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HomeMy WebLinkAbout12-07-12r ~ Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 IN THE COURT OF COMMON PLS ~~ :CUMBERLAND COUNTY, PENNS NIA ti ~ ~ IN RE: :ORPHANS' COURT DIVISION ~ ~ ~ c7 ,`U ESTATE OF NANCY T. ANTHONY ^~ ~ ~ m `' ~ ar r ~ rn ~ --~~ r~ x°n N0.21-11-1385 ~ ~-' ~ '~ ~ r~ a ° ~ o +~ -'~' - i 4 C =~ PETITION FOR SPECIAL RELIEF -,o -~-~ c`' ~ sue- '~'~ n cn cn o N ''i 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. Petitioner is Patricia A. Anthony, an adult individual currently residing at 304 Kay Road, Mechanicsburg, Pennsylvania. 2. Petitioner is the former spouse of Mr. Ronald D. Anthony, having been married on June 8,1996 and divorced on May 10, 2011. 3. Mr. Ronald Anthony is one of four (4) named beneficiaries in his mother, Nancy ~, T. Anthony's will. The will is attached and incorporated herein as Exhibit A. 4. Mr. Anthony currently resides in the People's Republic of China and maintains no assets in the United States. 5. Throughout their divorce process, the Petitioner and Mr. Anthony executed a Marriage Settlement Agreement and separate Addendum, in which Mr. Anthony agreed to make certain payments in equitable distribution to Petitioner. 6. Mr. Anthony refused to make any significant payments to Petitioner as required ~ by the parties' Marriage Settlement Agreement and Addendum. 7. On May 17, 2012, Petitioner filed a Petition for Special Relief requesting Mr. Anthony be found in contempt of the parties Marital Settlement Agreement and Law Offices of Saidis Sullivan & Rogers 2G West High Srreet Carlisle, PA 17013 Addendum and be responsible for all outstanding payments due. This Petition for Special Relief is attached hereto as Exhibit B. 8. At the time of filing, Mr. Anthony owed Petitioner over $70,000.00. 9. Judge Feck issued a Rule to Show Cause on May 21, 2012. This Order is attached hereto as Exhibit C. 10. On or about this time, it was discovered that Mr. Anthony was to inherit a portion of his mother's estate. 11. On July 27, 2012, Petitioner filed a Motion to Make Rule Absolute, as Mr. Anthony had not responded within the allotted time period. 12. On August 8, 2012, Attorney Scherer entered his appearance on behalf of Mr. Anthony and requested an extension of time to rely to Petitioner's Petition for Special Relief. 13. Mr. Anthony was given until September 14, 2012 to file an Answer to the ~, Petition for Special Relief. This Order of Court is attached hereto and incorporated herein ~ as Exhibit D. 14. On September 13, 2012, Petitioner filed another Petition for Special Relief after learning that the estate's real property had been listed for auction on September 30, 2012. 15. In Petitioner's second Petition for Special Relief, she requested the Court order the estate to escrow any and all funds Mr. Anthony maybe distributed from the estate pending final resolution of her first Petition for Special Relief. This Petition for Special ~ Relief is attached hereto and incorporated herein as Exhibit E. 16. On September 14, 2012, Mr. Anthony filed an Answer in regards to the first Petition for Special Relief. This Answer is attached hereto as Exhibit F. Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 17. On September 18, 2012, Judge Peck scheduled a hearing on the first Petition for Special Relief for November 1, 2012. This Order of Court is attached hereto as Exhibit G. 18. The estate's real property was sold at auction on September 30, 2012 for $291,000.00. The Agreement of Sale is attached hereto and incorporated herein as Exhibit H. 19. On October 4, 2012, Attorney Scherer filed a Motion to Withdraw as Counsel. 20. Petitioner filed an objection to Attorney Scherer's Motion to Withdraw. 21. On October 31, 2012, Judge Peck denied Attorney Scherer's Motion to Withdraw as Counsel. This Order of Court is attached hereto as Exhibit I. 22. Prior to the November 1, 2012 hearing, the parties reached an agreement for satisfaction of all outstanding claims. 22. At the hearing on November 1, 2012, Judge Peck approved the parties' agreement and ordered Mr. Anthony to pay Petitioner the amount of $28, 750.00 by the close of business on November 23, 2012. This Order is attached hereto and incorporated i herein as Exhibit J. 23. On November 19, 2012, Petitioner's counsel received a letter from Attorney Frey indicating the Executrix deducted $22,950.00 from Mr. Anthony's $30,000.00 partial distribution made at settlement of the real estate to repay an outstanding loan made by Mrs. Nancy Anthony to him prior to her death; Mr. Anthony received a partial distribution of $7,250.00 at the time of settlement of the real estate. A copy of the letter is attached I hereto as Exhibit K. 24. Based upon the statements made in the correspondence from counsel for the Estate, Petitioner believes that the estate will make a further distribution in either ~ December 2012 or January 2013. Law Offices of Saadis Sullivan & Rogers 26 Wesc High Street Carlisle, PA 17013 25. As of the date of filing, Mr. Anthony has not remitted any payment to Petitioner in satisfaction of his debt. 26. Petitioner is concerned that if the estate is not ordered to pay this debt to her from Mr. Anthony's distribution, she will have no other recourse with which to collect this sum due, as Mr. Anthony does not maintain any assets in the United States. 27. This Petition for Special Relief has been filed contemporaneously with Petitioner's Petition for Contempt on the November 1, 2012 Order of Court, docket number 2009-6602. 28. Judge Peck has been previously assigned this matter. 29. A copy of this petition has been provided to both Attorney Scherer and Attorney Frey; they do/do not concur with this Petition. WHEREFORE, Petitioner respectfully requests this Honorable Court order the estate of Nancy T. Anthony to satisfy beneficiary, Ronald D. Anthony's debt due to Petitioner from '~ his portion of the distribution. Date: ~ Z~ ~- ~ ZG lZ Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Marylou Maas, Esquire Supreme Court No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Counsel for Petitioner Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 IN RE: ESTATE OF NANCY T. ANTHONY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :ORPHANS' COURT DIVISION N0.21- jj' 13g5 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. i Date: ~Z~s /i2 Patricia A. Anthony Reich IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: :ORPHANS' COURT DIVISION ESTATE OF NANCY T. ANTHONY N0.21-11-1385 r.FRTIFI -ATE OF SERVICE I hereby certify that on this ~ day of I~!'C.2r'I7.~~Qh . 2012, a true and correct copy of 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 anthonvCa cbre com cn• jai thou facili~,ycenterchina.com Michael Scherer, Esquire 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 Screet Carlisle, PA 17013 Marylou Matas, Esquire Supreme Court ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Counsel for Petitioner LAST WILL SAND TESTAMENT .~ 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 RST: 1 hereby direct that my personal representative(s), hereinafter Hamad, to pay atf 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 practicabte. ~ 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., n - ^z~ Sharon Anthony Wang, ~~,; °~ ~.