HomeMy WebLinkAbout08-22-06
Neil W. Yahn, Esquire
Attorney I.D. No. 82278
James Smith Dietterick & Connelly, LLP
P.O. Box 650
Hershey, PA 17036
Attorneys for Petitioner
INRE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF LINWOOD B. PHILLIPS, JR.,:
Deceased
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ALICE R. PHILLIPS, ORPHANS' COURT DIVISION,
Petitioner
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NO. 21-06-0122
ROBERT G. FREY,
Respondent
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PETITION TO SET ASIDE PRENPUTIAL AGREEMENT
Upon information and belief, the Petitioner, ALICE R. PHILLIPS, by and through
her attorneys, JAMES, SMITH, DIETTERICK AND CONNELLY, LLP, files this
Petition to Set Aside the Prenuptial Agreement (the "Petition") for the following reasons:
PARTIES
1. Alice R. Phillips is an adult individual residing at 93 Encks Mill Road,
Carlisle, Pennsylvania 17013 (the "Petitioner"), and is the surviving spouse of the decedent,
Linwood B. Phillips, Jr. (the "Decedent').
2. Respondent, Robert G. Frey, (the "Respondent') is a licensed attorney
practicing in the Commonwealth of Pennsylvania with Frey & Tiley, with a principal office
situated at 5 South Hanover Street, Carlisle Pennsylvania 17013 ("Frey & Tiley").
3. Frey & Tiley is comprised ofthe following attorneys: the Respondent, the
Respondent's father, Robert M. Frey, and Stephen D. Tiley.
4. Robert M. Fry was the business partner of the Decedent.
PROCEDURAL HISTORY
5. The Decedent's purported Last Will and Testament and Codicils have been
offered by the Respondent for probate (see attached Exhibit "A") (collectively the Will and
Codicils will be referred to as the "Wilr'). Letters Testamentary were issued to the
Respondent.
6. The Will significantly limits the Petitioner's inheritance.
7. The Petitioner filed her statutory right to receive her elective share as per 20
Pa. C.S.A. g2201 against the Will (the "Elective Share").
8. Respondent objected to the Elective Share premised on the grounds that the
Petitioner waived her right to the Elective Share under the Prenuptial Agreement dated
October 2,2000 (the "Prenuptial Agreemenf')(a true and correct copy of the Prenuptial
Agreement is attached hereto as Exhibit "B").
JURISDICTION AND VENUE
9. This action arises under the laws of the Commonwealth of Pennsylvania and
is within the subject matter jurisdiction of this Orphans' Court.
10. V enue in this Court is proper.
11. The Decedent died on February 2,2006, a resident of Cumberland County,
Pennsylvania.
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12. Petitioner has standing to file this Petition as the spouse of the Decedent and
is entitled to file her Elective Share against the Will.
FACTS AND ALLEGATIONS
A. CONFIDENTIAL RELATIONSHIP. FRAUD IN THE INDUCEMENT-
FAILURE TO DISCLOSE
13. Petitioner avers the Decedent and the Respondent secured counsel for the
Petitioner (specifically Karl E. Rominger of Rominger, Bayley, & Whare) in September
2000 to represent her in the execution of the Prenuptial Agreement (herein "Mr.
Rominger").
14. Petitioner did not engage Mr. Rominger.
15. Petitioner did not pay Mr. Rominger.
16. Petitioner lacked the intellectual capacity to understand or appreciate the
impact of executing the Prenuptial Agreement.
17. Petitioner relied upon Mr. Rominger to explain the Prenuptial Agreement
which he failed to do as part of his alleged representation.
18. The Decedent informed the Petitioner that Mr. Rominger's representation
was a "joke" and the Prenuptial Agreement as only being executed to appease Robert M.
Frey (the Decedent's business partner who had been insisting on such Prenuptial
Agreement).
19. The Decedent advised the Petitioner the Prenuptial Agreement was not valid.
20. The Decedent's referral (whether first hand or via Frey & Tiley) ofMr.
Rominger was a sham.
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21. Petitioner avers that Mr. Rominger engaged in an intentional course of
deception of the Petitioner that amounts to a malicious wanton and reckless disregard of the
Petitioner's rights.
22. Mr. Rominger failed to fully advise the Petitioner thereby preventing her
from making a well informed decision relating to the marital affairs of her husband's estate
and the Prenuptial Agreement.
23. Mr. Rominger was in a confidential relationship with the Petitioner and
therefore, had a duty to use the trust reposed upon him in good faith and not secure an
advantage for himself.
24. The Respondent and Mr. Frey were in a confidential relationship with the
Petitioner by virtue of his business relationship with the Decedent.
25. The Petitioner believed that Mr. Rominger would act in good faith for her
interest.
26. The Petitioner believed that the Respondent and Mr. Frey would act in good
faith for her interest.
27. The duty to inform a client is set forth in the Pennsylvania Rules of
Professional Conduct 1.4 (a).
28. Mr. Rominger never met with the Petitioner prior to the execution of the
Prenuptial Agreement.
29. Contemporaneous with the alleged representation by Mr. Rominger of the
Petitioner in September 2000, Mr. Rominger acquired the office building (specifically 155
South Hanover Street, Carlisle, Pennsylvania) (the "Office Complex") from the Decedent,
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who was also represented by the Respondent as part of an installment sale (the "Installment
Sale").
30. The Prenuptial Agreement does not disclose the mortgage or the sale of the
Office Complex, nor reference to the Installment Sale.
31. Mr. Rominger failed to disclose the Installment Sale.
32. The Decedent failed to disclose the Installment Sale.
33. Mr. Frey failed to disclose the Installment Sale.
34. Mr. Tiley failed to disclose the Installment Sale.
35. Upon valid information and belief, the Decedent requested Mr. Rominger to
not disclose the sale of the Office Complex to the Petitioner and conveyed to him, "he
would make it worth his while...".
36. Mr. Rominger also recently stated, "no one would cross Mr. Phillips...".
37. The Decedent advised the Petitioner he did not mind "taking down punk
attorneys like Rominger" and Petitioner believes the Decedent held Mr. Rominger under
duress.
38. Had Petitioner secured her own independent counsel, she would have had
adequate representation (or known that her counsel may have also been held in duress).
39. Mr. Rominger would often represent the Decedent in lieu of paying rent for
the Office Complex prior to the Installment Sale.
40. Mr. Rominger, an interested party, allegedly represented the Petitioner's
interest, but he was actually representing his own interest and that of the Decedent, the
Respondent, and Robert M. Frey.
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41. Mr. Rominger violated the duty of loyalty as he had a duty to disclose the
Installment Sale, his conflict, and his own duress.
42. Absent a waiver of the conflict with the Decedent, under Pennsylvania Rules
of Professional Conduct 1.7, Mr. Rominger is strictly prohibited from representing a client
when his personal or financial affairs conflict with or may compromise his objective advice.
43. Mr. Rominger's objectivity was compromised by the very nature ofthe
Installment Sale and his personal dealings with the Decedent.
44. Mr. Rominger failed to disclose his lack of objectivity.
45. Despite the egregious conflict of interest, the Respondent (along with the
Decedent) selected Mr. Rominger as counsel for the Petitioner knowing that Mr. Rominger
would not represent the interest of the Petitioner.
46. The Respondent and Mr. Frey took advantage of their confidential
relationship with the Petitioner.
47. If the Decedent truly intended on the Petitioner receiving adequate
representation, the Decedent would have permitted the Petitioner to secure true independent
counsel.
48. Pennsylvania Rules of Professional Conduct 8.4 provides an attorney may
not seek to violate the ethics rules through the actions of another.
49. The Respondent and Mr. Frey sought Mr. Rominger as counsel for the
Petitioner on behalf of the Decedent with their own interest in mind (indirectly of those of
the Decedent) and in conflict with those of the Petitioner, to obscure the rights of the
Petitioner and preserve their own interest.
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50. The Respondent and Mr. Frey aided Mr. Rominger in breach ofthe duty of
loyalty against the Petitioner.
51. The Petitioner did not have adequate counsel.
52. The Petitioner never met with Mr. Rominger to review the Prenuptial
Agreement.
53. On October 2, 2000, the Petitioner and the Decedent drove to the offices of
Frey & Tiley.
