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HomeMy WebLinkAbout01-7093REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff WILLIAM C. PHILLIPS MICHELE A. PHILLIPS, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. -9o0- CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff WILLIAM C. PHILLIPS Vo MICHELE A. PHILLIPS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW : IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las pfiginas siguientes, debar tomar acci6n con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede set emitado en su contra pot la Corte. Una decisi6n puede tambifn ser emitida en su contra pot caulquier otra queja o compensaction reclamados pot el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales estfi disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff WILLIAM C. PHILLIPS Vo MICHELE A. PHILLIPS, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O/- CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE 1. Plaintiff is WILLIAM C. PHILLIIPS, an adult individual who currently resides at 131 Andrew Court, Carlisle, Cumberland County, Pennsylvania, 2. Defendant is MICHELE A. PHILLIPS, an adult individual who currently resides at 59 North Mountain Road, Newville, Cumberland County, Pennsylvania 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 9, 1987, in New Kingstown, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties.. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are two (2) children of this marriage under the age of eighteen years, namely: Stephanie Ann Phillips, date of birth 2/7/91 Ryan William Phillips, date of birth 11/24/96 8. The marriage is irretrievably broken. 9. Plaintiffhas been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. Respectfully Submitted, REAGER & ADLER, PC Date: /~,,~11~[~ By: A~m/e ~. NISON CANTOR, ESQUIRE o. 66378 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Plaintiff VERIFICATION I, WILLIAM C. PHILLIPS, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: WILLIAM C. PHILIPS REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff WILLIAM C. PHILLIPS MICHELE A. PHILLIPS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7093 - Civil Term CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, Debra Denison Cantor, Esquire ofREAGER & ADLER, P.C. do hereby certify that I served a certified copy of the Divorce Complaint on the Defendant Michele A. Phillips, by Certified Mail, on the 22nd day of December, 2001, as is evidenced by the signature of the Defendant on the Return Receipt card attached hereto as Exhibit A. Said Complaint in Divorce was mailed to Defendant by depositing a true and exact copy thereof in the United States mail, first class, Certified Mail, Return Receipt Requested postage prepaid, addressed as follows: REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff WILLIAM C. PHILLIPS MICHELE A. PHILLIPS, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7093 - Civil Term CIVIL ACTION - LAW 1N DIVORCE Michele Phillips 59 North Mountain Road Newville, PA 17241 Date: ~'~]~ A'N'I~,~Esquire REAGER & ADLER, P.C. 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 SUBSCRIBED AND SWORN TO BEFORE ME this c~q-¢'~ day of~ec~- NOTARY PUBLIC ,2001. Notarial Seal Michelle M. Lauver Notaty Public Camp Hill Bom, Cumber and County My commiss on Expires July I I, 200S Member, Penrtsvlvania Association of Notarfes · Complete ~ 1, 2, a~d~3. Alee complete item 4 if Re~tflctecl DMIve~ M dealred. · Print your name and addreM on the reveme so that we can retum tile c, ard to you. · Attach thLs carcl to the back of the maJlplecie, or on the front if apace penn~. 2. Article Number (Copy from ,~ ,~,~ .~lb~ t frolllltem 17 EX]{IBIT WILLIAM C. PHILLIPS, PLAINTIFF MICHELE A. PHIl,LIPS, DEFENDANT : IN THF~ COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-7093 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please emer my appearance as counsel of record, for the Defendant, Michele A. Phillips, in the above-captioned matter. I¢...-bVOl Date Respectfully submitted, DALEY LAW OFFICES Tara ATfioyanowskiiJEsquire Attorney No. 68736 1029 Scenery Drive Harrisburg, PA 17110 (717) 657-4795 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff WILLIAM C. PHILLIPS MICHELE A. PHILLIPS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-7093 CIVIL TERM : : CIVIL ACTION - LAW : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 18, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~/q,,3 bIL ~ - WILLIAM C I/I-IILLIPS REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff WILLIAM C. PHILLIPS MICHELE A. PHILLIPS, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7093 CIVIL TERM : : CIVIL ACTION - LAW : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: ~//~/~'~ ~{~-~.-~ O_~'~'~j~ I, VILLIAM C. P~ILLIPS REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff WILLIAM C. PHILLIPS Vo MICHELE A. PHILLIPS, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7093 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 18, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: WILLIAM C. I/HILLIPS REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff WILLIAM C. PHILLIPS MICHELE A. PHILLIPS, Plaintiff : : Defendant : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7093 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand Date: that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. - WILLIAM C. PItIILLIPS WILLIAM C. PHIl.LIPS, PLAINTIFF MICHELE A. PHILLIPS, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-7093 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 18,2001. 2. A Complaint in Divorce under {}3301 (c) of the Divorce Code was filed on December The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice ofimention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date: May 9, 2002 '~le A. Phillips, Defendant S u yNo. WILLIAM C. PHIIJJPS, PLAINTIFF Ye MICHELE A. PBILLIPS, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-709:5 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately aider it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Dme: May 9, 2002 WILLIAM C. PHILLIPS MICHELE A. PHILLIPS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-7093 CIVIL TERM Defendant : CIVIL ACTION - LAW : : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on the 22~d day of December 2001, by certified mail, return receipt requested, receipt number 7111 1746 2101 5000 0096. 3. Date of execution of the Affidavit of Consent required by § 3301 (c) of the Divorce Code: by William C. Phillips, Plaintiff, on April 4, 2002; by Michele A. Phillips, Defendant, on May 9, 2002. 4. Related claims pending: Settled by Marital Settlement Agreement dated June 25, 2001 and Addendum to Marital Settlement Agreement dated May 8, 2002. o Prothonotary: Prothonotary: Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the April 4, 2002 Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the May 24, 2002 Date: ~2t~/~) ~~' Respectfully submitted, R_EAGER & ADLER, PC By: iD~antor, Esquire 2331 Market Street Camp Hill, PA 17011 717-763-1383 Attorneys for Plaintiff In the Court of Common Pleas, Cumberland County, State of Pennsylvania In re: The Marriage of.' William Charles Phillips Plaintiff and Michele Ann Phillips Defendant And in the interest off William Charles Phillips Michele Ann Phillips ) ) ) ) ) ) ) ) ) ) and ) ) ) Case #: MARITAL SETTLEMENT AGREEMENT This is an Agreement made the 25th day of June, 2001 by and between William Charles Phillips, who lives at 131 Andrew Ct., in the City of Carlisle, County of Cumberland, State of Pennsylvania; hereinafter referred to as "Husband", and Michele Ann Phillips who lives at 59 North Mountain Rd, in the Town of Newville, County of Cumberland, State of Pennsylvania; hereinafter referred to as "Wife". WITNESSETH WHEREAS, Husband and Wife were married on May 9th ,1987 at the Trinity United Methodist Church of New Kingstown, County of Cumberland, State of Pennsylvania; and WHEREAS, the parties have two (2) minor children, to wit: Stephanie Ann Phillips, Social Security No 191-72-6782, date of birth February 7th, 1991; Ryan William Phillips, Social Security No. 197-76-7934, date of birth November 24, 1996; and WHEREAS, we both agree, after (16) marriage counseling sessions over a period of (6) months, our marriage is irretrievably broken and that there is no possible chance for reconciliation; and WHEREAS, we both desire to settle by agreement all of our martial affairs, including the division of all of our property and bills, spousal support or maintenance, and all issues relating to our children, including custody, visitation, and child support; NOW THEREFORE, in consideration of our mutual promises, and other good and valuable consideration, we agree as follows: 1) SEPARATION - It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may live from time to time choose or deem fit. The foregoing provisions shall not be taken as admission on part of either party of the lawfulness or unlawfiflness of the causes leading to their living apart. 