~. ; John M. Anthony, and ~:~:=-; ~ _ _; ^~~^. Ronald D. Anthony ~_ -~- - ~- _ ,; Ttif RD: Be it known that 1 desire to be cremated and request the ` i- be no maudlin funeral or memorial services conducted following my demise. FOUR?H: f hereby nominate, oonstit~e and appoinn my daughter Sharon A Wang, as Executrix of this, my Last V~ilt and TesternenL fn the event that Sharon predeoeas~es me. fads to qu~atiEy. eases io act. or for some reason is irx;apat~e of performing such Basic, f then nominate, t:or~stitute and appoint rAy son, John Michael AMhorry, as executor. in the evert that John predeceases me, fps m quatiiy, ceases to adt, or for some reason is irrcap~etle Of performing such task, f nvn~inate. Opp and appoint my son, Ronald D., aS @x9CtJt0r. ~ FT H: The above named persons shad notl be required to post t~oru! or surety in this or any other jurisdiction for ta9hful oompiieirxae of the duties as personal representati~ne of my estate. IN WITNESS WFIEHEOF, i hereby set my hand and seal and detrtare this to be my. U4ST WILt_ AND TESTAMENT. oonslsting d this and one ether ty~rritten page, identified by mY. si' nature. datetf vn this, ~-~~ day ~ ~C(-.V1+~ _.. - . , 2009 /, _ _._ Naruy T. thortiy (tesf~atrix) BE IT Kr+ioWw, that at the request a the testatr•~x, we t,ave writnessed the sigrrng of ltds document. in her pres~enoe, and in the presence of eax~ other. ~~~~ _ - (Address). ~Q S rki 6ticn Oc. fYl~~ro~y-i ~~°xno _ -- --- - ~ Lucy snarpt Address fi ~ 6 ~ r~ h ._.. ~r . (YLocJ!rgctc s bu.r ~°!A a~ri a ~c•kt~H , t ?oSU GOMMONWEALTI-i OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) r3cd1~ Sha r p c'- NAN Y T~, ANToHONY, G~~and ~Q.t-~-t~~ r the Testatrix. the wdr>~sges, respecti~~eiy, whose names are signed m the attached and egoing instrument, being first duty sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the ie~nent as her Last Wilt and Tom. Furthermore, she signed and executed it wittingly, as is free and vduntary 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 o~ our knowledge and sight, the TPStatmc, was at the time eighteen {18) or more years of age, of sound acid ckspasing mind, memory and urtd8rstanding der no contifaint. duress or undue influence. i W iTN~ ~Y T. ANTFi'OMY (Testatrix) / ES5 Subscnbed, swam to and at~mowledged before me by: NANCY T_ ANTHO the T and by ~~ and Ott cKy S ~.Ir; a (1C ha.r ~- the , a# of whom personally appeared before me, the undersigned affioer, on this, the ~ ~ day of J ~~ ~ .2009 My Commission Expires.pr~(ch ~ ~~O COMMONWEALTH OF PENNSYLVANIA Notarial Seel Elizabeth K. Hull. No~ry Public Silver Spring Twp.. Ctxnbertand County My Commission Expires Mar. 20, 2010 Member, Pennsylvania Association of Notaries PATRICIA A. ANTHONY, Plaintiff/Petitioner v. Law Offices of Saidis w nv~~i a i Wesr High Srreec :arlisle, PA 17013 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, day , 2012, upon presentation and review of the attached Petition for Special Relief: IT IS HEREBY ORDERED that DefendandRespondent, 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 20] Xu Hui District Shanghai 20003 ] PRC ranthonvl~i'~facilitvicenterchina.com ron.anthony,~cucbre.com.cn By the Court J. _- PATRICIA A. ANTHONY, Plaintiff/Petitioner v. RONALD D. ANTHONY, Defendant/ Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-6602 CNIL 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. Law Offices of ~ Rogers 5 Wesr High Strcec 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 ranthonvnfacil itvicenterchi na.com ron.anthon~(~cbre.com.cn PATRICIA A. ANTHONY, Plaintiff/Petitioner v. RONALD D. ANTHONY, DefendanbRespondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENI~YLV A N~A ~ ~ t~ ~ NO. 2009-6602 CIVIL TERM ~~ ~ ~ ~ ~` CIVIL ACTION -LAW ~~ ~ „~,`r=- r~ f-- IN DIVORCE '~ ~ r ~' '~ __, ~' ~ -+c~ ~ ~ ~' -+- -~ c~ -~ '~ r'a C:: LfJ r ~ r•*'1 jir PETITION FOR SPECIAL RELIEF ~.~~' ~o 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 ~ Rogers 6 West High Street ~arlisle, PA 17013 follows: HUSBAND and WIFE acknowledge that WIFE is unable to work dare 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. DO) 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 parrposes. 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: i HUSBAND and WIFE specifically agree that HUSBAND shall continue to maintain health insurance coverage for WIFE through his employment lvith C.B. Richard Ellis, bzc. or any subsequent employer as long as the parties are married. HUSBAND shall provide Yi'IFE with health insw•ance cards artd cooperate and assist her in utilizing said insurance coverage and processing arty 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 3nuary 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 follows: EQUITABLE REIMBURSEMENT: Husband and Wife stipulate atzd agree that commencing the ls' month follotil~ing the execution of this Agt•eement, Husband shall Law Offices of pay to Wife the sum of One Thousand Five Hundred 0'1,500.00) Dollars per• month SaidiS for trnent)~ four (24) consecutive months, for a total payment of THIRTY-SIX Sullivan THOUSAND DOLLARS AND 00/100 ($36, 000.00). This determination of equitable reimbzn•sement is contr•actzral in nature, is non-modifiable, and is based upon Wife's ~ Rogers waiver of interest in certain other marital property rights together with Husband's 6 West High Street assumption of the parties' former joint debt included within the Agreement dated Carlisle, PA 17013 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 becazrse of the expit•ation 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 atzd 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 l~'ife pursuant to the January 22, 2009 Agreement no later than 4~ 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 tivas 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 front Hzrsband directly to YVife 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 ~. 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 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, Hzrsbarzd was directed to continue to maintain health insurance coverage for Wife through his employment ~~ith C.B. Richard Ellis, b~c. 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 Harsband 's health insurance through his employer, bzrt 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 nsonths.from the date of executiw~ of the January 22, 2009 Agreement to the date of execution of this Agreement is NINE THOUSAND FOUR HUNDRED TNTENTY--FOUR DOLLARS AND 35/1.00 ($9, 429.30. Husband shall reimburse Wife the total cost of by making payment to her at the rate of X1000 per month beginning with the month Agreement is execzrteel until the total is paid in full. Payments shall be made in nine (9) consecutive payments of X1000.00, 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 IS regarding breach, the sum not paid by Hzrsband 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 unreirnbursed 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 provides in part as follows: "Hzrsband 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 Law Offices of and penalty. Wife shall submit a~z 'Innocent Spouse Forna " to N~hich Husband shall Sa1diS not deny; Husband shall file any other documents necessary to support Wife's claim Sullivan 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 3L Rogers outstanding for t1~e tax assistance received by either parry in the tax collection efforts ~ V/est x~gh street of the IRS and Department of Revenue. The total cost for the Innocent Spouse Form ;arlisle, rA voi3 was x'200, which Wife has paid Husband shall make payment to Wife within 1 S days of execution of this Agreement. " 20. Respondent has failed and refused to comply with the teens of the parties' Latn~ Offices of Saidis Sullivan & Rogers '6 Wesr High Screer Carlisle, 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(c) of the parties' Marital Settlement Agreement and Addendum provides in part as follows: "Husband shall bear the expense of prepaT•ing all joint tax retzrrns for the 2010 tux year. The parties have used the services of Jina Holland, CPA, and anticipate charges of approximately ~'S00 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 ofAnzerica, in the approximate amount of X9,500.00, at the time the parties negotiated their Legal Separation Agreement referenced herein. YT~ife has maintained paynze~zt 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, D00.00 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 I S regm~ding breach, the sunz 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. Husba~zd shall make payment to Wife within 4~ days of execution of this Agreement. In the event of Husband's failure to pay, in addition to the remedies outlined in paragraph IS 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 Law Offices of o_a~~_ ac. nv~ca a :G West High Street Carlisle, PA 17013 December 23, 2011. 