54. Mr. Rominger was not present at the time and had to be called to meet with
the Petitioner from his office down the street.
55. Upon arriving, the Petitioner met with Mr. Rominger for the first time.
56. The Petitioner did not review the Prenuptial Agreement prior to the meeting
with Mr. Rominger.
57. The Petitioner and Mr. Rominger met for ten minutes.
58. Mr. Rominger did not review the Prenuptial Agreement with the Petitioner.
59. Mr. Rominger did not discuss the contents of the Prenuptial Agreement.
60. Mr. Rominger failed to disclose the conflict of interest with the Petitioner.
61. Frey & Tiley prepared the Prenuptial Agreement.
62. After the execution of the Prenuptial Agreement, the Decedent and the
Petitioner left without a copy or an original.
63. Decedent told the Petitioner that the Prenuptial Agreement was ajoke and
not to worry.
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64. Mr. Rominger never sent an executed copy of the Prenuptial Agreement to
the Petitioner.
65. The Petitioner did not see the Prenuptial Agreement again until after the
death of the Decedent.
66. The Respondent, the Decedent, and Mr. Rominger engaged in a series of
collusive calculated steps to obscure the rights ofthe Petitioner, including exploiting the
confidential relationships with the Petitioner, to preserve their own pecuniary interest, and
but for the obscurification and the confidential relationships, the Petitioner would not have
executed the Prenuptial Agreement.
B. DURESS
67. Petitioner further avers she did not have the ability to say "no" to the
Prenuptial Agreement and was subject to duress.
68. Petitioner was abused physically and mentally as a child and suffers from
Post Traumatic Stress disorder.
69. The Petitioner's fingers were broken as punishment.
70. The Decedent knew of this illness and preyed upon the weakened intellect of
the Petitioner.
71. The Decedent mentally abused the Petitioner telling her he was the
"Godfather" and that if she left him, "he would take her out.. .".
n. Petitioner was subject to mental cruelty as the Decedent engaged in a series
of manipulative, calculated and vexatious steps that preyed upon the trauma that the
Petitioner endured during her life and her impuissance.
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73. The Petitioner's abuse renders her susceptible to manipulation.
74. The Decedent would often show the Petitioner a picture of himself with a gun
(Petitioner believes it to be as such) and ask the Petitioner if she knew the power he had (a
true and correct copy of the picture shown is attached hereto as Exhibit "e").
75. The Petitioner, out of fear for her own safety and that of her family, executed
the Prenuptial Agreement, not only premised upon the notion that it was a "joke", but also
out of fear that if she did not, she or her family would be harmed.
76. The Decedent would often reference other personal assistants in the past that
he had ruined and asked the Petitioner if she was desirous of ending up like them.
77. The Petitioner first formally met the Decedent answering an ad for a personal
assistant in late February 2000.
78. The Decedent engaged the services of the Petitioner shortly thereafter as a
personal assistant.
79. Before moving in with the Decedent in March 2000, the Petitioner was
involved in a series of velitations with unaffiliated third parties regarding her pet business of
which the Respondent assisted the Petitioner by providing nominal financial and legal
assistance.
80. Shortly thereafter (approximately the first week of March 2000), the
Petitioner moved in and started employment as a personal assistant.
81. Within only one week, the Decedent began holding the Petitioner out as his
wife.
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82. As evidence of the marital relationship, on March 13,2001, the Decedent
gave Petitioner the attached letter documenting the anniversary date (see attached Exhibit
"D").
83. Moreover, the Decedent gave the Petitioner a charm bracelet engraved March
13,2000 as the anniversary date.
84. Shortly after her arrival, the Decedent began to leverage his prior legal
assistance against the Petitioner.
85. By the end of March 2000, the Decedent enjoined the Petitioner from
speaking with her friends outside of the homestead.
86. The Decedent refused to allow the Petitioner to receive any mail and would
intercept any mail intended for her.
87. The Decedent began to mentally abuse the Petitioner by not allowing her out
of the house without him being present.
88. By the end of March 2000, the Decedent forbade the Petitioner from sitting
on the front porch of the homestead.
89. By the end of March 2000, the Decedent forbade the Petitioner from
answering the door of the homestead.
90. The Decedent forbade the Petitioner from calling or answering the phone.
91. The Decedent forbade the Petitioner from writing letters to friends.
92. The Decedent forbade the Petitioner from drinking more than two sodas a
day.
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93. The Decedent began to mentally abuse the Petitioner by calling her a ding
bat, a dumb whore and other vexatious epithets.
94. The Decedent began to also make racial epithets in not only describing the
Petitioner, but also others who worked for him or other family members.
95. The Petitioner began to fear for her own personal safety, and feared that if
she left, she or her family would be harmed.
96. All of the above acts took place before the execution of the Prenuptial
Agreement, and the Petitioner feared that if she did not execute the Prenuptial Agreement,
she would be harmed.
97. Petitioner avers that the Prenuptial Agreement is a product of exploited
confidential relationships, conspired fraud (including lack of full disclosure) and duress.
98. But for the confidential relationships, conspired fraud and duress, Petitioner
would not have executed the Prenuptial Agreement.
WHEREFORE THE PETITIONER REQUESTS THE FOLLOWING RELIEF:
1) The Prenuptial Agreement be set aside for the reasons set forth above and the
Elective Share of the Decedent's estate be distributed to the Petitioner.
2) Respondent provide an accounting for all actions from the date of death until
the date hereof; and
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3) Such other relief as the court deems proper.
Respectfully submitted,
Date: v/? 2-/ l.>L
JA3MES' S~ITH' D1EITERICK & CONNELLY, LLP
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By: ,//
Neil W. Yahn, E quire
Attorn~ J.D. No. 2278
P.O. B x 650
Hershey, 033
(717) 533-3280
Attorneys for Petitioner
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VERIFICATION
I, Alice R. Phillips, verifY that the facts set forth in the foregoing document are true
and correct to the best of my information, knowledge and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. S4904, relating to unsworn
falsification to authorities.
Date:
<j /2. z J be.
A~Ph~r f!~
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LAST WILL AND TESTAMENT
OF
LINWOOD B. PHILLIPS, JR.
I, LINWOOD B. PIDLLIPS, JR., of Dickinson Township (mailing address: 93 Encks
Mill Road, Carlisle, Pennsylvania 17013), Cumberland County, Pennsylvania, being of sound
and disposing mind, memory and understanding, do hereby make, publish and declare this as and
for my Last Will and Testament hereby revoking and making void any and all Wills by me at any
time heretofore made.
I. I direct my hereinafter named Executor or Executrix to pay all of my just debts and
funeral expenses as soon after my death as may be found convenient to do so. I further direct
that my funeral services be conducted by Ewing Brothers Funeral Home, 630 South Hanover
Street, Carlisle, Pennsylvania in a manner substantially similar to the arrangements which I made
for my wife Edna Lucille Phillips and that my body be interred beside her grave on my burial lot
in Cumberland Valley Memorial Gardens located along Governor Ritner Highway near the
Borough of Carlisle, Pennsylvania. I further direct that on Lot 8C- I the same shall be reserved
for the burial of my wife, Alice Renee Phillips, her body to be located at the head of my body
and a headstone placed there substantially the same as the headstone marker at my grave.
2. I direct that all inheritance, transfer, succession, estate and death taxes which may be
payable on account of my death shaH be payable from the assets which give rise to such taxes
and charged to the person or persons receiving the assets.