2) INTERFERENCE - Each party shall be free from interference, authority, and contact by the other; as fully as if he or she were single and unmarried except as may be necessary to carry out provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understand and agree that neither shall do or say anything to the children of the parties at anytime which might in any way influence the children adversely against the other party. 3) WIFE'S DEBTS - Wife represents and warrants to the Husband that since the date of this Agreement, she has not, and in the future she will not, contract or incur any debt or liability for which the Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4) HUSBAND DEBTS - Husband represents and warrants to the Wife that since the date of this Agreement, he has not, and in the future he will not, contract or incur any debt or liability for which the Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5) OUTSTANDING JOINT DEBTS - We agree any joint debt not l~pecifically addressed in this Agreement shall be the responsibility of the party who incurred the debt. We agree that the Wife shall pay and indemnify and hold the Husband harmless from the following debt: Auto loan currently held with Members First Credit Union, Account Number 40006:05, on the 1999 Dodge Caravan VIN Number: 1B4GP54R3XB631644, PA License: CBP6316. We agree that the Husband shall pay and indemnify and hold the Wife harmless fxom the following debt: Auto loan currently held with PSECU, Account Number 0167404752-11, on the 1997 ISUZU RODEO VIN Number:4S2CM58VXV4301782, PA License: BGT1196. 6) DIVISION OF PERSONAL PROPERTY - The parties have divided between them to their mutual satisfaction personal effects, household furniture and furnishings and other articles of personal property which now have hereto been used by them in common, and neither party will make any claim to any such items which are now in the possession or control of the other. In addition to personal property now in the control of the parties, the parties hereby divide other personal property including but not limited to household goods and furnishings, personal property including but not limited to household goods and furnishings, personal effects and other items formerly used by them in common as follows: a) Wife shall become the sole owner and Husband shall waive any claim to: i) All stocks, bonds, bank accounts, investment accounts, certificates of deposit, mutual funds, investment plans, pension plans or the like titled solely in Wife's name regardless of whether it was so titled before or during the marriage or after the time of separation. ii)"50% equal distribution" of all bank accounts and certificates of deposit so titled before or during the marriage. b) Husband shall become the sole owner and Wife shall waive any claim to: i) All stocks, bonds, bank accounts, investment accounts, certificates of deposit, mutual funds, investment plans, pension plans or the like titled solely in Husband's name regardless of whether it was so titled before or during the marriage or after the time of separation. ii) "50% equal distribution" of all bank accounts and certificates of deposit so titled before or during the marriage. 7) DIVISION OF REAL PROPERTY - The parties hereby agree that the marital residence at 59 North Mountain Rd, Newville, Cumberland County, Pennsylvania 17241 will remain the Wife's primary residence until on or about July 1st 2002 at which time the property will be purchased by Husband or by Wife for fair market value and the equity in the home divided equally or put up for sale to be sold to another party and the equity f~om the sale of the home be divided equally between the Husband and Wife. 8) ALIMONY~ ALIMONY PENDENTE LITE AND COUNSEL FEES - a) Wife agrees that she shall not make any claim against Husband for spousal support, alimony, alimony pendente lite or counsel fees on her own behalf and waives all rights to assert such claims after the date of this Agreement. Husband agrees that he shall not make any claim against Wife for spousal support, alimony, alimony pendente lite or counsel fees on his own behalf and waives all rights to assert such claims after the date of this Agreement. b) Wife agrees to continue to provide Husband with Health America health insurance at a cost of $46.00 month. c) Husband agrees to continue to provide Wife with Delta Dental Health Insurance at no cost. d) Husband agrees to continue to provide Wife with AJILON's vision care at no cost. CUSTODY AND CHILD SUPPORT a) CUSTODY i) We both agree that it is in the best interests of our children that we both have joint legal and physical custody of our children. We also agree that the actual physical residence of our children will change periodically as to best suit the needs of the children at any given time. ii) All decisions pertaining to the place of residence, discipline, education, health, extracurricular and summer activities, vacations, religious training, medical and dental care, and welfare of our children will decided by both of us after reasonable and adequate discussion. We also agree that the parent with physical custody shall have control over minor day-to-day decisions affecting the child, including any medical or dental emergencies. We agree if, after reasonable attempts, we are unable to reach an agreement on any of the decisions affecting our children, we jointly seek professional mediation to resolve our differences. iii) We also agree that each of us has the right to know of any circumstances or decisions that affect our children and that each of us has the right to any medical, dental, or school records of our children. Neither of us will do anything to hamper or interfere with the natural and continuing relationship between our children and the other parent. iv) We both agree that our Children will be known by the last name of Phillips. v) We both agree that frequent and continuing contact with both parents is vital to our children, and therefore we both agree that neither of us will permanently remove our children from the state of Pennsylvania, the county of Cumberland, and the school district of Cumberland County, without express written permission of the other parent. vi) We both realize that the well-being of our children is of paramount importance and, therefore, we agree that our children should have as much contact as possible with the parent that does not have physical custody for a given time frame and that our children may visit that parent as often as may be agreed upon. (1) Although contact may be scheduled more often, the parent that does not have physical custody for a given alternating week will have the right to be with our children at least as follows: (a) On Wednesday evening from 05:30 PM until the children's bedtime unless otherwise mutually agreed between the parties. (2) Holidays with date and times shall be mutually agreed upon between the parties. vii) We additionally