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HomeMy WebLinkAbout02-577912/03/02,=8:48am=~=rohrbaug.div=D#l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COu~','Y, P~-RSYLVANIJ~ CARYN M. ROHRBAUGH, PLAINTIFF : R. LUKE ROHRBAUGH, : DEFENDA1Tr : CIVIL ACTION - LAW NO. YTu? CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHT~ 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 in divorce or annulment may be entered against you by the Court. Ajudgmant may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 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 Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 AVISO PARA DEFENDER y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las pa.ginas siguientes, debe tomar accion con prnntitud. Se le awsa que si no se defiende, el caso puede proceder sin nsted y deereto de divorcio o anulamiento puede ser emifido en su contra por la Corte. Una decision puede tambien ser emitida en su contra pot cualquier otra queja o compensacinnreclamadospor el demandante. Usted puede perder dinero, o propiedades u otros derechns importantes para nsted. Cuando la base pard el divorcio es indignidades o mmpimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esha disponible en la oficina del Prothonota~, en la Cumberland County Court of Common Pleas, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENCION AL//VlENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EM1TIDO, USTED PUEDE PEP, DER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO T1ENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. AMERICANS WITH DISABILITIES _ACT OF 1990 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IS REQUIRED BY LAW TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. FOR INFORMATION ABOUT ACCESSIBLE FACILITIES AND REASONABLE ACCOMMODATIONS AVAILABLE TO DISABLED INDIVIDUALS HAVING BUSINESS BEFORE THE COURT, PLEASE CONTACT OUR OFFICE AT (717) 240-6200. ALL ARRANGEMENTS MUST BE MADE AT LEAST 72 HOURS PRIOR TO ANY HEARING OR BUSINESS BEFORE THE COURT. YOU MUST ATTEND THE SCHEDULED CONFERENCE OR HEARING. FOR THE COURT: RICHARD J. PIERCE DISTRICT COURT ADMINISTRATOR 12/03/o~=9:26am=,rm=~ohrbaug.div=D~l 12/03/O%=8:48am=x~a=rohrbaug.div=D#1 IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY PENNSYL~ IA CARYN M. ROHRBAUGH, : CIVIL ACTION - LAW : PLAINTIFF : v. : : CIVIL TERM R. LUKE ROHRBAUGH, : : IN DIVORCE DEFENDANT : ON THIS _ 3 day of ~C~, 2002, Comes the Plaintiff, by and through her attorney, Karen L. Semmelman, Esquire, and files the following Complaint for Divorce: COUNT I - DIVORCE Plaintiff, Caryn M. Rohrbaugh, is an adult individual who Currently resides at 1 Grinnel Drive, Camp Hill, Cumberland County, Pennsylvania 17011. o Defendant, R. Luke Rohrbaugh, is an adult individual who Currently resides at 900 Kiehl Drive, Lemoyne, Cumberland County, Pennsylvania 17043. o Plaintiff and Defendant were married on October 11, 1986 in Harrisburg, Pennsylvania. 4 o Plaintiff resides in the County of Cumberland, Commonwealth of Pennsylvania where she has resided for a period in excess of six (6) months. There have been no prior actions of divorce or for annulment between the parties. Plaintiff has been advised of the availability of Counseling and that Plaintiff may have the right to request that the Court require the parties to participate in COunseling. Plaintiff avers that the marriage is irretrievably broken, pursuant to 23 Pa.S.C.A. Section 3301(c) and/or (d)(1). Plaintiff avers that Defendant has offered such indignities to the Plaintiff so as to render Plaintiff,s condition intolerable and Plaintiff,s life burdensome, pursuant to 23 Pa.C.S.A. Section 3301(a) (6). W~EREFORE, Plaintiff requests your Honorable Court enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNT II - EQUITABLE DISTRIBUTION 9. Plaintiff incorporates by reference herein Paragraphs 1 through 5. 10. Plaintiff and Defendant have acquired property, both real and personal during their marriage until the date of their separation. Plaintiff and Defendant have been unable to agree as to an equitable division of the property. W~EREFORE, Plaintiff requests your Honorable Court equitably divide all marital property. COUNT III - ALIMONy 12. Plaintiff incorporates by reference herein Paragraphs 1 through 5. 13. Plaintiff lacks sufficient property and resources to provide for her reasonable means and is unable to Support herself through appropriate employment. 14. Plaintiff requires reasonable maintenance to adequately maintain herself in accordance with the Standard of living established during their marriage. W~EREFORE, Plaintiff requests your HOnorable Court enter an award of alimony. COUNT IV - ALIMONy PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSEs 15. Plaintiff incorporates by reference herein Paragraphs 1 through 5. 16. Plaintiff has employed Counsel but is unable to pay the necessary and reasonable attorney,s fees for Counsel. Further, Plaintiff is Unable to pay for the fees and costs of obtaining qualified experts to assist in the valuation of the assets and the determination of the Stream of income of Defendant. 17. Plaintiff is unable to sustain herself during the COUrse of this litigation without assistance from Defendant. WHEREFORE, Plaintiff requests your Honorable Court enter an award of alimony pendente lite, interim COunsel fees, costs and expenses until final hearing and thereupon award such additional Counsel fees, costs and expenses as deemed appropriate. Respectfully submitted, HOFFMEYER & SEMMELMAN, LLP Karen L S~ ~ - · mmelman, Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 4 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK SS: The foregoing DIVORCE COMPLAINT is based upon information which has been gathered by me and counsel. The actual language contained in the pleading is that of counsel and not my own. I have read the DIVORCE COMPLAINT and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. This statement and verification are made subject to the penalties of Pa.C.S. Section 4094 relating to unsworn falsification to authorities, which provides that ifI knowingly make false averments, I may be subject to criminal.penalties. CARW'r "ROW AV - - - ACKNOWL~DOEMENT COMMONWEALTH OF PENNSYLVANIA COUNTy OF YORK thi~, the ~d day of ~v~ ~ , 20~ before me, the-- Unders--~gned-- officer, personally appeared CARYN RO~RBAUO~ known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. official seal. o Notary Public MCE: NOTARIAL SEAL DARLENE E, DUBS, NOTARY PUBLIC YORK, YORK COUN3~t~, PA MY COMMISSION EXPIRES NOV. 27, 2005 ACKNOWLEDOEMENT COMMoNWEJLLTH OF PENNSYLVANIA COO/Try OF YORK On this, the day of ~ , 2~ , before me, the undersigned- officer, Personally appeared (~r S~y--' known to me proven) to be a member of the bar of the highest COUrt, Supreme Court # ID a%~ ......... of said state ~'~ ~ suDscr~bin~ witness to the within instrument and certified that he was personally present when CARYN M. ROI{RIIAUOi{ whose name subscribed to the within instrument executed the same, and that said acknowledge that she executed the same for the purposes therein contained. IN WITNess WI{~R~0F, hereunto set my hand and official seal. ~(SEAL) NOtary Public MCE: ' \\Ntsb\f~nily law\Client Directory\Rohrbaugh-R.L.\plgadingsL~n~wer to Complaint.wpd December 18, 2002 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant CARYN M. ROHRBAUGH, Plaintiff Vo R. LUKE ROHRBAUGH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-5779 : CIVIL TERM : : IN DIVORCE ANSWER TO COMPLAINT IN DIVORCE AND NOW, comes Defendant, R. Luke Rohrbaugh, by and through his attorney, Maria P. Cognetti, Esquire, and files the following Answer to Complaint in Divorce: 2. 3. 4. 5. 6. COUNT I - DIVORCE Admitted. Admitted. Admitted. Admitted. Admitted. The troth of this averment is strictly within the kx~owledge of Plaintiff and therefore no answer is required. 7. Denied. It is specifically denied that the marriage is irretrievably broken. \\Ntsb\f'amily law\Client Directory\Rohrbaugh-R.L.\pl~adingsL~nswer to Complaint.wpd December 18, 2002 8. Denied. It is specifically that Defendant has offi~red such indignities to Plaintiff so as to render her condition burdensome and life intolerable, pursuant to 23 Pa. C.S.A. Section 3301(a)(6). COUNT II - EQUITABLE DISTRI]]UTION 9. Paragraphs 1 through 8 of Plaintiff's Complaint in Divorce and Defendant's answers thereto are incorporated herein by reference as if set forth fully herein. 10. Admitted. 11. Denied. It is specifically denied that Plaintiff and Defendant have been unable to agree to an equitable division of their property. By way of tim:her Answer, the parties entered into a Prenuptial Agreement on October 6, 1986, the terms of which define the distribution of their jointly and separately owned property. COUNT III - ALIMONY 12. Paragraphs 1 through 11 of Plaintiff's Complaint in Divorce and Defendant's answers thereto are incorporated herein by reference as if set forth fully herein. 13. Denied. It is specifically denied that Plaintiff lacks sufficient property to provide for her reasonable needs and that she is unable to support herself through appropriate employment. By way of further Answer, the parties entered into a Prenuptial Agreement on October 6, 1986, under the terms of which Plaintiff waives any rights to "... support, \\Ntsb\f~mily law\Client Directory\Rohrbaugh-R.L.\pl~adingsL~mswer to Complaint.wpd ' December 18, 2002 maintenance or alimony (whether temporary, pendente lite, permanent, rehabilitative, periodic, or lump sum) . . ." 14. Denied. It is specifically denied that Plaintiff requires reasonable maintenance to adequately maintain herself in accordance with the standard of living established during the parties' marriage. By way of further Answer, the parties entered into a Prenuptial Agreement on October 6, 1986, under the terms of which Plaintiff waives any rights to "... support, maintenance or alimony (whether temporary, pendente lite, penmanent, rehabilitative, periodic, or lump sum)..." COUNT IV - ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 15. Paragraphs 1 through 14 of Plaintiff's Complaint in Divorce and Defendant's answers thereto are incorporated herein by reference as if set forth fully herein. 16. Denied. It is specifically denied that Plaintiff is without sufficient funds to retain counsel to represent her in this matter or to engage the services of qualified experts for the purpose of valuation of assets and determining the stream of available income. By way of further Answer, the parties entered into a Prenuptial Agreement on October 6, 1986, under the terms of which Plaintiff waives any rights to "... attorney's fees and expenses incurred in connection with said divorce, annulment, dissolution, or marital separation." 17. Denied. It is specifically denied that Plaintiff is unable to sustain herself during the course of this litigation without assistance from Defendant. By way of further Answer, the parties entered into a Prenuptial Agreement on October 6, 1986, under the terms of which · \\Ntsb\f~nily law\Client Directory\Rohrbaugh-R.L.\pl~adingsXAnswer to Complaint.wpd December 18, 2002 Plaintiff waives any rights to "... support, maintenance or alimony (whether temporary, pendente lite, permanent, rehabilitative, periodic, or lump sum)..." WHEREFORE, Defendant respectfully requests this Honorable Court deny Plaintiff alimony, alimony pendente lite, counsel fees and expenses and that the client direct an equitable distribution of the property pursuant to the Prenuptial Agreement dated October 6, 1986. Date: December ] ~., 2002 By: Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES · COGNF/rT~, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant · \~qtsb\family law\Client Directory\Rohrbaugh-R.L.\pleadingsLAnswer to Complaint.wpd December 18, 2002 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing Answer to Complaint in Divorce, by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Karen L. Semmelman, Esquire HOFFMEYER & SEMMELMAN 30 North George Street York, PA 17401 Date: December ,/q., 2002 By: MARIA P. COGNETTI & ASSOCIATES Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (71[ 7) 909-4060 Attorney for Defendant 12/18/02=1:30pm=ld=ro?baugh. not=F# 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, PLAINTIFF CIVIL ACTION - LAW R. LUKE ROHRBAUGH, : DEFENDANT 02-5779 CIVIL TERM iDIVORCE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff, Caryn M. Rohrbaugh, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned any objection to the subp?e~objection is made, the subpoena may be served. Date: t- ~,Ebo/__. ....... Karen L. Semmelman, Esquire Subpoena attached, to be issued to Prudential Securities 12/18/02=1:30pm=ld=rchrbaugh.no. t=F# 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, PLAINTIFF CIVIL ACTION - LAW R. LUKE ROHRBAUGH, DEFENDANT NO. 02-5779 CIVIL TERM DIVORCE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS ]FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Prudential Securities 3 Lemoyne Drive Lemoyne, Pennsylvania 17043 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached list to be produced to Hoffmeyer & Semmelman, 30 N. George Street, York, Pennsylvania 17401. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a coutrt order compelling you to comply with it. This subpoena was issued at the request of the following person: Karen L. Semmelman, Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 BY THE COURT: DATE: By: 12/19/02=4:15pm=ld=rohrbaugh.not=F# 1 ATTACHMENT INFORMATION TO BE PROVIDED BY PRUDENTIAL SECURITIES ho PURSUANT TO SUBPOENA RELATING TO BENEFITS OF R. LUKE ROHRBAUGH Life insurance policy. A copy of any life insurance policy, including loan information and cash value as of October 1 l, 1986, January l, 2000, August 2, 2002 and currently. Credit union account. A copy of the most recent credit union account statement including any loans against the account and supporting docurnentation regarding the loan and account balance as of January 1, 2000, August 2, 2002 and. currently. Savings plans. All statements from January 1, 2000 to the present and statement as of October ll, 1986. Bonds. Copies of any bonds of statements for bonds purchased through payroll deductions from October 11, 1986 to the present. Partnership Units/Phantom Stock. A copy of any and all statements and documentation regarding any partnership units or phantom stock, including the value as of October 11, 1986, January 1, 2000, August 2, 2002 and currently. Medical Reimbursement Plan. A copy of any and all statements and documentation regarding any medical reimbursement plan, including the terms as of January 1, 2000, August 2, 2002 and currently. Employee Benefit Plan. A copy of any and all statements and documentation regarding any employee benefits, as of January 1, 2000, August,,,'> 2002 and currently. Pension/Retirement Plans. With regard to any pension plans, retirement plans, or other qualified or non-qualified deferred compensation arrangements, including profit sharing or stock purchase plans, please provide documentation as follows: Documentation reflecting the employee/participant's date of hire, and date of termination, if applicable; 2. Documentation reflecting the date the employee/participant first became covered by the plan and his past service date, if any; Documentation reflecting the number of years, months or units of credited service on October 11, 1986, August 2, 2002 and currently; Documentation reflecting the amount of benefits available to the employee/participant as of October 11, 1986, August 2, 2002 and currently and method of obtaining them without retirement; 12/19/02=4: t 6pm=ld--r~hrbaugh.not=F# 1 Documentation reflecting the amount of benefits available to the employee/participant at age 65; Documentation reflecting the date of the employee/participant's normal retirement with each employment; Documentation reflecting the earliest date on which the employee/participant can retire from each employment; Documentation, if the plan is a defined benefit plan, reflecting what is the accrued benefit at normal retirement, and the current date, and the date the benefit is normally payable; the earliest date it is payable, and any' early commencement actuarial reduction applicable, all based on the current version of the plan; 9. A copy of the summary plan description; 10. A copy of all benefit statements as of OctOber 11, 1986 and from January 1, 2000 through the present; 11. Documentation reflecting the income for the last five (5) years during which the employee/participant was employed; 12. Documentation reflecting any other employment related benefit not disclosed. Contracts. Any contracts including, but not limited to, employment contracts, commission contracts or other agreements between Prudential :Securities and R. Luke Rohrbaugh from October 11, 1986 through the present and between R. Luke Rohrbaugh and any other subcontractors, employees or independent contractors in Prudential Securities possession. Income. Any and all documents reflecting the actual dates of payments of any funds to R. Luke Rohrbaugh from January 1, 2000 to present, together with any and all documents reflecting deferred compensation due to him. Fringe benefits. Any and all books or records showing any fringe benefits available to R. Luke Rohrbaugh from Prudential Securities, including without limitation, auto expenses, travel expenses, personal living and entertainment expenses, life insurance, bonuses, health, accident and hospital insurance from January 1, 2000 to the present. Written Agreements. Provide any and all written agreements between Prudential Securities and R. Luke Rohrbaugh, including but not limited to employment agreements, buy-sell agreements, and stock option agreements. Stock Options. A copy of any and all statements and documentation regarding any stock options, including the value as of October 11, 198,5, January 1, 2000, August 2, 2002 and currently. 12/18/02=1:30pm=ld=ro~baugh.not=F# 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, R. LUKE ROHRBAUGH, PLAINTIFF CIVIL ACTION - LAW 02-5779 CIVIL TERM DEFENDANT · iDIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this date served the NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class, postage paid, mail, addressed as follows: DATE: Maria P. Cognetti, Esquire 210 Grandview Ave Camp Hill, Pennsylvania 17011 Karen E.~'Semmelman, Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 12/18/02= 1:30pm=ld=rohrbaugh.not=F# 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, R. LUKE ROHRBAUGH, PLAINTIFF ,CIVIL ACTION - LAW 02-5779 CIVIL TERM Date: DEFENDANT : DIVORCE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff, Caryn M. Rohrbaugh, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned any objection to the subpoena. If no objection is made, the subpoena may be served. Ka~n~~an, Esquire Subpoena attached, to be issued to HHH Development Group, LLC 12/18/02= 1:30pm=ld=rohrbaugh.not=F# 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, PLAINTIFF CIVIL ACTION - LAW R. LUKE ROHRBAUGH, DEFENDANT NO. 02-5779 CIVIL TERM DIVORCE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: HHH Development Group, LLC c/o John McNair 2213 Forest Hill Drive, #3 Harrisburg, Pennsylvania 17112 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached list to be produced to Hoffmeyer & Semmelman, 30 N. George Street, York, Pennsylvania 17401. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party' making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Karen L. Semmelman, Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 BY THE COURT: DATE: By: 12/19/02=4:1 gpm=ld=rohrbaugh.not=F# 1 10. ATTACHMENT TO SUBPOENA ISSUED TO HHH DEVELOPMENT GROUP, LLC Partnership Agreements and K-1. Any and all partnership agreements entered into with any third parties or entities for any business venture which is being contemplated, negotiated or existing. Real estate. Any and all records pertaining to real estate in which R. Luke Rohrbaugh has an interest or may have acquired an interest, including any deeds, leases, mortgages, and settlement sheets related thereto (including monthly payments and present outstanding balance of principal and interest) together with any evidence showing all contributions in cash or otherwise made by R. Luke Rohrbaugh to the acquisition of such real estate, including all real estate purchased, sold or otherwise conveyed by R. Luke Rohrbaugh from the obtention of his ownership interest to the present. Options, Agreements regarding Real estate. Copies of all[ sales agreements and/or options for any real estate owned by R. Luke Rohrbaugh for which R. Luke Rohrbaugh has an interest either individually or jointly with any other person or entity or in trust for or as guardian for any other person or entity. Business documents. Copies of all financial statements, balance sheets and income statements, together with all the supporting schedules received by R. Luke Rohrbaugh with respect to any and all proprietorships, joint ventures, partnerships, realty trusts, corporations or other legal entities in which R. Luke Rohrbaugh holds a legal or equitable ownership interest, individually or otherwise from January 1, 1997 to the present date. Business agreements. Copies of all partnership and/or joint venture agreements to which R. Luke Rohrbaugh is a party. Fringe benefits. Any and all books or records showing any fringe benefits available to R. Luke Rohrbaugh from HHH Development Group, LLC including without limitation, auto expenses, travel expenses, personal living and entertainment expenses, life insurance, bonuses, health, accident and hospital insurance. Written Agreements. Provide any and all written agreements between R. Luke Rohrbaugh and 1-13t31 Development Group, LLC and/or the other partners, including but not limited to employment agreements, buy-sell agreements, and stock option agreements. Interested parties. With regard to HHH Development Group, LLC, documents reflecting the names of all parties who have an ownership interest in the business. Financial statements. Any and all financial statements, including, but not limited to, financial statements submitted to any bank or financial statements prepared by any accountant on a monthly, quarterly, annual or other periodic basis from January 1,. 1997 to the present. Business Plans. Any business plans which have been prepared by or on behalf of HHH Development Group, LLC within the last five (5) years. 12/18/02= 1:30pm=ld=rohrbaugh.no~F# 1 11. 12. 13. Distribution. Any and all documents reflecting distribution in assets or income to R. Luke Rohrbaugh from January 1, 1997 to the present. This includes, but is not limited to, the ledgers of the business reflecting payment of expenses. Contribution. Any and all document reflecting contribution made by or on behalf of R. Luke Rohrbaugh from date of inception to present, which documents reflect the date and amount of such contribution. Loans. Any and all documents reflecting any loans made by or to the business by or on behalf of R. Luke Rohrbaugh from date of inception to the present. This includes, but is not limited to, any loans upon which R. Luke Rohrbaugh or his spouse, Caryn M. Rohrbaugh affixed their signature. 12/18/02= 1:30pm=ld=rohrbaugh.not=F#1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, R. LUKE ROHRBAUGH, PLAINTIFF : DEFENDANT CIVIL ACTION - LAW NO. 02-5779 CIVIL TERM DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this date served the NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR. DISCOVERY PURSUANT TO RULE 4009.21 on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class, postage paid, mail, addressed as follows: Maria P. Cognetti, Esquire: 210 Grandview Ave Camp Hill, Pennsylvania 17011 ..... Karen .[.~-Ifi'~elman, Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 12/1 g/02=1:30pm=ldyrohrbnugh. ,not=F# 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY~ PENNSYLVANIA CARYN M. ROHRBAUGH, PLAINTIFF C'IVIL ACTION - LAW R. LUKE ROHRBAUGH, NO. 02-5779 CIVIL TERM DEFENDANT ' DIVORCE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff, Caryn M. Rohrbaugh, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned any objection to the subpoena. If ~j>ob~)n is made, the subpoena may be served. Date: ~ ~,~ 20, Zt) Ka~-~-L.-'"~. o e'%~mmmm elm an, Esquire Subpoena attached, to be issued to STSC-Stock Club 12/1 g/02=1:30pm=lS=rohrbaugh.no~F# 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, R. LUKE ROHRBAUGH, PLAINTIFF : DEFENDANT CIVIL ACTION - LAW NO. 02-5779 CIVIL TERM ]DIVORCE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4OO9.22 To: STSC-Stock Club 900 Kiehl Drive Lemoyne, Pennsylvania 17043 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached list to be produced to Hoffmeyer & Semmelman, 30 N. George Street, York, Pennsylvania 17401. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party' making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Karen L. Semmelman, Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania t7401 BY TIlE COURT: DATE: By: 12/19/02=4:191)m=ltl=rohrbnug.h.not=F#I 10. ATTACHMENT TO SUBPOENA ISSUED TO STSC - STOCK CLUB Partnership Agreements and K-1. Any and all partnership agreements entered into with any third parties or entities for any business venture which is being contemplated, negotiated or existing. Real estate. Any and all records pertaining to real estate in which R. Luke Rohrbaugh has an interest or may have acquired an interest, including any deeds, leases, mortgages, and settlement sheets related thereto (including monthly payments and present outstanding balance of principal and interest) together with any evidence showing all contributions in cash or otherwise made by R. Luke Rohrbaugh to the acquisition of such real estate, including all real estate purchased, sold or otherwise conveyed by R. Luke Rohrbaugh from the obtention of his ownership interest to the present. Options, Agreements regarding Real estate. Copies of all sales agreements and/or options for any real estate owned by R. Luke Rohrbaugh for which R. Luke Rohrbaugh has an interest either individually or jointly with any other person or entity or in trust for or as guardian for any other person or entity. Business documents. Copies of all financial statements,, balance sheets and income statements, together with all the supporting schedules received by R. iLuke Rohrbaugh with respect to any and all proprietorships, joint ventures, partnerships, realty trusts, corporations or other legal entities in which R. Luke Rohrbaugh holds a legal or equitable ownership interest, individually or otherwise from January 1, 1997 to the present date. Business agreements. Copies of all partnership and/or joint venture agreements to which R. Luke Rohrbaugh is a party. Fringe benefits. Any and all books or records showing any fringe benefits available to R. Luke Rohrbaugh from STSC-Stock Club, including without limitation, auto expenses, travel expenses, personal living and entertainment expenses, life insurance, bonuses, health, accident and hospital insurance. Written Agreements. Provide any and all written agreements between R. Luke Rohrbaugh and STSC-Stock Club and/or the other partners, including but not limited to employment agreements, buy-sell agreements, and stock option agreements. Interested parties. With regard to STSC-Stock Club, documents reflecting the names of all parties who have an ownership interest in the business. Financial statements. Any and all financial statements, including, but not limited to, financial statements submitted to any bank or financial statements prepared by any accountant on a monthly, quarterly, annual or other periodic basis from January 1, 1997 to present. Business Plans. Any business plans which have been prepared by or on behalf of STSC-Stock Club within the last five (5) years. 12/1 g/02~1:30pm-~/d~rohrbaugh.no~F# 1 11. 12. 13. Distribution. Any and all documents reflecting distribution in assets or income to R. Luke Rohrbaugh from January 1, 1997 to the present. This includes, but is not limited to, the ledgers of the business reflecting payment of expenses. Contribution. Any and all document reflecting contribution made by or on behalf of R. Luke Rohrbaugh from date of inception to present, which documents reflect the date and amount of such contribution. Loans. Any and all documents reflecting any loans made by or to the business by or on behalf of R. Luke Rohrbaugh from date of inception to the present. This includes, but is not limited to, any loans upon which R. Luke Rohrbaugh or his spouse, Caryn M. Rohrbaugh affixed their signature. 12/18/02= 1:30pm=ld~--rohrbaugh. not=F# I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, PLAINTIFF CIVIL ACTION - LAW NO. 02-5779 CIVIL TERM R. LUKE ROHRBAUGH, DEFENDANT DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this date served the NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class, postage paid, mail, addressed as follows: Maria P. Cognetti, Esquire 210 Grandview Ave Camp Hill, Pennsylvania 17011 DATE: BY: Karen l_4~man, Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 12/18/02= 1:30pm=ld--rohrbaugh.not =F# 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, PLAINTIFF CIVIL ACTION - LAW NO. 02-5779 CIVIL TERM R. LUKE ROHRBAUGH, DEFENDANT : DIVORCE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff, Caryn M. Rohrbaugh, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned any objection to the subpoena. If no objection is made, the subpoena may be served. Date: Karen,~. Semme!m~-V-, Esquire Subpoena attached, to be issued to Rebco Associates 12/18/02= 1:30pm=ld=rohrbaugh.not=F# 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, PLAINTIFF CIVIL ACTION - LAW R. LUKE ROHRBAUGH, DEFENDANT NO. 025779 CIVIL TERM DIVORCE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS ]?OR DISCOVERY PURSUANT TO RULE 4009.22 To~ Rebco Associates 325 South Hanover Street Carlisle, Pennsylvania 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached list to be produced to Hoffmeyer & Semmelman, 30 N. George Street, York, Pennsylvania 17401. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the part3, making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a coutrt order compelling you to comply with it. This subpoena was issued at the request of the following person: Karen L. Semmelman, Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 BY THE COURT: DATE: By: 12/18/02= 1:30pm=Id=rohrbaugli.not=F# I o 10. ATTACHMENT TO SUBPOENA ISSUED TO REBCO ASSOCIATES Partnership Agreements and K-1. Any and all partnership agreements entered into with any third parties or entities for any business venture which is being contemplated, negotiated or existing. Real estate. Any and all records pertaining to real estate in which R. Luke Rohrbaugh has an interest or may have acquired an interest, including any .:leeds, leases, mortgages, and settlement sheets related thereto (including monthly payments and present outstanding balance of principal and interest) together with any evidence showing all contributions in cash or otherwise made by R. Luke Rohrbaugh to the acquisition of such real estate, including all real estate purchased, sold or otherwise conveyed by R. Luke Rohrbaugh from the obtention of his ownership interest to the present. Options, Agreements regarding Real estate. Copies of all sales agreements and/or options for any real estate owned by R. Luke Rohrbaugh for which R. Luke Rohrbaugh has an interest either individually or jointly with any other person or entity or in trust for or as guardian for any other person or entity. Business documents. Copies of all financial statements, balance sheets and income statements, together with all the supporting schedules received by R. Luke Rohrbaugh with respect to any and all proprietorships, joint ventures, partnerships, realty trusts, corporations or other legal entities in which R. Luke Rohrbaugh holds a legal or equitable ownership interest, individually or otherwise from January 1, 1997 to the present date. Business agreements. Copies of all partnership and/or joint venture agreements to which R. Luke Rohrbaugh is a party. Fringe benefits. Any and all books or records showing any fringe benefits available to R. Luke Rohrbaugh from Rebco Associates, including without limitation, auto expenses, travel expenses, personal living and entertainment expenses, life insurance, bonuses, health, accident and hospital insurance. Written Agreements. Provide any and all written agree~nents between R. Luke Rohrbaugh and Rebco Associates and/or the other parmers, including but not limited to employment agreements, buy-sell agreements, and stock option agreements. Interested parties. With regard to Rebco Associates, documents reflecting the names of all parties who have an ownership interest in the business. Financial statements. Any and all financial statements, including, but not limited to, financial statements submitted to any bank or financial statements prepared by any accountant on a monthly, quarterly, annual or other periodic basis from January 1,, 1997 to the present. Business Plans. Any business plans which have been prepared by or on behalf of Rebco Associates within the last five (5) years. 12/1. 8/02= 1:30pm=td=rohrbaugh.not=F# 1 11. Distribution. Any and all documents reflecting distribution in assets or income to R. Luke Rohrbaugh from January 1, 1997 to the present. This includes, but is not limited to, the ledgers of the business reflecting payment of expenses. 12. Contribution. Any and all document reflecting contribution made by or on behalf of R. Luke Rohrbaugh from date of inception to present, which documents reflect the date and amount of such contribution. 13. Loans. Any and all documents reflecting any loans made by or to the business by or on behalf of R. Luke Rohrbaugh from date of inception to the present. This includes, but is not limited to, any loans upon which R. Luke Rohrbaugh or his spouse, Ca,tn M. Rohrbaugh affixed their signature. 12/18/02= 1:30pm=ld=rohrbaugh.not=-F# 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, PLAINTIFF V. : R. LUKE ROHRBAUGH, : DEFENDANT CIVIL ACTION - LAW NO. 02-5779 CIVIL TERM DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this date served the NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR. DISCOVERY PURSUANT TO RULE 4009.21 on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class, postage paid, mail, addressed as follows: Maria P. Cognetti, Esquire; 210 Grandview Ave Camp Hill, Pennsylvania 17011 DATE: ;Lo . ) 002.--. BY: ~...--~' Karen L. Ih, tI~elman, Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 12/18/02~12:18pn~ld-~ohr.ntd--~ 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY~ PENNSYLVANIA CARYN M. ROHRBAUGH, R. LUKE ROHRBAUGH, : CIVIL ACTION - LAW PLAINTIFF : : NO. 02-5779 : CIVIL TERM : IN DIVORCE DEFENDANT : CERTIFICATE OF SERVICE I hereby certify that I have on this date served the Notice by Plaintiff to Take Oral Deposition on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class mail, postage pre-paid, United States mail as follows: DATE: Maria P. Cognetti, Esquire 210 Grandview Ave Camp Hill, Pennsylvania 17011 BY: < Karen L, Semmelman, Esquire Attorney for Plaintiff 30 North Ge:orge Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 12/19/02=5:00pm--~--rohr.req=f#1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, Vo R. LUKE ROHRBAUGH, PLAINTIFF DEFENDANT · CIVIL ACTION - LAW · NO. 02-5'779 · CIVIL TERM · IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this date served the Plaintiff's First Set of Request for Production of Documents Directed to Defendant on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class, postage paid, United States mail addressed as follows: DATE: Maria P. Cognetti, Esquire 210 Grandview Ave Camp Hill, Pennsy~7011 (~ .................... ~Yar:en L 4 Attorney £or Plaintiff 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 01/02/03=8:33am~vm--ro~l.ntd---~ 1 CARYN M. ROHRBAUGH, R. LUKE ROHRBAUGH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY~ PENNSYLVANIA : CIVIL ACTION - LAW PLAINTIFF : : NO. 02-5779 : CIVIL TERM : : IN DIVORCE DEFENDANT CERTIFICATE OF SERVICE I hereby certify that I have on this date served the Amended Notice by Plaintiff to Take Oral Deposition on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class mail, postage pre-paid, United States mail as follows: Maria P. Cognetti, Esquire 210 Grandview Ave Camp Hill, Pennsylvania 17011 DATE: Kar~. semme~num, Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 01/08/03 =9:19am=ld=rohrbaugh. sub=F# 1 IN THE COURT OF COMMON PLEAS OF CUMBERI,&ND COUNTY, PENNSYLVANIA CARYNM. ROHRBAUGH, Vo R. LUKE ROHRBAUGH, PLAINTIFF · DEFENDANT · CIVIL ACTION - LAW NO. 02-5779 CIVIL TERM DIVORCE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Karen L. Semmelman, Esquire, attorney for Plaintiff, certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served. (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received and counsel for Defendant has waived the 20 day requirement, and Date: (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Karen L. Semmelman, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, CIVIL ACTION - LAW PLAINTIFF · o cD o v. : NO. 02-5779 CIVILo'~ R~,~, -~ R. LUKE RO~AUGI-I, : ~ ~ -~ DEFENDANT : DIVORCE ~ © _ ::2,-~ NOTICE OF ~TENT TO SERVE A SUBPOENA TO PRODUCE DOCU~~ A~ T~GS FOR DISCOVERY PURSUANT TO RULE 4009.21 ~ ~ ~ Plaintiff, Caryn M. Rohrbaugh, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned any objection to the subpoena. If no objection is made, the subpoena may be served. Ka~en<~_._~~alm~, Es quire Subpoena attached, to be issued to Rebco Associates 12/1 g/02=1:30pm=ld=rohrbaugh.no~F# 1 IN THE COURT OF COMMON PLEAS OF CUMBER]LAND COUNTY~ PENNSYLVANIA CAKYN M. KOHRBAUGH, PLAINTIFF · R. LUKE ROHRBAUGH, ' DEFENDANT CIVIL ACTION - LAW NO. 025779 CIVIL TERM DIVORCE SUBPOENA TO PRODUCE DOCUMENTS OR TIlINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To~ Kebco Associates 325 South Hanover Street Carlisle, Pennsylvania 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached list to be produced to Hoffmever & Semmelman, 30 N. George Street, York, Pennsylvania 17401. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the p~rty making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days' after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Karen L. Semmelman, Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania 1:7401 BY THE COURT: DATE: By: 12./18/02= 1:30pm=ld=rohrbaugh.not=F# 1 10. ATTACHMENT TO SUBPOENA ISSUED TO REBCO ASSOCIATES Partnership Agreements and K-1. Any and all parmership agreements entered into with any third parties or entities for any business venture which is being contemplated, negotiated or existing. Real estate. Any and all records pertaining to real estate in which R. Luke Rohrbaugh has an interest or may have acquired an interest, including any deeds, leases, mortgages, and settlement sheets related thereto (including monthly payments and present outstanding balance of principal and interest) together with any evidence showing all contributions in cash or otherwise made by R. Luke Rohrbaugh to the acquisition of such real estate, including all real estate purchased, sold or otherwise conveyed by R. Luke Rohrbaugh from the obtention of his ownership interest to the present. Options, Agreements regarding Real estate. Copies of all sales agreements and/or options for any real estate owned by R. Luke Rohrbaugh for which R. Luke Rohrbaugh has an interest either individually or jointly with any other person or entity or in trust for or as guardian for any other person or entity. Business documents. Copies of all financial statements, balance sheets and income statements, together with all the supporting schedules received by R. Luke Rohrbaugh with respect to any and all proprietorships, joint ventures, partnerships, realty Uusts, corporations or other legal entities in which R. Luke Rohrbaugh holds a legal or equitable ownership interest, individually or otherwise from January 1, 1997 to the present date. Business. agreements. Copies of all partnership and/or joint venture agreements to which R. Luke Rohrbaugh is a party. Fringe benefits. Any and all books or records showing any fringe benefits available to R. Luke Rohrbaugh from Rebco Associates, including without limitation, auto expenses, travel expenses, personal living and entertainment expenses, life insurance, bonuses, health, accident and hospital insurance. Written Agreements. Provide any and all written agreements between R. Luke Rohrbaugh and Rebco Associates and/or the other partners, including but not limited to employment agreements, buy-sell agreements, and stock option agreements. Interested parties. With regard to Rebco Associates, documents reflecting the names of all parties who have an ownership interest in the business. Financial statements. Any and all financial st~itements, including, but not limited to, financial statements submitted to any bank or financial statements prepared by any accountant on a monthly, quarterly, annual or other periodic basis from January 1, 1997 to the present. Business Plans. Any business plans which have been prepared by or on behalf of Kebco Associates within the last five (5) years. 1Wl 8/02= 1:30pm=ld=rohrbaugh.not~F#1 11. Distribution. Any and all documents reflecting distribution in assets or income to R. Luke Rohrbaugh from January 1, 1997 to the present. This includes, but is not limited to, the ledgers of the business reflecting payment of expenses. Contribution. Any and all document reflecting contribution made by or on behalf of R. Luke Rohrbaugh from date of inception to present, which documents reflect the date and amount of such contribution. 13. Loans. Any and all documents reflecting any loans made by or to the business by or on behalf of R. Luke Rohrbaugh from date of inception to the present. This includes, but is not limited to, any loans upon which R. Luke Rohrbaugh or his spouse, Caryn M. Rohrbaugh affixed their signature. 12/1 gl02= 1:30pm=ld=rohrbaugh.not=F#1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, Vo R. LUKE ROHRBAUGH, PLAINTIFF DEFENDANT CIVIL ACTION - LAW NO. 02-5779 CIVIL TERM DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this date served the NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by fkst class, postage paid, mail, addressed as fbllows: Maria P. Cognetti, Esquire 210 Grandview Ave Camp Hill, Pennsylvania 17011 DATE: 002--- BY: Karen L. ~elman, Esquire Attorney for Plaintiff 30 Norfl~ George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 01/08/03 =9:19am=ld=rohrbaugh. sub=F# 1 IN THE COURT OF COMMON PLEAS OF CUMBER1,AND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, Vo R. LUKE ROHRBAUGH, PLAINTIFF ' DEFENDANT · CIVIL ACTION - LAW NO. 02-5779 CIVIL TERM DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this date served the CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440· Service by first class, postage pre-paid, United States mail addressed as follows: DATE: Maria P. Cognetti, Esquire 210 G-randview Ave Camp Hill, Pennsylvania 17011 Kare~};JL~.. ee~lman, Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 01/08/03=9:19am=ld=rohrbaugh.sub=F#1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, Vo R. LUKE ROHRBAUGH, PLAINTIFF · DEFENDANT · CIVIL ACTION - LAW NO. 02-5779 CIVIL TERM DIVORCE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents, and things pursuant to Rule 4009.22, Karen L. Semmelman, Esquire, attorney for Plaintiff, certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served. (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received and counsel for Defendant has waived the 20 day requirement, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: /'-~' '03 ......... anT- squire 12/18/02=1:30pm=ld=rohrbaugh.not=F# 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, PLAINTIFF CIVIL ACTION - LAW Vo NO. 02-5779 CIVIL TERM R. LUKE ROHRBAUGH, DEFENDANT DIVORCE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff, Caryn M. Rohrbaugh, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned any objection to the subpoena. If no objection is made, the subpoena may be served. Date: Ka~n~. ~m'an, Esquire Subpoena attached, to be issued to HffH Development Group, LLC 12/18102= l :~Opm=ld=rohrbaugh. not=~# I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROI-~BAUGH, CIVIL ACTION - LAW PLAINTIFF R. LUKE ROHRBAUGH, DEFENDANT NO. 02-5779 CIVIL TERM DIVORCE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To~ HHIq Development Group, LLC c/o John McNair 2213 Forest Hill Drive, #3 Harrisburg, Pennsylvania 17112 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:. See attached list to be produced to Hoffmeyer & Semmelman, 30 N. George Street, York, Pennsylvania 17401. m You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Karen L. Semmelman, Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania 174(11 BY THE COURT: DATE: By: 12'/I 9/02=4:lgpm=ld=rohrbaugh.not=F# 1 10. ATTACHMENT TO SUBPOENA ISSUED TO HHE[ DEVELOPMENT GROUP, LLC Partnership Agreements and K-I. Any and all partnership agreements entered into with any third parties or entities for any business venture which is being contemplated, negotiated or existing. Real estate..Any and all records pertaining to real estate in which R. Luke Kohrbaugh has an interest or may have acquired an interest, including any deeds, leases, mortgages, and settlement sheets related thereto (including monthly payments and present outstanding balance of principal and interest) together with any evidence showing all contributions in cash or otherwise made by R. Luke Rohrbaugh to the acquisition of such real estate, including all real estate purchased, sold or otherwise conveyed by R. Luke Rohrbaugh from the obtention of his ownership interest to the present. Options, Agreements regarding Real estate. Copies of all sales agreements and/or options for any real estate owned by R. Luke Rohrbaugh for which R. Luke Rohrbaugh has an interest either individually or jointly with any other person or entity or in trust for or as guardian for any other person or entity. Business documents. Copies of all financial statements, balance sheets and income statements, together with all the supporting schedules received by R. Luke Rohrbaugh with respect to any and _all proprietorships, joint ventures, partnerships, realty trusts, corporations or other legal entities in which R. Luke Rohrbaugh holds a legal or equitable ownership interest, individually or otherwise from January 1, 1997 to the present date. Business agreements. Copies of all parmership and/or joint venture agreements to which R. Luke Rohrbaugh is a party. Fringe benefits. Any and all books or records showing any fringe benefits available to R. Luke Rohrbaugh from H/fill Development Group, LLC including without limitation, auto expenses, travel expenses, personal living and entertainment expenses, life insurance, bonuses, health, accident and hospital insurance. Written Agreements. Provide any and all written agreements between R. Luke Rohrbaugh and HZHH Development Group, LLC and/or the other partners, including but not limited to employment agreements, buy-sell agreements, and stock option agreements. Interested parties. With regard to HHH Development Group, LLC, documents reflecting the names of all parties who have an ownership interest in the business. Financial statements. Any and all financial statements, including, but not limited to, financial statements submitted to any bank or financial statements prepared by any accountant on a monthly, quarterly, annual or other periodic basis from January 1, 1997 to the present. Business Plans. Any business plans which have been prepared by or on behalf of HHH Development Group, LLC within the last five (5) years. . 12/1 gl02= 1:30pm=ld=rohrbaugh.not=F# 1 11. 12. 13. Distribution. Any and all documents reflecting distribution in assets or income to R. Luke Rohrbaugh from January 1, 1997 to the present. This includes, but is not limited to, the ledgers of the business reflecting payment of expenses. Contribution. Any and all document reflecting contribution made by or on behalf of R. Luke Rohrbaugh from date of inception to present, which documents reflect the date and amount of such contribution. Loans. Any and all documents reflecting any loans made by or to the business by or on behalf of R. Luke Rohrbaugh from date of inception to the present. This includes, but is not limited to, any loans upon which R. Luke Rohrbaugh or his spouse, Cawyn M. Rohrbaugh affixed their signature. 2/18/02=1:30pm=ld=rohrbaugh.not~F#1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANL~ CARYN M. ROHRBAUGH, CIVIL ACTION - LAW PLAINTIFF R. LUKE ROHRBAUGH, DEFENDANT NO. 02-5779 CIVIL TERM. DIVORCE CERTIleICATE OF SERVICE I hereby certify that I have on this date served the NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. DATE: Service by first class, postage paid, mail, addressed as follows- Maria P. Cognetti, Esquire 210 Grandview Ave Camp Hill, Pennsylvania 17011 ........... Karen I-,("~eff~melman, Esquire Attorney fi)r Plaintiff 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 01/08/03=9:19am=ld=rohrbaugh.sub=F# 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYNM. ROHRBAUGH, R. LUKE ROHRBAUGH, PLAINTIFF · DEFENDANT · CIVIL ACTION - LAW NO. 02-5779 CIVIL TERM DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this date served the CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class, postage pre-paid, United States mail addressed as follows: DATE: Maria P. Cognetti, Esquire 210 Grandview Ave Camp Hill, Pennsylvania 17011 BY: Karea~4~,.~,. S em m ~lm~.l, r, ~qulre Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 Telephone, #: (717) 846-8846 Supreme Court #: 29971 01/08/03=9:19am=ld~ohrbaugh.sub=F# 1 IN THE COURT OF COMMON PLEAS OF CUMBERI,AND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, Vo R. LUKE ROHRBAUGH, PLAINTIFF ' DEFENDANT ' CIVIL ACTION - LAW BIO. 02-5779 CIVIL TERM DIVORCE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for document.,; and things pursuant to Rule 4009.22, Karen L. Semmelman, Esquire, attorney for Plaintiff, certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served. (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received and counsel for Defendant has waived the 20 day requirement, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: /'~'aZ 12/1 g/02= 1 '.30pm=ld=rohrbaugh.not=F# 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, PLAINTIFF CIVIL ACTION - LAW 'NO. 02-5779 CIVIL TERM R. LUKE ROHRBAUGH, DEFENDANT DIVORCE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff, Caryn M. Rohrbaugh, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned any objection to the s;~~ctiOn is made, the subpoena may be served' .......... Karen L. Semmelman, Esquire Subpoena attached, to be issued to Prudential Securities 12/18/02= 1:30pm=id=rohrbau8h.not~F#1 IN T~IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. KOHI~AUGH, PLAINTIFF CIVIL ACTION - LAW NO. 02-5779 CIVIL TERM R. LUKE ROI-mBAUGH, DEFENDANT DIVORCE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4O09.22 To: Prudential Securities 3 Lemoyne Drive Lemoyne, Pennsylvania 17043 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached list to be produced to Hoffmeyer & Semmelman, 30 N.. George Street, york, Pennsylvania 17401. You may deliver or mail legible copies of the docurnents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after' its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Karen L. Semmelman, Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 BY THE COURT: DATE: By: 12]19/02=4:15pm=ld=r°hrbaugh-n°t=F# 1 ATTACHNEENT INFORMATION TO BE PROVIDED BY PRUDENTIAL SECURITIES PURSUANT TO SUBPOENA RELATING TO BENEFITS. OF R. LUKE ROHRBAUGH Life insurance policy.,. A copy of any life insuranc, e policy, including loan information and cash value as of October 11, 1986, January 1, 2000, August 2, 2002 and currently. Credit union account. A copy of the most recent credit union account statement including any loans against the account and supporting documentation regarding the loan and account balance as of January 1, 2000, August 2, 2002 ancl currently. ~ All statements from January 1, '.2000 to the present and statement as of October 11, 1986. Bonds. Copies of any bonds of statements for bonds purchased through payroll deductions from October 11, 1986 to the present. Partnership units/Phantom Stock. A copy of any and all statements and documentation regarding any partnership units or phantom stock, !including the value as of October 11, 1986, January 1, 2000, August 2, 2002 and currently. Medical Keimbursement Plan. A copy of any and :all statements and documentation regarding any medical reimbursement plan, including the terms as of January 1, 2000, August 2, 2002 and currently. Employee Benefit Plan. A copy of any and all statements and documentation regarding any employee benefits, as of January 1, 2000, AugUst 2, 2002 and currently. Pension/Ketirement Plans, With regard to any pension plans, retirement plans, or other qualified or non-qualified deferred compensation arrangements, including profit sharing or stock purchase plans, please provide documentation as follows: 1. Documentation reflecting the employee/participant's date of hire, and date of termination, if applicable; 2. Documentation reflecting the date the empl. oyee/participant first became covered by the plan and his past service date, if any; 3. Documentation reflecting the number of years, months or units of credited service on October 11, 1986, August 2, 2002 and currently; 4. Documentation reflecting the amount of benefits available to the employee/participant as of October 11, 1986, August 2, 2002 ;md currently and method of obtaining them without retirement; 1~19/02=4:16pm=ld-'--rohibaugh.nof=F# 1 5. Documentation reflecting the amount of benefits available to the employee/participant at age 65; 6. Documentation reflecting the date of the employee/partm~pant normal retirement with each employment; 7. Documentation reflecting the earliest 'date on 'which the employee/participant can retire from each employment; Documentation, if the plan is a defined benefit plan, reflecting what is the accrued benefit at normal retirement, and the current date, and the date the benefit is normally payable; the earliest date it is payable, and any early commencement actuarial reduction applicable, all based on the current version of the plan; 9. A copy of the summary plan description; 10. A copy of all benefit statements as of October 11, 1986 and from January 1, 2000 through the present; 11. Documentation reflecting the income for 'the last five (5) years during which the employee/participant was employed; 12. Documentation reflecting any other employment related benefit not disclosed. Contracts. Any contracts including, but not limited to, employment contracts, commission contracts or other agreements between Prudential Securities and R. Luke Rohrbaugh from October 11, 1986 through the present and between K. Luke Kohrbaugh and any other subcontractors, employees or independent contractors in Prudential Securities possession. Income. Any and all documents reflecting the actual dates of payments of any funds to K. Luke Kohrbaugh from January 1, 2000 to present, together with any and all documents reflecting deferred compensation due to him. Fringe benefits. Any and all books or records showing any fringe benefits available to R. Luke Rohrbaugh from Prudential Securities, including without limitation, auto expenses, travel expenses, personal living and entertainment expenses, life insurance, bonuSes, health, accident and hospital insurance from January 1, 2000 to the present. Written Agreements. Provide any and all written agreements between Prudential Securities and K. Luke Kohrbaugh, including but not limited to employment agreements, buy-sell agreements, and stock option agreements. Stock Options. A copy of any and all statements and documentation regarding any stock options, including the value as of October 11, 1986, January 1, 2000, August 2, 2002 and currently. 12/ l $/02= l :30pm=ld=rohrbaugh.not=F#1 IN THE COURT OF COMMON PLEAS OF CUMBERI,AND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, CIVIL ACTION - LAW PLAINTIFF R. LUKE ROHRBAUGH, DEFENDANT NO. 02-5779 CIVIL TERM DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this date served the NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. DATE: Service by first class, postage paid, mail, addressed as follows: Maria P. Cognetti, Esquire 210 Grandview Ave Camp Hill, Pennsylvania 17011 Karen L.~'$emmelman, Esquire Attorney for Plaintiff 30 Non~h George Street York, Pennsylv~ia 17401 Telephone #: (717) 846-8a46 Supreme Court #: 29971 01/08/03=9:19am=ld=rohrbaugh.sub=F#1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, R. LUKE ROHRBAUGH, PLAINTIFF DEFENDANT CIVIL ACTION - LAW NO. 02-5779 CIVIL TERM DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this date served the CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class, postage pre-paid, United States mail addressed as follows: Maria P. Cognetti, Esquire 210 Grandview Ave Camp Hill, Pennsylvania 17011 Karen Li~emmelman, Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme', Court #: 29971 01/08/03=9:19am=ld=rohrbaugh.sub=F# 1 IN THE COURT OF COMMON PI~EAS OF CUMBERL3dND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, Vo R. LUKE ROHRBAUGH, PLAINTIFF ' DEFENDANT · CIVIL ACTION - LAW NO. 02-5779 CIVIL TERM DIVORCE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Karen L. Semmelman, Esquire, attorney for Plaimiff, certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served. (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received and counsel for Defendant has waived the 20 day requirement, and (4) the subpoena which will be served is identical to the :subpoena which is attached to the notice of intent to serve the subpoena· Date: /- q- &3 .,--- ............ 