Loading...
HomeMy WebLinkAbout06-5274 WESLEY T. PHILLIPS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO.0ir'S CIU?L`7->, SHERI PHILLIPS, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce, or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WESLEY T. PHILLIPS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. SeZ7y Ct-u, L'-T?:" SHERI PHILLIPS, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant DIVORCE COMPLAINT WITH EQUITABLE DISTRIBUTION CLAIM The Plaintiff, Wesley T. Phillips, by and through his attorneys, The Law Offices of Patrick F. Lauer, Jr., LLC, makes the following Complaint in Divorce: COUNT I-NO FAULT DIVORCE--§§ 3301(c) or 3301(d) 1. The Plaintiff, Wesley T. Phillips, is an adult individual currently residing 37 Fox Hill Road, Shippensburg, Cumberland County, Pennsylvania, 17257 2. The Defendant, Sheri Phillips, is an adult individual currently residing 37 Fox Hill Road, Shippensburg, Cumberland County, Pennsylvania, 17257 3. The Plaintiff has been a bona fide resident of the Commonwealth for at least six (6) months. 4. The parties were married on July 12, 1996, in Hedgesville, West Virginia. 5. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. This action is not collusive. WHEREFORE, the Plaintiff requests this Honorable Court enter a decree of Divorce in this matter. COUNT II-EQUITABLE DISTRIBUTION--§ 3502(a) 9. Paragraphs one (1) through eight (8) of this Complaint are incorporated herein by reference as if set forth specifically below. 10. During the course of the marriage, the parties acquired property and incurred debt, titled jointly, individually, or both, which remains in possession of the individual parties. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to equitably divide, distribute, or assign the marital property between the parties in such proportion as the court deems just after consideration of all relevant factors and thereby enter an order of equitable distribution of marital property pursuant to §3502(a) of the Divorce Code. Respectfully submitted, Shana M. Pugh, Es ' e Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011 Date:60-010- 1)(4 ID# 200952 Tel. (717) 763-1800 WESLEY T. PHILLIPS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. SHERI PHILLIPS, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant VERIFICATION I verify that the statements made in this Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Dater Signature: go,5y? Wes'ey T. Phillips ? -4a. -iQ. N r ? -0 ?- ? ©? o ??`'?,,,, ? ° d V ? l?^'? ?('? 'F-,. t ?? ?? ., ?? ?r ?, ;?; t ?? J ?l ?? I s'- ^(7 ? '? .n ?. 1r C y -l u? WESLEY T. PHILLIPS, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2006 - 5274 CIVIL TERM SHERI PHILLIPS, : CIVIL ACTION- AT LAW- IN DIVORCE Respondent PETITION FOR IN.HTNC.TIVE RF.I.IF.F TO PREVENT DISSIPATION OF MARITAL. ASSETS AND NOW, comes the Petitioner, Wesley T. Phillips, by and through his attorney's, the Law Offices of Patrick F. Lauer, Jr., L.L.C., and files this Petition for Injunctive Relief and in support thereof, avers as follows: 1. Petitioner, Wesley T. Phillips, an adult individual, who resides at 37 Fox Hill Road, Shippensburg, Cumberland County, Pennsylvania 17257, is the Plaintiff in the above-captioned Divorce action. 2. Respondent, Sheri Phillips, an adult individual, who resides at 13930 Weaver ? Avenue, Maugansville, Maryland, 21767, is the Defendant in the above-captioned Divorce action. 3. Petitioner filed a Complaint in Divorce requesting economic relief, including a count for equitable distribution. 4. Respondent, Sheri Phillips, moved out of the marital home. 5. Respondent, Sheri Phillips, returned to the marital home on Friday, October 13, 2006 and removed household furnishings and other property. 6. Petitioner, Wesley T. Phillips, believes that Respondent, Sheri Phillips, has removed the marital property from the Commonwealth of Pennsylvania. 7. Petitioner, Wesley T. Phillips, further believes that Respondent, Sheri Phillips will dissipate, alienate or encumber other marital property of the parties. 8. Petitioner requests that an injunction be entered against the above-named parties and Y both shall be prohibited from: a. Selling, transferring, encumbering, concealing, assigning, removing or in any way disposing of any property, real or personal, belonging to or acquired by, either party, except by written agreement of both parties; or Order of the Court. b. Incurring any further debts that would burden the credit of the other party, including but not limited to further borrowing against any credit line secured by the marital residence or unreasonably using credit cards or cash advances against credit or bank cards. C. Changing the beneficiary of any life insurance policy, pension or retirement plan, or pension or retirement investment account, except with the written consent of the other party or by Order of the Court. WHERFORE, Petitioner respectfully request that this Honorable Court grant the Petition for Injunctive Relief and enjoin and restrain the parties from encumbering, dissipating, selling or otherwise alienating any and all marital assets of the parties. Respectfully submitted, /Marl' L. arkley, Esquire 2108 ket Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Date: 1(??' Z ?-Zc?DG WESLEY T. PHILLIPS, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006 - 5274 CIVIL TERM SHERI PHILLIPS, : CIVIL ACTION - AT LAW - IN DIVORCE Respondent I verify that the statements made in the foregoing Petition to Prevent Dissipation of Marital Assets document are true and correct to the best of my knowledge, information, and belief. To the extent that any of the averments are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. CSC _......-- Date• Signature: L Wesley T. Phillips S WESLEY T. PHILLIPS, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 5274 CIVIL TERM SHERI PHILLIPS, : CIVIL ACTION - AT LAW - IN DIVORCE Respondent I hereby certify that I am this day serving a copy of the foregoing Petition upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy in the United States first class mail, postage prepaid, addressed as follows: Sheri Phillips c/o Sean M. Shultz, Esquire Knight & Associates P.C. 11 Roadway Drive, Suite B Carlisle, PA 17015 Respectfully submitted, Date: 11- 7-2- 0960 Marlin 1? arkley, Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY T. PHILLIPS, No. 06-5274 Plaintiff CIVIL ACTION - LAW V. SHERI PHILLIPS, IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1 46 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY T. PHILLIPS, No. 06-5274 Plaintiff CIVIL ACTION - LAW V. SHERI PHILLIPS, IN DIVORCE Defendant ANSWER AND COUNTERCLAIM COUNT I - NO FAULT DIVORCE - §§ 33010 or 3301(dd) AND NOW, comes the Defendant, Sheri Phillips, by and through her attorney, Sean M. Shultz, Esquire, and responds to Plaintiff s Complaint in Divorce as follows: 1. Admitted. 2. Denied. Since the filing of the Divorce Complaint, Defendant has moved to13930-B Weaver Avenue, Maugansville, Maryland 21767. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. COUNT II - EQUITABLE DISTRIBUTION §3502? 1 9. Paragraph 9 is an averment to which no response is required. 10. Admitted. COUNTERCLAIM COUNT III - INDIGNITIES 11. Paragraphs 1 through 10 are incorporated herein by reference. 12. Alternatively, Defendant avers that the Plaintiff has offered such indignities to her, the injured and innocent spouse, as to render her condition intolerable and her life burdensome. The foregoing facts are averred and brought under Section 3301(a)(6) of the Divorce Code of 1980, as amended. WHEREFORE, Defendant requests Your Honorable Court to enter a Decree in Divorce, divorcing the Defendant from the Plaintiff. COUNT IV - CLAIM FOR ALIMONY, ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 13. Paragraphs 1 through 12 are incorporated herein by reference. 14. Defendant requests your Honorable Court to allow her alimony, alimony pendente lite, reasonable counsel fees and expenses pursuant to Section 3702 of the Pennsylvania Divorce Code. Respectfully submitted, KNIGHT & ASSOCIATES, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Defendant VERIFICATION The foregoing Answer and Counterclaim is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Answer and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. heri Phillips • .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY T. PHILLIPS, No. 06-5274 Plaintiff CIVIL ACTION - LAW V. SHERI PHILLIPS, Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 0 day of November, 2006, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Answer and Counterclaim by first class, United States Mail, postage pre-paid, addressed as follows: Shang M. Pugh, Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street Camp Hill, Pennsylvania 17011 Attorney for Plaintiff Respectfully submitted, KNIGHT & ASSOCIATES, P.C. C (-Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Defendant O ?$ b ? ? ? ? ? n ?? ?n ?._ ? --t L t^?il ? ?w S ? ? ?? 3 ('"? _.. ? r.?tl Cl I ? f NOV 0 8 2006,01 WESLEY T. PHILLIPS, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2006 - 5274 CIVIL TERM SHERI PHILLIPS, : CIVIL ACTION- AT LAW- IN DIVORCE Respondent AND NOW, this 134- day o2006 , upon consideration of the Petition for Injuntive Relief, it is hereby ORDERED and DECREED that a hearing shall be held in Courtroom No. d in the Cumberland County Courthouse on the 3DV_ day of yb)A 2001, at T-00 Ar.161./P.M in order to determine whether the above-named parties will be enjoined and restrained from encumbering, dissipating, selling or otherwise alienating any and all marital assets of the parties until the earliest of the following: (1) the order is modified or dissolved by the court; (2) the order is modified by a written agreement of the parties with court approval; (3) the entry of a judgment of divorce or separate support; (4) th action is dismissed; or (5) by further order of the court I WESLEY T. PHILLIPS, Petitioner VS. SHERI PHILLIPS, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 5274 CIVIL TERM CIVIL ACTION- AT LAW- IN DIVORCE AND NOW, comes the Petitioner, Wesley T. Phillips, by and through his attorney's, the Law Offices of Patrick F. Lauer, Jr., L.L.C., and files this Petition for Emergency Relief and in support thereof, avers as follows: 1. Petitioner, Wesley T. Phillips, an adult individual, who resides at 37 Fox Hill Road, 'i Shippensburg, Cumberland County, Pennsylvania 17257, is the Plaintiff in the above-captioned Divorce action. 2. Respondent, Sheri Phillips, an adult individual, who resides at 13930 Weaver ? Avenue, Maugansville, Maryland, 21767, is the Defendant in the above-captioned Divorce action. 3. The parties in this matter are husband and wife, having been married on July 12, 1997. 4. Petitioner filed a Complaint in Divorce requesting economic relief, including a'i count for equitable distribution. 5. Petitioner believes that a situation exists that requires emergency relief due to the following: a. Respondent moved out of the marital home. b. Petitioner and Respondent agreed that respond could return to the home on Saturday October 14, 2006, and retrieve items that were agreed upon between the parties, instead Respondent returned to the marital home on Friday, October 13, 2006, while the petitioner was at work and removed virtually all household furnishings and other property. C. Petitioner believes that Respondent has removed the marital property from the Commonwealth of Pennsylvania. 6. Petitioner believes Respondent will continue to dispose of marital property and persist on creating a hostile and burdensome living condition in the residence unless this Honorable Court evicts her from the marital residence. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order granting Petitioner exclusive possession of the marital residence located at 37 Fox Hill Road, Shippensburg, Pennsylvania, and evicting Respondent from the premises and prohibiting Respondent from reentering until further determination by this Honorable Court. Date: J/- / 6 1Vlarli Markley, Esquire 210 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 WESLEY T. PHILLIPS, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 5274 CIVIL TERM SHERI PHILLIPS, : CIVIL ACTION - AT LAW - IN DIVORCE Respondent I verify that the statements made in the foregoing Petition for Emergency Relief are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: Signature: 4 f? Wesley T. Phillips WESLEY T. PHILLIPS, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 5274 CIVIL TERM SHERI PHILLIPS, : CIVIL ACTION - AT LAW - IN DIVORCE Respondent I hereby certify that I am this day serving a copy of the foregoing Petition upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy in the United States first class mail, postage prepaid, addressed as follows: Sheri Phillips c/o Sean M. Shultz, Esquire Knight & Associates P.C. 11 Roadway Drive, Suite B Carlisle, PA 17015 Respectfully submi G .Z p0 Date: 1 /-/ Marlin L. arkley, Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 *`-? _7 ?