3. I give, devise, and bequeath to my hereinafter Trustee, his successors and assigns, in
trust, the maximum amount which will qualify for the unified credit for federal estate tax which
is presently $1,000,000.00 and scheduled to reach $3,500,000.00, to be divided into equal shares
for each of my four children who are LINDA 1. STULL, LINWOOD B. PHILLIPS, Ill, MERLE
R. PHILLIPS AND ALLEN W. PHILLIPS, provided each one so sharing shall survive me by a
period of ninety (90) days, but should any of them fail to so survive me then the provision .for
such deceased child shall lapse unless such deceased child shall have legitimate issue .'as
hereinafter defined who shall survive me by a period of ninety (90) days, in which case the
provisions for the deceased child of mine shall be divided between or among such legitimate
issue, per stirpes. The share allocated for each child of mine as above provided shall be invested
by my hereinafter named Trustee and each child of mine shaH receive from income and principal
the sum of at least $12,000.00 per year or each child's share of the income, whichever shall be
greater. If the amount allocated for each child of mine shall be invested in any mutual fund or
funds, my Trustee is authorized and directed to allocate any ordinary income distributions and
any capital gain distributions partly or wholly to principal or to distributable income as the
Trustee shall deem best. Upon the death of the child of mine for whom the share has been
allocated, any balance remaining in that child's share shall be paid to his or her legitimate issue
as hereinafter defined who shall survive that child, per stirpes, and if there be no such legitimate
issue as hereinafter defined, then the same shaH be added to the shares of my other children. If
one or more of the other shares have been distributed to the issue of that child for whom such
share was held, then the amount which would have been added to such share shall be distributed
to the then living legitimate issue as hereinafter defmed of the child of mine whose share had
been distributed.
The meaning of "legitimate issue" as used above shall be limited to a child or children
whether legitimate of not who were born to a female descendant of Testator, and shall be limited
to a child or children born to a male descendant of Testator where the father of such child or
children was married to the mother either before or after the birth of such child or children. In
any case, the meaning of "child" or "children" or "legitimate issue" as used above shaH not
include any adopted child or children.
No title in any Trust hereby created, or in tlre--income accruing therefrom, or in its
accumulation, shall vest in any beneficiary and no beneficiary shall have the right or power to
transfer, assign, anticipate or encumber his or her interest in said Trust, or the income therefrom
prior to the actual distribution thereof by the Trustees to such beneficiary. Further, neither the
income nor the principal of said Trust shall be liable in any manner, in the possession of the
Trustees, for the debts, contracts or engagements of any of the beneficiaries.
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4. If at the time of my death I am married to Alice R. Phillips and if she survives me, I
give, devise, and bequeath to my hereinafter named Trustee, his successors and assigns, in Trust,
my residence at 93 Encks Mill Road in Dickinson Township in Cumberland County,
Pennsylvania, together with its curtiIedge and in addition the duplex dwelling house adjacent
thereto, and a garden house and garage building but not the various farm buildings and acreage,
together with the sum of $2,000,000.00, (Two Million Dollars) the income from which shall be
used for the benefit of my wife, ALICEk PHILLIPS, she to have the right to occupy the
principal residence and the income to be used to pay real estate taxes and hazard insurance with
appropriate limits of coverage, make all necessary repairs and maintain both the buildings and
grounds, and the income in excess of that required for these purposes shall be paid at regular
intervals, at least annually, to or for the benefit of my wife Alice R. Phillips. Upon the death of
my wife, Alice R. Phillips, the assets of this Trust shall be retained by my hereinafter named
Trustee, his successors and assigns, in Trust and the income and principal distributed as provided
in the Trust established in paragraph no. 3 hereinabove.
;1
I direct my Executor to elect under Intemal Revenue Code Section 2056 to qualify this
Trust set forth in paragraph no. 4 above for the Federal Estate Tax marital deduction, limited,
however to those assets which otherwise would qualify for the marital deduction if transferred to
my wife, Alice R. Phillips and to elect to have this Trust treated as a qualified terminable interest
Trust (QTIP).
5. All of the rest, residue and remainder of my Estate, real, personal and mixed, and
wheresoever the same may be situate, I give, devise and bequeath to my hereinafter named
Trustee, his successors and assigns, in Trust as a separate Trust to be held by him for the benefit
of my four children as provided in paragraph no. 3 above, and the income and principal of this
Trust shall be held and distributed in the same manner as provided in said paragraph number 3
above. Should the Trustee find it necessary or desirable to combine the assets of this Trust with
the assets of the Trust provided in paragraph number 3 above if such combining is advantageous
to the operation ofthe Trust and its beneficiaries.
6. Any share or portion of a share of any Trust created hereunder, or any other property
of mine that is not disposed of under any other provision of this Will, shall go and be distributed
to the persons who would constitute my heirs-at-Iaw had I died ninety (90) days after my actual
date of death, intestate and unmarried.
7. If my wife and I should die under such circumstances that the order of our deaths
cannot be established by proof, it shall be presumed that my wife survived me.
8. I hereby nominate, constitute and appoint my friend's son, ROBERT G. FREY as
Executor of this my Last Will and Testament, but should he predecease me or fail to qualify or
cease serving as such, then in such event I nominate, constitute and appoint my daughter LINDA
A. STULL as alternate or successor Executrix and I further direct that neither of them shall be
required to post any bond to secure the faithful perfonnance of his or her duties in the
Commonwealth of Pennsylvania or in any other jurisdiction.
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9. I hereby nominate, constitute, and appoint my friend's son ROBERT G. FREY as
Trustee of all the Trusts hereinbefore set forth. The compensation of said Trustee and of his
successors, shall be limited to a total of one-half of I % of the value of the cOIpus of the Trust
calculated annually as of December 31st of the immediately preceding year. In any year in
which said Trustee declines or fails to accept compensation, the same shall be deemed waived
and shall not be accumulated for payment in a future year.
10. In addition to the powers conferred by law, my hereinbefore named Executor and
Trustee, and his successors, are empowered:
a. To invest any part of the trust corpus in such securities, investments, or other
property as may be deemed advisable and proper, irrespective of whether the same are
authorized for the investment of trust funds under the laws of any governing jurisdiction.
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b. With respect to any corporation, the stocks, bonds, or other securities of which
may be held, to vote in person or by proxy on :my shares of stock; to con~ent to the ~erger,
consolidation or reorganization of such corporatIOns; to consent to the leasIng, mortgagIng or
sale of the property of any such corporations; to make any surrender, exchange or substitution of
such stocks, bonds or other securities as an incident to the merger, consolidation or
reorganization of such corporations; to pay all assessments, subscriptions and other sums of
money which may be deemed wise and expedient for the protection and maintenance of the
proportionate interest of the investment in s~h corporations; to exercise any option or privilege
which may be conferred upon the holders of such stocks, bonds, or other securities of such
corporations either for the conversion of the same into other securities or for the purchase of
additional securities, and to make any and all necessary payments which may be required in
connection therewith; and generally to have and exercise as to all such stocks, bonds and other
securities, the powers of an individual owner who is not under trust obligation.
c. To hold the trust corpus in one or more consolidated funds in which separate
shares shall have undivided interests.
d. To sell at public or private sale for cash or upon credit, or partly for cash and
partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts
of my estate or the trust estate, and no purchaser at any such sale shall be bound to inquire into
the expediency or propriety of any such sale or to see to the application of the purchase moneys
arising therefrom.
e. To keep on hand and uninvested such money as may be deemed proper and for
such period as may be found expedient.
f. To compromise, settle or arbitrate any claim or demand in favor of or against my
estate or the trust estate.
g. And authorized in the discharge of fiduciary duties, to employ counsel and to
determine and to pay such counsel reasonable compensation which shall be charged against, the
principal or income of the trust fund, and shall further be entitled to charge against the principal
or income such other reasonable expenses and charges as may be necessary and proper to incur
for the proper discharge of fiduciary duties and for the proper management and administration of
the trust estate.
h. In making any division of property into shares for the purpose of any distribution
thereof directed by the provisions of the trust, to make such division or distribution, either in
cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in
making any division or distribution in kind may allot any specific security or property or any
undivided interest therein to anyone or more of such shares, and to that end may appraise any or
all of the property so to be allotted and the judgment as to the propriety of such allotment and as
to the relative value for purposes of distribution of the securities or property so allotted shall be
final and conclusive upon all persons interested in the trust or in the division or distribution
thereo f.
i. And authorized to register any shares of stock or other assets of any trust in their
own names or in the name of a nominee.
J. To retain and invest in shares of stock of my Trustee.
k. To retain any investments including mutual funds which I may own at the time of
my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual
funds as may be deemed advisable or proper, irrespective of whether the same are authorized for
the investment of trust funds under the laws of any governing jurisdiction.
1. To determine from time to time whether aU or some portion of realized capital
gains shall be treated as ordinary income for distribution to a beneficiary or treated as principal
to be retained as part of the corpus, and such designation need not be consistent from one year to
another.