12/15102~1:30pm=l~=rohrbaugh-not=F#1 CARYN M. ROHRBAUGH, IN THE COURT OF COMMON PLEAS OF CUMBERI,AND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PLAINTIFF R. LUKE ROH]~BAUGH, NO. 02-5779 CIVIL TERM DEFENDANT DIVORCE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff, Caryn M. Rohrbaugh, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned any objection to the subpoena~~in is made, the subpoena may be served. Date: K~~e~'~mmelm~, Esquire Subpoena attached, to be issued to STSC-Stock Club 1 Z/I 1/02 = 1:30prn=ld-rohrbaugh.not=Ir # 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAKYN M. ROHRBAUGH, R. LUKE ROHRBAUGH, PLAINTIFF ' DEFENDANT CIVIL ACTION - LAW NO. 02-5779 CIVIL TERM DIVORCE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4O09.22 To: STSC-Stock Club 900 Riehl Drive Lemoyne, Pennsylvania 17043 Within twenty (20) daYs after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached list to be produced to Hoffmeyer & Semmelman, 30 N. George Street, york, Pennsylvania 17401. You may deliver or mail legible copies of the docurnents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service~ the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Karen L. Semmelman, Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 BY ~ COURT: DATE: By: 1 ~ 1 ~/02=4:19pm=ld~rohrbau~,h.nol=F# 1 10. ATTACHMENT TO SUBPOENA ISSUED TO STSC - STOCK CLUB Partnership Agreements and K-1. Any and all partnership agreements entered into with any third parties or entities for any business venture which is being contemplated, negotiated or existing. Real estate. Any and all records pertaining to real estate in which K. Luke Kohrbaugh has an interest or may have acquired an interest, including any deeds, leases, mortgages, and settlement sheets related thereto (including monthly payments and present outstanding balance of principal and interest) together with any evidence showing all contributions in cash or otherwise made by R. Luke Rohrbaugh to the acquisition of such real estate, including all real estate purchased, sold or otherwise conveyed by K. Luke Rohrbaugh from the obtention of his ownership interest to the present. Options, Agreements regarding Real estate. Copies of all sales agreements and/or options for any real estate owned by K. Luke Rohrbaugh for which K Luke Kohrbaugh has an interest either individually or jointly with any other person or entity or in trust for or as guardian for any other person or entity. Business documents. Copies of all financial statemenlxs, balance sheets and income statements, together with all the supporting schedules received by R.. Luke Rohrbaugh with respect to any and all proprietorships, joint ventures, partnerships, realty trusts, corporations or other legal entities in which R. Luke Rohrbaugh holds a legal or equitable ownership interest, individually or otherwise frOm January 1, 1997 to the present date. Business agreements. Copies of all parmership and/or joint venture agreements to which R. Luke Rohrbaugh is a party. Fringe benefits. Any and all books or records showing any fringe benefits available to R. Luke Kohrbaugh from STSC-Stock Club, including without limitation, auto expenses, travel expenses, personal living and entertainment expenses, life insurance, bonuses, health, accident and hospital insurance. Written Agreements. Provide any and all written agreements between K. Luke Rohrbaugh and STSC-Stock Club and/or the other partners, inclUding but not limited to employment agreements, buy-sell agreements, and stock option agreements. Interested parties. With regard to STSC-Stock Club, documents reflecting the names of all parties who have an oWnership interest in the business. Financial statements. Any and all financial statements, including, but not limited to, financial statements submitted to any bank or financial statements prepared by any accountant on a monthly, quarterly, annual or other periodic basis from January 1, 1997 to present. Business Plans. Any business plans which have been prepared by or on behalf of STSC-Stock Club within the last five (5) years. 17./I S/02= l :30~m=ld=rohrbaugh.not=F #1 11. 12. Distribution. Any and all documents reflecting distribution in assets or income to R. Luke Rohrbaugh from January, 1, 199'7 to the present. This includes, but is not limited to, the ledgers of the business reflecting payment of expenses. Contribution. Any and all document reflecting contribution made by or on behalf of tL Luke Kohrbaugh from date of inception to present, which documents reflect the date and amount of such contribution. 13. Loans. Any and all documents reflecting any loans made by or to the business by or on behalf of R. Luke Kohrbaugh from date of inception to the present. This includes, but is not limited to, any loans upon which R. Luke Kohrbaugh or his spouse, Caryn M. Kohrbaugh affixed their signature. 12/1 ~/02=1:30p .m=ld=rohrbaugh.not=F# 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, R. LUKE ROHI~AUGH, PLAINTIFF DEFENDANT CIVIL ACTION - LAW NO. 02-5779 CIVIL TERM DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this date served the ~NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOlK DISCOVERY PURSUANT TO RULE 4009.21 on the person and in the manner indicated below, whic]h satisfies the requirements of Pa.R.C.P. 440. Service by first class, postage paid, mail, addressed as follows: Maria P. Cognetti, Esquire 210 Grandview Ave Camp Hill, Pennsylvania 17011 DATE: Karen l.~;~n~an, Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 01/08/03=9:19am=ld=rohrbaugh.sub=F#1 IN THE COURT OF COMMON PLEAS OF CUMBERLANiD COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, PLAINTIFF R. LUKE ROHRBAUGH, : DEFENDANT : CIVIL ACTION - LAW NO. 02-5779 CIVIL TERM DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this date served the CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class, postage pre-paid, United States mail addressed as follows: Maria P. Cognetti, Esquire 210 Grandview Ave Camp Hill, Pennsylvania 17011 DATE: /" q 6') ~.~ ~r'e~. S.~ametlff~, Esquire Attorney for Plaintiff 30 North George Street York, pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 \\Ntsb\family law\Client Directory\Rohrbaugh-R.L\pleadings\Objection to Amended Notice.wpd January 15, 2003 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant CARYN M. ROHRBAUGH, Plaintiff R. LUKE ROHRBAUGH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-5779 : CIVIL TERM : : IN DIVORCE OBJECTIONS TO AMENDED NOTICE BY PLAINTIFF TO TAKE ORAL DEPOSITION AND NOW, comes R. Luke Rohrbaugh, Defendant, by and through his attorney, Maria P. Cognetti, Esquire, and files the following Objections to Amended Notice by Plaintiff to Take Oral Deposition: 1. Defendant objects to the production of his local and federal income tax returns along with supporting documents and schedules for the period from 1984 through 1996. Said request is not permitted by Rule 4011 of the Pennsylvania Rules of Civil Procedure as it would cause unreasonable annoyance, embarrassment, oppression, burden and expense to Defendant. Furthermore, it would require Defendant to make an unreasonable investigation. 2. Defendant objects to the production of financial statements submitted to any third party for any reason whatsoever for the period from 1983 through 1986. Said request is not permitted by Rule 4011 of the Pennsylvania Rules of Civil Procedure as it would cause \\Ntsb\family law\Client Directory\Rohrbaugh-R.L\pleadings\Objection to Amended Notice.wpd January l5,2003 unreasonable annoyance, embarrassment, oppression, burden and expense to Defendant. Furthermore, it would require Defendant to make an unreasonable investigation. 3. Defendant objects to the production of all underlying documentation for each asset and liability identified on his personal financial statement attached to the Prenuptial Agreement dated October 6, 1986. Said request is not permitted by Rule 4011 of the Pennsylvania Rules of Civil Procedure as it would cause unreasonable annoyance, embarrassment, oppression, burden and expense to Defendant. Furthermore, it would require Defendant to make an unreasonable investigation. 4. Defendant objects to the production of documentation concerning the limited partnerships listed on his personal financial statement attached to the Prenuptial Agreement dated October 6, 1986 for the period between 1984 and December 31, 1986. Said request is not permitted by Rule 4011 of the Pennsylvania Rules of Civil Procedure as it would cause unreasonable annoyance, embarrassment, oppression, burden and expense to Defendant. Furthermore, it would require Defendant to make an unreasonable investigation. 5. Defendant objects to the production of deeds and mortgages for any real estate which was identified in the personal financial statement attached to the Prenuptial Agreement dated October 6, 1986. Said request is not permitted by Rule 4011 of the Pennsylvania Rules of Civil Procedure as it would cause unreasonable annoyance, embarrassment, oppression, burden \\Ntsb\family law\Client Directory\Rohrbaugh-R.L\pleadings\Objection to Amended Notice.wpd January 15, 2003 and expense to Defendant. Furthermore, it would require Defendant to make an unreasonable investigation. Date: January / ~'~, 2003 By: Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES 70 ~Q,~TI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant \\Ntsb\family law\Client Directory\Rohrbaugh-R.L\pleadings\Objection to Amended Notice.wpd January 15, 2003 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing Objections to Amended Notice By Plaintiff to Take Oral Deposition, by depositing a tree and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Karen L. Semmelman, Esquire HOFFMEYER & SEMMELMAN 30 North George Street York, PA 17401 MARIA P. COGNETTI & ASSOCIATES Date: January /t~'~ , 2003 By: ES~UII~ ,ARIA P. eO NE* , Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 90%4060 Attorney for Defendant 02/07/03=ll:29am=baf=roh~enovo.~ocf#l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION CARYN M. ROHRBAUGH, : Docket NO. 01062 S 2002 PLAINTIFF : : v. : PACSES Case No. 270105070 : PACSES Case No. 160105150 R. LUKE ROHRBAUGH, This demand Plaintiff. DATE OF ORDER: DEFENDANT i : APL #: 02-57 for hearing is filed this 7th day of Febru~y,~03 by January 29, 2003 for child support o~ly ~ / REASON(S): 1. Conference Officer erred in determining Defendant's income. 2. Conference Officer erred by not entering an interim order for alimony pendente lite/spousal support. 3. Conference Officer erred in not awarding a higher amount for the children per Melzer. 4. Conference Officer erred in holding Plaintiff to any earning capacity. Respectfully submitted, HOFFMEYER & SEMMELMAN, LLP ..Karen L. Semmelman, Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 xc: Maria P. Cognetti, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, Vo R. LUKE ROHRBAUGH, PLAINTIFF DEFENDANT : Docket No. 01062 S 2002 : : : PACSES Case No. 270105070 : PACSES Case No. 160105150 : : APL #: 02-5779 : CERTIFICATE OF SERVICM I hereby certify that I have on this date served the PLAINTIFF'S DEMAND FOR HEARING on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class, postage paid, United States mail addressed as follows: DATE: Maria P. Cognetti, Esquire 210 Grandview Ave Camp Hill, Penn~y~a~17011 ...... BY: ~en Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 CARYN M. ROHRBAUGH, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R. LUKE ROHRBAUGH, DEFENDANT 02-5779 CIVIL TERM ORDER OF COURT AND NOW, this j,~day of February, 2003, plaintiff having sought an award of alimony pendente lite, and defendant having raised as a defense to liability a pre-nuptial agreement executed by the parties, the issues as to liability will be heard in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at 1:30 p.m., Wednesday, April 2, 2003.4 Edgar B. Bayley, J~, ~<;aren L. Semmelman, Esquire For Plaintiff ~Maria P. Cognetti, Esquire For Defendant Michael Rundle, Esquire Support Master :sal ' If it is determined that the pre-nuptial agreement is not a defense to liability, the court will refer the case back to the Support Master for a hearing on the merits. 02/20/03=8:3 gam=rm--rohr 1 .r~q=fgl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CARYN M. ROHRBAUGH, . PLAINTIFF CIVIL ACTION - LAW R. LUKE ROHRBAUGH, DEFENDANT NO. 02-5779 CIVIL TERM .DIVORCE -CERTIFICATE OF SERVICE I hereby certify that I have on this date served the Plaintiff's Second Set of Request for Production of Documents Directed to Defendant on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class, postage paid, mail, addressed as follows: Maria P. Cognetti, Esquire 210 Grandview Ave Camp Hill, Pennsylvania 17011 DATE: Kar~__~,lL. Semmelman,- Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 I:\Cl.ient Directfry\Rohrbaugh.R.L\pleadings~uMotion for C6ntinuance.~vpd March 5, 2003 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant/Petitioner CARYN M. ROHRBAUGH, Plaintiff/Respondent V. R. LUKE ROHRBAUGH, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5779 CIVIL TERM IN DIVORCE MOTION FOR CONTINUANCE AND NOW, comes Defendant, R. Luke Rohrbaugh, by and through his attorney, Maria P. Cognetti, Esquire, and files this Motion for Continuance and :in support thereof respectfully avers as follows: 1. Petitioner is R. Luke Rohrbaugh, Defendant in the above-captioned action· 2. Respondent is Caryn M. Rohrbaugh, Plaintiff in lhe above-captioned action· 3. On or about December 4, 2002, Respondent filed a Complaint in Divorce. Said Complaint contained counts for equitable distribution, alimony, alimony pendente lite, and counsel fees· 4. On or about December 26, 2002, Petitioner filed tm answer to said Complaint in Divorce. 5. As a result of Respondent's claim for alimonypendente lite, a conference was scheduled by the Domestic Relations Office for January 28, 2003. I:\CI. ient Direct~ry\Rohrbaugh-R.L\pleadings\Motion for Continuance~wpd March 5, 2003 o discovery. 10. 6. At that time, Petitioner raised as a defense to alimony pendente lite the existence of a Prenuptial Agreement which had been signed by the parties. 7. On or about February 7, 2003, subsequent to the Domestic Relations Conference, Respondent filed a Petition for Declaratory Judgment and Stay of APL/Spousal Support Proceeding Pending Disposition. 8. Based on that Petition, this Honorable Court set a hearing for April 2, 2003. The parties to this matter are currently in the middle of complex and extensive Respondent served Petitioner with a Request for Production of Documents on December 20, 2002 which was responded to on January 22, 2003. 11. Respondent began her deposition of Petitioner, R. Luke Rohrbaugh on February 6, 2003, however, that deposition was not completed on that date. 12. Respondent served a Second Request for Production of Documents on February 20,2003. 13. Petitioner served a Request for Production of Documents upon Respondent on February 24, 2003. 14. Petitioner's counsel and Respondent's counsel have been in the midst of arranging the deposition of Petitioner for the last several weeks. 15. Respondent's counsel has indicated that she is willing to provide discovery responses prior to their due date but is unwilling to agree that shotfld she be unable to fulfill that agreement that the April 2, 2003 hearing could be continued. I:\C[ient Direefrory~Rohrbaugh-R.L\pleadingsWlotion for C~ntinuancc~wpd March 5, 2003 16. Petitioner believes and therefore avers that until the discovery process has been completed, he will not have ample information with which to defend or support his claims in this matter. 17. Until the discovery process is completed in this matter, Petitioner believes and therefore avers that the hearing currently scheduled for April 2, 2003 should be postponed to a date after which discovery would be completed. WHEREFORE, Petitioner respectfully requests this Honorable Court continue the hearing in the above-referenced matter for a period of thirty (301) days to allow the completion of discovery and the depositions in this matter. Date: March ~- , 2003 By: Respectfully Submitted: MARIA P. COG1NETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner 1 :\~21ient Dir~¢tory\Rohrbaugh-R .L\pleadings\Motion for ~2ontinuan~e .wpd March 5, 2003 _CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant iherein, do hereby certify that on this date I served the foregoing Motion for Continuance, by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Karen L. Semmelman, Esquire HOFFMEYER & SEMMELMAN 30 North George Street York, PA 17401 MARIA P. COGNETTI & ASSOCIATES Date: March ~'~ ,2003 By: Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (71'7) 909-4060 Attorney for Defendant/Petitioner 03/06/03=g :5 gam=rm---rohr.ans=f~ 1 IN THE COURT OF COMMON pI,EAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, CIVIL ACTION - LAW PLAINTIFF ~ NO. 02-5779 CIVIL TERM R. LUKE ROHRBAUGH, DEFENDANT DIVORCE PLAINTIFF'S ANSWER TO MOTION FOR CONTINUANCE AND NEW MATTER ON THIS 6th day of March, 2003, comes the Plaintiff, Caryn M. Rohrbaugh (hereinafter referred to as "Wife") by and through her attorney, Karen L. Semmelman, Esquire and files this Plaintiff's Answer to Motion for Continuance and in support thereof asserts as follows: 1. Admitted. Admitted. Admitted. Denied as stated. The Certificate of Service attached to the Answer to the Divorce Complaint is dated December 19, 2002. Contained within the Answer is Husband's assertions that the Prenuptial Agreement dated October 6, 1986 preclude Wife from receiving certain entitlements pursuant to the Divorce Code. 5. Admitted that a conference at Domestic Relations was held on January 28, 2003 on both the issue of child support and alimonypendente lite. Again, on this date, Husband raised the issue of the Prenuptial Agreement. 03/06/03=8:58am---rm=rohr. ans=fg 1 Admitted that Husband raised the issue of Prenuptial Agreement at the conference. Further, as noted above, he first raised this defense in a pleading on December 19, 2002. 7. Admitted. Denied as stated. On February 10, 2003 the Petition for Declaratory Judgment and Stay of APL was dismissed with a footnote from the Honorable Egar B. Bayley, stating that if a defense to liability for APL is based upon a prenuptial agreement, the support officer will refer that issue for disposition to the court. Admitted that a hearing was set for April 2, 2003. Admitted that discovery has been filed. 10. Admitted. Admitted. 11. 12. Admitted that Wife submitted one request for Quicken software disk for Husband's accounts, which Husband agreed to produce at his deposition, but Husband refused to provide a date when he would produce it, forcing Wife to file the Second Request for Production. 13. Admitted that Wife received the discovery request on February 26, 2003. 2 03/06/03=8:58ara=rra=rohr. ans=f~l 14. Denied as stated. On the contrary, Wife has been accomrnodating in providing Husband with dates for her deposition. In fact, as a result of receiving the notice from Judge Bayley on April 10, 2003 and in spite of the fact that it was two weeks later that she received the Request for Production from Husband, she nonetheless agreed as follows: A. Respond to the Request for Production by March 14, 2003, 10 days earlier than required. B. Rearrange her counsel's schedule to accommodate a deposition on March 20, 2003. C. Place these agreements in writing. D. Have her counsel return from vacation in order to attend the April 2, 2003 hearing since Wife is receiving virtually no income to meet the needs of her children and herself. A copy of the letter dated March 3, 2003 from Karen L. Semmelman, Esquire to Maria P. Cognetti, Esquire confirming these arrangements is marked Exhibit "A," attached hereto and incorporated by reference herein. 15. Denied as stated. On the contrary, see Exhibit "A." By way of further answer on March 4, 2003 Wife's counsel's staff affirmatively advised Husband's counsel l~hat they would provide their discovery responses by March 14, 2003 as set forth in Exhibit "A" and there would be no need for a continuance. 16. Defendant is without information or belief sufficient to form a basis as to what Husband does or does not believe. By way of further answer, it is averred as follows: A. Husband first raised the defense of a prenupfial agreement in a pleading on December 19, 2002. He had ample time to engage in discovery prior to this date. B. Even after the judge entered a date for a hearing, he waited another two weeks to submit his discovery request. 03/06/03 =8:58am--rm~ohr.ans--fg i C. Despite the inconvenience to Wife and her counsel, she is producing the documentation in advance of the due date and her counsel is returning from vacation to attend a hearing. D. Based upon the agreement from Wife and her counsel to produce the documentation and to have her deposition occur, Husband is not prejudiced whatsoever. 