31. Pursuant to the Mother's will, Respondent has inherited aone-quarter interest in her estate. The Mother's estate includes real estate located at 181.0 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 ] 6, 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. bz the eve~zt of breach, the other party shall have the right, at Izis or her election; to sue for damages for such breach or to seek such other and additional remedies as nzay be available to hint or lzer. " 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. Law Offices of ~. ~ . Sullivan 37. A copy of this Petition has been provided to Responded and he does not concur with the relief requested. w a~v~c,+i a !6 West High Street Carlisle, PA 17013 WHEREFORE, Petitioner requests your Honorable Court to find Respondent in contempt of the parties' Marital Settlement Agreement and Addendum, and the Legal Separation and Partia] Marital Settlement Agreement, aid 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 mothel•'s estate be attached for distribution to Petitioner; 5. All other sanctions as appropriate. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Date: S~1(9 /I Z • r~ C'`~, ~ ~ Marylou M ,Esquire ID No. 849 26 West High Street Carlisle, PA 17013 (717)243-6222 Attorney for Plaintiff Law Offices of ry • ~ Sullivan x i~v~ci ~ :6 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: ~/~~ /~~ 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: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6602 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE Ron Anthony Number 17 Hua Ting Road Building 2 Apartment 201 Xu Hui District Shanghai 200031 PRC Email: ron.anthony,~a~cbre.com.cn; ranthony(ct).facilitvicenterchina.com SAIDIS, SULLIVAN & ROGERS Law Offices of Saidis U 1 C.c.}un ~nt ti~~~ ~~ n ~l Marylo~z-Ma~'a Esquire `~ Supreme Coui D No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 w s~v~a.a a :6 Wesr High S[reet Carlisle, PA 17013 LEGAL SEPARATION AND PARTIAL MARITAL SET'TLEI~~SEIVT AGREEMENT ~.. -~~t, THIS AGI'.EE1vIE1~TT, made this ~~- day of ~ ~-,~_,-:_r~_, 2009, b~~ and betv,~een Patricia Anthony, (hereuzafter "VdIFE") and Donald Anthon3~, (hereuzafter "HUSB1-1I'JD"); ~~1TITNESSETH: 41~IIEREAS, the parties hereto ~n~ere married on June 8, 1996, in Camp Hill, Peruisylvania; and separated on January 20 2009; and ~lrHEREAS, the parties have no children of this marriage; and ~NHEREAS, HUSEAI~D is moving to China and V~TIFE is remaining in Cumberland Count~~, Pennsylvania and the parties desire to enter in to a binding legal separation agreement now that the~~ ~~ill be living separate and apart and the parties are desiz•ous of forever settling certain economic and other rights and obligations between each other as set forth belo~n>. NO~hr THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intenduzg to be legally bound hereby, -tne parties do hereby agree as follows: 1. ADVICE OF COUNSEL. Each part~~ ackno-snTledges that he or she each had the oppoztuni-th to have the provisions of this Ab eement and their 1ega1 effect fully e~plauled to the parties by legal counsel of his or her otn~n .choosing. V~TIFE is represented by Joanne Harrison Clough, Esquire of Camp HiIl. 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 fz.eely and voluntarily ha~~uzg either obtained sufficient lcnov~Tledge and disclosure of theiz• respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain counsel and/or suds ls~ov~~ledge. The parties each aclcnovaledge that this Agreement is fair and equitable and is not the result of any fi•aud, coercion, duress, undue influence or collusion. 2. LEGAL SEPARA TI OTC'. The parties acknowledge that they shall be considered legally separated as of January 20, ?009 and that said date steal] be considered their legal separation date in any subsequent Divorce ACtlo11 tllatmay be filed. In the event a Divorce Action is filed, this Agreement shall remain iz~ full force and effect after such tune as a fu7al decree in divorce male be entered v,~ith respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered v~~ith respect to them and specifically referenced iz~ the Divorce Decree. This Agreement shall not merge ~Tith the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Ab •eement shall be defined as the date upon which it is executed by the parties if they have each executed the Ab •eement on the same date. Othervaise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by tlne part~~ last executing this Ab eement. 4. FINANCIAL AND PROCEDURAL DISCLQSURE. The parties confirm thai each has relied on the accuracy of the financial disclosure of the other as an inducement to Elie execution of this Agreement. Each party understands that he/she had the right to obtain from the other part~~ a complete inventor~~ or list of all propert~~ that either or both parties owned at the time of separation or currently and that each part~~ had the right to have all such propert~~ valued by means of appraisals or otherv,~ise. Botli parties understand that they hive right to have a court hold hearings and make decisions on the matters covered b~~ this Agreement. Both parties hereb~~ aclcnov,Tledge that this Ab •eement is fain and equitable, and that the terms adequatel3~ provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either part~~ upon the other or bs~ any person or persons upon either part3~. ~. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAI~TD ma~~ and shall, at ail times hereafter, live separate and apart. They shall be free fi•om any interference, direct or iuldirect, by the other in all respects as fully as if theh ~n~ere unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage i1 any business, occupation, profession oa~ employment v,~lnich to him or her map seem ad~~isable. 1h~IFE and HUSEAND shall not harass, disturb, or malign each other or the respective families of each other. 2 6. REAL PROPERTY. Husband and ~Nife do not own any real property that is marital propert~~ subject to equitable distzibution. I-IUSBAIVD and l~~IFE specifically aclno~nTledge that ~~~~IFE solel~~ ovens the real propert~~ located at 304 Kay Poad, Mechanicsburg, PA 17050 and that said propert~~ is non rnarittll property and v,~as acquired by I~~IFE prior to this marriabe. HUSEAIVD forever waives an3~ right, title, claim or interest i, said real propert~~ or the increase u~ value of said propert~~. 7. DEETS. If a part~~ has acquired debt, the parties agz•ee that each shall assume full and complete responsibility for leis or her own debts. HUSBAl~TD represents azld warrants to ~~TIFE that since the separation lie has not, and in the future he vain not, contract or incur an3~ .debt or liabilitsT for v~Thich VtiTIFE or her estate might be responsible, and he shall indernrdf~~ and save ~~~IFE 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 otherv~~ise set forth herein. ~~trIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incus• an~~ debt or liabilit3~ for v,~hicll HUSBAND or his estate might be responsible, and he shall indemzlify 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 other~n~ise set forth herein. a, DEFT ACQUIRED BY HUSBAND: I-IUSEAND specifically aclcnov~~ledges that he has incurred the following debts during the course of the marriage v,~ithout WIFE'S knowledge oz• consei~t and HUSBAND further agrees he shall be solely and individually responsible for said debt and indemrdfy WIFE and hold her harmless on said obligations and said debt shall forever be considered the non marital debt of HUSB1-~.ND: a. Citibank account no. 380279-380554 approx. balance ~ $10,373.00 b. Citi Card account z1o. 5466 1600 7348 2950 approx. balance ~ 7,303.81 c. American Express account no. 3713 1224 9031006 approx. balance ~ 4382.77 -, 8. RETIREMEI~zT BENEFITS. a. LI~IFE's IBM 401K HUSBAND and WIFE specificall~~ acknowledge t1Lat S~~IFE has a 4011;: retirement accowit ac9uiz•ed during her employment ti~ith IBIS/. HUSBAND hereby waives his right, title and iiiteresi to any of VJIFE's 4U1K or any oilier pension and/or retirement and any and all other i•edrement benefits v,~hatsoever, and said asset shall be considered non marital property u~ the event of a divorce. b. HUSBAND'S RETIREMENT L1~ITH C.B. RICHARD ELLIS INC. HUSBAND and ~~~IFE specifically aclcnov,~ledge that HUSEAI~TD has certain retirement benefits he has acquiz•ed duruig lus emplo3~ment `reith C.B. Richard Ellis, Inc. WIFE hereby waives her right, title and interest to an~~ of HUSBAND's retiz•errient with C.B. Richard Ellis, Inc. or an~~ other pension and/or retirement and any and aII other retirement benefits whatsoe~~e?