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HomeMy WebLinkAbout09-6602PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO: B - 660 2 CIVIL TERM CIVIL ACTION - LAW RONALD D. ANTHONY, Defendant IN DIVORCE NOTICE TO DEFEND 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 at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LINDSAY SAIDIS, LINDSAY A170w?ts nruw 26 West High Street Carlisle, PA Marylon t , Esquir Attorney Id. 919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff PATRICIA A. ANTHONY, Plaintiff V. RONALD D. ANTHONY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: CJ?-?a (o ??- CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is PATRICIA A. ANTHONY, an adult individual currently residing at 304 Kay Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is RONALD D. ANTHONY, an adult individual currently residing at, Apt. C - 3003, 555 Nanchange Lu, Shanghai, Peoples Republic of China, 200031. 3. The Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 8, 1996 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. The Plaintiff has been advised that counseling is available and that he/she SAIDIS, LINDSAY ATwRrg s nr uw 26 West High Street Carlisle, PA has the right to request that the court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 (c) or (d) of the Pennsylvania Divorce Code. COUNTI EQUITABLE DISTRIBUTION 12. The averments in paragraphs 1 through 10 are incorporated hereto as if fully forth herein. 13. During their marriage, the parties have acquired certain property, both person, and real. WHEREFORE, Plaintiff requests this Court to equitably divide the marital property. COUNT II SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 14. The averments in paragraphs 1 through 13 are incorporated hereto as if fully forth herein. 15. Plaintiff is unable to provide for her reasonable needs in the standard of li established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Penden SAIDIS, FLOWER & I ENDSY .?.tAW 26 West High Street Carlisle, PA Lite. COUNT III ATTORNEY'S FEES AND COSTS 16. The averments in paragraphs 1 through 15 are incorporated hereto as if fully forth herein. 17. Plaintiff is unable to sustain herself during the course of this litigation or to the necessary and reasonable attorney's fees and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. Respectfully submitted, SAIDIS, FLOWER & LINDSAY M ryl Mgt4, Esquire Attorney Id.' 919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: 1/30/09 Counsel for Plaintiff SAIDIS, FLOWER & LINDSAY ATIORN -AT LAW 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. PCZ?A-1? (q, PATRICIA A. ANTHONY Date: I /C)-? SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA A FILED-01" 'CE OF THE PRA? .NOTARY 2009 OCT -2 Pty 3: 14 FEINNrSYLVANiA ? 3 3 F-- 9A -------------- 0 pd "ffr kL It ,4? if .1,3 , q 6 r PATRICIA A. ANTHONY, Plaintiff RONALD D. ANTHONY, Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, PATRICIA A. ANTHONY, [select one by marling "x"] X prior to the entry of a Final Decree in Divorce, or - after the entry of a Final Decree in Divorce dated , hereby elects to resume the prior surname of PATRICA ANN REICH and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. Date: a o q IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE Gt?v ATRICIA A. ANTHONY Signature PATRICIA ANN REICH Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND )SS. On the 901 _day of 5P-V4e,r+-,6z_,i,- , 20q n before me, the Prothonotary or the FLOWER & LINDSAY A77UW?Y, -ATUw 26 West High Street Carlisle, PA notary public, personally appeared the above ffiant, PATRICIA A. ANTHONY known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and Official Seal. Prothonotary or Notary Public COMMON'NEALTH Of PENNSYLVANIA NOTARIAL SEAL MICHAEL McCORKLE. Notary Public Camp HIII Soro. :umoPrland County My CommissMOr Fxpir? a t)ec; `?, 2011 FILES-OHFICE OF THE PROTHONOTARY 2004 OCT -2 PM 3: 14 ;. PENNSYLVANIA c k l-- a G'/6a 4 o a3r?/d PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO: A W-6000 CIVIL TERM CIVIL ACTION - LAW RONALD D. ANTHONY, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Ronald D. Anthony, Defendant, accept service of the Divorce Complaint in the above-captioned matter. at RONALD D. ANTHONY SAWIS, FILOWER & LINDSAY uw 26 West High Street Carlisle, PA OCT 3 0 2A9 FLEDAYROE OF THE PR jT? ONOTARY 2449 NOY -5 PM 3' .:2 CUM , . -',UNTY r-e E''L".i''?NSUA W PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 2009-6602 CIVIL TERM CIVIL ACTION - LAW o RONALD D. ANTHONY, Defendant IN DIVORCE N W COMPREHENSIVE MARITAL SETTLEMENT AGREEMENT AND ADDENDUM 6 THIS AGREEMENT made this day of -• 010, BETWEEN RONALD ANTHONY, of China, hereinafter referred to a Husband, AND PATRICIA ANTHONY, of Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on, June 8, 1996, in Camp Hill, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County Commonwealth of Pennsylvania, to Number 2009-6602 Civil Term; and R.3: The parties entered into a Legal Separation and Partial Marital Settlement Agreement on January 22, 2009, a copy of which is attached hereto and incorporated herein by reference as Exhibit A; RA: The parties' Legal Separation and Partial Marital Settlement Agreement dated January 22, 2009 specifically reserved Wife's right to seek financial maintenance in the form of alimony pendente lite and alimony, preserved health insurance coverage for Wife paid by Husband in the event the parties seek out a divorce, and did not address the parties' tax status or tax debt. Therefore, the parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the claims for alimony, alimony pendente lite, Husband's health insurance coverage for Wife and the payment due, and the parties' tax status and debt due. R.5: The parties also desire to settle their issues of counsel fees and costs with regard to 1 the preparation of this Agreement, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. (2) EQUITABLE REIMBURSEMENT: Husband and Wife stipulate and agree that commencing the 1st month following the execution of this Agreement, Husband shall pay to Wife the sum of One Thousand Five Hundred ($1,500.00) Dollars per month for twenty-four (24) consecutive months, for a total payment of THIRTY-SIX THOUSAND DOLLARS AND 00/100 ($36,000.00). This determination of equitable reimbursement is contractual in nature, is non- modifiable, and is based upon Wife's waiver of interest in certain other marital property rights together with Husband's assumption of the parties' former joint debt included within the Agreement dated January 22, 2009. This grant of equitable reimbursement to Wife begins upon the first month after the date of execution of the Agreement and terminates only because of the expiration of the 24 month time period, or satisfaction of the payment in full. At the time of execution of this Agreement Wife receives payment from Husband pursuant to the parties' Legal Separation and Partial Marital Settlement Agreement, dated January 22, 2009. If at the date of execution of this Agreement, Husband is behind on payments pursuant to the Agreement dated January 22, 2009, Husband shall be obligated to 2 continue to make all payments to Wife owed on a continuing basis, plus begin the equitable reimbursement payments due herein. Husband shall make the payments due to Wife pursuant to the January 22, 2009 Agreement no later than 45 days after execution of this Agreement. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for financial maintenance pursuant to the January 22, 2009 Agreement shall accrue interest at the rate of 10% per annum. As of March 2010, Husband was in default and in breach of the January 22, 2009 Agreement for his failure to make payments due to Wife for January 2010, February 2010 and March 2010. Wife hereby agrees that the payments due to her pursuant to the January 22, 2009 Agreement shall be paid by Husband in a lump sum no later than 45 days after the date of execution of this Agreement. The parties agree that the entire amount being paid to Wife pursuant to this paragraph is not intended to be alimony, and therefore is not included in Wife's income and not tax deductible to Husband. This payment to Wife shall be paid from Husband directly to Wife on a monthly basis, to be received by the fifth day of each month. (3) MEDICAL INSURANCE: Pursuant to paragraph 13(b) of the parties Legal Separation and Partial Marital Settlement Agreement, dated January 22, 2009, Husband was directed to continue to maintain health insurance coverage for Wife through his employment with C.B. Richard Ellis, Inc. or any subsequent employer as long as the parties are married. Husband was directed to cooperate and assist Wife in utilizing said insurance coverage and processing any insurance claims. From the date of execution of the Agreement Husband failed to maintain health insurance coverage for Wife, in that Wife was not covered by Husband's health insurance through his employer, but had to seek out COBRA coverage at her own cost. The cost to Wife for the coverage, including out of pocket coverage and deductibles Husband should have paid 3 for the months from the date of execution of the January 22, 2009 Agreement to the date of execution of this Agreement is NINE THOUSAND FOUR HUNDRED TWENTY-FOUR DOLLARS AND 35/100 ($9,424.35). Husband shall reimburse Wife the total cost of by making payment to her at the rate of $1000 per month beginning with the month Agreement is executed, until the total is paid in full. Payments shall be made in nine (9) consecutive payments of $1000.00, with the final payment being $1,424.35. Payments shall be made by the first day of each month and shall be paid directly to Wife. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for health insurance shall accrue interest at the rate of 10% per annum. From the date of this Agreement forward, Husband and Wife shall each be responsible for the cost of any unreimbursed medical expenses for themselves for all medical, dental, eye, and/or any other health related costs, to include and not be limited to psychological and counseling expenses. Husband and Wife shall each maintain separate coverage for their own health insurance from the date of this Agreement forward. (4) INCOME TAX: A: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B: The parties filed joint returns for the 2007 and 2008, and have been notified by the IRS of tax deficiencies for failing to report income for 2007 and 2008 tax years. Husband 4 shall hold Wife harmless and indemnify her for all claims made against the parties by the IRS, US Treasury, PA Department of Revenue and any other tax collection agency for the tax filing from any and all states, countries, local municipalities or otherwise made for these years. Husband shall be responsible for making any and all payments due to all tax collection agencies in any amount for the tax years 2007, 2008 as requested by the tax collection agencies, including but not limited to the principal amount due, interest and penalty. Wife shall submit an "Innocent Spouse Form" to which Husband shall not deny; Husband shall file any other documents necessary to support Wife's claim of innocent spouse for these tax years. In addition, Husband shall bear the expense of the CPA cost outstanding due for the prior years' joint filings and all CPA costs outstanding for the tax assistance received by either party in the tax collection efforts of the IRS and Department of Revenue. The total cost for the Innocent Spouse Form was $200, which Wife has paid. Husband shall make payment to Wife within 15 days of execution of this Agreement. C: In the event the parties file a joint 2010 federal and/or Pennsylvania income tax return, Husband shall pay any deficiency due on the return(s). In the event the parties are due a refund, the parties shall divide any refund equally. In that event, Husband shall use his portion of the refund to make payment to Wife for Husband's obligations under paragraph 3 of this Agreement, for his medical insurance payments due to Wife. Husband shall bear the expense of preparing all joint tax returns for the 2010 tax year. The parties have used the services of Jim Holland, CPA, and anticipate charges of approximately $500 for tax preparation charges for the 2010 filing. (5) DEBTS: Husband failed to disclose the existence of an outstanding credit card balance due to Bank of America, in the approximate amount of $9,500.00, at the time the parties negotiated their Legal Separation Agreement referenced herein. Wife has maintained payment for the debt since execution of the prior Agreement. Husband shall be responsible for the amount due, making payment to Wife for her maintenance of the expense. Husband shall pay to Wife the 5 amount of $1,000.00 per month, payable in 9 consecutive months, with the final and 10th payment in the amount of $500.00. Each payment shall be made by the fifth day of each month and shall be made directly to Wife. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for the debt due shall accrue interest at the rate of 10% per annum. (6) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Wife is represented by Marylou Matas, Esquire, and, has been advised that she may be represented by counsel of choice. Husband has been advised that he may be represented by counsel of his choice. Husband has been advised of the right to retain an attorney; knowing that, he has elected to proceed without counsel Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. (7) LEGAL FEES: In the review and preparation of this Agreement, Husband shall contribute $1750 toward Wife's legal fees. Husband shall make payment to Wife within 45 days of execution of this Agreement. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for legal fees shall accrue interest at the rate of 10% per annum. (8) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 6 (9) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (10) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (11) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (11) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. 7 (12) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the 8 provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (13) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (14) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (15) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (16) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (17) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. 9 WITNESS: at RONALD D. ANTHONY` g ao o ??,r?di Date PATRICIA A. ANTHONY 10 ?- IfF. lop ,Y??tC?y??5? k n[3Y . H Awl `?' rt 1 ? 7b l § td :. ?< EFH,. ?. W Y x? ?..?,.. „............ .. as p?yy ¢¢ ?..--?bT. al gid hIRt.N;;iA DEL T i l'j`'_Ar z. t ANT HO, ,?, .{^,14 I x lwI T=•?} f Apr ..? ? LR ?++ r'?? T'?'?. i„ ?4? Vl ..'f Yt«? ? -.-- '?` ,??,:])1?? .TF.tb?'.g4.L ' l"?i`ylJylk ? tl? ` ?i{? `' TG ! t' ICA bxtp"?1(6t roci?«z lta 6-19 60 .?>,.•s-.-r h?'ll?lk??`U?l1Ll' ? * ? ??il?lilll??'`4. y5l,?'"?'',Vt,???"'? ? L` 'thy' ¦ ? ?y{ '?F'`1 ?? 9?t`.Vww-..`•- ?.AII.SSa????l??r'"7r ?l?V4 k_- -?? i r ,.. ? L'1 6.dt ?dlrrsif df a a3c }yru+ tr i,ult lcr ALIIxff i i? I [wi:? De parl?ne n I of State :j yy s= R.w+, ..rir. .?•"s ? !tE ?.7?.?'3/ .Fl'+/??Y,t?+ ?3 s'1"??f'F'i? f ? ?`^ 'Y W?'Eia;,rs ?? .s,: ? .'„+irv '?€ ?. ?",.*•-.''r?. ?.`q....w,L'**J6?`t??3.'fT?k.:Tw ?`?'A i?.-y - ?''?'3'°'' ?a?' ,i?rr,. NTH 71 t h t. rk"'.- s REPUBLIC OF CHINA On this day of , 2010, before me, the undersigned, personally appeared RONALD D. ANTHONY whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this day of Ail Q( i -? e , 2010, before me, the undersigned, personally appeared PATRICIA A. ANTHONY whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. A'h &LAJ Notary Public NOTARIAL A BARBARA E. STEEL, Notary Public Carlisle Boro, Cumberland County, PA M Commission Ex ires June 7, 2011 11 LEGAL SEPARATION AND PARTIAL MARITAL SETTLEMENT AGREEMENT n.1p, THIS AGREEMENT, made this ? day of 2009, by and between Patricia Anthony, (hereinafter "WIFE") and Ronald Anthony, (hereinafter "HUSBAND"); WITNESSETH: WHEREAS, the parties hereto were married on June S, 1996, in Camp Hill, Pennsylvania; and separated on January 20 2009; and WHEREAS, the parties have no children of this marriage; and WHEREAS, HUSBAND is moving to China and WIFE is remaining in Cumberland County, Pennsylvania and the parties desire to enter in to a binding legal separation agreement now that they will be living separate and apart and the parties are desirous of forever settling certain economic and other rights and obligations between each other as set forth below. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. Each party acknowledges that he or she each had the opportunity to have the provisions of this Agreement and their legal effect fully explained to the parties by legal counsel of his or her own choosing. WIFE is represented by Joanne Harrison Clough, Esquire of Camp Hill. HUSBAND has been advised of his right to be represented by legal counsel but has elected to represent himself in the negotiation and the execution of this Agreement. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain counsel and/or such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. LEGAL SEPARATION. The parties acknowledge that they shall be considered legally separated as of January 20, 2009 and that said date shall be considered their legal separation date in any subsequent Divorce Action that maybe filed. In the event a Divorce Action is filed, this Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 5. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 2 6. REAL PROPERTY. Husband and Wife do not own any real property that is marital property subject to equitable distribution. HUSBAND and WIFE specifically acknowledge that WIFE solely owns the real property located at 304 Kay Road, Mechanicsburg, PA 17050 and that said property is non marital property and was acquired by WIFE prior to this marriage. HUSBAND forever waives any right, title, claim or interest in said real property or the increase in value of said property. 7. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. a. DEBT ACQUIRED BY HUSBAND: HUSBAND specifically acknowledges that he has incurred the following debts during the course of the marriage without WIFE'S knowledge or consent and HUSBAND further agrees he shall be solely and individually responsible for said debt and indemnify WIFE and hold her harmless on said obligations and said debt shall forever be considered the non marital debt of HUSBAND: a. Citibank account no. 380279-380584 approx. balance ' $10,373.00 b. Citi Card account no. 54661600 7348 2950 approx. balance $ 7,303.81 c. American Express account no. 3713 1224 9031006 approx. balance $ 4382.77 3 8. RETIREMENT BENEFITS. a. WIFE's IBM 401K HUSBAND and WIFE specifically acknowledge that WIFE has a 401K retirement account acquired during her employment with IBM. HUSBAND hereby waives his right, title and interest to any of WIFE's 401K or any other pension and/ or retirement and any and all other retirement benefits whatsoever, and said asset shall be considered non marital property in the event of a divorce. b. HUSBAND'S RETIREMENT WITH C.B. RICHARD ELLIS INC. HUSBAND and WIFE specifically acknowledge that HUSBAND has certain retirement benefits he has acquired during his employment with C.B. Richard Ellis, Inc. WIFE hereby waives her right, title and interest to any of HUSBAND's retirement with C.B. Richard Ellis, Inc. or any other pension and/or retirement and any and all other retirement benefits whatsoever, and said asset shall be considered non marital property in the event of a divorce. 9. BANK ACCOUNTS. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 10. LIFE INSURANCE. HUSBAND agrees to maintain WIFE as the irrevocable beneficiary of any life insurance policy he now has or may acquire as long as the parties remain HUSBAND and WIFE so long as the parties remain married. In the event that WIFE subsequently files for divorce, then WIFE shall waive any and all right, title, claim or interest in any of HUSBAND's life insurance policies. 11. PERSONAL PROPERTY. The parties hereto mutually agree that in the event they divorce they will divide all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. 12. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that 4 party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 13. SPOUSAL SUPPORT, HEALTH INSURANCE AND ALIMONY PENDENTE LITE. a. SPOUSAL MAINTENANCE AND SUPPORT HUSBAND and WIFE acknowledge that WIFE is unable to work due to her medical condition and disability. HUSBAND and WIFE further agree that HUSBAND shall pay to WIFE the sum of One Thousand Dollars ($1,000.00) per month for her maintenance and support until the parties are divorced or reconcile and that said sum shall not be deemed taxable income to WIFE or deductible to HUSBAND for income tax purposes. b. HEALTH INSURANCE COVERAGE FOR WIFE: HUSABAND and WIFE specifically agree that HUSBAND shall continue to maintain health insurance coverage for WIFE through his employment with C.B. Richard Ellis, Inc. or any subsequent employer as long as the parties are married. HUSBAND shall provide WIFE with health insurance cards and cooperate and assist her in utilizing said insurance coverage and processing any insurance claims. HUSBAND also agrees that WIFE shall have the legal right to contact said insurer(s) and to receive any insurance reimbursement monies related to her medical expenses and care. HUSBAND and WIFE specifically agree that WIFE is preserving her right to seek alimony pendente lite and alimony in the event the parties subsequently seek a divorce. 14. WIFE'S DISABILITY CLAIM 5 The parties specifically acknowledge that WIFE is disabled and is in the process of pursuing an appeal of the denial of her Social Security Disability Claim. HUSBAND and WIFE agree that in the event WIFE is successful in securing a disability determination from the Social Security Administration any past, present or future disability award and payments to WIFE are to be WIFE'S sole and separate property and HUSBAND forever waives any right, title, claim or interest thereto. 15. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses associated with the preparation of this Agreement. 16. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 17. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 18. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in lava or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 19. APPLICABLE LAW AND JURISDICTION. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. HUSBAND and WIFE specifically agree that Pennsylvania shall be the divorce jurisdiction for any subsequent divorce that may be filed by either party. 20. ENTIRE AGREEMENT. 6 This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 21. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. 22. SUBSEQUENT RECONCILIATION. This Agreement shall remain valid survive any subsequent reconciliation, and reconciliation followed by subsequent separation of the parties unless revoked in writing by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. Patricia Anthony WIFE Ronald Anthony USBAND 7 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF 2009, before me a Notary (99-Pi Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Patricia Anthony, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. -??--?-? K jla? - Notary P 0 lic My Commission Expires: ?'- COMMONKAL111 W PLNNSYI_VANJA NOTARIAL SEAL CHERYL. R. GARMAN, NatarV ftbiic Camp Hill Born, Cumberland County M Comm1SS0rrvnirPF k4ay 20, 2012 8 L COMMONWEALTH OF PENNSYLVANIA / /? : SS. COUNTY OF ?v v J?e C - On the day of '-T? o a i? 2009, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Ronald Anthony, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Nota u c My mmission Expires: C?'/ ?`- L.?N?Iii?Ydl:.ilt,i SEAL ? ?? ?Ys?t11T11? •lnr ? »j)If?c nfi??j ?? ?(??L r 9 PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 2009-6602 CIVIL TERM CIVIL ACTION - LAW RONALD D. ANTHONY, ems' Defendant IN DIVORCE r• PLAINTIFF'S AFFIDAVIT OF CONSENT t.1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed October 2, _s 2009. - 2:. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false staterents herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: PATRICIA A. ANTHONY PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER§ 3301 (c) OF THE DIVORCE CODE 1 . I consent to the entry of a final Decree of Divorce without notice. 2. 1 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 SAIDIS, and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. FLOWER & LINDSAI I verify that the statements made in this Affidavit are true and correct to the best of m u=mmKS? i?. ;i•ioc y y `Sri IjiLh Sin „r- i'? knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: PATRICIA A. ANTHONY PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYL NNW V. NO: 2009-6602 CIVIL TERM CIVIL ACTION - LAW S 3)G RONALD D. ANTHONY, ?r Defendant IN DIVORCE o- P, ca 3 ?? DEFENDANT'S AFFIDAVIT OF CONSENT 1 • A Complaint in Divorce under § 3301(c) of the Divorce Code was file--# 061ilber 4 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in 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 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. 4904 relating to unswom falsification to authorities. Date: 5 / Zo ( _ ONAL D. ANT ONY? I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 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 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. 4904 relating to unswom falsification to authorities. Date: 5 / 2U1t ?RONALD ANTHON FILED-O iC[ ?. 20 11 MAY -6 PPS 3; 33 CUMBERLAND COUNT'f PATRICIA W, AW' A Plaintiff V. RONALD D. ANTHONY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on October 13, 2009, by regular mail. Proof of service was filed with the Court on November 5, 2009. 3. Date Affidavit of Consent required under Section 3301(c) or (d) of the Divorce Code was signed: By Plaintiff: August 10, 2010 and filed with the Prothonotary on August 23, 2010. By Defendant: May 1, 2011 and filed with the Prothonotary on May 6, 2011. 4. Related claims pending: Resolved by the Marital Settlement Agreement dated August 20, 2010. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 By Plaintiff: August 10, 2010 and filed with the Prothonotary on August 20, 2010. By Defendant: May 1, 2011 and filed with the Prothonotary on May 6, 2011. SAIDIS, SULLIVAN & ROGERS /v Maryl s, Esqu V4 Supreme rt ID No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: 5/??1? Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF PATRICIA A. ANTHONY CUMBERLAND COUNTY, PENNSYLVANIA V. RONALD D. ANTHONY NO. 2009-6602 DIVORCE DECREE plaintiff, and AND NOW, l/ , it is ordered and decreed that PATRICIA A ANTHO Y RONALD D. ANTHONY bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Addendum dated August 20, 2010 is incorporated, but not merged, into this Decree in Divorce. By the Court, Attest: J. Prothonotary s?io?t?- (.;+°rf Ccpy MOLiled 4c) try k Ah& No*ee 4,o' py nDLL' La d * de l 0 PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW=- ` RONALD D. ANTHONY, rnuo t : Defendant/Respondent IN DIVORCE -? - W+rv C? Sm, ' ?"? -: , C: - PETITION FOR SPECIAL RELIEF . r it AND NOW, comes Patricia A. Anthony, by and through her counsel Marylou Matas, Esquire, of Saidis, Sullivan & Rogers and petitions this Honorable Court as follows: 1. Ronald D. Anthony, (hereinafter "Respondent"), and Patricia A. Anthony, Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 hereinafter "Petitioner"), were married on June 8, 1996 in Camp Hill, Pennsylvania. 2. Parties separated on January 20, 2009 when Respondent moved to China. 3. Parties entered into a Legal Separation and Partial Marital Settlement Agreement on January 22, 2009, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". i 4. Paragraph 13(a) of the 2009 Marital Settlement agreement provides as follows: HUSBAND and WIFE acknowledge that WIFE is unable to work due to her medical condition and disability. HUSBAND and WIFE further agree that HUSBAND shall pay to WIFE the sum of One Thousand Dollars ($1,000.00) per month for her maintenance and support until the parties are divorced or reconcile and that said sum shall not be deemed taxable income to WIFE or deductible to HUSBAND for income tax purposes. 5. Respondent failed and refused to comply with the parties' Agreement, in that he failed to make payments consistently to Petitioner from the date of the January 22, 2009 Agreement through the date of the parties' divorce. 6. Paragraph 13(b) of the 2009 Marital Settlement Agreement provides as follows: HUSBAND and WIFE specifically agree that HUSBAND shall continue to maintain health insurance coverage for WIFE through his employment with CB. Richard Ellis, Inc. or any subsequent employer as long as the parties are married. HUSBAND shall provide WIFE with health insurance cards and cooperate and assist her in utilizing said insurance coverage and processing any insurance claims. HUSBAND also agrees that WIFE shall have the legal right to contact said insure(s) and to receive any insurance reimbursement monies related to her medical expenses and care. 7. Respondent failed and refused to comply with the parties' Agreement, in that lie failed to maintain health insurance on Petitioner as required by the 2009 Marital Agreement. The parties were divorced by decree on May 10, 2011, a copy of which is attached hereto as Exhibit "B". 9. On August 20, 2010, the parties executed a Marital Settlement Agreement and Addendum, a copy of which is attached hereto and incorporated herein by reference as Exhibit "C". 10. The parties' Marital Settlement Agreement and Addendum incorporates their January 22, 2009 Legal Separation and Partial Marital Settlement Agreement. IL The parties' decree in divorce incorporates the terms of the parties' Marital Settlement Agreement and Addendum dated August 20, 2010. 12. Paragraph 2 of the Marital Settlement Agreement and Addendum provides as Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 follows: EQUITABLE REIMBURSEMENT: Husband and Wife stipulate and agree that commencing the Is` month following the execution of this Agreement, Husband shall pay to Wife the sum of One Thousand Five Hundred ($1,500.00) Dollars per month for twenty-four (24) consecutive months, for a total payment of THIRTY-SIX THOUSAND DOLLARS AND 00/100 ($36,000.00). This determination of equitable reimbursement is contractual in nature, is non-modifiable, and is based upon Wife's waiver of interest in certain other marital property rights together with Husband's assumption of the parties' former joint debt included within the Agreement dated January 22, 2009. This grant of equitable reimbursement to Wife begins upon the first month after the date of execution of the Agreement and terminates only because of the expiration of the 24 month time period, or satisfaction of the payment in full. At the time of execution of this Agreement Wife receives payment from Husband pursuant to the parties' Legal Separation and Partial Marital Settlement Agreement, dated January 22, 2009. If at the date of execution of this Agreement, Husband is behind on payments pursuant to the Agreement dated January 22, 2009, Husband shall be obligated to continue to make all payments to Wife owed on a continuing basis, plus begin the equitable reimbursement payments due herein. Husband shall make the payments due to Wife pursuant to the January 22, 2009 Agreement no later than 45 days after execution of this Agreement. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for financial maintenance pursuant to the January 22, 2009 Agreement shall accrue interest at the rate of 10% per annum. As of March 2010, Husband was in default and in breach of the January 22, 2009 Agreement for his failure to make payments due to Wife for January 2010, February 2010 and March 2010. Wife hereby agrees that the payments due to her pursuant to the January 22, 2009 Agreement shall be paid by Husband in a lump sum no later than 45 days after the date of execution of this Agreement. The parties agree that the entire amount being paid to Wife pursuant to this paragraph is not intended to be alimony, and therefore is not included in Wife's income and not tax deductible to Husband. This payment to Wife shall be paid from Husband directly to Wife on a monthly basis, to be received by the fifth day of each month. 13. Respondent has failed and refused to comply with the parties' Agreement, in that he has failed and refused to make the payments to Petitioner as provided and agreed pursuant to paragraph 2 of the Marital Settlement Agreement and Addendum. 14. At the time of execution of the Agreement in August 2010, Respondent had been in breach of the 2009 Agreement for his failure to make payments to Petitioner in the $1,000 monthly amounts for the months of January 2010 through August 2010. 15. Respondent has failed and refused comply with the terms of the Marital Settlement Agreement and Addendum, in that he has failed and refused to make the lump sum Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 payment to Petitioner in the amount of $8,000.00, due no later than November 25, 2010. 16. Respondent has failed and refused comply with the terms of the Marital Ii Settlement Agreement and Addendum, in that he has failed and refused to make the monthly i $1,500 payments to Petitioner for equitable reimbursement, since execution of the agreement. 17. Paragraph 3 of the parties' Marital Settlement Agreement and Addendum Ii provides as follows: i MEDICAL INSURANCE: Pursuant to paragraph 13(b) of the parties Legal Separation and Partial Marital Settlement Agreement, dated January 22, 2009, Husband was directed to continue to maintain health insurance coverage for Wife through his employment with C.B. Richard Ellis, Inc. or any subsequent employer as long as the parties are married. Husband was directed to cooperate and assist Wife in utilizing said insurance coverage and processing any insurance claims. From the date of execution of the Agreement Husband, failed to maintain health insurance coverage for Wife, in that Wife was not covered by Husband's health insurance through his employer, but had to seek out COBRA coverage at her own cost. The cost to Wife for the coverage, including out of pocket coverage and deductibles Husband should have paid for the months from the date of execution of the January 22, 2009 Agreement to the date of execution of this Agreement is NINE THOUSAND FOUR HUNDRED TWENTY-FOUR DOLLARS AND 351100 ($9,424.35). Husband shall reimburse Wife the total cost of by making payment to her at the rate of $1000 per month beginning with the month Agreement is executed, until the total is paid in full. Payments shall be made in nine (9) consecutive payments of $1000.00, with the final payment being $1,424.35. Payments shall be made by the first day of each month and shall be paid directly to Wife. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for health insurance shall accrue interest at the rate of 10% per annum. From the date of this Agreement forward, Husband and Wife shall each be responsible for the cost of any unreimbursed medical expenses for themselves for all medical, dental, eye, and/or any other health related costs, to include and not be limited to psychological and counseling expenses. Husband and Wife shall each maintain separate coverage for their own health insurance from the date of this Agreement forward. 18. Respondent failed and refused to comply with the terms of the Marital Settlement Agreement and Addendum, in that he has failed and refused to make payments to Petitioner in the monthly amounts due pursuant to paragraph 3 of the Agreement. 19. Paragraph 4(b) of the parties' Marital Settlement Agreement and Addendum Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 provides in part as follows: "Husband shall be responsible for making any and all payments due to all tax collection agencies in any amount for the tax years 2007, 2008 as requested by the tax collection agencies, including but not limited to the principal amount due, interest and penalty. Wife shall submit an "Innocent Spouse Form " to which Husband shall not deny; Husband shall file any other documents necessary to support Wife's claim of innocent spouse for these tax years. In addition, Husband shall bear the expense of the CPA cost outstanding due for the prior years' joint filings and all CPA costs outstanding for the tax assistance received by either party in the tax collection efforts of the IRS and Department of Revenue. The total cost jor the Innocent Spouse Form was $200, which Wife has paid. Husband shall make payment to Wife within 15 days of execution of this Agreement. " 20. Respondent has failed and refused to comply with the terms of the parties' Agreement, in that he has failed to reimburse Petitioner for the $200 due for the Innocent Spouse form, due no later than 15 days after execution of the Agreement. 