-?? b:::..3 .:, ?) ? ,. C^:u, ?n ? y i i? _ ...?... . ^ -r ?.i ?`` ?? " . { } _:,,. -' . ; --y .. ?_? _? ti l.?•J -? W WESLEY T. PHILLIPS, IN THE COURT OF COMMON PLEAS OF PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA V. ; SHERI PHILLIPS, RESPONDENT 06-5274 CIVIL TERM ORDER OF COURT AND NOW, this day of November, 2006, a hearing shall be conducted on the within petition for special relief in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 3:00 p.m., Thursday, November 30, 2006. ---- , By the Edgar B. Bayley, J. Marlin L. Markley, Esquire For Petitioner Sean M. Shultz, Esquire For Respondent /l - '?- y -a 1" Cam," "V--&. ?S :sal y. r7' .r ? -..-.. { k"? .. L-? ,? ___ ._... . ?.y ?.= _ 4 t.. ? ? ' 1-" ""' WESLEY T. PHILLIPS, Plaintiff VS. SHERI PHILLIPS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006 - 5274 CIVIL TERM CIVIL ACTION- AT LAW- IN DIVORCE PLAINTIFF'S MOTION FOR CONTINUANCE WITH DEFENDANT'S CONCURRENCE AND NOW, comes the Plaintiff, Wesley T. Phillips, by and through his attorney's, the Law Offices of Patrick F. Lauer, Jr., L.L.C., and files this Motion and in support thereof, avers as follows: 1. Plaintiff filed a Petition for Injunctive Relief to Prevent Dissipation of Marital Assets on November 7, 2006. 2. Plaintiff filed a Petition for Emergency Relief. Exclusive Possession of Martial Residence on November 16, 2006. 3. A hearing for both matters has been scheduled for November 30, 2006, at 3:00. 4. Plaintiff respectfully requests a continuance because the parties have already come to an agreement on the first matter and are attempting to settle the second matter without a court hearing. 5. Plaintiffs counsel, Marlin L. Markley, Esquire, spoke with Defendant's counsel, Sean Shultz, on November 28, 2006 and Defendant's counsel concurs with Plaintiffs request for continuance. WHERFORE, Plaintiff respectfully request that this Honorable Court grant his Motion for a Continuance. Respectfully r Mar arkley, Esquire 2168 Mar et Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Date: November 29, 2006 WESLEY T. PHILLIPS, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2006 - 5274 CIVIL TERM SHERI PHILLIPS, : CIVIL ACTION- AT LAW- IN DIVORCE Respondent ATTORNEY VERIFICATION The undersigned, Marlin L. Markley, Esquire, hereby verifies and states that: 1. He is the attorney for the Plaintiff, Wesley T. Phillips; 2. He is authorized to make this verification on his behalf; 3. The facts set forth in the foregoing Motion are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Motion are true and correct to the best of his knowledge, information and belief; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Respectfully submitted, Marlin kley, Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: November 29, 2006 ID# 84745 (717) 763-1800 WESLEY T. PHILLIPS, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 5274 CIVIL TERM SHERI PHILLIPS, : CIVIL ACTION - AT LAW - IN DIVORCE Respondent CERTIFICATE OF SERVICE I hereby certify that I gun this day serving a copy of the foregoing Petition upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy in the United States first class mail, postage prepaid, addressed as follows: Sheri Phillips c/o Sean M. Shultz, Esquire Knight & Associates P.C. 11 Roadway Drive, Suite B Carlisle, PA 17015 Respectfully sulsmi Date: November 29, 2006 Marlin,k"Mey, Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 q c? -ors N WESLEY T. PHILLIPS, Petitioner vs. SHERI PHILLIPS, Respondent IN THE COURT OF COMMON PPLLE CUMBERLAND COUNTY, PENNS VANIA NO. 2006 - 5274 CIVIL TERM CIVIL ACTION- AT LAW- IN DIVORCE ORDER AND NOW, this it C? day of 2006, upon consideration of the Plaintiffs Motion for Continuance with Defendant's Concurrence, the Motion is hereby GRANTED. The case is continued until relisted by either party. Distribution: arlin L. Markley, Esquire, 2108 Market Street, Camp Hill, Pennsylvania 17011 ,San Shultz, Esquire, 11 Roadway Drive, Suite B, Carlisle, Pennsylvania 17015 co C cn :) Ci- `T"..Z ' y ^ C C= C-A n 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY T. PHILLIPS, Plaintiff/Respondent V. SHERI PHILLIPS, Defendant/Petitioner No. 06-5274 CIVIL ACTION - LAW IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE 1. Petitioner, Sheri Phillips is an adult individual residing at PO Box 331, 13930-B Weaver Avenue, Maugansville, Maryland. Petitioner's date of birth is April 22, and her social security number is 184-52-9373. Respondent, Wesley T. Phillips is an adult individual residing at 37 Fox Hill Road, Shippensburg, Cumberland County, Pennsylvania. Respondent's date of birth is June 20, 1963, and his social security number is 276-62-8297. 2. The petition of Sheri Phillips respectfully represents that on November 9, 2006, Petitioner filed an Answer and Counterclaim including a Count for Alimony, Alimony Pendente Lite, Counsel Fees and Expenses to the Complaint in Divorce filed by Respondent. A true and correct copy of the Answer and Counterclaim is attached to this petition. WHEREFORE, Petitioner requests that the Court order alimony pendente lite. Respectfully Submitted, Sean M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Petitioner KNIGHT & ASSOCIATES, P.C. VERIFICATION I verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. This Verification is made by Defendant's counsel based upon information provided by Defendant to Defendant's counsel regarding the factual averments contained herein. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unworn falsification to authorities. FAUser Folder\Firm Docs\Forms\Litigation\verification-pltf sms.doc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY T. PHILLIPS, No. 06-5274 Plaintiff C o -11 CIVIL ACTION - LAW V. --t SHERI PHILLIPS, IN DIVORCE' Defendant - -Ji NOTICE TO DEFEND AND CLAIM RIGHTS r;Q `_t t-o s You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 t J ? .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY T. PHILLIPS, No. 06-5274 Plaintiff CIVIL ACTION - LAW V. SHERI PHILLIPS, IN DIVORCE Defendant ANSWER AND COUNTERCLAIM COUNT I - NO FAULT DIVORCE - §1 3301(c) or 3301(d) AND NOW, comes the Defendant, Sheri Phillips, by and through her attorney, Sean M. Shultz, Esquire, and responds to Plaintiff's Complaint in Divorce as follows: 1. Admitted. 2. Denied. Since the filing of the Divorce Complaint, Defendant has moved tol3930-B Weaver Avenue, Maugansville, Maryland 21767. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. COUNT H - EQUITABLE DISTRIBUTION $3502(a) 9. Paragraph 9 is an averment to which no response is required. 10. Admitted. COUNTERCLAIM COUNT III - INDIGNITIES 11. Paragraphs 1 through 10 are incorporated herein by reference. 12. Alternatively, Defendant avers that the Plaintiff has offered such indignities to her, the injured and innocent spouse, as to render her condition intolerable and her life burdensome. The foregoing facts are averred and brought under Section 3301(a)(6) of the Divorce Code of 1980, as amended. WHEREFORE, Defendant requests Your Honorable Court to enter a Decree in Divorce, divorcing the Defendant from the Plaintiff. COUNT IV - CLAIM FOR ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 13. Paragraphs 1 through 12 are incorporated herein by reference. 14. Defendant requests your Honorable Court to allow her alimony, alimony pendente lite, reasonable counsel fees and expenses pursuant to Section 3702 of the Pennsylvania Divorce Code. Respectfully submitted, KNIGHT & ASSOCIATES, P. Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Defendant l ? VERIFICATION The foregoing Answer and Counterclaim is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Answer and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Sheri Phillips r ? 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY T. PHILLIPS, Plaintiff V. . SHERI PHILLIPS, Defendant No. 06-5274 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this day of November, 2006, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Answer and Counterclaim by first class, United States Mail, postage pre-paid, addressed as follows: Shana M. Pugh, Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street Camp Hill, Pennsylvania 17011 Attorney for Plaintiff Respectfully submitted, KNIGHT & ASSOCIATES, P.C. can M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY T. PHILLIPS, Plaintiff/Respondent No. 06-5274 V. CIVIL ACTION - LAW SHERI PHILLIPS, IN DIVORCE Defendant/Petitioner CERTIFICATE OF SERVICE I hereby certify that I am this V"('1 day of , 2006, causing a copy of the Petition for Alimony Pendente Lite be served upon the following person in the manner indicated: By First Class United States Mail, postage pre-paid on: Marlin L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011 Attorney for Respondent KNIGHT & ASSOCIATES, P.C. ean M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Petitioner FAUser FoldaTirm Docs\Gendocs2006\3999-1pet.apl.wpd C) c? C-1 -n 7 ? L ' - f 1 rn WESLEY T. PHILLIPS, Plaintiff/Petitioner VS. SHERI PHILLIPS, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006 - 5274 CIVIL TERM CIVIL ACTION- AT LAW- IN DIVORCE AND NOW, this 9J) day of &&J-ul? , 20 6(1 , the parties hereby stipulate and agree that neither parry shall sell, transfer, convey. assign, alienate; encumber, dissipate or otherwise transfer any marital assets without the written consent of the other party or Court Order. The parties agree that this Stipulation shall remain in effect until further written agreement of the parties or Order of the Court. This Stipulation is entered into without prejudice to the parties' rights in the pending action. Wesley T. Phillips, Plaintiff df?t?; P I ?'L E13-- Sheri Phillips, Defen arlin . M kley, Esq., Plaintiff's Attorney Sean M. Shultz, Esq., Def ant's Attorney APPROVED T Edgar B. y e T n: D' tri"Mar Marlikley, Esq., 2108 Market Street, Camp Hill, PA Sean Shultz, Esq., 11 Roadway Drive, Suite B, Carlisle, PA y 17011 17015 LN, - no CC : 1114V 9- 330 9001 J_p? -7 1 or 1-7 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT DIL, -• 5.x`74 01f V I L.- State Commonwealth of Pennsylvania OOriginal Order/Notice CO./City/Dist. of CUMBERLAND O Amended Order/Notice Date of Order/Notice 12/07/06 O Terminate Order/Notice Case Number (See Addendum for case summary) RE: PHILLIPS, WESLEY T. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 276-62-8297 Employee/Obligor's Social Security Number CON-WAY FREIGHT 9015101731 C/O CON-WAY CENTRAL EXPRESS Employee/Obligor's Case Identifier PO BOX 4121 (See Addendum for plaintiff names PORTLAND OR 97208-4121 associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 775. 00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 775.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 178.85 per weekly pay period. $ 357.69 per biweekly pay period (every two weeks). $ 387.50 per semimonthly pay period (twice a month). $ 775.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: DEC 0 8, 2006 ;5". * A,4 Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If heckv you are required, to provide a copy of this form to your m loyee. If yo?1 r employee works in a state that is diferent from the state that issued this order, a copy must be provldedpto your employee even if the box is not checked. 1. Priority: Withholding under this order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* paydate/date of withholding is the date oi i whid i amou, it yvas withhell Irom the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 9429040840 EMPLOYEE'S/OBLIGOR'S NAME: PHILLIPS, WESLEY T. EMPLOYEE'S CASE IDENTIFIER: 9015101731 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type m by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: PHILLIPS, WESLEY T. PACSES Case Number 667108817 Plaintiff Name SHERI J. PHILLIPS Docket Attachment Amount 06-5274 CIVIL$ 775.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?if checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT p r--3 p rrl rn ' i CY.7 L„_' ?' rn WESLEY T. PHILLIPS, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION SHERI J. PHILLIPS, : PACSES NO. 667108817 Defendant/Petitioner : DOCKET NO. 06-5274 CIVIL INTERIM ORDER OF COURT AND NOW, this 7th day of December, 2006, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $775.00 per month. B. The effective date of this order is December 5, 2006. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST THREE (3) YEARS IF SUCH A REVIEW IS REQUESTED BY ONE OF THE PARTIES. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. DELINQUENT ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE A JUDGMENT AGAINST YOU. 01073 IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSION, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. By the Court, Kevin A. Hess, J. Cc: Sheri J. Phillips Wesley T. Phillips Sean M. Shultz, Esquire For the Plaintiff Marlin L. Markley, Esquire For the Defendant DRO WESLEY T. PHILLIPS, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION SHERI J. PHILLIPS, PACSES NO. 667108817 Defendant/Petitioner DOCKET NO. 06-5274 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on December 5, 2006, the following report and recommendation are made: FINDINGS OF FACT 1. The Petitioner is Sheri J. Phillips, who resides at 13930-B Weaver Avenue, Maugansville, Maryland; she will hereinafter be referred to as "the Wife." 2. The Respondent is Wesley T. Phillips, who resides at 37 Fox Hill Road, Shippensburg, Pennsylvania; he will hereinafter be referred to as "the Husband." 3. The parties were married on July 12, 1997. 4. The Husband filed a complaint for divorce on September 8, 2006. 5. The Wife moved from the marital residence on September 23, 2006. 6. The Wife filed a claim for alimony pendente lite on November 9, 2006 and requested a hearing on said claim on December 5, 2006. 7. The Wife has physical custody of the Husband's grandchild. 8. The Wife is gainfully employed with a gross monthly income of $3,272.54. 9. The Wife will file her 2006 federal income tax return as head of household and will claim her step-grandchild as a dependency exemption. 10. There are no minor children of this marriage. 11. The Husband continues to reside in the marital home. 12. The Husband is paying a first mortgage on the marital home of $1,667.64 and a second mortgage of $418.25 per month. 13. The Husband is gainfully employed with a gross monthly income of $8,153.35. EXHIBIT "A" _ 14. The Husband will file his 2006 federal income tax return as married/separate. 15. The parties own an investment property in which the Wife's father was currently residing rent-free. DISCUSSION "Alimony pendente lite" is defined as "an order for temporary support granted to a spouse during the pendency of a divorce or annulment proceeding. 23 Pa. C.S. Section 3103. It is designed to enable a dependent spouse to proceed with or defend the divorce action. Jayne v. Jame, 663 A.2d 169 (Pa. Super. 1995). Factors to consider in determining entitlement to an award of alimony pendente lite include the separate income and estate of the claimant, the ability of the other party to pay, and the character, situation and surroundings of the parties. Litmans v. Litmans, 673 A.2d 382 (Pa. Super. 1996). If a claimant is found to be entitled to an award of alimony pendente lite, the amount of the award is calculated pursuant to the support guidelines in the same manner as an award of spousal support. Little v. Little, 47 Cumberland L.J. 131 (1998). "[N]otwithstanding the equivalency of spousal support and APL for purposes of computation under the Rules of Civil Procedure, a determination of entitlement in accordance with the traditional test remains a prerequisite to an award of APL. Clouse v. Clouse, 50 Cumberland L.J. 167, 171 (2001). The Wife has gross monthly income of $3,272.54. Filing her federal income tax return as head of household with her step-grandchild claimed as a dependency exemption, the Wife has net monthly income for support purposes of $2,700.00.' While this income is sufficient to meet her normal monthly expenses, it does not constitute sufficient income with which to litigate the divorce action. Consequently she is entitled to an award of alimony pendente lite. The Husband has gross monthly income of $8,153.35. Filing his federal income tax return as married/separate, the Husband has net monthly income for support purposes of $5,565.00.2 With the Wife having net monthly income of $2,700.00, with the Husband having net monthly income of $5,565.00, and with no minor children of the marriage, the Husband's obligation for alimony pendente lite under the guidelines would be $1,146.00 per month.3 A support order calculated pursuant to the guidelines is presumed to be correct, but the presumption may be rebutted by evidence that the guideline amount is unjust or inappropriate under the circumstances of the case. Landis v. Landis, 691 A.2d 939 (Pa. Super. 1997). Under the recent amendments to Pa. R.C.P. 1910.16-6, "[i]f the obligor is occupying the marital residence and the mortgage payment exceeds 25% of the obligor's 1 See Exhibit "A" for the tax deductions from gross income. z See Exhibit "A" for the tax deductions from gross income. 3 See Exhibit "B" for the calculation. 2 monthly net income (less any amount of spousal support, alimony pendente lite or child support the obligor is paying), the court may make an appropriate downward adjustment in the obligor's support obligation.a The Husband is occupying the marital residence and is paying first and second mortgages totaling $2,086.00 per month. This is well in excess of 25% of his net monthly income less the guideline APL amount. A downward adjustment of his APL obligation is clearly justified. After payment of the first and second mortgage the Husband has $3,479.00 of remaining income to meet his expenses and cost of litigation. After payment of her rent, the Plaintiff has $1,925.00 available to meet her remaining expenses and cost of litigation. In an effort to place the parties on equal footing to litigate the divorce, a recommendation is made that the Husband pay the sum of $775.00 per month as alimony pendente lite effective December 5, 2006. RECOMMENDATION A. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $775.00 per month. B. The effective date of this order is December 5, 2006. 7 ODA9 %, o 6" Date Michael R. Rundle Support Master 4 Pa. R.C.P. 1910.16-6(e). In the Court of Common Pleas of Cumberland County, Pennsylvania Spousal Support Calculation L Rule 1910.16 (PACSES FORMAT) Plaintiff Name: Sheri J. Phillips Defendant Name: Wesley T. Phillips Docket Number: 06-5274 Civil PACSES Case Number: Other State ID Number: Obligor's Month/ Net Income 1 $5,564.98 . 2. Less All Other Support Less Obligee's Month/ Net Income 3 $2,700.17 . Difference 4 $2,864.81 . 5. Less Child Support Obligation for Current Case - 6. Difference $2,864.81 7. Multiply b 30% or 40% 40.00% 8. Income Available for Spousal Support $1,145.92 9. Adjustment for Other Expenses 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $1,145.92 oronnrorl K%r mrr Date: 12/ 6/2006 SupportCak 2006 EXHIBIT " A" In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Sheri J. Phillips Defendant Name: Wesley T. Phillips Docket Number: 06-5274 Civil PACSES Case Number: Other State ID Number: Tax Year: Current: 2006 Defendant Plaintiff 1. Tax Method 1040 ES 1040 ES 2. Fling Status Married Filing Separately Head of Household 3. Who Claims the Exemptions Customize 4. Number of Exemptions 1 2 5. Monthly Taxable Income $8,153.35 $3,272.54 6. Deductions Method Standard Standard 7. Deduction Amount $429.17 $629.17 8. Exemption Amount $275.00 $550.00 9. Income MINUS Deductions and Exemptions $7,449.18 $2,093.37 10. Tax on Income $1,644.27 $269.21 11. Child Tax Credit - $83.33 12. Manual Adjustments to Taxes - - 13. Federal Income Taxes $1,644.27 $185.88 13 a. Earned Income Credit - - 14. State Income Taxes $257.65 $103.41 15. FICA Payments $604.92 $250.35 16. City Where Taxes Apply --Select-- --Select-- 17. Local Income Taxes $81.53 $32.73 TOTAL Taxes $2,588.37 $572.37 SupportCalc 2006 EXHIBIT "B" C ? -rt w I ' 1 W _ rTI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY T. PHILLIPS, Plaintiff/Respondent V. SHERI PHILLIPS, Defendant/Petitioner No. 06-5274 CIVIL ACTION - LAW IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE 611 02? 11 1. Petitioner, Sheri Phillips is an adult individual residing at PO Box 331, 13930-B Weaver Avenue, Maugansville, Maryland. Petitioner's date of birth is April 22,1971, and her social security number is 184-52-9373. Respondent, Wesley T. Phillips is an adult individual residing at 37 Fox Hill Road, Shippensburg, Cumberland County, Pennsylvania. Respondent's date of birth is June 20, 1963, and his social security number is 276-62-8297. 2. The petition of Sheri Phillips respectfully represents that on November 9, 2006, Petitioner filed an Answer and Counterclaim including a Count for Alimony, Alimony Pendente Lite, Counsel Fees and Expenses to the Complaint in Divorce filed by Respondent. A true and correct copy of the Answer and Counterclaim is attached to this petition. WHFEFORE, Petitioner requests that the Court order alimony pendente lite. x>- r-i ,-°_ Respectfully Submitted, a ?< ? ? ? KNIGHT & ASSOCIATES, P.C. 0 O v : U-j -?? d z c o O ? Sean M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Petitioner ?C3 e? VERIFICATION I verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. This Verification is made by Defendant's counsel based upon information provided by Defendant to Defendant's counsel regarding the factual averments contained herein. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unworn falsification to authorities. FAUser Folder\Firtn Docs\FomuU.itigation\verification-pltf sms.doc C'? ??' ?„ ?? ? . ? '? .?- _..? 1?? - >> ? ? ? _ l . CFA --i ?? ?,.; :.C WESLEY T. PHILLIPS, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION SHERI J. PHILLIPS, : PACSES NO. 667108817 Defendant/Petitioner : DOCKET NO. 06-5274 CIVIL INDEX OF EXHIBITS Petitioner's Exhibit No. 1- Income and expense statement Petitioner's Exhibit No. 2 - Canceled check -!:?-cJ 1 j % t_ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone• (717) 240-6225 OCTOBER 3, 2006 Fax: (717) 240-6248 ' Plaintiff Name: SHERI J. PHILLIPS Defendant Name: WESLEY T. PHILLIPS Docket Number: 00853 S 2006 PACSES Case Number: 115108658 Other State ID Number: Please note: All correspondence must include the PACSES Case Number. Income and Expense Statement THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or part, you must also fill out the Supplemental Income Statement which appears on page two of this income and expense statement.) , -?- i INCOME STATEMENT OF ` Jjer- I T 1 P{, ' l 11,09 INCOME:. Employer 0n- / Address Type of Work Payroll No. Gross Pay per Pay Period $ Itemized Pavroll Deductions: Federal Withholding $11 . // Social Security $ Local Wage Tax $ J-111 State Income Tax $ j ' Retirement $ . Savings Bonds $ Credit Union . $ Life Insurance $ J. 7 $ Health Insurance $ $ T $ Other Deductions (specify) $ .463 Q1 kOQ.i) $ ,, j I _j Net Pay per Pay Period $ OTHER (Fill in Appropriate Column) INCOME WEEK MONTH YEAR Interest $ $ Is Dividends Pension Annuity Social Security Rents Expense Account Gifts Unemployment Workmen's Compensation Other Other TOTAL $ TOTAL INCOME $ Service Type M * H=Husband; W=Wife; J=Joint Form IN-008 Worker ID 21205 PROPERTY Ownership * OWNED DESCRIPTION VALUE H W J Checking Accounts $ Savings Accounts Credit Union Stocks/Bonds Real Estate /- t Lf pis J-11, ?q5 t Other 5 TOTAL $ ?.-sue %IS I Section I: Income and Insurance 5 ` i+ Income and Expense Statement Coverage INSURANCE COMPANY POLICY # H W C Hospital Blue Cross Other Medical Blue Shield Other "CI Health/Accident Disability Income Dental Other PACSES Case Number 115108658 * H=Husband; W=Wife; C=Child Section II: Supplemental Income Statement a. This form is to be filled out by a person (1) who operates a business or practices a profession, or EJ (2) who is a member of a partnership or joint venture, or n (3) who is a shareholder in and is salaried by a closed corporation or similar entity. b. Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession- corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement C. Name of business: Address and telephone number: d. Nature of business (check one) (1) partnership El (2) joint venture (3) profession (4) closed corporation (5) other e. Name of accountant, controller or other person in charge of financial records: f. Annual income from business: (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: Service Type M Page 2 of 3 Form IN-008 Worker ID 21205 AI 13D.,51 ?drl 1Jll.l? _ Income and Expense Statement PACSES Case Number 115108658 Section III: Expenses Instructions: Only show extraordinary expenses in this section unless you filled out Section H on page two. The categories in BOLD FONT are especially important for calculating child support. If you are requesting Spousal Support/APL or if you assert your case cannot be determined according to the guideline grids or formula, this section must be fully completed. (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home kQry 55 Mortgage/Rent $ $ 75. o $ Maintenance Utilities Electric $ $ $ Gas Oil Telephone Water t r J?2 sowo ?-tl h Alb. 66 Employment Public Transport. $ $ $ Lunch Ob Taxes Real estate $ $ $ 13 •Z P."s"al-Property Insurance --- T 72-SEW Homeowner's $ $ $ 155.00 Automobile Life Accident Health 44 Other Automobile Payments $ $ $ Fuel ?p Repairs • 00 Medical Doctor $ $ $ Dentist Orthodontist Hospital Medicine Special needs (glasses, braces, ortho dic devices is - Cap.I 9_ OOLmw "ej t °9wK NO( EXPENSES (Fill in Appropriate Column) (continued) WEEK MONTH YEAR Education Private School $ $ $ Parochial School College Religious Personal Clothing $ $ 0 $ Food V? Barber/ Hairdresser Credit Payments d Credit Card jl[, o?gi4• Charge Memberships }A Loans Credit Union $ $ $ Miscellaneous Household Help $ $ $ Child care Papers/books Magazines Entertainment Pay TV D Vacation 00. Gifts Legal fees Charitable Other Child SuMort Alimony Payments Other I s I s I s i Total WEEK MONTH YEAR Expenses: $ $ $ I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the criminal penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. 14 q/0 6 Date Plaintiff or De ndant Service Type M Page 3 of 3 Form IN-008 Worker ID 21205 A O DEWAE WALI 0 C) a FfOq DURM T E 8Af£1Y /APfli dy W 0 r,u z Ln 0 O i < 9 z f c/l n m? 2 ? D? m ru r rv r ?. r O- > Ln "I LP1 ti 0 0 11-1 r r r W o 0 co A O O 3J a yam' .; w m O mG W G v3 G aj -f-6 '' 1 Ji. .31 n ? V I F b p VI ? A W ENTRY TICKET Z' m a- . n A ?r r a _ n 0 iA i ? ) c f ' >P. 3 n n WESLEY T. PHILLIPS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2006 - 5274 CIVIL TERM SHERI PHILLIPS, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce, or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WESLEY T. PHILLIPS, Plaintiff VS. SHERI PHILLIPS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 5274 CIVIL TERM CIVIL ACTION- AT LAW- IN DIVORCE PETITION TO MODIFY ORDER OF ALIMONY PENDENTE LITE AND NOW, comes the Plaintiff, Wesley T. Phillips, by and through his attorney's, the Law Offices of Patrick F. Lauer, Jr., L.L.C., and files this Motion and in support thereof, avers as follows: 1. That, in the above proceeding, the Plaintiff is Wesley T. Phillips, who resides at 37 Fox Hill Road, Shippensburg, Cumberland County Pennsylvania 17257, and the Defendant is Sheri Phillips, who resides at PO Box 331, 13930-B Weaver Avenue, Maugansville, Maryland 21767. 2. That on the 7th day of December, 2006, this an order was entered requiring plaintiff to pay alimony pendente lite to the defendant in the amount of $775.00 per month. 3. That since the entry of the said ORDER the circumstances have changed, as follows: a) Plaintiff was involved in a motorcycle accident and is unable to work due to the injuries he sustained, plaintiff now receives disability income which is substantially lower than his working income; b) Defendant has a new job with a pay increase; C) At the time of the APL order defendant had custody of the parties grandchild, the childs mother now has physical custody. 4. That the Petitioner believes the Order should be terminated or reduced. WHEREFORE, your Petitioner prays your Honorable Court to terminate or reduce its alimony pendente lite order. Respectfully su itted, Marlin L. M ley' EsquirVauer, Law Offices f Patrick F. Jr., LLC 2108 Market Street, Aztec`Building Camp Hill, Pennsylvania 17011-4706 Date: ID# 84745 Tel. (717) 763-1800 WESLEY T. PHILLIPS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2006 -5274 CIVIL TERM SHERI PHILLIPS, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant VERIFICATION I verify that the statements made in this Petition to Modify Alimony Pendente Lite are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: © Signature:-: ' °- Wesley T. P illips V C."' ?...t 7 Y S l ? { f7l rn Ga '-C WESLEY T. PHILLIPS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-5274 CIVIL TERM SHERI PHILLIPS, IN DIVORCE Defendant/Respondent . PACSES Case Number: 667108817 ORDER OF COURT AND NOW, this 9th day of July 2007, a petition has been filed against you, Sheri Phillips, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at theDomestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on August 7, 2007 at 10:30 A.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an. Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issu a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Marlin L. Markley, Esq. Sean M. Shultz, Esq. / Date of Order: July 9, 2007 R. J. Sh day, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 C'-' d WESLEY T. PHILLIPS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-5274 CIVIL TERM SHERI PHILLIPS, IN DIVORCE Defendant/Respondent . PACSES Case Number: 667108817 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 6th day of August 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on August 22, 2007 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior conference date of August 7, 2007. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you (6) IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Date of Order: August 6, 2007 Copies mailed to: Petitioner Respondent Marlin L. Markley, Esq. Sean M. Shultz, Esq. r .Sh day, n rence Officer ?s YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 C? ® 0 Q -n -} j..... r In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SHERI J. PHILLIPS ) Docket Number 06-5274 CIVIL Plaintiff ) VS. ) PACSES Case Number 6 6 710 8 817 WESLEY T. PHILLIPS ) Defendant ) Other State ID Number ORDER TO CREDIT ARREARS AND NOW, on this 22ND DAY OF AUGUST, 2007 IT IS HEREBY ORDERED that credit be given on the above captioned case in the amount of $ 3, 10 0.0 0 . There ® is O is not an agreement of the parties to the credit. This credit is for: ? Direct Payments. ? Purchases made or services performed by the Defendant on behalf of the Plaintiff or children. ? Time children resided with the Defendant as agreed upon by parties, or addressed in a partial custody order for the following time periods: From to From to From to ® Other: THE CREDIT IS FOR A PERIOD OF SIXTEEN WEEKS THAT DEFENDANT WAS OUT OF WORK ON DISABILITY PAY. THE CREDIT WILL BE USED IN EQUITABLE DISTRIBUTION. ?L b Planntff Defendant ? 22 0? Date Date BY THE COURT: ?- o-7 Date U Service Type M * X4 JUDGE Form FI-002 Worker ID 21005 {t ? ?.,:3 ?-- .?? _,y,7 ._..; ?? ?? «.._.. '. i-. WESLEY T. PHILLIPS, Plaintiff VS. SHERI PHILLIPS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 -`5274 CIVIL TERM CIVIL ACTION- AT LAW- IN DIVORCE AND NOW COMES, the Plaintiff, Wesley T. Phillips, by and through his attorneys, The Law Offices of Patrick F. Lauer, Jr., LLC, and moves the Court to appoint a Master with respect to the following claims: (X) Divorce ( ) Annulment (X) Alimony ( ) Alimony Pendente Lite and in support of the Motion states: (X) Distribution of Property ( ) Support (X ) Counsel Fees ( ) Costs and Expenses 1. Discovery is not complete as to the claims for which the appointment of a master is requested. 2. The Defendant has appeared in the action by counsel Sean M. Shultz, Esquire. 3. The statutory grounds for divorce are 3301(a)(2), 3301(a)(6), 3301(c) and 3301 (d). 4. The action is contested with respect to Divorce, Alimony, Distribution of Property and Counsel Fees. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take half of a day. Dam: If2'1/2 6?7 Respectfully submitted, arlin L. Maad y squire 2108 Mark. t, Aztec Building Camp Hill, P lvania 17011-4706 IN 84745 Tel. (717) 763-1800 y* w WESLEY T. PHILLIPS, Plaintiff VS. SHERI PHILLIPS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 -5274 CIVIL TERM CIVIL ACTION- AT LAW- IN DIVORCE CF.RTIFICATF, nF RFRVICF. I, Marlin L. Markley, Esquire, hereby certify that on the below-noted date, served a true and correct copy of the foregoing Motion for Appointment of Master upon the following named counsel by depositing same, postage prepaid, in the United States Mail, addressed as follows: Sean M. Shultz, Esquire 11 Roadway Drive, Suite B Carlisle, PA 17015 Date: 2,11 2 to 7 161ar1? ey, Esquire 2108 M Wet Street, Aztec Building Camp Hfil, Pennsylvania 170114706 ID# 84745 Tel. (717) 763-1800 ca r to ; 3 WESLEY T. PHILLIPS, Plaintiff VS. SHERI PHILLIPS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006 - 5274 CIVIL TERM : CIVIL ACTION- AT LAW- IN DIVORCE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO THE OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 WESLEY T. PHILLIPS, Plaintiff VS. SHERI PHILLIPS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 5274 CIVIL TERM CIVIL ACTION- AT LAW- IN DIVORCE AND NOW, comes the Plaintiff, Wesley T. Phillips, through his attorneys, The Law Offices of Patrick F. Lauer, Jr., LLC, and files the following petition to add a fault ground for divorce and for counsel fees: 1. The Plaintiff, Wesley T. Phillips, is an adult individual currently residing 37 Fox Hill Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. The Defendant, Sheri Phillips, is an adult individual currently residing at 13930 Weaver Avenue, Maugansville, Maryland, 21767. 3. Plaintiff filed the above-captioned divorce complaint on September 8, 2006. 4. Defendant filed an answer and counterclaim on November 9, 2006. COUNT V - FAULT DIVORCE UNDER SF.MON 3381(a)W OF THF. DIVQRrF rQnR 5. Paragraphs one (1) through four (4) are incorporated herein by reference as if set forth specifically below. 6. . Defendant has committed adultery. 7. This action is not collusive as defined by § 3309 of the Divorce Code. WHEREFORE, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to § 3301(a)(2) of the Divorce Code. COUNT V - PT AiNTiTi S COUNSET. FEES 8. Paragraph one (1) through seven (7) are incorporated herein by reference as if set forth specifically below. 9. Plaintiff avers that throughout the course of this litigation Defendant's conduct has been dilatory, obdurate, and vexatious as a result Plaintiff has incurred counsel fees. WHEREFORE, Plaintiff, Wesley T. Phillips, respectfully requests this Honorable Court to direct the Defendant to pay the counsel fees of the Plaintiff. Respectfully Date: ! Zl , a °r iGlarlin,,,?y, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 WESLEY T. PHILLIPS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2006 - 5274 CIVIL TERM SHERI PHILLIPS, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant I verify that the statements made in this Petition for Counsel Fees are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: - / Signature: .001e_1_ -f? Wesley T. Phillips WESLEY T. PHILLIPS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2006 - 5274 CIVIL TERM SHERI PHILLIPS, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant CERTMCATF. nF SERVICE. I, Marlin L. Markley, Esquire, hereby certify that on the below-noted date, served a true and correct copy of the foregoing Petition to Add count for fault ground divorce and for Counsel Fees upon the following named counsel by depositing same, postage prepaid, in the United States Mail; addressed as follows: Sean M. Shultz, Esquire 11 Roadway Drive, Suite B Carlisle, PA 17015 Respectfully Date: 1 /21 140 7 MaACL.4arkley, Esquire 2108 M et Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 IN 84745 Tel. (717) 763-1800 0 PA 6 0 - 4 ,.t. Q W SEP 26 Vx WESLEY T. PHILLIPS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2006 - 5274 CIVIL TERM SHERI PHILLIPS, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant AND NOW, this 5c day of 2007, E. ROBERT ELICKER, II, is hereby appointed Master in Divorce. BY THE COURT: f J. D'tribution: Iarlin L. Markley, Esq., 2108 Market St., Camp Hill, PA 17011 ,,79ean M. Shultz, Esq., 11 Roadway Drive, Suite B, Carlisle, PA J 17015 CII) cts ? J ? r '? h LO cv CL. rn , 0 CL J ca ? cv WESLEY T. PHILLIPS, Plaintiff/Movant vs. SHERI PHILLIPS, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 5274 CIVIL TERM : CIVIL ACTION- AT LAW- IN DIVORCE PT AINTIFF'S MOTION FOR AN ORDER TO COMPEL DEFENDANT TO ANSWER INTFRROGATORIVS AND PRODUCT, RE0 1JESTED DOC'I TMFNTS The Plaintiff, Wesley T. Phillips, by and through his attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC, hereby moves this Court to enter an Order pursuant to Pa.R.C.P. 1930.5(b) and 4019(a)(1)(i) for failure of Defendant, Sheri Phillips, to answer interrogatories and produce requested documents, and in support thereof, avers the following: 1. Movant is the Plaintiff, Wesley T. Phillips. 