiary, The Wife will provide the Husband with annual proof of such
coverage
v) As additional child support, we both agree that as long as support
payments are due the Wife will carry and maintain adequate health and
hospitalization insurance for the children's benefit, The Wife will pay the
fITst $250.00 of the yearly required deductibles per child. The Husband will
share all subsequent required deductibles after the first $250.00 per child
required by payment of the Wife based on the percentage of income. The
parent obligated to provide such insurance will provide the other parent with
annual proof of such coverage,
vi) As additional child support, we both agree that as long as support
payments are due the Husband will carry and maintain adequate Dental and
Vision insurance for the Children's benefit, The Husband will pay the first
$250,00 of the yearly required deductibles per child. The Wife will share all
subsequent required deductibles after the first $250.00 per child required by
payment of the Wife based on the percentage of income. The parent
obligated to provide such insurance will provide the other parent with annual
proof of such coverage
9
> -'f:I:-J) ,'_ ll~_
0.., """""'-_"'"""',.,,,,'~ . '''"",,'_~'''. """ ,_~_",'I" ,_, "_,_~_~_,, "",,0
,re'~ =~_""t-""'_~_ _~__.
.. '."
,. ,~. ..~ --
r
, .
vii) We agree the Wife may claim the federal dependency tax exemption for
Stephanie Ann Phillips and the Husband may claim the federal dependency
tax exemption for Ryan William Phillips.
10) AGREEMENT - We both desire that, in the event of divorce or dissolution of
marriage, this martial settlement agreement be approved and merged and incorporated
into any subsequent decree or judgement for divorce or dissolution of marriage and
that, by the terms of the judgement or decree, we both be ordered to comply with the
terms of this agreement, but that this agreement shall survive,
We have prepared this agreement cooperatively and each of us has fully and honestly
disclosed to the other the extent or our assets, income, and financial situation. We
have each completed Financial Statements which are attached and incorporated by
reference.
We each understand that we have the right to representation by independent counsel.
We each fully understand our rights and we each consider the terms of this agreement
to be fair and reasonable, Both of us agree to execute and deliver any documents,
make any endorsements, and do any and all acts that may be necessary or convenient
to carry out all of the terms of this agreement,
We agree that this document is intended to be the full and entire settlement and
agreement between us regarding our marital rights and obligations and that this
agreement should be interpreted and governed by the laws of the State of
Peunsylvania.
10
!;I~",,~,,^
','-" ',"?_L_~,_.,..".
<" -"""~' ~'?"'-~",,1.,>
,--"-,,,,1..,,", _J'~,,~ .'-<'-""'-"_'___"'-..cc___
,-"'", " '--
1~"'fr-." '..'
~.' .
. . .
We also agree that every provision of this agreement is expressly made binding upon
the heirs, assigns, executors, administrators, successors in interest, and representatives
of each of us.
11) BREACH _ If either party breaches any provision of this Agreement, the other party
shall have the right, at the party breaching this contract should be responsible for
payment of legal fees and costs incurred by the other in enforcing their rights under
this Agreement, or seek such other remedies or relief as may be available to him or to
her.
11
"::".~;::
~"_,,, _~_~w~"..^~,',.,=_~,__,_"" ,." ".,,,,___,,.,,I,,_,-.c_" ~ ,<>~,_ > ,.~ _,~_",__,,",,',"
. ;' ~, '. ,'-'
-.----,~, ,~-'"^
.~" ," ""'.-',.,, '--"../='. -' -~, -'-- ,--,=..'>'.-' ,/..~,--
1- .,
-'n" . "
, . ,
Signed and dated this d7r.!1dayof L/!/L
State of Pennsylvania
)
)
)
)
)
County of Cnmberland
, 2001.
-~'
-~~,
SS.
On this }j.7Al'ayof cJ;;,J1.!c' ,2001, William Charles Phillips and Michele
Ann Phillips personally came before me and, being duly sworn, did state that they are the
persons described in the above docnment and that they signed the above docnment in my
presence as a free and volnntary act for the purposes stated,
~4'
19nature 0 otary c
... ..... ~ ~ ~
Notary Public, for Coun'J
State of Pennsylvania
NOTARIAL SEAL
MICHAELR. PARANCI, Notary Public
Camp Hili Boro. Cumberland County
My Commission Expires June 15, 2002
, My Commission Expires
:':;"~-7.~",,,_,.,,t,,L,. ,___~ _~
_~ I,,.,._~__ .~ ,., ~ __ _~,~ . ." ">, m
12
. e '~.' .n_,~ =' ____ ."',
. ,"____~ '_'0<__=._' ", ~,_"__,,~,,,,="~., '.-""""". ~,,~ ~. _,.,,,_,, j', _' ,~,'"
']I
) . .. '.
VERTFTCA TTON
I, William C. Phillips, hereby verify and state that the facts set forth in the foregoing
pleading 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. 94904 relating to
unsworn verification to authorities.
DATE:
1~ ~ /03
William
,,-~~~'lIi~
-'" ,'_r", -~_'''N~'~':'!''''-F ;'''-_,'''',""';_",'''.ch,',c_ ",,,",,-,',-,,h__.,_,, ':.. ,~_ ,<'n:- ,_~ ,,;_,>-~_ ,"",,_,,:t"'N','" ,"._,-,=" ,'7~",',,~' :-. ,~
-, -"" " ,- ",' '~""""". _'.'_-f"""", i'",.. "__",_<'_~"".-"',,,\_,,~, '".."i--' 1--
. ,
CERTTFICA TE OF SERVICE
I hereby certify that on the date set forth below a true and correct copy of the foregoing
Petition to Modify Support was served on the following individual via United States First Class
Mail, postage prepaid as follows:
Cara A. Boyanowski, Esquire
Kathleen Daley Law Office
1020 Scenery Drive
Harrisburg, PA 17109
Dated~
'-~_~'!f_ ^c"'
.,- " -, '-- f'''\')4';_-"-~__,,,_, ''''''-' 0" "" . 't,'''~: _ ~,~~"':]',L""I.~","p':;',,_,~,. ,~,",,'p^;"):""_;->,e,_., ,",i_,':';;~ ,-"'..-";'-';f,-"," '_', ,._'" q
"_..__n, '" c," _<,,-: ,->."__"""",__~'_' ,^':';':~,_ ,'" '__~'~""<'-'
'n ~.~,__"1-"'''~'..,''; .,y;, -~ __ -" ''1"_ -
-,
ill
~,
'k"'. _",_"="""""'.,,,,__ _~.,
o
C-,
;-::-.
r;'; {!
-;;>'>
~'
,-,;:.
~~
):'
,~
~J'
~
", oM"
~, >""~~!,~!,, __,"~ ,,".., .~ "/1; ~, ,-- - _'1 :1f!~_~~-~:,,~,:,__,~, <ere.' 'J" >~l~-c" ,:_~~"':':":'~':":"~_' _ '-:;C<~~~~~~'ii~'i"_ -'~.,~\' . , i"";," J, .""'t'
-.-\
-~
, '1I1UTlll1,l' il"',
r::::)
C.
b
- i~1
,~<,j
, .
I
G
-".r-_j
,
"; '~~J
:~
, ~
nl
~,~'"
co)
CO
:,q
,,<.
--,.
Jh-~""'!!!'__ ';.1-~