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IN WITNESS WHEREOF, I hay: h~r;,~;o set nv ~~d _and _s~al to 1l?-is my Last Will and
Testament written on three (3) pages, thitj'LYlUay of 7 fltUl{!lr:JOOT:
CJCD5
----;:;7~~ /3~.P~ - -h (SEAL)
Linwood B. Phillips, Jr. ~
Signed, sealed, published, and declared by LINWOOD B. PHILLIPS, JR., the Testator
above named, as and for his Last Will and Testament, in our presence, who, in his presence, at
his request, and in the presence of each other, have hereunto subscribed our names as attesting
witnesses.
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Page 4 of 4 Pages
FIRST CODICIL TO LAST WILL AND
TESTAMENT OF LINWOOD B. PHILLIPS, ."[&
DATED MARCH 3,2005
I, LINWOOD B. PHILLIPS, JR., of Dickinson Township (mailing address: 93 Encks
Mill Road, Carlisle, PA 17013), Cumberland County, Pennsylvania, being of sound and
disposing mind, memory and understanding, do hereby make, publish, and declare this as
and for a First Codicil to my Last Will and Testament dated March 3, 2005.
4. I hereby revoke in its entirety paragraph number four (4) of said Last Will
and Testament dated March 3, 2005, and substitute therefore the following:
If at the time of my death I am married to Alice R. Phillips and if she survives me,
I give devise and bequeath to my Trustee named in paragraph number eight (8) of said
Last Will and Testament, his successors and assigns, whatever dwelling house and lot of
ground I'may have hereafter had constructed or acquired, it being my intention to have
constructed a dwelling house on one of my lots located in the Subdivision known as
Clarendon, in Dickinson Township, Cumberland County, Pennsylvania, which house and
lot of ground shall be used for the benefit of my wife, Alice R. Phillips, she to have a life
estate in the same so long as she shall live, and in addition, I give devise and bequeath to
said Trustee the sum of $2,000,000.00 in trust, the income from which or 5% of the
princi pal thereof as of Decem ber 31 st of the year preceding the year of distri bution to her,
whichever shall be larger, which shall be used for the benefit of my wife, Alice R.
Phillips, so long as she shall live, she to have the right to occupy said house and lot of
land and said income shall be used to pay real estate taxes and hazard insurance with
appropriate limits of coverage, and for the making of all necessary repairs and
maintenance of the buildings and land, and the income in excess of that required for these
purposes shall be paid to her or for her benefit at regular intervals, at least annually.
UPOl1 the death of my wife Alice R. Phillips, the assets of this trust shall be retained by
my said Trustee, his successors and assigns, in trust, and the income and principal
distributed as provided in the trust established in paragraph number three (3) of my said
Last Will and Testament dated March 3, 2005. In the event that I have not constructed a
dwelling house on one of my lots in Clarendon, Dickinson Township, Cumberland
County, Pennsylvania, then I direct my Executor to do so for use by my wife, or to
acquire a suitable dwelling elsewhere in which she shall have a life estate, cost of which
shall not exceed $300,000.00 if a new house is constructed or $350,000.00 if a house and
lot are purchased, which shall be in addition to the $2,000, 000.00 to be held in trust as
above provided.
I direct my Executor to elect under Internal Revenue Code Section 2056 to
qualify this trust as set forth in this paragraph number four (4) above for the Federal
Estate Tax Marital Deduction, limited, however, to those assets which otherwise would
First Codicil to Last Will and Testament of
Linwood B. Phillips, Jr.
Page I of2
~/5~rr~
qualify for the marital deduction if transferred to my wife Alice R. Phillips and to elect to
have this trust treated as a Qualified Terminable Interest Trust (QTIP).
Except as hereinabove provided, I hereby ratify and affirm the provisions of my
said Last Will and Testament dated March 3, 2005.
IN WITNESS WHEREOF, I have hereunto set my hand and seal 1!f!!1 First
~ast Will and Testament, dated March 3, 2005, on this I day of
'J-eJL./ ,2005.
,
~/$~ -h.
LINWOOD B. PHILLIPS, JR. u
(SEAL)
Signed, sealed, published and declared by LINWOOD B. PHILLIPS, JR., the
Testator above named, as and for a First Codicil to his Last Will and Testament dated
March 3, 2005, in our presence, who in his presence, at his request, and in the presence of
each other have her.eunto subscribed our names as attesting witnesses.
~-~, ?>\
First Codicil to Last Will and Testament of
Linwood B. Phillips, Jr.
Page 2 of2
SECOND CODICIL TO LAST WILL AND
TESTAMENT OF LINWOOD B. PHILLIPS. JR.
DATED MARCH 3.2005
I, LINWOOD B. PHILLIPS, JR., of Dickinson Township (mailing address: 93 Encks
Mill Road, Carlisle, PA 17013), Cumberland County, Pennsylvania, being of sound and disposing
mind, memory and understanding, do hereby make, publish, and declare this as and for a Second
Codicil to my Last Will and Testament dated March 3, 2005.
A. If at the time of my death I am married to Alice R. Phillips and if she survives
me, until such time as she shall actually occupy the dwelling house contemplated to be acquired
either by new construction or purchase of an existing house and lot of ground, etc., as provided in
the First Codicil to my Last Will and Testament which Codicil is dated November 17,2005, I
direct that Alice R. Phillips shall have the right to occupy my residence at 93 Encks Mill Road in
Dickinson Township, in Cumberland County, Pennsylvania, together with its curtilege and in
addition the duplex dwelling house adjacent thereto, and a garden house and garage building, and
garden area and pond located between said dwelling house and Encks Mill Road, but not the
various farm buildings and acreage. During the time my wife Alice R. Phillips shall choose to
occupy this property"she shall be responsible for paying the real estate taxes and hazard
insurance with the appropriate limits of coverage, make all necessary repairs, and maintain both
the buildings and grounds, applying the income from the duplex dwelling houses and any other
income generated by the premises to these expenses. All expenses in excess of that generated
from said duplex dwelling house and any other income generated from the premises, shall be paid
from the Trust fund provided for her as set forth in the First Codicil to my Last Will and
Testament dated November 17,2005.
It is my expectation that my said wife Alice R. Phillips shall choose to occupy the
residence contemplated to be constructed or acquired as set forth in said First Codicil to my Last
Will and Testament, and upon her choosing to do so, the right to occupy the property herein
provided at 93 Encks Mill Road shall terminate.
B. No title in any Trust created under any provision of my Last Will and Testament
dated March 3, 2005 or in the First Codicil to said Last Will and Testament dated November 17,
2005, or in the within Second Codicil to said Last Will and Testament, or in any future Codicil to
said Last Will and Testament, or in the income accruing therefrom, or in its accumulation, shall
vest in any beneficiar.y and no beneficiary shall have the right or power to transfer, assign,
anticipate or encumber his or her interest in such Trust or Trusts, or in the income therefrom prior
to the actual distribution thereof by the Trustee or Trustees to such beneficiary. Furthermore,
neither the income, nor the principal of any such Trust shall be liable in any manner, in the
possession of the Trustee or Trustees, for the debts, contracts or engagements of any of the
beneficiaries.
C. Except as hereinabove provided, I hereby ratify and affirm the provisions of my
said Last Will and Testament dated March 3, 2005, and the provisions of the First Codicil to my
said Last Will and Testament dated November 17,2005.
IN WITNESS WHEREOF, I have hereunto set my hand.,!nd seal to this Second Codicil
to my Last Will and Testament, dated March 3,2005, on this ~~ay of Nmcmbtr, 2005.
p~
- ~
~~/3 6"~..(~L)
LINWOOD B. PHILLIPS, JR. ;r-,
Signed, sealed, published and declared by LINWOOD B. PHILLIPS, JR., the Testator
above named, as and for a Second Codicil to his Last Will and Testament dated March 3, 2005, in
our presence, who in his presence, at his request, and in the presence of each other have hereunto
subscribed our names as attesting witnesses.
