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HomeMy WebLinkAbout06-6222MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff HOLLY R. BOSSERT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. SHAWN P. LILLEY, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for 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, One Courthouse Square, Carlisle, Pennsylvania 17013. 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff HOLLY R. BOSSERT, Plaintiff V. SHAWN P. LILLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O Co - CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Holly R. Bossert, by and through her attorney, Kristopher T. Smull, Esquire, with this Complaint in Divorce, of which the following is a statement: 1. Plaintiff is Holly R. Bossert, an adult individual, who has resided at 1 Northview Road, New Cumberland, Cumberland County, Pennsylvania 17070, since 1999. 2. Defendant is Shawn P. Lilley, an adult individual, who has resided at 1 Northview Road, New Cumberland, Cumberland County, Pennsylvania 17070, since 1999. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 17, 2000 in Milton, Northumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. Plaintiff avers that there are no children of the parties under the age of eighteen (18). COUNT I - DIVORCE 10. The Plaintiff avers that the grounds on which the action is based are as follows: That the marriage is irretrievably broken. COUNT II - EQUITABLE DISTRIBUTION 11. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. WHEREFORE, Plaintiff requests this Honorable Court: (a) Enter a Decree in Divorce; (b) Equitably distribute all property, both personal and real, owned by the parties; (c) Grant such further relief as the Court may deem equitable and just. Respectfully Submitted: Date: MARIA P. COGNETTI & ASSOCIATES ?ti?bb By: KPJSTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, Holly R. Bossert, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: Holly R. B rt osse 7 ?? w e MARIA P. COGNETTI & ASSOCIATES MSTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff HOLLY R. BOSSERT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. SHAWN P. LILLEY, Defendant NO. 06-6222 Civil Term CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE I, KRISTOPHER T. SMULL, ESQUIRE, do hereby certify that a true and correct copy of the Complaint in Divorce Under Section 3301(c) of the Divorce Code, was served upon the Defendant, Shawn P. Lilley, by United States Mail, first class, postage prepaid, certified, restricted, docketed to No. 7005 0390 0005 2244 1675, on the 1st day of November, 2006, addressed as follows: Mr. Shawn Lilley 1 Northview Road New Cumberland, PA 17070 3 ?? r Date: By: KPiIST,6PHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff .r ¦ CoMplete items 1, 2, and 3. Also complete then 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed t: Mr. Shawn Lilley 1 Northview Road New Cumberland, PA 17070 A. X Agent wry H. Recel W by (Printed Marne) C? page oDj!QQ D. Is dsihwy address dnvent from Item 111? ?r0 Yeas M YES, eater delivery address below. O No 3. EagEdo-ed Mail O Sprees Mail O Return Receipt for Merchandise O Insured mail O C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number 7005 0390 0005 2244 1675 MW=%r fPofm ssrvroe h bo PS Form 3811, February 2004 Domestic Ream Reosipt 10¢595-M-M-t54O t^.7 C,: ri G =? j?' (:?' ... _ 4 -, ? - ?? ti'?` V? -- C? _ ,?-" - .r ?? =CJ 3?' t. ;?,; ?, --G c~ r PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this I day of &?!C,(r -r , 2006, by and between Holly R. Bossert, of 1 Northview Road, New Cumberland, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and Shawn P. Lilley, of 1 Northview Road, New Cumberland, Cumberland County, Pennsylvania (hereinafter referred to as " HUSBAND"): WITNESSETH: WHEREAS, the parties were married on June 17, 2000, in Milton, Northumberland County, Pennsylvania; and WHEREAS, no children have been born of this marriage; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: r f 1. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right 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 whatsoever by the other. Neither party shall molest the other 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 HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. -2- L r r 4. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County to Docket No. 06-6222, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute, simultaneously with this Agreement, any and all Affidavits, Waivers or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. Said Affidavits and Waivers shall be held by counsel for WIFE until the expiration of the ninety (90) day statutory waiting period. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or 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 shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. -3- 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement at the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date," which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims -4- 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 situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or 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 a testamentary gift, or all 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 or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which 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 provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees -5- and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. REPRESENTATION BY COUNSEL: This Agreement has been prepared by Kristopher T. Smull, Esquire, counsel for WIFE. Said counsel, at the commencement of and at all stages during the negotiation of this Agreement, has informed HUSBAND that he has acted solely as counsel for WIFE and has not advised or represented HUSBAND in any manner whatsoever. HUSBAND, at the commencement of, and at all stages during the negotiation of this Agreement, has been advised by Kristopher T. Smull, Esquire that he could be represented by his own counsel but at all times has elected not to be so represented. HUSBAND has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal Agreement or Agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not at any time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. -6- 10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation 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 and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except-as maybe otherwise specifically provided for by the terms of this Agreement. 12. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. Specifically, WIFE shall retain her 8 year old Oldenburg Mare known as "Oprah," as well as, all equipment for the horse. -7- By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 13. DEBT OF THE PARTIES: HUSBAND hereby indemnifies WIFE against, and agrees to assume the sole liability and responsibility for, all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself, except as provided herein. Specifically, HUSBAND shall be responsible for the mortgage and home equity loan on the marital home through Members I"; the mortgages on his pre-marital properties; and his credit cards with Members I" and Aberdeen Proving Ground Federal Credit Union. HUSBAND shall not and will not hereafter incur or cause to be incurred for the benefit of himself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. WIFE hereby indemnifies HUSBAND against and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit of herself, except as provided for herein. Specifically, WIFE shall be responsible for the mortgage on the property located at 224 Forster Street, Harrisburg; her personal business loan through M&T Bank; and her credit cards with MBNA and Capital One. -8- i WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. 14. DIVISION OF REAL PROPERTY: a. 1 Northview Road, New Cumberland, Pennsylvania - WIFE agrees to transfer all her right, title and interest in and to the real estate situated at 1 Northview Road, New Cumberland, Cumberland County, Pennsylvania now titled in the name of HUSBAND and WIFE as tenants by the entireties, to HUSBAND and agrees to immediately execute now, and in the future, any and all deeds, documents or papers necessary to effect such transfer of title upon request. WIFE fin-ther acknowledges that she has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. WIFE is currently residing in said property and may continue to do so until such time as she obtains alternate housing. WIFE agrees to continue to contribute to the payment of the mortgage, home equity loan, household utilities, taxes, insurance costs, and association fees related to the home as long as she is residing in the home. Upon WIFE's relocation from the home, HUSBAND shall pay and be solely responsible for the mortgage and home equity loan, as well as, for all household utilities, taxes, insurance costs, and association fees. It is agreed between the parties that, in the event repairs are required to be made for the marital home, the costs thereof shall be born solely by HUSBAND. Said property is currently encumbered by a mortgage, in HUSBAND's name alone, and a home equity loan, in the name of both parties. HUSBAND shall refinance the home equity loan -9- 4 currently encumbering said property through Members 1St, or otherwise remove WIFE's name therefrom, within sixty (60) days following the signing of this Agreement. HUSBAND agrees to indemnify and hold WIFE harmless from any and all liability with respect to said mortgage and home equity loan. Should HUSBAND be unable to refinance, or remove WIFE's name from the home equity loan, within said sixty (60) days, the parties agree that the home will be listed for sale with a real estate agent of HUSBAND's choosing and at a price determined by HUSBAND and agreed upon by WIFE. WIFE shall cooperate fully with the listing and sale of the home and shall execute any documents necessary to carry out the intent of this paragraph. The parties agree that no reasonable offer (within 5% of the listing price) for the purchase of the home will be rejected. All proceeds from the sale of the home shall be retained solely by HUSBAND. WIFE agrees to execute a deed conveying her interest in said property to HUSBAND. Said deed shall be prepared by Nathan Wolf, Esquire. The deed shall be held in escrow by WIFE's attorney until such time as WIFE is removed from the liability of the home equity loan on the property. WIFE shall deliver the deed to the marital home to HUSBAND within five (5) days following both HUSBAND's cash payment referred to in paragraph 15 below, and HUSBAND's removal of WIFE from liability for the home equity loan. Until such time as WIFE's name is removed from the liability of the home equity loan encumbering the property, HUSBAND shall be solely responsible for all of the monthly mortgage and home equity loan payments, taxes, insurance costs, association fees, utilities, and any necessary repairs related to the property and shall indemnify and save WIFE harmless from any and all liability, expense, cost, or loss whatsoever, with regard to said expenses. -10- b. 224 Forster Street, Harrisburg, Pennsylvania - HUSBAND agrees to transfer all his right, title and interest in and to the real estate situated at 224 Forster Street, Harrisburg, Dauphin County, Pennsylvania, now titled in the name of HUSBAND and WIFE as tenants by the entireties, to WIFE and agrees to immediately execute now, and in the future, any and all deeds, documents or papers necessary to effect such transfer of title upon request. HUSBAND further acknowledges that he has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. Said property is currently rented and the parties agree that all rent payments shall be made directly to WIFE. WIFE agrees to pay and be solely responsible for the mortgage on said property with Sun Trust. WIFE shall refinance said mortgage, or otherwise remove HUSBAND's name therefrom, within sixty (60) days following the execution of this Agreement. WIFE agrees to indemnify and hold HUSBAND harmless from any and all liability with respect to said mortgage until such time as HUSBAND's name has been removed. Should WIFE be unable to refinance within said sixty (60) days, the parties agree that the home will be listed for sale with a real estate agent of WIFE's choosing and at a price determined by WIFE and agreed upon by HUSBAND. HUSBAND shall cooperate fully with the listing and sale of the home and shall execute any documents necessary to carry out the intent of this paragraph. The parties agree that no reasonable offer (within 5% of the listing price) for the purchase of the home will be rejected. All proceeds from the sale of the home shall be retained solely by WIFE. HUSBAND agrees to deliver an executed deed to WIFE's attorney, conveying his interest in said property to WIFE, together with the signed