21. Paragraph 4(c) of the parties' Marital Settlement Agreement and Addendum provides in part as follows: "Husband shall bear the expense of preparing all joint tax returns for the 2010 tax year. The parties have used the services of Jim Holland, CPA, and anticipate charges of approximately $500 for tax preparation charges for the 2010 filing. " 22. Petitioner made payment for the CPA charges for the 2010 tax year; Respondent has failed and refused to comply with the terms of the parties Agreement, in that he has failed to reimburse Petitioner for the $500 due for the CPA charges. 23. Paragraph 5 of the parties' Marital Settlement Agreement and Addendum provides as follows: DEBTS: Husband failed to disclose the existence of an outstanding credit card balance due to Bank of America, in the approximate amount of $9,500. 00, at the time the parties negotiated their Legal Separation Agreement referenced herein. Wife has maintained payment for the debt since execution of the prior Agreement. Husband shall be responsible for the amount due, making payment to Wife for her maintenance of the expense. Husband shall pay to Wife the amount of $1,000.00 per month, payable in 9 consecutive months, with the final and 10 " payment in the amount of $500.00. Each payment shall be made by the fifth day of each month and shall be made directly to Wife. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for the debt due shall accrue interest at the rate of 10% per annum. 24. Respondent has failed and refused to comply with the terms of the parties' Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Agreement, in that he has failed and refused to make payments to Petitioner in compliance with paragraph 5 of the Agreement. 25. Paragraph 7 of the Marital Settlement Agreement and Addendum provides as follows: LEGAL FEES: In the review and preparation of this Agreement, Husband shall contribute $1750 toward Wife's legal fees. Husband shall make payment to Wife within 45 days of execution of this Agreement. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum ¦ not paid by Husband hereunder due for legal fees shall accrue interest at the rate of 10% per annum. 26. Respondent has failed and refused to comply with the terms of the parties' Agreement, in that he has failed and refused to make payment for the legal fees he obligated himself to pay. 27. As.per the 2010 Marital Agreement, interest at the rate of 10% per annum accrued on: the unpaid support payments required under the 2009 Marital Agreement; the equitable reimbursement payments required under the 2010 Agreement, paragraph 2; the amount Petitioner spent on securing health insurance; the amount Petitioner paid on the outstanding credit card debt; and Petitioner's legal expenses. As of May 2012, seventeen months after the execution of the 2010 Marital Agreement, Respondent's total interest payment is $5,017.98 Dollars. 28. Respondent continues to be employed by CB Richard Ellis Property Consultants, Ltd, Shanghai earning an approximate salary of $130,000.00. 29. Petitioner's only source of income is social security disability; she anticipates the monthly payments from Respondent to assist with her monthly expenses. 30. Respondent is a beneficiary to his mother's estate, who died on or about December 23, 2011. 31. Pursuant to the Mother's will, Respondent has inherited a one-quarter interest Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 in her estate. The Mother's estate includes real estate located at 1810 Lambs Gap Road, Mechanicsburg, which the beneficiary's intend to sell. Petitioner believes that Respondent's interest in the real estate, when received, satisfy the debt owed to her. Respondent's Mother's will is attached as Exhibit "D". i 31. As recently as March 14, 2012, Respondent recognized his debt owed to Petitioner. Respondent has emailed his acknowledgment of the debt due to Petitioner on various occasions. A copy of the email correspondences from Respondent from January 16, 2012 and March 14, 2012 are attached hereto as Exhibit "E" and Exhibit 'T" respectively. 32. Respondent's total amount owed to Petitioner, including interest, is $70,392.33. 33. Petitioner had to hire counsel to pursue this matter, at the rate of $225.00 per hour. 34. Paragraph 15 of the parties' 2010 Martial Agreement states: "In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. " 35. Respondent has failed to comply with the terms of the agreement and Petitioner requests that he be responsible for counsel fees and costs incurred in the pursuit of this Petition. 36. Respondent has previously appeared pro se in the divorce action. 37. A copy of this Petition has been provided to Responded and he does not Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 concur with the relief requested. I • 1 WHEREFORE, Petitioner requests your Honorable Court to find Respondent in contempt of the parties' Marital Settlement Agreement and Addendum, and the Legal Separation and Partial Marital Settlement Agreement, and Order as follows: 1. Direct Respondent to be responsible for all outstanding payments due to Petitioner; 2. Direct Respondent to be responsible for Petitioner's counsel fees and costs; 3. Direct that Respondent's wages be attached for payment; 4. Direct that Respondent's share of his mother's estate be attached for distribution to Petitioner; 5. All other sanctions as appropriate. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Date: S&/12 Marylou , Esquire ID No. 849 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Patricia A. Anthony Date: 5 6 112 PATRICIA A. ANTHONY, Plaintiff/Petitioner V. RONALD D. ANTHONY, Defendant/ Respondent CERTIFICATE OF SERVICE On this day of , 2012, I, Marylou Matas, Esquire, of the law firm of SAIDIS, SULLIVAN & ROGERS hereby certify that on this date a copy of the attached document was served on the following individual, via email and first class mail postage prepaid, addressed as follows: Law Offices of Sa.idis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Ron Anthony Number 17 Hua Ting Road Building 2 Apartment 201 Xu Hui District Shanghai 200031 PRC Email: ron.anthony@cbre.com.cn; ranthonygfacilitycenterchina.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE SAIDIS, SULLIVAN & ROGERS CCV, C Ati Q J Maryld'tr-Ma Esquire Supreme Co D No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 LEGAL SEPARATION AND PARTIAL MARITAL SETTLEMENT AGREEMENT 'A, THIS AGREEMENT, made this a )- day of 2009, by and between Patricia Anthony, (hereinafter "WIFE") and Ronald Anthony, (herenafter "HUSBAND"); WITNESSETH: WHEREAS, the parties hereto were married on June 8, 1996, in Camp Hill, Pennsylvania; and separated on January 20 2009; and WHEREAS, the parties have no children of this marriage; and WHEREAS, HUSBAND is moving to China and WIFE is remaining in Cumberland County, Pennsylvania and the parties desire to enter in to a binding legal separation agreement now that they will be living separate and apart and the parties are desirous of forever settling certain economic and other rights and obligations between each other as set forth below. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: :l. ADVICE OF COUNSEL. Each party acknowledges that he or she each had the opportunity to have the provisions of this Agreement and their legal effect fully explained to the parties by legal counsel of his or her own choosing. WIFE is represented by Joanne Harrison Clough, Esquire of Camp Hill. HUSBAND has been advised of his right to be represented by legal counsel but has elected to represent himself in the negotiation and the execution of this Agreement. 'The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain counsel and/or such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 7-V7 LEGAL SEPARATION. The parties acknowledge that they shall be considered legally separated as of January 20, 2009 and that said date shall be considered their legal separation date in any subsequent Divorce Action thatmay be filed. In the event a Divorce Action is filed, this Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution"and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 5. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other _in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage h-i any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 2 6. REAL PROPERTY. Husband and Wife do not own any real property- that is marital property subject to equitable distribution. HUSBAND and WIFE specifically acknowledge that WIFE solely owns the real property located at 304 Kay Road, Mechaiucsburg, PA 17050 and that said property is non marital property and was acquired by WIFE prior to this marriage. HUSBAND forever waives any right, title, claim or interest hi said real property or the increase in value of said property. 7. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for Which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. a. DEBT ACQUIRED BY HUSBAND: HUSBAND specifically acknowledges that he has incurred the following debts during the course of the marriage without WIFE'S knowledge or consent and HUSBAND further agrees he shall be solely and individually responsible for said debt and indemnify WIFE and hold her harmless on said obligations and said debt shall forever be considered the non marital debt of HUSBAND: a. Citibank account no. 380279-380584 approx. balance ' $10,373.00 b. Cit Card account no. 54661600 7348 2950 approx. balance $ 7,303.81 c. American Express account no. 3713 1224 9031006 approx. balance $ 4382.77 b. RETIREMENT BENEFITS. a. WIFE's IBM 401K HUSBAND and WIFE specifically acknowledge that WIFE has a 401K retirement account acquired during her employment with IBM. HUSBAND hereby waives his right, title and interest to any of WIFE's 401K or any other pension and/ or retirement and any and all other retirement benefits whatsoever, and said asset shall be considered non marital property in the event of a divorce. h. HUSBAND'S RETIREMENT WITH C.B. RICHARD ELLIS INC. HUSBAND and WIFE specifically acknowledge that HUSBAND has certain retirement benefits he has acquired during his employment with C.B. Richard Eliis, Inc. WIFE hereby waives her right, title and interest to any of HUSBAND's retirement with C.B. Richard Ellis, Inc. or any other pension and/or retirement and. any and all other retirement benefits whatsoever, and said asset shall be considered non marital property in the event of a divorce. 9. BANK ACCOUNTS. The bank accounts held solely in individual names shall become the sole. and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. LIFE INSURANCE. -HUSBAND agrees to maintain WIFE as the irrevocable beneficiary of any life insurance policy he now has or may acquire as long as the parties remain HUSBAND and WIFE so long as the parties remain married. In the event that WIFE subsequently files for divorce, then WIFE shall waive any and all right, title, claim or interest in any of HUSBAND's life insurance policies. 11. PERSONAL PROPERTY. The parties hereto mutually agree that in the event they divorce they will divide all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. L. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that 4 part), party pursuant to the provisions of this Agreement, the for the benefit of the other debtor spouse hereby- waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law-) to any property remaining in the debtor as a defense to any clairn made pursuant hereto by the creditor-spouse as set forth herein, including all attornev fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right -to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 13. SPOUSAL SUPPORT, HEALTH INSURANCE AND ALIMONY PENDENTE LITE. a. SPOUSAL MAINTENANCE AND SUPPORT HUSBAND and WIFE acknowledge that WIFE is unable to work due to her medical condition and disability. HUSBAND and WIFE further agree that HUSBAND shall pay to WIFE the sum of One Thousand Dollars ($1,000.00) per month for her maintenance and support until the parties are divorced or reconcile and that said sum shall not be deemed taxable income to WIFE or deductible to HUSBAND for income tax purposes. b. HEALTH INSURANCE COVERAGE FOR WIFE: HLISABAND and WIFE specifically agree that HUSBAND shall continue to maintain health insurance coverage for WIFE through his employment with C.B. Richard Ellis, Inc. or an), subsequent employer as long as the parties are married. HUSBAND shall provide WIFE with health insurance cards and cooperate and assist her in utilizing said insurance coverage and processing any insurance claims. HUSBAND also agrees that WIFE shall have the legal right to contact said insurer(s) and to receive any insurance reimbursement monies related to her medical expenses and care. HUSBAND and WIFE specifically agree that WIFE is preserving her right to seek alimony pendente lite and alimony in the event the parties subsequently seek a divorce. 14. h'IFE'S DISABILITY CLAIM --he parties specifically aclanowledge that WIFE is disabled and is M the process of pursuing an appeal of the denial of her Social Security Disability Claim. HUSBAND and WIFE agree that in the event WIFE is successful in securing a disability determination from the Social Security Administration any past, present or future disability award and payments to WIFE are to be '\?7I17E'S sole and separate property and HUSBAND forever waives any right, title, claim or interest thereto. 15. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses associated with the preparation of this Agreement. 16. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or -,n7rongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 17. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 18. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void, or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 19. APPLICABLE LAW AND JURISDICTION. This Agreement shall be construed under the laws of the Commonwealth of Pennsvlvania. HUSBAND and WIFE specifically agree that Peia is3dvania shall be the divorce jurisdiction for any subsequent divorce that may be filed by either party. 20. ENTIRE AGREEMENT. 6 This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertaku-igs other than those expressly set forth herein. 21. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolvuzg any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. 22. SUBSEQUENT RECONCILIATION. This Agreement shall remain valid survive any subsequent reconciliation, and reconciliation followed by subsequent separation of the parties unless revolted in writing by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. )NIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. Patricia Anthony WIFE Ronald Anthony IUBAND 7 COMMONA^TEALTH OF PENNSYLVANIA SS. COUNTY OF ? j/'J On the day of r J 2009, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Patricia Anthony, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notary P, Iic ?r My Commission Expires: C,0h 10NWLAL1 b- Uf PciINS 4'L19AR NOTARA SEkL CiFERYL R. GAffiMAKKII, NaAWr-V Pub ic. ? Gamy, Hill Borc, Cumbeerland County yrk? ?t3y Lommiwsl r? ="Nnt?a{ ?Aay 20, 2012 8 COMMONI/VEALTH OF PENNSYLVANIA SS. : COUNTY OF cvu-/3'-'r?"°tj On the day of .T??q Li i Lt J 2009, before me, a Notary Public in and for the CommornA ealth of Pennsylvania, the undersigned officer, personally appeared Ronald Anthony, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he aclazowledges the foregoing instrument to be l-Lis free act: and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Noi My Expires: p ?.()??(?v{?+AUL%-ii,.•I I1 lAl a"!._itll4?i?tLV'k• -JJE ?` L V. liki'MAK W'3t I puiak n3 lj': ft+ 5)C ' .','U MiWiafid :?sYi)Tnl 7inr ?[i?If?? VIM 20, ?'?tLl 4 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA A. ANTHONY V. RONALD D. ANTHONY : NO. 2009-6602 DIVORCE DECREE AND NOW, May 1 2011 it is ordered and decreed that PATRICIA A. ANTHONY plaintiff, and RONALD D. ANTHONY defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente.lite.if any.economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to -this action for which a final order has not yet been entered. Those claims are as follows: (if no claims remain indicate "None.") The terms of the Comprehensive Marital Settlement Agreement and Addendum dated August 20, 2010 is incorporated, but not merged, into the Decree in Divorce. Certified Copy Issued: May 10, 2011 Date By the Court, A1hort H Maalancl Attest: J, 7 Prothonotary PATRICIA A. ANTHONY, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO: 2009-6602 CIVIL TERM CIVIL ACTION - LAW RONALD D. ANTHONY, Defendant IN DIVORCE - COMPREHENSIVE MARITAL SETTLEMENT AGREEMENT AND ADDENDUM THIS AGREEMENT made this day of - 2010, BETWEEN RONALD ANTHONY, of China, hereinafter referred to s Husband, AND PATRICIA ANTHONY, of Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: IRA: The parties hereto are husband and wife, having been joined in marriage on, June 8, 1996, in Camp Hill, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County Commonwealth of Pennsylvania, to Number 2009-6602 Civil Term; and R.3: The parties entered into a Legal Separation and Partial Marital Settlement Agreement on January 22, 2009, a copy of which is attached hereto and incorporated herein by reference as Exhibit A; RA: The parties' Legal Separation and Partial Marital Settlement Agreement dated January 22, 2009 specifically reserved Wife's right to seek financial maintenance in the form of alimony pendente cite and alimony, preserved health insurance coverage for Wife paid by Husband in the event the parties seek out a divorce, and did not address the parties' tax status or tax debt. Therefore, the parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the claims for alimony, alimony pendente cite, Husband's health insurance coverage for Wife and the payment due, and the parties' tax status and debt due. R.5: The parties also desire to settle their issues of counsel fees and costs with regard to I the preparation of this Agreement, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. (2) EQUITABLE REIMBURSEMENT: Husband and Wife stipulate and agree that commencing the 151 month following the execution of this Agreement, Husband shall pay to Wife the sum of One Thousand Five Hundred ($1,500.00) Dollars per month for twenty-four (24) consecutive months, for a total payment of THIRTY-SIX THOUSAND DOLLARS AND 00/100 ($36,000.00). This determination of equitable reimbursement is contractual in nature, is non- modifiable, and is based upon Wife's waiver of interest in certain other marital property rights together with Husband's assumption of the parties' former joint debt included within the Agreement dated January 22, 2009. This grant of equitable reimbursement to Wife begins upon the first month after the date of execution of the Agreement and terminates only because of the expiration of the 24 month time period, or satisfaction of the payment in full. At the time of execution of this Agreement Wife receives payment from Husband pursuant to the parties' Legal Separation and Partial Marital Settlement Agreement, dated January 22, 2009. If at the date of execution of this Agreement, Husband is behind on payments pursuant to the Agreement dated January 22, 2009, Husband shall be obligated to 2 continue to make all payments to Wife owed on a continuing basis, plus begin the equitable reimbursement payments due herein. Husband shall make the payments due to Wife pursuant to the January 22, 2009 Agreement no later than 45 days after execution of this Agreement. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for financial maintenance pursuant to the January 22, 2009 Agreement shall accrue interest at the rate of 10% per annum. As of March 2010, Husband was in default and in breach of the January 22, 2009 Agreement for his failure to make payments due to Wife for January 2010, February 2010 and March 201C. Wife hereby agrees that the payments due to her pursuant to the January 22, 2009 Agreement shall be paid by Husband in a lump sum no later than 45 days after the date of execution of this Agreement. The parties agree that the entire amount being paid to Wife pursuant to this paragraph is not intended to be alimony, and therefore is not included in Wife's income and not tax deductible to Husbanc. This payment to Wife shall be paid from Husband directly to Wife on a monthly basis, to be received by the fifth day of each month. (3) MEDICAL INSURANCE: Pursuant to paragraph 13(b) of the parties Legal Separation and Partial Marital Settlement Agreement, dated January 22, 2009, Husband was directed to continue to maintain health insurance coverage for Wife through his employment with C.B. Richard Ellis, Inc. or any subsequent employer as long as the parties are married. Husband was directed to cooperate and assist Wife in utilizing said insurance coverage and processing any insurance claims. From the date of execution of the Agreement Husband failed to maintain health insurance coverage for Wife, in that Wife was not covered by Husband's health insurance through his employer, but had to seek out COBRA coverage at her own cost. The cost to Wife for the coverage, including out of pocket coverage and deductibles Husband should have paid 3 for the months from the date of execution of the January 22, 2009 Agreement to the date of execution of this Agreement is NINE THOUSAND FOUR HUNDRED TWENTY-FOUR DOLLARS AND 35/100 ($9,424.35). Husband shall reimburse Wife the total cost of by making payment to her at the rate of $1000 per month beginning with the month Agreement is executed, until the total is paid in full. Payments shall be made in nine (9) consecutive payments of $1000.00, with the final payment being $1,424.35. Payments shall be made by the first day of each month and shall be paid directly to Wife. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for health insurance shall accrue interest at the rate of 10% per annum. From the date of this Agreement forward, Husband and Wife shall each be responsible for the cost of any unreimbursed medical expenses for themselves for all medical, dental, eye, and/or any other health related costs, to include and not be limited to psychological and counseling expenses. Husband and Wife shall each maintain separate coverage for their own health insurance from the date of this Agreement forward. (4) INCOME TAX: A: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B: The parties filed joint returns for the 2007 and 2008, and have been notified by the IRS of tax deficiencies for failing to report income for 2007 and 2008 tax: years. Husband 4 shall hold Wife harmless and indemnify her for all claims made against the parties by the IRS, US Treasury, PA Department of Revenue and any other tax collection agency for the tax filing from any and all states, countries, local municipalities or otherwise made for these years. Husband shall be responsible for making any and all payments due to all tax collection agencies in any amount for the tax years 2007, 2008 as requested by the tax collection agencies, including but not limited to the principal amount due, interest and penalty. Wife shall submit an "Innocent Spouse Form" to which Husband shall not deny; Husband shall file any other documents necessary to support Wife's claim of innocent spouse for these tax years. In addition, Husband shall bear the expense of the CPA cost outstanding due for the prior years' joint filings and all CPA costs outstanding for the tax assistance received by either party in the tax collection efforts of the IRS and Department of Revenue. The total cost for the Innocent Spouse Form was $200, which Wife has paid. Husband shall make payment to Wife within 15 days of execution of this Agreement. C: In the event the parties file a joint 2010 federal and/or Pennsylvania income tax return, Husband shall pay any deficiency due on the return(s). In the event the parties are due a refund, the parties shall divide any refund equally. In that event, Husband shall use his portion of the refund to make payment to Wife for Husband's obligations under paragraph 3 of this Agreement, for his medical insurance payments due to Wife. Husband shall bear the expense of preparing all joint tax returns for the 2010 tax year. The parties have used the services of Jim Holland, CPA, and anticipate charges of approximately $500 for tax preparation charges for the 2010 filing. (5) DEBTS: Husband failed to disclose the existence of an outstanding credit card balance due to Bank of America, in the approximate amount of $9,500.00, at the time the parties negotiated their Legal Separation Agreement referenced herein. Wife has maintained payment for the debt since execution of the prior .Agreement. Husband shall be responsible for the amount due, making payment to Wife for her maintenance of the expense. Husband shall pay to Wife the 5 amount of $1,000.00 per month, payable in 9 consecutive months, with the final and 10"' payment in the amount of $500.00. Each payment shall be made by the fifth day of each month and shall be made directly to Wife. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for the debt due shall accrue interest at the rate of 10% per annum. (6) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Wife is represented by Marylou Matas, Esquire, and, has been advised that she may be represented by counsel of choice. Husband has been advised that he may be represented by counsel of his choice. Husband has been advised of the right to retain an attorney; knowing that, he has elected to proceed without counsel Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. (7) LEGAL FEES: In the review and preparation of this Agreement, Husband shall contribute $1750 toward Wife's legal fees. Husband shall make payment to Wife within 45 days of execution of this Agreement. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for legal fees shall accrue interest at the rate of 10% per annum. (8) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 6 (9) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (10) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of 'the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (11) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (11) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future clairns on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. 7 (12) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in i this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the 8 provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision, 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (13) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (14) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (15) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (16) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (17) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. 9 WITNESS: Date RONALD HONY Date PATRICIA A. ANTHONY 10 REPUBLIC OF CHINA On this day of , 2010, before me, the undersigned, personally appeared RONALD D. ANTHONY whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this day of 4u-o (j L , 2010, before me, the undersigned, personally appeared PATRICIA A. THONY whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public NOTARIAL SEAL BARBARA E. STEEL, Notary Public Carlisle Boro, Cumberland County, PA h4v Commission Expires June 7, 2011 11 t of Mr ' '1.r ^:. -. t' r 34 ?fp ? `? ?+g?uhd ; iE' zz ? i r Tr,r Pr. ?Y - Ti ?k+h? d?E` i DEL-. LAST WILL AND TESTAMENT NANCY T. ANTHONY 1, NANCY T. ANTHONY, of Hampden Township, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all Wills and Codicils previously made by me at any time heretofore. FIRST: I hereby direct that my personal representative(s), hereinafter named, to pay all of my just debts, not barred by any statute of limitations, as well as my funeral and testamentary expenses, including Pennsylvania Inheritance Taxes, as soon after my demise as may be practicable. S E C O N D: I hereby give, devise and bequeath all the rest, residue and remainder of my estate, equally and per capita, among my four children: Richard H. Anthony Jr., Sharon Anthony Wang, T John M. Anthony, and r, D Ronald D. Anthony T H I RD: Be it known that i desire to be cremated and request th& be no maudlin funeral or memorial services conducted following my demise. FOU H: l hereby nominate, constitute and appoint my daughter Sharon A. Wang, as Executrix of this, my Last Will and Testarnent_ M the event that Sharon predeceases me, fats to quality, ceases to ad. or for some reason is incapable of performing such task, 1 then nominate, constitute and appoint my son, John Michael Arnhony, as executor. In the event that John predeceases me, faros to qualify, ceases to act, or for some reason is incapable of performing such task, I nominate. constitute and appoint my son, Ronald D., as executor, FIFTH: The above maimed persons shall nol.be required to post bond or surety in this or any other jurisd'ktlon for faithful compliance of the duties as personal representative of my estate. IN WITNESS WHEREOF, i hereby set my hand and seal and declare this to be my, LAST WILL AND TESTAMENT, consisting of this and one other typewritten page, kbrdflied by my, j mature. dated on this, the-If day of 2009 Nancy T. thony (Testatrix) BE IT KNOWN, that at the request of the testatrix, we have witnessed the signing of this document, in her presenoe, and in the presence of each other. (Address). 070 S?r?i r? 6? rrn D?. li cs IQcv P - t O ----- (Address) JO S?i,!h r- Grttn 1?r_-(Y1?e1!?ar???5?al?e i°tA e?rri a tk.la?? . ?.-_ t 70$(? COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND ) '??? SwPe n NANCY T. ANTHONY, and cum a?VA the Testatrix, a the witnesses, respediVeiy, `whose names are signed to the attached and egoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the irram neat as her Last Will and Testament- Furthermore, she signed and executed it willingly, as a free and voluntary act, for the purposes therein expressed. Each of us, as witnesses, in the presence and hearing of the Testatrix and each other, signed the will as witnesses, and that to the hest of our knowledge and sight, the Testatrix, was at the time eighteen (18) or more years of age, of sound and disposing mind, memory and understanding er no corV6aint. duress or undue influence. ANCY ANTHONY (Testatrix) W ITNE W&NESS Subscribed, sworn to and acknowledged before me by: , rile Testa and by NANCY T. ANT77 - ?&? and ?'fxcY, $ ?e Cacr? c (k.Yucr the , all of whom personally appeared before me, the undersigned officer, on this, the 19 day of J C.J-h -e 2009 NOTARY PUBLIC My Commission Expires. pia rch b J0 0 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Elizabeth K. Hull, Notary Public Silver Spring Twp., Cumberland County My Commission Expires Mar. 20, 2010 Member, Pennsylvania. Association of Notaries _'_ QbIJ _ V = L Subject: Sorry did not reply was out of town on work.. From: Anthony, Ron @ Shanghai (ron.anthony@cbre.com.cn) To: paarda@yahoo.com; Cc: ranthony@facilitycenterchina.com; Date: Monday, January 16, 2012 12:26 AM Sorry I did not get your emails until last night was out of town on work and getting ready for the big Chinese holiday coming this weekend and next week. So let me bring you up to speed on a few things..... As far as money goes I am still planning on giving you some of the money I get from the estate when it is cleared. I will get the first bit from her Fidelity in about 30 days not sure how much but my intent is to give you 1/2 of it maybe IOK if my calculations are right. Next I have been told the house will go on the market very soon so maybe till spring or summer till it get sold but this is only what Mike thinks as they have a few people interested already. So as far as money goes this is how I will need to pay you. I will not start my new job till April or May as always in my life nothing is easy. They had to put a hold on the China set-up for many reasons.... So that being said I may lose my current job as my contract is up in March anyhow so may have a month with no pay. So this being said I am holding what little money I have for my trip if I can make it..... Now if you decide to issue something against me let me know as I will not return to the USA then they may try and hold me...If that would happen and I cannot return to China cannot work and cause me a lot of trouble for Ami and Lina. So if you can hold off I will be sure to give you money as soon as I get it. So regard to Hillary.... Was just a courtesy she caught me on FB and asked me all kind of questions so I answered nothing more nothing less. I have no intent of becoming good friends with her again as .... I also know how she can be and if I did not respond it may have just fueled her fire once more and do not want that in the social media. I am shocked to hear about hunter drive ... if the mold was there it was probably after shithead left the place vacant and cold for however long ... I am glad to hear someone is taking care of it now. If I come back would like to go see it. In closing I am sorry things are not working out the way you want with money and home. I am hopeful you can get to back CA and start over again is the best place for you I think. If all goes well I am planning on retiring in the bay area then trips to China will be easy from SF and will be warm. http://us.mC,o,6.mail.yahoo.com/neo/launch?.rand=03250utOeOi5l 1/26/2012 Regards, Ron Anthony I Associate Director Facilities Management "Transition arid SOIL16011-S Global Corporate Services I China CBRE I Shanghai 11 F ; Wheelock Square 11717 West Nanjing Road I Shanghai, PRC 200040 T 86 21 2401 1340 F 86 21 5403 7435 1 M 86 1360 176 9802 ron anthony(a)cbre.com.cnl www.cbre.com.cn Ir-Al **I A i110*04. AtRI'9*041 Q (A?j i JpJ of 1j A o www.cbre.com Notice to recipient: This e- mail is meant for only the intended recipient of the transmission, and may contain information of CBRE that is confidential and/or privileged. If you received this e-mail in error, any review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation. www.cbre.com http://us.mg6.mail-yahoo.com/neo/launch?.rand=03250utOeOi5l 1/26/2012 r" 0 0 .- Page 1 of 8 Subject: RE: Have not heard from you From: Anthony, Ron @ Shanghai (ron.anthony@cbre.com.cn) To: paarda@yahoo.com; Date: Tuesday, March 13, 2012 5:12 AM [)ear Patty, Yes I will be paying you 5,000 more as soon as my stock is sold I made the transfer last Thursday so should be OK now. Will do later this week. However that is all I will be able to give you out of the fund, will need to pay off more when the house sells need to have money to come home in May. I will give you 1 K per month till then. Ronald Anthony I Associate Director Facilities Management Transition and Solutions Global Corporate Services China CBRE Shanghai 11 th Floor I Shanghai Wheelock Square 1717 Nanjing West Road I Shanghai, PRC 200040 T 86 21 2401 1340 M 86 1360 176 9802 ron.anthony@cbre.com.cn j www.cbre.com.cn I EAR HOW MAR 31 2012 M CBRE From: Patty Anthony [mailto:paarda@yahoo.com] Sent: 2012 C 3 012 ? 0:20 To: Anthony, Ron @ Shanghai Subject: Re: Have not heard from you Hi Ron, http://us.mg6.mail.vahoo.com/neoflaunch?.rand=cuuvf736462nf 3/14/2012 PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RONALD D. ANTHONY, Defendant NO. 09-6602 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 21St day of May, 2012, upon consideration of Plaintiff's Petition for Special Relief, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 45 days of service. BY THE COURT, Christylee . Peck, J. Marylou Matas, Esq. 26 West High Street Carlisle, PA 17013 ;, Attorney for Plaintiff Ronald D. Anthony . =` No. 17 Hua Ting Road 3-- z7 ? Building 2 Apartment 201 _ Xu Hui District Shanghai 200031 :' - PRC Defendant, pro Se :rcpS ?L L PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW r RONALD D. ANTHONY, -? Defendant/ Respondent IN DIVORCE AFFIDAVIT OF SERVICE ?- c.; I, Marylou Matas, Esquire, being duly sworn according to law, he06b deposes and says that on May 23, 2012 she served a true and correct copy of the Order of Court upon Ronald D. Anthony, by electronic mail, "read receipt" requested to his electronic mail addresses of ranthony(D-facilityicenterchina.com and ron.anthonvccD-cbre.cn. Attached is the "read receipt" showing Defendant opened the electronic mail on May 26, 2012. Law Offices of Saidis Suiiivan & Rogers 26 West High Street Carlisle, PA 17013 Dated: V/ 61 Z.