agree to use our very best efforts to insure that our children receive the most care, love, and affection possible from both parents throughout their entire childhood. b) SUPPORT i) We both agree that the Husband will pay to the Wife, for child support, the amount of $750.00 per child per month, for a total monthly payment of $1500.00. The payments will begin 30th day July, 2001 and will continue for each child until that child has reached the age of 18, died, become self- supporting, or married. We both agree that this obligation is subject to modification by a court at any time. ii) We agree that the required child support payments should be made directly to the parent to whom they are due and should not be required to be paid through any court or state agency or official. The parent receiving the payments, however, does not waive the right to request, at any time and in his or her sole discretion, that such payments be made directly through a court or state agency or official in the future. We both further agree that we will cooperate in obtaining any necessary income withholding orders or income assignments if required to guarantee this obligation. iii) As additional child support, we both agree that as long as support payments are due the Husband will carry and maintain life insurance in the minimum amount of $200,000, naming the Wife as sole irrevocable beneficiary. The Husband will provide the Wife with annual proof of such coverage. iv) As additional child support, we both agree that as long as support payments are due the Wife will carry and maintain life insurance in the minimum amount of $200,000, naming the Husband as sole irrevocable beneficiary. The Wife will provide the Husband with annual proof of such coverage v) As additional child support, we both agree that as long as support payments are due the Wife will carry and maintain adequate health and hospitalization insurance for the children's benefit. The Wife will pay the first $250.00 of the yearly required deductibles per child. The Husband will share all subsequem required deductibles after the first $250.00 per child required by payment of the Wife based on the percentage of income. The parent obligated to provide such insurance will provide the other parent with annual proof of such coverage. vi) As additional child support, we both agree that as long as support payments are due the Husband will carry and maintain adequate Dental and Vision insurance for the Children's benefit. The Husband will pay the first $250.00 of the yearly required deductibles per child. The Wife will share all subsequent required deductibles after the first $250.00 per child required by paymem of the Wife based on the percentage of income. The parem obligated to provide such insurance will provide the other parent with annual proof of such coverage vii) We agree the Wife may claim the federal dependency tax exemption for Stephanie Ann Phillips and the Husband may claim the federal dependency tax exemption for Ryan William Phillips. 10) AGREEMENT - We both desire that, in the event of divorce or dissolution of marriage, this martial settlement agreement be approved and merged and incorporated into any subsequent decree or judgement for divorce or dissolution of marriage and that, by the terms of the judgement or decree, we both be ordered to comply with the terms of this agreement, but that this agreement shall survive. We have prepared this agreement cooperatively and each of us has fully and honestly disclosed to the other the extent or our assets, income, and financial situation. We have each completed Financial Statements which are attached and incorporated by reference. We each understand that we have the right to representation by independent counsel. We each fully understand our rights and we each consider the temis of this agreement to be fair and reasonable. Both of us agree to execute and deliver any documents, make any endorsements, and do any and all acts that may be necessary or convenient to carry out all of the terms of this agreement. We agree that this document is intended to be the full and entire settlement and agreement between us regarding our marital rights and obligations and that this agreement should be interpreted and governed by the laws of the State of Pennsylvania. 10 We also agree that every provision of this agreemem is expressly made binding upon the heirs, assigns, executors, administrators, successors in interest, and representatives of each of us. 11) BREACH - If either party breaches any provision of this Agreemem, the other party shall have the right, at the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement, or seek such other remedies or relief as may be available to him or to her. 11 Signed and dated this ay of -~J ~_ ,2001. (Si~a~ure ot ~i.fe) '~ /2 · (gignature of Husbahd) -~' (Signature of Wimess) State of Pennsylvania County of Cumberland SS. Onthis (-~7/0~ayof ~-~/tJC'~ ,2001, William Charles Phillips andMiehele Ann Phillips personally came before me and, being duly sworn, did state that they are the persons described in the above document and that they signed the above document in my presence as a free and voluntary act for the purposes stated. (Signature of Notmy Public) Notary Public, for Countyl of Cur/~cr!a.-.A NOTARIAL 8EAL · MICHAF. I. fl. CA~I, Nolary Public State of Pennsylvama I r,_~,Hill Bore Cum~erl~d ~ · · ~ounly My Commission Expires I ~'Y'~'0~ml~i0n E~lr~ ~ 15, 2002 12 ADDENDUM TO MARRIAGE SETTLEMENT AGREEMENT BETWEEN WILLIAM CHARLES PHILLIPS AND MICHELE ANN PHILLIPS Debra Denison Cantor, Esquire Counsel for Husband Cara A. Boyanowski, Esquire Counsel for Wife TABLE OF CONTENTS SECTION I: Introduction SECTION H: General Provisions SECTION III: Custody SECTION IV: Property Distribution Provisions SECTION V: Closing Provisions and Execution 7 SECTION I INTRODUCTION THIS AGREEMF~NT made this ~ dayof ~-~A2~ . ,2002, by and between WILLIAM CHARLES PHILLIPS ("Husband") and MICHI~E ANN PHILLIPS ("Wife"). W1TNESSETH: WHEREAS, W'dliam Charles phillips, Social Security Number t68-60-6596, was bom on November 23, 1962, and currently resides at 131 Andrew Court, Carlisle, Cumberland County, Pennsylvania 17013. WHI~REAS, Michele Ann Phillips, Social SecmityNumber 167-40-4752, was bom on April 6, 1961, and currently resides at 59 N. Mountain Road, Newville, Cumberland Corox[y, Pennsylvania 17241. WHEREAS, the parties hereto are Husband and Wife, having been married on May 9, 1987 in New Kingstown, Cumberland County, Pennsylvania. The parties separated on June 28, 2001, and have lived separate and apart since that time; WHEREAS, the parties are the parents of two minor children, namely, Stephanie Phillips, born February 7, 1991, and Ryan Phillips, born November 24, 1996. WI~E~REAS, it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, to obtain a final divorce, and to settle fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the equitable dish ibution of such property; the settling of all matters between them relating to the past, present and future support and/or mainte~a~nce of ~r~'e by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one asalnst the other or against their respective estates. NOW, THEREFORE, in consideration of the mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agree as follows: SECTION Il GENERAL PROVISIONS 1. PRIOR AGREEMENT The parties agree that the provisions contained in the Marriage Settlement Agreement between William Charles Phillips and Michele Ann Phillips, dated Jtme 27, 2001, which set forth a distribution of the parties' real and personal property, custody rights, and child support obligations, sh~!l remain in full force and effect. A copy of the Marriage Settlement Agreement, dated June 27, 2001, is attached hereto as Exhibit "A." 2. SETTLEMENT OF ALI, CLAI~ The parties agree and acknowledge that all claims or any nature including claims t'or the division o£property and counsel tees and costs, are withdrawn and settled by this