copies of this Agreement. Said deed shall be -11- prepared by Nathan Wolf, Esquire. The deed shall be held in escrow by WIFE's attorney until such time as HUSBAND is removed from the liability of the mortgage on the property. Until such time as HUSBAND's name is removed from the liability of the mortgage encumbering the property, WIFE shall be solely responsible for all of the monthly mortgage payment, taxes, insurance costs, association fees, utilities, and any necessary repairs related to the property and shall indemnify and save HUSBAND harmless from any and all liability, expense, cost, or loss whatsoever, with regard to said expenses. C. 118 West Pomfret Street, Carlisle, Pennsylvania - HUSBAND currently holds an interest in real property situated at 118 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania. Said property is titled in HUSBAND's name alone and was acquired by HUSBAND prior to the parties' marriage. WIFE acknowledges that she has no claim, right, interest or title whatsoever in said property and agrees never to assert any claim to said property in the future. WIFE further agrees that she shall execute a quitclaim deed to said property releasing any and all interest she may have had in said property, if necessary. HUSBAND further covenants and agrees that he will indemnify and save WIFE harmless from any and all liability, expense, cost, or loss whatsoever, with regard to the mortgage, in his name, currently encumbering said property, as well as, all utilities, taxes, insurance and other expenses. d. 1424D Bradley Drive, Carlisle, Pennsylvania - HUSBAND currently holds an interest in real property situated at 1424 Bradley Drive, Carlisle, Cumberland County, Pennsylvania. Said property is titled in HUSBAND's name alone and was acquired by HUSBAND prior to the parties' marriage. WIFE acknowledges that she has no claim, right, -12- interest or title whatsoever in said property and agrees never to assert any claim to said property in the future. WIFE further agrees that she shall execute a quitclaim deed to said property releasing any and all interest she may have had in said property, if necessary. HUSBAND further covenants and agrees that he will indemnify and save WIFE harmless from any and all liability, expense, cost, or loss whatsoever, with regard to the mortgage, in his name, currently encumbering said property, as well as, all utilities, taxes, insurance and other expenses. e. 8 Rose of Sharon Drive, Etters, Penns, lv? ania - HUSBAND currently holds an interest in real property situated at 8 Rose of Sharon Drive, Etters, York County, Pennsylvania. Said property is titled in HUSBAND's name alone and was acquired by HUSBAND prior to the parties' marriage. WIFE acknowledges that she has no claim, right, interest or title whatsoever in said property and agrees never to assert any claim to said property in the future. WIFE further agrees that she shall execute a quitclaim deed to said property releasing any and all interest she may have had in said property, if necessary. HUSBAND further covenants and agrees that he will indemnify and save WIFE harmless from any and all liability, expense, cost, or loss whatsoever, with regard to the mortgage, in his name, currently encumbering said property, as well as, all utilities, taxes, insurance and other expenses. The parties acknowledge that there is currently a personal loan, in Wife's name only, which is secured by said property. Wife shall satisfy said loan, or otherwise cause it to be removed as a lien, on said property. Wife shall remove said loan within sixty (60) days of the signing of this Agreement and agrees that she will indemnify and save Husband harmless from any -13- 4 1W and all liability, expense, cost, or loss whatsoever, with regard to this loan until it is removed as a lien on said property. 15. CASH PAYMENT TO WIFE: HUSBAND agrees that he shall make a cash payment to WIFE of THIRTY FIVE THOUSAND AND 00/100 ($35,000.00) Dollars. Said payment shall be made within three (3) days following WIFE's removal of the personal loan, in her name, as a lien on HUSBAND's property located at 8 Rose of Sharon Drive, Etters, Pennsylvania. Should WIFE be unable to remove said loan from 8 Rose of Sharon Drive within the sixty (60) days set forth in paragraph 14(e) above, HUSBAND agrees to assume said loan and remove WIFE from the liability thereon within seven (7) days. HUSBAND shall pay WIFE the difference between said $35,000.00 and the balance of the loan. Said payment to WIFE shall be made within three (3) days of the WIFE being removed from said loan. 16. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. 17. MUTUAL FUNDS: The parties agree that HUSBAND's American Funds Mutual Funds shall remain his sole and exclusive property. WIFE agrees to waive any interest she may have in such property and further agrees that she will not assert any such claim in the future. -14- 18. PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS: WIFE agrees that any monies which HUSBAND has acquired through his interests in either pensions, 401(K), profit sharing, savings and thrift plans, annuities and/or retirement benefits through his present or past employers shall remain his sole and exclusive property. WIFE agrees to waive any interest she may have in such property and further agrees that she will not assert any such claim in the future. HUSBAND agrees that any monies which WIFE has acquired through her interests in either pensions, 401(K), profit sharing, savings and thrift plans, annuities and/or retirement benefits through her present or past employers shall remain her sole and exclusive property. HUSBAND agrees to waive any interest he may have in such property and further agrees that he will not assert any such claim in the future. 19. DISTRIBUTION OF INDIVIDUAL RETIREMENT ACCOUNTS: WIFE hereby acknowledges and agrees that HUSBAND shall retain, as his separate property, free and clear from any claim, right, title or interest on the part of WIFE, his Individual Retirement Accounts. WIFE hereby acknowledges that she has no further claim, right, title or interest whatsoever in the Individual Retirement Accounts of HUSBAND, and further agrees never to assert any claim to the asset in the future. HUSBAND hereby acknowledges and agrees that WIFE shall retain, as her separate property, free and clear from any claim, right, title or interest on the part of HUSBAND, her Individual Retirement Accounts. HUSBAND hereby acknowledges that he has no further claim, -15- right, title or interest whatsoever in the Individual Retirement Accounts of WIFE, and further agrees never to assert any claim to the asset in the future. 20. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The Volvo, presently titled in joint names, shall become and remain the sole and exclusive property of HUSBAND. WIFE agrees to sign over the title to said automobile after HUSBAND has removed her name from the vehicle loan. HUSBAND shall refinance or otherwise cause WIFE's name to be removed from said loan, within thirty (30) days after the signing of this Agreement. Any costs associated with the transfer of said vehicle shall be HUSBAND's sole responsibility. (b) The Tank Scooter, presently titled in WIFE's name alone, shall remain WIFE's sole and exclusive property. The titles to the said motor vehicles shall be executed by the parties, if appropriate for affecting transfer as herein provided, on the date of execution of this Agreement or as soon thereafter as possible, and said executed title shall be delivered to the proper party on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobile. -16- 21. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 22. WAIVER OF ALIMONY: Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony, or alimony pendente lite. HUSBAND and WIFE further, voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony. 23. HEALTH INSURANCE: WIFE's responsibility to provide health insurance for HUSBAND shall terminate upon the entry of a final Divorce Decree. WIFE agrees to cooperate in HUSBAND's obtaining COBRA coverage, should he so choose. 24. COUNSEL FEES: Neither party shall have any liability to the other for reimbursement of attorney's fees incurred by the other party in connection with the negotiation and preparation of this Agreement or in connection with any legal or equitable proceedings between the parties which have preceded the execution of this Agreement. -17- . #' 25. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal or State income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 26. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 27. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Neither party has been given any tax advice whatsoever by their respective attorneys. Both parties hereby acknowledge that they -18- have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 28. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 29. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 30. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act -19- A ,r. as administrator or executor of the other's estate. Each party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 31. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 32. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. -20- « ,r,. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 33. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 34. ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 35. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 36. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. -21- 37. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either parry to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 38. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 39. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. 1?kjk - - - (SEAL) Holly R. Bossert AL) Sha P. Lilley -22- WITNESS _r COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF On this, the 1?7day of kw.4? ,.,. " , 2006, before me, a Notary Public, the undersigned officer, personally appeared Holly R. Bossert, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ORE, Notary Public ECCamp2i ARIAL SEAL ro, Cumberland Counfif <<" - ?i'-A I Notary Public COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF ?. ... ? Q c? ) T On this, the day of 2006, before me, a Notary Public, the undersigned officer, personally appeared Shawn P. Lilley, known tome (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL I LOUIS J. LORE, Notary Public C Notary Pub is Camp Hill Boro, Cumberland County 1 My Commission Expires April 14, 2007 -23- ci rfl .q- 6.. ..-rZ Q.? tea -z> ??? HOLLY R. BOSSERT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-6222 SHAWN P. LILLEY, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 26, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before the divorce is granted. 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: 0-4- Holly . Bossert c ? -n r`r co nZFr . 71,19 1?y rR. - -f^ C f -ij _ Q ? ro -a i HOLLY R. BOSSERT, Plaintiff V. SHAWN P. LILLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6222 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. DATE:, Holly R. Bossert c ° ? am; -r? r s r l c o N HOLLY R. BOSSERT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-6222 SHAWN P. LILLEY, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 26, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before the divorce is granted. 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//5 1 D ?- awn P. Lilley C ° U -n -T? cI t"a f ! rTi cry : [,? ? ? .?. rn N C3'? HOLLY R. BOSSERT, Plaintiff V. SHAWN P. LILLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6222 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. DATE: I lj 4 (D-A-. haw- . Lilley o -? --A ? f a MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff HOLLY R. BOSSERT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-6222 SHAWN P. LILLEY, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: service was made by United States Mail, first class, postage prepaid, certified, restricted, docketed to No. 7005 0390 0005 2244 1675 on November 1, 2006. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff, Holly R. Bossert, on February 9, 2007; by Defendant, Shawn P. Lilley, on February 9, 2007. 4. Related claims pending: Settled by Agreement dated November 1, 2006. % ' 1 5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Waiver of Notice is being filed simultaneously herewith. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Waiver of Notice is being filed simultaneously herewith. Respectfully Submitted: MARIA P. GNETTI & ASSOCIATES 1 z ?51U? Date: , By. KRIST PHER T. S MULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff c-3 o x n:7R (*1 m fil c ( IN THE COURT OF COMMON P OF CUMBERLAND COUNTY STATE OF PENNA. uR ROSSER!, I I N 0. 