-)/ 2 Respectfully submitted, SAIDIS, SULLIVAN & ROGERS I l? Ma tas, Esq ire ID No. 8 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff Hannah White-!Gibson From: Ron Anthony <ranthony@facilitycenterchina.com> To: Hannah White-Gibson Sent: Saturday, May 26, 2012 5:50 AM Subject: Read: Order of Court Your message To: Subject: Read: Order of Court Sent: Saturday, May 26, 2012 9:50:03 AM (UTC) Monrovia, Reykjavik was read on Saturday, May 26, 2012 9:49:52 AM (UTC) Monrovia, Reykjavik. PATRICIA A. ANTHONY, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW RONALD D. ANTHONY, : C) Defendant/ Respondent : IN DIVORCE N "'Co MOTION TO MAKE RULE ABSOLUTE 1. Petitioner is PATRICIA A. ANTHONY, the Plaintiff in the above captiort6("ction and she is represented in this action by Marylou Matas, 4u o7, 2. The Respondent is RONALD D. ANTHONY, the Defendant in the abov( captioned action and is appearing in this matter pro se. 3. On May 17, 2012, Petitioner filed a Petition for Special Relief. A copy of sa Petition is attached hereto as Exhibit A. 4. Respondent was served with the Petition for Special Relief on May 17, 2012. 5. On May 21, 2012, an Order was entered, giving Respondent 45 days to respond to the Rule to Show Cause why Petitioner is not entitled to the relief requested. A copy of said Order is attached hereto as Exhibit B. 6. Respondent was served with the Order on May 23, 2012. The Affidavit of Service was filed with the Court on May 31, 2012. A copy of the Affidavit is attached hereto as Exhibit C. 7. More than 45 days have passed and Respondent has not filed any response to the Rule. 8. Petitioner, through counsel, requests that Court find Respondent in Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 breach of the Marital Settlement Agreement and order him to pay all outstanding amounts due under the Agreement and legal fees WHEREFORE, your Petitioner respectfully prays your Honorable Court to enter Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 attached Order for special relief. Date: C, Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Marylo M , Esquire Supreme u No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Petitioner/Plaintiff PATRICIA A. ANTHONY, Plaintiff/Petitioner V. RONALD D. ANTHONY, Defendant/ Respondent : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6602 CIVIL TERM : CIVIL ACTION - LAW IN DIVORCE VERIFICATION Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Ma u s, squire Date: 1l Z ? /121- PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW RONALD D. ANTHONY, Defendant/ Respondent IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on this 7? day of [, 2012, a true and correct copy the attached Motion was served by electronic mail and regular, first class, pre-paid mail to: Ronald D. Anthony Number 17 Hua Ting Road Building 2 Apartment 201 Xu Hui District Shanghai 200031 PRC Email: ron.anthonyCaD-cbre.com.cn; ranthony(Dfacilitycenterchina.com •? SAIDIS, SULLIVAN & ROGERS __? I , ? ('I J? L (?171 A _?'] 4 M ryl M s, squire Supreme ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Counsel for Petitioner/Plaintiff Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 A PATRICIA A. ANTHONY, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA IA V. NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW RONALD D. ANTHONY, c' Defendant/ Respondent IN DIVORCE r --x ° 1 2 3 _,d's"rl i u AMENDMENT TO MOTION TO MAKE RULE ABSOLUI?L?? `' Judge Peck has been assigned to this matter. z!- (3 At the time of filing the Motion to Make Rule Absolute, Respmde % C_.. 3 f" T 'pro se As of today's date, Petitioner is aware that Respondent has retained Michael A Scherer, Esq., although he has not entered his appearance of record. It Petitioner's understanding that Respondent and opposing counsel do with this Motion. Attached are Exhibits A, B, and C. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Date: ( Z mama alas, tsgtrlre Suprem ourt No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Petitioner/Plaintiff lot PATRICIA A. ANTHONY, Plaintiff/Petitioner V. RONALD D. ANTHONY, Defendant/ Respondent ORDER OF COURT By the Court J. 'aw Offices of Saidis iullivan Rogers West High Street arlisle, PA 17013 AND NOW, day the attached Petition for Special Relief: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 2012, upon presentation and review of IT IS HEREBY ORDERED that Defendant/Respondent, Ronald A. Anthony, is found in breach of the Marital Agreement; and 1. Defendant/Respondent shall be responsible for all outstanding amounts due to Plaintiff/Petitioner, in the amount of $70,392.33; 2. Defendant/Respondent shall be responsible for Petitioner's counsel fees and costs incurred in the preparation and filing of this Petition, in the amount of $952.50. 3. Defendant/Respondent's wages shall be attached for payment. 4. Any property that Defendant/Respondent owns or has an interest in shall be attached to the extent of his outstanding amounts due to Plaintiff/Petitioner. Distribution: Marylou Matas, Esquire Attorney for Plaintiff/Petitioner Ronald D. Anthony, pro se Respondent Number 17 Hua Ting Road Building 2 Apartment 201 Xu Hui District Shanghai 200031 PRC ranthonv(' )ffacilitvicenterchina.com ron anthonyrii).cbre.com.cn c 'I I PATRICIA A. ANTHONY, Plaintiff/Petitioner V. RONALD D. ANTHONY, Defendant/ Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI. NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, upon presentation and review of the within Petition for Contempt, it is hereby directed and Ordered that: 1. Respondent shall have 20 days upon service to file an Answer to the within Petition. 2. A hearing is scheduled for , 2012, in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court I yaw Offices of C1 _---I!_ I c. Z\vSGi a . West High Street :arlisle, PA 17013 Distribution: Marylou Matas, Esquire Attorney for Plaintiff/Petitioner Ronald D. Anthony, pro se Respondent Number 17 Hua Ting Road Building 2 Apartment 201 Xu Hui District Shanghai 200031 PRC ranthony( ,facilitvicenterchina.com ron.anthony@cbre.com.cn J. PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVA V NO. 2009-6602 CIVIL TERM ? :r T,- . CIVIL ACTION - LAW = M RONALD D. ANTHONY, , Defendant/Respondent IN DIVORCE ?.r tp PETITION FOR SPECIAL RELIEF c.n AND NOW, comes Patricia A. Anthony, by and through her counsel Marylou Matas, Esquire, of Saidis, Sullivan & Rogers and petitions this Honorable Court as follows: 1. Ronald D. Anthony, (hereinafter "Respondent"), and Patricia A. Anthony, hereinafter "Petitioner"), were married on June 8, 1996 in Camp Hill, Pennsylvania. 2. Parties separated on January 20, 2009 when Respondent moved to China. 3. Parties entered into a Legal Separation and Partial Marital Settlement Agreement on January 22, 2009, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 4. Paragraph 13(a) of the 2009 Marital Settlement agreement provides as Law Offices of Saidis Sullivan k Rogers S West High Street :arlisle, PA 17013 follows: HUSBAND and WIFE acknowledge that WIFE is unable to work due to her medical condition and disabilil),. HUSBAND and WIFE further agree that HUSBAND shall pay to WIFE the sum of One Thousand Dollars ($1, 000.00) per month for her maintenance and support until the parties are divorced or reconcile and that said sum shall not be deemed taxable income to WIFE or deductible to HUSBAND for income tax purposes. 5. Respondent failed and refused to comply with the parties' Agreement, in that lie failed to make payments consistently to Petitioner from the date of the January 22, 2009 Agreement through the date of the parties' divorce. 6. Paragraph 13(b) of the 2009 Marital Settlement Agreement provides as follows: HUSBAND and WIFE specifically agree that HUSBAND shall continue to maintain health insurance coverage for K71FE through his employment with C. B. Richard Ellis, Inc. or any subsequent employer as long as the parties are married. HUSBAND shall provide WIFE with health insurance cards and cooperate and assist her in utilizing said insurance coverage and processing any insurance claims. HUSBAND also agrees that WIFE shall have the legal right to contact said insure(s) and to receive any insurance reimbursement monies related to her medical expenses and care. 7. Respondent failed and refused to comply with the parties' Agreement, in that he failed to maintain health insurance on Petitioner as required by the 2009 Marital Agreement. 8. The parties were divorced by decree on May 10, 2011, a copy of which is attached hereto as Exhibit "B". 9. On August 20, 2010, the parties executed a Marital Settlement Agreement and Addendum, a copy of which is attached hereto and incorporated herein by reference as Exhibit "C". 10. The parties' Marital Settlement Agreement and Addendum incorporates their January 22, 2009 Legal Separation and Partial Marital Settlement Agreement. 11. The parties' decree in divorce incorporates the terms of the parties' Marital Settlement Agreement and Addendum dated August 20, 2010. 12. Paragraph 2 of the Marital Settlement Agreement and Addendum provides as Law Offices of Saidis Sullivan k Rogers 6 West High Street ':arlisle, PA 17013 follows: EQUITABLE REIMBURSEMENT: Husband and Wife stipulate and agree that commencing the P month following the execution of this Agreement, Husband shall pay to Wife the sum of One Thousand Five Hundred ($1,500.00) Dollars per month for twenty-four (24) consecutive months, for a total payment of THIRTY-SIX THOUSAND DOLLARS AND 00/100 ($36,000.00). This determination of equitable. reimbursement is contractual in nature, is non-modifiable, and is based upon Wife's waiver of interest in certain other marital property rights together with Husband's assumption of the parties' former joint debt included within the Agreement dated January 22, 2009. This grant of equitable reimbursement to Wife begins upon the first month after the date of execution of the Agreement and terminates only because of the expiration of the 24 month time period, or satisfaction of the payment in full. At the time of execution of this Agreement Wife receives payment from Husband pursuant to the parties' Legal Separation and Partial Marital Settlement Agreement, dated January 22, 2009. If at the date of execution of this Agreement, Husband is behind on payments pursuant to the Agreement dated January 22, 2009, Husband shall be obligated to continue to make all payments to Wife owed on a continuing basis, plus begin the equitable reimbursement payments due herein. Husband shall make the payments due to Wife pursuant to the January 22, 2009 Agreement no later than 45 days after execution of this Agreement. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for financial maintenance pursuant to the January 22, 2009 Agreement shall accrue interest at-the rate of 10% per annum. As of March 2010, Husband was in default and in breach of the January 22, 2009 Agreement for his failure to make payments due to Wife for January 2010, February 2010 and March 2010. Wife hereby agrees that the payments due to her pursuant to the January 22, 2009 Agreement shall be paid by Husband in a lump sum no later than 45 days after the date of execution of this Agreement. The parties agree that the entire amount being paid to Wife pursuant to this paragraph is not intended to be alimony, and therefore is not included in Wife's income and not tax deductible to Husband. This payment to Wife shall be paid from Husband directly to Wife on a monthly basis, to be received by the fifth day of each month. 13. Respondent has failed and refused to comply with the parties' Agreement, in that he has failed and refused to make the payments to Petitioner as provided and agreed pursuant to paragraph 2 of the Marital Settlement Agreement and Addendum. 14. At the time of execution of the Agreement in August 2010, Respondent had been in breach of the 2009 Agreement for his failure to make payments to Petitioner in the $1,000 monthly amounts for the months of January 2010 through August 2010. 15. Respondent has failed and refused comply with the terms of the Marital Law Offices of Saidis Sullivan St Rogers .6 West High Street Carlisle, PA 17013 Settlement Agreement and Addendum, in that he has failed and refused to make the lump sum payment to Petitioner in the amount of $8,000.00, due no later than November 25, 2010. 16. Respondent has failed and refused comply with the terms of the Marital Settlement Agreement and Addendum, in that he has failed and refused to make the monthly $1,500 payments to Petitioner for equitable reimbursement, since execution of the agreement. 17. Paragraph 3 of the parties' Marital Settlement Agreement and provides as follows: MEDICAL INSURANCE: Pursuant to paragraph 13(b) of the parties Lega Separation and Partial Marital Settlement Agreement, dated January 22, 2009, Husband was directed to continue to maintain health insurance coverage for Wif through his employment with C.B. Richard Ellis, Inc. or any subsequent employer as long as the parties are married. Husband was directed to cooperate and assist Wife in utilizing said insurance coverage and processing any insurance claims. From the date of execution of the Agreement Husband failed to maintain health insurance coverage for Wife, in that Wife was not covered by Husband's health insurance through his employer, but had to seek out COBRA coverage at her own cost. The cost to Wife for the coverage, including out of pocket coverage and deductibles Husband should have paid for the months from the date of execution of the January 22, 2009 Agreement to the date of execution of this Agreement is NINE THOUSAND FOUR HUNDRED TWENTY-FOUR DOLLARS AND 351100 ($9,424.35). Husband shall reimburse Wife the total cost of by making payment to her at the rate of $1000 per month beginning with the month Agreement is executed, until the total is paid in full. Payments shall be made in nine (9) consecutive payments of $1000.00, with the final payment being $1,424.35. Payments shall be made by the first day of each month and shall be paid directly to Wife. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for health insurance shall accrue interest at the rate of 10% per annum. From the date of this Agreement forward, Husband and Wife shall each be responsible for the cost of any unreimbursed medical expenses for themselves for all medical, dental, eye, and/or any other health related costs, to include and not be limited to psychological and counseling expenses. Husband and Wife shall each maintain separate coverage for their own health insurance from the date of this Agreement forward. 18. Respondent failed and refused to comply with the terms of the Marital Settlement Agreement and Addendum, in that he has failed and refused to make payments to Petitioner in the monthly amounts due pursuant to paragraph 3 of the Agreement. 19. Paragraph 4(b) of the parties' Marital Settlement Agreement and Addendum Law Offices of Saidis Sullivan k Rogers 6 West High Street -arlisle, PA 17013 provides in part as follows: "Husband shall be responsible for making any and all payments due to all tax collection agencies in any amount for the tax years 2007, 2008 as requested by the tax collection agencies, including but not limited to the principal amount due, interest and penalty. Wife shall submit an "Innocent Spouse Form " to which Husband shall not deny; Husband shall file any other documents necessary to support Wife's claim of innocent spouse for these tax years. In addition, Husband shall bear the expense of the CPA cost outstanding due for the prior years ' joint filings and all CPA costs outstanding for the tax assistance received by either party in the tax collection efforts of the IRS and Department of Revenue. The total cost for the Innocent Spouse Form was $200, which Wife has paid. Husband shall make payment to Wife within 15 days of execution of this Agreement. " 20. Respondent has failed and refused to comply with the tenns of the parties' Agreement, in that he has failed to reimburse Petitioner for the $200 due for the Innocent Spouse form, due no later than 15 days after execution of the Agreement. 21. Paragraph 4(c) of the parties' Marital Settlement Agreement and Addendum provides in part as follows: "Husband shall bear the expense of preparing all joint tax returns for the 2010 tax year. The parties have used the services of Jim Holland, CPA, and anticipate charges of approximately $500 for tax preparation charges for the 2010 filing. " 22. Petitioner made payment for the CPA charges for the 2010 tax year; Respondent has failed and refused to comply with the terms of the parties Agreement, in that he has failed to reimburse Petitioner for the $500 due for the CPA charges. 23. Paragraph 5 of the parties' Marital Settlement Agreement and Addendum provides as follows: DEBTS: Husband failed to disclose the existence of an outstanding credit card balance due to Bank of America, in the approximate amount of $9,500.00, at the time the parties negotiated their Legal Separation Agreement referenced herein. Wife has maintained payment for the debt since execution of the prior Agreement. Husband shall be responsible for the amount due, making payment to Wife for her maintenance of the expense. Husband shall pay to Wife the amount of $1,000.00 per month, payable in 9 consecutive months, with the final and 10`x' payment in the amount of $500.00. Each payment shall be made by the fifth day of each month and shall be made directly to Wife. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for the debt due shall accrue interest at the rate of 10% per annum. 24. Respondent has failed and refused to comply with the terms of the parties' Law Offices of Saidis Sullivan k Rogers 6 West High Street Carlisle, PA 17013 Agreement, in that he has failed and refused to make payments to Petitioner in compliance with paragraph 5 of the Agreement. 25. Paragraph 7 of the Marital Settlement Agreement and Addendum provides as follows: LEGAL FEES: In the review and preparation of this Agreement, Husband shall contribute $1750 toward Wife's legal fees. Husband shall make payment to Wife within 45 days of execution of this Agreement. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for legal fees shall accrue interest at the rate of 10% per annum. 26. Respondent has failed and refused to comply with the terms of the parties' Agreement, in that he has failed and refused to make payment for the legal fees he obligated himself to pay. 27. As.per the 2010 Marital Agreement, interest at the rate of 10% per annum accrued on: the unpaid support payments required under the 2009 Marital Agreement; the equitable reimbursement payments required under the 2010 Agreement, paragraph 2; the amount Petitioner spent on securing health insurance; the amount Petitioner paid on the outstanding credit card debt; and Petitioner's legal expenses. As of May 2012, seventeen months after the execution of the 2010 Marital Agreement, Respondent's total interest payment is $5,017.98 Dollars. 28. Respondent continues to be employed by CB Richard Ellis Property Consultants, Ltd, Shanghai earning an approximate salary of $130,000.00. 29. Petitioner's only source of income is social security disability; she anticipates the monthly payments from Respondent to assist with her monthly expenses. 30. Respondent is a beneficiary to his mother's estate, who died on or about December 23, 2011. 31. Pursuant to the Mother's will, Respondent has inherited a one-quarter interest Law Offices of Saidis Sullivan k Rogers 5 West High Street 'ar isle, PA 17013 in her estate. The Mother's estate includes real estate located at 1810 Lambs Gap Road, Mechanicsburg, which the beneficiary's intend to sell. Petitioner believes that Respondent's interest in the real estate, when received, satisfy the debt owed to her. Respondent's Mother's will is attached as Exhibit "D". 31. As recently as March 14, 2012, Respondent recognized his debt owed to Petitioner. Respondent has emailed his acknowledgment of the debt due to Petitioner on various occasions. A copy of the email correspondences from Respondent from January 16, 2012 and March 14, 2012 are attached hereto as Exhibit "E" and Exhibit "F" respectively. 32. Respondent's total amount owed to Petitioner, including interest, is $70,392.33. 33. Petitioner had to hire counsel to pursue this matter, at the rate of $225.00 per hour, 34. Paragraph 15 of the parties' 2010 Martial Agreement states: "In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. " 35. Respondent has failed to comply with the terms of the agreement and Petitioner requests that he be responsible for counsel fees and costs incurred in the pursuit of this Petition. 36. Respondent has previously appeared pro se in the divorce action. 37. A copy of this Petition has been provided to Responded and he does not Law Offices of Saidis Sullivan & Rogers ?6 West High Street Carlisle, PA 17013 concur with the relief requested. r y WHEREFORE, Petitioner requests your Honorable Court to find Respondent in contempt of the parties' Marital Settlement Agreement and Addendum, and the Legal Separation and Partial Marital Settlement Agreement, and Order as follows: 1. Direct Respondent to be responsible for all outstanding payments due to Petitioner; 2. Direct Respondent to be responsible for Petitioner's counsel fees and costs; 3. Direct that Respondent's wages be attached for payment; 4. Direct that Respondent's share of his mother's estate be attached for distribution to Petitioner; 5. All other sanctions as appropriate. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Date: S/ I (A NkW4,4? Marylou Esquire ID No. 8?Y?' 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff Law Offices of Saidis I IL ZIL"gerb s West High Street :arlisle, PA 17013 VERIFICATION I verify that the statements made in the foregoing document are true and coI understand that false statements herein are made subject to the penalties of 18 Pa. C.S. relating to unsworn falsifications to authorities. 1 Patricia A. Anthony I Date: 5/IG112 PATRICIA A. ANTHONY, Plaintiff/Petitioner V. RONALD D. ANTHONY, Defendant/ Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE On this day of H ? , 2012, I, Marylou Matas, Esquire, of the law firm of SAIDIS, SULLIVAN & ROGERS hereby certify that on this date a copy of the attached document was served on the following individual, via email and first class mail postage prepaid, addressed as follows: Ron Anthony Number 17 Hua Ting Road Building 2 Apartment 201 Xu Hui District Shanghai 200031 PRC Email: ron anthonyna cbre.com.cn; ranthony@facilitvicenterchina.com SAIDIS, SULLIVAN & ROGERS 'ill «" 0. ti?l /1 " jz'?Z3 I Law Offices of Cz1A7C 1 viullivan Marylo'rM Esquire Supreme Co D No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 I t nogers 6 Wcst High Street arlisle, PA 17013 SEPARATION ANTD PARTIAL MARITAL SETTLEMENT LEGAL SEPAR. AGREEMENT r Aa 0009, by and betv?l THIS AGP?EEI\IENT, made this= 'day of (here' after "HUSBAND"); Patricia Anthony, (herebaafter JATIFE ) and Ronald Anthony, ANITNESSETH: 1NHEREAS, the parties hereto v,ere married on June S, 1996, in Camp Perinzsylvania; and separated on January 20 2009; and VATHEREAS, the parties have no children of this marriage; and WHEREAS, HUSBAND is mo ,,nS to China an I is remaining in ? umnez azlu oun 7, Pennsylvania and the parties desire to enter in to a bm ties are desirous lecral separation of C ? agreement now that they will be living separate and apart and the obligation between each other s set forever settling certain econonuc and other rights an., forth below. THEux)RE, in consideration of the covenants and promi.sesbhereinafter be NOS' kept and performed by each part3' and intending to be legally bound hereby, the p hereby agree as follows: 1 ADVICE OF COUNSEL• to hav the Each par-' acl.,nmA71edges that he or she each had a °dPpoOZti lparties by legal provisions of this Agreement and their legal re ent d by Jexoanne Harrison Clough, Esquire counsel of his or her 0'"711 choosing. WIFE is reps Cam Hill. HUSBAND has been advised of his right to be represented1by pleb em?sel of p but has elected to represent himself in the negotiation and the execution of tl g- The arties further declare that each is executii.?g the Agreement frealegal r ghts p having either obtained sufficient jmwAdedge and disclosure of thew respective and obligations, or if counsel has not been consulted, expressly wai \,inthis c,, tl eisbtair fair counsel and/or sucl, knowledge. The parties each aeknoin7 ledge that b and equitable and is not the result of any fraud, coercion, duress, undue influe ce or collusion. i LEGAL SEPARATION. The parties acknowledge that they shall be considered legally separated as of January 20, 2009 and that said date shall be considered their legal separation date ili any subsequent Divorce Action thatmay be filed. In the event a Divorce Action is filed, this Agreement shall. remain in full force and effect after such time as a final decree in divorce may be entered witl-i respect to the pa:.-ties. The parties agree that the terms of this Agreement shall be incorporated into any Di Ce Decree which may be entered wlith respect to them and specifically referenced i, the Dii orce Decree. Tlnis Agreement shallnot merge with the divorce decree, but shall continue to ave independent contractual significance. 3. DATE OF EXECUTION. The date of execution" and "execution date" of this Agreement shall be defined as the date upon V?Ihicl it is executed by the parties if they I have each executed the Agree ent on the same date. Otherwise, the "date of execution" or "execution date" of this Agre Tent shall be defined as the date of execution by the party last executing this Agreement. 4. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understand that he/she had the right to obtain from the other party a complete inventor)7 or list f all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and - that decisions on the matters covered by this Agreement. Both parties hereby acknowledge this Agreement is fair and equitable, and that the terms adequately provide for his r her interests, and that this Agreement is not a result of fraud, duress or undue influence exe cised by either part 7 upon the other or by any person or persons upon either party. 5. SEPARATION/N(DN-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and part. direct or indirect, by the other in all respects a fully They shall be free from any interference, as if the), were munarried. Each may, for his or her separate use or benefit, conduct, C airy on and engage in any business, occupation, profession or employment -Which to him or he-- may seem advisable. VVIFE and HUSBAND shall not harass, disturb, Di- malign each other or the respective families of each other. 6. REAL PROPERTY. Husband and 1Nife do not own any real property that is marital property sub1E equitable distribution. HUSBAND and WIFE specifically acknowledge that WIFE s owns the real property, located at 304 Kay Road, Mechanicsburg, PA 17030 and that property is non marital property and was acquired by IMIFE prior to this marl HUSBAND forever waives any right, title, claim or interest i-n said real property a increase iii value of said property. 7. DEBTS. If a part37 has acquired debt, the parties agree that each shall assume full and responsibility for his or her own debts. HUSBAND represents and warrants to )ATIFE that since the separation he has not, in the future he will not, contract or incur any debt o7` liability for tiThich WIFE or her e. and save 3^TIFE harmless from any ani might be responsible, and he shall inderru1f3 claims or demands made against her by reason of such debts or obligations incurred by since the date of said separation, except as otherwise set forth herein. 1A7IFE represents and warrants to HUSBAND that since the separation she has and in the future she will not, contract or incur any debt or liability for which HUSBAN and save HUSBAND harmless his estate might be responsible, and he shall indenuzif3 any and all claims or demands made against him by reason of such debts or obliga. incurred b37 her since the date of said separation, except as otherwise set forth herein. to the Mete and State I all him not, D or a. DEBT ACQUIRED BY HUSBAND: HUSBAND specifically acknoNnTledges that he has incurred the following debts during the course of the marriage without 1ATIFE'S knowledge or consent and HUSBAND further ab rees he shall be solely and individually responsible for said debt and indemnify WIFE and hold her harmless on said obligations and said debt shall forever be considered the non marital debt of HUSBAND: a. Citibank account no. 380279-380384 approx. balance $10,3113.00 b. Citi Card account no. 34661600 7348 2930 approx. balance $ 7,3C3.81 c. American Express account no. 3713 1224 9031006 approx.. balance L$ 4382.77 J 5. RETIREMENT BENEFITS. a. WIFE's IBM 401K HUSBAND and AIVIFE specifically ackno-wledge that VVIFE has a 401K retirement account acquired during her employment with I13M. HUSBAND hereby waives his :right, title and interest to any of 1NIFE's 401K or any other pension and/ or retirement and any and all other retirement benefits whatsoever, and said asset shall be considered non m rital propert?l hi the event of a divorce. b. HUSBAND'S RETIP-EMENT -WITH C.B. RICHARD ELLIS INC. HUSBAND and WIFE specifically acknmAdedge that HUSBAND has certain Inc. retirement benefits he has acquired during his emplo37ment with C.B.. Richard Ellis, 1ATIFE hereby waives her right, title and interest to any of HUSBAND's retirement with C.B. Richard Ellis, Inc. or an)7 other pension and/or retirement and any and all other retire ent benefits -v=hatsoever, and said asset shall be considered non marital property i7-i the even of a divorce. 9. BANK ACCOUNTS. The bank accounts held solely in individual names shall become the sole. and sep property of the party in whose name it is registered. Each party does hereby specif waive and release his/her right, title and interest in the other party's respective accounts 10. LIFE INSURANCE. HUSBAND agrees to maintain VdIFE as the irrevocable beneficiary of insurance policy he nou, has or may acquire as long as the parties remain HUSBA WIFE so long as the parties remain married. In the event that WIFE subsequently divorce, then WIFE shall waive any and all right, title, claim or interest in any of HUE life insurance policies. 11. PERSONAL PROPERTY. The parties hereto mutually agree that in the event they divorce they will dii, furnitare, household furnishings and personal property betvaeen them in a manner ag] to both parties. The parties mutually agree that each party shall frow and after the date Agreement be the sole and separate owner of all tangible personal property in his possession. 12 BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or f. reorganization proceedings of any kind while any obligations remain to be performed 4 to life and for s all this her that party for the benefit of the other party pursuant to the provisions of this .k,Teen-ient, debtor spouse hereby waives, releases and relinquishes any right to claim any exempi (v,,llether granted under State or Federal law) to any property remaining in the debtor defense to any claim made pursuant hereto by the creditor-spouse as set forth her including all attorney fees and costs incurred in the enforcement of this paragraph or other provision of this Agreement. I'Io obligation created by this Ag1 eernent shall discharged or dischargeable, regardless of Federal or State law to the contrary, and e party waives any and all right to assert that obligation hereunder is discharged dischargeable. e a The parties mutually agree that in the event of bankruptcy or financial reorganiza n proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 1?. SPOUSAL SUPPORT, HEALTH INSURANCE AND ALIMONY PEND LITE. a. SPOUSAL MAINTENANCE AND SUPPORT HUSBAND and INIFE acknow=ledge that 1NIFE is unable to work due to her medical condition and disability. HUSBAND and ATIFE further agree that HUSBAINTD shall pay to WIFE the sum of One Thousand Dollars ($1,000.00).per month for her maintenance and support until the parties are divorced or reconcile and that said sum shall not be de ed taxable income to IATIFE or deductible to HUSBAND for income tax purposes. b HEALTH INSURANCE COVERAGE FOR Y1TIr'E: HUSAAAND and IATIFE specifically agree that HUSBAND shall continue to main i_n health insurance coverage for )ATIFE through his employment with C.B. Richard Ellis, Inc or any subsequent employer as long as the parties are married. HUSBAND shallprovide ITT E With health insurance cards and cooperate and assist her in utilizing said insurance cover ge and processing any insurance claims. HUSBAND also agrees that I/\TIFE shall have the legal right to contact said insurer(s) and to receive any insurance reimbursement monies relate to her medical expenses and care. HUSEAI\TD and WIFE specifically agree that 11\TIFE is preserving her right to alimony pendente lite and alimony.in the event the parties subsequently seel: a divorce. 14. -WIFE'S DISABILITY CLABA 5 e The parties specif?call} achihowledge that UdIFE is disabled and is in the proeesj? of suill,e an a peal of the denial of her Social Security Disability Claim. HUSBAND and V,?IFE Pul b p agree that in the event WIFE is successful in securing a disability determination frorn the Social a Security Administration any past, present or future disability award and payments to 'WIFE aie to be WIFE'S sole and separate property and HUSBAND forever waives any right; title; clai or interest thereto. 15, ATTORNEY FEES, COURT COSTS. Each part, hereby agrees to be solely responsible for his or her own counsel fees, and expenses associated with the preparation of this Agreement. 16. ATTOIZINEYS' FEES FOR ENFORCEMENT. 111 the event that either party breaches any provision of this Agreement and the o the breaching party will pa: part37 retains counsel to assist in enforcing the terms thereof, reasonable attorneys' fees, court costs and expenses (including interest d travel 1 c Ysii applicable) which are incurred by the other party h-i enforcing the Agreement, enforcement is ultimately achieved by litigation or by amicable resolution. It is the spe Agreement and intent of the parties that a breaching or wrongdoing party shall bear, oblio-ation of any and all costs, expenses and reasonable counsel fees incurred by nonbreaching part' in protecting and enforcing his or her rights under this Agreement. 17. 1, UTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to through the terms of this Agreement, including but not limited to, the signing of docurn 18. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be deter then only that term, condition, declared to be void or invalid in law or otherwise, provision shall be stricken from this Ab eement, and in all other respects this P shall be valid and continue hi full force, effect and operation. 19. APPLICABLE LAVA' AND JURISDICTION. This Agreement shall be construed under the laws of the CoMmonw, Penns}Tlvania. HUSBAND and AA71FE specifically agree that Peruns}'lvaiua shall be the jurisdiction for any subsequent divorce that may be filed by either party. 20. ENTIRE AGREEMENT. all if the the or or of 6 This Agreement contains the entire understanding of the parties, and there alre no representations, warranties, covenants or undertakings other than those expressly set forth herein. 21. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any amb' guity herein, the parties agree that this Agreement -?A7as prepared jointly by the parties. 22. SUBSEQUENT RECONCILIATION. This Agreement shall remain valid survive any subsequent reconciliation, and reconciliation followed by subsequent separation of the parties unless revolted in u7ri ' g by the parties. IN WITNESS IATHEREOF, the parties hereto have set their hands and seals of th? day first above written. This Agreement is executed in duplicate, and in countexparts. WEFE and admmAJledge the receipt of a duly executed Cop37 hereof. Patricia Anthony I/VIFB Ronald Anthony USEAND 7 COMMONWEALTH OF PENNSYLV-&NIA SS. COUNTY OF On the day of CN?'uC? ?y 209, before me, a N tart' Public hi and for the Commonwealth of Pennsylvania, the undersigned officer, personally to me (or satisfactory proven) to be one of the parties appeared Patricia Anthony, known executing the foregoing instrument, and she acknowledges the foregoing instrument be her free act and deed. Il? WCTNESS INT-MREOF, I have hereunto set my hand and notarial seal the da year first above written. Notary P, lic My Commission Expires: C,C?MMONWLALI 17', UY PENNS YLVAN11', f?if??6Vf?llh! ?EAt. CHERYL P•,. GARM[kh, Notary Public Camp Hi14 anrc, Cumberland C;aunty lUly Cvmmjs ,ior? 5 intrei May 202012, ,.,.rta_ and 8 COMMONWEALTH OF PENNSYLVAI?TI.A SS. COUNTY OF On the C day of 7-ceI-1 LJ C`5- , 2009, before me, a N tary Public ill and for the COInMon"7ealt1l of Pennsylvania, the undersigned officer, personally appeared Ronald Anthony, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he aclmoinrledges the foregoing instrument to e his free act and deed, IN WITNESS WI-IEREOF, I have hereunto set my hazed and notarial seal the year first above written. NotzrS , ubhc My C emission Expires: 111 ?, i,t)iMl4:3t0ULr;t-i (: per ;- i..ftlra:; (` t ?i p7C3iFW i""Wi?erlak County t and o 1 ( C=-"*- 9 PATRICIA A. ANTHONY IN THE COURT OF COMMON PLEAS OF 'CUMBERLAND COUNTY; PENNSYLVANIA V. RONALD D. ANTHONY NO. 2009-6602 DIVORCE DECREE AND NOW, May 2011 it is ordered and decreed that PATRICIA A. ANTHONY plaintiff, and RONALD D. ANTHONY defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony penderite.lite.if any.economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to -this action for which a final order has not yet-been entered. Those claims are as follows: (Jf no claims remain indicate "None.") The terms of the Comprehensive Marital Settlement Agreement and Addendum dated August 20, 2010 is incorporated, but not merged, into the Dedree in Divorce. ?,l lied .