2. Respondent is the Defendant, Sheri Phillips. 3. On September 8, 2006, Plaintiff filed a Complaint for a Divorce under §3301(c) & (d) along with a count for equitable distribution. 4. Defendant filed an answer and counterclaim on or about November 8, 2006, with a count for alimony, alimony pendente lite, counsel fees and expenses. 5. In order to develop properly the above economic claims, interrogatories and a request for production of documents were sent to and received at the defendant's counsel's office on September 21, 2007. See attached Exhibit "A". 6. Plaintiff's requests were served in accordance with Pa.R.C.P. 1930.5 and 4005, and were to be answered within thirty (30) days. 7. Defendant filed no objection to plaintiff's requests nor requested an extension of time for responding. 8. On November 2, 2007, plaintiffs counsel sent a letter to defendant's counsel indicating that answers to the Interrogatories and requested documents had not been received and were past due. See attached Exhibit "B". 9. Despite repeated assurances from defendant's counsel that the requested answers and documents would be forthcoming, the answers and documents have not been received and it is now more than thirty (30) days since the requests were served. 10. The answers and documents requested by plaintiff are essential to the proper development and presentation of his case. Without said answers and documents, plaintiffs case is unduly prejudiced. 11. Defendant's conduct in not responding to plaintiffs discovery request is totally unjustified, and has necessitated the filing of the instant Motion. 12. Plaintiff has made a good faith effort to resolve this discovery dispute. 13. The Honorable Edgar B. Bayley has issued orders previously for this case regarding issues not related to this petition. WHEREFORE, plaintiff respectfully requests that this Honorable Court enter an Order: D. compelling defendant to produce all of the documents requested by plaintiff within twenty (20) days of this Court's Order, and upon defendant's failure to comply within the allotted time period, to suffer sanctions to be imposed by further Order of Court; E. directing defendant to answer plaintiff's interrogatories within twenty (20) days of this Court's Order; F. directing defendant to pay plaintiff's reasonable counsel fees and expenses incurred in connection with the filing, preparation and disposition of the instant Motion in the amount of $350.00; and G. granting further relief as is deemed necessary and just. Merlin N&(rkley, Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: December 20, 2007 ID# 84745 Tel. (717) 763-1800 THE LAW OFFICES OF PATRICK F. LAUER, 2108 MARKET STREET, AZTEC BUILDING CAMP HILL, PENNSYLVANIA 17011 Patrick F. Lauer, Jr., Esq.* (717) 763-1800 FAX (717) 763-4247 Marlin L. Markley, Esq.** Reply to Camp Hill Address 1-800-822-4-LAW September 18, 2007 Sean M. Shultz, Esquire 11 Roadway Drive, Suite B Carlisle, PA 17015 RE: Phillips v. Phillips, Divorce Cumberland County No. 2006-5274 Dear Sean: Satellite Office: 8 S. Hanover Street Carlisle, PA 17013 yrWW d„i-pa_cnm Enclosed please find the Plaintiffs Request for Production of Documents and Plaintiff's Interrogatories To Defendant to be answered by Ms. Sheri Phillips. Kindly accept service of the same on behalf of your client, and complete and return the Acceptance of Service to my office in the self-addressed stamped envelope. Please feel free to contact my office should you have any questions or concerns. Very truly Marlin L. M I *, Esquire MLM/ben cc: W. Todd Phillips Enclosures JR., L.L.C. *Board Certified as a Criminal Trial Advocate by the National Board of Trial Advocacy. *'"O- Member: National Association of Criminal Defense Lawvers Er ?M? M ` " 0 F F I C m - m fttw $ .. n CerMW Fee r ' ? 1 RK (Erin M . S=DM " = Er (I R 9 M 0 Q C? N /P**M . Here'! V ¦ GompleteJtems 1 2, and 3. Also complete item 4 ff Ftesbiced Delivery Is desired. ¦ Print yocur mama and address on the reverse so that we can return the card to you. ¦ Attach 'this card to the back of the malipiece, or on the front If space permits. 1. Article Addressed to: 616 Rite ? _ •r `-! X... " Addressee B: Iecvea byd'' ' C. Date of Delivery k? ? ? ?- 2r-o7 D. Is delivery address d iverent ftm item 17 ? Yes If YES, enter delivery address below: 3, SWAOO ,ype .erdflad Mail Man o . C_ ???i?,?n`'"" ?'?_ fa Marrnana>sa 1 y/? /? ? Insured mail 0 C.0.D. t 10 I d. Rssh**)d peliveryt Pft Fes) P- Article Numbw mwxfsr flamaarvibek1w 7005 0390 0006 3485 6992 y-? PS Form 3811, February 2004 Domestic Retum Receipt 102595-M-M-ts40 THE LAW OFFICES OF PATRICK F. LAUER, JR., L.L.C. 2108 MARKET STREET, AZTEC BUILDING CAMP HILL, PENNSYLVANIA 17011 Patrick F. Lauer, Jr., Esq.* (717) 763-1800 FAX (717) 763-4247 Satellite Office: Marlin L. Markley, Esq.** Reply to Camp Hill Address 8 S. Hanover Street Carlisle, PA 17013 1-800-822-4-LAW _ www-dni=pa_rnm November 2, 2007 Sean M. Shultz, Esquire. 11 Roadway Drive, Suite B Carlisle, PA 17015 RE: Phillips v. Phillips, Divorce Cumberland County No. 2006-5274 Dear Sean: As you may recall on September 18, 2007, I forwarded to you Interrogatories and a Request for Production of Documents, which answers were due on or before October 25, 2007. I have not yet received your answers. Please forward- your answers to these interrogatories and the requested documents to me immediately to avoid court involvement. Additionally, I note that in your October 17, 2007, certification to Mr. Ellicker, you advised that defendant intends to propound interrogatories and request for production of documents upon plaintiff. I have not received any requests yet, if you are requesting interrogatory answers or documents please do so without further delay. Esquire MLNV cc: W. Todd Phillips *Board Certified as a Criminal Trial Advocate by the National Board of Trial Advocacy. **?WMember: National Association of Criminal Defense Lawyers WESLEY T. PHILLIPS, Plaintiff/Movant vs. SHERI PHILLIPS, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 5274 CIVIL TERM : CIVIL ACTION- AT LAW- IN DIVORCE I, Marlin L. Markley, Esquire, hereby certify that I have served a true and correct copy of the foregoing PLAINTIFF'S MOTION FOR AN ORDER TO COMPEL DEFENDANT TO ANSWER INTERROGATORIES AND PRODUCE REQUESTED DOCUMENTS upon the Defendant's counsel, by depositing a copy of same in the United States Mail, certified mail, return receipt, as follows: Sean M. Shultz, Esquire 11 Roadway Drive, Suite B Carlisle, PA 17015 submitted, Date: December 20, 2007 M niL Markley, Esquire La Offi of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 N r O r7 i Ul WESLEY T. PHILLIPS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SHERI PHILLIPS, Defendant NO. 06-5274 CIVIL TERM ORDER OF COURT AND NOW, this 31St day of December, 2007, upon consideration of Plaintiff's Motion for An Order To Compel Defendant To Answer Interrogatories and Produce Requested Documents, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, J Marlin L. Markley, Esq. 2108 Market Street Camp Hill, PA 17011 Attorney for Plaintiff Sean M. Shultz, Esq. 11 Roadway Drive Suite B Carlisle, PA 17013 Attorney for Defendant :rc 6 £ =01 WV I £ 030 LOOT ddVlUt4vi-LWd 3H3 Q 3al:;' .O-aTU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY T. PHILLIPS, No. 06-5274 Civil Term Plaintiff In Divorce V. SHERI PHILLIPS, Defendant Civil Action - Law DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION FOR AN ORDER TO COMPEL DEFENDANT TO ANSWER INTERROGATORIES AND PRODUCE REQUESTED DOCUMENTS AND NOW, this 11 to day of January, 2008, comes Defendant, Sheri Phillips, by and through her counsel, Sean M. Shultz, Esquire, and files the following Answer to Plaintiff's Motion for an Order to Compel Defendant to Answer Interrogatories and Produce Requested Documents: L Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. It is denied that Defendant did not request an extension of time for responding. On multiple occasions, Defendant's counsel or his staff notified Plaintiff's counsel or his staff of delays in the response to Plaintiff's discovery requests which were due to delays by institutions through which Defendant had to request much of the documentation to answer the discovery. 8. Admitted. 9. Denied. Defendant answered said Interrogatories and Request for Production of Documents and mailed same to Plaintiff s counsel on December, 20, 2007, prior to knowledge of Plaintiff s instant motion. Copies of the cover letters to Plaintiffs counsel are attached hereto as Exhibit "A". 10. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 10. Therefore strict proof thereof is demanded. 11. Denied. Defendant's counsel's staff informed Plaintiffs counsel's staff that the documents would be sent by December 21, 2007. Plaintiff s counsel filed the Motion to Compel on December 20, 2007, the same day that the answers were mailed to him by Defendant's counsel. 12. Denied. It is denied that Plaintiff made a good faith effort to resolve this dispute. By way of further answer, staff ofDefendant's counsel informed Plaintiff s counsel through his staffthat the discovery responses would be sent by December 21, 2007. Plaintiff's counsel raised no objection to the date for response at the time and then later filed the instant motion prior to the date identified by Defendant's counsel that the responses would be mailed to Plaintiff s counsel. Furthermore, upon the receipt of the service of the instant motion on or about December 27, 2007, staff of Defendant's counsel e-mailed staff of Plaintiff s counsel questioning whether Plaintiff would be withdrawing the instant motion since the discovery responses had been received by Plaintiff's counsel. To date, no reply has been received from Plaintiff s counsel. 13. Admitted. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff s Motion for an Order to Compel Defendant to Answer Interrogatories and Produce Requested Documents. KNIGHT & ASSOCIATES, P.C. Sean M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Defendant VERIFICATION I verify that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belief. This Verification is made by Defendant's counsel based upon information provided by Defendant to Defendant's counsel regarding the factual averments contained herein. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Exhibit "A" I { i. KNIGHT &. ASSOCIATES P.C. Attorneys at Law December 20, 2007 Marlin L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011 RE: Wesley T. Phillips v. Sheri Phillips No. 2006-5274 Our File No. 3999.1 Dear Attorney Markley: Enclosed please find Defendant's Answers to Plaintiff's Interrogatories to Defendant in the above-referenced matter. Should you have any questions or wish to discuss this matter further, please contact me after the holiday. Very truly yours, KNIGHT & ASSOCIATES, P.C. (JU4 Jj1*1 l4k Sean M. Shultz SMS/dmh Enclosures cc: Sheri Phillips 11 Roadway Drive Suite B Carlisle, PA 17015 717-249-5373 717-249-0457 tax KNIGHT &AssociATES P.C. Attomeys at Law December 20, 2007 Marlin L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011 RE: Wesley T. Phillips v. Sheri Phillips No. 2006-5274 Our File No. 3 999.1 Dear Attorney Markley: This letter is a response to Plaintiff's Request for Production of Documents in the above- referenced matter. Request Nos. 1 and 2 - My client has been unable to obtain any copies of life insurance policies insuring your client's life. Request Nos. 3 and 4 - My client is waiting for the copies of life insurance policies insuring her life and will supplement this Request for Production of Documents at that time. Request No. 5 - Copies are enclosed. Request No. 6 - Copies are enclosed. Request No. 7 - Copies are enclosed. Request No. 8 - Copies are enclosed. Request No. 9 - Not applicable. Request No. 10 -Not applicable. Request No. 11 - All items requested in Request No. 11 are in Plaintiff's name and Defendant does not have access to them. 11 Roadway Drive Suite $ Carlisle, PA 17015 717-249-5173 71 7-249-0457 tax Marlin L. Markley, Esquire December 20, 2007 Page Two Request No.12 - May 18, 2007 - November 23, 2007 statements are enclosed for the Capital One credit card account. This request will be supplemented at a later date as statements that have been requested of Capital One are received. Request No. 13 - Not applicable. Should you have any questions or wish to discuss this matter further, please contact me after the holiday. Very truly yours, KNIGHT & ASSOCIATES, P.C. Sean M. Shultz SMS/dmh Enclosures cc: Sheri Phillips IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY T. PHILLIPS, No. 06-5274 Civil Term Plaintiff In Divorce V. Civil Action - Law SHERI PHILLIPS, Defendant CERTIFICATE OF SERVICE AND NOW, this I 1" day of January, 2008, I, Sean M.Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Answer, by first class, United States Mail, postage pre-paid, addressed as follows: Marlin L. Markley, Esquire The Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011 Attorney for Plaintiff Sean M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Defendant FAUser Folder\Finn Docs\Chents FileW999-1 Sheri Phillips\Documents\enswer.nrle.wpd KNIGHT & ASSOCIATES, P.C. ?? ? _ __ . ?? -?-? . _, . ?... - .. w `" r4 s-fi ?_ , -r ; .., ; _ ? ?- ? s .. ?;> _ -? ' :?„ _ ?=? :-n N -- -? 7 -. ? 4 •-< WESLEY T. PHILLIPS, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-5274 CIVIL TERM SHERI J. PHILLIPS, IN DIVORCE Defendant/Respondent : PACSES CASE NO: 667108817 ORDER OF COURT AND NOW, this 18th day of August, 2008, a petition has been filed against you, Sheri J. Phillips, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on September 15, 2008 at 10:30 A.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Sean M. Shultz, Esq. Marlin Markley, Esq. 4Sha Date of Order: August 18.2008 C fe nce Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRE1NT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 r*y -€? a? -?- -c t,:.. ,? -; 4X :? :; -?a s. ` ,.. 4, > ??? .?7 • F V ?...P ? ? . ,r??* _ F??r`? .N .?? p..'" P, AUG 1 5 ?Me In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION WESLEY T. PHILLIPS ) Docket Number 06-5274 CIVIL Plaintiff ) vs. ) PACSES Case Number 667108817 SHERI J. PHILLIPS ) Defendant ) Other State ID Number PETITION FOR MODIFICATION OF AN EXISTING,ORDER 1. The petition of WESLEY T. PHILLIPS respectfully represents that on DECEMBER 7, 2006 , an Order of Court was entered for SHERI J. PHILLIPS A true and correct copy of the order is attached to this petition. Form OM-501 Service Type M Worker ID 21205 ." Jr, PHILLIPS V- PHILLIPS PACSES Case Number: 6 6 710 8 817 2. Petitioner is entitled to Q increase QWX decrease )"40 termination Q reinstatement 0 other of this Order because of the following material and substantial change(s) in circumstance: G°4eofs 'r-, f, 01 '00'a ,may &, A-9/, /171. WHEREFORE, Petitioner requests that the Court modify the existing order Petitioner Attorney for Petitioner I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. /3 0? - -- 4L Date Petitioner Page 2 of 2 Form OM-501 Service Type M Worker ID 21205 rv 0 ?j Vin.. r?JF ni 4CO r F l'? S v ? ..w 2 tt .:? O WESLEY T. PHILLIPS, Plaintiff/Respondent VS. SHERI J. PHILLIPS, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 06-5274 CIVIL TERM IN DIVORCE PACSES Case No: 667108817 ORDER OF COURT AND NOW, this 15th day of September 2008, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 3,212.23 and the Respondent's monthly net income/earning capacity is $ 4,581.82, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Five Hundred Forty-eight and 00/100 Dollars ($ 548.00) per month payable weekly as follows: $ 548.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule in the amount of $126.46 weekly. The effective date of the order is August 18, 2008. Arrears set at $ 355.51 as of September 15, 2008. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Sheri J. Phillips. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Mailed copies on: September 16, 2008 to: Petitioner Respondent Elizabeth S. Beckley, Esq. Mary A. Dissinger, Esq. Petitioner's Attorney Respondent's Attorney BY THE COURT, A /4 Kevi . Hess, J. DRO: R.J. Shadday r? 9 fir: two ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 667108817 OOriginal Order/Notice Co./City/Dist. of CUMBERLAND 06-5274 CIVIL @Amended Order/Notice Date of Order/Notice 09/15/08 OTerminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE: PHILLIPS, WESLEY T. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 276-62-8297 Employee/Obligor's Social Security Number CON-WAY FREIGHT 9015101731 C/O CON-WAY CENTRAL EXPRESS Employee/Obligor's Case Identifier PO BOX 4121 (See Addendum for plaintiff names PORTLAND OR 97208-4121 associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o. oo per month in current child support $ o. oo per month in past-due child support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current medical support $ o . oo per month in past-due medical support $ 548.00 per month in current spousal support $ o. oo per month in past-due spousal support $ 0.00 per month for genetic test costs $ o. oo per month in other (specify) $ one-time lump sum payment for a total of $ 548.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 126.46 per weekly pay period. $ 274.00 per semimonthly pay period (twice a month) $ 252.92 per biweekly pay period (every two weeks) $ 548.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. /0. X4 BY THE COURT: KEVIN . HESS, JUDGE DRO: R.J. SHADDAY Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker I D $ IATT 0. 0 5480 x 1201 52•= 126.46* 5480 x 12•+ 26•= 252•92* ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS t die ent fryou he state theta sued thseorcfpa of this must?be proovi?edpto your lemp?oyee el?en if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 9429040840 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 13 EMPLOYEE'S/OBLIGOR'S NAME: PHILLIPS, WESLEY T. EMPLOYEE'S CASE IDENTIFIER: 9015101731 DATE OF SEPARATION LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT r 1% ADDENDUM Summary of Cases on Attachment Defendant/Obligor: PHILLIPS, WESLEY T. PACSES Case Number 667108817 Plaintiff Name SHERI J. PHILLIPS Docket Attachment Amount 06-5274 CIVIL$ 548.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT N `t? i?ry cn mr-, ? pry =? W WESLEY T. PHILLIPS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2006 - 5274 CIVIL TERM SHERI PHILLIPS, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I, Marlin L. Markley, Esquire, verify the Complaint in Divorce has been served upon the Defendant indicated above by first class, certified mail # 7005-0390-0006-3485-7180, restricted delivery, return receipt requested, prepaid postage, pursuant to the requirements of Pa. R.C.P. 1930.4. ? ?I ?fa t, ?. alMf Z Ai?O y bw + 111olaM Mmy r dw of • PrWyour.w. aW ed?ees on the reverse w that we can return the c wd to you. ¦ Attach this c and to the back of the mallp1we, or on the front N q=9 permits. 1. Ardeft 37Fa?lfilCl P `r/ ft" C. Date of Ddrwy ANN ` ow"Arilan arMWw.O 7005 0390 0006 3485 7180 PS Fenn 9914, Fdrjoy 2W4 o"aft INwn R.o.lpc ,moo ,Karlin L. M ////'? Law of Patrick F. Lauer, Jr., LLC -2108 ket Street, Aztec Building 9 ,/ Z y Camp ll, Pennsylvania 17011-4706 Date: ?f ID# 84745 Tel. (717) 763-1800 Ell cn '1 pr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY T. PHILLIPS, Plaintiff V. No. 06-5274 Civil Term In Divorce Civil Action - Law SHERI PHILLIPS, Defendant AFFIDAVIT OF CONSENT STATE OF COUNTY OF SS. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 8, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unsworn falsification to authorities. Date: q J 200 9 Sworn to and subscribed before me this 5 day of 'i +qn , 200/G / Notary Public F:UlserFoldeAFirmDocsNUentsFiles\3999-1 Sheri PhillipslDocumemslnft:aonsent.wpd Sh ri Phillips WMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL EMCYTI ASSt E . MURPHY, Notary PUM Y of uvmster. Larxaste? CoUMy mn*sion Expires Nov. 28, 2011 rv , L`:H : - ? ? IT2 - T7 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY T. PHILLIPS, Plaintiff V. SHERI PHILLIPS, Defendant No. 06-5274 Civil Term In Divorce Civil Action - Law WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division ofproperty, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 9 a V61/ Sheri Phillips FAUser FnldcAFirm DocsT icnis FilcW999-I Sheri Phillips\Documents\woiver.nodce.wpd c>_ c- f.;... -TI t 7 t JP WESLEY T. PHILLIPS, Plaintiff VS. SHERI PHILLIPS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 5274 CIVIL TERM CIVIL ACTION- AT LAW- IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 8, 2006. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: I Signature: ?- -?---? Wesley T. Phillips r Y:__. Fn, WESLEY T. PHILLIPS, Plaintiff VS. SHERI PHILLIPS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 5274 CIVIL TERM CIVIL ACTION- AT LAW- IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: r Signature: Wesley T. Phillips N 4. ^ ?y • ! J./ e?y? ! ro KJ'Y WESLEY T. PHILLIPS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2006 - 5274 CIVIL TERM SHERI PHILLIPS, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant THIS AGREEMENT by and between WESLEY T. PHILLIPS, of Chambersburg, Franklin County, Pennsylvania, hereinafter referred to as Husband; and SHERI PHILLIPS of New Providence, Lancaster County, Pennsylvania, hereinafter referred to as Wife, WITNESSETH THAT: WHEREAS, Husband and Wife_ were married on July 12, 1997, in Hedgesville, West Virginia; and WHEREAS, both Husband and Wife are bona fide residents of the Commonwealth of Pennsylvania and have been for at least the past six months; and WHEREAS, certain differences. have arisen between the parties hereto and, as a consequence, they have ceased living as Husband and Wife; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, make an equitable distribution of their marital property, and determine their rights to alimony, support, and all other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, and the parties now wish to have that agreement reduced to writing; and 1 WHEREAS, in preparing this Agreement and negotiations contemporaneously therewith, Husband was represented by Marlin L. Markley, Esquire, and Wife was represented by Sean M. Shultz, Esquire; and NOW THEREFORE, the parties, in consideration of the mutual promises set forth hereinafter, and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1.1 SEPARAT O . It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness of the causes leading to them living separate and apart. 1.2 EFFECT OF RFCONCTLIATTO . This Agreement shall not be deemed to have been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital relations between the parties. The parties shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed, and acknowledged in the same manner as this Agreement. 2.1 DIVORCE ACTIO . This Agreement is not predicated on divorce. Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that Husband has filed a divorce action against Wife, and that both parties agree, as a condition to this agreement, to execute the necessary divorce consents required by Section 3301(c) of the Divorce Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly finalize said action. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2 2.2 FINAL RESOMITTnN. It is further specifically understood and agreed that the provisions of this Agreement relating -to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 INCORPORATTON OF AGREEMENT INTO D CRFF. It is specifically agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. 3.1 CRITERTA OF DISTRTRTTTTO . The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; and the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective. 3.2 SATISFACTION OF RIGHTS OF FnTTTTART F D STRIRTTTTnN. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of parties. 3.3 RELINOTTISHMENT OF CLAIMS. Husband agrees to relinquish all claims to. any assets that may be acquired by Wife prior to the finalized divorce decree, and Wife agrees to 3 I relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce decree, except as may be otherwise set forth herein. 3.4 The parties were previously the owners of real estate located at 37 Fox Hill Road, Shippensburg, Pennsylvania, which was sold by their mutual agreement. The net proceeds of sale in the amount of $21,414.76 are presently held in escrow. Upon entry of a decree in divorce in this matter, the sum of $13,000.00 shall be released to Wife. The remaining proceeds shall be used to pay the lein held by Patriot Federal Credit Union against the 2005 Harley Davidson motorcylce. Any proceeds remaining after the debt for the 2005 Harley Davidson motorcycle is paid in full, shall be paid directly to Husband. 