17. Denied. The hearing on April 2, 2003 is limited to the issue of the Prenuptial Agreement. Much of the discovery that is sought by both parties addresses issues concerning income and expenses. As noted in previous pleadings, it is Husband's desire to economically stranglehold Wife. This Motion for Continuance is but one more attempt to do so and should not be tolerated. WHEREFORE, Plaintiff respectfully requests that this Court dismiss Defendant's request for a continuance. NEW MATTER 18. Pursuant to Rules of Civil Procedure, it is mandated that each and every pleading containing factual averments be verified by the party or counsel. There is no verification attached to the Motion for Continuance and therefore, the motion should be dismissed with prejudice. Respectfully submitted, HOFFMEYER & SEMMELMAN, LLP BY: Karen L. Attorney for Plaintiff 30 North Cu,~orge Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 4 William F. Hoffmhyer Karen L. Semmelman* James G. Keenan Robert L. Buzzendore David C. Schanbacher Michael J. Connor Amy J. Phillips * Also admitted to practice in Maryland Tel: (717) 846-8846 (York) Tel: (717) 235-6133 (Shrewsbury) Fax: (717) 852-8780 E-Mail: info~hoffsemm, corn Plcase direct aH con'espondonce to York Office 30 North George Street York, PA 17401 73 East Forrest Avenue Shrewsbury, PA 17361 I-Iandic. nppcd Acoessible Darlene E. Dubs Vicki M. Runkle Barbara A. Froman Support Profesaionala Stephauie A. Hughes Professional Liaison Cindy S. Croft Bookkeeper Louise C. Ovenniller Office Manager & Support Professional In Reply Pleeso Refer to File No. FACSIMII,ED: (717) 909-4068 (NO FIRST CLASS MAll, WILL FOLLOW) Maria P. Cognetti, Esquire 210 Grandview Ave Camp Hill, Pennsylvania 17011 Dear Maria: March 3, 2003 (Dictated February 28, 2003) Re: Rohrbaugh v. Rohrbaugh 11263-00 This letter will confirm our conversation of today wherein we agreed as follows: Deposition of Caryn Rohrbaugh. This will take place in your office at 9:00 AM on March 20, 2003. We have agreed that this deposition will continue through 1:00 PM, if necessary. Request for Production. We will respond to your Request for Production by March 14, 2003. We have agreed to accelerate these dates so as to enable us to move forward with the hearing on August 2, 2003. Additionally, I advised that I absolutely must have the documentation previously requested as set forth in my letter of February 10, 2003 immediately. You said that you would see that I received it. Very truly yours, KLS:ld xc: Caryn M. Rohrbaugh HOFFMEYER & SEMMELMAN, LLP Karen L. Semmelman, Esquire 03/06/03=8:5$am--rm~ohr. ans~l VERIFICATION I, Karen L. Semmelman, ESQUIRE, verify that I am the attorney for Caryn M. Rohrbaugh in the foregoing matter and that she is unavailable to sign this Verification; that I am duly authorized to sign the same on her behalf; and that the statements made in the foregoing PLAINTIFF' S ANSWER TO MOTION FOR CONTINUANCE AND NEW MATTER are true and c, orrect 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.A. Section 4904, relating to unsworn falsification to authorities. Respectfully submitted, HOFFMEYER & SEMMELMAN, LLP Karen L. Se~m~'aelman, Esqtilre Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 03/06/03=8:58am=nn=rol~.ana=fg l IN THE COURT OF COMMON PLEAS OF CUMBERI,AND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUG~ Vo R. LUKE ROHRBAUGH, PLAINTIFF · DEFENDANT CIVIL ACTION - LAW NO. 02-5779 CIVIL TERM ]DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this date served the PLAINTIFF'S ANSWER TO MOTION FOR CONTINUANCE AND NEW MATTER on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class mail, postage pre-paid, United States and facsimile mail (717) 909-4068 as follows: DATE: Maria P. Cognetti, Esquire 210 Grandview Ave Camp Hill, Pennsylvania 17011 i..BY: Karen L-ff. '~i:[melmun~ r~ .... ~re Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 I:\Client Directbry~Rohrbaugh-R.L\pleadingshMotion for Continuance.wpd March 6, 2003 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant/Petitioner CARYN M. ROHRBAUGH, Plaintiff/Respondent Vo R. LUKE ROHRBAUGH,. Defendant/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-5779 : CIVIL TERM : : IN DIVORCE AMENDED MOTION FOR CONTINUANCE AND NOW, comes Defendant, R. Luke Rohrbaugh, by and through his attorney, Mafia P. Cognetti, Esquire, and files this Amended Motion for Continuance and in support thereof respectfully avers as follows: 1. Petitioner is R. Luke Rohrbaugh, Defendant in the above-captioned action. 2. Respondent is Caryn M. Rohrbaugh, Plaintiff in the above-captioned action. 3. On or about December 4, 2002, Respondent filed a Complaint in Divorce. Said Complaint contained counts for equitable distribution, alimony, alimonypendente lite, and counsel fees. 4. On or about December 26, 2002, Petitioner filed an answer to said Complaint in Divorce. 5. As a result of Respondent's claim for alimonypendente Hte, a conference was scheduled by the Domestic Relations Office for January 28, 2003. I:\Client Direc~ry~Rohrbaugh-R.L\pleadingshMotion for Continuance.wpd March 6, 2003 6. At that time, Petitioner raised as a defense to alimonypendente lite the existence of a Prenuptial Agreement which had been signed by the parties. 7. On or about February 7, 2003, subsequent to the Domestic Relations Conference, Respondent filed a Petition for Declaratory Judgment and Stay of APL/Spousal Support Proceeding Pending Disposition. Based on that Petition, this Honorable Court set a hearing for April 2, 2003. The parties to this matter are currently in the middle of complex and extensive 0 9. discovery. 10. Respondent served Petitioner with a Request for Production of Documents on December 20, 2002 which was responded to on January 22, 2003. 11. Respondent began her deposition of Petitioner, R. Luke Rohrbaugh on February 6, 2003, however, that deposition was not completed on that date. Respondent served a Second Request for Production of Documents on February 12. 20,2003. 13. Petitioner served a Request for Production of Documents upon Respondent on February 24, 2003. 14. Petitioner's counsel and Respondent's counsel have been in the midst of arranging the deposition of Petitioner for the last several weeks. 15. Respondent's counsel has indicated that she is willing to provide discovery responses prior to their due date but is unwilling to agree that should she be unable to fulfill that agreement that the April 2, 2003 hearing could be continued. I:\Cldent Directbry\Rohrbaugh-R.L\pleadings~Motion for Continuance.wpd March 6, 2003 16. Petitioner believes and therefore avers that until the discovery process has been completed, he will not have ample information with which to defend or support his claims in this matter. 17. Until the discovery process is completed in this matter, Petitioner believes and therefore avers that the heating currently scheduled for April 2, 2003 should be postponed to a date after which discovery would be completed. WHEREFORE, Petitioner respectfully requests this Honorable Court continue the hearing in the above-referenced matter for a period of thirty (30) days to allow the completion of discovery and the depositions in this matter. Date: March ~ ,2003 By: Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES MARIA P. ¢OGNET I~ESQUIRE Attorney I.D. No. 2791~ 210 Grandview Avenue, Suite 102 Camp Hill, PA 1701.1 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner I:\Client Direetory~Rohrbaugh-R.L\pleadingshMotion for Continuance.wpd March 6, 2003 CERTIFICATE OF SERVICE I, Mafia P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing Amended Motion for Continuance, by depositing a tree and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Karen L. Semmelman, Esquire HOFFMEYER & SEMMELMAN 30 North George Street York, PA 17401 MARIA P. COGNETTI & ASSOCIATES Date: March 2003 By: ~toA~lmeAy iP.~.CNOoG. ~7E91~ ,ESQUIRE 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner VERIFICATION I, R. Luke Rohrbaugh, hereby verify and state that the facts set forth in 'the foregoing document are tree and correct to the best of my infimnation, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom verification to authorities. DATE: I:\Client Directory\Rohrbaugh-R.L\pleadings\Motion for COntinuance.(vpd March 5, 2003 CARYN M. ROHRBAUGH, Plaintiff/Respondent R. LUKE ROHRBAUGH, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5779 CIVIL TERM IN DIVORCE .ORDER OF COURT AND NOW, to wit, this day of__ ,2003, upon consideration of the attached Motion for Continuance, it is hereby ORDERED and DECREED that the hearing scheduled in this matter for April 2, 2003, is rescheduled to the day of ,2003, at o'clock M., in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: Jo CARYN M. ROHRBAUGH, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R. LUKE ROHRBAUGH, DEFENDANT 02-5779 CIVIL TERM ORDER OF COURT AND NOW, this Id3C~day of March, 2003, a Rule is entered to show cause why the relief requested for a continuance of the hearing scheduled for April 2, 2003, for thirty days, should not be granted. Rule returnable five (5) days after service. The Prothonotary shall forward any answer to chambers. Edgar B.~ayley, J. Karen L. Semmelman, Esquire For Plaintiff Maria P. Cognetti, Esquire For Defendant :sal \\Ntsb\family law\Client DirectoryLRohrbaugh-R.L\pleadings~Defendant's Response to Plaintiffs New Matter.wpd , March 10, 2003 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant CARYN M. ROHRBAUGH, Plaintiff Vo R. LUKE ROHRBAUGH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-5779 : CIVIL TERM : : IN DIVORCE DEFENDANT'S RESPONSE TO PLAINTIFF'S NEW MATTER WITH REGARD TO MOTION FOR CONTINUANCE AND NOW, comes Defendant, R. Luke Rohrbaugh, by' and through his attorney, Maria P. Cognetti, Esquire, and files the following Defendant's Response to Plaintiff's New Matter with regard to Motion for Continuance and in support thereof avers as follows: 18. Admitted with clarification. It is admitted that Rule 1024 requires every pleading to be verified, although that person need not be Defendant. In the instant situation, the facts contained within the Motion for Continuance were all facts of which Defendant's counsel had personal knowledge. Therefore, Defendant's counsel could have provided the verification. PlaintiW s counsel was well aware of the fact that the verification could have been made by Defendant's counsel as she too has personal knowledge of the facts of the Motion. The missing Verification was simply an oversight on the part of Defendant's counsel's office. A simple telephone call advising Defendant's counsel of the error could have easily remedied the situation. \LNtsb\fajnily law\.Client Directory\Rohrbaugh-R.L\pleadings~Defenda~t,s Response to PlaintilTs New Matter.wpd . March 1.0, 2003 This is certainly common courtesy and is customarily done between counsel. Furthermore, pursuant to the Rules of Civil Procedure, Plaintiff's request for dismissal of the Motion is improperly pled in New Matter. Her request should have been made in the form of a preliminary objection for failure of the pleading to conform to a Rule of Court. Under Rule 1028 regarding Preliminary Objections, "a party may file an amended pleading as of course within twenty days after the service of a copy of Preliminary Objections. If a party has filed an amended pleading as of course, the Preliminary Objections to the original pleading shall be deemed moot." Upon receipt of Plaintiff's Answer and New Matter, Defendant's counsel promptly filed an Amended Motion for Continuance which contained a Verification. Plaintiff's request that the matter be dismissed without prejudice due to a missing Verification is without merit and is not permissible under the Rules. Even though Plaintiff failed to file the appropriate pleading, Defendant remedied the error by the filing of the Amended Motion and therefore, Plaintiff's objection, in any form, is now moot. Additionally, Plaintiff's own counsel, herself, has failed to conform with the Rules of Civil Procedure by neglecting to attach a Notice to Plead to her Answer and New Matter. Although such defect would simply mean that Defendant is not obligated to file a responsive pleading, Defendant nonetheless filed this response. \~Ntsb\f~mily law\Client DirectoryLRohrbaugh-R.L\pleadings~Defenda~t's Response to Plaintiffs New Matter.wpd , March LO, 2003 WHEREFORE, Defendant believes and therefore avers that this Honorable Court should deny Plaintiff's New Matter as her objection is not appropriately raised and an amended pleading has been filed to rectify the error in the original Motion. Respectfully Submitted,, MARIA P. COGNETTI & ASSOCIATES Date: March//O ,2003 By: MARIA P. C/OGNETT~ ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant \\Ntsb\family law\.Client Directory\Rohrbaugh-R.L\pleadings~efendant's Respohse to PlaintiWs New Matter.wpd . March 10, 2003 VERIFICATION I, Mafia P. Cognetti, Esquire, attorney for the Defendant, have personal knowledge of the facts contained in the foregoing documem and therefore do verify that the information contained therein is tree and correct to the best of my knowledge, information and belief. DATE: March 10, 2003 Mafia P. £ognet~quire \XNtsb\family law\C, lient Directory\Rohrbaugh-R.L\pleadings\Defendant's Respofise to Plaintiffs New Matter.wpd - March 10, 2003 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing, by depositing a tree and exact copy thereof of Defendant's Response to Plaintiff's New Matter with Regard to Motion for Continuance, in the United States mail, first class, postage prepaid, addressed as follows: Karen L. Semmelman, Esquire HOFFMEYER & SEMMELMAN 30 North George Street York, PA 17401 Date: March /t~ ,2003 By: MARIA P. COGNETTI & ASSOCIATES MARIA pt. COGN~I, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant \[Ntsb\fam~ly law\Client Directory~Rohrbaugh-R.L\pleadings~Affidavit of Service.wpd March,10, 2003 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant CARYN M. ROHRBAUGH, Plaintiff Vo R. LUKE ROHRBAUGH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-5779 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, MARIA P. COGNETTI, ESQUIRE, do hereby certify that a tree and correct copy of the Notice by Defendant to Take Oral Deposition was served upon Plaintiff by United States Mail, first class, postage prepaid, on the 7th day of March, 2003, addressed as follows: Karen L. Semmelman, Esquire HOFFMEYER & SEMMELMAN 30 North George Street York, PA 17401 Date: March /O , 2003 By: MARIA P. COGNETTI & ASSOCIATES Attorney I.D. No~ 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant Sworn to and subscribed before me this /~day of ~.O t'C_.~ ,2003. ') Notary P~u~lic ~ My Commission Expires May 16, 2006 03/13/03=9:12am=rm--r ohr. int=f# 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, PLAINTIFF Vo R. LUKE ROHRBAUGH, DEFENDANT NO. 02-5779 : CIVIL TERM ACTION IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this date served the PLAINTIFF'S FIRST SET OF INTERROGATORIES DIRECTED TO DEFENDANT on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class mail, postage pre-paid, United States mail as follows: DATE: Maria P. Cognetti, Esquire 210 Grandview Ave Karen L. Semmelman, Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 03/14/03=9: 4 5am=ld=rohr.res--~41 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, R. LUKE ROHRBAUGH, PLAINTIFF DEFENDANT CIVIL ACTION - LAW NO. 02-5779 CIVIL TERM DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this date served the Response to Defendant's Request for Production of Documents (First Set) on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by hand delivery as follows: DATE: Maria P. Cognetti, Esquire 210 Grandview Ave ~ Camp Hill, Penamil 1~~_~ .... Karen L. Semmelman, Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court ~: 29971 03/lg/O3=lO:52am--rm=rohrl.an~--ff, l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANLA CARYN M. ROHRBAUGH, R. LUKE ROHRBAUGH, PLAINTIFF · DEFENDANT CIVIL ACTION - LAW NO. 02-5779 CIVIL TERM DIVORCE PLAINTIFF'S ANSWER TO AMENDED MOTION FOR CONTINUANCE AND NEW MATTER ON THIS 18TH day of March, 2003, Plaintiff, Caryn M. Rohrbaugh (hereinafter referred to as "Wife") by and through her attorney, Karen L. Semmelman, Esquire and files this Plaintiff's Answer to Amended Motion for Continuance and New Matter. 1-18. Plaintiff hereby attaches as Exhibit "A" her Plaintiff's Answer to Motion for Continuance and New Matter filed March 6, 2003 as if set forth herein, as her response. Respectfully submitted, HOFFMEYER & SEMMELMAN, LLP BY: ~" Karen L. Semmelman, Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 03/,06/03=8:Sgam=rm=rohr. am_-~l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ~PENNSYLVANI~ CARYN M. ROHRBAUGH, CIVIL ACTION - LAW PLAINTIFF · R. LUKE ROHRBAUGH, DEFENDANT NO. 02-5779 CIVIL TERM DIVORCE PLAINTIFF'S ANSWER TO MOTION FOR CONTINUANCE AND NEW MATTEk ON THIS 6th day of March, 2003, comes the Plaintiff, Caryn M. Rohrbaugh (hereinafter referred to as "Wife") by and through her attorney, Karen L. Semmelman, Esquire and files this Plaintiff's Answer to Motion for Continuance and in support thereof asserts as follows: Admitted. Admitted. Admitted. Denied as stated. The Certificate of Service attached to the Answer to the Divorce Complaint is dated December 19, 2002. Contained within the Answer is Husband's assertions that the Prenuptial Agreement dated October 6, 1986 preclude Wife from receiving certain entitlements pursuant to the Divorce Code. o Admitted that a conference at Domestic Relations was held on January 28, 2003 on both the issue of child Support and alimonypendente lite. A~ on this date, Husband raised the issue of the Prenuptial Agreement. 03/0.6/03=8:58 am=n'n----Iohr, an~--f~ 1 above, Admitted that Husband raised the issue of Prenuptial Agreement at the conference. Further, as noted he first raised this defense in a pleading on December 19, 2002. 7. Admitted. Denied as stated. On February 10, 2003 the Petition for Declaratory Judgment and Stay of APL was dismissed with a footnote from the Honorable Egar B. Bayley, stating that if a defense to liability for APL is based upon a prenuptial agreement, the support officer will refer that issue for disposition to the court. Admitted that a hearing was set for April 2, 2003. Admitted that discovery has been filed. Admitted. Admitted. 10. 11. 12. Admitted that Wife submitted one request for Quicken software disk for Husband's accounts, which Husband agreed to produce at his deposition, but Husband refused to provide a date when he would produce it, forcing Wife to file the Second Request for Production. 13. Admitted that Wife received the discovery request on February 26, 2003. 2 03/06/03= 8:58am=nn=rohr.an~=fg 1 14. Denied as stated. On the contrary, Wife has been accommodating in providing Husband with dates for her deposition. In fact, as a result of receiving the notice from Judge Bayley on April 10, 2003 and in spite of the fact that it was two weeks later that she received the Request for Production from Husband, she nonetheless agreed as follows: A. Respond to the Request for Production by March 14, '2003, 10 days earlier than required. B. Rearrange her counsel's schedule to accommodate a deposition on March 20, 2003. C. Place these agreements in writing. D. Have her counsel return from vacation in order to attend the April 2, 2003 hearing since Wife is receiving virtually no income to meet the needs of her children and herself. A copy of the letter dated March 3, 2003 from Karen L. Semmelman, Esquire to Maria P. Cognetti, Esquire confkming these arrangements is marked Exhibit "A," attached hereto and incorporated by reference herein. 15. Denied as stated. On the contrary, see Exhibit "A." By way of further answer on March 4, 2003 Wife's counsel's staff affn'matively advised Husband's counsel that they would provide their discovery responses by March 14, 2003 as set forth in Exhibit "A" and there would be no need for a continuance. 16. Defendant is without information or belief sufficient to form a basis as to what Husband does or does not believe. By way of further answer, it is averred as follows: A. Husband first raised the defense of a prenuptial agreement, in a pleading on December 19, 2002. He had ample time to engage in discovery prior to this date. Even after the judge entered a date for a hearing, he waited another two weeks to submit his discovery request. 