(9/ /Z By the Court, Alha.t H Mpisland Attest: Prothonotary Certified Copy issued: May 10, 2011 Date PATRICIA A. ANTHONY, Plaintiff v. RONALD D. ANTHONY, Defendant THIS AGREEMENT made this y BETWEEN RONALD ANTHONY, of China, hereinafter referred to s Husband, AND PATRIC ANTHONY, of Cumberland County, Pennsylvania, hereinafter referred to as Wife. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, NO: 2009-6602 CIVIL TERM - CIVIL ACTION - LAW IN DIVORCE - COMPREHENSIVE MARITAL SETTLEMENT AGREEMENT AND ADDENDUM An of 2010, RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on, Jun 8, 1996, in Camp Hill, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas Cumberland County Commonwealth of Pennsylvania, to Number 2009-6602 Civil Term; and R.3: The parties entered into a Legal Separation and Partial Marital Settle Agreement on January 22, 2009, a copy of which is attached hereto and incorporated herein reference as Exhibit A; RA: The parties' Legal Separation and Partial Marital Settlement Agreement d January 22, 2009 specifically reserved Wife's right to seek financial maintenance in the form c alimony pendente lite and alimony, preserved health insurance coverage for Wife paid by Husban in the event the parties seek out a divorce, and did not address the par'ties' tax status or tax deb Therefore, the parties hereto desire to settle fully and finally their respective financial and properl rights and obligations including, but not limited, of all matters between them relating to the clai for alimony, alimony pendente lite, Husband's health insurance coverage for Wife and the paym due, and the parties' tax status and debt due. R.5: The parties also desire to settle their issues of counsel fees and costs with regard the preparation of this Agreement, and the settling of any and all claims and possibie claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. (2) EQUITABLE REIMBURSEMENT: Husband and Wife stipulate and agree that commencing the 151 month following the execution of this Agreement, Husband shall pay to Wife the sum of One Thousand Five Hundred ($1,600.00) .Dollars per month for twenty-four (24) consecutive months, for a total payment of THIRTY-SIX THOUSAND DOLLARS AND 00/100 ($36,000.00). This determination of equitable reimbursement is contractual in nature, is non- modifiable, and is based upon Wife's waiver of interest in certain other marital property rights together with Husband's assumption of the par'ties' former joint debt included within the Agreement dated January 22, 2009. This grant of equitable reimbursement to Wife begins upon the first month after the date of execution of the Agreement and terminates only because of the expiration of the 24 month time period, or satisfaction of the payment in full. At the time of execution of this Agreement Wife receives payment from Husband pursuant to the parties' Legal Separation and Partial Marital Settlement Agreement, dated January 22, 2009. If at the date of execution of this Agreement, Husband is behind on payments pursuant to the Agreement dated January 22, 2009, Husband shall be obligated to 2 continue to make all payments to Wife owed on a continuing basis, plus begin the equitable j reimbursement payments due herein. Husband shall make the pavments due to Wife pursuant to the January 22, 2009 Agreement no later than 45 days after execution of this Agreement. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for financial maintenance pursuant to the January 22, 2009 Agreement shall accrue interest at the rate of 10% per annum. As of March 2010, Husband was in default and in breach of the January 22, 20091 Agreement for his failure to make payments due to Wife for January 2010, February 2010 and March 2010. Wife hereby agrees that the payments due to her pursuant to the January 22, 2009 Agreement shall be paid by Husband in a lump sum no later than 45 days after the date of execution of this Agreement. The parties agree that the entire amount being paid to Wife pursuant to this paragraph is not intended to be alimony, and therefore is not included in Wife's income and not tax deductible to Husband. This payment to Wife shall be paid from Husband directly to Wife on a monthly basis, to be received by the fifth day of each month. (3) MEDICAL INSURANCE: Pursuant to paragraph 13(b) of the parties Legal Separation and Partial Marital Settlement Agreement, dated January 22, 2009, Husband was 11 directed to continue to maintain health insurance coverage for Wife through his employment with C.B. Richard Ellis, Inc. or any subsequent employer as long as the parties are married. Husband was directed to cooperate and assist Wife in utilizing said insurance coverage and processing any insurance claims. From the date of execution of the Agreement Husband failed to maintain health insurance coverage for Wife, in that Wife was not covered by Husband's health insurance through his employer, but had to seek out COBRA coverage at her own cost. The cost to Wife for the coverage, including out of pocket coverage and deductibles Husband should have paid 3 for the months from the date of execution of the January 22, 2009 Agreement to the date of execution of this Agreement is NINE THOUSAND FOUR HUNDRED TWENTY-FOUR DOLLARS AND 35/100 ($9,424.35). Husband shall reimburse Wife the total cost of by making payment to her at the rate of $1000 per month beginning with the month Agreement is executed, until the total is paid in full. Payments shall be made in nine (9) consecutive payments of.$1000.00, with the final payment being $1,424.35. Payments shall be made by thel first day of each month and shall be paid directly to Wife. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for health insurance shall accrue interest at the rate of 10% per annum. . From the date of this Agreement forward,. Husband and Wife shall each be responsible for the cost of any unreimbursed medical expenses for themselves for all medical, dental, eye, and/or any other health related costs, to include and not be limited to psychological and counseling expenses. Husband and Wife shall each maintain separate coverage for their own health insurance from the date of this Agreement forward. (4) INCOME TAX: A: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the-event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any doss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B: The parties filed joint returns for the 2007 and 2008, and have been notified by the IRS of tax deficiencies for failing to report income for 2007 and 2008 tax years. Husband 4 shall hold Wife harmless and indemnify her for all claims made against the parties by the IRS, U? Treasury, PA Department of Revenue and any other tax collection agency for the tax filing frorr any and all states, countries, local municipalities or otherwise made for these years. Husband shat be responsible for making any and all payments due to all tax collection agencies in any amount fo. the tax years 2007, .2008 as requested by the tax collection agencies, including but not limited tc the principal amount due, interest and penalty. Wife shall submit an "Innocent Spouse Form" tc which Husband shall not deny; Husband shall file any other documents necessary to suppor Wife's claim of innocent spouse for -these tax years. In addition, Husband shall bear the expensE of the CPA cost outstanding due for the prior years' joint filings and all CPA costs outstanding fo the tax assistance received by either party in the tax collection efforts of the IRS and Department o Revenue. The total cost for the Innocent Spouse Form was $200, which Wife has paid. Husbanc shall make payment to Wife within 15 days of execution of this Agreement. C: In the event the parties file a joint 2010 federal and/or Pennsylvania incomE tax return, Husband shall pay any deficiency due on the return(s). In the event the parties are dL a refund, the parties shall divide any refund equally. in,that event, Husband shall use his portion the refund to make payment to Wife for Husband's obligations under paragraph 3 of th Agreement, for his medical insurance payments due to Wife. Husband shall bear the expense preparing all joint tax returns for the 2010 tax year. The parties have used the services of Ji Holland, CPA, and anticipate charges of approximately $500 for tax preparation charges for tt 2010 filing. (5) DEBTS: Husband failed to disclose the existence of an outstanding credit ca balance due to Bank of America, in the approximate amount of $9,500.00, at the time the pars negotiated their Legal Separation Agreement referenced herein. Wife has maintained payment the debt since execution of the prior Agreement. Husband shall be responsible for the amo due, making payment to Wife for her maintenance of the expense. Husband shall pay to Wife 5 amount of $1,000.00 per month, payable in .9 consecutive months, with the final and 10" payment in the amount of $500.00. Each payment shall be made by the fifth day of each month and shall be made directly to Wife. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for the debt due shall accrue interest at the rate of 10% per annum. (6) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement withwhich to consult with counsel. Wife is represented by Marylou Matas, Esquire, and, has been advised that she may be represented by counsel of choice. Husband has been advised that he may be represented by counsel of his.choice. Husband has been advised,of the right to retain an attorney; knowing that, he has elected to proceed without counsel Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result OT any duress or undue influence, and that it is-not the-result of any improper or illegal agreement or agreements. (7) LEGAL FEES: In the review and preparation of this Agreement, Husband shall contribute $1750 toward Wife's legal fees. Husband shall make payment to Wife within 45 days execution of this Agreement. In the event of Husband's failure to pay, in addition to the remed outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for fees shall accrue interest at the rate of 10% per annum. (8) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at request of the other, execute, acknowledge and deliver to the other party any and all fur instruments that may be reasonably required to give full force and effect to the provisions of Agreement. 6 r BANKRUPTCY: The parties hereby agree that the provisions of this Agreement (9) shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if:this Agreement.had never been entered into. (10) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and. received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (11) RIGHTS -ANDLLRESPONSIBILITIES:-Husband.and .Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (11) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. 7 (12) RELEASE OF ALL CLAIMS: Except as maybe otherwise specifically provided this Ag reement, Husband and Wife, for themselves ,.their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, wheth real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature courtesy.and.dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under-the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a decea: spouse's estate in anyway, whether arising under the laws of Pennsylvania or any other coun territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or connection with the marital relationship or the joint ownership of property, whether real, personal mixed; H. All rights, claims, demands, liabilities and obligations arising under 8 provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, a under the provisions of any -similar statute enacted by any other country, state, territory or politi subdivision; 1. All rights,.claims, demands, liabilities and obligations each party now has, or m hereafter have, against or with respect to the other. (13) GOVERNING LAW: This Agreement shall be construed under the law of . Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid unenforceable, all other provisions shall continue in full force and effect. (14) INCORPORATION INTO DECREE: In the event that either of the parties shal recover a final judgment or decree of absolute divorce against the other in a court of corn jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance b shall not be merged into such judgment or decree and this Agreement shall survive any such fin judgment or decree of absolute divorce and shall be entirely independent thereof (15) BREACH: In the event that either party breaches any provision of this Ag he or she shall be responsible for any and all costsincurred to enforce the Agreement, including but not limited to, court cost and counsel fees of the other party. In the event of breach, the othe party shall have the right, at his or her election; to sue for damages for such breach or to seek suet other and additional remedies as may be available to him or her. (16) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understandi between the parties and there are no covenants, conditions, representations, or agreements, o or written, of any nature whatsoever, other than those herein contained. (17) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have here set their hands and seals the day and year first written above. 9 WITNESS: HONY Date RONALD Date PATRICIA A. ANTHONY 2-o REPUBLIC OF CHINA On this day of , 2010, before me, the undersigned, personally appeared RONALD D. ANTHONY whose name is subscribed to the within instrument, and acknowledged -that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary-Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this day of A-Lj_? i , 2010, before me, the undersigned, personally appeared .PATRICIA A. . THONY whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public NOTARIAL SEAL BARBARA E. STEEL, Notary Public Carlisle Bore; Cumberland County, PA Niv Commission Expires June 7, 2011 11 1 J t;s f' t yes.' £ ?1lIT?{IT! a`a. Y? . .. .u4s 5 ui t? - ?wR?(ho^tTiF1. -4ncY t'3?? ???x^?????' ` r'rrt? r^!:`.?t?l'i'b.. `J•,:ip ?' ? ?;.?;. , ,a 'F. _ ?.' f +"'?i' -?'L?. t,f:r?:i,? :'i.4 LAST WILL AND TESTAMENT P_ NANCY T. ANTHONY 1, NANCY T. ANTHONY, of Hampden Township, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this to be my Last Will and _ Testament, hereby revoking any and all Wills and Codicils previously made by me at .any time heretofore. FIRST.- I hereby direct that my personal representative(s), hereinafter named, to pay all of my just debts, not barred by any statute of limitations, as well as my funeral and testamentary expenses, including Pennsylvania inheritance Taxes, as soon after my demise as may be practicable. SE C Q IV Q: I hereby give, devise. and -bequeath all the rest, residue and remainder .of my estate, equally and per capita, among my four children: Richard H. Anthony.Jr., Sharon Anthony Wang, =- John M. Anthony, and r Ronald D. Anthony --- THIRD: Be it known that I desire to be cremated and request thoe be no maudlin funeral or memorial services conducted following my demise FOURTH: I hereby nominate, constitute and appoint my daughter Sharon A. Wang, as Execubk of this, my Last Will and Testament- In the event that Sharon predweases me, talls to qually, ceases to act. or for some reason is inz;apable of performing such task, I theca nominate, constitute and appoint my soya,-John Michael AnIt", as executor. In Ih-- evert that John pred$cisases me, tags to quality. ceases to act, or for some reason is incapable of performing such task, I nominate, constitute and appoint my son, Ronald D., as exeautor. E FT : The above named persons shag robe required to post bona or surety in this or any other jurisdiction for fakNul compkance of the duties as personal representative of my estate. IN WITNESS WHEREOF, I hereby set my hand and seal and dectare this to be my, LAST WILL AND TESTAMENT, -consisting of this and one ottor typewritten°page ?itierit istt^bjr my;.s1i e?itt re;"dated-,ow#his, the_h( day of. V1.2009 . Nancy T. BE IT KNDWN, that at the request of the testalrix, we have witnessed the signing of this dowment, in her presence, and in the presence of each other. (Address). 20 S r4; 6i ??n 0 . I Y?V?ni l eel 5narpt -- -- - - - -- - --- -- - (Address) o?U -h G r r f n !fir . (Yt?ay+ctnc? 'a??ri a ?K•k?.><] _ 11, f -- t A '7o5Cj COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND ) f3CCIC? S?rQe. N??NCY T. ANTHONY, and ???? -- cum oc? the Testatri, a the witnesses, respively, `.whose names are sign to the attached and egoing instrument, berg first duty sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her .Last Will and Testament Fur& el more, she seined and executed it willingly, as a free and voluntary act, for the purposes therein expressed. Each of us, as witnesses, in the presence and hearing of the Testatrix and each other, signed the Will as wit vwaes, .and that to the hest of our knovAedge and sight, the Testatrix, was atthe.time eighteen-(1S) or more years of age, of sound.-an and disposing mind, memory and undwstanding der no con Taint, duress or undue influence. i WITNE5 IANCY Y. -ANTH0N'Y (Testatrix) / ESS Subscribed, sworn to and acknowledged before me by: NANCY T. ANTHO Y, the Tes and by cl/? and le GY y S ca ? r? r 0k ho.r l the , all of whom personally appeared before me, the undersigned officer, on this, the day of J L )-Y.%. -e .20Q9 my Commission Expires. ryiarc.h a) /-) O COMMONWEALTH OF PENNSYLVANIA Notarial Seal Elizabeth K. Hull, Notary Public Silver Spring Twp., Cumberland County My Commission Expires Mar. 20, 2010 Member, Pennsylvania Association of Notaries subject: Sorry did not reply was out of town on work.. From: Anthony, Ron @ Shanghai (ron.anthony@cbre.com.cn) To: paarda@yahoo.com; Cc: ranthony@facilitycenterchina.com; Date: Monday, January 16, 2012 12:26 AM Sorry I did not get your emails until last night was out of town on work and getting ready for the bi Chinese holiday coming this weekend and next week. So let me bring you up to speed on a few things..... As far as money goes I am still planning on giving you some of the money I get from the estate wl is cleared. I will get the first -bitfromher Fidelity in about 30. days not sure how much but my inte to give you 1/2 of it maybe l OK if my calculations are right. Next I have been told the house will the market very soon so maybe till spring or summer till it get sold but this is only what Mike thinl they have a few people interested already. So as far as money goes this is how I will need to pay y will not start my new job till April or May as always in my life nothing is easy. They. had to put a on the China set-up for many reasons.... So that being said I may lose my current job as my contr, up in March anyhow so may have a month with no pay. So this being said I am holding what little money I have for my trip if I can make it..... I it is on as i. I ld Now if you decide to issue something against me let-me know:as-I will :not return to, the USA then t y may try and hold me...If that would happen and I cannot return to China cannot work and cause me lot of trouble for Ami and Lina. So if you can hold off I will be sure to give you money as soon as I get it. So regard to Hillary.... Was just a courtesy she caught me on FB and asked me all kind of questions so I answered nothing more nothing less. I have no intent of becoming good friends with her again as .... I also know hove she can be and if I did not respond it may have just fueled her fire once more and do of want that in the social media. I am shocked to hear about hunter drive ... if the mold was there it was probably after shithead left place vacant and cold for however long ... I am glad to hear someone is taking care of it now. If I back would like to go see it. In closing I am sorry things are not working out the way you want with money and home. I am h you can get to back CA and start over again is the best place for you I think. If all goes well I am planning on retiring in the bay area then trips to China will be easy from SF and will be warm. http://us.mu6.mail.yahoo. com/neo/launch?.rand=03250utOeOi5 l 1/26/4012 1 ?; llll Regards, Ron Anthony I Associate Director Facilities Management "Trans.i.lion and Solutions Global Corporate Services I China CBRE I Shanghai 11 F ( Wheelock Square 11717 West Nanjing Road I Shanghai, PRC 200040 T 86 21 2401 1340 F 86 21 5403 7435 1 M 86 1360 176 9802 ron anthony cQcbre.com.cnJ www.cbre.com.cn o #tR1 a i ftb J ?IQ , W01 3V , I-A , 4F 4 i mJ ?f? o i iT RP447W Q 4„ *MIA Z'O*,er-P SIX. Oil 10 3f?o www.Gbre.comNotice to recipient: This e mail is meant for only the intended recipient of the transmission, and may contain information of Cl that is confidential and/or privileged. If you received this e-mail in error, any review, use, disseminz distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of the err-oi return e-mail and please delete this message from your system. Thank you in advance for your cooperation. www.cbre.com 42t by http://us.mg6.mail.yahoo.com/neo/launch?.rand=O325OutOeOi51 1/26/PO 12 Subject: RE: Have not heard from you From: Anthony, Ron c@ Shanghai (ron.anthony@cbre.com.cn) To: paarda@yahoo.com; Date: Tuesday, March 13, 2012 5:12 AM Dear Patty, Yes I will be paying you 5,000 more as soon as my stock is sold I made the transfer last Thursday s should be OK now. Will do later this week. However that is all I will be able to give you out of the fund, will need to pay off more when the house sells need to have money to come home in May. I will give you 1 K per month till then. Ronald Anthony I Associate Director Facilities Management Transition and Solutions Global Corporate Services I China CBRE I Shanghai 11th Floor I Shanghai Wheelock Square 1717 Nanjing West Road Shanghai, PRC 200040 T 86 21 2401 13401 M 86 1360 176.9802 ron.anthony@cbre.com.cn www.cbre:com:cn From: Patty Anthony [mailto:paarda@yahoo.com] Sent: 2012030120 0:20 To: Anthony, Ron @ Shanghai Subject: Re: Have not heard from you Hi Ron, http://us.mg6.mail.yahoo.com/neo/launch?.rand=cuuvf736462nf 3/14/20 PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RONALD D. ANTHONY, Defendant NO. 09-6602 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 21St day of May, 2012, upon consideration of Plaintiff's Petitio for Special Relief, a Rule is hereby issued upon Defendant to show cause why the relie f requested should not be granted. RULE RETURNABLE within 45 days of service. BY THE COURT, Christylee . Peck, J. Marylou Matas, Esq. West High Street Carlisle, PA 17013 Attorney for Plaintiff c Q rD Ronald D. Anthony rq Cc a -?, No. 17 Hua Ting Road rn --? -u Building 2 Apartment 201 rn C:) Xu Hui District Shanghai 200031 ?-o --+c7 z--r, PRC c) CD -1-1 , c=; Defendant, pro Se :rc TRUE COPY FROM REC R7 in Testlmony whereof, I here unto s and the 8" of seid Court at C l my hand ar isle Thils_,2-defya ? , Pa. 0 /a Prc 1C? - 'e- thonotary qp ' V PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLV V. NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW RONALD D. ANTHONY, : c Defendant/ Respondent IN DIVORCE mm 'V zm W AFFIDAVIT OF SERVICE c.) I, Marylou Matas, Esquire, being duly sworn according to law, hefeby::> deposes and says that on May 23, 2012 she served a true and correct copy ! !! of the Order of Court upon Ronald D. Anthony, by electronic mail, "read receipt" requested to his electronic mail addresses of rantihonyiMfacilityicenterchina.com and ron.anthony(Mcbre.cn. Attached is the "read receipt" showing Defendant opened the electronic mail on May 26, 2012. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS I Law Offices of Saidius Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Dated: SIS612612. I V] UhJA AU-- Q._ Ma et'i tas, Esq re ID No. 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff C.? - ca ? =; Hannah From: Ron Anthony <ranthony@facilitycenterchina.com> To: Hannah White-Gibson Sent: Saturday, May 26, 2012 5:50 AM Subject: Read: Order of Court Your message To: Subject: Read: Order of Court Sent: Saturday, Mby 26, 2012 9:50:03 AM (UTC) Monrovia, Reykjavik was read on Saturday, May 26, 2012 9:49:52 AM (UTC) Monrovia, Reykjavik. PATRICIA A. ANTHONY, Plaintiff V. RONALD D. ANTHONY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6602 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE C zr- -< C- C3 r-a co MOTION FOR EXTENSION OF TIME TO REPLY TO RULE ISSUED ON MAY 21.2012 ca h3 AND NOW, come Ronald D. Anthony, by and through his attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. Ronald D. Anthony resides at No. 17, Hua Ting Road, Building 2, Apartment 201, Xu Hui District, Shanghai, China 200031. 2. On July 20, 2012, Mr. Anthony contacted undersigned counsel via email requesting legal advice regarding the May 21, 2012 Rule to Show Cause issued in this case. 3. Undersigned counsel was only able to meet with Mr. Anthony briefly on July 27, 2012 regarding this matter, and Mr. Anthony had virtually no information in his possession at that time. 4. On or about July 29, 2012, Mr. Anthony returned to China, where he resides and where his personal and financial records are located. 5. On August 2, 2012, Mr. Anthony formally asked undersigned counsel to represent him in this matter. 6. Undersigned counsel is new to this case and has very little information about the case aside from the two Marital Settlement Agreements and Wife's Petition w, rat ray for Special Relief. 7. Undersigned counsel needs additional time to confer with' Mr. Anthony in order to respond to the Rule in a complete and knowing fashion. 8. Honorable Christylee L. Peck has been assigned to this case. 9. Marylou Matas, Esquire attorney for the Plaintiff, does not concur with the filing of this Motion. WHEREFORE, undersigned counsel requests that this Honorable Court direct that Mr. Anthony have an extension to reply to the May 21, 2012 Rule and that Mr. Anthony have until September 14, 2012 to reply to said Rule. Respectfully submitted, BARIC SCHERER LLC MXAAL tI". s ael A. S erer, Esquire # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 CERTIFICATE OF SERVICE I hereby certify that on August ? , 2012, I, Jennifer S. Lindsay, secretary at Scherer LLC, did serve a copy of the Motion For Extension Of Time To Reply To Ru Issued on May 21, 2012, by first class U.S. mail, postage prepaid, to the party listed below as follows: Marylou Matas, Esquire Saidis, Sullivan & Rogers 26 West High Street Carlisle, Pennsylvania 17013 PATRICIA A. ANTHONY, Plaintiff V. RONALD D. ANTHONY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6602 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Ronald D. Anthony, in t above-captioned matter. Respectfully submitted, BARIC SCHERER LLC !J i h I A. Scherer, Esquire rrnlal D.# 61974 Date: August 8, 2012 19 West South Street I.. ?, Carlisle, PA 17013 -n (717) 249-6873 r ie `C ._; f CERTIFICATE OF SERVICE I hereby certify that on August 8, 2012, I, Jennifer S. Lindsay, secretary at Bari Scherer LLC, did serve the Praecipe for Entry of Appearance, by first class U.S. mai postage prepaid, to the party listed below, as follows: Marylou Matas, Esquire Saidis, Sullivan & Rogers 26 West High Street Carlisle, Pennsylvania 17013 PATRICIA A. ANTHONY, Plaintiff v. RONALD D. ANTHONY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6602 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ORDER OF COURT AND NOW, this /3.1~y day of August, 2012, upon consideration of the within Motion For Extension Of Time To Reply To Rule Issued on May 21, 2012, the Defendant is given until September 14, 2012 to respond to the May 21, 2012 Rule. BY THE COURT, / uire Marylou Matas, Esq Saidis, Sullivan & Rogers 26 West High Street Carlisle, Pennsylvania 17013 ~ Michael A. Scherer, Esquire Baric Scherer LLC 19 West South Street Carlisle, Pennsylvania 17013 ear ~'QS m~.c ~, ~ /~/«.. ~~ ~ ~~C Christy e L. Peck, J. 4, '.1 rn. Yr^a ~"~ .T'i.. ~.~ ~--~ .,,j C/) ~ .~ F~ "~ ~ W `-' ~ ~., ~ ~ ~~ .~- ~ ~~_ -- ;, :.~ PATRICIA A. ANTHONY, Plaintiff/Petitioner V. RONALD D. ANTHONY, Defendant/ Respondent ' IN THE COURT OF COMM L A SVA LAND COUNTY , CUMBER ~ Z Z ra. NO. 2009-6602 CIVIL M Cn CIVIL ACTION - LAW :P, C-, , IN DIVORCE . J. PECK T PLAINTIFF'S OBJECTION TO DEFENDANT'S COUNSEL'S MOTION TO WITHDRAW 1. The Plaintiff in this matter is PATRICIA A. ANTHONY, and she is represented this action by Marylou Matas, Esquire. 2. The Defendant in this matter is RONALD D. ANTHONY, and he is represented by Michael A. Scherer, Esquire. 3. On May 17, 2012, Plaintiff filed a Petition for Special Relief requesting t enforcement of the Marriage Settlement Agreement. A copy of said Petition attached hereto as Exhibit A. 4. Defendant was served with the Petition for Special Relief on May 17, 2012. 5. On May 21, 2012, an Order was entered, giving Defendant 45 days to respond to the Rule to Show Cause why Plaintiff is not entitled to the relief requested. A copy of said Order is attached hereto as Exhibit B. 6. Defendant was served with the Order on May 23, 2012. The Affidavit of Service was filed with the Court on May 31, 2012. A copy of the Affidavit is attached hereto as Exhibit C. 7. Defendant responded to Attorney Matas' service, acknowledging he had Law Offices of Sadis sunivan & Rogers 26 West High Street Carlisle, PA 17013 received and read the Order of Court in an email dated May 26, 2012. Said response is attached hereto as Exhibit D. 8. Defendant did not file an Answer within the allotted 45 day period. 9. On July 27, 2012, Plaintiff filed a Motion to Make Rule Absolute on the basis that Defendant had not responded. Said Motion and Amendment to Motion are attached hereto as Exhibit E. 10. On August 8, 2012, twenty-nine (29) days after Defendant's deadline to respond, Attorney Scherer filed his entry of appearance. 11. Defendant's attorney requested an extension of time in order to file an answer 12. This Court granted Attorney Scherer's request for an extension of time. The Order is attached hereto as Exhibit F. 13. On September 14, 2012, Defendant filed an answer that failed to specifically address a majority of Plaintiffs allegation in that it did not include Defendant's proposition for his dates of payments, amount of any payments he made or attachment of exhibits showing proof of payments. 14. Defendant currently stands to inherit a substantial sum from his mother's estate. 15. On September 13, 2012, Plaintiffs counsel filed a Petition for Special Relief which requested this Court order Defendant to escrow the proceeds he receives as beneficiary of his mother's estate. This Motion is attached hereto as Exhibit G. Law Offices of Sadis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 16. On September 30, 2012, a majority of Defendant's mother's estate was auctioned off, including the real estate. 17. The real estate sold for $291,000 and settlement is scheduled for November 14, 2012; a copy of the Agreement of Sale for the Real Estate is attached as Exhibit H. 18. Defendant contacted Attorney Scherer on September 30, 2012, the day of the real estate auction, to inform the attorney he no longer required representation in this matter. 19. On October 4, 2012, Attorney Scherer filed a Motion to Withdraw as Counsel. 20. Defendant's counsel did not contact Plaintiffs counsel regarding her concurrence. 21. It is Plaintiffs belief that Defendant is purposely acting to delay the proceedings against him by: a. refusing to respond to pleadings during the prescribed period; b. retaining Attorney Scherer to request an extension of time to file an Answer; c. failing to provide information to his attorney to file a more specific pleading to allow this matter to proceed at trial; and d. attempting to proceed without representation conveniently after his mother's estate has been liquidated. 22. It has been over three (3) years since the parties executed their Legal Separation and Marriage Settlement Agreement and Addendum thereto. Since that time, Defendant has not made a significant payment owed to Plaintiff. 23. Under the parties' agreements, Defendant currently owes Plaintiff over $70,000.00 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 24. Defendant currently resides in the People's Republic of China. 25. If Attorney Scherer's Motion is granted, Plaintiff will experience difficulty and further delay in this matter due to Defendant's location and general disregard for time limitation imposed by this Court. 26. Under Pa. R.C.P. 1012(b): (1) Except as provided in paragraph (2), an attorney may not withdraw his or her appearance without leave of court. (2) An attorney may withdraw his or her appearance without leave of court if another attorney (i) has previously entered or (ii) is simultaneously entering an appearance on behalf of the party, and the change of attorneys does not delay any stage of the litigation. 27. No other attorney has entered his or her appearance in this matter. 28. A hearing is scheduled on the issue of Plaintiffs request to Escrow funds, for November 1, 2012. 29. In the event Defendant is not represented, Plaintiff is concerned that she will be further delayed in this matter, through Defendant's additional attempts to evade contact and communication. WHEREFORE, Plaintiff respectfully requests this Honorable Court deny the Motion Withdraw as Counsel and enter the above Order. Respectfully submitted, Law Offices of Sa>Zidss Sullivan do Rogers 26 West High Street Carlisle, PA 17013 Date: 10/ f l Zo t Z -r- SAIDIS, SULLIVAN & ROGERS Maryas, Esqu e Supreme Court No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW RONALD D. ANTHONY, Defendant/ Respondent IN DIVORCE J. PECK VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Patricia A. Anthony Reich Date: Law Offices of Saudis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW RONALD D. ANTHONY, Defendant/ Respondent IN DIVORCE J. PECK CERTIFICATE OF SERVICE I hereby certify that on this day of , 2012, a true and correct copy the attached Motion was served by electronic mail and regular, first class, pre-paid mail to: Ronald D. Anthony Number 17 Hua Ting Road Building 2 Apartment 201 Xu Hui District Shanghai 200031 PRC Email: ron.anthony(a-cbre.com.cn; ranthonyO-facilitycenterchina.com Michael Scherer, Esquire 19 West South Street Carlisle, PA 17013 Attorney for the Defendant SAIDIS, SULLIVAN & ROGERS Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 MaryW as, Esquire Supreme Court ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Counsel for Petitioner/Plaintiff ,aw Offices of Saidis ;ullivan Rogers West High Street arlisle, PA 17013 PATRICIA A. ANTHONY, Plaintiff/Petitioner V. RONALD D. ANTHONY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW Defendant/ Respondent IN DIVORCE ORDER OF COURT AND NOW, day , 2012, upon presentation and review of the attached Petition for Special Relief: IT IS HEREBY ORDERED that Defendant/Respondent, Ronald A. Anthony, is found in breach of the Marital Agreement; and 1. Defendant/Respondent shall be responsible for all outstanding amounts due to Plaintiff/Petitioner, in the amount of $70,392.33; 2. Defendant/Respondent shall be responsible for Petitioner's counsel fees and costs incurred in the preparation and filing of this Petition, in the amount of $952.50. 3. Defendant/Respondent's wages shall be attached for payment. 