06-6222 CIVIL TE plaint ff VERSUS DECREE IN DIVORCE AS AND NOW, 007 IT IS OR ERED AND DECREED THAT - R. BOSSEzT , PLApf TIFF, -HOLLY z AND S14AWNP.bILLEY , DEFIEINDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIM$ WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORD R HAS NOT YET BEEN ENTERED; ?v i ne terms of the parties- Froperty settlement Agreement dated ove er , ana attacnea nereto, are BY THE ZOURT: ATTEST: J. PNO-11HONOTARY Z (2 HOLLY R. BOSSERT, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW NO. 06-6222 SHAWN P. LILLEY, ) Defendant ) IN DIVORCE PETITION AND NOW comes the above-named Petitioner, by his attorney, Samuel L. Andes, and petitions the court for relief as follows: 1. The Petitioner herein is the Defendant and is referred in this Petition as either "Defendant" or "Husband". The Respondent herein is the Plaintiff Holly R. Bossert, who is referred to herein either as "Plaintiff' or "Wife." 2. The parties were married on 17 June 2000 and were divorced by a decree entered by this court in February of 2007. 3. Prior to the parties' divorce, they entered into a Property Settlement Agreement, dated 1 November 2006 (hereinafter, the "Agreement") which was intended by the parties to resolve all of the economic issues involved in their marriage and divorce. A copy of the Agreement is attached hereto and marked as EXHIBIT A. 4. Paragraph 32 of the Agreement contained representations by each of the parties that they had relied upon the complete and substantially accurate financial disclosure of the other party as an inducement to execute the agreement. 5. During the marriage, Wife purchased a horse named "Madaket." The purchase price for the horse, in the amount of $50,000.00 was provided by a loan taken by Husband for that purpose. 6. Sometime in 2006, but prior to the Agreement, Plaintiff/Wife sold Madaket. When she sold the horse, she repaid Defendant/Husband the $50,000.00 he had borrowed to fund the purchase of the horse and told Husband that she had not made any profit on the sale and that $50,000.00 was all that she had received. 7. Husband believed Wife's explanation and representations of the sale of Madaket and relied upon those representations in entering into and signing the Agreement. 8. Wife's representations about the sale of the horse, and the funds she received from that sale, were false. 9. After the parties signed the Agreement, Husband heard rumors regarding the sale of the horse which caused him to suspect that Wife may not have been candid with him about the sale price. As a result, Husband confronted Wife about the details of the sale and, after much discussion, Wife confirmed that she had lied to Husband previously about the details of the sale. 10. During these discussions, which took place in late 2006 or early 2007, Wife represented to Husband that she had sold the horse for $90,000.00 and was required to pay a $25,000.00 commission to the persons who organized the sale. 11. Based upon the admission of Plaintiff, Plaintiff and Defendant signed an Agreement dated 29 January 2007 in which Plaintiff represented the terms of the sale and the profit generated by it and that, as a result of that sale, Plaintiff would accept a reduced cash payment owed to her by terms of the Agreement. A copy of the parties' Agreement of 29 January 2007 is attached hereto and marked as EXHIBIT B. 12. In reliance upon the representations of Plaintiff, Defendant completed his performance of the obligations under the Agreement and the parties concluded a divorce. As part of those obligations, Defendant paid Plaintiff $30,000.00 pursuant to the terms of the original Agreement as modified by the parties agreement of 29 January 2007. 13. The statements and representations regarding the sale of the horse which Plaintiff made to Defendant in January of 2007 were also false. 14. Plaintiff actually sold the horse for $150,000.00 and paid a sale commission of only $15,000.00. Thus, after paying the commission and repaying the loan for the acquisition of the horse, Plaintiff realized a cash profit of $85,000.00. 15. Plaintiff lied to and misled Defendant by virtue of her false statements to him regarding the sale of the horse and the disposition of the proceeds. Plaintiff's conduct constitutes fraud and deception. 16. Plaintiff's fraud and deception injured Defendant. 17. Paragraph 32 of the Agreement provides, inter alia, the following: Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. 18. Defendant's conduct has injured Plaintiff in the amount of $37,500.00, which represents the difference between what he should have received from the sale of Plaintiff's horse and what she agreed to give him near the time of the divorce. 19. Defendant has incurred legal fees in this matter to protect his rights and will continue to incur such fees until this matter is concluded. 20. Plaintiffs conduct, which involved repeatedly lying to Defendant and repeatedly misrepresenting to him the terms of the sale of the horse, were fraudulent, outrageous, taken in bad faith, and intended to misled and injure Defendant. 21. Defendant is entitled to an award of punitive damages because of Plaintiff's outrageous, intentional, and injurious conduct. Defendant demands punitive damages in the amount of $25,000.00. 22. Counsel for Plaintiff does not concur in this Petition. 23. The Honorable Edgar B. Bayley, who signed the Divorce Decree in this matter, is the only Judge previously involved in any proceedings between these parties, at least to Defendant's knowledge. WHEREFORE, Defendant prays this court to take the following action: A. To award to him, as additional equitable distribution of the parties assets, and pursuant to Paragraph 32 of the Agreement, the sum of $37,500.00; B. Award Defendant punitive damages from Plaintiff in the amount of $25,000.00; C. Award Defendant his reasonable attorneys fees incurred in enforcing his rights in this matter; D. Award Defendant interest on the above sums from January 2007 until the date of payment; and E. To take such other action as the court deems necessary to protect Defendant's rights in this matter. Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12`' Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: l $ 16 jKA P. LILLEY EXHIBIT A Ll f? .. GY 1 PROPERTY SETTLEMENT AGREEMENT THIS AGREEIVMNT, made this. day of , 2006, by and between Holly R.. Bossert, of 1 Northview Road, New Cumberland, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and Shawn P. Lilley, of 1 Northview Road, New Cumberland, Curriberland County, Pennsylvania (hereinafter referred to as " HUSBAND"): CI WITNESSETH: WHEREAS, the parties were married on June 17, 2000, in Milton, Northun- ?berlan&' } c r?Ca County, Pennsylvania; and - . ; WHEREAS, no children have been born of this marriage; and 'w `- ?`•' -`- ;t rya WHEREAS; diverse; unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all natters between them relating to the ownership and equitable distribution of real and personal property, settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises; covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: A 1. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right 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 whatsoever by the other. Neither party shall molest the other 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 aft admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. I AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce. on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. -2- (1 . 4. _ S-UBSEOUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County to Docket No. 06-6222, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. Both parties hereby express their agreement that the mamage is irretrievably broken and express their intent to execute, simultaneously with this Agreement, any and all Affidavits, Waivers or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. Said Affidavits and Waivers shall be held by counsel for WIFE until the expiration of the ninety (90) day statutory waiting period. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each parry as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in anyway by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, airmend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. -3- 5. INCORPORATION.IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree. but shall in all respects survive the same and be forever binding and conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement at the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date," which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect asset forth in this Agreement. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims -4- 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 situated, which he or she now has or at anytime hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or, curtesy, or claims in the nature of dower or curtesy or 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 a testamentary gift; or all 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 or, any rights which either party may have or at any . time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendent lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relationship or otherwise, except; all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WP? to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which 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 provision thereof. It is fin-ther agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees -5- I = - and expenses, alimonypendente lite or any other claims pursuant.to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. REPRESENTATION BY COUNSEL: This Agreement has been prepared by Kristopher T. Smull, Esquire, counsel for WIFE. Said counsel, at the commencement of and at all stages during the negotiation of this Agreement, has informed HUSBAND that he has acted solely as counsel for WIFE and has not advised or represented HUSBAND in any manner whatsoever. HUSBAND, at the commencement of, and at all stages during the negotiation of this Agreement, has been advised byKristopher T. Sinull, Esquire. that he could be represented by his own counsel but at all times has elected not to be so represented. HUSBAND has read this Agreement carefully and thoroughly, fully understanding each of its provisions; and therefore signs it clearly and voluntarily. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal Agreement or Agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not at any time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. -6- 10. W TY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation 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 and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them; including those for necessities, except for the obligations arising out of this Agreement. 11. W? AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant; Warrant; represent and agree that, with the exception of obligations set forth in this Agreement, neither of their shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except -as may be otherwise specifically provided for by the terms of this Agreement. 12. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore. been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the.. other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. Specifically, WIFE shall retain her 8 year old Oldenburg Mare known as "Oprah," as well as, all equipment for the horse. -7- By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 13. DEBT_OF THE PARTIES: HUSBAND herebyindem' ifi es WIFE against, and agrees to assume the sole liability and responsibility for, all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND, for the benefit of himself, except as provided herein. Specifically, HUSBAND shall be responsible for the mortgage and home equity loan on the marital home through Members l'; the mortgages on his pre-marital properties; and his credit cards with Members I" and Aberdeen Proving Ground Federal Credit Union. HUSBAND shall riot and will not hereafter incur or cause to be incurred for the benefit of himself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever; whether for necessaries or otherwise, upon.the credit of WIFE. WIFE hereby indemnifies HUSBAND against and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit of herself, except as provided for herein. Specifically, WIFE shall be responsible for the mortgage on the property located at 224 Forster Street, Harrisburg; her personal business loan through M&T Bank; and her credit cards with MBNA and Capital One. -8- WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. 