03/Q6/03:8:58am:~n--rohr. arts~-f~ ! C. Despite the inconvenience to Wife and her counsel, she is producing the documentation in advance of the due date and her counsel is returning from vacation to attend a hearing. D. Based upon the agreement from Wife and her counsel to produce the documentation and to have her deposition occur, Husband is not prejudiced whatsoever. 17. Denied. The hearing on April 2, 2003 is limited to the issue of the Prenuptial Agreement. Much of the discovery that is sought by both parties addresses issues concerning income and expenses. As noted in previous pleadings, it is Husband's desire to economically stranglehold Wife. This Motion for Continuance is but one more attempt to do so and should not be tolerated. Plaintiff respectfully requests that this Court dismiss Defendant's request for a WHEREFORE, continuance. NEW MATTER 18. Pursuant to Rules of Civil Procedure, it is mandated that each and every pleading containing factual averments be verified by the party or counsel. There is no verification attached to the Motion for Continuance and therefore, the motion should be dismissed with prejudice. Respectfully submitted, HOFFMEYER & SEMMELMAN, LLP raren L. ~~e Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 4 . William F. Hoffmeyer Karen L. Semmelman* James G. Keenan Robert L. Buzzendore David C. Schanbacher Michael J. Connor Amy I. phillips * Also admitted to practice in Ma~'land Tel: (717) 846-8846 (York) Tel: (717) 235-6133 (Shrewsbury) Fax: (717) 852-8780 E-Mail: info~flaoffsemm, corn Please direct all corrcepondcncc to York Office 30 North George Street York, PA 17401 73 East Forrest Avenue Shrewsbury, PA 17361 Handicapped Accca&iblc Darlene E. Dubs Vicki M. Runkle Barbara A. Froman Support Professionals Stephanie A. Hughes . Professional Liaison Cindy S. Croft BooM~cepcr Louise C. Overmiller Office Manager & Support Profcasional In Reply Please Refer to File No. .11263-00 March 3, 2003 (Dictated February 28, 2003) FACSIMILED: (717) 909-4068 (NO FIRST CLASS MAIL WILL FOLLOW) Maria P. Cognetti, Esquire 210 Grandview Ave Camp Hill, Pennsylvania 17011 Re: Rohrbaugh v. Rohrbaugh Dear Maria: 'This letter will confirm our conversation of today wherein we agreed as follows: Deposition of Caryn Rohrbaugh. This will take place in your office at 9:00 AM on March 20, 2003. We have agreed that this deposition will continue through 1:00 PM, if necessary. Request for Production. We will respond to your Request for Production by March 14, 2003. We have agreed to accelerate these dates so as to enable us to move forward with the hearing on August 2, 2003. Additionally, I advised that I absolutely must have the documentation previously requested as set forth in my letter of February 10, 2003, immediately. You said that you would see that I received it. Very truly yours, KLS:ld xc: Caryn M. Kohrbaugh EXHIBIT HOFFIvlEYER & SEMMELMAN, LLP Karen L. Semmelman, Esquire 03/O~dO3=g:5 gam=rm=rohr, an~ --~ 1 VERIFICATION I, Karen L. Semmelman, ESQUIRE, verify that I am the attorney for Caryn M. Rohrbaugh in the foregoing matter and that she is unavailable to sign this Verification; that I am duly authorized to sign the same on her behalf; and that the statements made in the foregoing PLAINTIFF'S ANSWER TO MOTION FOR CONTINUANCE Pa.C.S.A. AND NEW MATTER 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 Section 4904, relating to unsworn falsification to authorities. Respectfully submitted, HOFFMEYER & SEMMELMAN, LLP Karen L SemFnelman, Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 03/06/03=8:58am=nu~rohr. ans~l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, R. LUKE ROHRBAUGH, PLAINTIFF DEFENDANT CIVIL ACTION - LAW NO. 02-5779 CIVIL TERM DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this date served the PLAINTIFF'S ANSWER TO MOTION FOR CONTINUANCE AND NEW MATTER on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class mail, postage pre-paid, United States and facsimile mail (717) 909-4068 as follows: DATE: Maria P. Cognetti, Esquire 210 Grandview Ave .Camp Hill, Pennsylvania 1'7011 x BY: ~x).....~ Karen ~'5~'rnelrn~_n, E~qu~re-- Attorney for Plaintiff 30 .North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK · SS: The foregoing Plaintiff's Answer to Amended Motion for Continuance is based upon information which has been gathered by me and counsel. The actual language contained in the pleading is that of counsel and not my own. I have read the Plaintiff's Answer to Amended Motion for Continuance and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. This statement and verification are made subject to the penalties of Pa.C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. DATE: ~///0 ~ ACKNOWLEDGEMENT ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK ~t~h~ the ~2003 day of , __, before me, the undersigned officer, personally appeared CARYN M. ROHRBAUGH known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained· nd o~fi~al seal. Notary Public MCE: COUNTY OF YORK On this, the day of , 20 , before me, the undersigned-- officer, personally appeared , known to me (or satisfactorily proven) to be a member of the bar of the highest court, Supreme Court ID # of said state and a subscribing witness to the within instrument and certified that he was personally present when CARYN M. ROHRBAUGH whose name subscribed to the within instrument executed the same, and that said acknowledge that she executed the same for the purposes therein contained. NOTARIAL SEAL DARLENE E. DUBS, NOTARY PUBLIC YORK, YORK COUNTY, PA MY COMMISSION EXPIRES NOV. 27, 2005 IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) Notary Public MCE: 03/18/03= l O:52~m--xm=rohrl ,m~s--~ l CARYN M. ROHRBAUGH, IN TIlE COURT OF COMMON pI,EAS OF CUMBERI,AND COUNTY~ PENNSYLVANIA CIVIL ACTION - LAW PLAINTIFF R. LUKE ROHRBAUGH, NO. 02-5779 CIVIL TERM DEFENDANT DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this date served the PLAINTIFF'S AMENDED ANSWER TO MOTION FOR CONTINUANCE AND NEW MATTER on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class mail, postage pre-paid, United States and facsimile mail (717) 909-4068 as follows: DATE: Maria P. Cognetti, Esquire 210 Grandview Ave Camp ~01~ Karen L. 'Semmelman, Esquire Attorney for Plaintiff 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 \\Ntsb\fan~ily law\CEent Directory~Rohrbaugh-R.L\pleadingsLa, ffidavit of Service-RPDs 2nd Sct.wpd March 21, 2003 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant CARYN M. ROHRBAUGH, Plaintiff Vo R. LUKE ROHRBAUGH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-5779 CIVIL TERM : CIVIL ACTION:- LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, MARIA P. COGNETTI, ESQUIRE, do hereby certify that a true and correct copy of Defendant's Responses to Plaintiff's Second Set of Request for Production of Documents Directed to Defendant was served upon Plaintiff by hand-delivery, on the 14th day of March, 2003. Date: March =-)/ ,2003 Swom to and subscribed before me thisF~ 1 day "-°°3' MARIA P. COGNETTI & ASSOCIATES MARIA P. ~OGNE~I, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant \[Ntsb\famiiy law\Client Directory\Rohrbaugh-R.L\pleadings~)efendant's Response to Plaintiffs New Matter(2nd).wpd March 24, 2003 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant CARYN M. ROHRBAUGH, Plaintiff R. LUKE ROHRBAUGH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-5779 : CIVIL TERM : : IN DIVORCE DEFENDANT'S RESPONSE TO PLAINTIFF'S NEW MATTER WITH REGARD TO AMENDED MOTION FOR CONTINUANCE AND NOW, comes Defendant, R. Luke Rohrbaugh, by and through his attorney, Maria P. Cognetti, Esquire, and files the following Defendant's Response to Plaintiff's New Matter with regard to Amended Motion for Continuance and in support thereof avers as follows: 18. Denied. It is specifically denied that Defendant's Amended Motion for Continuance was not verified by Defendant. WHEREFORE, Defendant believes and therefore avers that this Honorable Court should deny Plaintiff's New Matter. Date: March c~ ~ , 2003 By: Respectfully Submitted, MARIA P. COGNETTI & ASSOCIATES MARIA P~./CO~,NOTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant I:\~'lient Dir~ctoryLRohrbaugh-R.L\pleadings~Defendant's Response to Plaintiffs New Matter.~rpd March 21,2003 VERIFICATION I, Maria P. Cognetti, Esquire, attorney for the Defendant, have personal knowledge of the facts contained in the foregoing document and therefore do verify that the information contained therein is true and correct to the best of my knowledge, information and belief. DATE: March 21, 2003 Maria P. ~ogne~squire I:\Client DirectoryXRohrbaugh-R.L\pleadings~Defendant's Response to Plaintiffs New Matter.wpd March 21, 2003 CERTIFICATE OF SERVICE I, Mafia P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing, by depositing a tree and exact copy thereof of Defendant's Response to Plaintiff's New Matter with Regard to Amended Motion for Continuance, in the United States mail, first class, postage prepaid, addressed as follows: Karen L. Semmelman, Esquire HOFFMEYER & SEMMELMAN 30 North George Street York, PA 17401 MARIA P. COGNETTI & ASSOCIATES Date: March o)~., 2003 By: Attorney I.D. No. 2r7914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant \~qtsb\family ~v\Client DirectoryXRohrbaugh-R. L\pleadingsXAffidawt of Service-Order of Court.wpd ° March 2112003 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant CARYN M. ROHRBAUGH, Plaintiff Vo R. LUKE ROHRBAUGH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-5779 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, MARIA P. COGNETTI, ESQUIRE, do hereby certify that a true and correct copy of the March 13, 2003 Order of Court was served upon the Plaintiff's counsel by certified mail, return receipt requested, on the 17th day of March, 2003. The original signed remm receipt, number 7002 0510 0003 6465 7147, is attached and made a part hereof. MARIA P. COGNETTI & ASSOCIATES Date: March o~O, 2003 By: Sworn to and subscribed before me this ~ 0 day of/~t'C)) ,2003. )fN~)tary P(ablic ~RE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant SENDER: · Complete items 1 and/or 2 for additional services. · Complete items 3, 4a, and 4b. · Pdnt your name and address on the reverse of this form so that we can return this card to you. · Attach this form to the front of the mailpiece, or on the back if space does not permit. · Wdte 'Return Receipt Requested" on the mailpiece belo .w. the a. rbcle..num, b.er. · The RetumReceipt will show to whom the article was de~iverea and me oam delivered. c o 'o o 3. Article Addressed to: Kar~ L. Semmelman, Esquire HOFFMEYER & SEMMELMAN 30 NOrth George Street York, PA 17401 5. Received By: (Print Name) --~ PS ~-rrm 3~11~ Dec~.~er 1994 I also wish to receive the following services (for an extra fee): 1. [] Addressee's Address 2. [] Restricted Delivery Consult postmaster for fee. J4a. Article Number . 'J nb. ~e~iCe Type _/ ' J ~ Registered ~Ce~ified  xpress Mail ~ Insured eturn Re~ipt for Memhandise ~ COD and fee is paid) 102595-98-B-0229 Domestic Return Receipt CARYN M. ROHRBAUGH, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R. LUKE ROHRBAUGH, DEFENDANT 02-5779 CIVIL TERM ORDER OF COURT AND NOW, this'~_day of March, 2003, following a review of the current motion for a continuance of a hearing scheduled for April 2, 2003, which is opposed, the motion I$ DENIED. Karen L. Semmelman, Esquire For Plaintiff Maria P. Cognetti, Esquire For Defendant By the Court,.~ Edgar :sal 04/01/03=1:19pm=baf~rohr. div R. LUKE ROHRBAUGH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CARYN M. ROHRBAUGH, ' CIVIL ACTION - LAW PLAINTIFF . · NO. 02-5779 CIVIL TERM .' DEFENDANT ' DIVORCE .AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on December 4, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I verify, that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: aryn M'. ~hrb/~t~h, Plaintiff 04/01/03= 1:19pm=baf=rohr. div R. LUKE ROHRBAUGH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CARYN M. ROHRBAUGH, · CIVIL ACTION - LAW PLAINTIFF · : · NO. 02-$779 CIVIL TERM DEFENDANT · DIVORCE : _AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on December 4, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: ~..~e Rolffbff'ugh, Defen~ -- 04/01/03 = 1:19pm=baf~-rohr.div Vo R. LUKE ROHRBAUGH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CARYN M. ROHRBAUGH, ' CIVIL ACTION - LAW PLAINTIFF · · NO. 02-$779 CIVIL TERM DEFENDANT ' DIVORCE : WAIVER OF NOTICE OF INTENTION TO RE UEST .ENTRY OF A DIVORCE DECREE UNDER ~3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice· 2. I understand that I may lose rights concerning alimony, division of property, lawyer,s fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: Caryn M(. R/dhr~p(ugh, Plaintiff 04/01/03~1:19pm=baf~rohr. div IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, · CIVIL ACTION - LAW PLAINTIFF · : · NO. 02-5779 CIVIL TERM DEFENDANT · DIVORCE R. LUKE ROHRBAUGH, WAIVER OF NOTICE OF INTENTION TO REQUEST .ENrRY OF A DIVORCE DECREE UNDER .~3301(C) OF TIlE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CARYN M. ROHRBAUGH ) Docket Number Plaintiff ) ) PACSES Case Number VS. ROBERT L. ROHRBAUGH ) Defendant ) Other State ID Number 02-5779 CIVIL 160105150 AND NOW to wit, this Order APRIL 21, 2003 it is hereby Ordered that: THE REQUEST FOR APL DISMISSED PURSUANT TO AN AGREEMENT OF THE PARTIES. XC: RJ Shadday plaintiff defendant Maria Cognetti, Esquire Karen Senmelman, Es~fire Service Type M BY~~T: Edgar B. Bayley JUDGE Form OE-001 Worker ID 210 05 Vo R. LUKE ROHRBAUGH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, : CIVIL ACTION - LAW PLAINTIFF : : : NO. 02-5779 CIVIL TERM : : DEFENDANT : DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that Plaintiff in the above matter: or prior to the entry of a Final Decree in Divorce, afte~,th~"entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of MOTTILLA, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704 . DATE: COMMONWEALTH OF PENNSYLVANIA lgnatufre / / ..... - / : yame being resumed : ss COUNTY OF . _ : On the ~ ~'~ day of ~w-~k~, 2003, before me the Prothonotary or a Notary Public, personally~peared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. Prothonotary--or ~ar~P~bl ic NOTARIAL SEAL DIANNE LENIG, Nolary Public Lemoyne Borough Cumberland Co. My Commission Expires Dec. 21,2005 Carvn M. Rohrbaugh Plaintiff VS. R. Luke Rohrbaugh Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CML ACTION' - LAW : : NO. 02-5779 QUALIFIED DOMESTIC RELATIONS ORDER 1. The parties to this action have entered into a Property Settlement Agreement dated April 1, 2OO3. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's vested benefits payable under an employer sponsored plan which is intended to be qualified under Internal Revenue Code of 1986, as amended ("Code") §401(a). The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p) and §206(d) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. §3502. 3. This QDRO applies to the Prudential Cash Balance Pension Plan (a component of the Prudential Merged Retirement Plan), the "Plan". Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other tax qualified plan sponsored by the P~rticipant's employer, whereby liability for benefits accrued under such predecessor plan or other tax qualified plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 4. R. Luke Rohrbaugh ("Participant") is a participant in the Plan. Caryn M. Rohrbaugh, the former spouse of the Participant, ("Alternate Payee") is the aiternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: R. Luke Rohrbaugh 900 Kiehi Drive Lemoyne, PA 17043 Social Security #: 206-36-7224 Date of Birth: March 9, 1949 QD~O Page 2 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Caryn M. Rohrbaugh, n/Ma Caryn Mottilla 1 Grinnel Drive Camp Hill, PA 17011 Social Security #: 173-38-6504 Date of Birth: March 16, 1955 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's Plan benefits payable to the Alternate Payee under this QDRO is $50,000 of the Participant's account balance accumulated under the Plan. 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 11. The Plan shah distribute to the Alternate Payee her ]benefits as soon as administratively feasible following the Plan Administrator's approval of this Order. 12. The distribution shah consist of cash and/or securities, if permitted by the Plan and as determined by the Participant, and shall be a direct rollover to an Individual Retirement Account for the benefit of the Alternate Payee. The Alternate Payee shall execute any forms required by the Plan Administrator. 13. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to alternate payees under the Plan, including, but not limited to, the right to name a beneficiary. 14. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and thal~ the Plan Administrator shah reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. 16. In the event that the Plan inadvertently pays to the ]Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit QDRO Page 3 payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) day of receipt. 17. After payment of the amounts required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 18. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 19. The Alternate Payee's right to the amount assigned to her under this QDRO shall not be affected by the Participant's death (whether before or after benefit payments to the Alternate Payee have commenced). In the event of the Alternate Payee's death prior to the commencement of benefit payments to the Alternate Payee pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO as soon as practicable to any beneficiary designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. If no designated beneficiary survives the Alternate Payee, benefits shall be paid to the Alternate Payee's estate. 20. The Plan shall treat this QDRO in accordance with Code §414(p)(7). While the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 21. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 'QDRO Page 4 22. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. CONSENT TO ORDER: PLAINTIFF/ALTERNATE PAYEE DEFEND~M~/PARTI~T ATTORNEY FOR PLAINTIFF/ Signature Accepted and ordered this /~ day of__ ATTORNEY FOR DEFENDANT/ PARTICIPANT Signature Date Judge PROPERTY SETTL~ A~k~WngNT ~ETWEEN ARYN M ~ HRBA GH R LUKE ROHRBAU H T' 1 of on en II. III. 1. ~' 2. EXECUTION DATE A~TD EFFECTIVE DATE. 3. NO I ERFER E. . 4. DESCRIPTIVE HEADING~ PROPERTY DISTRIBUTION 5. DIVISION OF PERSONAL PROPERTYi~ 6. M R VEH L 7. ACCOm~rs. IWCgs~s~ STO¢~ ~n IRAS. 8. WAIVER OF PENSION ~_~D_ OTWF~ EMPLOYEE BENEFIT~. 9. (ODRO} 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. OUALIFIED DOMESTIC ~mT.aTIONS ORDER a. Preparation of ODRO. b. Management of IRA. c. No Substantive ~h~s' d. Continoent UPon Divorce.' BUSINESS INTERESTS. a. Rebco Associates[ b. ~ Develo~ent ~rouD, LLC. c. STSC - Stock Club, Avalon uiti- io ai n erest. e. Business Indebtedness. LUMP SUM PAYMENT, a. A11first Rome E~uitv Lo~n~ b. AT&T Credit Card. c. New Car Purchase, d. $100,000.00 Payment. e. n-Ta~ REAL ESTATE - 900 KI~gT. DRIVE. REAL ESTATE - i ~RINNEL DRIVE, C~kMP HILL, C~_F~LAND COumw~, P~-~SkhVANIA, REAL ESTATE - IND!~A AVEN~.' REAL ESTATE - 900 KI~g~. DRIVE REAL ESTATE SIDDONSBUKG ROAD, REAL ESTATE - NEW YORK. YORK COUNTY, TAX EFFECT OF DIVISION OF PROPERTY. A~-ACOUIRED PROPERTY. ALIMONT/ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, COU COSTS AND gX~SEg a. Ter. inatio of c. Waiver of Ri=hr to ;dificitiol, d. e. Pa~t through--------D~.Stic'~eiatio~s Office, Pa=e 1 1 1 1 1 2 2 2 2 4 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 6 6 7 7 7 7 7 7 7 8 8 8 8 9 9 9 10 10 10 11 04/02/03 ~$:39am~ld*rohrb&ug.pea~ 1 IV. 27. £. Ef£ect o~ Bankruptcy CHILDREN a. M n hl Am . ] b. Non-Modifiability,' c. Termination Date, d. Elf iv Dar . . e. ~ . f. Medical Insura~c;, g. Unreimbursed Health-Related ~_enses. h. Notification To Courb. i. Provisions of D~gtic Relatio~s'Off~ce. 28. CHILDREN'S ACCOUNTS~ 29. 