~ --r-~.. t?l-.~
(j~R~
-
PRE. NUPTIAL AGREEMENT
Ccloocr
ENTERED INTO THIS Bhd. day of Sept~meer, 2000, between, Linwood
B. Phillips, Jr., of Dickinson Township, Cumberland County, Pennsylvania (mailing address: 93
Encks Mill Road, Carlisle, Pennsylvania 17013), hereinafter known as "HUSBAND",
AND
Alice R. Mountz, of Dickinson Township, Cumberland County, Pennsylvania (mailing
address: 93 Encks Mill Road, Carlisle, Pennsylvania 17013), hereinafter known as "WIFE",
WITNESSETH: That in consideration of the terms and conditions herein set forth, and in
contemplation and consideration of the contemplated marriage of HUSBAND and WIFE to each
other, they do agree as follows:
1. The parties to this Agreement intend and desire to define their respective rights in the
property of the other, and to avoid such interest which, except for the operation of this Agreement,
they might acquire in the property of the other as incidents of their marriage relationship.
2. HUSBAND was born on July 28, 1925, and has four children, who are Linda L.
Stull, Linwood B. Phillips, ill, Walter Allen Phillips, and Merle R. Phillips.
. rq2li
3. WIFE was born on December 11, :J:.9.3.5, and has three children, who are Harold C.
Mirabito, Sr., Dawn Marei Hamel, and Paula George.
4. HUSBAND is presently retired. WIFE is presently retired.
5. Attached hereto and marked Exhibit "A" is a statement of substantially all of the
assets of HUSBAND presently owned by him and in addition sets forth his expectancies.
6. Attached hereto and marked Exhibit "B" is a statement of substantially all of the
assets of WIFE presently owned by her and in addition sets forth her expectancies.
7. This Agreement is entered into in consideration of marriage, and its effectiveness is
expressly conditioned on such marriage between the parties actually taking place, and if, for any
reason, the marriage is not consuIIlil1ated, this Agreement will be of no force or effect.
8. HUSBAND and WIFE do hereby admit and acknowledge that each has been
represented by independent counsel.in the negotiation of this Agreement; that the counsel
representing each party was of his or her own choosing; and that this Agreement has been read by
each of the parties and has been explained to each of them by such counsel as to its meaning and
legal consequences.
9. Except as herein provided, HUSBAND does hereby covenant and agree with WIFE
that HUSBAND will neither during the lifetime of WIFE nor after her death take, claim, demand or
receive, and does hereby waive and release all rights, claims, titles and interests, actual, inchoate, or
contingent, in law an equity which HUSBAND might, by reason of his marriage to WIFE, acquire
in her property or estate, including but not limited to:
a. All of the assets listed on Exhibit "B" attached hereto plus all income which
may be earned and accumulated on such assets, the appreciation in value of said assets, and
the proceeds of sale or liquidation of any of said assets and the reinvestment of such
-
proceeds in other assets;
b. Right or claim of dower or curtesy or any statutory substitute therefor as
provided by the statutes of the state in which the parties or either of them might die
domiciled;
c. The right to aI).y distributive share in the estate of WIFE should she die intestate;
d. The right to take against the Will of WIFE, his prospective spouse;
e. The right to act as Administrator or Executor, either alone or jointly with others,
of the estate of WIFE, unless nominated by WIFE;
f. The right to seek support from WIFE;
g. The right of claim of any alimony in the event of termination of the
contemplated marriage of the parties prior to the death of either of them, by divorce or
otherwise.
10. Except as herein provided, WIFE does hereby covenant and agree with HUSBAND
that WIFE will neither during the lifetime of HUSBAND nor after his death take, claim, demand or
receive, and does hereby waive and release all rights, claims, titles and interests, actual, inchoate, or
contingent, in law an equity which WIFE might, by reason of her marriage to HUSBAND, acquire
in his property or estate, including but not limited to:
a. All of the assets listed on Exhibit "A" attached hereto plus all income which
may be earned and accumulated on such assets, as well as the proceeds of sale or liquidation
of any of said assets and the reinvestment of such proceeds in other assets;
b. Right or claim of dower or curtesy or any statutory substitute therefor as
provided by the statutes of the state in which the parties or either of them might die
domiciled;
,. . c., The right to any distributive share in the estate of HUSBAND should he die
intestate;
d. The right to take against the Will of HUSBAND, her prospective spouse;
e. The right to act as Administrator or Executrix, either alone or jointly with others,
of the estate of HUSBAND, unless nominated by HUSBAND;
f. The right to seek support, future support or benefit from HUSBAND;
g. The right of claim of any alimony in the event of termination of the
contemplated marriage of the parties prior to the death of either of them, by divorce or
otherwise.
11. If the marriage ends prior to the death of either HUSBAND or WIFE, WIFE shall be
entitled to a lump sum payment calculated as $1,000.00 times the number of whole months between
the date of marriage and the date of separation. Thereafter, WIFE shall be entitled to receive
$2,000.00 per month for support until such time as she remarries, or until such time as either party
dies, whichever event shall first occur. Provided, however, that if any trust is created by
HUSBAND for the benefit of WIFE and is designated as being for her support during her lifetime,
any distributions from said trust to WIFE shall be credited toward the payments of monthly
.
support from HUSBAND for purposes of this paragraph.
12. If WIFE survives HUSBAND, WIFE shall be entitled to a support payment of
$3,000.00 per month, to be adjusted annually, beginning on the first anniversary of the death of
HUSBAND, by multiplying the monthly support payable for the preceding year by a fraction,
the numerator of which shall be the Consumer Price Index for the current year, and the
denominator of which shall be the Consumer Price Index for the preceding year, which amount
shall then be payable for the succeeding twelve equal monthly support payments. Provided,
however, that if any trust is created by HUSBAND for the benefit of WIFE and is designated as
being for her support during her lifetime, any distributions from said trust to WIFE shall be
credited toward the payments of monthly support from HUSBAND for purposes of this paragraph.
13. All other assets which HUSBAND and WIFE may have acquired or hereafter acquire
which are acquired jointly by HUSBAND and WIFE as tenants in common or as joint tenants with
the right of survivorship or as tenants by the entirety, in the absence of a specific designation of
their interests in such assets being other than equal, then same shall be deemed to be equal and shall
be treated as marital property.
"
14. HUSBAND and WIFE each agree that nothing herein contained shall be deemed to
deprive any child born of their contemplated marriage from the right to support by either or both
HUSBAND and WIFE.
15. HUSBAND and WIFE covenant that each shall willingly, at the request of either
party, or at the request of his or her successors or assigns, execute, deliver and properly
acknowledge whatever additional instruments may be required or convenient to carry out the
intention of this Agreement, and shall execute, deliver and properly acknowledge any deeds or other
documents in order that good and marketable title to any property can be conveyed by one party or
the estate of that party free from any claim of the other party.
16. Nothing herein contained shall preclude or prevent either HUSBAND or WIFE from
making inter vivos transfer or testamentary bequests to each other which may be more generous
than anything provided herein, provided that any such intervivos transfer shall clearly indicate in
writing that such transfer is intended to alter the terms of this Agreement to the extent of such
transfer.
INTENDING TO BE LEGALLY BOUND HEREBY, the parties hereto have executed
this Agreement on the day and year first hereinabove written.
~..o--~/8 ~EAL)
Linwood B. Phillips, Jr.
~~~<. ~ ?P--~
Alice R. Mount
(SEAL)
~
~Ul Sed
..>
Balances as of September 15, 2000
Current Value Est. Future Value
Orrstown Bank -
Hometown Investment Account $ 250,000.00 $ 875,500.00
Orrstown Bank -
Certificate of Deposit #508-59700 $2,250,000.00 $2,250,000.00
Expires 9 (13 (2002
Orrstown Bank
Stock (14,584 shares @ $42) 612,528.00 765,660.00
Adams County National Bank
Stock (3,048 shares @ $18.50) 56,388.00 70,485.00
Tressler Lutheran Services
Municipal Bond (matures 1(1(02) 100,000.00 100,000.00
Orrstown checking account 1.453.36 1.500.00
TOTAL
.$3,270369.36
.$4,063.145.00
*** 899 Emily Drive,
Mechanicsburg, PA
$ 90,000.00
$112,500.00
'-""-~-~'-""'~"'-"'"""""""" ,~~ .,._'_vv......","1'"..""..-,.."'~.,._."~."~.."'=...".,..","'"'~~"';_.,,.., '-'-'.. -'-""-~~""""""~''''7''''''''''''
.-11 ~0 MON 08:58 AM ~MLLLLr~ - ..