~, and said asset shall be considered non marital property iz~ the event of a divorce. 9. BAND ACCOUNTS. The bank accounts held solely in individual names shall become the sole.and separate. propertS~ of the part~~ in v~~hose name it is red stered. Each part~~ does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts, 10. LIFE INSURANCE. HUSBAI~ID agrees to maintain ~~~IFE as the irrevocable beneficiary of any life insurance policy he now has or may acquire as long as the parties remain HUSBAI~TD and ~~TLFE so -long as the parties remaiz7 married. In the event that V~jIFE subsequently files for divorce, then 1~~IFE shall waive any and all right, title, claim or uzterest ~ an~~ of HUSBAI~ID's life insurance policies. 11. PERSONAL PROPERTY. The parties hereto mutually agree that izz the event they divorce the~~ vaill divide all furzuture, household furnishings and personal property betv~~een them in a znaiuzer agreeable to both parties. The parties mutually agree that each party shall fi•om and after the date of this Agreement be the sole and separate ov,~ner of all tangible personal property in his or her possession. 12. EANI~RUPTCI' OR REOP GANIZA TIOIV PI:OCEEDINGS. In the event that either party becomes a debtor iii anl~ bankruptcy or financial reorganization proceedilzgs of any kind v,~hile an~~ obligations remain to be performed by that 4 parn~ for the benefit of fine otlneJ partl; pursuant to the provisions of this _/=~~reement, the debtor spouse hereby >n-gives, releases and relinquishes any right to claizr~ azn`~ exemption (z~~lletller granted under State or 1~edera] law) to anj~ propert~~ reinairiinb in the debtor as a defense to ally claim made pursuant hereto b}J the creditor-spotLSe as set forth herein, ll1clLldmb all attorney fees and costs zzlcurred ]ln the enforcemeznt of this paragraph or any other provision of this Agz~eement. No obligation created by this Agz•eexnent shall be discharged oJ~ dischargeable, regardless of Federal or State law to the contrary, and each part<~ waives any and all right to assert that oblzgatrozn hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financia] reorganization proceedings by either part~~ in the .future, any monies to be paid to the other party, or to a tlvrd partS~, pursuant to the terms of this Ab •eeznent shall constitute support and maintenance and shall not be discharged in bankruptcy. 13. SPOUSAL SUPPORT, HEALTH INSURANCE AND I~.LIMONY PENDE3~?TE LITE. a. SPOUSAL MAINTEI~TANCE AND SUPPORT HUSBAI~TD and ~~~IFE acknov~~ledge that ~~i?IFE is unable to work due to her medical condition and disabilit~~. HUSBAND and ~~~IFE further agree that i-IUSBAI~TD shaIl pa~~ to ih~'E the sum of One Thousand Dollars 01,000.00) .per .month for her maintenar~ce and support until t'tie parties are divorced oz• reconcile and that said sum shall not be deemed ta>:able income to ~~rIFE or deductible to HUSBAI~TD for income to>: purposes. b. HEALTH INSURANCE CO~TERAGE FOR VtTIFE: HUSAEAI~TD and ~~~IFE specifically agree that HUSBAND shall continue to maintain health insurance coverage for ~hTIFE through his employment with C.B. Richard Ellis, Inc. oz~ any subsequent emplo~~er as long as the parties are married. HUSBAI~TD shall provide ~^~IFE vaitln health ii~suraazce cards and coopez•ate and assist her in utilizizzg said insurance coverage and processilb any insurance claims. HUSBAND also ag~•ees that YtjIPE shall have the legal right to contact said insurer(s) azld to recei~~e any insurance reimbursement znoiues related to her medical expenses and care. HUSEAI~D and KNIFE specificaIly agree that ~%TIFE is preserving her right to seek alimony pendente lite and alimon5~.i1 the ej~ent the parties subsequently seek a di~~orce. 14. VAT FE'S DISABILITY CLAIM The paz-tiPs specifically aclnowledQe that WIFE is disabled and is in the process of pursuing an appeal of the denial of her Social Security Disabilit}- Claim. HL'SBAI~TD and V,~IFE agree that in the event V,~IFE is successful in securin~~ a disabilit}~ determination from the Social Securit}~ ~idminisiration an}~ past, present or future disability award and pa}~n~ents to V~~IFE are to be ~~IFE'S sole and separate propel-ty and HUSBAI~iD fiorever waives an}~ right; title, claim or interesi thereto. 15. ATTOIiNE~' FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own cow.lsel fees, costs and expenses associated with the preparation of this Agreement. 16. ATTOP~NEl'S' FEES FOR ENFORCEMENT. Ire the event drat either part~~ breaches any proi~ision of this Ab eernent and the other party retains counsel to assist in enforcing the terms thereof, the breaching party ~~ill pa~~ all reasonable attorneys' fees, court costs and expenses (including uzterest and travel costs, if applicable) v,~hich are incurred by the other party u~ enforcuzg the Agreement, znrhether enforcement is ultimately achieved b~~ litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breachii.~g or wrongdoing party shall beal• the obligation of any and aII casts, expenses and reasonable counsel fees incurred by the nonbreaching part~~ in protecting and enforcing his or her rights under this Agreement. 17. IYfUTUAL COOPERATION. 3~~IFE and HUSBAND shall mutually cooperate ~n~ith each other in order to carry through the terms of this Agreement, includii.Zg but not limited to, the s boning of documents. 1g. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid ui law or otherwise, then only that term, condition, clause or provision shall be stziclcen from this Agreement, and in all other respects -this Agreement shall be valid and continue hl full force, effect and operation. 19. APPLICABLE LAYh AND JURISDICTIOh~. This Agreement steal] be construed under the laws of the Commonwealth of Peruzs3Tlvania. HUSBAND and j~~IFE specificall~~ agree that Pennsyls~ania shall be the di~~orce jurisdiction for anp subsequent divorce that ma~~ be filed by either party. 20. ENTIRE AGREEMENT. 6 This Agreement coniauzs the entire rulderstanduzg of the parties, and there are no representations, warranties, covenants or undertalcnlgs other than those expressly set forth herein. 21. CONTFLACT IhTTERPP~ETATION. For purposes of contract i~~terpretation and for the purpose i1~ resolvuzg any anlbigui-t3~ herein, the parties ab •ee that this Agreement u~as prepared jointly by the parties. 22. SUBSEQUENT RECONCILIATIOh7. This Agreement shall remain valid survive any subsequent reconciliation, and reconciliation followed by subsequent separation of flee parties unless revoked in writing b3~ the pa~•ties. IN WITNESS WHEREOF, the parties hereto ha~~e set $~ei1• hands and seals of the.day first abo~~e written. This Ad eement is executed in duplicate, and in counterparts. KNIFE and. HUSBAND ad~ov,Tledge the receipt of a duly executed copy hereof. ~_~ ~..