4. Any property that Defendant/Respondent owns or has an interest in shall be attached to the extent of his outstanding amounts due to Plaintiff/Petitioner. By the Court J. Distribution: Marylou Matas, Esquire Attorney for Plaintiff/Petitioner Ronald D. Anthony, pro se Respondent Number 17 Hua Ting Road Building 2 Apartment 201 Xu Hui District Shanghai 200031 PRC ranthonvnfacilitvicenterchina.com ron. anthonyrd.cbre. corn . crl F 'C PATRICIA A. ANTHONY, Plaintiff/Petitioner V. RONALD D. ANTHONY, Defendant/ Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, upon presentation and review of the within Petition for Contempt, it is hereby directed and Ordered that: 1. Respondent shall have 20 days upon service to file an Answer to the within Petition. 2. A hearing is scheduled for , 2012, in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court J. .aw Offices of C . V. Rogers . West High Street :arlisle, PA 17013 Distribution: Marylou Matas, Esquire Attorney for Plaintiff/Petitioner Ronald D. Anthony, pro se Respondent Number 17 Hua Ting Road Building 2 Apartment 201 Xu Hui District Shanghai 200031 PRC ranthony@faci l itvicenterchi na.com ron.anthony@cbre.com.cn t i 1 I PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSY LVANIA C) V. NO. 2009-6602 CIVIL TERM -oa ;73 ?-1 CIVIL ACTION - LAW M W = rn- RONALD D. ANTHONY, rri Defendant/Respondent IN DIVORCE •,.r C; CIO n ' n ear PETITION FOR SPECIAL RELIEF --t crl AND NOW, comes Patricia A. Anthony, by and through her counsel Marylou Matas, Esquire, of Saidis, Sullivan & Rogers and petitions this Honorable Court as follows: 1. Ronald D. Anthony, (hereinafter "Respondent"), and Patricia A. Anthony, hereinafter "Petitioner"), were married on June 8, 1996 in Camp Hill, Pennsylvania. 2. Parties separated on January 20, 2009 when Respondent moved to China. 3. Parties entered into a Legal Separation and Partial Marital Settlement Agreement on January 22, 2009, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 4. Paragraph 13(a) of the 2009 Marital Settlement agreement provides as ,aw Offices of Ca rile Sullivan z Rogers i West High Street :arlisle, PA 17013 follows: HUSBAND And WIFE acknowledge that WIFE is unable to work due to her medical condition and disability. HUSBAND and WIFE further agree that HUSBAND shall pay to WIFE the sum of One Thousand Dollars ($1, 000.00) per month for her maintenance and support until the parties are divorced or reconcile and that said sum shall not be deemed taxable income to WIFE or deductible to HUSBAND for income tax purposes. 5. Respondent failed and refused to comply with the parties' Agreement, in that he failed to make payments consistently to Petitioner from the date of the January 22, 2009 Agreement through the date of the parties' divorce. 6. Paragraph 13(b) of the 2009 Marital Settlement Agreement provides as follows: HUSBAND and WIFE specifically agree that HUSBAND shall continue to maintain health insurance coverage for WIFE through his employment with C. B. Richard Ellis, Inc. or any subsequent employer as long as the parties are married. HUSBAND shall provide WIFE with health insurance cards and cooperate and assist her in utilizing said insurance coverage and processing any insurance claims. HUSBAND also agrees that WIFE shall have the legal right to contact said insure(s) and to receive any insurance reimbursement monies related to her medical expenses and care. 7. Respondent failed and refused to comply with the parties' Agreement, in that he failed to maintain health insurance on Petitioner as required by the 2009 Marital Agreement. The parties were divorced by decree on May 10, 2011, a copy of which is attached hereto as Exhibit "B". 9. On August 20, 2010, the parties executed a Marital Settlement Agreement and Addendum, a copy of which is attached hereto and incorporated herein by reference as Exhibit "C". 10. The parties' Marital Settlement Agreement and Addendum incorporates their January 22, 2009 Legal Separation and Partial Marital Settlement Agreement. 11. The parties' decree in divorce incorporates the terms of the parties' Marital Settlement Agreement and Addendum dated August 20, 2010. 12. Paragraph 2 of the Marital Settlement Agreement and Addendum provides as Law Offices of Saidis Sullivan t Rogers i West High Street ;arlisle, PA 17013 follows: EQUITABLE REIMBURSEMENT. Husband and Wife stipulate and agree that commencing the I" month following the execution of this Agreement, Husband shall pay to Wife the sum of One Thousand Five Hundred ($1,500.00) Dollars per month for tweno, four (24) consecutive months, for a total payment of THIRTY-SIX THOUSAND DOLLARS AND 00/100 ($36,000.00). This determination of equitable. reimbursement is contractual in nature, is non-modifiable, and is based upon Wife's waiver of interest in certain other marital property rights together with Husband's assumption of the parties' former joint debt included within the Agreement dated January 22, 2009. This grant of equitable reimbursement to Wife begins upon the first month after the date of execution of the Agreement and terminates only because of the expiration of the 24 month time period, or satisfaction of the payment in full. At the time of execution of this Agreement Wife receives payment from Husband pursuant to the parties' Legal Separation and Partial Marital Settlement Agreement, dated January 22, 2009. If at the date of execution of this Agreement, Husband is behind on payments pursuant to the Agreement dated January 22, 2009, Husband shall be obligated to continue to make all payments to Wife owed on a continuing basis, plus begin the equitable reimbursement payments due herein. Husband shall make the payments due to Wife pursuant to the January 22, 2009 Agreement no later than 45 days after execution of this Agreement. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the suns not paid by Husband hereunder due for financial maintenance pursuant to the January 22, 2009 Agreement shall accrue interest at. the rate of 10% per annum. As of March 2010, Husband was in default and in breach of the January 22, 2009 Agreement for his failure to make payments due to Wife for January 2010, February 2010 and March 2010. Wife hereby agrees that the payments due to her pursuant to the January 22, 2009 Agreement shall be paid by Husband in a lump sum no later than 45 days after the date of execution of this Agreement. The parties agree that the entire amount being paid to Wife pursuant to this paragraph is not intended to be alimony, and therefore is not included in Wife's income and not tax deductible to Husband. This payment to Wife shall be paid from Husband directly to Wife on a monthly basis, to be received by the fifth day of each month. 13. Respondent has failed and refused to comply with the parties' Agreement, in that he has failed and refused to make the payments to Petitioner as provided and agreed pursuant to paragraph 2 of the Marital Settlement Agreement and Addendum. 14. At the time of execution of the Agreement in August 2010, Respondent had been in breach of the 2009 Agreement for his failure to make payments to Petitioner in the $1,000 monthly amounts for the months of January 2010 through August 2010. 15. Respondent has failed and refused comply with the terms of the Marital Law Offices of Saidiic 3UlliyA n k Rogers i West High Street .arlisle, PA 17013 Settlement Agreement and Addendum, in that he has failed and refused to make the lump sum payment to Petitioner in the amount of $8,000.00, due no later than November 25, 2010. 16. Respondent has failed and refused comply with the terms of the Marital Settlement Agreement and Addendum, in that he has failed and. refused to make the monthly $1,500 payments to Petitioner for equitable reimbursement, since execution of the agreement. 17. Paragraph 3 of the parties' Marital Settlement Agreement and Addendum provides as follows: MEDICAL INSURANCE: Pursuant to paragraph 13(b) of the parties Legal Separation and Partial Marital Settlement Agreement, dated January 22, 2009, Husband was directed to continue to maintain health insurance coverage for Wife through his employment with C.B. Richard Ellis, Inc. or any subsequent employer as long as the parties are married. Husband was directed to cooperate and assist Wife in utilizing said insurance coverage and processing any insurance claims. From the date of execution of the Agreement Husband failed to maintain health insurance coverage for Wife, in that Wife was not covered by Husband's health insurance through his employer, but had to seek out COBRA coverage at her own cost. The cost to Wife for the coverage, including out of pocket coverage and deductibles Husband should have paid for the months from the date of execution of the January 22, 2009 Agreement to the date of execution of this Agreement is NINE THOUSAND FOUR HUNDRED TWENTY-FOUR DOLLARS AND 351100 ($9,424.35). Husband shall reimburse Wife the total cost of by making payment to her at the rate of $1000 per month beginning with the month Agreement is executed, until the total is paid in full. Payments shall be made in nine (9) consecutive payments of $1000.00, with the final payment being $1,424.35. Payments shall be made by the first day of each month and shall be paid directly to Wife. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for health insurance shall accrue interest at the rate of 10% per annum. From the date of this Agreement forward, Husband and Wife shall each be responsible for the cost of any unreimbursed medical expenses for themselves for all medical, dental, eye, and/or any other health related costs, to include and not be limited to psychological and counseling expenses. Husband and Wife shall each maintain separate coverage for their own health insurance from the date of this Agreement forward. 18. Respondent failed and refused to comply with the terms of the Marital Settlement Agreement and Addendum, in that he has failed and refused to make payments to Petitioner in the monthly amounts due pursuant to paragraph 3 of the Agreement. 19. Paragraph 4(b) of the parties' Marital Settlement Agreement and Addendum Law Offices of Saidis Sullivan ?k Rogers G West High Street ;arlisle, PA 17013 provides in part as follows: "Husband shall be responsible for making any and all payments due to all tax collection agencies in any amount for the tax years 2007, 2008 as requested by the tax collection agencies, including but not limited to the principal amount due, interest and penalty. Wife shall submit an "Innocent Spouse Form " to which Husband shall not deny; Husband shall file any other documents necessary to support Wife's claim of innocent spouse for these tax years. In addition, Husband shall bear the expense of the CPA cost outstanding due for the prior years' joint filings and all CPA costs outstanding for the tax assistance received by either party in the tax collection efforts of the IRS and Department of Revenue. The total cost for the Innocent Spouse Form was $200, which Wife has paid Husband shall make payment to Wife within 15 days of execution of this Agreement. " 20. Respondent has failed and refused to comply with the terms of the parties' Law Offices of Saidis Sullivan k Rogers 6 West High Srreet _?ar isle, PA 17013 Agreement, in that he has failed to reimburse Petitioner for the $200 due for the Innocent Spouse form, due no later than 15 days after execution of the Agreement. 21. Paragraph 4(0)' of the parties' Marital Settlement Agreement and Addendum provides in part as follows: "Husband shall bear the expense of preparing all joint tax returns for the 2010 .tax year. The parties have used the services of Jim Holland, CPA, and anticipate charges of approximately ,$500 for tax preparation charges for the 2010 filing. " 22. Petitioner made payment for the CPA charges for the 2010 tax year; Respondent has failed and refused to comply with the terms of the parties Agreement, in that he has failed to reimburse Petitioner for the $500 due for the CPA charges. 23. Paragraph 5 of the parties' Marital Settlement Agreement and Addendum provides as follows: DEBTS. Husband failed to disclose the existence of an outstanding credit card balance due to Bank of America, in the approximate amount of $9,500. 00, at the time the parties negotiated their Legal Separation Agreement referenced herein. Wife has maintained payment for the debt since execution of the prior Agreement. Husband shall be responsible for the amount due, making payment to Wife for her maintenance of the expense. Husband shall pay to Wife the amount of $1, 000.00 per month, payable in 9 consecutive months, with the final and I e payment in the amount of ,$500.00. Each payment shall be made by the fifth day of each month and shall be made directly to Wife. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for the debt due shall accrue interest at the rate of 10% per annum. 24. Respondent has failed and refused to comply with the terms of the parties' Agreement, in that he has failed and refused to make payments to Petitioner in compliance with paragraph 5 of the Agreement. follows: 25. Paragraph 7 of the Marital Settlement Agreement and Addendum provides as LEGAL FEES: In the review and preparation of this Agreement, Husband shall contribute $1750 toward Wife's legal fees. Husband shall make payment to Wife within 45 days of execution of this Agreement. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum a ; not. paid by Husband hereunder due for legal fees shall accrue interest at the rate of 10% per annum. 26. Respondent has failed and refused to comply with the terms of the parties' Agreement, in that he has failed and refused to make payment for the legal fees he obligated himself to pay. 27. As.per the 2010 Marital Agreement, interest at the rate of 10% per annum accrued on: the unpaid support payments required under the 2009 Marital Agreement; the equitable reimbursement payments required under the 2010 Agreement, paragraph 2; the amount Petitioner spent on securing health insurance; the amount Petitioner paid on the outstanding credit card debt; and Petitioner's legal expenses. As of May 2012, seventeen months after the execution of the 2010 Marital Agreement, Respondent's total interest payment is $5,017.98 Dollars. 28. Respondent continues to be employed by CB Richard Ellis Property Consultants, Ltd, Shanghai earning an approximate salary of $130,000.00. 29. Petitioner's only source of income is social security disability; she anticipates the monthly payments from Respondent to assist with her monthly expenses. 30. Respondent is a beneficiary to his mother's estate, who died on or about December 23, 2011. 31. Pursuant to the Mother's will, Respondent has inherited a one-quarter interest Law Offices of R54 ril.1 it 5ulhvaan k- Rogers G West High Street Carlisle, PA 17013 in her estate. The Mother's estate includes real estate located at 1810 Lambs Gap Road, Mechanicsburg, which the beneficiary's intend to sell. Petitioner believes that Respondent's interest in the real estate, when received, satisfy the debt owed to her. Respondent's Mother's will is attached as Exhibit "D". 31. As recently as March 14, 2012, Respondent recognized his debt owed to Petitioner. Respondent has emailed his acknowledgment of the debt due to Petitioner on various occasions. A copy of the email correspondences from Respondent from January 16, 2012 and March 14, 2012 are attached hereto as Exhibit "E" and Exhibit "F" respectively. 32. Respondent's total amount owed to Petitioner, including interest, is $70,392.33. 33. Petitioner had to hire counsel to pursue this matter, at the rate of $225.00 per hour. 34. Paragraph 15 of the parties' 2010 Martial Agreement states: "In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. " 35. Respondent has failed to comply with the terms of the agreement and Petitioner requests that he be responsible for counsel fees and costs incurred in the pursuit of this Petition. 36. Respondent has previously appeared pro se in the divorce action. 37. A copy of this Petition has been provided to Responded and he does not Law Offices of Saidis Sullivan k Rogers Z West High Street Carlisle, PA 17013 concur with the relief requested. WHEREFORE, Petitioner requests your Honorable Court to find Respondent in contempt of the parties' Marital Settlement Agreement and Addendum, and the Legal Separation and Partial Marital Settlement Agreement, and Order as follows: 1. Direct Respondent to be responsible for all outstanding payments due to Petitioner; 2. Direct Respondent to be responsible for Petitioner's counsel fees and costs; 3. Direct that Respondent's wages be attached for payment; 4. Direct that Respondent's share of his mother's estate be attached for distribution to Petitioner; 5. All other sanctions as appropriate. Respectfully submitted, SAIDIS, SULUVAN & ROGERS Date: S&112 Marylou , Esquire ID No. 849 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff Law Offices of Saidis Sullivan z Rogers i West High Street :2disle, PA 17013 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsifications to authorities. O.a pab, Patricia A. Anthony Date: 5 / I G /) ? PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW RONALD D. ANTHONY, Defendant/ Respondent IN DIVORCE CERTIFICATE OF SERVICE On this day of , 2012, I, Marylou Matas, Esquire, of the law firm of SAIDIS, SULLIVAN & ROGERS hereby certify that on this date a copy of the attached document was served on the following individual, via email and first class mail postage prepaid, addressed as follows: Ron Anthony Number 17 Hua Ting Road Building 2 Apartment 201 Xu Hui District Shanghai 200031 PRC Email: ron.anthonynu.cbre.com.cn; ranthony@facilitycenterchina.com SAIDIS, SULLIVAN & ROGERS Law Offices of ..9. Sullivan Maryl6tr-Malfik Esquire `" Supreme Co D No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 JL...\V$%-'A a 6 West High Street :arlisle, PA 17013 LEGAL SEPARATION AND PARTIAL MARITAL .SETTLEMENT AGREEMENT THIS AGREEIY[ENT, matte this - day of 2009, by and between Patricia Anthony, (hereinafter "WIFE") and Ronald Anthony, (hereinafter "HUSBAI,\TD"); WITNESSETH: WHEREAS, the parties hereto were married on June 8, 1996, in Camp Hill, Peruzsylvania; and separated on January 20 2009; and 'WHEREAS, the parties have no children of this marriage; and 1ATIEREAS, HUSBAND is moving to China and WIFE is remaining m Cumberland County, Pennsylvania and the parties desire to enter in to a binding legal separation agreement now that they -will be living separate and apart and the parties are desirous of forever settling certain economic and other rights and obligations between each other as set forth below. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be. kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. Each party aclmowledges that he or she each had the opportunity to have the provisions of this Agreement and their legal effect fully explained to the parties by legal counsel of his or her own choosing. 'WIFE is represented by Joanne Harrison Clough, Esquire of Camp Hill. HUSBAND has been advised of his right to be represented by legal counsel but has elected to represent himself in the negotiation and the execution of this Agreement. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient kno-wiedge and disclosure of thei7• respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain counsel and/ or such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. f ?. LEGAL SEPARATION. The parties acknowledge that they shall be considered legally separated as of January 20, 2009 and that said date shall be considered their legal separation date in any subsequent Divorce Action thatmay be filed. In the event a Divorce Action is filed, this Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Ag reement shall be incorporated into any Divorce Decree which may be entered Adth respect to them and specifically referenced hi the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution"and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 5. SEPARATION/NON-INTERFERENCE. 1NIFE and HUSBAI\TD may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or i idrrect, by the other in all respects as fully as if they were ulu arried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any buskiess, occupation, profession or employment -which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 6. REAL PROPERTY. Husband and 11\7ife do not own any real property that is marital property subject to equitable distribution. HUSBAND and WIFE specifically acknowledge that WIFE solely owns the real property located at 304 Kay Road, Mechanicsburg, PA 17050 and that said property is non marital property and was acquired by WIFE prior to this marriage. HUSBAND forever waives any right, title, claim or interest hi said real property or the increase hi value of said property. 7. DEBTS. If a part 7 has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND represents and warrants to WIFE that since the separation he has not, and iun the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE hazmJ.ess from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein.. IA71FE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for -which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against 1-Lim by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. a. DEBT ACQUIRED BY HUSBAND: HUSBAND specifically acknowledges that he has incurred the following debts during the course of the marriage without WIFFS knowledge or consent and HUSBAND further a(g ees he shall be solely and individually responsible for said debt and indemnify V>>IFE and hold her harmless on said obligations and said debt shall forever be considered the non marital debt of HUSBAND: a. Citibanl< account no. 380279-380584 approx. balance ' $10,373.00 b. Cid Card account no. 54661600 7348 2950 approx, balance $ 7,303.81 c. American Express account no. 3713 1224 9031006 approx. balance $ 4382.77 RETIREMENT BENEFITS. a. 1AUFE's IBM 401K HUSBAND and IA71FE specifically acknowledge that IA71FE has a 401K retirement account acquired during her employment with IBM. HUSBAND hereby waives his right, title and interest to any of 'WIFE's 401I< or any other pension and/ or retirement and any cmd all other retirement benefits whatsoever, and said asset shall be considered non marital property in the event of a divorce. b. HUSBAND'S RETIREMENT IA71TH C.B. RICHARD ELLIS, INC. HUSBAND and WIFE specifically acknowledge that HUSBAND has certain retirement benefits he has acquired during his employment with C.B.. Richard ELiis, Inc. WIFE hereby waives hei• right, title and interest to any of HUSBAND's retirement with C.B. Richard Ellis, Inc. or any other pension and/or retirement and any and all other retirement benefits whatsoever, and said asset shall be considered non marital property in the event of a divorce. 9. BANK ACCOUNTS. The bank accounts held solely in individual names shall become the sole. and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 10, LIFE INSURANCE. HUSBAND agrees to maintain INIFE as the irrevocable beneficiary of any life insurance policy he now has or may acquire as long as the parties remain HUSBAND and WIFE so long as the parties remain married. In the event that V= subsequently files for divorce, then WIFE shall waive any and all right, title, claim or interest in any of HUSBAND's life insurance policies. 11. PERSONAL PROPERTY. The parties hereto mutually agree that in the event they divorce they -VA7ill divide all furniture, household furnishings and personal property bet?n7een them in a mannez agreeable to botli parties, The parties mutually agree that each party shall from and after the date of this Ag?•eement be the sole and separate owner of all tangible personal property in his or her possession, 12. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any banl<ruptcy or financial reorganization proceedings of any hind while any obligations remain to be performed b3, that 4 party for the benefit of the other parts, puursuant to the provisions of this Agreement, the debtor spouse hereby, waives, releases and relinquishes anj, right to claim any exemption (whether granted under State or Federal law) to anl, property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the .enforcement of this paragraph or any othe7- provision of this Agreement. No obligation created by ti-ds Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each part), waives any and all right to assert tliat obligation hereunder is discharged or dischargeable. The parties mutually, agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of tl-ds Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 1S. SPOUSAL SUPPORT, HEALTH INSURANCE AND ALIMONY PENDENT TTE LITE. a. SPOUSAL MAINTENANCE AND SUPPORT HUSBAND and IN.LF'E acknowledge that WIFE is unable to work due to her medical condition and disability. HUSBAND and WIFE further agree that HUSBAND shall pay to 1ATIFE the sum of One Thousand Dollars ($1,000.00) per month for her maintenance and support until the parties are divorced or reconcile and that said sum shall not be deemed taxable income to WIFE or deductible to HUSBAND for income tax purposes. b. HEALTH INSURANCE COVERAGE FOR WIFE: HUSABAND and IA= specifically agree that HUSBAND shall continue to maintain health insurance coverage for WIFE through his employment with C.B. Richard Ellis, Inc. or any subsequent employer as long as the parties are married. HUSBAND shall provide WIFE with health insurance cards and cooperate and assist her in utilizing said insurance coverage and processing an), insurance claims. HUSBAND also agrees that WIFE shall have the legal right to contact said insurer(s) and to receive any insurance reimbursement monies related to her medical expenses and care. HUSBAND and WIFE specifically, agree that -WIFE is preser-711zg her right to seek alimony, pendente lite and alimony.in the event the parties subsequently seek a divorce. 14. -WIFE'S DISABILITY CLAIM 5 r^ t The parties specifically acknowledge that WIFE is disabled and is in the process of pursuing an appeal of the denial of her Social Security Disability Claim. HUSBAND and WIFE agree that in the evens WIFE is successful in securing a disability determination from the Social Security Administration any past; present or future disability award and payments to WIFE are to be WIFE'S sole and separate property and HUSBAND forever wai?,es any right, title, claim or interest thereto. 15. ATTORNEY FEES, COURT COSTS. Each parts, hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses associated with the preparation of this Agreement. 16. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 17. MUTUAL COOPERATION. WIFE and HUSBAIITD shall mutually cooperate with each other in order to carry through the terms of this Ab eement, including but not limited to, the signing of documents. 18, VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in lave or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 19. APPLICABLE LAW AND JURISDICTION. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. HUSBAND and 11\7IFE specifically agree that Pennsylvarv.a shall be the divorce jurisdiction for anll subsequent divorce that may be filed by either party. 20. ENTIRE AGREEMENT. 6 This Agreement contains the entire understanding of the parties, and there are rio representations, warranties, covenants or undertakings other than those expressly set forth herein. 21, CONTRACT INTEr.PRETATION. For purposes of contract interpretation and for the purpose in a•esolving any ambiguity herein, the parties agree that this Agreement was prepared jointly b3? the parties. 22. SUBSEQUENT RECONCILIATION. This Agreement shall remain valid survive any subsequent reconciliation, and. reconciliation followed by subsequent separation of the parties unless revolted in writing by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. .?? .moo- ??)'7/,?.??Gy-? Patricia Anthony WIfE Ronald Anthony USBAND 7 COMIADMATEALTH OF PENNSYLVANIA n : SS. COUNTY OF On the day of 2009, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Patricia Anthony, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. III TARTNESS I AU-3EREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notary P IT 1vl37 Commission Expires: COMMONWLAL.w oi- Pc:€VIWS'YLVANW MOTARU SEAL. C?FERfL R. GARM, No d Public Camp Hill BUro, Cumberland County My. Commission Erwitmv- M- 20, 2012 8 COMMOB VVEALTH OF PENNSYLVAl\1IA SS. COUNTY OF ?n? rte' On the day of =. Ct--t L) Cti 2009, before me, a Notary Public hi and for the COMM0114Vealt1) of Pemnsylvarda, the undersigned officer, personally appeai•ed Ronald Anthony, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he aclalowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. MY Expires: 1?1Gc7 (?--- C)1i ls`]114gVLt?? r. ur r i..tur?: M-C)T tC':t s! i A. uHrP`?'L 1,. GF MMK, Nt t' FuaiiW L.t?trtt:rta? ?nurrty 9 PATRICIA A, ANTHONY V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY; PENNSYLVANIA RONALD D. ANTHONY NO. 2009-6602 DIVORCE DECREE AND NOW, May 10 2011 , it is ordered and decreed that PATRICIA A. ANTHONY , plaintiff, and RONALD D. ANTHONY , defendant, are divorced from the. bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony periderite.Iite.if any.economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to.-this action for which a final- order has not yet-been entered. Those claims are as follows: (it no claims remain indicate "None.") The terms of the Comprehensive Marital Settlement Agreement and Addendum dated August 20, 2010 is incorporated, but not merged, into the Decree in Divorce. , By the Court, }} L s,. ' ? ` / l? eA f6f 1 Alhort H Masianrl Attest: J, Prothonotary Certified Copy Issued: May 10, 2011 Date PATRICIA A. ANTHONY, IN THE COURT Or- COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIP, V. NO: 2009-6602 CIVIL TERM CIVIL ACTION - LAW RONALD D. ANTHONY, - Defendant IN DIVORCE COMPREHENSIVE MARITAL SETTLEMENT AGREEMENT AND ADDENDUM THIS AGREEMENT made this /? day of2010; BETWEEN RONALD ANTHONY, of China, hereinafter referred to s Husband, AND PATRICIA ANTHONY, of Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on, June 8, 1996, in Camp Hill, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County Commonwealth of Pennsylvania, to Number 2009-6602 Civil Term; and R.3: The parties entered into a Legal Separation and Partial Marital Settlement Agreement on January 22, 2009, a copy of which is attached hereto and incorporated herein by reference as Exhibit A; RA: The parties' Legal Separation and Partial Marital Settlement Agreement dated January 22, 2009 specifically reserved Wife's right to seek financial maintenance in the form of alimony pendente lite and alimony, preserved health insurance coverage for Wife paid by Husband in the event the parties seek out a divorce, and did not address the parties' tax status or tax debt. Therefore, the parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the claims for alimony, alimony pendente lite, Husband's health insurance coverage for Wife and the payment due, and the parties' tax status and debt due. R.5: The parties also desire to settle their issues of counsel fees and costs with regard to s the preparation of this Agreement, and the settling of any and all claims and .possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. (2) EQUITABLE REIMBURSEMENT: Husband and Wife stipulate and agree that commencing the 151 month following the execution of this Agreement, Husband shall pay to Wife the sum of One Thousand Five Hundred ($1,500.00) -Dollars per month for twenty-four (24) consecutive months, for a total payment of THIRTY-SIX THOUSAND DOLLARS AND 00/100 ($35,000.00). This determination of equitable reimbursement is contractual in nature, is non- modifiable, and is based upon Wife's waiver of interest in certain other marital property rights together with Husband's assumption of the par'ties' former joint debt included within the Agreement dated January 22, 2009. This grant of equitable reimbursement to Wife begins upon the first month after the date of execution of the Agreement and terminates only because of the expiration of the 24 month time period, or satisfaction of the payment in full. At the time of execution of this Agreement Wife receives payment from Husband pursuant to the parties' Legal Separation and Partial Marital Settlement Agreement, dated January 22, 2009. If at the date of execution of this Agreement, Husband is behind on payments pursuant to the Agreement dated January 22, 2009, Husband shall be obligated to 2 continue to make all payments to Wife owed on a continuing basis, plus begin the equitable reimbursement payments due herein. Husband shall make the payments due to Wife pursuant to the January 22, 2009 Agreement no later than 45 days after execution of this Agreement. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for financial maintenance pursuant to the January 22, 2009 Agreement shall accrue interest at the rate of 10% per annum. As of March 2010, Husband was in default and in breach of the January 22, 2009 Agreement for his failure to make payments due to Wife for January 2010, February 2010 and March 2010. Wife hereby agrees that the payments due to her pursuant to the January 22, 2009 Agreement shall be paid by Husband in a lump sum no later than 45 days after the date of execution of this Agreement. The parties agree that the entire amount being paid to Wife pursuant to this paragraph is not intended to be alimony, and therefore is not included in Wife's income and not tax deductible to Husband. This payment to Wife shall be paid from Husband directly to Wife on a monthly basis, to be received by the fifth day of each month. (3) MEDICAL INSURANCE: Pursuant to paragraph 13(b) of the parties Legal Separation and Partial Marital Settlement Agreement, dated January 22, 2009, Husband was directed to continue to maintain health insurance coverage for Wife through his employment with C.B. Richard Ellis, Inc. or any subsequent employer as long as the parties are married. Husband was directed to cooperate and assist Wife in utilizing said insurance coverage and processing any insurance claims. From the date of execution of the Agreement Husband failed to maintain health insurance coverage for Wife, in that Wife was not covered by Husband's health insurance through his employer, but had to seek out COBRA coverage at her own cost. The cost to Wife for the coverage, including out of pocket coverage and deductibles Husband should have paid 3 for the months from the date of execution of the January 22, 2009 Agreement to the date of execution of this Agreement is NINE THOUSAND FOUR HUNDRED TWENTY-FOUR DOLLARS AND 35/100 ($9,424:35). Husband shall reimburse Wife the total cost of by making payment to her at the rate of $1000 per month beginning with the month Agreement is executed, until the total is paid in full. Payments shall be made in nine (9) consecutive payments of.$1000.00, with the final payment-being $1,424.35. Payments shall be made by the first day of each month and shall be paid directly to -Wife. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for health insurance shall accrue interest at the rate of 1.0% per annum. . From the date of this Agreement forward, Husband and Wife shall each be responsible for the cost of any unreimbursed medical expenses for themselves for all medical, dental, eye, and/or any other health related costs, to include and not be limited to psychological and counseling expenses. Husband and Wife shall each maintain separate coverage for their own health insurance from the date of this Agreement forward. (4) INCOME TAX: A: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the-event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B: The parties filed joint returns for the 2007 and 2008, and have been notified by the IRS of tax deficiencies for failing to report income for 2007 and 2008 tax years. Husband 4 shall hold Wife harmless and indemnify her for all claims made against the parties by the IRS, US Treasury, PA Department of Revenue and any other tax collection agency for the tax filing from any and all states, countries, local municipalities or otherwise made for these years. Husband shall be responsible for making any and all payments due to all tax collection agencies in any amount for the tax years 2007, .2008 as requested by the tax collection agencies, including but. not limited to the principal amount due, interest and penalty. Wife shall submit an "Innocent Spouse Form" to which Husband shall not deny; Husband shall file any other documents necessary to support Wife's claim of innocent spouse for these tax years. In addition, Husband shall bear the expense of the CPA cost outstanding due for the prior years' joint filings and all CPA costs outstanding for the tax assistance received by either party in the tax collection efforts of the IRS and Department of Revenue. The total cost for the Innocent Spouse Form was $200, which Wife has paid. Husband shall make payment to Wife within 15 days of execution of this Agreement. C: In the event the parties file a joint 2010 federal and/or Pennsylvania income tar, return, Husband shall pay any deficiency due on the return(s). In the event the parties are due a refund, the parties shall divide any refund-equally. In-that event, Husband shall use his portion of the refund to make payment to Wife for Husband's obligations under paragraph 3 of this Agreement, for his medical insurance payments due to Wife. Husband shall bear the expense of preparing all joint tax returns for the 2010 tax year, The parties have used the services of Jim Holland, CPA, and anticipate charges of approximately $500 for tax preparation charges for the 2010 filing. (5) DEBTS: Husband failed to disclose the existence of an outstanding credit card balance due to Bank of America, in the approximate amount of $9,500.00, at the time the parties negotiated their Legal Separation Agreement referenced herein. Wife has maintained payment for the debt since execution of the prior Agreement. Husband shall be responsible for the amount due, making payment to Wife for her maintenance of the expense. Husband shall pay to Wife the 5 amount of $1,000.00 per month, payable in .9 consecutive months, with the final and 10`h payment in the amount of $500.00. Each payment shall be made. by the fifth day of each month and shall be made directly to Wife. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for the debt due shall accrue interest at the rate of 10% per annum. (6) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with -which to consult with counsel. Wife is represented by Marylou Matas, Esquire, and, has been advised that she may be represented by counsel of. choice. Husband has been advised that he may be represented by counsel of his choice. Husband has been advised<of the right to retain an attorney; knowing that, he has elected .to proceed without counsel Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not- the result of any improper or illegal agreement or agreements (7) LEGAL FEES; In the review and preparation of this Agreement, Husband shall contribute $1750 toward Wife's legal fees. Husband shall make payment to Wife within 45 days of execution of this Agreement. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for legal fees shall accrue interest at the rate of 10% per annum. (8) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 6 4 ? i (9) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein, In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all .other rights determined by this Agreement including alimony shall be subject to court determination the same as if:#his Agreement.had never been entered into. (10) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that, each is fully and completely informed of, and is familiar with- the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he.or.she desires into the income -or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereon" in this Agreement is specifically waived. (11) RIGHTS AND -RESPONSIBILITIES: _Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (11) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. 7 (12) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy. and. dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) -under..the .laws. of intestacy; (3) to a family exemption or similar allowance; j and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under -the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the S provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any -similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (13) GOVERNING LAW: This Agreement shall be construed under the lave of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (14) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court .of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (15) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any-and-all costs incurredto enforce the Agreement, including, but not -limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (16) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (17) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seats the day and year first written above. 9 pate p^ F? H?NY RQ p'LD A?I'IT 0 p?TR1C1A p. Date 10 REPUBLIC OF CHINA On this .day of , 2010, before me, the undersigned, personally appeared RONALD D. ANTHONY whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this day of _. (.( qE , 2010, before me, the undersigned, personally appeared .PATRICIA A... THONY whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Cal Notary Public NOTARIAL SEAL BARBARA E. STEEL, Notary Public Carlisle Bora Cumberland County, PA My Commission Expires June 7, 2011 11 A T WILL AND TESTAMENT LA - NANCY T. ANTHONY I, NANCY T. ANTHONY, of Hampden Township, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby -make, publish and declare this to be my Last Will and . Testament, . hereby revoking any and all Wills and Codicils previously made by me at .any time heretofore. FI T: I hereby direct that my personal representative(s), hereinafter named, to pay all of -my just debts, not barred by any statute of limitations, as well as my funeral and testamentary expenses, including Pennsylvania inheritance Taxes, as soon after my demise as maybe practicable. S = 4p:. l hereby give, devise and .bequeath all the rest, residue and remainder of my estate, equally and per capita, among my four children: Richard H. Anthony.Jr., -Sharon Anthony Wang, T John M. Anthony, and C) -7 Ronald D. Anthony "- - - THIRD: Be it known that l desire to be cremated and request the be no maudlin funeral or memorial services conducted following my demise. 'Tl FOURTH, i hereby norninate, constitute and appoint my daughter Sharon A.. Wang, as Executrix of this,. my Last Will and TestamenL In the event that Sharon uses me, ta#s to quality, ceases to act. or for sorry reason is imcapabie of pedorming such task, t then mmninate, constitute and appoint my son, -John Michael Anthohy, as execittor. In the event that John predeceases me, taft to quality, ceases to act, or for some reason is it capabis of performing such task, i norninate. aDnSft to and appoint my sort, Ronatd.D., as execttof. FIFTH: The above named persons shalt robe required to post bond or surety in this or any other jurisdcdon for takhfut compilance of the dubw as persona! mpresenta live of my estate. IN WITNESS WHEREOF, I hereby sat my hand and seal and dec Wre this to be my,. LAST WILL AND 7,ESTAMENT, zonsis*V of this-and one oftreP°tygawritten.pa9eerieti°bYrn"s{itiae;;tisttefl cxe"#i, the-/f day of ?1 Gt- VI C° -?.?--__2009 , Nancy T. BE IT KNDWN, that at tine request of the testaUix, we have wttrvmsed the *ring of this document, in her pFeserce, and in the presence of each other. -? (Address). 20SPvr+i fl? C,t-rcft eel I snorpt - -- t Cn0 ---- (AddFessI o- -h.r,,r 6Yte(il?el!?tt-secs _try aui i e ft-W-1, ('70S(j COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND ) Bcd1? S hcr p e. NANCY T. ANTHONY, and corr. txt the TestattriX, the vtirtr;tesses, res{aectiveiy, ,pd whose r??iies are s+gnerf to the attached and ii ocxng instrument, being first duly swom, do thereby dedare to the undersigned authority that the Testatrix s>tgned and exec>.od the instrument as her.Last Will and Testament. Furttttermore, sire signeci.and executed it wiKffm#y. as a free acid voluntary act, for the purposes tharein axpressed. Each of us,, as witnesses, in the presenos and hearirg cof the Testatrix and each other, signet's it'te WN1 as witrmsers, and that to the best of our knowledge and sight, tie Testatrix, was at: the time e4usen. (18) or more years of age, of sound,.acrd cis? mind, memory and understanding der no cor*tfaint. duress or undue irntuence. i W ITNEcyS tY T. - ANTHONY (Testa wk) ESS Subscribed, sworn to and atkcrowtedged before me by: NANCY T_ ANTHO Y, the T and by and -?ecYy .5Cur,; e (k ho-r the , all of whom 'persoriiaily appeared before me, the undersigned officer, on this, the day of j urt -C .2009 My Commission mires. march b ,Da COMMONWEALTH OF PENNSYLVANIA Notarial Seal Elizabeth K. Hull, Notary Public Sliver Spring Twp., Cumberiand County My Commission Expires Mar. 20, 2010 Member, Pennsylvania Association or Notaries rrini Subject: Sorry did not reply was out of town on work.. From: Anthony, Ron @ Shanghai (ron.anthony@cbre.com.cn) To: paarda@yahoo.com; Cc: ranthony@facilitycenterchina.com; Date: Monday, January 16, 2012 12.26 AM 1 "6%. 1 V.1 L Sorry I did not get your emails until last night was out of town on work and getting ready for the big . Chinese holiday coming this weekend and next week. So let me bring you up to speed on a few things..... As far as money goes I am still planning on giving you some of the money I get from the estate when it is cleared. I will get the first-bit fxom.her Fidelity<in-about 30. days not sure how much, but my intent. is to give you 1 /2 of it maybe l OK if my calculations are right. Next I have been told the house will go on the market very soon so maybe till spring or summer till it get sold but this is only what Mike thinks as they have a few people interested already. So as far as money goes this is how I will need to pay you. I will not start my new job till April or Mayas always in my life nothing is easy. They.had to put a hold on the China set-up for many reasons.... So that being said I may lose my current job as my contract is up in March anyhow so may have a month with no pay. So this being said I am holding what little money I have for my trip if I can make it..... Now if you decide to issue something against me let.me know.as_I will not return to the USA then_they may try and hold me...If that would happen and I cannot return to China cannot work and cause me a lot of trouble for Ami and Lina. So if you can hold off I will be sure to give you money as soon as I get it. So regard to Hillary.... Was just a courtesy she caught me on FB and asked me all kind of questions so I answered nothing more nothing less. I have no intent of becoming good friends with her again as .... I also know how she can be and if I did not respond it may have just fueled her fire once more and do not want that in the social media. I am shocked to hear about hunter drive ... if the mold was there it was probably after shithead left the place vacant and cold for however long ... I am glad to hear someone is taking care of it now. If I come back would like to go see it. In closing I am sorry things are not working out the way you want with money and home. I am hopeful you can get to back CA and start over again is the best place for you I think. If all goes well I am planning on retiring in the bay area then trips to China will be easy from SF and will be warm. http://us.rng6.mail.yahoo.com/neo/launch?.rand=03250utOeOi5 l 1/26/2012 rrint 1 0.bG G Vl G Regards, Ron Anthony I Associate Director Facilities Management Transition and Solutions Global Corporate Services China CBRE I Shanghai 11 F (Wheelock Square 11717 West Nanjing Road Shanghai, PRC 200040 T 86 21 2401 1340 F 86 21 5403 7435 M 86 1360 176 9802 ron.anthony(a),cbre.com.cnl www.cbre.com.cn i ?J a'po www.cbre.com Notice to recipient: This e- mail is meant for only the intended recipient of the transmission, and may contain information of CBRE that is confidential and/or privileged. If you received this e-mail in error, any review, use, dissemination, distribution, or copying of this e=mail is strictly prohibited. Please notify us immediately of the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation. www.cbre.com http://us.mg6.mail.yahoo.com/neo/launch?.rand=0325outoeoi51 1/26/2012 Page I of 8 Subject: RE: Have not heard from you From: Anthony, Ron c@ Shanghai (ron.anthony @Qcbre.com.cn) To: paarda@yahoo.com; Date: Tuesday, March 13, 2012 5:12 AM Dear Patty, Yes I will be paying you 5,000 more as soon as my stock is sold f made the transfer last Thursday so should be OK now. Will do later this week. However that is all i will be able to give you out of the fund, will need to pay off more when the house sells need to have money to come home in May. I will give you 1 K per month till then. Ronald Anthony I Associate Director Facilities Management Transition and Solutions Global Corporate Services I China CBRE I Shanghai 11th Floor I Shanghai Wheelock Square 1717 Nanjing West Road Shanghai, PRC 200040 T 86 21 2401 13401 M 86 1360 176 9802 ron.anthony@cbre.com.cn I www.cbre:com.cn I WHAT UF YOU SAVE 1Gy" TO DO THE PLAN IT J3- I J IT From: Patty Anthony [mailto:paarda@yahoo.com] Sent: 2012030120 0:20 To: Anthony, Ron @ Shanghai Subject: Re: Have not heard from you H1 Ron, PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RONALD D. ANTHONY, Defendant NO. 09-6602 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 21St day of May, 2012, upon consideration of Plaintiff's Petition for Special Relief, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 45 days of service. BY THE COURT, 11?%e _6?? Christylee . Peck, J. Marylou Matas, Esq. West High Street Carlisle, PA 17013 Attorney for Plaintiff Ronald D. Anthony ! z No. 17 Hua Ting Road -? -v Building 2 Apartment 201 <D C° Xu Hui District Shanghai 200031 r PRC ?C.) ?_ .?... Defendant, pro Se >= ?'•' ' :rc TRUE COPY FROM RECORD In TeedrnwW wtored. I here unto set my hand and #0 4" Of pa Court at Carlisle, Pa. This 12(day cf 20 /a PATRICIA A. ANTHONY, Plaintiff/Petitioner V. RONALD D. ANTHONY, Defendant/ Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6602 CIVIL TE@II CIVIL ACTION - LAW -0,= IN DIVORCE ?C-) a. -?c w S+s 3 0 C)' G -s-? mss: AFFIDAVIT OF SERVICE =CD I, Marylou Matas, Esquire, being duly sworn according to law, hereby Law Offices of Saidis Sullivan & Rogers 26 'West High Street Carlisle, PA 17013 deposes and says that on May 23, 2012 she served a true and correct copy of the Order of Court upon Ronald D. Anthony, by electronic mail, "read receipt" requested to his electronic mail addresses of ranthony cr.facilitycenterchina.com and ron.anthony(r),cbre.cn. Attached is the "read receipt" showing Defendant opened the electronic mail on May 26, 2012. Dated: 5/o flb/ 2- Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Mar0ed tas, Esq ire ID No. 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff Hannah White Gibson From: Ron Anthony <ranthony@facilitycenterchina.com> To: Hannah White-Gibson Sent: Saturday, May 26, 2012 5:50 AM Subject: Read: Order of Court Your message To: Subject: Read: Order of Court Sent: Saturday, May 26, 2012 9:50:03 AM (UTC) Monrovia, Reykjavik was read on Saturday, May 26, 2012 9:49:52 AM (UTC) Monrovia, Reykjavik. Hannah White-Gibson From: Ron Anthony <ranthony@facilitycenterchina.com> Sent: Saturday, May 26, 2012 5:55 AM To: Hannah White-Gibson Cc: ron.anthony@cbre.cn; Marylou Matas Subject: RE: Order of Court Dear Hannah, As you can see I am living in Shanghai China. Do I understand this to mean Patty was not granted access to my mom's estate that she had left for me in my name? Please clarify for me as it is very hard for me to find advise in China as well as the time difference. From: Hannah White-Gibson fmailto:hwhite-gibson@ssr-attorneys.com] Sent: Thursday, May 24, 2012 3:21 AM To: ranthony@facili centerchina.com Cc: ron.anthonyCa 0re.cn; Marylou Matas Subject: Order of Court Dear Mr. Anthony, Please find attached the Order of Court in Civil Case No. 2009-6602. Sincerely, Hannah White-Gibson, Esquire Saidis, Sullivan & Rogers 26 West High Street Carlisle, PA 17013 717-243-6222 - Phone 717-243-6486 - Fax This e-mail may contain privileged, confidential, copyrighted, or other legally protected information. If you are not the intended recipient (even if the e-mail address above is yours), you may not use, copy or retransmit this e- mail. If you have received this by mistake please notify us by return e-mail, then delete. Thank you. Saidis, Sullivan & Rogers' web site is WWW.SSR-ATTORNEYS.COM To comply with IRS regulations, we advise you that any discussion of federal tax issues in this e-mail is not to be used, and cannot be relied upon by you (i) to avoid any penalty imposed under the Internal Revenue Code, or (ii) to promote, market or recommend to another party any transaction or matter addressed in this e-mail. Law Offices of Saidis Sullivan &. Rogers ZG West High Sven Carlisle, PA 17013 PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW RONALD D. ANTHONY, Defendant/ Respondent IN DIVORCE ORDER OF COURT AND NOW, this day of , 2012, upon presentation of the Motion to Make the Rule Absolute, the Order for special relief is hereby Granted. IT IS HEREBY ORDERED that Defendant/Respondent, Ronald A. Anthony, is found in breach of the Marital Agreement; and 1. Defendant/Respondent shall be responsible for all outstanding amounts due to Plaintiff/Petitioner, in the amount of $70,392.33; 2. Defendant/Respondent shall be responsible for Petitioner's counsel fees and costs incurred in the preparation and filing of this Petition, in the amount of $952.50. 3. Defendant/Respondent's wages shall be attached for payment. 4. Any property that Defendant/Respondent owns or has an interest in shall be attached to the extent of his outstanding amounts due to Plaintiff/Petitioner. By the Court J. Distribution: Marylou Matas, Esquire Attorney for Plaintiff/Petitioner Ronald D. Anthony, pro se Respondent Number 17 Hua Ting Road Building 2 Apartment 201 Xu Hui District Shanghai 200031 PRC ranthonvCaD-facilitvicenterchina. com ron. anthony(cD-cbre. com. cn PATRICIA A. ANTHONY, Plaintiff/Petitioner V. RONALD D. ANTHONY, Defendant/ Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION TO MAKE RULE ABSOLUTE 1. Petitioner is PATRICIA A. ANTHONY, the Plaintiff in the above captioned action, and she is represented in this action by Marylou Matas, Esquire. 2. The Respondent is RONALD D. ANTHONY, the Defendant in the captioned action and is appearing in this matter pro se. 3. On May 17, 2012, Petitioner filed a Petition for Special Relief. A copy of sa Petition is attached hereto as Exhibit A. 4. Respondent was served with the Petition for Special Relief on May 17, 2012. 5. On May 21, 2012, an Order was entered, giving Respondent 45 days to respond to the Rule to Show Cause why Petitioner is not entitled to the relief requested. A copy of said Order is attached hereto as Exhibit B. 6. Respondent was served with the Order on May 23, 2012. The Affidavit of Service was filed with the Court on May 31, 2012. A copy of the Affidavit is attached hereto as Exhibit C. 7. More than 45 days have passed and Respondent has not filed any response to the Rule. 8. Petitioner, through counsel, requests that Court find Respondent in Law Offices of Saidis Sulllvarn & xogers 26 West High Street Carlisle, PA 17013 breach of the Marital Settlement Agreement and order him to pay all outstanding amounts due under the Agreement and legal feep ri -VX r i?z c.. --, -? r N . J 1 =) CD A r-2! . DC D r rn --f N r'7 WHEREFORE, your Petitioner respectfully prays your Honorable Court to enter attached Order for special relief. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Mirylo M ,Esquire Supreme No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Date: Counsel for Petitioner/Plaintiff Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 r PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS PlaintifflPetitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW RONALD D. ANTHONY, Defendant/ Respondent IN DIVORCE VERIFICATION Law Offices of Saidis Sullivan k Rogers 6 'West High Street 12disle, PA 17013 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. A A. f - al A Ma u M s, squire Date: .N7 /(L i V` PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. RONALD D. ANTHONY, Defendant/ Respondent NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on this Z? day of , 2012, a true and correct copy the attached Motion was served by electronic mail and regular, first class, pre-paid mail to: Ronald D. Anthony Number 17 Hua Ting Road Building 2 Apartment 201 Xu Hui District Shanghai 200031 PRC Email: ron.anthony(ccDcbre.com.cn; ranthonyC&)facilitycenterchina.com SAIDIS, SULLIVAN & ROGERS Mdrylbru M s, squire Supreme Cmj)t ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Counsel for Petitioner/Plaintiff Law Offices of Sadis Sullivan k Rogers G West High Street :atlisle, PA 17013 PATRICIA A. ANTHONY, Plaintiff/Petitioner V, RONALD D. ANTHONY, Defendant/ Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C) C NO. 2009-6602 CIVIL TERM c> " -71 CIVIL ACTION - LAW" «. '?- QZ rT7 i ? e-?.? I IN DIVORCE --< ' ' Cl) IN TO MAKE RULE ABSOLU C-, 1. Judge Peck has been assigned to this matter. -< 2. At the time of filing the Motion to Make Rule Absolute, Respondent was pro se. As of today's date, Petitioner is aware that Respondent has retained Michael A. Scherer, Esq., although he has not entered his appearance of record. It Petitioner's understanding that Respondent and opposing counsel do not concu with this Motion. 3. Attached are Exhibits A, B, and C. Respectfully submitted, SAIDIS, SULLIVAN & ROGlRS aw Offices of Sadiis ullivan Rogers West High Street lisle, PA 17013 Date: 2? IL k f 2-- Ma w' atas, E ire Suprem ourt No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Petitioner/Plaintiff PATRICIA A. ANTHONY, Plaintiff/Petitioner V. RONALD D. ANTHONY, Defendant/ Respondent ORDER OF COURT AND NOW, day the attached Petition for Special Relief: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 2012, upon presentation and review of IT IS HEREBY ORDERED that Defendant/Respondent, Ronald A. Anthony, is found in breach of the Marital Agreement; and 1. Defendant/Respondent shall be responsible for all outstanding amounts due to Plaintiff/Petitioner, in the amount of $70,392.33; 2. Defendant/Respondent shall be responsible for Petitioner's counsel fees and costs incurred in the preparation and filing of this Petition, in the amount of $952.50. 3. Defendant/Respondent's wages shall be attached for payment. 4. Any property that Defendant/Respondent owns or has an interest in shall be attached to the extent of his outstanding amounts due to Plaintiff/Petitioner. By the Court J. Tices of .dis Ivan rgers sigh Stmt 'A 17013 Distribution: Marylou Matas, Esquire Attorney for Plaintiff/Petitioner Ronald D. Anthony, pro se Respondent Number 17 Hua Ting Road Building 2 Apartment 201 Xu Hui District Shanghai 200031 PRC ranthony -facilitycenterchiiia.com ron.anthonyrw).cbre.com . en IG r PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW RONALD D. ANTHONY, Defendant/ Respondent IN DIVORCE ORDER OF COURT AND NOW, upon presentation and review of the within Petition for Contempt, it is hereby directed and Ordered that: 1. Respondent shall. have 20 days upon service to file an Answer to the within Petition. 2. A hearing is scheduled for , 2012, in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court J. iffices of idis livan Dgers High Street PA 17013 Distribution: Marylou Matas, Esquire Attorney for Plaintiff/Petitioner Ronald D. Anthony, pro se Respondent Number 17 Hua Ting Road Building 2 Apartment 201 Xu Hui District Shanghai 200031 PRC ranthonvna.facilitvicenterchina.com ron.anthonya,cbre.com. cn PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA 0 NO. 2009-6602 CIVIL TERM -OX .Z v . CIVIL ACTION - LAW r?*? ??„ r=1 RONALD D. ANTHONY, r „_ r n Defendant/Respondent IN DIVORCE a r c:> ? PETITION FOR SPECIAL RELIEF - q cn -C - AND NOW, comes Patricia A. Anthony, by and through her counsel Marylou Matas, Esquire, of Saidis, Sullivan & Rogers and petitions this Honorable Court . as follows: 1. Ronald.D. Anthony, (hereinafter "Respondent"), and Patricia A..Anthony, hereinafter "Petitioner"), were married on June 8, 1996 in Camp Hill, Pennsylvania. 2. Parties separated on January 20, 2009 when Respondent moved to China. 3. Parties entered into a Legal Separation and Partial Marital Settlement Agreement on January 22, 2009, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 4. Paragraph 13(a) of the 2009 Marital Settlement agreement provides as offices of Adis livan ogers High Street PA 17013 follows: HUSBAND and WIFE acknowledge that WIFE is unable to work due to her medical condition and disabilih? HUSBAND and WIFE further agree that HUSBAND shall pay to WIFE the sum of One Thousand Dollars ($1, 000.00) per month for her maintenance and support until the parties are divorced or reconcile and that said sum shall not be deemed taxable income to WIFE or deductible to HUSBAND for income tax purposes. 5. Respondent failed and refused to comply with the parties' Agreement, in that he failed to make payments consistently to Petitioner from the date of the January 22, 2009 Agreement through the date of the parties' divorce. 6. Paragraph 13(b) of the 2009 Marital Settlement Agreement provides as follows: HUSBAND and WIFE specifically agree that HUSBAND shall continue to maintain health insurance coverage for WIFE through his employment with C.B. Richard .Ellis, Inc. or any subsequent employer as long as the parties are married. HUSBAND shall provide RVE with health insurance cards and cooperate and assist her in utilizing said insurance coverage and processing any insurance claims. HUSBAND also agrees that WIFE shall have the legal right to contact said insure(s) and to receive any insurance reimbursement monies related to her medical expenses and care. Respondent failed and refused to comply with the parties' Agreement, in that lie failed to maintain health insurance on Petitioner as required by the 2009 . Marital Agreement. The parties were divorced by decree on May 10, 2011, a copy of which is attached hereto as Exhibit "B". 9. On August 20, 2010, the parties executed a Marital Settlement Agreement and Addendum, a copy of which is attached hereto and incorporated herein by reference as Exhibit "C". 10. The parties' Marital Settlement Agreement and Addendum incorporates their January 22, 2009 Legal Separation and Partial Marital Settlement Agreement. 11. The parties' decree in divorce incorporates the terms of -the parties' Marital Settlement Agreement and Addendum dated August 20, 2010. 12. Paragraph 2 of the Marital Settlement Agreement and Addendum provides as Offices of d&S Evan .ogers t High Srrcet PA 17013 follows: EQUITABLE REIMBURSEMENT.- Husband and Wife stipulate and agree that commencing the Is` month following the execution of this Agreement, Husband shall pay to Wife the sum of One Thousand Five Hundred ($1,500.00) Dollars per month for tweno,-four (24) consecutive months, for a total payment of THIRTY-SIX THOUSAND DOLLARS AND 00/100 ($36,000.00). This determination of equitable. reimbursement is contractual in nature, is non-modifiable, and is based upon Wife's waiver of interest in certain other marital property rights together with Husband's assumption of the parties' former joint debt included within the Agreement dated January 22, 2009. This grant of equitable reimbursement to Wife begins upon the first month after the date of execution of the Agreement and terminates only because of the expiration of the 24 month time period, or satisfaction of the payment in full. At the time of execution of this Agreement Wife receives payment from Husband pursuant to the parties' Legal Separation and Partial Marital Settlement Agreement, dated January 22, 2009. If at the date of execution of this Agreement, Husband is behind on payments pursuant to the Agreement dated January 22, 2009, Husband shall be obligated to continue to make all payments to Wife owed on a continuing basis, plus begin the equitable reimbursement payments due herein. Husband shall make the payments due to Wife pursuant to the January 22, 2009 Agreement no later than 45 days after execution of this Agreement. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 1.5 regarding breach, the sum not paid by Husband hereunder due for financial maintenance pursuant to the January 22, 2009 Agreement shall accrue interest al. the rate of 10% per annum. As of March 2010, Husband was in default and in breach of the January 22, 2009 Agreement for his failure to make payments due to Wife for January 2010, February 2010 and March 2010. Wife hereby agrees that the payments due to her pursuant to the January 22, 2009 Agreement shall be paid by Husband in a lump sum no later than 45 days after the date of execution of this Agreement. The parties agree that the entire amount being paid to Wife pursuant to this paragraph is not intended to be alimony, and therefore is not included in Wife's income and not tax deductible to Husband. This payment to Wife shall be paid from Husband directly to Wife on a monthly basis, to be received by the fifth day of each month. 13. Respondent has failed and refused to comply with the parties' Agreement, in that he has failed and refused to make the payments to Petitioner as provided and agreed pursuant to paragraph 2 of the Marital Settlement Agreement and Addendum. 14. At the time of execution of the Agreement in August 2010, Respondent had been in breach of the 2009 Agreement for his failure to make payments to Petitioner in.the $1,000 monthly amounts for the months of January 2010 through August 2010. 15. Respondent has failed and refused comply with the terms of the Marital Officw of li&S thVIM Wgers :r High Street .c. PA 17013 Settlement Agreement and Addendum, in that he has failed and refused to make the lump sum payment to Petitioner in the amount of $8,000.00, due no later than November 25, 2010.. 16. Respondent ,has failed and refused comply with the terms of the Marital Settlement Agreement and Addendum, in that he has failed and refused to make the monthly $1,500 payments to Petitioner for equitable reimbursement, since execution of the agreement. 17. Paragraph 3 of the parties' Marital Settlement Agreement and Addendum provides as follows: MEDICAL INSURANCE: Pursuant to paragraph 13(b) of the parties Legal Separation and Partial Marital Settlement Agreement, dated January 22, 2009, Husband was directed to continue to maintain health insurance coverage for Wife through his employment with C.B. Richard Ellis, Inc. ' or any subsequent employer as long as the Parties are married. Husband was directed to cooperate and assist Wife in "utilizing said insurance coverage and processing any insurance claims. From the date of execution of the Agreement Husband failed to maintain health insurance coverage for Wife, in that Wife was not covered by Husband 's health insurance through his employer, but had to seek out COBRA coverage at her own cost. The cost to Wife for the coverage, including out of pocket coverage and deductibles Husband should have paid for the months from the date of execution of the January 22, 2009 Agreement to the date of execution of this Agreement is NINE THOUSAND FOUR HUNDRED TFFEA77--FOUR DOLLARS AND 351100 ($9,424.35). Husband shall reimburse Wife the total cost of by making payment to her at the rate of $1000 per month beginning with the month Agreement is executed, until the total is paid in full. Payments shall be made in nine (9) consecutive payments of $1000.00, with the final payment being $1, 424.35. Payments shall be made by the first day of each month and shall be paid directly to Wife. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph. 15 regarding breach, the suns not paid by Husband hereunder due for health insurance shall accrue interest at the rate of 10% per annum. From the date of this Agreement forward, Husband and Wife shall each be responsible for the cost of any unreimbursed medical expenses for themselves for all medical, dental, eye, and/or- any other health related costs, to include and not be limited to psychological and counseling expenses. Husband and Wife shall each maintain separate coverage for their own health insurance from the date of this Agreement forward. 18. Respondent failed and refused to comply with the terms of the Marital Settlement Agreement and Addendum, in that he has failed and refused to make payments to Petitioner in the monthly amounts due pursuant to paragraph 3 of the Agreement. " 19. Paragraph 4(b) of the parties' Marital Settlement Agreement and Addendum Offices of Litfis I ivam :ogers t High street e, PA 17013 provides in part as follows: "Husband shall be responsible for making any and all payments due to all tax collection agencies in any amount for the tax years 2007, 2008 as requested by the tax collection agencies, including but not limited to the principal amount due, interest and penalty. Wife shall submit an "Innocent Spouse Form " to which Husband shall not deny; Husband shall file any other documents necessary to support Wife's claim of innocent spouse for these tax years. In addition, Husband shall bear the expense of the CPA cost outstanding due for the prior years' joint filings and all CPA costs outstanding for the tax assistance received by either party in the tax collection efforts of the IRS and Department of Revenue. The total cost for the Innocent Spouse Form was $200, which Wife has paid. Husband shall make payment to Wife within 15 days of execution of this Agreement. " 1 20. Respondent has failed and refused to comply with the terms of the parties' Agreement, in that he has failed to reimburse Petitioner for the $200 due for the Innocent Spouse form, due no later than 15 days after execution of the Agreement. 21. Paragraph 4(c) of the parties' Marital Settlement Agreement and Addendum provides in part as follows: "Husband shall bear the expense of preparing all joint tax returns for the 2010 tax year. The parties have used the services of Jim Holland, CPA, and anticipate charges of approximately $500 for tax preparation charges for the 2010 filing. " 22.. Petitioner made -payment for the CPA charges for the 2010 tax year; Respondent has failed and refused to comply with the terms of the parties Agreement, in that he has failed to reimburse Petitioner for the $500 due for the CPA charges. 23. Paragraph 5 of the parties' Marital Settlement Agreement and Addendum provides as follows: DEBTS. Husband failed to disclose the existence of an outstanding credit card balance due to Bank of America, in the approximate amount of $9,500. 00, at the time the parties negotiated their Legal Separation Agreement referenced herein. Wife has maintained payment for the debt since execution of the prior Agreement. Husband shall be responsible for the amount due, making payment to Wife for her maintenance of the expense. Husband shall. pay to .Wife the amount of ,$1, 000.00 per month, payable in 9 consecutive months, with the final and I e payment in the amount of .$500.00. Each payment shall be made by the fifth day of each month and shall be made directly to Wife. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for the debt due shall accrue interest at the rate of 10% per annum. 24. Respondent has failed and refused to comply with the terms of the parties' offices of d&S l,iyan tigers High street PA 17013 Agreement, in that he has failed and refused to make payments to Petitioner in compliance with paragraph 5 of the Agreement. 25. Paragraph 7 of the Marital Settlement Agreement and Addendum provides as follows: LEGAL FEES., In the review and preparation of this Agreement, Husband shall contribute $1750 toward Wife's legal fees. Husband shall make payment to Wife within 45 days of execution of this Agreement. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum j not paid by Husband hereunder due for legal fees shall accrue interest at the rate of 10° 0% per annum. 26. Respondent has failed and refused to comply with the terms of the parties' Agreement, in that he has failed and refused to make payment for the legal fees he obligated himself to pay. 27. As.per the 2010 Marital Agreement, interest at the rate of 10% per annum accrued on: -the unpaid support payments required tinder the 2009 Marital Agreement; the equitable reimbursement payments required under the 2010 Agreement, paragraph 2; the amount Petitioner spent on securing health insurance; the amount Petitioner paid on the outstanding credit card debt; and Petitioner's legal expenses. As of May 2012, seventeen months after the execution of the 2010 Marital Agreement, Respondent's total -interest payment is $5,017.98 Dollars. 28. Respondent continues to be employed by CB Richard Ellis Property Consultants, Ltd, Shanghai earning an approximate salary of $130,000.00. 29. .Petitioner's only source of income is social security disability; she anticipates the monthly payments from Respondent to assist with her monthly expenses. 30. Respondent is a beneficiary to his mother's estate, who died on or about December 23, 2011. 31. Pursuant to the Mother's will, Respondent has inherited a one-quarter interest Offices of LiCfIS [Hvan :ogers t High Street e, PA 17013 in her estate. The Mother's estate includes real estate located at 1810 Lambs Gap Road, Mechanicsburg, which the beneficiary's intend to sell. Petitioner believes that Respondent's interest in the real estate, when received, satisfy the debt owed to her. Respondent's Mother's will is attached as Exhibit "D". 