14. DIVISION OF REAL PROPERTY: a: 1 Northview Road New Cumberland Pennsylvania _ WIFE agrees to transfer all her right, title and interest in and to the real estate situated at 1 Northview Road, New Cumberland, Cumberland County, Pennsylvania now titled in the name of HUSBAND and WIFE as tenants by the entireties, to HUSBAND and agrees to immediately execute now, and in the future, any and all deeds, documents or papers necessary to effect such transfer of title upon request. WIRE further aclmowledges that she has no claim, right, interest or title whatsoever in said property and filrther agrees never to assert any claim to said property in the future. WIFE is currently residing in said property and may continue to do so until such time as she obtains alternate housing. WIFE agrees to continue to contribute to the payment of the mortgage, home equity loan; household utilities, taxes, insurance costs, and association fees related to the home' as long as she is residing in the home. Upon wIFE's relocation from the home, HUSBAND shall pay and be solely responsible for the mortgage and home equity loan, as well as, for all household utilities, taxes, insurance costs, and association fees. It is agreed between the parties that, in the event repairs are required to be made for the marital home, the costs thereof shall be born solely by HUSBAND Said property is currently encumbered by a mortgage, in HUSBAND's name alone, and a home equity loan, in the name of both parties. HUSBAND shall refinance the home equity loan -9- currently encumbering said property through Members I% or otherwise remove WIFE's name therefrom, within sixty (60) days following the signing of this Agreement. HUSBAND agrees to indemnify and hold WIFE harmless from any and all liability with respect to said mortgage and home equity loan. Should HUSBAND be unable to refinance, or remove WIFE's name from the home equity loan, within said sixty (60) days, the parties agree that the home will be listed for sale with a real estate agent of HUSBAND's choosing and at a price determined by HUSBAND and agreed upon by WIFE. WIFE shall cooperate fully with the listing and sale of the home and shall execute any documents necessary to carry out the intent of this paragraph. The parties agree that no reasonable offer (within 5% of the listing price) for the purchase of the home will be rejected. All proceeds from the sale of the home shall be retained solely by HUSBAND. WIFE agrees to execute a deed conveying her interest in said property to HUSBAND. Said deed shall be prepared by Nathan Wolf, Esquire. The deed shall beheld in escrow by WIFE's attorney until such time as WIFE is removed from the liability of the home equity loan on the property. W]FB shall deliver the deed to the marital home to HUSBAND within five (5) days following both HUSBAND's cash payment referred to in paragraph 15 below, and HUSBAND's removal of WIFE from liability for the home equity loan. Until such time as WIFE's name is removed from the liability. of the home equity loan encumbering the property, HUSBAND shall be solely responsible for all of the monthly mortgage and home equity loan payments, taxes, insurance costs, association fees, utilities, and any necessary repairs related to the property and shall indemnify and save WIFE harmless from any and all liability, expense, cost, or loss whatsoever, with regard to said expenses. -10- b. 224 Forster Street, Harrisburg, Penns lvania - HUSBAND agrees to transfer all his right, title and interest in and to the real estate situated at 224 Forster Street; Harrisburg, Dauphin County, Pennsylvania, now titled in the name of HUSBAND and WIFE as tenants by the entireties, to WIFE and agrees to immediately execute now, and in the future, any and all deeds, documents or papers necessary to effect such transfer of title upon request. HUSBAND further acknowledges that he has no claim, right,. interest or title whatsoever in said. property and further agrees never to assert any claim to said property in the future. Said property is currently rented and the parties agree that all rent payments shall be made directly to WIFE. WIFE agrees to pay and be solely responsible for the mortgage on said property with Sun Trust. WIFE shall refinance said mortgage, or otherwise remove HUSBAND's name therefrom, within sixty (60) days following the execution of this Agreement. WIFE agrees to indemnify and hold HUSBAND harmless from any and all liability with respect to said mortgage until such time as HUSBAND's name has been removed. Should WIFE be unable to refinance within said sixty (60) days, the parties agree that the home will be listed for sale with a real estate agent of WIFE's choosing and at a price determined by WIFE and agreed upon by HUSBAND. HUSBAND shall cooperate fully with the listing and sale of the home and shall execute any documents necessary to carry out the intent of this paragraph. The parties agree that no reasonable offer (within 5%0 of the listing price) for the purchase of the home will be rejected. All proceeds from the sale of the home shall be retained solely by WIFE. HUSBAND agrees to deliver an executed deed to WIFE's attorney, conveying his interest in said property to WIFE, together with the signed copies of this Agreement. Said deed shall be -11- prepared by Nathan Wolf, Esquire. The deed shall be held in escrow by WIFE's attorney until such time as HUSBAND is removed from the liability of the mortgage on the property. Until such time as HUSBAND's name is removed from the liability of the mortgage encumbering the property, WIFE shall be solely responsible for all of the monthly mortgage payment, taxes, insurance costs, association fees, utilities, and any necessary repairs related to the property and shall indemnify and save HUSBAND harmless from any and all liability, expense, cost, or loss whatsoever, with regard to said expenses. c. 118 West Pomfret Street, Carlisle, Pennsylvania - HUSBAND currently holds an interest in real property situated at 118 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania: Said property is titled in HUSBAND's name alone and was acquired by HUSBAND prior to the parties' marriage. WIPE acknowledges that she has no claim, right, interest or title whatsoever in said property and agrees never to assert any claim to said property in the future. WIFE further agrees that she shall execute a quitclaim deed to said property releasing any and all interest she may have had in said property, if necessary. HUSBAND further covenants and agrees that he will indemnify and save WIFE harmless from any and all liability, expense, cost, or loss whatsoever, with regard to the mortgage, in his name, currently encumbering said property, as well as, all utilities, taxes, insurance and other expenses: d. 1424D Bradley Drive, Carlisle, Pennsylvania- HUSBAND currently holds an interest in real property situated at 1424 Bradley Drive, Carlisle, Cumberland County, Pennsylvania. Said property is titled in HUSBAND's name alone and was acquired by HUSBAND prior to the parties' marriage. WIPE acknowledges that she has no claim, right, -12- interest or title whatsoever in said property and agrees never to assert any claim to said property in the future. WIFE further agrees that she shall execute a quitclaim deed to said property releasing any and all interest she may have had in said property, if necessary. HUSBAND further covenants and agrees that he will indemnify and save WIFE harmless from any and all liability, expense, cost, or loss whatsoever, with regard to the mortgage, in his name, currently encumbering said property, as well as, all utilities, taxes, insurance and other expenses. e. 8.Rose of Sharon Drive, Etters, Pennsylvania - HUSBAND currently holds an interest in real property situated at 8 Rose of Sharon Drive, Etters, York County, Pennsylvania: Said property is titled in HUSBAND's name alone and was acquired by HUSBAND prior to the parties' marriage. WIFE acknowledges that she has no claim, right, interest or title whatsoever in said property and agrees never to assert any claim to said property in the future. WIFE further agrees that she shall execute a quitclaim deed to said property releasing any and all interest she may have had in said property, if necessary. HUSBAND further covenants and agrees that he will indemnify and save WIFE harmless from any and all liability, expense, cost, or loss whatsoever, with regard to the mortgage, in his name, currently encumbering said property, as well as, all utilities, taxes, insurance and other expenses. The parties acknowledge that there is currently a personal loan, in Wife's name only, which is secured by said property. Wife shall satisfy said loan, or otherwise cause it to be removed as a lien, on said property. Wife shall remove said loan within sixty (60) days of the signing of this Agreement and agrees that she will indemnify and save Husband harmless from any -13- and all liability, expense, cost, or loss whatsoever, with regard to this loan until it is removed as a lien on said property. 15. CASH PAYMENT TO WIFE: HUSBAND agrees that he shall make a cash payment to WIFE of THIRTY FIVE THOUSAND AND 00/100 ($35,000.00) Dollars. Said payment shall be made within three (3) days following WIFE's removal of the personal loan, in her narne, as a lien on HUSBAND's property located at 8 Rose of Sharon Drive, Etters, Pennsylvania. Should WIFE be unable to remove said loan from 8 Rose of Sharon Drive within the sixty (60) days set forth in paragraph 14(e) above, HUSBAND agrees to assume said loan and remove WIFE from the liability thereon within seven (7) days. HUSBAND shall pay WIFE the difference between said $35,000.00 and the balance of the loan. Said payment to WIFE shall be made within three (3) days of the WIFE being removed from said loan. 16. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds field by the other in such accounts. 17. MUTUAL NUND& The parties agree that HUSBAND's American Funds Mutual Funds shall remain his sole and exclusive property. WIFE agrees to waive any interest she may have in such property and further agrees that she will not assert any such claim in the future. -14- 18. PENSIONS, ANNUITIES AND/OR RETIREMENT BENEFITS: WIFE agrees that any monies which HUSBAND has acquired through his interests in either pensions, 401(K), profit sharing, savings and thrift plans, annuities and/or retirement benefits through his present or past employers shall remain his sole and exclusive property. WIFE agrees to waive any.interest she may have in such property and further agrees that she will not assert any such claim in the future. HUSBAND agrees that any monies which WIFE has acquired through her interests in either pensions, 401(K), profit sharing, savings and thrift plans, annuities and/or retirement benefits through her present or past employers shall remain her sole and exclusive property. HUSBAND agrees to waive any interest he may have in such property and further agrees that he will not assert any such claim in the future. 19. DISTRIBUTION OF INDIVIDUAL RETIREMENT ACCOUNTS: WIFE. hereby acknowledges and agrees that HUSBAND shall retain, as his separate property, free and clear from any claim, right, title or interest on the part of WIFE, his Individual Retirement Accounts. WIFE hereby acknowledges that she has no further claim, right, title or interest whatsoever in the Individual Retirement Accounts of HUSBAND, and further agrees never to assert any claim to the asset in the future. HUSBAND hereby acknowledges and agrees that WIFE shall retain, as her separate property, free and clear from any claim, right, title or interest on the part of HUSBAND, her Individual Retirement Accounts. HUSBAND hereby acknowledges that he has no further claim, -15- right, title or interest whatsoever in the Individual Retirement Accounts of WIFE, and further agrees never to assert any claim to the asset in the future. 10. MOTOR VEFIICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The Volvo, presently titled in joint names, shall become and remain the sole and exclusive property of HUSBAND. WIFE agrees to sign over the title to said automobile after HUSBAND has removed her name from the vehicle loan. HUSBAND shall refinance or otherwise cause WIFE's name to be removed from said loan, within thirty (30) days after the signing of this Agreement: Any costs associated with the transfer of said vehicle shall be HUSBAND's sole responsibility. (b) The Tank Scooter, presently titled in WIFE's name alone, shall remain WIFE's sole and exclusive property. The titles to the said motor vehicles shall be executed by the parties, if appropriate for affecting transfer as herein provided, on the date of execution of this Agreement or as soon thereafter as possible, and said executed title shall be delivered to the proper party on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobile. -16- I L 21. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy; independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 21 WAIVER. OF ALIMONY: Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlenient and satisfaction of any claims or demands that eithermay now or hereafter have against the other for support, maintenance, alimony, or alimony pendente liter HUSBAND and WIFE further, voluntarily and intelligently waive and relinquish any right to seek from the other any, payment for support or alimony. 