~ G~~~~Gy~ Patricia Anthony 1~TLFE ~~. ~ ~ 6 Ronald Anfllon3~ HUSEAI~TD 7 COIvIIvIOI~(~1rEALTH OF PEN1ti~S~'L~~ANIA -.; ~ : SS. On the r~`'~~ da3~ of `~ti~ c't~'luu i' '~ U09, before me, a 1~Iotary Public in and for the Commonv,~ealth of Penns~~Ivania, the undersigned officer, personally appeared Patricia Anthony, lmou~n to me (or satisfactor3~ proven) -to be one of the parties executing the foregoing instrument, and she aclcnov,Tledges the foregoing instrument to be her free act and deed. IN WITI~IESS ir1THEP.EOF, I have hereunto set my hand and notarial seal -the day and year first above v,~ritten. /~ /: /ipi ~~--,~,-~ Notary P • lic _ ~ IUly Commission Expires: `~~--Lj •~~'~~~ °-` CQR~~Jf~1iPJ~.Ai~:I~~ ~t "Ll~fv~`4'L~f~t~~`, - i~~i~~~l~? ~~~L Ct~~~'L ~:. GA(~i~k~k~, i'~LUi~t°tJ ~ati~tic. uL~t71p hii~4 ia~rc, ~: ~mbertaer~ i~auntu !U~}~ L`amm~s,ir~r~ ~xntrP~ ~h~/ 2U, 2012 b CO1vIh401~T~~>>EALTH OF PENN51'LV,4l~IA : ~:, --^ U~ On the ~~ day of _~~~-~ ~~~ i'~~ ?009, before me, a Notary Public izi and for the Commonwealth of Peiuzs3TIvania, the undersib ed officer, personally appeared Ronald Anthony, known to me (or satisfactorh proven) to be on of the parties executing the foregouzg instrument, and he aclazov,~Iedges ti-Le fo7•egouzg instrument to be his free act and deed. IN VdIT1~1ESS 1~~1=IEREOF, I have hereunto set my hand and notarial seal the da3~ and year first above written. /1 ~f/~- Notar' ~?ub~ic My ~ mmission Expires: /`~~'7 ~~ ~' ~~~ .ti i, 'n~1 t~ YS~Ii°4~~~. "vt)IYH~~i.~I~YULft~.iri U' i i..itll4i~(~_~ vivTttj_: f°§if ~t~rr.; ~:t~mlr:;~ia~`ad ~nu~+= ~;>; :i?3tfilltlSS!!?r' `.?[T?ITS rYl~'--` ?~, s~~lJ.~" ~~ 9 PATRiCiA A, ANTHONY v. RONALD D. ANTHONY IN THi= COURT OF COMMON PLEAS OF ~CUi'viB~RLAND COONTY; PcNNS"LVANIA No.20D9-6602 ©1fVOi~CE ~EG~EE AND IJOVV, r~'a~' 1 ~ 2011 , it fs ordered and decreed that PATRIClA A. ANTHONY , pfaintifi, and RONALD D. ANTHONY , der'endant, are divorced from the bonds or" matrimony. Any existing spousal support order shall hereafter be deemed an order Tor alimony pen.dente.lite.it any.economic claims remain pending. ?he court retains jurisdiction or' any claims raisetl by the patfies to -this action Tor which a Tinal order has not yet been entered. Those claims are as follows: ~!T no claims remain indicate "None.") The terms of the Comprehensive Marital Settlement Agreement and Addendum dated August 20, 2010 is incorporated, i~ut not merged, into the Decree in Divorce. ^'~;-.~r~,~; ~ ~ ~~s~i~~ (, , By the Court, ~., i' 1 ~~ ' t ~~ . ' ~ ~?l-~ R - ~~.~ 4' ~, ' ~ :~~ ~ ~~'~ Alhort H MaGlan~ Attest: .J, 1%i i , ~ ti~ Prothono~ary ~ ~~~~'\,~ Certified Copy Issued: May 10, 2011 Date r ~,r .p ra ~.li,r y 1: t PATRICIA A. ANTHONY, IN THE COUP.T OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYL\/AMP, NO: 2009-6602 CIVIL TERM r-~' v. CIVIL ACTION -LAW -~ _' RONALD D. ANTHONY, Defendant IN DNORCE - COMPP.EHENSIVE MARITAL SETTLEMENT AGREEMENT AND ADDENDUM THIS AGREEMENT made this ~~ ~ day of 1 2010; 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 Couri 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 at`~ached hereto and incorporated herein by reference as Exhibit A; R.4: 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 Iite; Husband's health insurance coverage for Wife and the payment due, and the parties' tar, status and debt due. R.S: 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 THcRE1=ORE, 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 Afr"idavit of Consenfand Waiver of Notice Forms, necessary to finalize said divorce. (2) EQUITA6LE 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 DOLLAr.S AND 00/100 ($35,000.00). This determination of equitab-e 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 tNife owed on a continuing basis, plus begin the equitable reimbursement payments due herein. Husband shall make the payments due to VVife 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. P,s of (Viarch 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 Januar}~ 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 W(fe's income and not tax deductible to Husband. This payment to Wife steal! be paid from Husband directly to Wife on a mon#hly 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. P.ichard 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 COBP.A 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 or' this Agreement is NINE THOUSAND FOUR HUNDRED TWENTY-FOUR DOLLAP,S AND 35/100 ($9,424.35). Husband shall reimburse Wir"e the total cost of by making payment to her at the rate of X1000 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 X1,424.35. 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 Wire 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) INCOMi= TAY.: 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 ta>: 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 tailing to report income for 2007 and 2008 tax years. Husband 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 r"or the ta>: 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 lax 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 a!I 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 fdr 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 ta>: 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 Wir"e. 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 Banl; 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 ~i,000.00 per month, payable in g 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 acl%nowledge 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 IJiarylou Matas, - Esquire, and, "as 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 TEES: 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°~o 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 determinafiion 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 thereon" in this Agreement is specifically waived. (11) RIGi-ITS AND -RESPONSI~IL(TIES: Husband and :Wife aclcnowiedge -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 SEl-fLEMEN?: 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 or' support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and an~~ other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (12) R~L~ASE OF ALL CLAIMS: except as may be otherwise specifically provided in this Agreement, Husband and VVife, 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 ihtestacy; (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 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; I. 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 Pennsyivahia. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (14) 1NCORpOP.A,TION .INTO DECP.EE: 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 entirety independent thereof. (1 ~) BREACFI: 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 covrsnants, 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 f Date PATRICIA A. ANTHONY zo R~PU3LIC 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 CON1M01~lWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND r~ On this ~; _ day of /-t~t~ _~! ~ i''~ 2010., before me, the .undersigned, personalty appeared PATRICIA A. THQNY whose name is subscribed to the within .instrument, and .acknowledged that .she executed the same for the purposes therein contained. IN WITNESS WHEREOF, 1 hereunto set my hand and official seal. ._ , , ~ ~d ~ _ ~~ c es Notary Public NOTr~R1r1L SEAL BARBARA E. STEEL, Notary Public Carlisle Boro; Cumberlaud County, NA 1~41~ Commission Expires June 7; 2011 11 i-~~T' WIE.L ,SAID TcSTAA+l~1~6T NANCY '~, kI~THOR-Y t, -NANCY T. ~PdTH4NY, 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, R T: I hereby direct that my persona! 