3.5 PERSONAL PROPERTY. The parties have already divided the personal property to their mutual satisfaction. Each party hereby waives rights any property in the possession of the other. 3.6 RE,TIREME,NT. Each party has certain pension and retirement accounts which shall become the sole and separate assets of the party in whose name they were titled. This includes, but is not limited to, pension, individual retirement accounts, 401(k) and otherwise. Each party hereby relinquishes any right, title, interest or claim they may have in and to the retirement assets of the other. 3.7 REAL ESTATE, T,OCATFD AT 144 SCOTT ROAD, NOTTINGHAM PENNSYLVANIA. Husband agrees to transfer to Wife all of his interest in the real estate located at 144 Scott Road, Nottingham, Lancaster County, Pennsylvania 19362. Wife shall have sole and exclusive possession thereof, and Husband shall cooperate with the execution of all documents in the usual form conveying, transferring, and granting to Wife all his right, title,. and interest in and to said real estate. 3.8 VEHICLES. There are four marital vehicles, namely a 1999 Toyota Rav-4, 1998 Plymouth Breeze, 1997 Ford Explorer, and 2005 Harley Davidson motorcycle. The parties agree that Wife shall take possession of the 1999 Toyota Rav-4 and will undertake all financial responsibility for the 1999 Toyota Rav-4, including, but not limited to, loan payments, insurance premiums, and maintenance. The parties also agree that Husband shall take possession of the 1998 Plymouth Breeze, 1997 Ford Explorer, and 2005 Harley Davidson motorcycle and will undertake all financial responsibility for the 1998 Plymouth Breeze, 1997 Ford Explorer, and 2005 Harley Davidson motorcycle, including, but not limited to, loan payments, insurance premiums, and maintenance. 4 I. If, by the time of execution of this agreement, title has not been transferred to reflect sole ownership of the 1999 Toyota Rav-4 in WIFE and sole ownership of the 1998 Plymouth Breeze, 1997 Ford Explorer, and 2005 Harley Davidson motorcycle in HUSBAND, such arrangements shall be made within Thirty (30) days of the execution date of this Agreement. 4.1 MORTGAGF FOR REMENCF LOCATED AT 144 SCOTT ROAD, NOTTINGHAM, PENNSYLVANIA. Wife agrees to accept sole responsibility for the mortgage encumbering the real estate located at 144 Scott Road, Nottingham, Pennsylvania,. and to hold Husband free and harmless from any and all liability which may arise from said mortgage. Wife shall accomplish an administrative assumption of the existing mortgage to facilitate removal of Husband's name therefrom. Alternatively, Wife shall refinance the mortgage into her name only no later than August 1, 2009. If Wife is ninety (90) days or greater late making any mortgage, tax, or insurance payment on the property prior to administrative assumption and/or refinancing the mortgage into her name only or fails to secure financing in her name for the property by August 1, 2009, then both parties will cooperate with the sale of the property and any proceeds or liability resulting from the sale of the property will be the sole property/responsibility of Wife. 4.2 SPECIFIC OUTSTANDING DFRTS OF HITSRAND, Husband agrees to accept sole responsibility for, and to hold Wife free and harmless from any and all liability which may arise from any account or debt that is solely in Husband's name. 4.3 SPECIFIC OITTSTANDING DFRTS OF HIM Wife agrees to accept sole responsibility for, and to hold Husband free and harmless from any and all liability that may arise from any account or debt that is solely in Wife's name. 5.1 KAMER OF ALIA40 NY. Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 5 6.1 ATTORNEYS FEES TTPON RRFACH. Each of the parties agrees that should either of them be in breach of contract and fail to comply with the terms of the Agreement herein the breaching party shall be responsible for all court costs and attorney fees reasonably necessary to enforce the Agreement. 6.2 ADVICF, OF COTTNSFL. The parties acknowledge that they have been given full and fair opportunity to consult legal counsel regarding the legal effect of this agreement. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that is not the result of any collusion or improper or illegal agreement or agreements. 6.3 LEGAL FFFS. Husband and Wife agree to be responsible for their respective legal fees. 6.4 CONTRACT TNTFRPRFTATTO . For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. Hershey Foods Corp. v. General Electric Service Co., 619 A.2d 285 (Pa. Super. 1992). 6.5 MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title, interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other, or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower, curtesy, or claims in the nature of dower, curtesy, widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or any other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any country. The parties further release any claim to all rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete and general release with respect to any and all property of any kind of nature, real or personal, not mixed, which 6 the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Both parties acknowledge that they have been .advised that each may have the right to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and/or expenses. Except as otherwise provided herein, each parry hereby waives any right to such economic claims ancillary to the divorce and accepts the provisions of this Agreement relating to these claims as a final settlement for all purposes, as contemplated by the Pennsylvania Divorce Code. 6.6 WARRANTIES Each parry represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife. each warrant, covenants, represent and agree that each will, now at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by. the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.7 MODWIC'ATION. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties, and no waiver of any enforcement claims for breach or default shall be deemed a waiver of any subsequent default of the same or similar nature. 6.8 DnCUIV E,NT EXECIT SIGN. The parties agree that they will promptly execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 6.9 GOVERNING TAW. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this Agreement. 6.10 RMING. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6.11 ENTIRE AGREEMENT, This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 7 6.12 SF ?FRARTT,TTY. If any term, condition, clause,. section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any parry to meet his or her obligation under any one or more of the articles and sections shall in no way void. or alter the remaining obligations of the parties. The parties expressly represent that the headings of each paragraph are solely for purposes of convenience and are not to be construed as controlling. 6.13 EQUITABLE DMSTO . It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal,. which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.14 DTSCLOSTTRF. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement and that this agreement was entered into in reliance upon that disclosure. 6.15 FNFORC'FARTT.TTY AND CONSTDFRATT(1N. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any.independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The 'consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year written. Wesley T. Phillips ate eri Phillips Date 8 WESLEY T. PHILLIPS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . IA VS. NO. 06 - 5274 CIVIL SHERI PHILLIPS, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of 2009, the economic claims raised in the proceed ngs haven ' resolved in accordance with a Postnuptial agreement dated December 20, 2008, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. cc: Marlin L. Markle Attorney for Plaintiff Sean M. Shultz Attorney for Defendant rAU l C 410F BY THE COURT, CALj Edgar B. Bayley, p.j. >. cr ?a `? ?... ??= ? ?..,.; tti.+ . - ,. :. -- ^ -- ; f F a ? tt f^?` 5 ??? i? !! ? _x'11 4 C? ?, . .. ?3 N U 4 WESLEY T. PHILLIPS, Plaintiff VS. SHERI PHILLIPS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006 - 5274 CIVIL TERM : CIVIL ACTION- AT LAW- IN DIVORCE THIS AGREEMENT by and between WESLEY T. PHILLIPS, of Chambersburg, Franklin County, Pennsylvania, hereinafter referred to as Husband; and SHERI PHILLIPS of New Providence, Lancaster County, Pennsylvania, hereinafter referred to as Wife, WITNESSETH THAT: WHEREAS, Husband and Wife_ were married on July 12, 1997, in Hedgesville, West Virginia; and WHEREAS, both Husband and Wife are bona fide residents of the Commonwealth of Pennsylvania and have been for at least the past six months; and WHEREAS, certain differences have arisen between the parties hereto and, as a consequence, they have ceased living as Husband and Wife; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, make an equitable distribution of their marital property, and determine their rights to alimony, support, and all other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, and the parties now wish to have that agreement reduced to writing; and 1 5 ` WHEREAS, in preparing this Agreement and negotiations contemporaneously therewith, Husband was represented by Marlin L. Markley, Esquire, and Wife was represented by Sean M. Shultz, Esquire; and NOW THEREFORE, the parties, in consideration of the mutual promises set forth hereinafter, and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1.1 SE,PARATTON. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness of the causes leading to them living separate and apart. 1.2 VFFF,CT OF RECONCILIATION. This Agreement shall not be deemed to have been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital relations between the parties. The parties shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed, and acknowledged in the same manner as this Agreement. 2.1 DIVORCE. ACTION. This Agreement is not predicated on divorce. Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that Husband has filed a divorce action against Wife, and that both parties agree, as a condition to this agreement, to execute the necessary divorce consents required by Section 3301(c) of the Divorce Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly finalize said action. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2 2.2 FINAL. RF.SOLTTTTnN. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 INCORPORATION OF AGREEMENT INTO DECREE It is specifically agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. 3.1 CRITERIA OF DISTRIBUTTO . The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; and the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective. 3.2 SATISFACTION OF RIGHTS OF EQUITABLE DISTRIBUTION. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of parties. 3.3 FT.IN TTTSHMFNT OF CLAIMS. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, and Wife agrees to 3 relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce decree, except as may be otherwise set forth herein. 3.4 The parties were previously the owners of real estate located at 37 Fox Hill Road, Shippensburg, Pennsylvania, which was sold by their mutual agreement. The net proceeds of sale in the amount of $21,414.76 are presently held in escrow. Upon entry of a decree in divorce in this matter, the sum of $13,000.00 shall be released to Wife. The remaining proceeds shall be used to pay the lein held by Patriot Federal Credit Union against the 2005 Harley Davidson motorcylce. Any proceeds remaining after the debt for the 2005 Harley Davidson motorcycle is paid in full, shall be paid directly to Husband. 3.5 PERSONAT. PROPERTY. The parties have already divided the personal property to their mutual satisfaction. Each party hereby waives rights any property in the possession of the other. 3.6 RRITHENENT. Each party has certain pension and retirement accounts which shall become the sole and separate assets of the party in whose name they were titled. This includes, but is not limited to, pension, individual retirement accounts, 401(k) and otherwise. Each party hereby relinquishes any right, title, interest or claim they may have in and to the retirement assets of the other. 3.7 REAL ESTATE LOCATED AT 144 SCOTT ROAD, NOTTINGHAM, PENNSYLVANIA. Husband agrees to transfer to Wife all of his interest in the real estate located at 144 Scott Road, Nottingham, Lancaster County, Pennsylvania 19362. Wife shall have sole and exclusive possession thereof, and Husband shall cooperate with the execution of all documents in the usual form conveying, transferring, and granting to Wife all his right, title, and interest in and to said real estate. 