23. 14EALTH INSURANCE: WIFE's responsibility to provide health insurance for HUSBAND shall terminate upon the entry of a final Divorce Decree. WIFE agrees to cooperate in HUSBAND's obtaining COBRA coverage, should he so choose. 24: COUNSEL FEES: Neither party shall have any liability to the other for reimbursement of attorney's fees incurred by the other parry in connection with the negotiation and preparation of this Agreement or in connection with any legal or equitable proceedings between the parties which have preceded the execution of this Agreement. -17- a . 25. INCOME TAX PRIOR RETURNS: The par ties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal or State income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 26. APPLICABILITY OP..TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be wifhin the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provision's of the said Act. 27. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Neither party has been given any tax advice whatsoever by their respective attorneys. Both parties hereby acknowledge that they -18- have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. A EF)W'ECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 29. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 30. • WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in anyway, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act -19- as administrator or executor of the other's estate. Each party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 31. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings'other than those expressly set forth herein. 32. FINANCIAL DISCLOSURE: The parties confum that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeping equitable distribution of said asset: -20- Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 33. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 34. ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 35. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and m all other respects this Agreement shall be valid and continue in full force, effect and operation. 36. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. -21- 37. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 38. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 39. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. (SEAL), Holly R. Bossert AL) Sha P. Ulm, -22- WITNESS COMMONWEALTH OF PENNSYLVANIA) SS: COUNTY OF On this, the day of A)iv 2006, before me; a Notary Public, the undersigned officer, personally appeared Holly R. Bossert, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 'NO ARAL SEAL LOUIS J. LORE, Notary Public Camp Hill Boro, Curnbedand County t My commission Exr,?':'°: An' 1 14. ?C Notary Public COMMONWEALTH OF PENNSYLVANIA) SS: COUNTY OF J? On this, the ?... day of ?01 Q , 2006, before me, a Notary Public, the undersigned officer , personally appeared Shawn P. Lilley, known tome '(or satisfactorily proven) to be'the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged' that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal NO SEAL Pubiio LCaLmopUHi LO rro, mmission Expires Apol 14, 2007 Notary Rab5c)eL -23- EXHIBIT B 13:23 FAX 7177707143 January 29, 2007 Holly, After talking with my attorney, I have decided to attach a check for $27,500 for the divorce settlement we signed on November 1", 2006. 10002 The reason is as follows. Originally, you stated that we (you and 1) did not make any money on the sale of the horse (named Madaket, barn name "Snoopy' even though I suspected otherwise and you refused to provide any documentation or disclosure on the matter. After we signed the divorce settlement, I learned that the "Snoopy" was sold to the McGuire's in Nokesville, Virginia for $90,000. Below is an online excerpt emailed to me from Joel Bruno on November 13°t, 2006. °Adequen Open Hunter:* /Madaket/, ridden and owned by Abbey McGuire, Nokesville, VA *P M McGuire* t ffg-iiooker Ln - -y - Nokesville, VA 20181-2200 (703) 594-2203 Per our subsequent conversation in mid November, you stated that you paid Jill Shull $25,000 commission for the sale of the horse. The agreement between you and I was that we would split the profits from the purchase and sale of "Snoopy". This summer, you gave me a $50,000 personal check to pay off the home equity loan used to purchase Snoopy. Therefore- $90,000 Sale Price $25,000 Jill Shull Commission $50,000 Purchase loan Equals $15,000 Total Profit $15,000 divided by 2 equals $7,500 which Is my share of the profit Because 1 found out you lied after I signed the Divorce Settlement, I am legally entitled to $7,500 as part of the division of equity in our divore. 30 cXJ? At this point you can accept thy, 2? ?Snn ?tie?? ffached as payment in full for our divorce settlement If you cash the attached check, you agree to acce I payment in Neu of $35,000 under the divorce settlement and you will make no further claims dins me. Otherwise, you can choose not to cash the entG check attar d and sue for 5, tow Please be aware that if you choose not to accept the ove. terms. I will take-tegaLacti=.tcL bank statements, Bill of Sale records (from the 'your-- you, Jill Shull, and/or the MCGuire's), a 1099 reportable income tax statement for the commission you paid to Jill Shull, and any other documents my attorney thinks necessary in order for a Judge to determine my legal rights. Sincerely, Shawn Ulley DDC-J3/J4 I%Za1a? f a -n -' ` - `7-4 r , HOLLY R. BOSSERT, Plaintiff vs. SHAWN P. LILLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6222 IN DIVORCE RULE TO SHOW CAUSE AND NOW, this 7?0 day of 2008, upon consideration of the attached Petition, a Rule is hereby issued upon the Plaintiff t show cause, if any she has, why the relief requested therein should not be granted. Rule returnable days from service upon D e record. Distribution: --"Kristopher T. Smull, Esquire (Attorney for Plaintiff) / 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 `? Samuel L. Andes, Esquire (Attorney for Defendant 525 North 12' Street, P.O. Box 168, Lemoyne, PA 17043 slay/o8 LIJ C) LL ?a C? ? C? HOLLY R. BOSSERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 06-6222 CIVIL TERM SHAWN P. LILLEY, Defendant : IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the pleadings and Notice are served, filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the pleadings or for any other claim of relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 Telephone: (717) 249-3166 NOTICE TO PLEAD You are hereby notified that you have twenty (20) days in which to plead to the within New Matter and Counterclaim or a Default Judgment may be entered against you. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Wayne I'r Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone : 717-243-0220 Attorney for Plaintiff ?rt HOLLY R. BOSSERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 06-6222 CIVIL TERM SHAWN P. LILLEY, Defendant : IN DIVORCE PLAINTIFF'S ANSWER WITH NEW MATTER AND COUNTERCLAIM ANSWER L-4. Admitted. 5. The averments of ¶5 of Husband's Petition are admitted in part and denied in part. It is admitted that Wife purchased a horse named Madaket and that Husband borrowed $50,000 in connection with the purchase, but it is denied that the purchase price was $50,000. On the contrary, Wife avers that the purchase price was $42,000 and that the remaining $8,000 were deposited in the joint checking account of the parties from which they paid their mortgage payments and other marital obligations. 6. The averments of ¶6 of Husband's Petition are admitted in part and denied in part. It is admitted that in 2006, prior to the Property Settlement Agreement, Wife sold the WAYNE F. SHADE Attorney at 53 West Pomfret Street horse, that she repaid $50,000 to Husband, and that she told Husband that she had not Carlisle, Pennsylvania 17013 made a profit on the sale, but it is denied that Wife told Husband that she only received $50,000 for the sale of the horse. On the contrary, the averments of ¶¶25 through 32 inclusive of Wife's New Matter are incorporated herein by reference as though fully set forth. 7. Admitted. 8. The averments of ¶8 of Husband's Petition that Wife's representations about the sale of the horse were false are denied. On the contrary, the averments of ¶¶25 through 32 inclusive of Wife's New Matter are incorporated herein by reference as though fully set forth. 9.-10. The averments' of rumors heard by Husband, being within the exclusive knowledge of Husband are denied and proof thereof is demanded. It is admitted that Husband confronted Wife in late 2006 and early 2007 about the details of the sale of the horse and that she told him that the commissions were $25,000, but it is denied that Wife confirmed that she had lied about the details of the sale of the horse and that she told Husband that the horse sold for $90,000. On the contrary, the averments of ¶¶25 through 32 inclusive of Wife's New Matter are incorporated herein by reference as though fully set forth. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- 11. The averments of ¶11 of Husbands Petition are admitted in part and denied in part. It is admitted that the parties signed a document on January 29, 2007, and that Exhibit B to Husband's Petition is an accurate copy thereof, but it is denied that the parties signed the document based upon any representations by Wife other than that the sale of the horse did not generate a profit. It is further denied that Wife accepted less than that to which she was entitled under the Property Settlement Agreement as a result of the sale of the horse. On the contrary, the averments of ¶¶25 through 46 inclusive of Wife's New Matter are incorporated herein by reference as though fully set forth. 12. The averments of ¶12 of Husbands Petition are admitted in part and denied in part. It is admitted that the parties concluded a divorce and that Husband paid the sum of $30,000 to Wife, but it is denied that the divorce was concluded upon the representations of Wife other than that she did not realize a profit on the sale of the horse. It is further denied that Husband completed the performance of his obligations under the Property Settlement Agreement. On the contrary, the averments of ¶¶50 and 51 of Wife's Counterclaim are incorporated herein by reference as though fully set forth. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- l 13. The averments of ¶13 of Husband's Petition are denied. On the contrary, the averments of T¶25 through 32 inclusive of Wife's New Matter, to the effect that her statements were mistaken rather than false, are incorporated herein by reference as though fully set forth. 14. The averments of ¶ 14 of Husbands Petition are admitted in part and denied in part. It is admitted that the horse sold for $150,000, but it is denied that the commission was only $15,000 and that the profit was $85,000. On the contrary, the averments of ¶¶25 through 32 inclusive of Wife's New Matter are incorporated herein by reference as though fully set forth. 15.-16. The averments of 1115 and 16 of Husband's Petition are denied. On the contrary, the averments of ¶¶25 through 32 inclusive of Wife's New Matter are incorporated herein by reference as though fully set forth. 17. Admitted. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -4- l 18. The averments of ¶18 of Husband's Petition are denied. On the contrary, the averments of ¶¶25 through 32 inclusive of Wife's New Matter are incorporated herein by reference as though fully set forth. 19. The averments' of ¶19 of Husband's Petition, being within the exclusive knowledge of Husband, are denied; and proof thereof is demanded. 20. The averments of ¶20 of Husband's Petition are denied. On the contrary, the averments of ¶¶25 through 32 inclusive of Wife's New Matter are incorporated herein by reference as though fully set forth. 21. The averments' of ¶21 of Husband's Petition, being conclusions of law no response is required. By way of further answer, Wife avers that the gravamen of Husband's action is for breach of contract and that punitive damages are not available as . a remedy therefor. 22.-23. Admitted. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -5- WHEREFORE, Plaintiff demands that Defendant's Petition be dismissed and that judgment be entered in favor of Plaintiff and against Defendant. NEW MATTER 24. The averments of ¶¶1 through 23, above inclusive, of Wife's Answer are incorporated herein by reference as though fully set forth. 25. There was no basis upon which Wife could be untruthful about the sale price for the horse because, when Wife sold the horse, there was an agreement with the purchasers therefor, in writing, that expressly stated the purchase price of $150,000. Plaintiff is unable to locate her executed counterpart, so an unexecuted copy thereof is attached hereto as Exhibit "A" and incorporated herein by reference as though fully set forth. 