HomeMy WebLinkAbout06-06-06 (2)
05/31/2005 23:43
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INRE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EST ATE OF LINWOOD B. PHILLIPS,
JR., Deceased
ALICE R. PHILLIPS,
Petitioner
ORPHANS' COURT DIVISION
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v.
NO. 21-06-0122
LINWOOD B. PHILLIPS, III,
Respondent
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JOINT STIPULATION
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Petitioner, Alice R. Phillips ("Petitioner"), by and through her attorneys, Neil W. Yahn,
Esquire of James, Smith, Dietterick & Connelly, LLP and Respondent, Linwood B. Phillips, lIT
("Respondent") by and through his attorneys, George B. Faller Jr., Esquire of Martson Deardorff
Williams & Otto, file this Joint Stipulation to defined the access over the property currently held
by the Estate of Linwood B. Phillips for the reasons as set forth herein.
1. Petitioner filed a Motion for Emergency Relief on May 30, 2006 (herein
"Motion") requesting the Respondent be enjoined from entering the "Property" as further
described in the attached Cumberland County Tax Map set forth as Exhibit "A" (the "Tax
Map").
2. In the Motion, the Petitioner requested the Court enjoin the Respondent from
accessing the Property to prevent harassment and in the interim the parties have agreed without
waiving any property rights thereto, that the Respondent will not access the Property as further
reflected in the marked areas on the attached Tax Map and the Petitioner will continue to adhere
to the boundaries as agreed with the Executor Robert Frey.
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3. The Respondent acknowledges and understands the zone marked will be offlimits
and any entrance thereon would be in violation of this Joint Stipulation thereby subjecting the
Respondent to charges of trespass.
4. The Respondent further agrees that he will not by any means of communications
device make, create, or initiate the transmission of any comment, request, suggestion, proposal,
image, or other communication which is obscene, lewd, lascivious, filthy, or indecent, with
intent to annoy, abuse, threaten, or harass the Petitioner or her immediate family.
5. The Respondent further agrees that he will not by any means use any optical
surveillance device (whether covert or not), including without limitation intended, the use of
binoculars or telescopes, in a secretive, continuous or periodic observation of the Petitioner or
her immediate family whether or not then recorded in a material form.
6. The Petitioner has further agreed without waiving any property rights thereto, that
she (and her immediate family) will not enter the Property outside the natural boundary of the
residence as previously agreed with the Executor of the Estate, Robert Frey on the Tax Map.
7. The Petitioner acknowledges and understands the zone marked will be off limits
and any entrance thereon would be in violation of this Joint Stipulation thereby subjecting the
Petitioner to charges of trespass.
8. Petitioner respectfully requests this Honorable Court acknowledge this Joint
Stipulation. C
JAMES, SM!~' TTERICK
& CONryELL Y,\~ P
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Neil Warner Y
Attorney lD. #8
P.O. Box 650
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By:
By:
ge . aller Jr., ESqUl
Attorney I.D. #49813
10 East High Street
Carlisle, PAl 7013
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