32. BZNDIN~ UPON ESTATE, 33. IF E v.WAIV~aS . ~. WAIVER OF P~S~%~I~ £I%O~C~ 60~E'R~HT~, ~6. WAi v~K OF 38. WAXv=K OF C~T~ A~AINST ESTATES ~ · ~9. FILIN~ OF JOI~ ~S] 41. CO~FX~TORY DO~H 42. wx. ~ ~s. ~s~=~o~ ~ co~: 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. NO MER~ER IN DIVORCE A~RE~EN'~ TO EE INCORPO~E~ ~O'D~VS-~'D~;~.' SUBSEOUENT RECONCILIATION. ENFORCEMENT OF A~9~w~TT a. A~ b. Costs, ExDenses.'Fees. VOLUNTARy ~x~CUTION ENTIRE A~R~;MWm;T. MODIFICATION AND WAIVER' SITUS. BINDI EFFECT. . TRIPLICATE COPIES, 11 12 12 12 12 12 13 13 13 13 14 14 14 14 14 15 15 16 16 16 17 17 17 17 17 17 18 18 18 18 18 18 18 19 19 19 19 19 19 19 19 20 20 20 20 ii PROPERTY SETTLEMENT AGREEMENT BETWEEN CARYN M. ROHRBAUGH AND R. LUKE ROHRBAUGgl THIS AGREEMENT, madethis /~.~ da of Y , 2003, by and between CARYN M. ROHRBAUGH (hereinafter referred to as "Caryn"), of Cumberland County, Pennsylvania, and R. LUKE ROHRBAUGH (hereinafter referred to as "Luke"), of Cumberland County, Pennsylvania. WHEREAS, the parties were married on October 11, 1986; and WHEREAS, there were two children born of the marriage.., namely, Carson Luke Rohrbaugh, date of birth, August 19, 1989 and Cooper James Rohrbaugh, date of birth, March 18, 1991. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Caryn and Luke to live separate and apa~l for the rest of their natural lives. The parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as to 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; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Caryn by Luke or of Luke by Caryn; the settling of all matters between them relating to the past, present and future support and/or maintenance of the children; and, in general, the settling of any and all claims and possible claims by or against the other or against their respective estates, which claims may have arisen pursuant to the Divorce Code of 1980. NOW, THEREFORE, with the foregoing recitals being: hereinafter incorporated by reference herein and deemed as an essential part hereof, and intending to be legaily bound hereby, and for other good and sufficient consideration, the receipt of which is hereby acknc,wledged, the parties mutually agree as follows: I. INTRODUCTION 1. SEPARATION~ It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may, from time to time, choose or deem fit. 2. EXECUTION DATE AND EFFECTIVE DATE. The effective date of the Agreement shall be construed to be April 1, 2003. 3. NO INTERFERENCE. Each party shall be free fi~om interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other, nor compel, nor endeavor to compel the other to cohabit or dwell with him or her. 4. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. Il. PROPERTY DISTRIBUTION 5. DMSION OF PERSONAL PROPERTY. Other than as set forth in this agreement, the parties agree that each shall own, possess and enjoy, free from amy claim of the other, the personalty in his or her possession or control on the date of the execution of this Agreement, including, but not limited to all furniture, furnishings, rugs, carpets, clothing, jewelry, major and minor appliances, equipment, tools, pictures, paintings, books, works of art, decorations, silver, china, glassware and any other item of tangible property of whatever nature or wherever located. Each party hereby quit claims, assigns and conveys to the party designated herein as the owner all such personal property, together with any insurance policies covering that property and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all righl~ in such property from one party to the other. 6. MOTOR VEHICLES. The parties agree that Luke shall become the sole and exclusive owner of the 1998 Dodge Durango which is titled in his name alone. This car shall become the sole and exclusive property of Husband. In addition, he leases a 2000 Cadillac, which lease he shall assume in its entirety and indemnify and hold Caryn harmless for payment therefore. The parties agree that Caryn shall become the sole and exclusive owner of the 1997 Ford Explorer. The titles to the vehicles shall be executed by the parties, if appropriate, in order to effectuate transfer as herein provided, on the date of execution of this Agreement. 7. ACCOUNTS, ENVESTMENTS, STOCKS AND [RAS. The parties acknowledge that as of the date of separation on or about August 2, 2002, they had the following accounts, Investments, Stocks or IRAs, which shall be distributed to the parties as noted: a. Fulton Bank Savings Account #1370-80406 - to Caryn. The balance as of July 1, 2002 was $18,711t.36. b. Prudential Financial Account #044-871335-18 - to Caryn. The balance of July 31, 2002 was $46,508.19. c. Allfirst checking account #0~9508~6818-8 - Ix) Caryn. The balance as of date of separation - 0 (opened post separation). d. Allfirst Money Market Account #09508-6820-9 - to Caryn. The balance as of the date of separation - 0 (opened post separation). e. PSECU Account #0173 regular share 01 - tx> Caryn. The balance as of November 30, 2002 was $9.07. 2 04702/03 ~g :39am=ld~roh~baug.psa-~g i Prudential Financial account #044-862140..18 - to Luke. The balance of as August l, 2002 was $635,018.13. Prudential Financial account #044-873338 - belongs to the children. The balance as of September 30, 2002 was $163.11. Commerce checking account #0512010679 - to Luke. The balance as of August 7, 2002 was $10.00. Commerce checking account #51-208816-2 - to Luke. The account is titled jointly with Luke and Patricia L. Sherick. The balance as of August 2, 2002 was $442.10. Charles Schwab accounts #7577-3500 and #7577-3507 - to Luke. The balance as of July 31, 2002 was $23,5',g0.46. Prudential Securities BRANDES #MAC-860064-18 - to Luke. The balance as of August l, 2002 was $83,236.84. Prudential Securities CALAMOS #MAC-8~;0668-18 - to Luke. The balance as of August l, 2002 was $88,078.28. Prudential Securities CAMPBELL #MAC-860498-18 - to Luke. The balance as of August l, 2002 was $65,987.90. Prudential Securities FURMAN SELZ #MAC-861389-18 - to Luke. The balance as of August l, 2002 was $78,761.33. Prudential Securities KAYNE ANDERSON #MAC-861401-18 - to Luke. The balance as of August l, 2002 was $84,1171.04. Prudential Securities LORD ABBETT #MAC-861419~18 - to Luke. The balance as on August l, 2002 was $89, g40.58. 04/02/03~-$ :39arn=id~-rohlbaug.ps a~g ! q. Prudential Securities NORTHERN #MAC..861397-18 - to Luke. The balance as of August 1, 2002 was $87,041.71. r. Prudential Securities SENECA #MAC-860650~18 - to Luke. The balance as of August 1, 2002 was $70,940.60. s. Prudential IRA account #044-805421-18 - to Luke. The balance as of August 1, 2002 was $5,137.50. t. Prudential IRA account #044-814498-18 - to Caryn. The balance as of July 31, 2002 was $48,6,91.41. Caryn warrants that these account balances represent the values she obtained from a review of the account statement as of the statement date. Due to time constraints in the drafting and execution of this Agreement, Luke has not had time to verify the accuracy of this representation. Therefore, within two weeks of the date of the execution of this Agreement, he shall verify in writing the exact figure to be included if he disagrees with the balance as stated. However, even if the balance is not exact, the change in value shall in no way effect the validity of this Agreement since Caryn has had the opportunity to review these statements on or about the date of separation and is satisfied that the allocation of the assets is as stated. It is the intent of the parties to identify all such accounts, investments, stocks and IRAs as part of their duty for full disclosure which they both assert they have done. 8. WAIVER OF PENSION AND OTHER EMPLOYEE BENEFITE. Other than as set forth in this Agreement, the parties hereby waive any and all right to claim any interest or share in each other's pension, profit-sharing plans and other employee benefits, if any, from their present or past employers. The parties acknowledge that Caryn has not been employed on a full-time basis since 1990 with her employer prior to that date being Xerox Corporation. She has no entitlement to any employment benefits as of August 2, 2002. Caryn was employed by the Stat~ of Pennsylvania prior to the date of marriage for which she receives a monthly pension benefit of ,'t74.51. She has received this payment throughout the course of the marriage. Luke has been employed by Prudential Financial throughout the course of the marriage. Luke has an interest in Prudential Financial Master Share account #206367224. As of March 4, 2003, the underlying assets in Prudential Financial Stock Purchase Plan were valued at $1,703,551.16. In addition, pursuant to the report entitled "March 4, 2003 Restriction and Date Summary", there are certain restrictions on the underlying assets in the Financial Stock Purchase Plan that will terminate on enumerated dates between 2003 and 2010. Additionally, he has a 401(k) plan with a value of approximately $337,000.00 as of December 31, 2002. The parties acknowledge that Luke's employer has a medical insurance plan available which Luke is utilizing and will be more fully addressed hereinafter. Other them these benefits and the benefits Luke 4 identified in his deposition on February 6, 2003, neither part,.? has any employment related benefits available to them as of August 2, 2002 other than as set forth in this Agreement. 9. OUALIFIED DOMESTIC RELATIONS ORDER (QDRO). From Luke's Prudential 401(k) Plan, Luke shall transfer, by way of a QDRO, the sum of $250,000.00 to Caryn's IRA. To effectuate the transfer of these funds, the parties agree as follow:g: a. Preparation of QDRO. The parties agree that Luke shall cause a QDRO to be prepared by Harry M. Leister, Jr., F.S.A. by April 22, 2003 for submission to counsel for review and approval by both counsel. Luke shall pay the cost of preparation of the QDRO. b. Man~ Within five days of the date of execution of this Agreement, Luke shall direct Caryn as to the location of where to open the IRA account. Luke shall then assume 100% responsibility to manage the underlying assets in this IRA into which the $250,000.00 was deposited. IT is Luke's objective to cause this IRA to increase in value to the sum of $500,000.00 by January 1, 2015. In the event that the IRA, on January 1, 2015, is worth less than $500,000.00, Luke shall cause the difference between the value and $500,000.00 to be deposited into Caryn's IRA by way of a tax deferred vehicle. In the event the IRA, on January 1, 2015 ~s worth more than 500 000 , ~L ...... ' $ , .00, ~ary_ snail cause the difference oetween me va~ue ana the $500,000.00 to be deposited into Luke's IRA by way of a taxC~ deferred vehicle. c. No Substantive Chain,es. The parties acknowledge that at the time of the execution of this Agreement, the QDRO has not been attached as an Exhibi~t to this Agreement. Consequently, they understand that the language of the QDRO may need to be slighl:ly modified from time to time in order to obtain preapproval from the Plan Administrator. They agree that they will cooperate with the approval o~f~c)~an.~ges to such language,, provid,~g that the underlying substance of the QDRO, mm"-~xt~nF, a- $~,,,~,,,,~u.00-~yme~*_ to C~ii ~ i~, ~um,~d v~lli~.-~-Jazva~.-1-r-20~, is not changed. ~.~ d. Contingent Upon Divorce. The parties acknowledge that Luke will provide any and all information that Harry M. Leister, Jr., F.S.A. may require or that the Plan Administrator may require in order to preapprove the Qualified Domestic Relations Order. Tlhe parties acknowledge that the divorce shall not be granted until the Plan Administrator provides written verification that the QDRO is preapproved, at which time the steps to obtain a final divorce may be undertaken. 10. BUSINESS INTERESTS. The parties agree that Luke shall retain as his separate property any and all interest in and to the following partnerships, limited partnerships, corporations, business interests, for the following entities: a. Rebco Associates. Husband has a 33.33% interest in this partnership which bears tax ID #23-2201299. 04/02/0378:39am=ldn~rohrb~ag.l~a~l b. HHH Development Group, LLC. Luke has a 4% limited liability interest in this entity with a tax ID #25-1849386. c. STSC - Stock Club__._=. Luke had a 11.11% interest as a general partner until October 2002 when he disposed of this asset. The ErN number is 25-1808094. d. GAM Avalon Multi-Global Interest. Luke has an interest in this entity. The tax ID # is 13-4134788. As to all the entities a-d set forth in this Subparagraph, Caryn hereby specifically waives now and for all time any right, title, claim or interest whatsoever she may have in the aforementioned entitled. e. Business Ind__.~ebtedness. The parties acknowledge that Caryn has not m-signed nor is she a guarantor for any debts associated with any of the aforementioned businesses. Luke warrants this statement to be accurate. 11. LUMP SUM PAYMENT. In consideration of Caryn's waiver of all her rights arising from the marital relationship, except as provided herein, Luke shall pay to Caryn the following sum: a. Allfirst Home Equity Loan. Following separation, Caryn procured a loan through Allfirst Bank in the face mount of $50,000.00. By April 15, 2003, Luke shall cause the entire outstanding balance (not to exceed $50,000.00) of this loan to be paid in full and shall provide proof to Caryn that in fact a check was tendered to Allfirst to pay the entire outstanding balance of this loan. b. AT&T Credit Card. C ' ~ aryn s AT&T card ~[ccount #4492-2790-0016-5701 bears an outstanding balance of $11,530.00 as of April 1, 2003. Luke agrees that simultaneously with the execution of this Agreement, he shall write a check payable to AT&T Credit Card in this sum and deliver it to Caryn who shall cause it to be sent to the credit card holder to pay the debt in full. c. New Car Purchase._~__~. On or before June 1, 2003, Luke shall tender a check to Caryn in the amount of $25,000.00. This check is to enable to Caryn to apply this sum towards the purchase a new car. d. ~ At the time of the execution of this Agreement, Luke shall tender to Caryn a check in the amount of $100,000.00. e. Non-Taxable. All of these payments as set furth in this Subparagraph are not taxable to Caryn as income nor are they deductible by Luke for tax reporting purposes. 12. REAL ESTATE - 900 KIEJtL DRIVE,. The parties own an improved property located at 900 Kiehl Drive, Cumberland County, Pennsylvania. The appraised value for this property was $1,000,000.00 as of December 19, 2001. This property is subject to a $500,000.00 mortgage with Vartan Bank account #6148928 with a monthly payment of $2,995.27. The estimated outstanding balance as of April 1, 2003 is $490,000.00. 6 04/02/03 ,- 8:39am=ld~rohrbaug.paa-~g I Wife agrees to convey the real estate to Luke. Luke agrees to assume responsibility for payment of the unpaid balance on the mortgage together with interest there~on and hereby agrees to hold Caryn free and harmless from any and all liability as a result of the non-payment of the mortgage by him. By July 1, 2003, Luke shall take whatever steps are necessary in order to ,cause Caryn to be released from any and all liability on account of the mortgage at Vartan Bank whether by way of refinancing or a release. Luke warrants that there are no other outstanding obligations that Car~,n has signed as a guarantor or signator that remain due against this property or any other real estate thalt the parties may own. 13. REAL ESTATE - 1 GRINNEL DRIVE, CAMP [IH.l,. CUMBERLAND COUNTY, PENNSYLVANIA. Wife purchased this property on August 1, 2002 in her name alone for the sum of $178,000.00. Substantial improvements have been made to the property since this date. This property shall become Caryn's sole and separate property in which Luke waives any and all interest that he may have. 14. REAL ESTATE - INDIANA AVENUE. This property, held in joint names, was acquired by the parties on June 16, 2000. Parcels of this tract have been conveyed to various individuals. To the extent any real estate remains as part of this purchase (a residential building lot on 1.67 acres), Caryn agrees to convey such real estate to Luke. 15. REAL ESTATE - 900 KIEHL DRIVE,, The pm-ties purchased this property on January 30, 2002 for the sum of $80,000.00. This property (which is adjacent to the marital home) shall become the sole and exclusive property of Luke and Caryn agrees to convey the real estate to Luke. 16. REAL ESTATE - SIDDONSBURG ROAD, YORK COUNTY, PENNSYLVANIA This property was purchased by Luke on September 26, 1994 for the sum of $195,000.00. It contains 38.29 acres. This real estate shall become the sole and exclusive property of Luke and Caryn shall convey the real estate to Luke. 17. REAL ESTATE - NEW YORK. Luke owns property in New York (approximately 60 acres in Bath and approximately 110 acres in Watkins Glen) prior to the date of marriage. This property shall be his sole and separate property and Caryn agrees to sign any and all documents necessary in order to convey this real estate to him. 18. REAL ESTATE - ONGOING EXPENSES. Both parties agree that as of August 2, 2002, both will assume any and all responsibilities for lienable charges, real estate taxes, insurance, utilities and similar expenditures associated with the real estate in which they have acquired their sole and separate interest as set forth in this Agreement. 19. CREDIT CARDS. Other than is set forth in this Agreement, each party hereby agrees to return any and all credit cards or charge plates which he/she may have in his/her possession to the party who is the owner of the account and agrees that any debts incurred on any credit cards or charge plates not returned to the other party shall be the sole and exclusive responsibility of the party who charged the debt. Each agrees to save the other harmless from any obligations or institutions of suit commenced due to any charges made on the other party's card after the date of sepa~:ation. Any debts incurred on the credit cards or charge plates after the date of separation shall be the sole and exclusive responsibility of the charging party, who shall save harmless the other spouse from any obligation or institution of suit. 7 04~02/03 v 8:39arn=ldnmhfoaug.paa-~/1 20. EOUITABLE DISTRIliUTION - GENERAL CONSIDERATIONS. The parties have attempted to distribute their marital property in a manner which v~nforms to the criteria set forth in 23 Pa. C.S.A. § 3502(a) of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the fact that it is the first marriage for Luke and the first marriage for Caryn; the age, health, station, amount and sources of income; contributic,n of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each patty, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 21. INTENDED TAX EFFECT OF DIVISION OF PROPERTY. By this Agreement, the parties have intended to effectuate an equal division of their marit~d property. The parties have determined that such equal division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the equal division of the marital properties and the marital settlement herein contained, the parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. 22. 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. 