26. The oral agreement between Husband and Wife provided that Wife's expenses in the maintenance, training, showing and selling of the horse would be deducted from the proceeds in calculating any profit from the ownership of the horse. 27. When Wife would attempt to discuss, with Husband, that the expenses of the WAYNE F. SHADE maintenance, training, showing and selling of the horse eliminated any profit from the Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -6- sale of the horse, he would refuse to discuss the expenses because he maintained that the only permissible deductions under the oral agreement were his contributions and the commissions. 28. Wife's expenses in the maintenance, training, showing and selling of the horse were $75,718.84 as set forth in an accounting thereof which is attached hereto as Exhibit "B" and incorporated herein by reference as though fully set forth. 29. After Husband filed his Petition herein, Wife reviewed her bills, canceled checks and credit card statements for her expenses in the maintenance, training, showing and selling of the horse. 30. During her review, Wife realized for the first time that she had included the commissions of $25,000 twice in the calculation of her expenses. 31. Wife's erroneous inclusion of the commissions twice yielded expenses of the WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 maintenance, training, showing and selling of the horse in the amount of $100,718.84 which, coupled with the $50,000 that Wife paid to Husband, appeared to Wife to have eliminated any profit on the sale of the horse. -7- 32. Wife's error was not discovered previously due to Husband's refusal to even discuss the expenses of the maintenance, training, showing and selling of the horse. 33. During the negotiation of the Property Settlement Agreement and continuing through the date of the document dated January 29, 2007, Exhibit "B" to Husband's Petition, Husband was unrepresented by counsel because he did not want to pay the fees of an attorney. Notwithstanding his representations that he had consulted counsel, he was not represented by counsel in the drafting of Exhibit B to his Petition or in connection with the events that took place between the parties on January 29, 2007. 34. Husband drafted the document dated January 29, 2007, in connection with his required cash payment to Wife of $35,000 under the provisions of the Property Settlement Agreement, Exhibit A to Husband's Petition. 35. During the marriage of the parties, they had engaged in marriage counseling with Dr. Edward S. Batista. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -8- 36. Dr. Batista and the parties were also social friends, and he had attended the wedding of the parties. 37. Prior to drafting the document dated January 29, 2007, Husband called Dr. Batista and asked him to act as in intermediary in the process of Husband's making payment to Wife because Husband was unrepresented by counsel. 38. Dr. Batista agreed to do that, and he scheduled the matter for January 29, 2007. 39. When Wife arrived at the office of Dr. Batista on January 29, 2007, Husband was already there. 40. Because Husband was in an extremely agitated state, Dr. Batista directed her to a maintenance closet for her safety. 41. There was no chair in the maintenance closet, and Wife remained in the maintenance closet for the duration of the efforts of Dr. Batista to resolve the differences WAYNE F. SHADE between the parties. Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -9- 42. Dr. Batista proceeded to shuttle between the parties in an attempt to resolve their differences. 43. Dr. Batista, in effect, negotiated a settlement in which Husband would pay Wife $30,000 rather than the $35,000 that Husband was required to pay under the Property Settlement Agreement, Exhibit A to Husband's Petition. 44. After Dr. Batista persuaded Husband to pay $30,000 rather than the $27,500 that Husband was suggesting in his document dated January 29, 2007, Dr. Batista advised Wife to sign the document to get the situation behind her. 45. During the process of Dr. Batista's efforts, Wife became extremely emotionally distraught, and she signed the document upon his recommendation, without reading it. 46. Wife avers that Husband's role, in exhibiting sufficient anger that Dr. Batista did not think it safe for the parties to be in the same room, after Husband maneuvered Wife into a meeting at the office of the joint marriage counselor of the parties, and where she WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -10- did not have immediate access to her legal counsel, amounted to duress that estops Husband from asserting the provisions of the document dated January 29, 2007. 47. In the alternative, Wife avers that the provisions of the document dated January 29, 2007, confirm that Husband knew that he could subpoena any information that he needed to discover the details of the sale of the horse. 48. Where Husband refused to engage legal counsel and chose not to pursue discovery for more than a year after the sale of the horse, he is barred from further relief under the doctrine of laches. 49. Further in the alternative, Wife avers that, where Husband signed a document that he prepared after choosing not to engage legal counsel or to pursue discovery of the details of the sale of the horse, and where the document expressly provides that he would not sue Wife, the document constitutes an accord and satisfaction which bars him from further relief under the law. WHEREFORE, Plaintiff demands that Defendant's Petition be dismissed and that judgment be entered in favor of Plaintiff and against Defendant. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 1'7013 -11- COUNTERCLAIM 50. The averments of ¶¶24 through 49, above inclusive, of Wife's New Matter are incorporated herein by reference as though fully set forth. 51. In the event that Wife should be found liable to Husband, Wife claims the $5,000 that Husband did not pay to her under the provisions of the Property Settlement Agreement, Exhibit A to Husband's Petition. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $5,000 plus interest from January 29, 2007, costs and counsel fees. Wayne F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -12- The statements in the foregoing Answer are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they 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: June 30 , 2008 Hoy . Bossert AGREEMENT O SAL R This agreement is made byand between Holly& Bossert, hereinafter known as "Seller", and Peter McGuire hereinafter known as "Buyer' for the sale of one nine-year-old warmblood horse, recorded with the United States Equestrian Federation as "Madaket," horse recording number 4530943, and hereinafter referred to as 44A4adaket." WHEREAS, the parties have mutually agreed to set forth the terms of sale of Madakct -and agree to the statement of such terms as follows: (1) Purchase Price - The Buyer agrees to payannd the Seller is willing to accept the sum of $150,000.00 in United States currency or its equivalent, for the purchase of Madaket, (2) Schedule of Payments - a. First Payment - A non-refundable payment in the amount of $60,000.00 in certified funds shall be paid to Seller, individually, upon receipt by Buyer of a satisfactory veterinarian clearance, or byJanuary , 2006, which represents the fifth day following the Buyer taking possession of Madaket, whichever occurs fast. b. Second and Final Payment - The second and final payment in the amount of $90,000.00 in certified funds shall by paid to Seller, individually, on or before January 31, 2006. c. Commissions - All commissions due shall be payable from the total purchase price identified herein, EXHIBIT "A" (3) Possession of Madaket - Buyer shall assume possession of Madaket on or about January _, 2006, to permit Buyer to obtain a prepurchase veterinary examination of Madaket and to allow Buyer to fully evaluate Madaket prior to purchase. (4) Legal Title Ownership of Madaket shall remain with Seller until receipt of the second and final payment, at which time, Seller agrees to cooperate in providing all necessary, documentation for the transfer of ownership of Madaket through the United States Equestrian Federation. (5) Insurance Coverage - Following the initial payment to Seller, Buyer shall obtain, at his or her own cost, a mortality policy in the amount of $90,000.00 on the life of Madaket, which shall identify Seller as beneficiary of the policy. Buyer shalt provide proof of such insurance, in the form of a declaration page from the insurance carrier, at the time Buyer tenders the initial paymerrt. Upon transfer of legal title to Madaket as described in Paragraph 4 herein, Buyer's obligation to insure the life of Madaket to the benefit of Seller shall terminate. (6) Breach - a. In the event of the breach of this agreement by either party, the nonbreaching parry shall have the right to seen monetary damages for such breach. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. b. If Buyer fails to tender final payment asset forth herein, unless mutually agreed to bythe parties in writing, then possession of ?&daket shall revert to Seller, and any sums paid therefor shall remain ptoperty of Seller free of any claim of Buyer. c. Should any litigation arise out of the terms of this agreement, possession of Madaket shall immediately revert to Seller pending the outcome of the litigation, and Seller shall from the point of her resumption of possession, bear the risk of loss subject to the insurance provision identified in Paragraph 5 herein. d. Execution of this agreement by Buyer shall be enforceable as a judgment of possession upon the filing of such claim by Seller with the court as set forth in the forum selection provision herein. (7) Venue and Applicable Law - Any cause of action arising out of the terms and provisions of this agreement shall be governed by the laws of the Commonwealth of Pennsylvania in effect at the time of execution. Furthermore, the parties agree that any such litigation shall be commenced and litigated in the Court of Common Pleas of Cumberland County, Pennsylvania. With the intent to be legally bound thereby, the parties have hereunto set forth their hands and seals on this, the day of January, 2006. HOLLY R. BOSSERT (SELLER) COMMONWEALTH OF PENNSYLVANIA COUNTY OF 88: On this, the day of January, 2006, before me, the undersigned officer, personally appeared HollyR. Bossert, known to me (or satisfactorilyproven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. (SEAT.) Notary Public PETER McGUIRE (SELLER) COMMONWEALTH OF COUNTY OF : 88: On this, the day of January, 2006, before me, the undersigned officer, personally appeared PETER McGUIRE, known to me (or satisfactorily proven) to be the persons whose narrvs are subscribed to the within instnwaerit, and acknowledged that they executed same for the purposes therein contained. In -witness whereof, I hereunto set my hand and official seal. Notary Public (SEAL) Date Payee Amount Purpose 9/8/2004 USEF Zone 2 $ 30.00 Entry Fee Processing 9/13/2004 National Horseshoe Association $ 100.00 Entry Fee Processing 9/24/2004 Middleburg Classic $ 200.00 Horse Show Entries 10/1/2004 Equi-Comp $ 507.00 Showing Expenses 10/20/2004 Equi-Comp $ 535.00 Showing Expenses 12/1/2004 Equi-Comp $ 370.00 Barn Board 12/2/2004 Equi-Comp $ 2,500.00 Florida Show Deposit 12/14/2004 Joe Alfano $ 230.00 Shoeing 12/30/2004 Our Farm $ 212.00 Horse Show Entries 1/2/2005 Annette Delaplaine $ 275.00 Hotel Travel Expenses 1/4/2005 Dennis Lynch $ 70.00 Horse Dentist 1/412005 Equi-Comp $ 70.00 Barn Expenses 1/14/2005 Equi-Comp $ 787.00 Showing Expenses 1/20/2005 Hits 1 $ 50.00 Entry Fee Deposit 1/20/2005 Hits 2 $ 50.00 Entry Fee Deposit 1/20/2005 Hits 3 $ 50.00 Entry Fee Deposit 1/20/2005 Hits 4 $ 50.00 Entry Fee Deposit 1/20/2005 Hits 5 $ 50.00 Entry Fee Deposit 1/20/2005 Loan Oak $ 121.53 Tack Supplies 1/24/2005 Cecil Vet Clinic $ 485.00 Vet Care 1/24/2005 Colonial Acres $ 8.48 Horse Blanket Repair 1129/2005 Equi-Comp $ 3,000.00 Florida Show Deposit 2/10/2005 Joe Alfano $ 185.00 Shoeing 2/13/2005 Hits 1 $ 332.00 Horse Show Entries 2/15/2005 Equi-Comp $ 375.00 Showing Expenses 2/27/2005 Hits 3 $ 117.00 Horse Show Entries 3/2/2005 Mona's Monograms $ 28.22 Tack Supplies 3/6/2005 Hits 4 $ 427.00 Horse Show Entries 3/8/2005 Equi-Comp $ 1,000.00 Florida Show Deposit 3/13/2005 Chris Reilly $ 80.00 Mane Braiding 3/13/2005 Hits 5 $ 462.00 Horse Show Entries 3/15/2005 Carlisle Equine Clinic $ 113.00 Vet Care 3/22/2005 Joe Alfano $ 155.00 Shoeing 4/1/2005 Shoeplace Spring Festival $ 327.00 Horse Show Entries 4/1/2005 Wangers $ 180.00 Tack Supplies 4/2/2005 Equi-Comp $ 1,500.00 Florida Show Deposit 4/20/2005 Joe Alfano $ 225.00 Shoeing 4/23/2005 Four Seasons $ 335.00 Horse Show Entries 4/25/2005 St. Christophers Horse Show $ 125.00 