agreement. SECTION m CUSTODY 3. SCHOOL DISTRICT CHANGE The parties agree that their children, Stephanie Phillips and Ryan Phillips, shall be enrolled in the Cumberland Valley School District, beginning the 2002-2003 schoolyear. Both parties agree that they have thoroughly discussed this issue and agree that the enrollment of the children into this school district is in each child's best interest. W'~fe acknowledges that Husband's physical custody rights will not be challenged because he lives outside of the Cumberland Valley School District. SECTION IV PROPERTY DISTRmUTION A. ~ - The parties acknowledge that they are the owners, as tenants by the entireties, of certain real property known as 59 North Mountain Road, Newville, Cumberland County, Pennsylvania 17241 (herein~er referred to as "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (1) Husband agrees that within thirty (30) days following the date of execution of this Agreement, he will exercise all reasonable diligence to refinance the existing mortgage on the marital residence. (2) Simultaneous with the refinancing of the marital residence, Wife shah execute all documents necessary, including a deed, to transfer all of her right, title and interest in the Marital Residence to Husband. Thereafter, Husband shall be the sole and separate owner of the Marital Residence. O) Wife agrees that simultaneous with the refinancing of tho marital residence, any and all title policies and any other policy of insurance with respect to the Marital Residence shall be endorsed to reflect Husband as sole owner thereof and further agrees that Husband shall be entitled to receive any payments thereafter due under any such insurance policies. (4) Except as otherwise provided herein, simultaneous with the refinancing of the marital residence, Husband shall be solely responsible for all costs, expenses and liabilities associated with or a~hibutable to the Marital Residence regardless of .when the same shall have been incurred including, but not limited to, mortgage, taxes, insurance premiums and maintenance and Husband shall keep Wife and her property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in said property. (5) Husband shall pay to Wife the sum of Fifty-Five Thousand ($ 55,000.00) Dollars, which represents her one-half share in the equity of the Marital Residence. Said payment to be made to Wife from the proceeds of the refinance. (6) In the event Husband does not qualify for a new mortgage, Husband agrees to list the marital residence for sale. The parties agree that Wife shall not be held responsible for any costs, repairs, or sale deficiencies, associated with the sale of the marital residence. 5. RENTAL OF MARITAL RESIDENCE The parties agree t.hat Wife may. remain in the Marital Residence until July 1, 2002. By agreement between the pames, during Wife's occupancy in the Marital Residence, Defendant agrees to refrain from entering or attempting to enter the residential dwelling, located at 59 North Mountain Road, Ne .wville, P.ennsylvania. Wife agrees that Husband may enter into the garage and onto the yard of the Marital Residence for the sole purpose of yard and garden maintenance during her occupancy of the Marital Residence. On July 1, 2002, W'te agrees to remove herself and her personal belongings, household goods, and furnishings from the Marital Residence, at which time, Husband shall assume actual possession of the Marital Residence. -o ............ ~,~,~,~,~, w~m agrees to payto Husband the sum of One Thousand One Hundred Eighty-Four Dollars ($1,184.00) per month, which represents the current monthly mortgage payment, in fair market rental value for the Marital Residence. Wife shall pay rent to Husband for so long as she continues to reside in the Marital Residence. The parties agree to engage in two separate inspections of the Martial Residence. The first inspection of the Marital Residence shall take place upon the date of execution of this Agreement and the second inspection shah take place upon the date in which Wife terminates her occupancy in the Marital Residence. Both parties shall be present during these inspections. The cost of repair for any damage caused by Wife's occupancy of the Marital Residence or Wife's removal from the Marital Residence, excluding normal wear and tear, shah be the sole and separate responsibility of Wife. 6. DISNEY STOCK/PEANUTS PICTURF. The parties agree that they are the owners of several shares of Disney stock and a Peanuts cartoon picture. Furthermore, the parties agree that these items shall be transferred to the children and shah become the sole and separate property of the children. SECTION V CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. WITNESS WILLIAM CHARLES l~/-rff.LIPS CHELE ANN DATE IN THE COURT OF COMMON PLEAS William C. Phillips VErsus Michele A. Phillips OF CUMBERLAND COUNTY STATE Of ~.,~. PENNA. 01-7093 NO. DecreE IN DIVORCE DECREED THAT William C. Phillips Michele A. Phillips AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. ~IS ORDERED AND ,PLAINTIFF, ,DEFENDANT, the COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORi~ ]i~.T~S ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; The terms of the parties' Marital Settlement Agreement dated June 25, 2001 and the Addendum to the Marital Settlement Agreement dated May 8, 2002 attached hereto are incorporated herein but not merged he By ThE ATTEST: j. ~ ' ~/PROTH( :)NOTARY WILLIAM C. PHILLIPS Vo MICHELE A. PHILLIPS, Plaintiff · Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANiA NO. 01-7093 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION TO MODIFY SUPPORT PROVISIONS IN MARITAL SETTLEMENT AGREEMENT AND NOW comes Plaintiff William C. Phillips, by and through his attorneys REAGER & ADLER, PC, and petitions this Court to modify support as outlined in the parties' Marital Settlement Agreement as follows: 1. The parties hereto were husband and wife, having been married May 9, 1987. 2. A Complaint in Divorce was filed on December 1~8, 2001. 3. The parties executed a Marital Settlement Agreement on June 25, 2001, wherein they resolved all financial issues related to the divorce. On May 8, 2002, the parties executed an addendum to the Marital Settlement Agreement. 5. 6. A divorce was entered on May 29, 2002. Pursuant to the terms of the Marital Settlement Agreement, the parties entered an agreement for child support payable in the amount of $1,500 per month. 7. Said payments were made directly to wife. 8. Pursuant to the terms of the Marital Settlement Agreement, in Paragraph 9(B)(i), this obligation is subject to modification by a Court at any time. The Marital Settlement Agreement is attached hereto as Exhibit A. 9. The circumstances surrounding Petitioner's employment have changed. Petitioner's employer has lost several large clients, and as such, Plaintiffhas seen a significant decrease in his income which is largely based on comissions. 10. Petitioner attempted to negotiate a reduction in his child support based on this reduction in income. Defendant has declined to accept this reduction. 11. Pursuant to the terms of the Marital Settlement Agreement, either party can seek modification of this support obligation with the Court for any reason. 