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 rrtay be practicable. S'` 1!W : 1 hereby give, devise and.baqueath ail the rest, residue and remainder.of my estate, equally and..psr capita, among my-four children: Richard H, Anthony Jr., :~ Sharon Anthony Wang; =o =:_: ~. ~ r ~_'~ -:~~ ~: Jahn M. Anthony, and _`-~ %~; ?? o --, ; -, -- -, , -~ Ronald D. Anthony -- "~- - -_ a, --~ .. THt RD: Be it known that !desire to be cremated and request there be no maudlin funeral or memorial services conducted following my dem ise. __ -1-, ,,_-, _ _, -- ;=,-; ,,~ _T, ~=13G~'~'6~: f hera~byr noaninate, constitute erred apt rrey daughter. Sharon A. Wang, as Exe~strix ~ this,- my Last Will ~ Testamer~t_ M the event that Sharon predsc8ases ma, #aiis to quai~y, erases k> ate, or far same reason is irr.,apabie of psrformittg s~ task, 1 then reomiaeate, rorestitu~la artt! anoint my scen,.John Michael Arithorry, as exe:.lttor. in ih° event that John ~xadgoeasr:s me. fae~.s to ~atatiiy, eases-ter act, c~ far some rea~- is ineffable vt performing such task, ! rtornirtate. t;Ortgtitut6 alld ~iprOlllt rrty Solt, Ronald D., aS QKBCUtor. ~~#: The above r~am~ persons shad rm~.t+e required to pxzst band or surety in this a' arey ocher 3uris~fi^~n 4or taithieJi rampiiance of tits duties ss personal F~resentattiye +af rn}e e5tet~B. ihl VIIjTPVc' ~S VbHE~EC~F, d hsl+eb~- sst my hand and sea! arzd de~fiare ifiis to be my, LAST Wl~t_ AND T'CST~-MEfVT, cx~nsisting aI this and one otitar tygeeMVritterr°page, °itterlt~i~°b~:rr1~•.s(it~, attire,-~iied'~~ttES, ttee-~.~ ~3ay of ~1 GC..1!1.~ .~ =-20f?9 ~ ~tancy T. ~T'est~etri BE fT Ki+~?1NN, heat ai the request of the testatrir~, lhre have wi#nessed the signing d, this t~ure~et, ire her ~xeserbe, anc! in the ~xesence Qf each other. ~ (~-ddress). SOS r~ 6i-~~n Or. 1~2C.l~i~iQ.cr~P~ --- - c y P l euc snav ~. ---- - -- --- t t15p - _---- .~A:~ciress> a~ s~,~fi ~~ ~ r =.~ n _ ~f -(?~.Q~i~(~ s ~ ~ J -° ~a '¢crTi a f~:.bq~l . ('70~ CpMA/tOtVWFALTE-i OF PEi\ilti'SYLVANiA ) COUNTY Ol= CUN93ER! AND ) ,3cdC~C 5-~c~ v p c. W't~ ldfi-HCY 'L. F-l~HT'tHlrlf~Y, - and ~a~, t ~~-- corr. ~ ot•-,aA the Testatrix, a the witnesses, resp~tiveiy, whose names are l3igrt~ tc~ the attat~d and egging irzstrt~ment, being first -.duly swum, do hereby declare to the undersign~i authority that-the Testatrix sigr~i and. exectate`1 tt~ instnunerrt $s filer Last klliiiland Testament. t=urtfieamore, she signed and executed it wif[ir>tgly, iBS a free and valunffirsr act, for the purposes therein e~ressed. F....ach c>¢ us, as witnesses, in the preser~x arx9 hearing ofi the Testatrix and each other., signed the Wil{ as witnesses, and that to the best of our kno~nrtr2dge oral sight, the Testatrix, was at the aims eic~ttee>~ {~! S) or more yf:ars a~ age, of sound. and disposing mirxi, memory and uriderstancfing der no con,~raint. duress or vnd~.~e i~tuence. :;Y T. ~ilaT6i4~Y (Tesxatrix) ~ i W tTf~ft=~ ESS Subst~i[~eci, swwom to and adcrtfowfetiged befiore me by. l~I~itr1~Y T. ~`.I~ET@-fO~Q,V', the T ~ and by .~ and J ~~YY -S Capri r (.kha.r ~- the , a1R of wtYJRf persorsaiEy appeared before me, file tllndersigned o~tf cer, on this, the ~ ~ day ofi J ut1-e .2009 icy Commission t~pir~es. )~ ~c. h ~ , ~ O ! COMMONWEALTH OF PENNSYLVANIA Notarial Seal lizabeth K. Hull, iJo'aary Public Silver Spring 7wp., Cumberland County My Commission Expires Mar. 20, 2010 Member, Pennsylvania Association of Notaries rlui~ V Subject: Sorry did not reply was out of town on work.. prom: Anthony, Ron @ Shanghai (ron.anthony@cbre.com.cn) To: paarda@yahoo.com; Cc: ranthony@facilitycenterchina.com; Date: Monday, January 16, 2012 12:26 AM Sort~~ 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 3.0. 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 hove I vain 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 far 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 return to .the USA then_they may tr5~ 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 wa}~ 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.mg6.mail.yahoo.com/neo/launch?.rand=032~Out0e0i51 1 /26/2012 1,1111E YZEg8fC~fi; Ron ,tinthony ~ Hssociate Director Facilities f~lanagemeni Transition and So3utions Global Corporate Services ~ China CBRE ~ Shanghai 11 F !Wheelock Square ~ 17i7 West Nanjing Road ~ Shanghai, PRC 200040 T 86 21 2401 1340 F 86 21 5403 7435 ~ fVi $6 136D 176 9802 ron.anthony(cr~,cbre.com.cn~ wwvv.cbre.com.cn ~~o ~p1~~~ftb~~J~~~~ , i~llJ~l~J, ~~, ~ ~~c~rnJ~~f~1'~o i~~~~=~~~f~4~~ G , ~~'}~'~ ~ ~~~:~.~~.~~~~J~o ~i~~~~ ~ ~o www.cbre.corn 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 a-mail in error, an}~ 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. wv~~~.cbre.com http://us.mg6.mail.yahoo.com/neo/launch?.rand=03250ut0e0i~ 1 1 /26/2012 rage i of a Subject: Rc: Have not heard from you From: Anthony, Ron cti Shanghai (ron.anthony@cbre.com.cn) To: paardaCyahoo.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 1 will be able to give you out or' 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 (Associate Director Facilities Management Transition and Solutions Giobai Corporate Services ~ China CBRE (Shanghai 11th Floor ~ Shanghai Wheelock Square 1717 Nanjing West Road (Shanghai, PRC 200040 T 85 21 2401 1340 (M 85 1350 176 9802 ron:anthony@cbre.com.cn (vvw+n~.cbre:com:cn R~ From: Patty Anthony [maiito:paarda@yahoo.comJ Sent: 2012t73L]12^ 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, . ~- ~~~~~ Christylee .Peck, J. Marylou Matas, Esq. West High Street Carlisle, PA 17013 Attorney for Plaintiff Ronald D. Anthony No. 17 Hua Ting Road Building 2 Apartment 201 Xu Hui District Shanghai 200031 PRC Defendant, pro Se :rc c~ r,.~ c ~~ N t*t~ 3 .,. rn ~. --c ~A ~ -cam - r~ ~- -~ ~~ ~ x c} ~, C c.a _.; c~, ~~ --; rryi-~' ~~ --+~ z -> < ~_ -~-, ~~ ~° ~, . ',; TRUE COPY FROM RECOR7 In Testimony whereof, I here unto set my hand end the seal Of said Court at Carlisle, Pa. This~_~y~ 20 ~a _ Prothonotary 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. Marylou Matas, Esquire -~~ ~ ~„ ~_; Saidis, Sullivan & Rogers c ~~~ 26 West High Street ~r ~~_ Carlisle, Pennsylvania 17013 r.~..~ `"' ~ -T:; ~_~ ~' r ~c n;- Michael A. Scherer, Esquire ~ Q 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~~ ° wry ' CIVIL ACTION -LAW -'n1°~ ri ~~-..~. RONALD D. ANTHONY, ~z ^~ ~''-~" Defendant/ Respondent IN DIVORCE "'~ ~ ~''''+ Judge Peck ~~~ w °~~ ~ ~ z~ PETITION FOR SPECIAL RELIEF ~~' ~ ~ ~ C 1. Petitioner filed a Petition for Special Relief on May 17, 2012 re~esfr"~g 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 Jufy 27, 2012. 4. Petitioner flied 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 C„rh r tiulliva.n ~ ~cogers 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. Law Offices of ~_s~s_ ~uuivan & Rogers 26 West High Street Carlisle, PA ] 7013 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. 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, (7) issue preliminary or special injunctions necessary to prevent the removal, disposition, alienation or encumbering of real or personal property in accordance with Rule 9531(a), (c), (d) and e; or (2) order the seizure or attachment of real or persona/ 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 Q~~r~ie Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Date: % ! ~ l~ Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Marylou'M tas, Esquire Supreme ,~ourt No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Petitioner/Plaintiff VITRIFICATION 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. it ~ ~.- L/( ~ ~~ c-Gv Patricia A. Anthony Date: ~~ 13~12- Law Offices of c•_s~!_ a~.unvan & Rogers 2G Wesr High Streer Carlisle, PA 17013 LAST W-LL rl1ND TESTAMENT Q NANCY T. ~,NTNONY !, NANCY T. ANThlQNY, 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 ail 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 (imitations, as welt as my funeral and testamentary expenses, including Pennsylvania Inheritance Taxes, as soon after my demise as may be practicable. S E N : f hereby give, devise and bequeath aU the rest, residue and remainder of my estate, equally and per capita, among my four children; Richard H. Anthony Jr., :~ ~~ ~ Sharon Anthony Wang, ;, ~ ~~- '. J John M. Anthony, and _~:~-?