Entry Fee Deposit 4/25/2005 Blue Rock Horse Show $ 110.00 Entry Fee Deposit 4/27/2005 Four Seasons $ 135.00 Horse Show Stalls 5/112005 Lexington Spring Premiere $ 409.50 Horse Show Entries 5/15/2005 St. Christophers Horse Show $ 267.00 Horse Show Entries 5/15/2005 Blue Rock Horse Show $ 152.00 Horse Show Entries 5/16/2005 Equi-Comp $ 61.82 Barn Expenses 5/19/2005 Equi-Comp $ 2,200.00 Barn Expenses 5/19/2005 Joe Alfano $ 160.00 Shoeing 5/24/2005 Heather Hawkins $ 50.00 Tack Reimbursement 5/28/2005 Swan Lake $ 165.00 Horse Show Stalls 6/5/2005 Bob's Horse Care $ 15.00 Horse Show Night Watch 6/5/2005 Hits $ 82.00 Horse Show Entries EXHIBIT "B" 6/5/2005 Tammy Uebelman $ 115.00 Mane Braiding 6/13/2005 VSF $ 350.00 Horse Show Stalls 6/13/2005 Cocher Farm $ 284.50 Horse Show Entries 6/14/2005 Equi-Comp $ 1,592.15 Horse Show Expenses 6/15/2005 Stylewise $ 24.00 Tack Supplies 6/17/2005 Carlisle Equine Clinic $ 147.00 Vet Care 6/18/2005 Jill Shull $ 180.00 Medication 6/20/2005 Joe Alfano $ 160.00 Shoeing 6/25/2005 Swan Lake $ 301.24 Horse Show Entries 6/30/2005 Elmira Charity $ 125.00 Horse Show Stalls 7/10/2005 Equi-Comp $ 450.00 Barn Board 7/11/2005 Cecil Vet Clinic $ 625.00 Vet Care 7/13/2005 VSF $ 411.50 Horse Show Entries 7/17/2005 Equi-Comp $ 2,874.52 Horse Show Expenses 7125/2005 Elmira Charity $ 258.00 Horse Show Entries 7/27/2005 Monmouth Group Inc. $ 175.00 Horse Show Stalls 7/27/2005 Michael L. Seybold $ 250.00 Shoeing 8/4/2005 Capital Challenge $ 350.00 Horse Show Entries 8/7/2005 VSF $ 328.50 Horse Show Entries 8/10/2005 Equi-Comp $ 450.00 Barn Board 8/10/2005 Quentin Riding Club $ 110.00 Horse Show Stalls 8/20/2005 Monmouth Group Inc. $ 447.00 Horse Show Entries 8/22/2005 Equi-Comp $ 1,500.00 Horse Show Expenses 9/1/2005 Joe Alfano $ 160.00 Shoeing 9/3/2005 The Tack Shelter $ 88.60 Tack Supplies 9/4/2005 Must Photo $ 155.00 Advertising Expenses 9/6/2005 Aleah Yordy $ 40.00 Mane Braiding 9/6/2005 Equi-Comp $ 1,950.00 Horse Show Expenses 9/8/2005 USEF Zone 2 $ 337.00 Horse Show Entries 918/2005 USEF Zone 2 $ 30.00 Entry Fee Processing 9/11/2005 Dennis Lynch $ 80.00 Horse Dentist 9/11/2005 NC State Fair H-J Show $ 130.00 Horse Show Stalls 9/20/2005 Equi-Comp $ 1,100.00 Horse Show Expenses 10/2/2005 Swan Lake $ 188.00 Horse Show Entries 10/8/2005 Caridakis Video $ 20.00 Advertising Expenses 10/9/2005 NC State Fair H-J Show $ 567.00 Horse Show Entries 10/11/2005 Equi-Comp $ 1,660.31 Horse Show Expenses 10/13/2005 Brian Reffna $ 225.00 Shoeing 10/13/2005 EHS $ 145.00 Horse Show Entries 10/14/2005 JPL Productions $ 119.25 Advertising Expenses 10/23/2005 Action Video $ 63.60 Advertising Expenses 10/31/2005 JPL Productions $ 94.08 Advertising Expenses 11/10/2005 Carlisle Equine Clinic $ 141.56 Vet Care 12/1/2005 Equi-Comp $ 1 ,000.00 Horse Show Expenses 12/5/2005 Joe Alfano $ 160.00 Shoeing 12/19/2005 Equi-Comp $ 1 ,000.00 Horse Show Expenses 12/26/2005 Our Farm $ 247.00 Horse Show Entries 12/30/2005 Our Farm $ 187.00 Horse Show Entries 12/30/2005 Peter Blauner VMD $ 685.00 Vet Care 1/5/2006 Equi-Comp $ 250.00 Barn Board 1/5/2006 Equi-Comp $ 200.00 Barn Board - Paid Cash 1/5/2006 Colonial Acres $ 58.83 Horse Blanket Repair 1/6/2006 Wolf & Wolf 1/22/2006 Equi-Comp 2/1/2006 Sandra Ruiz 2/1012006 Equi-Comp Total Check Expenses Credit card expenses $ 225.00 Sales Contract $ 5,000.00 Horse Show Expenses $ 10,000.00 Commission on Sale $ 15,000.00 Commission on Sale $ 72,340.19 4/22/2005 Platinum Performance $ 104.27 Medication 6/18/2005 Saddles Etc $ 15.99 Tack Supplies 6/20/2005 Platinum Performance $ 139.15 Medication 6/27/2005 The Clothes Horse $ 397.00 Tack Supplies 8/12/2005 Tractor Supply $ 21.75 Tack Supplies 8/15/2005 Vally Vet Supply $ 79.95 Medication 9/28/2005 Platinum Performance $ 99.95 Medication 8/3/2006 Mt Tarbor Rentals $ 245.25 hotel/lodging 8/10/2006 Mt Tarbor Rentals $ 245.25 hotel/lodging 11/29/2005 Rail and Trail $ 34.97 Tack Supplies 12123/2005 Delta airlines $ 34.40 airfare to horse show in Fla 12127/2005 US Equestrian $ 110.00 membership 4/30/2005 Domininion Saddlery $ 73.34 Tack Supplies 3/14/2005 E-Z rental car orlando $ 130.99 rental car for fia horseshow 3/23/2008 Miller Equine $ 69.94 Tack Supplies 2/15/085 the Tack Shelter $ 262.31 Tack Supplies 2/21/2005 Tower Heads $ 49.95 membership 2/26/2005 Hertz car rental $ 172.25 rental car for fla horseshow 2/26/2005 Olive Garden $ 27.85 food at horse show 3/2/2005 Laki's Restaurant $ 21.89 food at horse show 3/4/2005 Shell Oil $ 20.64 gas for rental car 3/6/2005 Lorenzos $ 23.54 food at horse show 3/6/2005 the Tack Shelter $ 10.92 Tack Supplies 3/7/2005 Race Track $ 19.41 gas for rental car 3/7/2005 BWI parking $ 86.00 parking at airport for fla horse show 3/7/2005 Hertz car rental $ 138.95 rental car for fla horseshow 3/8/2005 A Bit Above $ 120.22 Tack Supplies 3/12/2005 Cheveron Ocala $ 12.91 gas for rental car 2/24/2005 US Airways $ 270.40 airfare to horse show in Fla 1/24/2005 dover Cataloge $ 164.65 Tack Supplies 1/26/2005 dover Cataloge $ 18.85 Tack Supplies 2/13/2005 Hertz car rental $ 130.71 rental car for fla horseshow 2/11/2005 Delta airlines $ 25.00 airfare to horse show in Fla total credit card expenses $ 3,378.65 Total expenses $ 75,718.84 ?-k ?.. ? ? . 4,) , ?,_ ?? . ? CM. --- '£' e ?s' ?' S __ ?-` ?.?' _A°. R ? ? ° ?? -=? »? C` HOLLY R. BOSSERT, Plaintiff VS. SHAWN P. LILLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6222 CIVIL TERM CIVIL ACTION - LAW DEFENDANT'S REPLY TO PLAINTIFF'S NEW MATTER AND COUNTERCLAIM AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and makes the following Reply to Plaintiffs New Matter and Counterclaim: 24. No answer required. To the extent that any factual response is appropriate, Defendant incorporates herein, by reference, the averments set out in his original petition. 25. Denied. Wife was untruthful about the sale price of the horse because she never disclosed the existence or provisions of the agreement which she alleged existed between herself and the purchaser. In fact, Wife has still not produced an executed copy of such agreement. Wife concealed the existence and details of the agreement, and the provisions for the sale of the horse, from Defendant/Husband, in an attempt to deprive him of his fair share of the proceeds of the horse. 26. Denied. The agreement between the parties provided that only the costs of sale, and the reimbursement owed to Husband for the funds he advanced for the purchase of the horse, would be deducted from its sale price before they were divided between the parties. Wife received the sole benefit of ownership of the horse during the time that she owned it and, as a result, Husband never agreed to contribute to the expenses she incurred for the horse. -1- 27. Denied as stated. Husband admits that the only deductions from the sale price of the horse, under the oral agreement reached between the parties, were the costs of sale and the reimbursement to him of the funds he advanced for the original purchase of the horse. He denies, however, that Wife ever told him, or attempted to discuss with him, her claim that the expenses she incurred while owning the horse eliminated any profit, or that he refused to discuss such matters with her. To the contrary, Wife concealed the sale price of the horse from Husband, and lied to him about it, in an effort to deprive him of his share of the profits of the sale. 28. Denied. Husband does not have sufficient knowledge to admit or deny, at this stage of the proceedings, the accuracy of the information contained in Wife's Exhibit B, because all of that information is within the exclusive control of Wife, an adverse party. Accordingly, Husband denies those averments and demands proof thereof at trial. By way of further answer, Husband states that Wife's pleading is the first time he saw a list of such expenses and was the first time that he was aware that Wife claimed she was to be reimbursed those expenses from the sale of the horse. To the contrary, Wife exercised complete control over the use of the horse and retained any and all proceeds or profits from its use and, assumedly, used such funds to offset the expenses she incurred in her personal use of the horse. 29. Denied for the reasons set forth in the averments of Paragraph 28 above, which averments are incorporated herein by reference. By way of further answer, Husband states that, if Wife believed she was entitled to reimbursement of those expenses, she should have reviewed her records and prepared the list of reimbursable expenses prior to the time she negotiated her payments to Husband for his portion of the profits of the sale of the horse. -2- 30. Denied. Husband is without sufficient knowledge to admit or deny the accuracy of the averments in Paragraph 30 because such information is within the exclusive control of Wife, an adverse party. Accordingly, Husband denies such averments and demands proof thereof at trial. 31. Denied for the reasons set out in the averments in Paragraph 29 above, which averments are incorporated herein by reference. 32. Denied. Husband denies that he refused to discuss expenses relating to the maintenance, training, showing, and selling of the horse. Husband denies that Wife made any attempt to discuss such expenses to her, especially in the context of the profits she realized from the sale of the horse. By way of further answer, Husband states that Wife offers no accounting for any funds she may have received as a result of her owning, showing, and otherwise operating the horse. 33. Denied. Husband had consulted an attorney for legal advice earlier in the case. He was not, however, represented by an attorney at the time that the parties negotiated and signed the agreement of 29 January 2007. 34. Admitted. By way of further answer, however, Husband states that he prepared that agreement in reliance upon Wife's representations to him about the gross sale price and the proceeds of the sale of the horse, which information was false and fraudulent. 35. Admitted. 36. Admitted. 37. Denied asstated. Husband denies that he communicated with Dr. Batista to request that he serve as an "intermediary" because Husband did not have an attorney. Husband believes that Wife was the party that contacted Dr. Batista to organize and schedule the meeting. -3- 38. Admitted in part and denied in part. Husband admits that Dr. Batista met with the parties on that date but deny the other averments in this paragraph on the basis of the averments set out in Paragraph 37 above, which averments are incorporated herein by reference. 39. Admitted. 40. Denied asstated. Husband believes that both parties were excited and he acknowledges that he was angry because of Wife's fraudulent and deceitful conduct toward him but denies that he was "extremely agitated." Husband denies that the parties were separated out of any concern for safety, but rather for Dr. Batista to speak separately with each of the parties about the matters discussed at the meeting. 41. Denied. Husband is without sufficient knowledge to admit or deny the averments in this paragraph because such information is within the exclusive control of Wife, an adverse party. Accordingly, Husband denies those averments and demands proof thereof at trial. By way of further answer, Husband states he was not in whatever room Wife occupied during the discussions. 42. Admitted. 43. Denied asstated. The parties negotiated the modification of the agreement with the assistance and urging of Dr. Batista. By way of further answer, Husband states that he agreed to modify the payment terms of the property settlement agreement based upon information provided to him by Wife which he subsequently learned was false, fraudulent, and deceitful. 44. Admitted in part and denied in part. Husband admits that he agreed to pay $30,000.00 rather than the $27,500.00 that he felt was appropriate but states that he agreed to do so on the basis of false and fraudulent representations and statements made to him about the sale of the horse by Wife. Husband is without sufficient information to admit or deny the averments regarding advice Dr. Batista gave to Wife -4- because that information is within the exclusive control of Wife and so he denies same and demands proof thereof at the hearing in this matter. 45. Denied. Husband is without sufficient information to admit or deny the averments in this paragraph because they are within the exclusive possession of Wife, an adverse party. Accordingly, Husband denies the averments and demands proof thereof at a hearing. 46. Denied. Husband denies that he exhibited anger or "sufficient anger" that Dr. Batista did not feel it was safe for the parties to be in the same room, that he "maneuvered" Wife into a meeting at the office of the joint marriage counselor of the parties, or that he took any action to deprive her of the opportunity to meet with or communicate with her legal counsel, or that he did not anything else to Wife that amounts to duress or otherwise estops him making the claims raised in his petition. By way of further answer, Husband states that he is not attempting to enforce the terms of the document signed by the parties on 29 January 2007, because that agreement is void and unenforceable because of Wife's fraud and deceit. 