12. Petitioner believes this request for review should be heard by the Domestic Relations Office, but as obligee under the Marital Settlement Agreement, is not in a position to file directly with the Domestic Relations Office. THEREFORE, Plaintiff requests this Honorable Court to modify the support outlined in the Marital Settlement Agreement, and to refer this matter for a conference at the Domestic Relations Office. Respectfully submitted, REAGER & ADLER, PC 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff In the Court of Common Pleas, Cumberland County, State of Pennsylvania In re: The Marriage of: ) ) William Charles Phillips ) ) Plaintiff ) ) and ) Michele Ann Phillips ) ) ) Defendant ) , ) ) And in the interest off ) ) William Charles Phillips and ) ) Michele Ann Phillips ) Case #: --4' t" ') MARITAL SETTLEMENT AGREEMENT This is an Agreemem made the 25th day of June, 2001 by and between William Charles Phillips, who lives at 131 Andrew Ct.', in the City of Carlisle, County of Cumberland, State of Pennsylvania; hereinafter referred to as "Husband", and Michele Ann Phillips who lives at 59 North Mountain Rd, in the Town of Newv/.lle, County of Cumberland, State of Pennsylvania; hereinafter referred to as "Wife". WITNESSETH 2) WHEREAS, Husband and Wife were married on May 9th ,1987 at the Trinity United Methodist Church of New Kingstown, County of Cumberland, State of Pennsylvania; and WHEREAS, the parties have two (2) minor children, to wit: Stephanie Ann Phillips, Social Security No 191-72-6782, date of birth February 7th, 1991; Ryan William Phillips, Social Security No. 197-76-7934, date of birth November 24, 1996; and WHEREAS, we both agree, after (16) marriage cotmseling sessions over a period of(6) months, our marriage is irretrievably broken and that there is no possible chance for reconciliation; and WHEREAS, we both desire to settle by agreemem 'all of our martial affairs, including the division of all of our property and bills, spousal support or maintenance, and all issues relating to our children, including custody, visitation, and child support; NOW THEREFORE, in consideration of our mutual, promises, and other good and valuable consideration, we agree as follows: 1) SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart fi:om the other party at such place as he or she may live fi:om time to time choose or deem fit. The foregoing provisions shall not be taken as admission on part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. _INTERFERENCE _ Each party shall be fi:ce fi:om interference, authority, and comact by the other; as fully as if he or she were single and unmarried except as may 3) 4) 5) be necessary to carry out provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any Way interfere with the peaceful existence, separate and apart ~om the other, and each of the parties hereto completely understand and agree that neither shall do or say anything to the children of the parties at anytime which might in any way influence the children adversely against the other party. WIFE'S DEBTS - Wife represents and warrants to the Husband that since the date of this Agreement, she has not, and in the future she will not, contract or incur any debt or liability for which the Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND DEBTS - Husband represents and warrants to the Wife that since the date of this Agreement, he has not, and in the future he will not, contract or incur any debt or liability for which the Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. OUTSTANDING JOINT DEBTS - We agree any joint debt not ~pecifically addressed in this Agreement shall be the responsibility of the party who incurred the debt. We agree that the Wife shall pay and indemnify and hold the Husband harmless from the following debt: Auto loan currently held with Members First Credit Union, Account Number 40006:05, on the 1999 Dodge Caravan VIN Number:lB4GP54R3XB631644, PA License: CBP6316. We agree that the Husband shall pay and indemnify and hold the Wife harmless ~om the following debt: Auto loan currently held with PSECU, Account Number 0167404752-11, on the 1997 ISUZU RODEO VIN Number:4S2CM58VXV4301782, PA License: BGT1196. 6) DIVISION OF PERSONAL PROPERTY - The parties have divided between them to their mutual satisfaction personal effects, household furniture and furnishings and other articles of personal property which now have hereto been used by them in common, and neither party will make any claim to any such items which are now in the possession or control of the other. In addition to personal property now in the control of the parties, the parties hereby divide other personal property including but not limited to household goods and furnishings, personal property including but not limited to household goods and furnishings, personal effects and other items formerly used by them in common as follows: a) Wife shall become the sole owner and Husband shall waive any claim to: i) All stocks, bonds, bank accounts, investment accounts, certificates of deposit, mutual ftmds, investment plans, pension plans or the like titled solely 7) 8) in Wife's name regardless of whether it was so titled before or during the marriage or after the time of separation. ii) "50% equal distribution" of all bank accounts and certificates of deposit so titled before or during the marriage. b) Husband shall become the sole owner and Wife shall waive any claim to: i) All stocks, bonds, bank accounts, investment accounts, certificates of deposit, mutual funds, investment plans, pension plans or the like titled solely in Husband's name regardless of whether it was so titled before or during the marriage or after the time of separation. ii) "50% equal distribution" of all bank accounts and certificates of deposit so titled before or during the marriage. DIVISION OF REAL PROPERTY - The parties hereby agree that the marital residence at 59 North Mountain Rd, Newville, Cumberland County, Pennsylvania 17241 will remain the Wife's primary residence until on or about July 1~t 2002 at which time the property will be purchased by Husband or by Wife for fair market value and the equity in the home divided equally or put up for sale to be sold to another party and the equity from the sale of the home be divided equally between the Husband and Wife. ALIMONY~ ALIMONY PENDENTE LITE AND COUNSEL FEES - a) Wife agrees that she shall not make any claim against Husband for spousal support, alimony, alimony pendente lite or counsel fees on her own behalf and waives all rights to assert such claims after the date of this Agreemem. Husband agrees that he shall not make any claim against Wife for spousal support, 9) b) c) cost. CUSTODY AND CHILD SUPPORT alimony, alimony pendente lite or counsel fees on his own behalf and waives all rights to assert such claims after the date of this Agreement. Wife agrees to continue to provide HUsband with Health America health insurance at a cost of $46.00 month. Husband agrees to continue to provide Wife with Delta Dental Health Insurance at no cost. Husband agrees to continue to provide Wife with AJILON's vision care at no h) CUSTODY We both agree that it is in the best interests of our children that we both have joint legal and physical custody of our children. We also agree that the actual physical residence of our children will change periodically as to best suit the needs of the children at any given time. All decisions pertaining to the place of residence, discipline, education, health, extracurricular and summer activities, vacations, religious training, medical and dental care, and welfare of our children will decided by both of us after'reasonable and adequate discussion. We also agree that the parent with physical custody shall have control over minor day-to-day decisions affecting the child, including any medical or dental emergencies. We agree if, after reasonable attempts, we are unable to reach an agreement on any of the decisions affecting our children, we jointly seek professional mediation to resolve our differences. iii) We also agree that each of us has the right to know of any circumstances or decisions that affect our children and that each of us has the right to any medical, dental, or school records of our Children. Neither of us will do anything to hamper or interfere with the natural and continuing relationship between our children and the other parent. iv) We both agree that our Children will be known by the last name of Phillips. v) We both agree that frequent and continuing contact with both parents is vital to our children, and therefore we both agree that neither of us will permanently remove our children from the state of Pennsylvania, the county of Cumberland, and the school district of