..
Edlu Corporation pl"Operties:
South Middleton Twp. (Baker fanrl{ficld tiext
to Western Village - :L5 acres +/-)
Phillips portion
Ev.~ngfat-m (Middlesel< Twp. Wolfs Bridg~
Road - 100 acres +f-) Phillips portion
wert farm (Wolf's Bridge Road - 100 acres
+(.) pnlHips portion
Snug HarDor{Cavalty Road (9 acres +1.)
Phllltps portion
Wertz Run Road (slate bank 8 acres +(.)
PhHlips portion
Baker Fann (Walnut Bottom R.oad north
To Allen Road. 90 acres +/.) Phillips'
Portion
Lutz farm (DeKo beside Montsera grocery
Store - Pine Road - 2 acres +f-)
phillips portion
South Middleton TO\olmship (along west side of
Road to Western village - 8 acres + (a)
phillips portion
Ashley Place - Holly Pike (3 acres +(-) Phillips portion
Lots 46 and 1{.7. spring Road, North Middleton TWp.
Phillips portion
Gilliard land (South Middleton Township mountain
Ground (19 acres +1-) Phillips portion
Gilliard land (Mt. Holly mountain ground)
Phillips portion
Gilliard land (Route 94, South Middleton Twp)
phillips portion
Curn:mt Value
Est. Future Value
$ 300,000,00
$375,000,00
$ 600,000.00
$ 750pOO.OO
$ 600,000,00
$750,000.00
$. 175,000.00
$218..750.00
$ 50pOO.OO
$62,500.00
$5,000,000.00
$6,:250,000.00
$ 7,500.00
$9,375.00
$ 100,000.00 $125.000.00
$ 200,000.00 $250,000.00
$ W,oOO.OO $50,OOa,oo
$ 50,000.00 $62,500.00
$ 30.000.00 $37,500.00
$ 20,000.00 $25,000.00
J. 1 00 t11Jt.~ 0:8: 5'S' Hl'l r n.&.. L...1-.l. I '-' _.
Huntington TownshlPI Adams Co. (58 acres +/- near
Heidlel"sburg) phillips portion
Wan"ington TowtiShlp (20 acres +(. off Fickes
Road near Dillsbv.rg) Phillips portlor,
Shughart land (10 acres +(- north side of t81
Abutting Royer farm) Phillips portion
Smith farm (110 acres +(- along Adams Road
SMT, adjoining DDDZPf farms) phillips portion
2ltLt Burnt House Road (5 +f- acres)
Ef'lck.s Mill Road (89 +/- acres) She.affer farm
Enck's Mill Road (61 +f- acres) white farm
walnut Bottom Road (36 +(- acres) March farm
Richland Road (21.58 acres)
walnut Bottom Road (139 acres) Enord farm
W. Yellow Breeches Road (7.8 acres)
Montsera Road (1.723 acres)
Montsera Road (6 acres)
93 Enck's Mill Road (97.438 acres) land
House
DupleK
Garage
Hog operation
Montsera Road (59.79 acres) Ale)(ander farm land
Buildings
Locust Lane (122 acres +) Hoffer farm land
Buildings
Ste'r'latt Fam (100 acres +/-)
TOTAL:
$ 150,000.00
$187..500.00
$ 100,000.00
$125,000.00
$ 75.000.00
$93,750.00
$ 800,000.00
S 1,000,000.00
$ 245,000.00
$ 800,000.00
$ 800,000.00
$ 200,000.00
$ 200,000.00
$ 800,000.00
$ 60,000.00
$ 25,000.00
$ I.!-S,OOO.OO
$ 900,000.00
1.600,000.00
350,000.00
75pOO.OO
7,157,000.00
$ 400,000.00
125,000.00
$ 900,000.00
897,000.00
$ 600,000.00
$24..676.500.00
$306,250.00
$1,000,000.00
$1,000,000.00
$250,000.00
$250.000.00
$1,000,000.00
$60,000.00
$31,250.00
$56,250.00
$1,125,000.00
$2,250,000.00
$4--37,500.00
$93.750.00
$8,9406,250.00
$500,000.00
$156,250.00
$1,125,000.00
$1,121,250.00
$750,000.00
$30,84~_62:;.OO
-ll-ee MON ee:~9 AM PHILLIPS & FREY
7L72451695
F'.04
Balances as of September 1) 2000
Current Vah~e Est. Future Value
Orrstown Bank -
Hometown Investment Account $ 2,556~205.89 $3.195,257.36
Orrstown Bank
stock (14,584 shares @ $42) 612.528.00 765,660.00
Adams County National Bank
Stock (3,048 shares @ $18.50) 56,388.00 70.4-85.00
Tressler Lutneran Services
Municipal Bond (matur~s 1(1(02) 100,000.00 100,000.00
Orrstown checking account 1,4-53.36 b2.QQ.OO
TOTAL
U326,S75.2.5
RJ32.902.36
11-00 MON 09:00 AM PHILLIPS G FREY
71724:5169:5
F'. t1::.
ANNENDAl-E LOT$:
LOT # GROSS AREA SEFTIC CURRENT VALUE EST. FUTURE VALUE
1 405,785.83 sq. ft. sand mound $43,900.00 $S~,875.00
2 42,589.79 sand mound $43,900.00 $54-,875.00
3 47,242,13 sand mound $43,900.00 $54,875.00
4- 4lt,901t86 sand mound $44,900.00 $56,125.00
5 43.135.78 sand mound $4lf.,900.00 $56,12.5.00
6 51,12J~.66 sand mound $4~,900.00 $56,125.00
~ 43,265.73 sand mound $4t!-,900.00 $56,125.00
I
8 54-,938.02 sand mound $44,900.00 $56,125.00
9 54-,390.19 sand mound $4lJ.,900.00 $56,125.00
10 49,8814-.02 sand mound $43,900.00 $54,875.00
11 55,,818.18 sand mound $44-,900.00 $56,125.00
12 50,391.35 sand mound $44,900.00 $56,125.00
13 44-,910.85 sand mound $44,900.00 $56J125.00
14 48)t08.33 sand mound $'+4,900.00 $56,125.00
15 53,9L1-Ll-.79 sand mound $44,900.00 $56,125.00
16 48,306.12 sand mound $43,900.00 $5.q.,875.00
17 50)929.77 sand mound $.q.3~900.00 $54,875.00
18 89.99.q...36 sand mound $46,900.00 $58,625.00
19 53,601.70 sand mound $4-3,900.00 $54,875.00
20 4-3.875.00 sand mound $4-4,900.00 $56,115.00
23 45~115.82 sand mound $4-3J900.00 $51+.875.00
24- lJ.l,967.B8 sand mound $43,900.00 $54,875.00
26 54.4-4-5.44 sand mound $43,900.00 $5lJ-.875.00
27 49,937.31 sand mound $4-4,900.00 $56,125.00
-11-0D MON 09:00 AM PHILLIPS S FREY
717Z~,~.lJ::.-='.::'
28 471466.95 sand mound $1I.3.900.00 $54,875.00
29 tf.5)861.15 sand mound $43,900.00 $54J875.00
30 50,956.30 sand mOlAnd $4-4,900.00 $56,125.00
31 Ll-8,076.44 sand mound $44,900.00 $56,125.00
32 40,B40.54 sand mound $43,900.00 $54,875.00
TOTAL $1,2.91,100 $1,613,875
L.B.'s ONE-HALf-'
~45,550
.$806.937.50
,1-00 MON 09:B0 AM PHILLIPS & FREY
71724316'3:=.