47. Denied. To the contrary, Husband believed the amended information provided to him by Wife on which he relied in signing that document with her. Husband believed Wife was finally being truthful about the sale of the horse. 48. Denied. Husband reasonably relied upon representations made to him by Wife about her sale of the horse and acted promptly when he learned that such representations and statements by Wife were false. Moreover, Wife, by her fraud and deceit, is estopped and prevented from asserting the -5- . 4 defense of ]aches because it was her fraud and deceit which caused any delay in Husband becoming aware of and taking steps to enforce his rights. 49. Denied. The document signed by the parties on 29 January 2007 is not an "accord and satisfaction" because it was obtained by Wife as a direct result of her fraud, deceit, and misrepresentation. As a result, the document the parties signed on that date is null and void because of Wife's deceit. WHEREFORE, Defendant/Husband prays this Court to dismiss Plaintiff/Wife's Counterclaim and to award him the relief requested in his original petition. Sam L. And Attorney for Defendant -6- • 4 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unswom falsification to authorities). DATE: Z g ?" -I SHA P. LILLEY -7- m N HOLLY R. BOSSERT, Plaintiff V. SHAWN P. LILLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-6222 CIVIL TERM CIVIL ACTION-LAW PRAECIPE FOR WITHDRAWAL OF COUNSEL AND APPEARANCE OF COUNSEL TO THE PROTHONOTARY: Please note my withdrawal as counsel for Holly R. Bossert, Plaintiff in the above matter. Dated: 06y?"e'v / 5!,? Q Wa e F. Shade, Esquire I.D. # 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Kindly enter our appearance on behalf of Holly R. Bossert, Plaintiff in the above matter. Dated: /0. 1h? °8 O'BRIEN, BARIC AND SCHERER 41-11411, Mi hael A. cherer, Esquire I. D. # 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 D -n C) } L € f Fq - i HOLLY R. BOSSERT, Plaintiff VS. SHAWN P. LILLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6222 CIVIL TERM CIVIL ACTION - LAW MOTION FOR HEARING AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and moves the Court to schedule a hearing on his Petition. 1 L. Andes Attorney for Defendant P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that on S Otrce y eX 2008, I served a copy of the foregoing document upon counsel for Plaintiff by U.S. Mail, postage prepaid, addressed as follows: Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 el L. Andes Attorney for Defendant Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 c-7 rn --n (' `' HOLLY R. BOSSERT, Plaintiff vs. SHAWN P. LILLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA } NO. 06-6222 CIVIL TERM CIVIL ACTION - LAW AMENDED MOTION FOR HEARING AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and moves the Court to schedule a hearing in this matter, based upon the following: 1. Pleadings are closed and the parties have concluded all requested discovery. 2. Prior orders in this case have been entered by the Honorable Edgar B. Bayley, President Judge. 3. Holly Bossert is represented by Michael Scherer, Esquire and he does not oppose this motion. WHEREFORE, Defendant moves this court to schedule a hearing in this mater. 4mA4uel L. An es Attorney for Defendant 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that on 2009, 1 served a copy of the foregoing document upon counsel for Plaint% by U.S. Mail, postage prepaid, addressed as follows: Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 mueSIL4A Qes Attorney for Defendant Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 q %Ift I t,. T, ; rr n g C- i "? I P, JAN 0 9 ?0096 HOLLY R. BOSSERT, Plaintiff ) vs. ) SHAWN P. LILLEY, ) Defendant } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6222 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW this nd day of , 2009, a hearing is hereby scheduled in the above matter, on the Defe ant's P?to ld befo re the undersigned in Court Room No. A of the Cumberland County Court House in Carlisle, Pennsylvania, commencing at I:30 o'clock *.m., the day of , 2009. BY THE DISTRIBUTION: ichael A. Scherer, Esquire (Attorney for Plaintiff) 19 West South Street, Carlisle, PA 17013 vdamuel L. Andes, Esquire (Attorney for Defendant) 525 North 12th Street, P.O. Box 168, Lemoyne, PA 17043 4 C t rµ; c CV ca - ) 4 L?:! es2 } ? ?, '. CC-4 HOLLY R. BOSSERT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHAWN P. LILLEY : 06-6222 CIVIL TERM IN RE: EQUITABLE DISTRIBUTION ORDER OF COURT AND NOW, this day of April, 2009, IT IS ORDERED that within fifteen days of this date Holly R. Bossert shall pay Shawn P. Lilley $12,844. /Michael A. Scherer, Esquire /For Holly R. Bossert Samuel L. Andes, Esquire For Shawn P. Lilley :sal 0_0 t'P_S ir1? l?Cl, I By the ?C,ourt;' Edgar B. Bayley, J. %11 8 s :a Nv Z- Ndv 6w lWlft*&3Hl ?o HOLLY R. BOSSERT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHAWN P. LILLEY : 06-6222 CIVIL TERM IN RE: EQUITABLE DISTRIBUTION OPINION AND ORDER OF COURT Bayley, J., April 2, 2009:-- Petitioner, Shawn P. Lilley, and respondent, Holly R. Bossert, were married on June 17, 2000. They were divorced on February 27, 2007.' Their Property Settlement Agreement dated November 1, 2006 was incorporated into the divorce decree but not merged therein. Paragraph 32 of the integrated Agreement provides: FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. ' For ease of reference we will still refer to the parties as husband and wife. 06-6222 CIVIL TERM Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. (Emphasis added.) Wife is a horse enthusiast. In the fall of 2004, she and husband agreed to purchase a horse named Madaket which she affectionately called Snoopy. The purchase was to be financed with a home equity loan of $50,000. The parties agreed that when the horse was sold they would split any profit. We find as a fact that at the time of the agreement the parties did not clearly define what "profit" meant. To husband it meant the sale price of the horse less commissions. To wife it meant the sale price of the horse less commissions and expenses. Snoopy was purchased for $42,000 with a $4,000 commission paid to Jill Shull. The remaining $4,000 from the home equity loan was placed in a joint account and utilized by the parties for their household expenses. Snoopy is a show horse. Wife entered Snoopy in horseshows up and down the east coast from as far north as Vermont and as far south as Florida. Presenting at horseshows is a tried and true method of increasing a horse's value. It worked. In January 2006 wife sold Snoopy for $150,000 from which a $15,000 commission was paid to Jill Shull and a $10,000 commission to Sandra Ruiz. From the proceeds wife gave husband $50,000. Husband testified that he asked her what the horse sold for and she said she did not make any money. Wife testified that she told him that there was no profit. The Property Settlement Agreement dated November 1, 2006, required a future -2- 06-6222 CIVIL TERM payment by husband to wife of $35,000. Shortly before that payment was to be made someone told husband that Snoopy had sold for $90,000. On January 29, 2007, when husband and wife went to a conference to finalize the settlement, husband presented her with a document stating: Per our subsequent conversation in mid November, you stated that you paid Jill Shull $25,000 commission for the sale of the horse. The agreement between you and I was that we would split the profits from the purchase and sale of "Snoopy." This summer you gave me a $50,000 personal check to pay off the home equity loan used to purchase Snoopy. Therefore: $90,000 Sale Price $25,000 Jill Shull Commission $50,000 Purchase loan Equals $15,000 Total Profit $15,000 divided by 2 equals $7,500 which is my share of the profit. Because I found out you lied after I signed the Divorce Settlement, I am legally entitled to $7,500 as part of the division of equity in our divorce. At this point you can accept the $27,500 check attached as payment in full for our divorce settlement. If you cash the attached check, you agree to accept $27,500 as final payment in lieu of $35,000 under the divorce settlement and you will make no further claims against me. Otherwise, you can choose not to cash the $27,500 settlement check attached and sue for $35,000. 1 will not sue Holly Bossert. Husband and wife negotiated. They crossed out the three places on the document that set forth "$27,500," and changed them to $30,000. They both signed the document and husband paid $30,000 to wife. Subsequently, someone told husband that Snoopy was actually sold for $150,000. That resulted in his filing the within petition pursuant to Paragraph 32 of the Property Settlement Agreement, seeking equitable distribution of one-half of the profit from the sale of Snoopy. Wife testified at -3- 06-6222 CIVIL TERM a hearing on March 23, 2009, and admitted she sold Snoopy for $150,000 and that she knew that the document she signed which set forth a sale price of $90,000 was not true. Husband seeks an equitable award of $42,500 plus punitive damages and attorney fees. Wife maintains that husband should not receive any award, or in the alternative in determining the profit that was to be split from the sale of Snoopy, her expenses should be deducted. She introduced evidence that those expenses paid by checks from her account and her credit card totaled $46,072.2 While riding and showing horses are wife's hobby which she undoubtedly gained pleasure from, the purchase of Snoopy with husband was a business proposition. In determining the profit from the sale, accepting husband's position by excluding wife's costs and expenses in increasing its value would provide him a windfall. Wife's interest in the profit from the sale of Snoopy in January 2006 was an asset secured prior to the date of the execution of the Property Settlement Agreement on November 1, 2006, which she did not disclose to husband. When final settlement was reached on January 29, 2007, wife again failed to disclosure the profit she made on the sale of Snoopy. Thereafter, husband's ability to seek an award of equitable distribution of that asset pursuant to Paragraph 32 of the Property Settlement Agreement because of her continuing non-disclosure and outright misrepresentation is not affected by his z Those expenses included the considerable amount of money that it routinely takes to board and maintain a horse plus all of her costs with respect to the horseshows that she entered Snoopy in. -4- 06-6222 CIVIL TERM agreement at that time not to sue her. We find that the amount wife owed husband following the sale of Snoopy was one-half of the profits based on the sale price of Snoopy less commissions and costs and expenses calculated as follows. Sale Price $150,000 Cost of Snoopy $42,000 Commission $4,000 to Jill Shull Commissions at sale Sandra Ruiz $10,000 Equi-Comp (Jill Shull) $15,000 Expenses Paid by checks $42,340 Paid by credit card $3,372 Total costs and expenses $116,712 Profit $33,288 One-half of profit due husband $16,644 Less $5,000 husband deducted from financial obligation under the Marital Settlement Agreement $5,000 Difference owed husband $11,644 Given wife's conduct, we are satisfied that an equitable distribution of assets pursuant to the Property Settlement Agreement of November 1, 2006, should be supplemented by an award to husband of $9,644. This amount reflects half of the profit due him from the sale of Snoopy, $11,644, less $2,000 - half of the $4,000 used for the -5- 06-6222 CIVIL TERM benefit of both parties for household expenses - that remained from the $50,000 home equity loan after the purchase. As wife repaid husband $50,000 from the proceeds of the sale that was borrowed on the home equity loan, equity requires half of that amount, $2,000, which benefited husband to be deducted from his half of the profits from the sale. Equity does not require deducting the whole $4,000 because the $50,000 payment was part of her deception to conceal from him the fact that she had sold Snoopy for $150,000 thereby depriving him of one-half of the profits. In addition, husband has incurred $3,200 in counsel fees in seeking this award. Pursuant to Paragraph 32 of the Property Settlement Agreement, he is entitled to an award of those fees. Punitive damages are not recoverable in equitable distribution. AND NOW, this ORDER OF COURT _044 day of April, 2009, IT IS ORDERED that within fifteen days of this date Holly R. Bossert shall pay Shawn P. Lilley $12,844. By he-Court, Edgar B. Bayley, J. Michael A. Scherer, Esquire For Holly R. Bossert Samuel L. Andes, Esquire For Shawn P. Lilley sal -6-