Cumberland County, without express written permission of the other parent. vi) We both realize that the well-being of our children is of paramount importance and, therefore, we agree that our children should have as much contact as possible with the parent that does not have physical custody for a given time frame and that our children may visit that parent as often as may be agreed upon. (1) Although contact may be scheduled more often, the parent that does not have physical custody for a given alternating week will have the right to be with our children at least as follows: (a) On Wednesday evening from 05:30 PM until the children's bedtime unless otherwise mutually agreed between the parties. b) (2) Holidays with date and times shall be mutually agreed upon between the parties. vii) We additionally agree to use our very best efforts to insure that our children receive the most care, love, and affection possible ~om both parents throughout their entire childhood. SUPPORT i) We both agree that the Husband will pay to the Wife, for child support, the amount of $750.00 per child per month, for a total monthly payment of $1500.00. The payments will begin 30th day July, 2001 and will continue for each child until that child has reached the age of 18, died, become self- supporting, or married. We both agree that this obligation is subject to modification by a court at any time. We agree that the required child support payments should be made directly to the parent to whom they are due and should not be required to be paid through any court or state agency or offcial. The parent receiving the payments, however, does not waive the fight to request, at any time and in his or her sole discretion, that such payments be made directly through a court or state agency or official in the future. We both .further agree that we will cooperate in obtaining any necessary income withholding orders or income assignments if required to guarantee this obligation. As additional child support, we both agree that as long as support payments are due the Husband will carry and maintain life insurance in the minimum amount of $200,000, naming the Wi~ as sole irrevocable beneficiary. The Husband will provide the Wife with annual proof of such coverage. iv) As additional child support, we both agree that as long as support payments are due the Wife will carry and maintain life insurance in the minimum amount of $200,000, naming the Husband as sole irrevocable beneficiary. The Wife will provide the Husband with annual proof of such coverage v) As additional child support, we both agree that as long as support payments are due the Wife will carry and maintain adequate health and hospitalization insurance for the children's benefit. The Wife will pay the first $250.00 of the yearly required deductibles per child. The Husband will share all subsequent required deductibles atter the first $250.00 per child required by payment of the Wife based on the percentage of income. The parent obligated to provide such insurance will provide the other parent with annual proof of such coverage. vi) As additional child support, we both agree that as long as support paymems are due the Husband will carry and maintain adequate Dental and Vision insurance for the Children's benefit. The Husband will pay the first $250.00 of the yearly required deductibles per child. The Wife will share all subsequent required deductibles after the first $250.00 per child required by payment of the Wife based on the percentage of income. The parent obligated to provide such insurance will provide the other parent with annual proof of such coverage vii) We agree the Wife may claim the federal dependency tax exemption for Stephanie Ann Phillips and the Husband may el.aim the federal dependency tax exemption for Ryan William Phillips. 10) AGREEMENT - We both desire that, in the event of divorce or dissolution of marriage, this martial settlement agreement be approved and merged and incorporated into any subsequent decree or judgement for divorce or dissolution of marriage and that, by the terms of the judgement or decree, we both 'be ordered to comply with the terms of this agreement, but that this agreement shall survive. We have prepared this agreement cooperatively and each of us has fully and honestly disclosed to the other the extent or our assets, income, and financial situation. We have each completed Financial Statements which are attached and incorporated by reference. We each understand that we have the right to representation by independent counsel. We each fully understand our rights and we each consider the terms of this agreement to be fair and reasonable. Both ofus agree to execute and deliver any documents, make any endorsements, and do any and all acts that may be necessary or COnvenient to carry out all of the terms of this agreement. We agree that this document is intended to be the full and entire settlement and agreement between us regarding our marital rights and obligations and that this agreement should be interpreted and governed by the laws of the State of Pennsylvania. 10 We also agree that every provision of this agreement is expressly made binding upon the heirs, assigns, executors, administrators, successors in interest, and representatives of each of us. 11) BREAClt - If either party breaches any provision of this Agreement, the other party shall have the right, at the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement, or seek such other remedies or relief as may be available to him or to her. 11 Signed and dated this 27 ay of -..J ~,~F__ ,2001. State of Pennsylvania County of Cumberland ) ). ) ) ) SS. On this r--~/2~ay of ~--~,~2f' ,2001, William Charles Phillips and Michele Ann Phillips personally came before me and, being duly swo:m, did state that they are the persons described in the above document and that they signed the above document in my presence as a free and voluntary act for the purposes stated. (Signature of Notary Public) Notary Public, for Countwof Cun:kc-'~ 'q M~ N~I:,~:~TAL SEAL · . CHAELR. CARANCI, Notary Public State of Pennsylvama I mm. Hill Boro Cumb~' · k~qU uounty I ~'~omml~lon F. xplre~ dune 15, 2002 My Coannission Expires ...... 12 VERIFICATION I, William C. Phillips, hereby verify and state that the thcts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. William C. Phillips CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a tree and correct copy of the foregoing Petition to Modify Support was served on the following individual via United States First Class Mail, postage prepaid as follows: Cara A. Boyanowski, Esquire Kathleen Daley Law Office 1020 Scenery Drive Harrisburg, PA 17109 Dated:~f~ 5r, Esquire 78 ~t Camp Hill, PA 17011 (717)730-7366 (:ID WILLIAM C. PHILLIPS Vo MICHELE A. PHILLIPS, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7093 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION TO MODIFY SUPPORT PROVISIONS IN MARITAL SETTLEMENT AGREEMENT AND NOW comes Plaintiff William C. Phillips, by and through his attorneys REAGER & ADLER, PC, and petitions this Court to modify support as outlined in the parties' Marital Settlement Agreement as follows: 1. The parties hereto were husband and wife, having been married May 9, 1987. 2. A Complaint in Divorce was filed on December 18, 2001. 3. The parties executed a Marital Settlement Agreement on June 25, 2001, wherein they resolved all financial issues related to the divorce. 4. On May 8, 2002, the parties executed an addendum to the Marital Settlement Agreement. 5. 6. A divorce was entered on May 29, 2002. Pursuant to the terms of the Marital Settlement Agreement, the parties entered an agreement for child support payable in the amount of $1,500 per month. 7. Said payments were made directly to wife. 8. Pursuant to the terms of the Marital Settlement Agreement, in Paragraph 9(B)(i), this obligation is subject to modification by a Court at any time. The Marital Settlement Agreement is attached hereto as Exhibit A. 9. The circumstances surrounding Petitioner's employment have changed. Petitioner's employer has lost several large clients, and as such, Plaintiff has seen a significant decrease in his income which is largely based on comissions. 