F'.07
CLARENDON PRICE LIST
LOT # SALE PR.ICE GROSS/NET SQ.FT. SEPTIC EST. FUTURE VALUE
(with/without easement)
#1 $49,900 60,163 sq. ft. sand mound $62,375.00
#7 $lI-9,900 60,002 sand mound $62,375.00
#8 $50,900 66,133 in-ground $63,625.00
#9 $49,900 60,097 sand {w. den it. $62,375.00
#10 $52,900 60,265 in-gt-o\md $66,125.00
#11 $52~900 60,008 sand mound $66,125.00
#12 $52.,900 68,100 I 60,010 in.ground $66,125.00
#13 $52,900 63,228 in-ground $66,125.00
#1lJ. $54,900 70,880 f 60,922 sand mound $66,125.00
#15 $52,900 62,089 f 60,381 sand mound $66,125.00
#17 $49,900 61,197 sand mound $62,375.00
#18 $48,900 60,903 sand! w. denit. $61,12.5.00
#19 $50,900 69,383 sand mound $63,625.00
#20 $48,900 60p82 sandi w. denit. $61,125.00
#21 $50,900 68,151 sand mound! well $63,625.00
#22 $49,900 61,600 sand! \IV. den it. $62,375.00
#23 $49;900 62,657 sand mound $62,375.00
#24- $49,900 64-,350 sand mound $62,375,00
#25 $50,900 73,827 sand mound $63,625.00
11-0~ MON e':~1 AM PHILLIPS ~ FREY
71-724~169o
P.0:S
1{:26 $48,900 6l1-,218 sand mound $61,125.00
#27 $5lf.,900 116,154. sand mound $ 68,625.00
#28 $51,900 61,435 sand mound $ 64,8 75.00
#29 $Jj.2,900 60,000 sandI w. denit. $53,625.00
4130 $4,2,900 60,000 sandi w. den it. $53,625.00
#31 $42,900 60,000 sand{ w. denit. $53,625.00
#32 $~2,900 60,000 sandI w. denit. $53,625.00
#33 $4-2,900 60,000 sand! w. dEmit. $53,625.00
4136 $4-5,900 60,000 sand mound $57,375.00
#37 $4-2,900 60,876 sand! w. den it. $53,625.00
#38 $51,900 60,572 sand mound $64,875.00
#39 $51,900 66,314 sand mound $64,875.00
#41 $49,900 71,690 sandI w. denit. $62,375.00
#42 $49,900 60,197 sand! w. denit. $62,375.00
#43 67,736 r 66,120
$53,900 sandi w. den it. $67,375.00
#44- 137,106 1126,418
#45 $45,900 60,000 sandi w. denit. $57,375.00
#46 $45,900 60pOO sand! w. denit. $57,375.00
#47 $47,900 60,000 sand mound $59,875.00
#l~8 $49,900 70,062 r 60,163 sand mound $62,375.00
#49 $49,900 86,285 sand mound $62,375.00
11-00 MON 03:01 AM PHILLIPS & FREY
71724:=:1693
P. (:1'3
#50 $lJ.9,900 84,728 sal1d mound $62,375.00
#51 $ 46,900 60,762 sand/w. denit. $58,625.00
#52 $49,900 60,753 sand mound $62,375.00
#53 $Lf.9,900 60,753 sal1d mound $62,375.00
#54 $49,900 60,753 sand mound $62,375.00
#55 $if.9,900 60,753 sand mound $62,375.00
#56 $49,900 60,753 sand mound $62,375.00
#57 $49,900 60,753 sand moulid $62.,.3 75.00
#58 $48,900 60,034 sand mound $61,125.00
#59 $48,900 60,661 sand mound $61,125.00
#60 $49,900 71,248 f 60,024 sand mound $62,375.00
#61 $46,900 60,54-6 f 60,118 sand! w. denit. $58,625.00
#62 $50,900 63,974 sand mound $63,625.00
#63 $52,900 60,169 sandfdenit.(well $66,125.00
#61.1- $50,900 60,277 sand mound $63,625.00
#65 $50,900 62,668 r 60,007 sand mOl,..lr.d $63,625.00
#66 $501900 64,133 I 60,llj.5 sand mound $63;625.00
#67 $50,900 67,4-52 f 60,012 satld mound $63,625.00
#68 $50,900 65t067 ( 60,057 sand mound $63.625.00
#69 $51:900 60,452 f 60,054- sand mound/well $66,125.00
#70 $51,900 60,031 sand mound $64,875.00
#71 $5C',900 60,034 sand mound $63,625.00
1-00 MON 09:03 AM PHILLIPS & FREY
7172431693
P.Ol
#50 $49,900 t34,728 sand mound $62,375.00
#51 $46,900 60,7 € 2 sandfw. denit. $58,625.00
#52. $49,~OO 60,753 sand l'l"1ound $62,375.00
#53 $Lt9,900 60,753 s.md l110und $ 6 2,37.5 .00
#54 $Lf-9,900 60,753 sand mound $62,375.00
#55 $49,900 60,753 sand mound $62,375.00
#56 $49,900 60,753 sand mound $62,375.00
#57 $49,900 60,753 sand mound $62.,375.00
#58 $48,900 60,034 sand mound $61,125.00
#59 $4-8,900 60,661 sand mound $61,125.00
#60 $49,900 71,248 r 60,024 sand mound $62,375.00
#61 $ 4 6,900 60,S.q.6 r 60,118 sand! w. del1it. $58,625.00
#62 $50,900 63,974- sand mound $63,625.00
#63 $52,900 60,169 sandfdenit,fwell $ 66,1 25 .00
#64- $50,900 60,277 sand mound $63,625.00
#65 $50,900 62,668 ( 60,007 sand mound $63,625.00
#66 $50,900 64,133 f 60,1.':1-5 sand mound $63,625.00
#67 $50,900 67,452 f 60,012 sand mound $63,625.00
#68 $50,900 65.067 f 60,057 sand mound $63,625.00
#69 $52,900 60,452 I 60,054- sand mouI1d/well $66,125.00
#70 $51,900 60,031 sand mound $6lf.,875.00
#71 $50,900 60,034- sand mound $63,625.00
~ 1 - "', er ~1 0 I'~ 09: 04 A t1 PHI L LIP :=. ~< F F.: E Y
7172431693
F'.02
#72 $50,900 60,046 sand mound $63,625.00
#73 $46,900 60,749 sandI w. clenit. $58,625,00
#74 $49~900 62,~OO I GO,50.!f. sand moutld $62,375.00
#75 $lI-9,900 66,500 { 60,159 sa nd mol..! nd $62,375.00
#76 $49 ~900 61,645 sand mound $62.,375.00
#77 $49,900 62,558 sa nd mound $62,375.00
#78 $50,900 60,174- sand mound $63,625.00
#79 $4-9,900 61,245 I 60,4l.j.5 sand mound $62,375.00
#80 $4-9,900 79,033 f 75,390 sand mound $62.3 7'5.00
#81 $4-9,900 72,234 I 64,895 sand mound $62,37.5.00
#82 $4-7.900 65,039 160,304 sand! w. denit. $59,875.00
#83 $52,900 65,480 r 60,024 sand mound $66,125.00
#84 $4-6,900 123,385 160,672 sand mound $58,625.00
#85 $49,900 60,117 sand mound $62,.3 75.00
#86 $49,900 60,791 sand mound $ 62,375.00
TOTAL U,U.1f.400 llL18"QQQ
.1-~~ MON 09:04 AM PHILLIPS & FREY
7172451695
F.OS
HERIT/\GE VALU:Y LOTS~
L.B. PHILLIPS
LOT # G ROSS AREA SE?DC SYSTEM CURRENT VALUE EST. F'UTURE VALUE
11 67,069 sand mound $39.900.00 $49,875.00
12 671;W3 sand mound $4-1,900.00 $52,375.00
14- 7 21J~4-8 sand mound $l!-1,900.00 $52,375.00
16 67,771 sand mound $4-1,900.00 $52,375.00
19 67J779 sand mound $L\-l,900.00 $52,375.00
21 68,342 sand mound $4-2,900.00 $53,6Z5.00
23 66,552 conventional $4-2,900.00 $53,62.5.00
25 68,119 sand mound $43,900.00 $54-,875.00
17 68.058 sand mound $ 4- 3,900.00 $54,875.00
32 68,834- sand mound $~.q.,900.00 $56,12.5.00
34- 67,614- sand mound $45,900.00 $57,375.00
38 68,989 conventional $44,900.00 $56,12.5.00
39 68/J.60 sand mound $44,900.00 $56,125.00
42 69,060 sand mound $43,900.00 $54-,875.00
44 67,037 sand mound $43,900.00 $54,875.00
47 67,4-17 sand mound $43t900.00 $54,875.00
49 67,184- sand mound $l!-3,900.00 $54,875.00
51 66,96ft. conventional $l!-4,900.00 $56,125.00
53 69,840 conventional $4-4,900.00 $56,125.00
_eB MON O~:B~ AM PHILLIPS & ~~~r
" 1 f .4to:.t..::. J. r;:.:'7.=.
r-. t:.t.....