~ o ~~ Ronald D. Anthony ~- ~~-~ ' ~ - -= _ .., L TH R : Be it known that I desire to be cremated and request there be no rnaud(in funeral or memorial services conducted #ollowing my demise. _^„ -__ T-~ i ~" S^ _~, FOURTH: thereby nominate, txmstitute and appoirn my daughter Sharon A. Wang, as Executrix of this, my Lest Will arui Testament M the ev~tt that Sharon prede,~aases rne, tads to quality, ceases b act, or for some reason is incapable of performing such task, i then nominate, constitute and appoint rrry son, John Michael Anitmtry, as executor. In the event tha! John pre;isveasss me, fads bo qualify, ceases to act, or for some reason is irrxaapab~ oi` Pertorming such task, (norinate, CdrtRtitlltA aril appvirtt rTly SOrI, Ronald D_, aS BKeCUtor. ~ F~#: The above named persons 5haii nol be fequired to post bond or swetysn this or any other jurisdir~ion for talth#ui compkance of the duties as persvrral rspresentatiive of my estate. IIV WITNESS 1titHEREi7F, 1 herefiy set my Rand and ssai arxi declare this io ba my, LAST WILL ~+ND TESTAMENT, consisting of this and ors ether typewvritt~en page, ident~ried by my. signature, dated on thEs, the..~~day of .~Gc-.Vl.~ _.... -- --_. ~20Q9 Nancy T. ihnr~y (Testatrix} BE IT KN~1NN, that ai the request of the testatrix, we have witnessed the sprung of this document, in her preserve, and in -the presence of ~h other. -~ (Address}. ~,7Q S r~i 6i-rcn Or• 1~l~~ni rs~q P~ l _ . ---- . , -- _- ~ vso euey Sna rpt - - ~ - - -~------.. .(Address) o?U S~i!`h nJ 6rr~h _ ~r-~cl!+~~~5-a,~~~ ir'J~ '¢crri e ik.ki~'J . l 7oyJ COMMONWEALT}-l OF PENNSYLVANIA ) COI3NTY OF CUMBERLAND ) 3cd~~r S ~ r p e. N/INCY T. I4NTW01~lY, and Cun~ c O`Naf? Yy'J ~C~--t _ , ~J.~~ ,the Testatrix, a #~e witnesses, re "y,1 whose names are sigr~ m the attached and egoing instrumerrt, being first duty sworn, do hereby declare to the undersigned authority tnait fhe Testatrix signed and execued the instrwnerrt as her Last Wilt and Testament. Furtfiermore, she sinned and executed it willingly, as a free and voluntary act. for the purposes therein e~xessed. Fact, of us, as witnesses, in the preserve and hearing of the Testatrix and each other, signed the Will as witnesses, and that to the best of our knowledc,~ ar>~I sight, the Testatrix, was at the time eighteen {'! 8) or more years pt age, Of sound and disposing rnirxi, memory and understanding der no c:on,9l`raint. duress or undue irfituer>:cs. W ITNE~ ~Y T. AN'6'tfipl~lY {Testatrix) / ESS Subscribed, sworn to and adcnowlerigecf before me by: NANOY T. jt11tTH0 Y, me T ~ and by and - ~ cY. y S fie. Ce,, r r; t f7e. I~,r ~- the ,all or whom persor>;ally appeared before me, fire undersigned officer, on this, the l ~ day of u-r ~ Zoos My Cornmissivn Expires. p~.a(ch ~ , ~ ~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal E~zabeth K. Hull, No!ary Public Silver Spring Twp„ Cumberland County My Commission Expires Mar. 20, 2010 Member, Pennsylvania Association of Notaries i ~ ~ c m ~ ~ " , ~ ,~~~ 3 m m ~ ~ ~ m v, ~ i ear ~ ` S7i tND r ~ ~ _ ~ ~px ~ ~ O w ift t9 G O (1~ 'mil' '~.' ~ 7 ~ ~ ~ K ~ w ~ N ~ ~ R V/ ~ Y ~~33 Chu, ~ m~a~! .eT1~ N d.~~ STI~~ m ~ ~~~n~ ~ m' °m ~~ `:'~a m °~~"'tC5 N~ m 9 O~ ~t ~. W N O P n'4 v~,m ~ m~L''ym`~ a0 g -'3'~ w w3w3~ d r - JA iD ~ ~^'n ~ .. ~a ~ ado~a ~ .J y G. i V+ c 9 N~ W £ ~ o .n 'o 6<in n GN ~ w a t9 .o ~~ m C m ~' 3 ?'`"'" m ~c ~ ~ C1 ~,R„ pON - ~` w m `~ °. ~ ~w....~om ~ N ~ o G~~ ~°' ~q ' '~ ~~.t ~c ~ ~ ~ m a• , Tn R O o' ~- !^ m~'~ o ~ ~_~ ..-r. 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'13 J ~O ~ a to N p LO 7 ~ "-~ ~ O ~~ ' C R O a a ~;~ Q G r x ,n. w n ~Tp A m ° ~N tea'!' 0 _~ ~.In rn o. m ~ N -J'~ p ~ ~, p N 0 o`. n ro 0 V N { C G N 0 N ~I /, (r G tlo p N j N .+ fr N ~o ~-~ Y O R O ~ ~ ~ ~ Q , a R i ~ ~ ~ .O ~ F ~~ ~ v, '~ -~ y ~% ~ ~ ry ~ r R to C' o+ ^i ~ =' ,~ O ~ R- 7 k w ~ N J~ N ?~ ~ G f ~ _ N t~Y' w ~ m G 'f ~ J .Q x' w ~ ~ ~ O ~ c G y ~ N .. r ~ ~ a~ G r O u ~ r ~' W ~ ~ o ~ ~ ~ N ~ r ~ C~~~ i O `° ~ O ~ Ci 1 ~ (n ¢ ,P \\ ~~ ~~ -a° _ `, z ~£ o ~ INW ~ '3''c N ~^ 7~? ~ o ~' o a brlp on -o O . ~ Q,Q°'L1 ~ c'~ m d .fl w D O N ~ ~ N N!P (~ G ~ W ~ i C m og~f°~`On N ~~ r~ i ~, r i ~._" r ~ ~ ~ p ;) m ~ ~' ~ r wpm ~0 ~T~ ~ N N ~ S ~ nm~=(t' v~a0~ R °;^ ~~ G ao ~~p] o ,--Q ~ n3 ~ i ?C '"8, Lna~Z ~ ~~~ VAC c O-O A ~~3m 0 -cs a mm o =•~ m' $y S., ~oJ ~e i~ =. ^o - ~9 \ ~' NR', :R a {~7 0 O c. !~' iN~ ~, ? ~ 5 ~ ~f9 -o O 'L7Np. JV 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 Judge Peck CERTIFICATE OF SERVICE I hereby certify that on this /~~`~ 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 Law Offices of Saidis Sullivan SAIDIS, SULLIVAN & ROGERS Mar~ito'G M.a~as, Esquire Supreme Court ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Counsel for Petitioner/Plaintiff M. ~~~b~a v 26 West High Srreet Carlisle, PA 17013 PATRICIA A. ANTHONY, Plaintiff v. RONALD D. ANTHONY, Defendant IN THE COURT OF COMMON PLEAS,OF~ r CUMBERLAND COUNTY, PENNSYI ~AI~ ~ _,. ~~n ri ~ ~' ~-=- N0.2009-6602 CIVIL TERM x~ _' ~~', CIVIL ACTION-LAW {~ -a ca=n IN DIVORCE ~~ ~ car v~ ...a o -< DEFENDANT'S ANSWER TO RULE fSSUED ON MAY 21, 2012 AND NOW, come Ronald D. Anthony, by and through his attorney, Michael A. Scherer, Esquire, and respectfully answers the Rule to Show Cause as follows: 1. - 4. Admitted. 5. Denied. Ronald D. Anthony (hereinafter "Respondent") did make payments pursuant to the January 22, 2009 Agreement. 6. Admitted. 7. Denied. Respondent did not refuse to provide health insurance to Patricia Anthony (hereinafter "Petitioner"). 8. - 12. Admitted. 13. Denied. Respondent has not refused to make payments pursuant to the Agreement; Respondent has made some payments, although Respondent agrees that not all payments have been made. 14. Denied. This is a legal conclusion and proof is demanded at the time of trial. 15. - 16. Denied. Respondent does not refuse to make payments under the Agreement. 17. Admitted. 18. Denied. Respondent made some payments to Petitioner. 19. - 21. Admitted. 22. Denied. This information is beyond the knowledge of Respondent and proof is demanded at the time of trial. 23. Admitted. 24. Respondent believed that he had agreed to pay half of the Bank of America debt and it is not clear at this time whether he made this payment. 25. Admitted. 26. Respondent made payments to Petitioner through Western Union and he is not certain how those payments were applied to his obligations to Petitioner under the two Agreements. 27. Denied. An accounting is demanded for any interest Petitioner claims she is due. 28. Admitted that Respondent is employed by C.B. Richard Ellis. 29. Denied. Respondent does not know Petitioner's income sources. 30. Admitted. 31. Admitted in part and denied in part. Respondent is a beneficiary of one- quarter of his mother's estate; however, Respondent does not know how much money he stands to inherit from his mother's estate. 32. Denied. Strict proof of Petitioner's claim is demanded at trial. 33. Denied. Respondent does not know what her fee arrangement is with her counsel. 34. Admitted. 35. Denied. Respondent does not believe he should be required to pay Petitioner's counsel fees. 36. - 37. Admitted. WHEREFORE, Respondent respectfully requests that this Honorable Court issue and Order setting a hearing in this matter to take evidence regarding the claims raised in Petitioner's Petition for Special Relief. Respectfully submitted, BARK SCHERER LLC Mich 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 Defendant's Answer to Rule Issued May 21, 2012 are true and correct to the best of my knowledge, information and belief. This verification is signed by Michael A. Scherer, Esquire, Attorney for Respondent, due to Respondent residing in China. This verification is offered based upon the statements and emails provided by Respondent to counsel. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. ~~ Michael A. Scherer, Esquire Dated: ~' /Y• t L CERTiFfCATE OF SERVICE I hereby certify that on September 14, 2012, I, Andrea M. Ramos, secretary at Baric Scherer LLC, did serve a copy of the Defendant's Answer to Rule Issued May 21, 2012, by first class U.S. mail, postage prepaid, to the party fisted below, as follows: Marylou Matas, Esquire Saidis, Sullivan & Rogers 26 West High Street Carlisle, Pennsylvania 17013 Andrea M. Ra 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 18`x' day of September, 2012, upon consideration of Plaintiffls Petition for Special Relief, a hearing is scheduled for Thursday, November 1, 2012, at 1:30 p.