10. Petitioner attempted to negotiate a reduction in his child support based on this reduction in income. Defendant has declined to accept this reduction. 11. Pursuant to the terms of the Marital Settlement Agreement, either party can seek modification of this support obligation with the Court for any reason. 12. Petitioner believes this request for review should be heard by the Domestic Relations Office, but as obligee under the Marital Settlement Agreement, is not in a position to file directly with the Domestic Relations Office. THEREFORE, Plaintiff requests this Honorable Court to modify the support outlined in the Marital Settlement Agreement, and to refer this matter for a conference at the Domestic Relations Office. Respectfully submitted, REAGER & ADLER, PC 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff In the Court of Common Pleas, Cumberland County, State of Pennsylvania In re: The Marriage of: ) ) William Charles Phillips ) ) Plaintiff ) ) and ) ) Michele Ann Phillips ) ) Defendant ) , ) ) And in the interest of: ) ) William Charles Phillips and ) ) Michele Ann Phillips ) Case #: MARITAL SETTLEMENT AGREEMENT This is an Agreement made the 25th day of June, 2001 by and between William Charles Phillips, who lives at 131 Andrew Ct.', in the City of Carlisle, County of Cumberland, State of Pennsylvania; hereinafter referred to as "Husband", and Michele Ann Phillips who lives at 59 North Mountain Rd, in the Town of Newville, County of Cumberland, State of Pennsylvania; hereinaiter referred to as "Wife". WITNESSETH 2) WHEREAS, Husband and Wife were married on May 9t~ ,1987 at the Trinity United Methodist Church of New Kingstown, County of Cumberland, State of Pennsylvania; and WHEREAS, the parties have two (2) minor children, to wit: Stephanie Ann Phillips, Social Security No 191-72-6782, date of birth February 7th, 1991; Ryan William Phillips, Social Security No. 197-76-7934, date of birth November 24, 1996; and WHEREAS, we both agree, after (16) marriage counseling sessions over a period of (6) months, our marriage is irretrievably broken and that there is no possible chance for reconciliation; and WffEREAS, we both desire to settle by agreemem all of our martial affairs, including the division of all of our property and bills, spousal support or maintenance, and all issues relating to our children, including custody, visitation, and child support; NOW THEREFORE, in consideration of our mutual promises, and other good and valuable consideration, we agree as follows: 1) SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart fi:om the other party at such place as he or she may live fi:om time to time choose or deem fit. The foregoing provisions shall not be taken as admission on part of either party of the lawfi~lness or unlawfulness of the causes leading to their living apart. INTERFERENCE _ Each party shall be l~ee fi:om interference, authority, and contact by the other; as fully as if he or she were single and unmarried except as may 3) 4) 5) be necessary to carry out provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any Way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understand and agree that neither shall do or say anything to the children of the parties at anytime which might in any way influence the children adversely against the other pa/ry. WIFE'S DEBTS - Wife represents and warrants to the Husband that since the date of this Agreement, she has not, and in the future she will not, contract or incur any debt or liability for which the Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND DEBTS - Husband represents and warrants to the Wife that since the date of this Agreement, he has not, and in the future he will not, contract or incur any debt or liability for which the Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. OUTSTANDING JOINT DEBTS - We agree any joint debt not ~pecifically addressed in this Agreement shall be the responsibility of the party who incurred the debt. We agree that the Wife shall pay and indemnify and hold the Husband harmless from the following debt: Auto loan currently held with Members First Credit Union, Account Number 40006:05, on the 1999 Dodge Caravan VIN Number:lB4GP54R3XB631644, PA License: CBP6316. We agree that the Husband shall pay and indemnify and hold the Wife harmless from the following debt: Auto loan currently held with PSECU, Account Number 0167404752-11, on the 1997 ISUZU RODEO VIN Number:4S2CM58VXV4301782, PA License: BGT1196. 6) DIVISION OF PERSONAL PROPERTY - The parties have divided between them to their mutual satisfaction personal effects, household furniture and furnishings and other articles of personal property which now have hereto been used by them in common, and neither party will make any claim to any such items which are now in the possession or control of the other. In addition to personal property now in the control of the parties, the parties hereby divide other personal property including but not limited to household goods and furnishings, personal property including but not limited to household goods and furnishings, personal effects and other items formerly used by them in common as follows: a) Wife shall become the sole owner and Husband shall waive any claim to: i) All stocks, bonds, bank accounts, investment accounts, certificates of deposit, mutual funds, investment plans, pension plans or the like titled solely 7) 8) in Wife's name regardless of whether it was so titled before or during the marriage or after the time of separation. ii) "50% equal distribution" of all bank accounts and certificates of deposit so titled before or during the marriage. b) Husband shall become the sole owner and Wife shall waive any claim to: i) All stocks, bonds, bank accounts, investment accounts, certificates of deposit, mutual funds, investment plans, pension plans or the like titled solely in Husband's name regardless of whether it was so titled before or during the m~iage or after the time of separatior~ ii) "50% equal distribution" of all bank accounts and certificates of deposit so titled before or during the marriage. DIVISION OF REAL PROPERTY - The parties hereby agree that the marital residence at 59 North Mountain Rd, Newville, Cumberland County, Pennsylvania 17241 will remain the Wife's primary residence until on or about July 1st 2002 at which time the property will be purchased by Husband or by Wife for fair market value and the equity in the home divided equally or put up for sale to be sold to another party and the equity bom the sale of the home be divided equally between the Husband and Wife. ALIMONY~ ALIMONY PENDENTE LITE AND COUNSEL FEES - Wife agrees that she shah not make any claim against Husband for spousal support, alimony, alimony pendente lite or counsel fees on her own behalf and waives all rights to assert such claims after the date of this Agreement. Husband agrees that he shall not make any claim against Wife for spousal support, alimony, alimony pendente lite or eotmsel fees on his own behalf and waives all rights to assert such claims after the date of this Agreement. b) Wife agrees to continue to provide HUSband with Health America health insurance at a cost of $46.00 month. c) Husband agrees to continue to provide Wife with Delta Dental Health Insurance at no cost. d) Husband agrees to continue to provide Wife with AJILON's vision care at no cost. 9) CUSTODY AND CHILD SUPPORT h) CUSTODY We both agree that it is in the best interests of our children that we both have joint legal and physical custody of our children. We also agree that the actual physical residence of our children will change periodically as to best suit the needs of the children at any given time. All decisions pertaining to the place of