55 74,196 conventional $44,900.00 $56,12.5.00
56 67,761 sand mound $45,900.00 $57,375.00
59 7 LI-,i~69 SGHld moul1d $44,900.00 $56,12.5.00
62 67.1~94 sand t'rlound $45,900.00 $57,375.00
TOTAL ~$l.o08, 700 $ 1,2 GO,.B1.5
,~-00 MUN U9:0~ HM ~H1LLIPS m F~EY
7172451693
P.85
KINGS GAP . ~UNI MODULE
Lot # CURRENT VALUE GROSS AREA SEPTIC EST. FUTURE VALUE
Lot #2 $.36,900.00 52,238 seepage bed $46,125.00
Lot #3 $3.5~900.00 4- 3,381 seepage bed $44-,875.00
Lot #/f $35,900.00 43,381 seepage bed $4-/.1-,875.00
Lot it 5 $34,900.00 4.0,502 seepage bed $43,625.00
Lot #6 $34-!900.00 40,502 seepage bed $43.625.00
Lot #10 $36,900.00 49,950 seepage bed $46,125.00
KINGS GAP
Lot # 1 $37,900.00 5 Z.l3 9 5 sand mound $47,375.00
Lot #11 $36~900.00 44,550 sand mound $lf.6J125.00
Lot # 14 $37.900.00 53,577 conventional $47,375.00
Lot #15 $38,900.00 59,373 sand mound $48,625.00
Lot # 16 $44-,900.00 69,300 sand mound $56,125.00
Lot #19 $44-,900.00 72,267 sand mound $56,125.00
Lot #20 $.Il4.l900.00 66,93lJ. sand mound $56,125.00
Lot #21 $44!900.00 61)575 sand mound $56,125.00
Lot #22 $44-,900.00 111,259 sand mound $56,125.00
~..j~,.,,_.,-,
Lot #23
$44,900.00
87,587
sand mound
$56,125.00
Lot #30 $37,900.00 55,377 seepage bed $47,375.00
Lot #31 $37,900.00 50,067 sand mound $47,375.00
Lot #32 $37,900.00 51,488 sand mound $47,375.00
Lot #33 $37,900.00 56,573 sand mound $47,375.00
Lot tf35 $39,900.00 61,475 sand mound $49,875.00
Lot #36 $39,900.00 55,361 sand mound $4-9,875.00
Lot #37 $39,900.00 40,Z5LJ. sand mound $.q.9,875.00
Lot #38 $42,900.00 56.769 trenches $53,625.00
Lot #39 $42.,900.00 63,927 seepage bed $53,625.00
Lot #'+0 $42,900.00 64,251 conventional $53,625.00
Lot #4-1 $39,900.00 4.3,552 sand mound $49,875.00
Lot #42 $39,900.00 .q..015 00 sand mound $49,875.00
Lot #43 $39,900.00 4-0,500 seepage bed $lJ.9,875.00
Lot #.q.q. $39,900.00 40,500 sand mound $.!I-9,875.00
Lot #45 $39,900.00 45,784 sand mound $Ll-9,875.00
Lot #46 $39,900.00 51,635 sand mound $49,875.00
Lot #47 $39,900.00 47p06 sand mound $49,875.00
Lot #48 $38,900.00 551264- sand mound $lI-8.625.00
Lot #'+9
TOTAL
/ MON 09~06 AM PHILLIP~ ~ ~~~l
$37'1900.00
ll..?S4,600
54,450
sand mound
$lf.7,375.00
$1.693,25Q
Lot #49
TOT AL
$3(',900.00
1l...?54,600
54~450
sand mound
'i
$lf. 7,375.00
S1.693.2SQ
fII
PHILLIP:::; ~, FF.:EY
717245169:5
F~. 0:=:
TOWNHOUSES
CWTent Value
Est. Future
Value
Fairfax Apartments (16 units @ $80,000.00
each) Phlllips~ pOI"tion $ 640,000.00
$800,000.00
Highlal1d Cowt Apat-tments (30 units @
$80,000.00) Phillips' portion
$1,200,000.00 $1,500,000.00
Rockledge Drive Apartments (17 units @
$90,000.00) Phillips' portion
$ 765,000.00 $956,2.50.00
Forest Court Apartments (24 units @
$90,000.00) Phillips' portion
$1,080,000.00 $1,350,000.00
Hamilton Court Apartments (22 units @
$75,000.00) Phillips' portion
$ 825,000.00 $1,031.250.00
Center Street Apartments (12 units @
$80)000.00) Phillips' portion
$ 480,000.00 $600,000.00
Burr Avenue Apartments Clz units @
$95,000.(0) Phillips' portion
1 570.000.00 $712.500.00
TOTAL
.$5.560.000.00 l6.950,OOO.ao
SEP-l~-8e TUE 02:32 PM PHILLIPS ~ FREY
7172431693
P.Ol
TliR\::E .s~.-1ALL BEDROOMS:
AU funli5hed with double beds, d,€sset"s, lamps, chain,
Orient-al t'ugs, de. ($7,000 ee) 11.000.00
LOU1-JGE:
8 cherry captain's chairs. table, 3 n:cliners, 1 sectional scfa,
coffee table, j~nd tables, 8 bat- stools, fully equipped wet bar,
n~fr'ige.rc,tor, 12 bronze statues, chen)' buff-st, stereo systerr'l 28,000.00
10 television sets, vadoLls sizes 4-,000.00
very large amethyst collection 35,000.00
large bronze statue collection 40,000.00
complete collection of Charles Denault wildlife prints 4.'5,000.00
Total Household $327,000.00
CJ)ear S\(rs. ~ice ~ 9?hi[Cips,
~owinB this, the 13th da~ of ~rch,
represents our first anniversar~, q fee[ it
appropriate to express m~ rove and
appreciation for the Bood fortune that came m~
wa~ when ~ou &ecame part of m~ rife. IOu
have fi[[ed a[[ of m~ wishes, desires and
expectations and q rook forward to spendinB
man~ more anniversaries with ~ou (as man~ as
the %rd wire Bive us the privi[eBe to ce[e&rate).
q fee[ ver~ fortunate to have for m~ wife a
ver~ specia[, kind, thouBhtfu[ and understandinB
[ad!, a dinB&at (q have the opportunit! to know
how -kchie \Bunker feet), and a [itt[e Bir[ who
in her ear[! !ears did not have the jO!S and
happiness that a Citt[e Bir[ shou[d have. q,
therefore, fee[ it a privi[eBe to provide and
rep[ace as man! of the ..Citt[e Bir[" thinBs that q
can to make !OU ham. q rove !OU ver! much
and q am ver! proud that !OU are m! wife.
lOur [ovinB hus&and
~
..
CERTIFICATE OF SERVICE
I, NEIL WARNER Y AHN, Esquire, do hereby certify that I served a true and correct
copy of the foregoing Petition to Set Aside Prenuptial Agreement upon the following below-
named individuals by hand delivery this Z 2. --day of August, 2006.
SERVED UPON:
Robert G. Frey, Esquire
Frey & Tiley
5 South Hanover Street
Carlisle, P A 17013
Attorney for the Estate of Linwood B.
Phillips, Jr. and Executor
George B. Faller Jr., Esquire
Michael J. Collins, Esquire
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, P A 17013
Attorney for Attorney for Robert G. Frey
Hubert X. Gilroy, Esquire
Broujos & Gilroy, P.C.
4 North Hanover Street
Carlisle, P A 17013
Attorney for Linda Stull and Linwood B.
Phillips, III
~v1
1 ~ At
NEIL WARN]R YAHN, ESQUIRE
Attorney J.D. 82278