31. As recently as March 14, 2012, Respondent recognized his debt owed to Petitioner. Respondent has emailed his acknowledgment of the debt due to Petitioner on various occasions. A copy of the email correspondences fi•om Respondent from January 16, 2012 and Ivlarch 14, 2012 are attached hereto as Exhibit "E" and Exhibit "F" respectively. 32. Respondent's total amount owed to Petitioner-, including interest, is $70,392.33. 33. Petitioner had to hire counsel to pursue this matter, at the rate of $225.00 per hour. 34. Paragraph 15 of the parties' 2010 Martial Agreement states: "In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be mailable to him or her. " 35. Respondent has failed to comply with the terms of the agreement and Petitioner requests that he be responsible for counsel fees and costs incurred in the pursuit of this Petition. 36. Respondent has previously appeared pro se in the divorce action. e Offims of ak is L ivmn R Dgers im High Street isle, PA 17013 37. A copy of this Petition has been provided to Responded and he does not concur witll the relief requested. WHEREFORE, Petitioner requests your Honorable Court to find Respondent in contempt of the parties' Marital Settlement Agreement and Addendum, and the Legal Separation and Partial Marital Settlement Agreement, and Order as follows: 1. Direct Respondent to be responsible for all outstanding payments due to Petitioner; 2. Direct Respondent to be responsible for Petitioner's counsel fees and costs; 3. Direct that Respondent's wages be attached for-payment; 4. Direct that Respondent's share of his mother's estate be attached for distribution to Petitioner; 5. All other sanctions as appropriate. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Date: It7 Marylou , Esquire ID No. 849 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff Offices of &i&s nive 1 :ogers u High Street le, PA 17013 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, §4904, relating to unworn falsifications to authorities. Patricia A. Anthony Date: .`7/Icy /j2 PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW RONALD D. ANTHONY, Defendant/ Respondent IN DIVORCE CERTIFICATE OF SERVICE On this day of ` , 2012, I, Marylou Matas, Esquire, of the law firm of SAIDIS, SULLIVAN & ROGERS hereby certify that on this date a copy of the attached document was served on the following individual, via email and first class mail postage .prepaid, . addressed as follows: Ron Anthony Number 17 Hua Ting Road Building 2 Apartment 201 Xu Hui District Shanghai 200031 PRC Email: ron.anthony(a.cbre.com.cn; ranthonyna,facilitvicenterchina.com SAIDIS, SULLIVAN & ROGERS 0 Offices of aid" lHvan iogers rst High Street de, PA 17013 Marylo Esquire `J Supreme Co No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 LEGAL SEPAILA.TION AND PARTIAL MARITAL .SETTLE-MIENT AGREEMENT THIS AGREEMENT, made this Q day of 2009, by and between Patricia Anthony, (hereinafter "VNTIFE") and Ronald Anthon3Y, (hereinafter "HUSBAINTD") WITNESSETH: WHEREAS, fine parties hereto were married on June 8, 1996, in Cep Hill, Pem-Lsylvania; and separated on January 20 2009; and TA=,.EAS, the parties have no children of this marriage; and IAU=AS, HUSBAND is moving to China and WIFE is remaining in Cuaiberland County, Pezmsplvania and the parties desire to enter in to a binding legal separation agreement now that they will be living separate and apart and the parties are desirous of forever settling certain economic and other rights and obligations between each other as set forth below. NOW SORE, : n consideration of the covenants and promises hereinafter to be kept and performed by eacb party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. Each party aclmowledges that he or she each had the opportunity to have the provisions of this Agreement and their legal effect fully explained to the parties by legal counsel of his or her own.choosing. VtiIFE is represented by Joanne Harrison Clough, Esquire of Camp Hill. HUSBAND has been advised of his right to be represented 1737 legal counsel but has elected to represent himself in the negotiation and the execution of this Agreement. The parties furthel• declare that each is executing the Agreement fneel3, and voluntaril3, haviu-ig either obtained sufficient knowledge and disclosure of then- respective legal rights and obligati ons, or if counsel has not been consulted, expressly waiving the right to obtain counsel and/or such kno-vniledge. n-ie parties each aclmom led ;e that this Agreezrient is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. ?. LEGAL SEYARATI Uh'. The parties ackno A ledge that they shall be considered legally separated as of January 20, 2009 and that said date shall be considered their legal separation date in any subsequent Divorce Action tbatma37 be filed. In the event a Divorce Action is filed, this Agreement shall. remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into an)? Divorce Decree which may be entered witli respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge znntli the divorce decree, but shall continue to have independent contractual significance. I DATE DT EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed .the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement, 4. FINANCIAL AND PROCEDURAL DISCLOS'DRE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to .the execution of this Agreement. Each party understands that he/she had the right to obtain from the -other party a complete inventory or list of all .property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby aclcno-vvledge that ,this Agreement is fair and equitable, and that the terms adequately provide for his or he7- interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 5. SEPARATION/ICON INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were -urunarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment ?nThich to him or her may seem advisable. YVIFE and HUSBAND shall not harass, disturb, oi- malign each other or the respective families of each other. 2 6. REAL PRDPERTY. Husband and lidife do not OIAIII any real properi , that is marital property subject to equitable distribution. HUSBAIJD and WIFE specifically acknowledge that 1,VIFE solely OJA7ns the real property located at 304 Kay Road, h/echanicsburg,, PA 17050 and that said property is non malitCa] property and was acquired by WIFE prior to this marriage. HUSBAIJD forever waives any right, title, claim or interest in said real property or the increase in value of said property. 7. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAIJD represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur- any debt or liability for -AThich 'VArIFE or her estate might be responsible, and lie shall indemnify and save WIFE harmless from any and aE. claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. TA7 FE represents and warrants to HUSBAND that since the separation she has not, and in the future she will.not, contract or incur any debt or liability for u=hich HUSBAl,,TD or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. a. DEBT ACQUIRED BY HUSBAND: HUSBAND specifically aclmmAdedges that he has incurred the following debts during the course of the marriage without Vi?IFB'S knowledge or consent and HUSBAl?TD further agrees he shall be solely and individually responsible for said debt and in.demr it, IArIFE and hold her harmless on said obligations and said debt shall forever be considered the non marital debt of HUSBAIJD: a. Citibaril< account no. 380279-380584 approx. balance ' S10 ,3730M b. Cit Card account no. 5466 1600 7348 2950 approx. balance $ 7,303.81 c. American Express account no. 3713 1224 903,1006 approx. balance "S 4382.77 8. RETIREMENT BENEFITS. a. WIFE's IBM 401K HUSBAND and 'WIFE specifically acknowdedge that WIFE has a -401K retirement account acquired during her employment witli IBM. HUSBAND hereby waives his right, title and interest to any of 1hrIFE's 401K or any other pension and/ or retirement and any and all other retirement benefits whatsoever, and said asset shall be considered non marital propery, in the event of a divorce. b. HUSBAND'S RETIREMENT IA717B C.B. RICHARD ELLIS, IN C. HUSBAND and WIFE specifically acknowledge that HUSBAI\TD has certain retirement benefits he has acquired during his employment with C.B. Richard Ellis, Inc. WIFE hereby waives her-right, title and interest to-any -of HUSBAND's retirement with C.B. Richard Ellis, Inc. or• any other pension and/or retirement and any and all other retirement benefits whatsoever, and said asset shall be considered non marital property in the event of a divorce. 9. BANICACCOUNTS. The bank accounts-held solely in-individual names shall become the sole. and separate. property of the party in whose name it is registered. Each party does hereby specifica.Uy -waive and release his/her right, title and interest in the other party's respective accounts. 10, LIFE INSURANCE. HUSBAI\TD agrees to maintain 'WIFE as the irrevocable beneficiary of any life insurance policy he now has or may acquire as long as the parties r a-in H'CJSBAI\TD and WIFE so long as the parties remain married. -In the event that IA= subsequently files for. divorce, then IA71FE shall waive any and all right, title, claim or interest in any of HUSBAI\TD's life insurance policies. 11. PERSONAL PROPERTY. The parties hereto mutually. agree that in the event they divorce they will divide all furniture, household furnishings and personal property between them in a n a=er agreeable to botli parties. The parties mutually ag •ee that each party shall from and afte3• the date of this Ab •eement be the sole and separate owner of all tangible personal property in his or her possession. 12. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy ox financial reorganization proceedings of any kind while any obligations remain to be performed by that 4 paM, for the benefit of the other party pursuant to the pros%isions of this Agreement, the debtor spouse hereby waives, -releases and P..li7.zgLishes ant, right to claim any exemption (whether guanted under State or Federal lave) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set fortl-i herein, including all attorney fees and costs incurred in the.enforceulent of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regaa•dless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that m the event of bankruptcy or fi uu-icial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankcruptcy. 13. SPOUSAL SUPPORT, HEALTH INSURANCE AND A.LDI 4DNY PENDENTE LITE. a. SPOUSAL. MADgTENTANCE AND SUPPORT HUSBAINM and WIFE acknowledge that 1AUE is unable to work due to her medical condition and disability. HUSBAND and WIFE further agree that HUSBANTD shall pay to -WIFE the sum of One Thousand Dollars 01,000.00) .per month for her maintenance and support until the parties are divorced or reconcile and that said sum shall not be deemed tw able income to WIFE or deductible to HUSBAND for income tax purposes. b. HEALTH INSURANCE CO*VrERAGE FOR ti1TIFE: HUSABAND and IATIFE specifically agree that HUSBAND shall continue to maintain health insurance cot?erage for )A= through his employment with C.B. Richard Ellis, Inc. or any subsequent employer as long as the parties are married. HUSBAND shall provide WIFE with health insurance cards and cooperate and assist her in -utilizhu, said insurance coverage and processing any insurance claims. HUSBAI\TD also agrees that 1/ T= shall have the legal right to contact said insurer(s) and to receive any insurance reimbursement mollies related to her medical expenses and care. HL'SEAIJD and V?TIFE specifically agree that I%1'zFE is preserving her ri ;ht to seek alimony pendente lite and alimony .in the event the parties subsequently Seel: a divorce. 14. )A FFS DISABILITY CLAIM 5 The parties specifically aclmowledae thal WIFE is disabled and is in the process of pursuing ali appeal of the denial of her Social Security Disability Claim. HUSBAND and WIFE agree tliai in the cvtni WIFE is successful in securing a disability deternmiation from the Social Security Administration any past, present or future disability award and payments to -\WIFE are to be )WIFE'S sole and separate pa•operty and HUSBAND f6rev5r waives any right, title; claim or interest thereto. 15. ATTO.RTE1' FEES, COURT COSTS. Each part3, hereby agrees to be solel.31 responsible for his or her own counsel fees, costs and expenses associated with the preparation of this Agreement. 16. ATTORL S' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party -small pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs,. if applicable) which are incurred by the other parts in enforcing the Agreement, -whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or i4Tongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching parts in protecting and enforcing his or her rights under this Agreement. 17. MUTUAL COOPERATION. )ti E and HUSBANID shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 18. VOID CLAUSES. If any term, condition, clause or provision of .this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 19. APPLICABLE LA-?A7 AND JURISDICTION. This Agreement shall be construed under the laws of the Comxnonwealtli of Pem-isylvaiia. HUSBAND and WIFE specifically agree that Pennsylvarda sh.-LU be the divorce jurisdiction for any subsequa-it divorce that may be filed by either party. 20. EI,,TTIRE AGREEMENT. 6 This Ag,reement contains the entire uuzderstanch ng of the parties, and there are rLo representations, wmanties, covenants or undertakings other t .-m those expressly set forth herein. 21. CDI'% LACT INTEI'LPRETATION. Foi• purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement vacs prepared jou-ttly by the parties. ??. SUBSEQUENT RECONCILIATION. This Agreement shall remain valid survive any subsequent reconciliation, and. reconciliation followed by subsequent separation of the parties unless revolted in v,>riting by the parties. IN WITNESS N=EOF, the parties hereto have set thew hands and seals -of the day first above written, This Agreement is executed in duplicate, and in counterparts. SNIFF and HUSBAND admovaledae the receipt of a dull, executed copy hereof. L2?_r?, Ir."_ , / ?z/,.!. Patricia Anthony WIFE Ronald Anthony SEAl?]I7 7 COIvWONWEALM OF PENNSYLVANIA SS. COUNITY OF ULNA' r- On the day of 2009, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Patricia Anthony, known to me (or satisfactoij, proven). to be one of the parties executing the foregoing instrument, and she admo-wledges the foregoing instrument to be her free act and deed. IN WITNESS 1A=_EOF, I have hereunto set my hand and notarial seal the day and year first above whtten.. No"., Pblgic My Commission Expires: CO MONWLAI.:I ?. ut PrENNSYLVANlf A CHEi3'bL R. WON, Nauru Public Cramp hill! buro, Cumbert&W County My Commossiou, Exam- ' 20, 2012 8 COMMONWEALTH OT PEI\TI',TSI LVANIA SS. COUNTY OF ?? : r- - , 2009, before me, a Notar On the ?" day of .T 3 Public hi and for the Commonwealtli of PensasTlvania, the undersigned officer, personally appeared Ronald Anthony, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he aclmomiledges the foregoing instrument to be his free act and deed. IN WITNESS IAT=OF, I have hereunto set my hand and notarial seal the day and year first above written. I V D ucTUC My ec%m'missi F3--pjres: /'? -i ° C DL- MY It??iU?t?: ?.r? yr + i.svrri ?{! t6.ANIP PkE' ai-MA!.. SEAL r.H-:RyL P. CAIN, %!, ?ubiiW ?s 4ji1; Tartu,.?tt:sl?eotic! Cowt#?, JA. m?missio! c?nires Rya; ??, ? z ? 9 IN THE COURT OF COMMON PLEAS OF 'CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA A. ANTHONY V. RONALD D. ANTHONY NO. 2009-6602 DIVORCE DECREE AND NOW, May 10 2011 , it is ordered and decreed that PATRICIA A. ANTHONY , plaintiff, and RONALD D. ANTHONY , defendant, are divorced from the, bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alinwny periderb.lite.if any.economic claims remain pending. 'The court retains jurisdiction of any claims.raised 'by the parties to -this action for which h-a final,orderhas not-yet-been entered. Those claims areas TollDws: (1f no claims-remain indicate "None."). The terms of the Comprehensive Marital settlement Agreement and Addendum dated August 20, 2010 is incorporated, but not merged, into the Decree in Divorce. , I if. Certified copy issued: May 10, 2011 Date By the Court, 41hPrt 1-1 AMaclanri Attest: .J , ' Prothonotary PATRICIA A. ANTHONY, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V, NO: 2009-6602 CIVIL TERM CIVIL ACTION - LAW -? ' RONALD D. ANTHONY, -"- .. Defendant IN DIVORCE COMPREHENSIVE MARITAL SETTLEMENT AGREEMENT AND ADDENDUM THIS AGREEMENT made this V day of_, _ 2010; BETWEEN RONALD ANTHONY, of China, hereinafter referred to Husband, AND PATRICIA ANTHONY, of Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and -wife,having been joined in marriage on, June 8, 1996, in Camp Hill, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County Commonwealth of Pennsylvania, to Number 2009-6602 Civil Term; and R.3: The parties entered into a Legal Separation and Partial Marital Settlement Agreement on January 22, 2009, a copy of which is attached hereto and incorporated herein by reference as Exhibit A; RA: The parties' Legal Separation and Partial Marital Settlement Agreement dated January 22, 2009 specifically reserved Wife's right to seek financial maintenance in the form of alimony pendente lite and alimony, preserved health insurance coverage for Wife paid by Husband in the event the parties seek out a divorce, and did not address the parties' tax status or tax debt. Therefore, the parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the claims for alimony, alimony pendente lite, Husband's health insurance coverage for Wife and the payment due, and the parties' tax status and debt due. R,5: The parties also desire to settle their issues of counsel fees and costs with regard to 2 the preparation of this Agreement, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. (2) EQUITABLE PZIMBURSEMENT: Husband and Wife stipulate and agree that commencing the 1S1 month following the execution of this Agreement, Husband shall pay to Wife the sum of One Thousand Five Hundred ($1,000.00) Dollars per month for twenty-four (24) consecutive months, for a total payment of THIRTY-SIX THOUSAND DOLLARS AND .00/100 ($36,000.00). This determination of-.eg0table reimbursement is contractual in nature, is non- modifiable, and is based upon Wife's waiver of interest in certain other marital property rights together with Husband's assumption of the parties' former joint debt included within the Agreement dated January 22, 2009, This grant of equitable reimbursement to Wife begins upon the first month after the date of execution of the Agreement and terminates only because of the expiration of the 24 month time period, or satisfaction of the payment in full. At the time of execution of this Agreement Wife receives payment from Husband pursuant to the parties' Legal Separation and Partial Marital Settlement Agreement, dated January 22, 2009. If at the date of execution of this Agreement, Husband is behind on payments pursuant to the Agreement dated January 22, 2009, Husband shall be obligated to 2 J M continue to make all payments to Wife owed on a continuing basis, plus begin the equitable reimbursement payments due herein. Husband shall make the payments due to Wife pursuant to the January 22, 2009 Agreement no later than 40 days after execution of this Agreement. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for financial maintenance pursuant to the January 22, 2009 Agreement shall accrue interest at the rate of 10% per annum. As of March 2010, Husband was in default and in breach of the January 22, 2009 Agreement for his failure to make payments due to Wife for January 2010, February 2010 and lAarch 2010. Wife hereby agrees that the payments due to her pursuant to the January 22, 2009 Agreement shall be paid by Husband in a lump sum no later than 45 days after .the date of execution of -this Agreement. The parties agree that the entire amount being paid to Wife pursuant to this paragraph is not intended to be alimony, and therefore is not included in Wife's income and not tax deductible to Husband. This payment to Wife shall be paid from Husband directly to Wife on a monthly basis, to be received by the fifth day of each month. (3) MEDICAL INSURANCE: Pursuant to paragraph 13(b) of the parties Legal Separation and Partial Marital Settlement Agreement, dated January 22, 2009, -Husband was directed to continue to maintain health insurance coverage for Wife through his employment with C.B. Richard Ellis, Inc. or any subsequent employer as long as the parties are married. Husband was directed to cooperate and assist Wife in utilizing said insurance coverage and processing any insurance claims. From the date of execution of the Agreement Husband failed to maintain health insurance coverage for Wife, in that Wife was not covered by Husband's health insurance through his employer, but had to seek out COBRA coverage at her own cost. The cost to Wife for the coverage, including out of pocket coverage and deductibles Husband should have paid 3 for the months from the date of execution of the January 22, 2009 Agreement to the date of execution of this Agreement is NINE THOUSAND FOUR HUNDP,ED TWENTY-FOUR DOLLARS AND 35/100 ($9,424:35). Husband shall reimburse Wife the total cost of by making payment to her at the rate of $1000 per month beginning with the month Agreement is executed, until the total is paid in full. Payments shall be made in nine .(9) consecutive payments of 41000.00, with the final payment being $1,424.35. Payments shall be made by the first day of each month and shall be paid directly to Wife. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for health insurance shall accrue interest at the rate of 10% per annum: From the date of this Agreement forward, -Husband and Wife shall each be responsible for the cost of any unreimbursed medical expenses for themselves for all medical, dental, eye, and/or any other health related costs, to include and not be limited to psychological and counseling expenses. -Husband and Wife shall each maintain separate coverage for their own health insurance from the date of this Agreement forward. (4) INCOME TAX: A: The parties have heretofore filed joint -Federal and State Tax returns. Both parties agree that in the=event .any deficiency in Federal, -state or local income tax is proposed, or assessment of any such tar, is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tar,, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B: The parties filed joint returns for the 2D07 and 2008, and have been notified by the IRS of tax deficiencies for failing to report income for 2007 and 2008 tax years. Husband 4 shall hold Wife harmless and indemnify her for all claims made against the.parties by the IRS, US Treasury, PA Department of -Revenue and any other tax collection agency for the tar, filing from any and all states, countries, -local municipalities or otherwise made for these -years. Husband shall be responsible for-making any and all payments due to all tax collection agencies in any amount for the tax years 2007-2008 as requested by the tax collection agencies, including but. not limited to the principal amount due, interest and penalty. Wife shall submit an "Innocent Spouse Form" to which Husband shall not deny; Husband shall file any other documents necessary to support Wife's claim of innocent spouse for these-tax years, In addition, Husband shall bear the expense of the CPA cost outstanding due for the prior years'. joint fillings and all CPA costs outstanding for the tax assistance received by either party in the tar, collection efforts of the IRS and Department of Revenue. The total cost for the Innocent Spouse Form was $200, which Wife has paid, . Husband shall make payment-to Wife within 15 days of execution of this Agreement. C: In the event the parties file a joint 2010 federal and/or Pennsylvania income tax return, Husband shall pay any-deficiency due on the retum(s). In the event the parties are due a refund, the parties shall divide any•refund-equally, In-that-event, Husband shall-use his portion.of the refund to. make payment :to Wife for Husband's obligations under paragraph 3 of this Agreement, for his medical --insurance payments due to Wife. Husband shall bear the expense ,of preparing all joint tax returns for the 2010 tax year. The parties have used the services of Jim Holland, CPA, and anticipate charges of approximately $500 for tax preparation charges for the 2010 filing. (5) DEBTS: Husband failed to disclose the existence of an outstanding credit card balance due to Bank of America, in the approximate amount of $9,500.00, at the time the parties negotiated their Legal Separation Agreement referenced herein. Wife has maintained payment for the debt since execution of the prior Agreement. Husband shall be responsible for the amount due, making payment to Wife for her maintenance of the expense. Husband shall pay to Wife the 5 amount of $1,000.00 per.month, payable in.9 consecutive months, with the final and 10" payment in the amount of $500.00. Each payment shall be made. by the fifth day of each month and shall be made directly to Wife. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder d.ue.for the debt.due shall accrue interest at the rate of 10% per annum. (6) ADVICE OF CDUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel .of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Wife is represented by Marylou Matas, . Esquire, and, has been advised.that she may be .represented by counsel of- choice- Husband has been advised that he maybe represented by-counsel of his. choice. Husband -has been advised of the right _to retain an attomey; knowing that, he has elected to proceed without counsel Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable., and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is nat the result of any duress or undue influence, -and that -it-is -not-the -result of -any improper or illegal agreement or agreements. (7) LEGAL FEES: In the review and preparation of this Agreement, Husband. shall contribute $1750 toward Wife's legal fees. Husband shall make payment to Wife within 45 days of execution of this Agreement. In the event of Husband's 1aiiure to pay, in addition to the remedies outlined in paragraph 15 regarding breach, the sum not paid by Husband hereunder due for legal fees shall accrue interest at the rate of 10% per annum. (8) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 6 (9) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein, in the event a party files -such bankruptcy and pursuant thereto obtains ?a discharge of any obligations assumed hereunder, the other party shall have the right to declare this . Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by-this Agreement including alimony shall be subject to court determination the same as if:this Agreement.had never been entered into. (10) -COMPLE7E-.DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that. each is :fully and completely informed of, and is familiar with; the wealth, real and personal property; estate and assets, earnings and income of the other and has made any inquiry be.or.she desires into the income or estate of the other and. received any such information requested. Each -has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (11.) -RIGHTS-AI D=RBSPONSIBiLITIES:..Husband-and Wife. acknowledge thateach of them has read and understand his and her rights and responsibilities under this Agreement and that they have -executed this Agreement under. no compulsion to do so but as a voluntary act. (11) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. 7 (12) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, .their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims. the other, and such other's heirs, representatives, assigns and .estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; 8. All rights, title, interest or-claims in..or to any property of the other, whether real, personal-or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy. and.dower, D. All widow or widower's rights; E. All right, title, interest .or-claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all-rights or claims: (1) to take against the other's will; (2.) under-the Jaws-cifintestacy; (3) to a family exemption or similar allowance; -and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in anyway, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mired; H. All rights, claims, demands, liabilities and obligations arising under the B provisions of-the Pennsylvania Divorce Code, as the same may be amended from time-to time, and under the provisions of any -similar statute enacted by any -other country, state, territory or political subdivision; I. All rights,:daims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (13) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be-invalid .or unenforceable, all other provisions shall-continue in full force and effect. (14) INCORPORATION INTO -DECREE: In the event that either of the parties -shall recover a final judgment or decree of absolute divorce against the other in a court of. competent jurisdiction, ,the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive.any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (15) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall-be responsible for:any and4l-costs -incurred .to.enforce -the .Agreement, including, but not.limited lo, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or.her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (16) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding. between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (17) AGREEMENT BINDING DN PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seats the day and year first written above. 9 Ess: ?? °?Y i1TN ??., ?pNPJ-p ' /Date -- / Cam' THpWY ?? ? p ATR? ClA ?'" pN pate 1p I n r REPUBLIC OF-CHINA On this .day of , 2010, before me, the undersigned, personally appeared RONALD D. ANTHONY whose name is subscribed to the within instrument, and acknowledged -that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary-Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this day of 2010., before me, the undersigned, personally appeared .PAl'RIC[A A.? THONY whose name is subscribed to the within .instrument, and acknowledged that :she . executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public NOTARIAL SEAL BARBARA E. STEEL, Notary PubHe Carlisie Bum, Cumberland CountY, PA My Commission Expires June 7; 2011 it LAST WILL AND 7E57AMEIV7 NANCY T. AK7HQ 1, NANCY T. ANTHONY, of Hampden Township, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and - .understanding, do.hereby -make, pUbiish -and declare this to be my Last Will and Testament, .hereby {evoking any and all Wills and Codicils previously made by me at any time heretofore. F-I R. T::I. hereby direct 1hIat- my personal representative(s), hereinafter named, to pay all of my just debts, not barred ,by any.statute of firTitations, as well -as my-funeral and testamentary expenses, including Pennsylvania Inheritance Taxes, as soon after my demise as may be practicable. SECOND: : 1 .'hereby-give, devise and.bequeath all the rest, residue and remainder .of my estate,:equally and per capita, among:my four children: Richard H. Anthony-Jr., ?O -, - -z, Sharon Anthony Wang, John M. Anthony, and _ rrI w - Ronald D. Anthony - THIRD: Be it known -that. I desire to be cremated and request thCr* J=? be no maudlin funeral or memorial services conducted following -my demise. FOUF76i: I hereby nominate, constitute and appoint my daughter Sharon A. Wang, as Executrix of this,. my .Last Will and TestamenL In the event that Sharon predeceases me, -tails to duality, ceases to act, or for some reason is.irr. apable of performing such task, t then nominate, constiue and appoint my son, John, Michael Anthony, -as exedutor. in.ihA- event that John prsdsoaases me, lfails to cpialffy, ceases -to ace, or for some reasm.is in.^apabie of performing suc:h task. I nominate, consft to and. int.my•son, Ronald .D_, as exemAor. El FT The above naM9d persons shat( rCIA3,-- required to post bond or surety in this or any other juris icli:)n for fafthful compliance of the dutios as psrsonal representative of my. estate. IN WUNERS WHEREOF, I hereby sat my hand acid seal and diedare this to be my,. LAST.WILL. AND -? M.TAMEP.+?, - ng.ol tinis,and: orw , other°typewrifitaa3;petge; ?itier Fie°t?}r.mti?re? -ltett;iiis, the4 - clay of 2009 Nancy T. BE IT KNOWN, that at the request of -the. lestatrix, we have Wised the signing of this dotiumantr, in herpreserrce, and in the presence of each other. .(Address). ?D-s... r+i &lrn D . -- llkW_Dj?icsl?.rc?P? W - Address o?O n 6 T r r, l?r . IA _T,_0 '?!ii kz+?1 _ l 7oyj COMMONWEALTH OF PENNSYLVANIA COUNTY CAF CUMBERLAND ) r3cdGy 5?-? r p e. t Lt?.NCY Ti . 11Tfr ONY, and ? ? r ??-- t°arr Oe nail Testa? a klle witnesses, res ir?eiy tle whose names are signed to -the attach and egoing instrumerrt, being first duly sworn, do hereby declare to the undersigned authority that *the Testatrix signed arui .execut -ft)a instrument as her .Last Will and Testament. Furthermore, she_sigr»d.and executed it willingly, as a-free and voiuntarv art, for. the-purposes therein expressed, Each of. us, as ..witnesses, : in the presence and - hearing of the Testatrix and each other., sigh the Will as wtWesses, .and that to the best of our knowiadge and sight, the Testatrix, was at -the time e0tasen-(18) or more years,of -age, of sound:and disposing mind, memory and undwstancfing Viler no cot?rairrt, duress or .undue influence. [!. NANCY T. ANTHONY (Testatrix) i i WiTNEF ?ESS Subscribed, swom to and acknowledged beFore me by_ 'NANCY T. AN-THO6II,Y, the T and by and J ?cYy S Cu.rr? ? Ocfla.r }- -the , aA of whom personalty appeared bore me, the undersigr:ed oi'ficer, an this, the 1 day of J u.n -e 2DD9 My Commission EVires. ryu (ch cb / -) G COMMONWEALTH OF PENNSYLVANIA Notarial Seal Elizabeth K. Hull. Nohry Public Silver Spring Twp., Cumberland County My Commission Expires Mar. 20, 2010 Member, Pennsylvania Assoeielion of Notaries Subject: Sorry did not reply was out of town on wort:.. Frorn: Anthony, Ron @ Shanghai (ron.anthony@cbre.com.cn) To: paarda@yahoo.com; Cc: ranthony@facilitycenterchina.com; Date: Monday, January 16, 2012 12.26 AM Sorry I did not get your emails until last night was out of town on work and getting ready for the big Chinese holiday coming this weekend and next week. So let me bring you up to speed on a few things..... As far as money goes I am still planning on giving you some of the money I get from the estate when it is cleared. I will get the first-bitfrom:her Fidelity=in -about 30. days not sure how-much, but my intent. is. to give you 1/2 of it maybe l OK if-my calculations are right. Next I have been told the house will go on the market very soon so maybe till spring or summer till it get sold but this is only what Mike thinks as they have a few people interested already. So as -far as :money goes this is how I.-wi11 need to.pay you. I will not start my new job till April or May as always in my life nothing is easy. They. had to put a hold. on the China set-up for many reasons.... So that being said I may lose my current job as my contract-is up in March anyhow so may have a month with no pay. So this being said I am holding what little money I have for my trip if I can make it..... Now,if you decide to issue something.against me.let..me know.as.I wilLnot.xeturn,to,.the USA then-they may try and hold me...If that would happen and I cannot return to China cannot work and cause me a lot of trouble for Arai and Lina. So if you can hold off I will be sure to give you money as soon as I get it. So regard to Hillary.... Was just a courtesy she caught me on FB and asked me all kind of questions so I answered nothing more nothing less. I have no intent of becoming good friends with her again as .... I also know how she can be and if I did not respond it may have just fueled her fire once more and do not want that in the social media. I am shocked to hear about hunter drive ... if the mold was there it was probably after shithead left the place vacant and cold for however long ... I am glad to hear someone is taking care of it now. If I come back would like to go see it. In closing I am sorry things are not working out the way you want with money and home. I am hopeful you can get to back CA and start over again is the best place for you I think. If all goes well I am planning on retiring in the bay area than trips to China will be easy from SF and will be warm. http://us.m,u6.mail.yahoo.com/neo/launch?.rand=03250utOeOi5l 1/26/2012 Regards, Ron Anthony I Associate Director Facilities Management TTansilion and Solutions Global Corporate Services China CBRE I Shanghai 11 F I Wheelock Square 1717 West Nanjing Road I Shanghai, PRC 200040 T 86 21 2401 1340 F 86 21 5403 7435 1 M 86 1360 176 9802 ron.anthonVno.cbre.com.cnI ~A1.cbre.com.cn # .??? 