residence, discipline, education, health, extracurricular and summer activities, vacations, religioUS training, medical and dental care, and welfare of our children will decided by both of us after reasonable and adequate discussion. We also agree that the parent with physical custody shall have control over minor day-to-day decisions affecting the child, including any medical or dental emergencies. We agree if, after reasonable attempts, we are unable to reach an agreement on any of the decisions affecting our children, we jointly seek professional mediation to resolve our differences. iii) We also agree that each of us has the right to know of any circumstances or decisions that affect our children and that each of us has the right to any medical, dental, or school records of our Children. Neither of us will do anything to hamper or interfere with the natural and continuing relationship between our children and the other parent. iv) We both agree that our Children will be known by the last name of Phillips. v) We both agree that frequent and continuing contact with both parents is vital to our children, and therefore we both agree that neither ofus will permanently remove our children from the state of Pennsylvania, the county of Cumberland, and the school district of Cumberland County, without express written permission of the other parent. vi) We both realize that the well-being of our children is of paramount importance and, therefore, we agree that our children should have as much contact as possible with the parent that does not have physical custody for a given time frame and that our children may visit that parent as often as may be agreed upon. (1) Although contact may be scheduled more often, the parent that does not have physical custody for a given alternating week will have the right to be with our children at least as follows: (a) On Wednesday evening from 05:30 PM until the children's bedtime unless otherwise mutually agreed between the parties. 7 b) (2) Holidays with date and times shall be mutually agreed upon between the parties. vii) We additionally agree to use our very best efforts to insure that our children receive the most care, love, and affection possible from both parents throughout their entire childhood. SUPPORT i) We both agree that the Husband will pay to the Wife, for child support, the amount of $750.00 per child per month, for a total monthly payment of $1500.00. The payments will begin 30th day July, 2001 and will continue for each child until that child has reached the age of 18, died, become self- supporting, or married. We both agree that this obligation is subject to modification by a court at any time. ii) We agree that the required child support payments should be made directly to the parent to whom they are due and should not be required to be paid through any court or state agency or official. The parent receiving the payments, however, does not waive the right to request, at any time and in his or her sole discretion, that such payments be made directly through a court or state agency or official in the future. We both further agree that we will cooperate in obtaining any necessary income withholding orders or income assignments if required to guarantee this obligation. iii) As additional child support, we both agree that as long as support payments are due the Husband will carry and maintain life insurance in the minimum amount of $200,000, naming the Wife as sole irrevocable beneficiary. The Husband will provide the Wife with annual proof of such coverage. iv) As additional child support, we both agree that as long as support payments are due the Wife will carry and maintain life insurance in the minimum mount of $200,000, naming the Husband as sole irrevocable beneficiary. The Wife will provide the Husband with annual proof of such coverage v) As additional child support, we both agree that as long as support payments are due the Wife will carry and maintain adequate health and hospitalization insurance for the children's benefit. The Wife will pay the first $250.00 of the yearly required deductibles per child. The Husband will share all subsequent required deductibles after the first $250.00 per child required by payment of the Wife based on the percentage of income. The parent obligated to provide such insurance will provide the other parent with annual proof of such coverage. vi) As additional child support, we both agree that as long as support payments are due the Husband will carry and maintain adequate Dental and Vision insurance for the Children's benefit. The Husband will pay the first $250.00 of the yearly required deductibles per child. The Wife will share all subsequent required deductibles after the first $250.00 per child required by payment of the Wife based on the percentage of income. The parent obligated to provide such insurance will provide the other parent with annual proof of such coverage vii) We agree the Wife may claim the federal dependency tax exemption for Stephanie Ann Phillips and the Husband may claim the federal dependency tax exemption for Ryan William Phillips. 10) AGREEMENT - We both desire that, in the event of divorce or dissolution of marriage, this martial settlement agreement be approved and merged and incorporated into any subsequent decree or judgement for divorce or dissolution of marriage and that, by the terms of the judgement or decree, we both be ordered to comply with the terms of this agreement, but that this agreement shall survive. We have prepared this agreement cooperatively and each of us has fully and honestly disclosed to the other the extent or our assets, income, and financial situation. We have each completed Financial Statements which are attached and incorporated by reference. We each understand that we have the right to representation by independent counsel. We each fully understand our rights and we each consider the terms of this agreement to be fair and reasonable. Both of us agree to execute and deliver any documents, make any endorsements, and do any and all acts that may be necessary or COnvenient to carry out all ofthe terms ofthis agreement. We agree that this document is intended to be the full and entire settlement and agreement between us regarding our marital rights and obligations and that this agreement should be interpreted and governed by the laws of the State of Pennsylvania. 10 We also agree that every provision of this agreement is expressly made binding upon the heirs, assigns, executors, administrators, successors in interest, and representatives of each of us. 11) BREACH - If either party breaches any provision of this Agreement, the other party shall have the right, at the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement, or seek such other remedies or relief as may be available to him or to her. 11 Signed and dated this c~.__~7 y of_ ....J ,2001. (Signore o~d;~'7'-~~ (Sign~e of Wih~s) ' State of Pennsylvania County of Cumberland ) )~ ) ) ) SS. On this r-~ _ of ,-..f~/~2( ,2001, William Charles Philips and Michele Ann Phillips personally came befOre me and, being duly sworn, did state that they are the persons described in the above document and that they signed the above document in my presence as a free and voluntary act for the purposes stated. (Signature of Notary Public) Notary Public, for Countyvof Cuaip~¢~.-.d _ State of Pennsylvania I MICHAEL ~..~A~l,S~ff PubU0 / .c._~.iff.~.o. _ Cu~ Cour~ My Commission Expires E-My uommlsslon Explres June 15, 2002 12 VERIFICATION I, William C. Phillips, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. {}4904 relating to unsworn verification to authorities. William C. Phillips - / CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Petition to Modify Support was served on the following individual via United States First Class Mail, postage prepaid as follows: Cara A. Boyanowski, Esquire Kathleen Daley Law Office 1020 Scenery Drive Harrisburg, PA 17109 Dated.'~~ Attorney ID 2331 Market Camp Hill, PA 17011 (717)730-7366