3.8 VEHTCT.ES. There are four marital vehicles, namely a 1999 Toyota Rav-4, 1998 Plymouth Breeze, 1997 Ford Explorer, and 2005 Harley Davidson motorcycle. The parties agree that Wife shall take possession of the 1999 Toyota Rav-4 and will undertake all financial responsibility for the 1999 Toyota Rav-4, including, but not limited to, loan payments, insurance premiums, and maintenance. The parties also agree that Husband shall take possession of the 1998 Plymouth Breeze, 1997 Ford Explorer, and 2005 Harley Davidson motorcycle and will undertake all financial responsibility for the 1998 Plymouth Breeze, 1997 Ford Explorer, and 2005 Harley Davidson motorcycle, including, but not limited to, loan payments, insurance premiums, and maintenance. 4 If, by the time of execution of this agreement, title has not been transferred to reflect sole ownership of the 1999 Toyota Rav-4 in WIFE and sole ownership of the 1998 Plymouth Breeze, 1997 Ford Explorer, and 2005 Harley Davidson motorcycle in HUSBAND, such arrangements shall be made within Thirty (30) days of the execution date of this Agreement. 4.1 MORTGAGE FOR RESIDENCE LOCATED AT 144 SCOTT ROAD. NOTTINGHAM. PENNSYI.YANIA. Wife agrees to accept sole responsibility for the mortgage encumbering the real estate located at 144 Scott Road, Nottingham, Pennsylvania,. and to hold Husband free and harmless from any and all liability which may arise from said mortgage. Wife shall accomplish an administrative assumption of the existing mortgage to facilitate removal of Husband's name therefrom. Alternatively, Wife shall refinance the mortgage into her name only no later than August 1, 2009. If Wife is ninety (90) days or greater late malting any mortgage, tax, or insurance payment on the property prior to administrative assumption and/or refinancing the mortgage into her name only or fails to secure financing in her name for the property by August 1, 2009, then both parties will cooperate with the sale of the property and any proceeds or liability resulting from the sale of the property will be the sole property/responsibility of Wife. 4.2 SPECIFIC OUTSTANDING DEBTS OF HUSBAND. Husband agrees to accept sole responsibility for, and to hold Wife free and harmless from any and all liability which may arise from any account or debt that is solely in Husband's name. 4.3 SPECIFIC OITTSTANDiNG DEBTS OF WIFE.. Wife agrees to accept sole responsibility for, and to hold Husband free and harmless from any and all liability that may arise from any account or debt that is solely in Wife's name. 5.1 WAME OF ALIMONY. Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 5 6.1 ATTORNRVS FFFS UPON RRF.ACH. Each of the parties agrees that should either of them be in breach of contract and fail to comply with the terms of the Agreement herein the breaching party shall be responsible for all court costs and attorney fees reasonably necessary to enforce the Agreement. 6.2 ADVICE. OF COUNSEL. The parties acknowledge that they have been given full and fair opportunity to consult legal counsel regarding the legal effect of this agreement. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that is not the result of any collusion or improper or illegal agreement or agreements. 6.3 LEGAL FEES. Husband and Wife agree to be responsible for their respective legal fees. 6.4 CONTRACT TNTERPRFTATTON. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. Hershey Foods Corp. v. General Electric Service Co., 619 A.2d 285 (Pa. Super. 1992). 6.5 MTTTTTAT. RFT.F,ASF,. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title, interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other, or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower, curtesy, or claims in the nature of dower, curtesy, widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or any other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any country. The parties further release any claim to all rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete and general release with respect to any and all property of any kind of nature, real or personal, not mixed, which 6 the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Both parties acknowledge that they have been advised that each may have the right to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and/or expenses. Except as otherwise provided herein, each party hereby waives any right to such economic claims ancillary to the divorce and accepts the provisions of this Agreement relating to these claims as a final settlement for all purposes, as contemplated by the Pennsylvania Divorce Code. 6.6 WARRANTIES. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each parry agrees to indemnify or hold the other parry harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenants, represent and agree that each will, now at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by.the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.7 MODIFICATION. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties, and no waiver of any enforcement claims for breach or default shall be deemed a waiver of any subsequent default of the same or similar nature. 6.8 DOCITMFNT RXE,CUMON. The parties agree that they will promptly execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 6.9 GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this Agreement. 6.10 BINDING. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6.11 ENTIRE AGREEMENT. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 7 6.12 SFVF,RARH,TTV. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections shall in no way void. or alter the remaining obligations of the parties. The parties expressly represent that the headings of each paragraph are solely for purposes of convenience and are not to be construed as controlling. 6.13 F TTTTARTX DTVTSTO - It is specifically' understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal,. which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.14 DYSCIDSTTRF,. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement and that this agreement was entered into in reliance upon that disclosure. 6.15 FNFORCFARTUTV AND CONSTT)FRATTCI i. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any .independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year written. Wesley T. Phillips ate eri Phillips Date 8 ? Y + Y Commonwealth of Pennsylvania: County of ?fO\Y1?, 1l VA SS PERSONALLY APPEARED BEFORE ME, this I ?) day of 2001, a notary public, in and for the Commonwealth of Pennsylvania, Wesley T. Phillips, kno to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. . IN WITNESS WI-tEREOF, I have hereunto set my hand and official seal. OOMMONWEALTH OF PENNSYLVANIA !NOTARIAL SEAL JOHN R. CLEVER, Notary Public Notary Public Bono of Chambersburg, Franklin County • Mk Commission Expires Aug. 6, 2012 Commonwealth of Pennsylvania: / : SS County of a?--CL y? C'120 PERSONALLY APPEARED BEFORE ME, this o20 day of AIdev, 200 Z, a notary public, in and for the Commonwealth of Pennsylvania, Sheri Phillips, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary COMMONWEALTH OF PENNSYLVANIA NOTr1'tW,AL SEAL TRINA M. ALEERT, Notary Public -ty of Lancaster, Lancaster County My Commission Expires Dec. 2, 2010 9 WESLEY T. PHILLIPS, Plaintiff vs. SHERI PHILLIPS, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006 - 5274 CIVIL TERM : CIVIL ACTION- AT LAW- IN DIVORCE Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under § 3301(c) §-33$f(d)(f) of the Divorce Code. 2. Date and Manner of service of the Complaint: Service by certified, restricted delivery mail # 7005 0390 0006 3485 7180 delivered on September 15, 2006. See attached Affidavit of Service. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by the Plaintiff January 11, 2009; by the Defendant Jammarv 5,?0n9- (b) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: ; Date of filing of the Plaintiffs affidavit upon the respondent: ; Date of service of the Plaintiffs affidavit upon the respondent: 4. Related claims pending: Please incorporate, without merging, the attached 5. (Complete either paragraph (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached, ; (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: Ja_m,arT 22, 2009; Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: January 2,r?009_ submitted, Marlin L. M eFt, squire Law O s ?fkf P k F. Lauer, Jr., LLC 2108 Market Stre Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: January 27, 2009 ID# 84745 Tel. (717) 763-1800 .. 7< WESLEY T. PHILLIPS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHERRI PHILLIPS No. 2006-5274 CIVIL TERM DIVORCE DECREE Z?;,D &A 1M..AA AND NOW, _, it is ordered and decreed that WESLEY T. PHILLIPS , plaintiff, and SHERRI PHILLIPS , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") V &-.Q- By the Prothonotary ?, ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State _Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND Date of Order/Notice 02/04/09 Case Number (See Addendum for case summary) 6y 0 , _Sv2 7y -94-525+-CIVIL O Original Order/Notice ()Amended Order/Notice Terminate Order/Notice ()One-Time Lump Sum/Notice RE: PHILLIPS, WESLEY T. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 276-62-8297 Employee/Obligor's Social Security Number CON-WAY FREIGHT* 9015101731 C/O CON-WAY CENTRAL EXPRESS Employee/Obligor's Case Identifier PO BOX 4121 (See Addendum for plaintiff names PORTLAND OR 97208-4121 associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee'slobligor's income until further notice even if the Order/Notice is not issued by your State. $ o. 0o per month in current child support $ o . oo per month in past-due child support Arrears 12 weeks or greater? ()yes ® no $ o. 0o per month in current medical support $ 0.00 per month in past-due medical support $ o . oo per month in current spousal support $ o . oo per month in past-due spousal support $ 0.00 per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ o . o o per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0. oo per weekly pay period. $ o. oo per semimonthly pay period (twice $ o . oo per biweekly pa a month) y period (every two weeks) $ o . 00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BYTHECOURT: * '. ,* /,/ DRO: R. J. Shadday Service Type M OMB No.: 0970-0154 A. Hess, Judge Form EN-028 Rev. 4 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If heckl you are required to pr vide a opy of this form to your mployee. If yo r employee works in a state that is di erent from the state that issued this o er, a copy must be provi?ed to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee%obiigor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeetobligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydateldate of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeetobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee'stobligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 9429040840 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: PHILLIPS, WESLEY T. EMPLOYEE'S CASE IDENTIFIER: 9015101731 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA 0 5 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment DefendanVobligor: PHILLIPS, WESLEY T. PACSES Case Number 667108817 PACSES Case Number Plaintiff Name Plaintiff Name SHERI J. PHILLIPS Docket Attachment Amount Docket Attachment Amount 06-5274 CIVIL$ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 4 Worker I D $ IATT C'3 r M rea c ?n Y' ? ?w Y WESLEY T. PHILLIPS, Plaintiff/Respondent VS. SHERI J. PHILLIPS, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 06-5274 CIVIL TERM IN DIVORCE PACSES CASE: 667108817 ORDER OF COURT AND NOW to wit, this 5th day of February 2009, it is hereby Ordered that the Alimony Pendente Lite is terminated, effective February 3, 2009, pursuant to the parties' Postnuptial Agreement and the Divorce Decree of February 3, 2009. The Alimony Pendente Lite account is closed with a credit of $50.44. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: ;!?,- /" /v in A. Hess, J. DRO: R.J. Shadday xc: Petitioner Respondent Sean M. Shultz, Esq. Marlin L. Markley, Esq. Form OE-001 Service Type: M Worker: 21005 ? r .. U r-n -r, T ' t,J ?-4 J*-,:. Wesley T. Phillips V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Sheri Phillips NO. 2006-5274 Civil Term CORRECTED DIVORCE DECREE AND NOW, it is ordered and decreed that Wesley T. Phillips , plaintiff, and Sheri Phillips bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") By Attest: J. Prothonotary