1 ? l9 0 Is* i 10, A f?o www.cbre.com Notice to recipient: This. e- mail is meant for only the intended recipient of the transmission, and may contain information of CBRE that is confidential and/or privileged. If you received this e-mail in error, any review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation. www.cbre.com http://us.mg6.mail.yahoo.com/nt,-o/lauiie,h?.rand=03250utOeOi5l 1/26/2012 a Subject: RE: Have not heard from you From: Anthony, Ron @ Shanghai (ron.anthony@cbre.com.cn) To: paarda@yahoo.com; Date: Tuesday, March 13, 2012 5:12 AM Dear Patty, Yes I will be paying you 5,000 more as soon as my stock is sold I made the transfer last Thursday so should be OK now. Will do later this week. However that is all I will be able to give you out of the fund, will need to pay off more when the house sells need to have money to come home in May. I will give you 1 K per month till then. Ronald Anthony I Associate Director Facilities Management Transition and Solutions Global Corporate Services China CBRF I Shanghai 11 th Floor I Shanghai Wheelock Square 1717 Nanjing West Road I Shanghai, PRC 20D040 T 86 21 2401 13401 M 86 1360 176.9802 ron:anthony@cbre.com.cn I wwm,.cbre°com-.cn From: Patty Anthony Imaiito:paarda@yahoo.cam) Sent: 2012030120 0:20 To: Anthony, Ron @ Shanghai Subject: Re: Have not heard from you Hi Ron, http://us.mg6.mail-yahoo.com/neo/launch?.rand=cuuvf736462nf 3/14/2012 PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RONALD D. ANTHONY, Defendant NO. 09-6602 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 21st day of May, 2012, upon consideration of Plaintiff's Petition for Special Relief, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 45 days of service. BY THE COURT, - &' " ? ? -/ /&e Christylee . Peck, J. Marylou Matas, Esq. West High Street Carlisle, PA 17013 Attorney for Plaintiff - C ) c .,? Ronald D. Anthony A rn v No. 17 Hua Ting Road 4 --< T Building 2 Apartment 201 ? -" C) Xu Hui District Shanghai 200031 o T PRC =C) C Defendant, pro Se .5:11 _ :rc TRUE-COPY FROM RECORD In Testimony whereof, i here unto set my hand and the seal of said Court at Carlisle, Pa. This Q)f day of 20 /a Prothonotary Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Law offices of Sardis Sullivan PATRICIA A. ANTHONY, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW RONALD D. ANTHONY, c Defendant/ Respondent IN DIVORCE '<; AFFIDAVIT OF SERVICE mac; ?: jC M; I, Marylou Matas, Esquire, being duly sworn according to law, hefebY It deposes and says that on May 23, 2012 she served a true and correct copy iii of the Order of Court upon Ronald D. Anthony, by electronic mail, "read ! receipt" requested to his electronic mail addresses of raMlionyCci-facilitycenterchina.com and ron.anthony(cb-cbre.cn. Attached is the "read receipt" showing Defendant opened the electronic mail on May 26, 2012. Dated: 51SO12.0/ Z V1 Ma §ledi tas, Esq re ID No. 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff & Rogers 26 West High Surer Carlisle, PA 17013 Hannah White-Gibson From: Ron Anthony <ranthony@facilitycenterchina.com> To: Hannah White-Gibson Sent: Saturday, May 26, 2012 5:50 AM Subject: Read: Order of Court Your message To: Subject: Read: Order of Court Sent: Saturday, Mby 26, 2012 9:50:03 AM (UTC) Monrovia, Reykjavik was read on Saturday, May 26, 2012 9:49:52 AM (UTC) Monrovia, Reykjavik. PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-6602 CIVIL TERM RONALD D. ANTHONY, CIVIL ACTION-LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of August, 2012, upon consideration of the within Motion For Extension Of Time To Reply To Rule Issued on May 21, 2012, the Defendant is given until September 14, 2012 to respond to the May 21, 2012 Rule. BY THE COURT, Christy) . Peck, J. C-i Marylou Matas, Esquire '' m --, Saidis, Sullivan & Rogers 26 West High Street c»r- - oc Carlisle, Pennsylvania 17013 Michael A. Scherer, Esquire o ; Baric Scherer LLC 19 West South Street Carlisle, Pennsylvania 17013 PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY PENNSYLVANIA V. NO. 2009-6602 CIVIL TF 9 +r' CIVIL ACTION - . LAW r,' w Zl RONALD D. ANTHONY, x r Defendant/ Respondent IN DIVORCE Judge Peck PETITION FOR SPECIAL RELIEF co C ? 1. Petitioner filed a Petition for Special Relief on May 17, 2012; ret besflg payment of outstanding claims due under the parties' Legal Separation and Partial Marital Settlement dated January 22, 2009 and Marital Settlement Agreement and Addendum dated August 20, 2010. 2. The Court entered an Order, dated May 21, 2012, giving Respondent 45 days to respond to the Rule to Show Cause why Petitioner is not entitled to the relief she requested in her Petition for Special Relief. 3. Petitioner filed a Motion to Make her Rule Absolute on July 27, 2012. 4. Petitioner filed an Amendment to the Motion to Make the Rule Absolute on August 6, 2012 to clarify pursuant to local rule that Judge Peck had previously been assigned to this matter and that Respondent had not been represented by an attorney of record at that time. 5. Respondent filed a Motion for an Extension of Time to reply to the Rule issued to him on May 21, 2012, on August 8, 2012, more than 45 days after Law Offices of , -110lic Sullivan & Rogers 26 West High Street Carlisle, PA 17013 he had been served with the original Rule to show cause. 6. By Order dated August 13, 2012, Respondent must now respond to Petitioner's Rule to Show Cause by September 14, 2012. 7. Petitioner has learned that Respondent is a beneficiary to his mother's estate and has an interest in the property located at 1810 Lambs Gap Road, Mechanicsburg, Cumberland County, Pennsylvania, including real estate and personal property. A copy of the will of Nancy T. Anthony is attached hereto and incorporated herein as Exhibit A. 8. The real estate and personal property is set to be auctioned at a public action on September 30, 2012. A copy of the public auction listing is attached hereto as Exhibit B. 9. It is believed that Robert G. Frey, Esquire represents the estate of Nancy T. Anthony. 10. Respondent has resided in China since the parties' separation in approximately 2009 and it is not known whether he has other assets located in the local area. 11. Respondent has consistently failed and refused to make payments to Petitioner pursuant to the two Agreements he executed since 2009, in violation of the terms of both Agreements. Law Offices of Saidis 1;n11iva.n m icvgers 26 West High Street Carlisle, PA 17013 12. Petitioner is concerned that without an Order directing Respondent to deposit proceeds from the estate of his mother to an escrow account in her counsel's office, that Respondent will direct the proceeds to be paid elsewhere so that he is without means to pay any outstanding judgment that may be entered in the matter pending before the Court on Petitioner's outstanding Petition for Special Relief and so that Petitioner will have a more difficult time obtaining a judgment for payment of claims due. 13. In the event the Court makes a final determination that Petitioner is not due funds as requested on Petitioner's Petition for Special Relief dated May 17, 2012, the proceeds that may have been held in escrow will be released to Respondent and Respondent will not have been harmed by the temporary savings of funds by a third party. 14. Pursuant to Pa. R.C.P. 1920.43 At any time after the filing of the complaint, on petition setting forth facts entitling a party to relief, the court may, upon such terms and conditions as it deems just, including the filing of security, (1) issue preliminary or special injunctions necessary to prevent the removal, disposition, alienation or encumbering of real or personal property in accordance with Rule 1531(a), (c), (d) and e; or (2) order the seizure or attachment of real or personal property, or (3) grant other appropriate relief. 15. Petitioner requests, pursuant to Pa.R.C.P. 1920.43, that the Court issue an Order directing that any and all funds received by Respondent as a beneficiary of the estate of Nancy T. Anthony be escrowed pending further disposition of the matter pending before the Court, on Petitioner's Petition filed May 17, 2012. 16. Judge Peck has previously been assigned to this Matter. 17. Counsel of record for Respondent has been provided with a copy of this Petition but has not provided a response regarding his client's position on the request. 18. A courtesy copy of this Petition has been forwarded to counsel for the estate of Nancy T. Anthony. WHEREFORE, Petitioner requests your Honorable Court grant an Order directing Respondent to escrow proceeds he receives as beneficiary of the estate of Nancy T. Anthony. Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Date: Respectfully submitted, SAIDIS, SULLIVAN & ROGERS -Xo,Z?au_ P/<46 Marylou 'M tas, Esquire Supreme ourt No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Petitioner/Plaintiff A VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. at'T, - c?v Patricia A. Anthony Date: ?? 13f i2- Law Offices of Saidis Sullivan & Rogers !6 West High Street Carlisle, PA 17013 I a ST WILL AND TESTAMENT j2F NANCY T. ANTHONY I, NANCY T. ANTHONY, of Hampden Township, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all Wills and Codicils previously made by me at any time heretofore. FIR T: I hereby direct that my personal representative(s), hereinafter named, to pay all of my just debts, not barred by any statute of limitations, as well as my funeral and testamentary expenses, including Pennsylvania Inheritance Taxes, as soon after my demise as may be practicable. SEC Q N D: I hereby give, devise and bequeath all the rest, residue and remainder of my estate, equally and per capita, among my four children: Richard H. Anthony Jr., Sharon Anthony Wang, T y, John M. Anthony, and o Ronald D. Anthony T H I R : Be it known that I desire to be cremated and request thrC `-_; be no maudlin funeral or memorial services conducted following my demise. i FOUKrH: 1 hereby nominate, constitute and appoinn my daughter Sharon A- Wang, as Executrix of this, my Last Will and Testarnent In the event thmt Sharon pnxkKx ases me, fats to gustily, ceases to ad, or for some reason is incapable of performing such task, t then nominate, constitute and appoint my son, John Michael Antt", as executor. In the event that John predeceases me, fats to qualify, ceases to act, or for some reason is incapable of performing such task, I nominate, Constilute and appoint my son, Ronald D_, as executor. F! FT M: The above named persons shall nol be required to post bond or surety in this or any other jurisdx4ion for faithful compliance of the duties as personal representative of my estate. IN WITNESS WHEREOF, t hereby set my hand and seal and dedere this to be my, LAST WILL AND TESTAM04T, consisting od this and one other type written page, identil'ied by my. signature. hatted an this, the./f day of Ke" 209 Nancy T.- tr"W - - ?'i'este#rix} BE IT KNC)WN, ftt at the request of the festal ix, we have wi riessed the signing of this document, in her presence, and in the presence of each other. -? (Address). o7p S r?i 6t ?m ?. (?i tS Lkrc? - - - -- -- .(Address) aU!?' n_?rr-? h_. !?r.?cl!+ct?s1?, ?? ??A 'cirri e 0C•W.1 . t '7o?U t . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND ) 1????y Sha ? p c NANCY T. , ANTHONY, and purr. ar10A the Testatrix, a the witnesses, respectively, whose names are signed to the attached and fbIregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and Testament. Furt#wmore, she signed and executed it willingly, as a free and voluntary act, for the purposes therein expressed, Each of us, as witnesses, in the presence and hearing of the Testatrix and each other, signed the Will as witnesses, and that to the best of our knowledge and sight, the Testatrix, was at the time eighteen (18) or more years of age, of sound and disposing mind, memory and understancling der no con 6aint. duress or undue influence. :Y T_ ANTHONY {Testatrix) i W ITNE ESS Subscribed, swom to and acknowledged before me by: NANCY T. Al1LTHO Y, the Te. and by and ? cl?y S Cu.?r; c (k hQ.r ?- the vOkiiesses, all of whom personalty appeared before me, the undersigned officer, on this the day of J L.?-r" -C 2009 My Commission Ipires. ryLarch a) 1-) 01 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Elizabeth K. Hull, Notary Public Silver Spring 7wp.. Cumberland County My Commission Expires Mar. 20.2010 Member. Pennsylvania Association of Notaries " N f ? ? 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D N •'?T ;a 1D n O m -w 6 A i0 . 7 _ y. o '' om ?.a m0 C4 .A r D.D ?d ?o x,= A O [D_ [D ?c a. rt ?o a J? w z? rn o T? 0 ?S O C v? C rn C ?. N W 0 .Z] c mo' 7 roy N Me W C9 O O. o, O z w N > w c 'o y as A ru vG w3 -t _ N O to O 0 N m r, fo m w W, C: Cc- 0 00 ? o ? x. i . 0 >o O n C, 40 t 77 ?b N n •7 ?t ? r 77 n N m v ? C soon N L T ?w NG A N+ won, m .P a O Z d v O ono N ? - ?C?nC 0 co'o' Qj SO (v ru V1 °' Qv n G m Z m N b D C G? C a N N G N C 00 ?wl ..n mm aO a N ?r CD ?G CGc G CD CA 1 C'? O 79 po ?o N N Q Oa ra iN? rrl 1 • )?yN y V ?N r o ? 0 O O b O vm O I, Ft G m O Z m O C Cr7 C N N O N n W r4tv PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW RONALD D. ANTHONY, Defendant/ Respondent IN DIVORCE Judge Peck CERTIFICATE OF SERVICE I hereby certify that on this Z?, 1 day of, - , 2012, a true and correct copy of the attached Motion was served regular, first class, pre-paid mail to: Michael Scherer, Esquire Attorney for Ronald D. Anthony 19 West South Street Carlisle, PA 17013 Robert G. Frey, Esquire 5 South Hanover Street . Carlisle, PA 17013 SAIDIS, SULLIVAN & ROGERS Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Marylo'G I!%I s, Esquire Supreme Court ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Counsel for Petitioner/Plaintiff AG 1F FOR REAL LSTA. THIS AGREE1vl.ENT, made this 30th day of Semtember . 2012, by and between Nancy T. A.nthonv hereinafter referred. to as '"Seller(s)" and hereinafter referred. to as "Buyer(s)". WIiTNESSETH: 1. Seller(s) hereby agree to sell and convey to Buyer(s), who hereby agree to purchase all that certain lot or piece of land with improvements thereon erected situated in the Cumberland County, Pennsylvania known as _ S 10 Igihs Gap Road , in the Township of Hamu_Cden , for the sum, of. Dollars upon q I. CM fT't?o W 1 k L EN -©61E 23CUEA&Y .t 'q the further terms and. conditions hereinafter set forth. (a) Deposit at or before the signing of this Agreement, to be held by Auction Company $ 15,000 (b) Balance to be paid at closing: $ 7,b, w- TOTAL PRICE $q (. CAD 2. Settlement shall be made on or before the 14th day of November, 2012. Said time for settlement and all other times referred to for the performance of any obligations of this Agreement are hereby agreed to be of the essence of this Agreement. 3. In the event that the buyer fails to fulfil and perform any of the terms and conditions of the sale, the Seller, at the Seller's option, may retain the down payment as liquidated damages, pursue its remedies at law or equity, and may resell the property. 4. Plumbing, heating, lighting, and. other permanent fixtures now in said premises are included in this We. 5. Seller(s) shall bear the risk of loss or damage to the property from fire or other casualty until time of settlement. In the event of any damage to the property caused by fire or other casualty, Buyer(s) shall have the option of rescinding this Agreement and promptly being repaid the deposited money or of accepting the property in its then condition with the proceeds of any insurance recovery obtainable 1 are notified that they may insure their equitable interest in the property as of the time of Agreement. 6. Buyer(s) have received a copy of the Seller's property disclosure statement and. have received and signed the Lead Based Paint Disclosure Addendum to this Agreement. 7. Taxes, water and sewer rent and all other annual claims and charges upon the above described premises shall be apportioned at the time of settlement. Pennsylvania Realty Transfer Tax and any municipal transfer tax shall be paid one-half (1/2) by the Buyer(s) and one-half (1/2) by the Seller(s); provided, however, that the Buyer(s) shall be solely responsible for any additional transfer taxes imposed on. any assignment of this agreement. 8. It is understood that Buyer(s) have inspected the property and that they have agreed, to purchase it as a result of such inspection and. not because of or in reliance upon any representation or other communication made by Seller(s), Sellers' agent, auctioneer, or agents and employees of auctioneer. Buyer(s) understand and agree that the property is being sold in AS IS condition. 9. This Agreement shall be binding upon the respective heirs, executors, administrators, and successors of the parties hereto. 10. This Agreement is to be construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 11. All parties hereby acknowledge receipt of a fully executed copy of the Agreement. SELL • BUYER.. ?/Z ,yam Date ate Date Date S' L T Received of Purchaser pa the as money down on account of the above pure price, the sum of 440 P - am RMu"V-&OL AL) ?6? Cordier Auction,.; 1500 Paxton Street, Harrisburg, PA 17104 717-731-8662 PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2009-6602 CIVIL TERM CIVIL ACTION-LAW ~=~° RONALD D. ANTHONY, ~ ~ ; ; Defendant IN DIVORCE ~' ca DEFENDANT'S ANSWER TO RULE DATED OCTOBER 9, 20'C3: `~ ---, r. ~ AND NOW. comes Michael A. Scherer, Esquire, counsel of record fortF~e •° Defendant, Ronald D. Anthony, and respectfully represents as follows: 1. After the issuance of the October 9, 2012 Rule, undersigned counsel forwarded the Rule to the Defendant. 2 On October 11, 2012, the Defendant sent undersigned counsel the following email: "Per your request this is formal notice that f DO NOT require your services to represent me in the case of my x-wife's request for special relief." 3. Undersigned counsel believes that he has been discharged and is no longer permitted to represent Defendant pursuant Rule of Professional Conduct 1.16(a)(3). 4. Defendant has not requested a continuance for the hearing set for November 1, 2012. 5. Defendant is aware of the hearing set for November 1, 2012. WHEREFORE, undersigned counsel respectfully requests that this Honorable Court enter an Order directing undersigned counsel to withdraw in this matter. Respectfully submitted, BARK SCHERER LLC ~ f, /~ M9c14`a~A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Motion are true and correct to the best of my knowledge, information and belief, I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. ~~~ Mic el A. Scherer, Esquire r Dated: _ '~~ ~'~° ~'L CERTIFICATE OF SERVICE I hereby certify that on October 18, 2012, I, Jennifer S. Lindsay, secretary at Baric Scherer LLC, did serve a copy of Defendant's Answer To Rule Dated October 9, 2012, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Marylou Matas, Esquire Saidis, Sullivan & Rogers 26 West High Street Carlisle, Pennsylvania 17013 Ronald Anthony No. 17 Hua Ting Road Building 2, Apartment 201 Zu Hui District, Shanghai 200031 PATRICIA A. ANTHONY, Plaintiff v.. RONALD D. ANTHONY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY", PENNSYL VAN1A CIVIL ACTION -LAW NO. 09-6602 CIVIL TERM IN RE: MOTION TO WITHDRAW AS COUNSEL ODER OF COURT AND NOW, this 31St day of October, 2012, upon consideration of the Motion To Withdraw as Counsel, and Plaintiff s Objection to Defendant's Counsel's Motic-n To Withdraw, Defendant's motion is denied without prejudice to refile the motion after the hearing on Defendant's Petition far Special Relief currently scheduled for November 1, 2012, and then only if Defendant can show that Defendant's withdrawal of counsel will not delay any part of the proceedings. BY THE COURT,, rt r-q-i 4:.J ~ ~ "'t ' {, f {~ ~- fTl ~, C"'7 T4 -, i C J ~~ `~' W ~ Christylee L. Peck., J. ~ =~- ~+~ - <: ~ { ~ ~ -,, / Marylou Matas, Esq. _,~ ~ . c ;~ s ~_ ' ~ t-, ; 26 West High Street _. N -~" Carlisle, PA 17013 ~~ -~: ~ Attorney for Plaintiff ~ Michael Scherer, Esy. 19 West South Street Carlisle. PA 17013 Attornev for Defendant / Ronald Anthony No. 17 Hua Ting Road Building 2, Apartment 201 Zu Hui District, Shanghai 200031 rc C6p; c.5 `~~ % l0~~,3~%~ PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS OF. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW RONALD D. ANTHC>NY, Defendant NO. 2009-6602 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COtJRT AND NOW, this 1st day of November, 2012, the Plaintiff having been represented b~y Marylou Matas, Esquire, and the Defendant having been represented by Michael A. Scherer, Esquire, and counsel for the Defendant having moved to withdraw a~~ counsel and such motion having been denied by this Court, and the Defendant having failed to appear at the hearing in this matter anti having failed to file any petitions for substitute counsel, and it being represented to the Court :by Michael A. Scherer, Esquire, that the Defendant received notice of this hearing and did not wish to appear at this hearing, it is hereby ordered that the petition for enforcement of the marital settlement agreements issued t:o date is granted. as follows: pursuant to an agreement of the parties as to the amount of money that will be paid, the Defendant is r~ereby ordered. to pay the amount of $28,750, representing $25,OC0 in equitable distribution, plus $3,750 in outstanding legal fees, to the Petitioner on or before the close of business on November 23, 2012. ~~ By the Court , '~~ "' ~' rj Christy ee L. Peck, J. =~=' .~ T,~, __: 1 ... , ~ i' ;~ Marylou Matas, Esquire 26 Wesi~ High Street Carlis_e, PA 17013 For thE= Plaintiff / Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 1'713 For tlhe Defendant pcb `~'f''~-s /~Gc•l 'e~( ~ r~~~~,~ PATRICIA A. ANTHONY, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW> RONALD D. ANTHONY, r = -' Defendant/ Respondent IN DIVORCE (!i3 i`J Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 J. PECK z= ?, MOTION TO MAKE RULE ABSOLUTE ?- 1. Petitioner is PATRICIA A. ANTHONY, the Plaintiff in the above captiohed`ktion, and she is represented in this action by Marylou Matas, Esquire. 2. The Respondent is RONALD D. ANTHONY, the Defendant in the above captioned action and he is represented in this action by Michael Scherer, Esquire. 3. On November 1, 2012, by Order of Court, Respondent was Ordered to make a payment to Petitioner of $28,750 by November 23, 2012. 4. On December 7, 2012, Petitioner filed a Petition for Contempt for Respondent's failure to make such payment. A copy of said Petition is attached hereto as Exhibit A. 5. Respondent and Respondent's counsel were served with the Petition for Contempt on December 7, 2012. 6. On December 13, 2012, an Order was entered, giving Respondent 30 days to respond to the Rule to Show Cause why Petitioner is not entitled to the relief requested. A copy of said Order is attached hereto as Exhibit B. 7. Respondent's counsel was served with the Order of December 13, 2012 on December 13, 2012. 8. More than 30 days have passed and Respondent has not filed any response to the Rule. I ' Law Offices of Saidis Sullivan 9. On January 4, 2013, Respondent's counsel filed an Answer with the Court, only requesting to withdraw as counsel for Respondent and not responding substantively to any of the allegations of Petitioner's Petition for Contempt. 10. The Court issued a Rule in response to the January 4, 2013 Answer filed by Respondent's counsel, directing that Respondent file a response within 30 days to counsel's request to withdraw. 11. On January 31, 2013, Petitioner filed a response to the Answer, concurring with Attorney Scherer's request to withdraw as counsel for Respondent. 12. Respondent has failed to file a response to either Rule issued by the Court, in response to Petitioner's Petition for Contempt or Attorney Scherer's request to withdraw as counsel. 13. More than 30 days has passed since the entry of both Rules issued by the Court. 14. Petitioner, through counsel, requests that the Court find Respondent in contempt of the Order of Court dated November 1, 2012 and order him to pay all outstanding amounts due under the Order, including the legal fees Petitioner has incurred for pursuing this additional Petition, and any other remedy the Court sees fit and necessary to ensure payment. WHEREFORE, your Petitioner respectfully prays your Honorable Court to enter the attached Order. & Rogers Date: 2-127-C t6/131 26 West High Street Carlisle, PA 17013 Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Mary ou, atas, Esquire Supreme ourt No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Petitioner/Plaintiff PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW RONALD D. ANTHONY, Defendant/ Respondent IN DIVORCE J. PECK VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Mary t M tas, Esqui Date: Z Z('I/Z(:/S r Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW RONALD D. ANTHONY, IN DIVORCE Defendant/ Respondent J. PECK CERTIFICATE OF SERVICE hereby certify that on this day of February, 2013, a true and correct copy of the attached Motion was served by electronic mail and regular, first class, pre-paid mail to: Michael Scherer, Esq. Baric & Scherer 19 West South Street Carlisle, PA 17013 Ronald D. Anthony Number 17 Hua Ting Road Building 2 Apartment 201 Xu Hui District Shanghai 200031 PRC Email: ron.anthony@cb ?.com.cn; ranthony pC?facilityicenterchina.com Robert G. Frey, Esquire 5 South Hanover Street Carlisle, PA 17013 SAIDIS, SULLIVAN & ROGERS Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 T Mary'[?la s, Esquire Supreme' urt ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Counsel for Petitioner/Plaintiff PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS ' Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW RONALD D. ANTHONY, Defendant/Respondent IN DIVORCE J. PECK ORDER OF COURT Law Offices of Saidis Sullivan & Rogers 26 West High Streer Carlisle, PA 17013 AND NOW, day , 2012, upon presentation and review of the attached Petition for Contempt: IT IS HEREBY ORDERED that Defendant/Respondent, Ronald A. Anthony, is found in contempt of the Court's Order dated November 1, 2012; and 1. Defendant shall make payment of $28,750.00 to Plaintiff immediately; and 2. Defendant shall make payment of $1,606.00 to Plaintiff for reimbursement of attorney's fees in filing this action; and 3. Interest shall accumulate at the rate of _% per day on the unpaid balance due to Plaintiff until the amount is paid in full; and 4. Any and all interest Defendant has in any and all real estate, life insurance proceeds, checking/savings/money market account, retirement account, investment account, trust, certificate of deposit, estate funds and the like are hereby seized by this Court and shall be sold or distributed by Plaintiff for payment of the amount due to her; and 5. Defendant shall be incarcerated for a period not to exceed six (6) months unless he is able to make payment due, including attorney's fees as listed in paragraph 2 of this Order; and 6. Any other sanctions this Court deems appropriate. By the Court J. Distribution: Marylou Matas, Esquire Attorney for Plaintiff/Petitioner Michael Scherer, Esquire Attorney for Defendant/Respondent Ronald Anthony Defendant rantllonyQfacil itycenterchina.com ron.anthon yc ,cbre.com.cn Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17Q13 PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-6602 CIVIL TERM ,._, CIVIL ACTION - LAW C RONALD D. ANTHONY, Defendant/Respondent IN DIVORCEm r? J. PECK C G n --Z Tl CD r __ C_, PETITION FOR CONTEMPT - r'c -=1 Cn AND NOW, comes Patricia A. Anthony, by and through her counsel Marylou Matas, Esquire, of Saidis, Sullivan & Rogers and petitions this Honorable Court as follows: 1, On November 1, 2012, this Court held a hearing on the motion of Plaintiff's Petition for Special Relief. 2. This Court issued an Order dated November 1, 2012 ordering the Defendant to pay the amount of $28,750 to Plaintiff on or before the close of business on November 23, 2012. This Order is attached hereto and incorporated herein as Exhibit A. 3. Defendant has failed to pay any amount to Plaintiff at the date of filing or since that date. 4. Pursuant to Pa. C.S.A. §3502(e) Powers of the court: if at any time a party has failed to comply with an order of equitable distribution, as provided for in this chapter or with the terms of an agreement as entered into between Law Offices of Q-.1AI- auiuvan & Rogers 26 West High Street Carlisle, PA 17013 the parties, after hearing the court may, in addition to any other remedy available under this part, in order to effect compliance with its order: (1) enter judgment; (2) authorize the taking and seizure of goods and chattels and collection of the rents and profits of the real and personal, tangible and intangible property of the party; (3) award interest on unpaid installments; (4) order and direct the transfer or sale of any property required in order to comply with the court's order; (5) require security to insure future payments in compliance with the court's order; (6) issue attachment proceedings, directed to the sheriff or other proper officer of the county direction that the person named as having failed to comply with the court order be brought before the court, at such time as the court may direct. If the court finds, after hearing, that the person willfully failed to comply with the court order, it may deem the person in civil contempt of the court and, in its discretion, make an appropriate order, including, but not limited to, commitment of the person to the county jail for a period not to exceed six months. (7) award counsel fees and costs; (8) attach wages; or (9) find the party in contempt. 5. The Order of November 1, 2012, was issued after the parties reached an agreement to resolve the underlying issues raised in Plaintiffs Petition for Special Relief, to enforce their Marital Settlement Agreement, in which Plaintiff alleged Defendant's repeated willful failure to make payment for numerous obligations since the execution of the Marital Settlement Agreement. 6. In her original Petition, Plaintiff requested outstanding reimbursement from Defendant to her in the amount of approximately $70,000; Plaintiff and Defendant agreed that Law Offices of Defendant would make payment to her in the amount of 28,750 to re $ SOIVe 1170 claims raised. c-Z-11 . Sullivan 7. Defendant has willfully and neglectfully failed to make payment due; & Rogers willfully and neglectfully failed to abide by the agreement made on November 1, 2012, to 26 Wesc High Street Carlisle, PA 17013 resolve the outstanding claims and to settle the underlying issues raised in Plaintiff's Petition for Enforcement of the Marital Settlement Agreement; and willfully and neglectfully failed to abide by this Court's Order of November 1, 2012. 8. Judge Peck has previously been assigned this matter. 9. A copy of this Petition has been provided to Respondent's counsel and he does not concur with the relief requested. WHEREFORE, Petitioner requests your Honorable Court to find Respondent in contempt of the Order of Court dated November 1, 2012, and Order as follows: 1. Direct Respondent to be responsible for all outstanding payments due to Petitioner; 2. Direct Respondent to be responsible for Petitioner's counsel fees and costs; 3. Direct that interest accrue on the amount unpaid; 4. Direct that Respondent's property be seized and sold to satisfy the amount due; 5. Direct that Respondent be incarcerated for a period not to exceed six months unless and until he makes payment as Ordered herein; and 6. All other sanctions as appropriate. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Date: / Z/ S / Zol L Law Offices of Saidis 26 West High Street Carlisle, PA 17013 Marylou *'*, Esquire ID No. 84919- 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing document are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. a Patricia A. Anthony Date: Law Offices of Saidis Sullivan & Rogers 26 Wesc High Screec Carlisle, PA 17013 PATRICIA A. ANTHONY, Plaintiff/Petitioner V. RONALD D. ANTHONY, Defendant/ Respondent CERTIFICATE OF SERVICE On this ? day of December, 2012, I, Marylou Matas, Esquire, of the law firm of SAIDIS, SULLIVAN & ROGERS hereby certify that on this date a copy of the attached document was served on the following individual, via email and first class mail postage prepaid, addressed as follows: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6602 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 Ronald Anthony ranthonvna.fa.ci litvicenterchina.com ron.anthony cbre.com.cn SAIDIS, SULLIVAN & ROGERS Law Offices of Saidis f V I CVwtlLI1- k" I Vf a . MaryldrrM a' Esquire Supreme Court ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 .,... __-a__- 2G West High Street Carlisle, PA 17013 i J PATRICIA A. ANTHONY'/ IN THE COURT OF COMMON PLEAS OF. Plaintiff CUMBERLAN COUNTY, PENNSYLVANIA:. V. ,'CIVtt ACTION' - L1?W RONALD D. ANTHONY, Defendant'' NO. 2009-660.2` CIVIL TERM ' IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 1st day of November, 2012, the Plaintiff having been represented by Marylou. Matas, Esquire, and the Defendant.•havimq been represented by Michael A. Scherer, Esquire, and counsel for the Defendant having moved to withdraw as counsel and such motion having been denied by this Court, and the Defendant having failed to appear at the hearing in this matter and having failed to file any petitions for -substitute'counsel, and it being represented to. the Court by Michael:A:"Scheret, Esquire, that the Defendant received notice of-£h s heariiig-an.*,did not wish to appear at this hearing, it is hereby •ordered. that, the petition for enforcement of the marital settlement agreements issued to date is granted as follows: pursuant to an agreement of the parties as to the amount of money that will be paid, the Defendant is hereby ordered to pay the amount of $28,750, representing $25,000 in equitable distribution-, plus $3,750-in outstanding legal fees,- to the Petitioner on or before the close of business on November 23, 2012. By the Court, o - i rn Co o t } ter- _c . .a.r; Christhrlee L; Peck, J. $ O-7j _C °R TRUE COPY Ftp -? rv . • xr In Testl M RECORD monY whereof, I here a unto set m nd the seal of'sald Court at Y hand This Carlisle Pa , . ay of?, 20 a Prothonotary Marylou Matas, Esquire 26 West High Street Carlisle, PA 17013 For the Plaintiff Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 1713 For the Defendant pcb IN RE: ESTATE OF IN THE COURT OF COMMONPLEAS OF NANCY T. ANTHONY CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-11-1385 ORPHANS' COURT IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 13'' day of December, 2012, upon consideration of the Petition for Special Relief, a Rule is hereby issued upon all interested parties to show cause why the relief requested should not be granted. RULE RETURNABLE within 30 days of service. BY THE COURT, Christyle4.. Peck, J. Marylou Matas, Esq. ?,,b?West High Street /Carlisle, PA 17013 Attorney for Petitioner Michael Scherer, Esq. 19 West South Street Carlisle, PA 17013 Attorney for Ronald Anthony Robert G. Frey, Esq. 5 South Hanover Street Carlisle, PA 17013 Attorney for the Estate of Nancy T, Anthony c o rn M C) :rc rn=c, ? rr-J rn > Cl? c? t? A TRUE COPY FROM RECORD . ;K c p rn 'Y 71 in Testimony wherof, I hereunto a " cl?i set my hand and the seal of said Court. at Carlisle, PA _c is day of ^0„? `n Cied of to orphans Court Cumberland County PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RONALD D. ANTHONY, Defendant NO. 09-6602 CIVIL TERM ODER OF COURT AND NOW, this 19'h day of February, 2013, upon consideration of Defendant's answer to the Rule issued on him regarding Plaintiff's Petition for Contempt, wherein Defendant's counsel requests to withdraw as counsel for Defendant, and upon further consideration of Plaintiff's concurrence thereto, and no objection thereto having been filed by Defendant, Attorney Michael Scherer is granted leave to withdraw as counsel for the Defendant. BY THE COURT, Christylpk L. Peck, J.' - Marylou Matas, Esq. 26 West High Street _ Carlisle, PA 17013 CD Attorney for Plaintiff Vj. Ronald Anthony No. 17 Hua Ting Road Building 2, Apartment 201 Zu Hui District, Shanghai 200031 Defendant Michael Scherer, Esq. 19 West South Street Carlisle, PA 17013 :rc /"/ Z?113 lllt