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, M~lou Matas, Esq. i~'" `: est High Street Carlisle, PA 17013 Attorney for Plaintiff Michael Scherer, Esq. 1~ West South Street Carlisle, PA 17013 Attorney for Defendant Robert G. Frey, Esq. 5 South Hanover Street Carlisle, PA 17013 :rc Christylee L. Peck, J. M1+~ L -.f.i .'- ~~ .~ T c-n ~ cn r=-, __ cn r' - ~ ~ ~ A `° ~ ... , r_ ~ c, <~ tee,, ~ m a-y; w ~-.' f~R L-} A~: tU -~''rr, rv ~~ r-~ TRUE COPY FROM RECOl~:D In Testimony whereof, i here unto set my hand and the seal of said Court a~t arlisle, Pa. This ~~ day of !'j~T"_'_-> 20 /a ~~ ~Pr~ot~honotary A.GREEIYIENT QF SA-.LE FQR REAI, ESTATE THIS AGREEMENT, made this 30t1~ day of Sentcmber , 201.2, by and between Nancy T. Anthony hereinafter. referred to as ~"Seller(s)" and hereinaftcx .referred to as "Buyer.(s)" WTTNESSETH: 1. Seller(s) hereby agree to sell ar~d 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 1810 Lambs Gap Road , in tlae Township of. I3ampden .for the sung. of. (a) Deposit at or before the signing of this Agreement, to be held. by Auction Company $ 15.000 (b) Balance to be paad at closing: $ ai7~, ~ TOTAL PRT.CE $ ~yq I . QED Dollars upon 2. Settlement shall be made on or before the 14th day of November, 2012. Said time for settlement and all other times zeferrcd to for. tlae 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 fulfill and perform any of the terms and conditions of the sale, the Scllcz, at tfae Seller's option, nay regain the down payun.ent as liquidated damages, pursue its remedies at l.aw or equity, anal may resell the property. 4. Plumbing, heating, lighting, and. other permanent fixtures now in said premises arc included in this sale. 5. Seller(s) shall bear the risk of loss or damage to the property from fire or other casualty until time of scttl.ement. In the event of. ar~y damage to the property caused by fire or other casualty, Buyer. (s) shall have the option of rescinding this Agreement aD.d prornpt).y being repaid the deposited rx,.oney or of accepting the propcrry in its then condition with the proceeds of any insurance recovery obtainable by arc notified that they may insure their equiiablc interest in the property as of the time of the 1'ygreement. the further terms and. conditions hereinafter set forth: 6. Buyers} have received a copy of the Seller's property disclosure staterriez~t 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 apporNoncd at the lime of settlement. Pennsylvania Realty Transfer Tax and. any municipal transfer tax sbnll be paid. one-Ralf {lJ2) 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), Se11Ers' agent, auctioneer, or agents and employees of auctioneer. $uyer.(s) understand and agree that the property is being sold in AS IS condition. 9. This t~.grcement shall be bin, ding upon the respective heirs, executors, administrators, and. LLGI.CJJUIJ V.l LI,)C. ~[Ll L't LJ 11L:1vLV- 1.0. 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: lr~e' ~d lr~' - /'' ' ~Z .~'~ Date Date Date Date )E2EC)CIP'1r Received of Purchaser n the as money down on account of the above purchase price, the sum of C~~ 1~ ~ Received by: lea ~~ ~--~~. ~. ~.~. Cordier Aueti.on9 1500 Paxton Street, Harrisburg, PA 171.04 717-731 8662 PATRICIA A. ANTHONY, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW RONALD D. ANTHONY, Defendant N0.09-6602 CIVIL TERM IN RE: MOTION TO WITHDRAW AS COUNSEL ODER OF COURT AND NOW, this 31S` day of October, 2012, upon consideration of the Motion To Withdraw as Counsel, and Plaintiff's Objection to Defendant's Counsel's Motion To Withdraw, Defendant's motion is denied without prejudice to refile the motion after the hearing on Defendant's Petition for 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, / Marylou Matas, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff ~ Michael Scherer, Esq. 19 West South Street Carlisle. PA 17013 Attorney for Defendant C N V7 ` ~ 'r~ ' ~ zrn n ~r 1 ~:~ ,, /,'..~.' ~ ~' r ~ w Q Christylee'L. Peck, J. ~ ~ s c~ c-: -~ N ''' ..~ ~ ~ ~ Ronald Anthony No. 17 Hua Ting Road Building 2, Apartment 201 Zu Hui District, Shanghai 200031 :rc ~d p; c.S ~~ ~l et 1o%t~i a ~~ + ;P I ~~ PATRICIA A. ANTHONY',. IN THE COURT OF COMMON PLEAS OF. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA,, v .. CIVII; ACTION ' - ~ hAW ~~ ~` 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 having 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. Scherer, Esquire, that the Defendant received notice of-this hearing~~ancl 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. 9 By the Court, ~ ~ © -~,~' '~ z~ ~ ' x~ ~? `~` o ~ ~ ~ f _ ~ ~"//7 mot-- x. '~ , • :co Christ ee L. Peck, J. ~Q ~ o:.' ~~ '~ TRUE COPY FR --r -~ -~ ~ ~ OM !n Testlmon RECORD Y whereof I he a 'r , re unto set m nd th jsea~ of laid Court at Carlisle, pa hand This cP d ay of Prothon tao ry ~ . ~~ 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 FREY &TILEY ATTORNEYS-AT-LAW 5 South Hanover Street Carlisle, Pennsylvania 17013 ROBERT M. FREY RETIRED STEPHEN D. TILEY stiley@freytiley. com ROBERT G. FREY rfrey@freytiley.com Marylou Matas, Esquire 26 West High St. C;arlisle:. PA i ir;l ~ Re: Nancy Anthony Estate Dear Marylou and Mike: November ig, 2012 Michael Scherer, Esquire i9 V4'est South St. rar-lisle; PA ,7~(11~ ~~u r [ V LUiL TELEPHONE (717) 243-5838 FACSIMILE (717) 243-6441 I am writing to acknowledge receipt of the order of court dated November i, 202. Although I see that Mike may no longer be representing Mr. Anthony, I am still including him in this correspondence. I aryl pleased rto report that settlement'has ;occurred on the sale of the former residence of Mrs. Anthony... Enclosed with this letter is a copy of the settlement staterrient showing net proceeds of $252,865.36. Deducted from the seller proceeds was $15,000 which ~~as delivered to the Register of Wills as payment on account of inheritance taxes. It is the intention of the Executrix to make a partial distribution to each of the four heirs in the amount of $30,000. However, from the share payable to Ronald Anthonv would be deducted the amount of $22,950, representing the outstanding loan lna~,e by Mrs..Anthony to him. Ronald would be7'entitled to a net distribution of $x,250 p4,i~ }:', h [l1-,~., - ~e~ r t~'' .] +rivii~i~::. "v~CiiilCl U' ~ -!-- ??i2. i „Ju .1~, u.:5 i.a1S~ 1• }, ~ rili:t~1~; Ui1iy uilEr i'2IeaS~S WO;xc received by all of the heirs. I am scheduled to meet with the Executrix and at least some of the heirs on Tuesday, November 20, 2012. I am hopeful that the heirs present will sign releases at that time. The plan would be for a further distribution to the heirs after the beginning of next year. However, the Executrix is hesitant to make a greater distribution at this time because there is an outstanding partition action which I have filed on behalf of the estate concerning real estate in which the estate is a one half owner. We are hopeful of resol~cring this matter and after such a resolution the Executrix would be in a better position to determine the amount of such a distribution. Frey & Tiley Attorneys-at-Law Mary Lou Matas, Esquire Michael Scherer, Esquire Re: Nancy Anthony Estate November ig, 2012 Page 2 of 2 I have not received any authorization from Ronald Anthony directing the estate to pay any portion of the distribution payable to him directly to your office or to his ex- wife. If the agreement between the parties contained such an agreement or authorization for payment by the estate, I would appreciate it if you could forward a copy to me. Otherwise, you may need to provide me with written notification of intent to garnish his interest in the estate. Sincerely yours, ~~ obert G. Frey RGF/tl Enc. cc: Ms. Sharon Wang