23. PARTIES' DEBTS__~. The parties hereby agree to t~sume sole and exclusive responsibility for the debts as provided below. The responsible party agrees to indemnify and save harmless the other spouse from any and all claims or demands made against the other spouse by reason of the debts of the responsible party: a. Vartan National Bank account #6148928 - ~}ee Paragraph above ,under Real Estate. Luke assumes the outstanding liability on this debt until refinance, or release of Caryn s liability · q._~017c97 1' b. Commumty Banks account # . On September 12, 2001, Luke obtained a $1,000,000.00 open-end mortgage using Siddonsburg Road real estate as collateral. Luke has assumed sole responsibility for payment of this obligation. c. Commerce Bank loan #2957395. On December 10, 2001, Luke procured a $1,000,000.00 loan from Commerce Bank. Luke has assumed sole responsibility for payment of this obligation· 8 04/02/03~ g:39am=ld~rohtbaug.psa--F41 d. Allfirst home equity loan as identified under Lump Sum Payment above. This loan shall be paid in full by Luke by April 15, 2003 not to exceed $50,000.00. e. PSECU loan on account #0173, loan #1. This is an open-end loan of $12,000.00 that Caryn was entitled to utilize. It has a present balance of zero. Caryn shall be responsible for any debt associated with this loan. Since this account in both names, Caryn will take whatever steps are necessary to remove Luke's name from this liability by July 1, 2003. f. AT&T #4492-2790-0016-5701. This credit card is identified under Lump Sum Payment above which shall be paid by Luke at the date of the execution of the Agreement, not to exceed $11,530.00. g. Sears MasterCard #5121-0718-8676-3584. C aryn o p ened this account post se p aration in her name alone and is responsible for it. h. Home Depot #51-7198-082034-5. Caryn opened this account post separation in her name alone and is responsible for it. i. BOA VISA account g4356-0241-0419-3216. This account is in Luke's name alone and had an outstanding balance of $2,763.11 on the date of separation. Luke agrees that he shall be responsible for payment of this outstanding liability. ALIMONY/ALIMONY PENDENTE LITE, SPOUSAL SUPPORT~ COUNSEL FEES, COSTR AND EXPENSES 24. ALIMONY. The parties agree that the payments from Luke to Caryn as hereinafter set forth within this Agreement as defined in § 71 of the Internal Revenue Code shall be deductible by Luke and shall be includable in the income of Caryn under § 71(b)(1)(B) of the Internal Revenue Code and the authority of Proposed and Temporary Treasury Regulation § 1.7ii-IT(a), Q-8, A-8. a. Term. Luke shall pay to Caryn, for her separate support and maintenance, the following sums in accordance with the following terms: (1) Commencing on April 1, 2003, Luke shall pay a yearly sum to Caryn such that she nets (after taxes), from those funds, the sum of $75,000.00. (2) The exact amount of the payment fi'om Luke to Caryn shall be determined each year, by Martin Van Coevering, or other acceptable CPA and shall be based on each year's respective tax rates. Such calculation shall be based on the presumption that the only income of Caryn is the monies paid to her under this paragraph. (3) The full amount paid by Luke shall be; deductible to him and taxable to Caryn. (4) Luke's responsibility to pay this sum shall be for 11 years, with the last payment being due and payable on April 1, 2013. 9 b. Termination of Alimony. Notwithstandhag any other provisions set forth in this Agreement, the alimony payments provided shall terminate upon Caryn's death. In the case of alimony payments terminating upon Luke's death, the parties specifically acknowledge that Luke has maintained Caryn as beneficiary on a life insurance policy sufficient to fund the outstanding liability due to Caryn at the time of such untimely death as set forth hereinafter. c. Waiver of Right to Modification. The alimony provisions hereof have been negotiated to take into account the parties' overall economic circumstances, including the equitable distribution of property provided for herein, and were agreed to by both parties with the specific understanding that neither the amount nor the duration shall be subject to modification for any reason whatsoever. This understanding was an inducement and condition precedent to the execution of the overall Agreement. The parties agree that neither will seek a modific~,tion hereof in any court of law in this jurisdiction or any other jurisdiction or any other country wherever they may live. d. Life Insurance. Luke agrees to maintain life insurance, insuring his life, in the amount of the outstanding alimony and child support obligations he agrees to undertake pursuant to the terms of this Agreement. Luke agrees to provide Caryn with verification of compliance with the provisions of this Paragraph by April 15, 2003. Luke agrees to name Caryn as irrevocable beneficiary on the policy or policies of life insurance on his life equal to the outstanding liability he is taking in accordance with the terms of this Agreement. He shall continue to name Caryn as irrevocable beneficiary until all alimony and support obligations pursuant to the terms of this Agreement have been satisfied. (1) as irrevocable beneficiary are as follows: a. ~/Oc~h~e~r~od~- (~O~(c.~ ~ tO ~qq- ~ Policies. Husband agrees that the policies upon which Caryn will be named (2) Simultaneously with the execution of this Agreement, Luke shall designate Caryn as the primary irrevocable beneficiary on the proceeds of the policy consistent with the terms of this Agreement. (3) Luke shall at all times keep the aforementioned policies in full force and effect and shall promptly pay any and all dues, premiums and assessments. Further, Luke shall not convert, borrow against, pledge or encumber the policy. (4) By April 15, 2003, Luke shall provide proof satisfactory to Caryn that he has taken all steps necessary to cause the insurance company issuing tlhe aforementioned insurance policies to forward duplicate premium receipts to Caxyn. (5) If Luke defaults in the payment of any dues, premiums or assessments on the aforementioned policies, Caryn shall have the option, but not the obligation, to pay the same. In the event 10 04~02/03~ $:39am-ld~rohrbaug.psa~ 1 that Caryn elects to make such payments, Luke shall forthwith become liable to her for the aggregate of such payments made by her. (6) If the aforementioned life insurance policies are not in full force and effect at the time of Luke's death, or, if for any reason Caryn does not receive the proceeds thereof that she is entitled to under this Paragraph, then Caryn shall have a creditor's claim against Luke's estate in an amount equal to the insurance proceeds she would have received under the provisions of this Paragraph. (7) Notwithstanding any other provision of this Agreement, it is understood and agreed by and between the parties that any insurance proceeds payable in the event of Luke's death in excess of the dollar amount he is obligated to pay Caryn pursmrat to the terms of this Agreement, such excess shall be payable to such beneficiary or beneficiaries as Luke may elect. (8) Luke shall annually provide proof to Caryn that the insurance policy is in effect and the beneficiary has not been changed. (9) Caryn agrees to notify the insurance company of a change of her address for the purpose of receiving any and all notifications and correspondence concerning the policy. (10) Luke hereby authorizes Caryn to contact the insurance carder from time to time to verify the existence of such policy. A copy of this paragraph of this Property Settlemeot Agreement is sufficient authorization to the insurance carrier to obtain such information to Caryn. e. Payment throu~,h Domestic Relations Office._~. The parties agree that alimony may be payable through the Domestic Relations Section of the Court of Common Pleas of Cumberland County, Pennsylvania in the event Caryn so elects. The parties agree that all of the alimony provisions contained in this Agreement (including both direct and indirect contributions for alimony) may be enforceable by an action in support in accordance with Pa.R. Civ. P. 1910.1 et seq. However, the parties specifically acknowledge that payment through this office is not intended nor does it confer upon the Court any authority to modify the terms of the alimony as set forth in this Agreement. Rather, payment through the Domestic Relations Office is being made for the convenience of the parties and for enforcement purposes only. Such payment shall not be construed to interfere with the corttractual relationship that the parties are establishing pursuant to this Agreement. In the event either party attempts to change the amount of the alimony pursuant to this agreement because it is payable through the Domestic Relations Section of the Court, that party specifically agrees to indemnify and hold the other person harmless for any decrease or increase so obtained. f. Effect of Bankru tc . It is agreed by and ben,ween the parties that Luke's agreement for payment of alimony following the date of execution of this agreement is not intended to be effected by any bankruptcy proceedings instituted by or against Luke voluntarily or involuntarily and it is their desire that this payment not be deemed to constitute a dischargeable debt of bankruptcy. The parties specifically acknowledge that Caryn will not have sufficient income from other assets or employment in order to maintain herself and provide for her support without the payment of alimony as herein set forth. The parties express their intent that the alimony is to continue in accordance with the terms of this Agreement in the event of any subsequent filing of bankruptcy by Luke. I1 Should Luke file for bankruptcy, this Agreement shall be construed to constitute conclusive evidence of the parties' intent that the obligation of this paragraph is in the nature of support and maintenance. Luke warrants that if a bankruptcy proceeding is instituted, then he agrees to consent to any motion filed by Caryn with the Bankruptcy Court, wherein she requests that the Bankruptcy Court abstain from deciding the dischargeability of this alimony obligation and any other obligations to her in order to allow Cumberland County, Pennsylvania Court of Common Pleas to rule upon this issue. Finally, Luke acknowledges that in the event that he shoul~d: file f_o, ro.b.a~_,lc~ptcy that he ~ agrees that he will permit Caryn to assert an interest against his Prudential ~ ~nr, nz~a, ~c~ P"~i~ ~L and he shall make certain that there are sufficient assets in his Plan to "a,, the outstan~:-- A~:~_.. , ~ - - , F J mag umtganons ne~., ta nas unaertazen pursuant to the terms of this Agreement. ~ g. Note. Luke agrees that simultaneously with the execution of this Agreement, he shall execute a judgment note in the amount of $750,000.00 with a confession of judgment clause contained therein. The original judgment note shall be held in escrow by Luke's counsel not to be released to Caryn unless he has defaulted on his payment as determined by the Court of Common Pleas of Cumberland County, at which time Luke's counsel is authorized to provide the note to Caryn's counsel to record the judgment note and Caryn may immediately proceed with collection. 25. COBRA.__COVERAGE.__~. The parties acknowledge that Caryn has the right to elect COBRA insurance coverage (the Consolidated Omnibus Budget Reconciliation Act of 1985, P.L. 99-272) through Luke's employer. COBRA insurance coverage shall be provided for Caryn at the expense of Luke for a period not to exceed 36 months following the date of the entry of the Divorce Decree. Luke's annual obligation for payment of Caryn's medical insurance premium shall not exceed $4,000.00. The coverage for Caryn's insurance shall be comparable to the coverage that: she presently enjoys through Luke's employer. Payment of this insurance premium shall not be construed as alimony and shall have no tax consequences to either party. 26. COUNSEL FEES. The parties hereby acknowledge that they are rel~resented by counsel of their own choice and that each is responsible to pay their own attorney for all attorney's fees and legal expenses in conjunction with the negotiation and preparation of this Agreement, as well as other matters relating to the parties' marital claims under the Divorce Code of 1980. IV. CHILDREN & 27. CHILD SUPPORT. Caryn instituted a Support Cmnplaint on behalf of the children on the ~. a/~ day of/~, 200o/,_. Both parties filed Requests for Hearing De Novo from the interim rders. A hearing has been scheduled for May 6, 2003 before the Support Officer. As a result of the parties'°income, a Melzer analysis must be utilized. So as to avoid the cost of litigation, the parties desire to compromise their respective positions and agree to a child support order as follows: a. Monthly Amoant_ Luke shall pay to Caryn for the support and maintenance of the parties' two children the sum of $5,000.00 per month, which sum shall be paid on the first day of every month through the Domestic Relations Section of the Court and shall continue in this amount until the last payment is made on August 1, 2007. Effective August 31, 2007, this monthly sum shall terminate. 12 Effective September 1, 2007, Luke shall pay the sum of $2,500.00 per month until the last payment is made of $2,500.00 on August 1, 2009. On September 1, 2009, his support obligation shall terminate absolutely. b. Non-Modifiabili_~. The parties acknowledge that this sum is necessary for Caryn to meet the ongoing expenses associated with the children. Consequently, the parties specifically agree that in the event that Luke should seek to decrease the amount of the child support by filing an action through the Domestic Relations Section of the court, in such event, Luke shall pay the difference between $5,000.00 a month and any decrease that he may receive as non-taxable alimony to Caryn, which alimony payment he shall continue to pay on a monthly basis through August 31, 2009. This alimony shall be non-taxable to Caryn and not deductible by Luke for income tax purposes. In the event that Caryn should seek an increase to obtain child support in excess of $5,000.00 or $2,500.00 per month respectively, then under those circumstances, her alimony payment as set forth above shall be reduced in an amount equal to any increase that she receives over the child support of $5,000.00 per month or $2,500.00 per month respectively (as set forth in Subparagraph a above). c. Termination Date. The obligation to pay child support shall terminate absolutely with the last payment made on August 1, 2009. d. Effective Date. The effective date of the child support shall be April 1, 2003. To the extent that Luke has not paid the $5,000.00 per month for the April 1, 2003 payment, he shall immediately pay the difference to Domestic Relations Office equal to the outstanding sum. e. Arrearaees. The arrearages shall be determined to be zero as of March 31, 2003 (presuming Luke made his April 1, 2003 payment). Luke shall receive a credit as of March 31, 2003 not to exceed $1,000.00. f. Medical Insurance. Luke agrees that he shall continue to provide medical insurance for the benefit of the parties' two minor children, comparable to the medical insurance policies they presently have. Luke's obligation shall continue until each child completes college but no later than the age of 25. Thus, at the time that Carson finishes college or tums age 25, Luke shall be obligated only to provide medical insurance for Cooper. At the time that Cooper finishes college or tums age 25, his obligation to provide medical insurance shall terminate absolutely. g. Unreimbursed Health-Related Exnenses, The parties agree that the unreimbursed health related expenses, as def'med under the Support Guidelines, ~dl shall be paid by Luke. This includes, but is not limited to, eye, dental, medical, orthopedic, prescription:~ and similar health-related items. As to the biofeedback expenses for the boys, the parties shall each pay for 50% of the cost. h. Notification To Court. Within five days of the date of the execution of this Agreement, both parties shall notify the court that the matter has settled and that the hearing scheduled for May 5, 2003 is no longer necessary. They shall submit a copy of this portion of this Agreement, together with the first and last pages of the Agreement so as to enable the Domestic Relations Section of the court to enter an Order consistent with the terms of the parties' agreement. 13 i. Provisions of Domestic Relations Office. The parties acknowledge that the ongoing provisions for enforcement as set forth by the Support Guidelines in the Domestic Relations Office shall continue in full force and effect, but under no circumstances shall the payment through Domestic Relations in anyway change the parties' contractual obligation which t3hey have specifically set forth in this Agreement. 28. CHILDREN'S ACCOUNTS. The parties acknowledge that a number of accounts or trusts have been created for the benefit of the children. These assets include the following: (a) Prudential account #044-866773-18 in which Caryn is custodian for Carson. The balance on January 31, 2003 was $33,715.79. (b) Prudential account #044-867150-18 in which Caryn is custodian for Cooper. (c) (d) The balance on January 31, 2003 was $38,676.77. Arrive Fund __ in which Luke is custodian for Carson. 15ool/ 7q Arrive Fund __ in which Luke is custodian for Cooper. a--ecs t~ahtes~e~is'~'a~kn°~wle'dge that thes. e. funds are sp/enc~ficall¥a~r the benefit of the children. Caryn~[~ ~[~ g~ . . sn~ transfer me accounts Identified as [q~""~d (5~h'lSove to Luke so that he will he as custodian for the two Prudential accounts for which she is presently custodian. Further, thee- acknoWledge that should these funds continue to exist at the time that Cooper and Carson commence their college education, the funds therein may be applied against Luke's obligation to pay the costs of the children's college educational expenses. 29. TRUST. Husband created an irrevocable trust with Prudential, account #044-280183-18 in which Martin Van Coevering is trustee. This trust has a value as of January 31, 2002 in the amount $58,305.94. This trust is for the benefit of the children and shall continue to be maintained for them. 30. WILL. In the event of Caryn's untimely death while the children are under the age of 25, Luke agrees that he shall cause a $750,000.00 memorial gift to be made to the children's trust for their benefit in the name of Caryn. He shall provide a note to the children in writing indicating that such a memorial has been given in honor of their mother. In the event of both Luke and aryn s unttrnely deaths C ' ' while the children are minors, then the parties acknowledge that they have both made provisions for the benefit of the children. 31. UNDERGRADUATE EXPENSES Luke agrees to be responsible for the children's college expenses. Education and expenses shall be limited to tuition, room and board, including full meal plan, fees, books, supplies, and transportation to and from the college campus and the child's residence. 14 04/02J03~g :39am=ld~Tohrbaug.p~a-~/~ l If the child is living off campus with the written consent of both parties, then instead of room and board, educational expenses shall include actual expenses for rent, utilities and food. The child's expenses as set forth in the paragraph above shall be reduced by deducting any applicable scholarships, grants, income from existing trusts (if child is so entitled to such income), principal and income from any trust established by Luke on behalf of child, and accounts established pursuant to the Uniform Gift to Minors Act. The child shall be required to apply for scholarships and grants and the parties will cooperate to the extent necessary in assisting him to so apply. Luke's obligation shall cease upon the happening of the first of the following events: (1) The death of the child who is attending college; or (2) The child's receipt of a bachelor's degree or its equivalent; or (3) The child's completion of four (4) consecutive and non-consecutive academic years of higher education; or (4) The child's attainment of age 25 years. Husband has no obligation to pay for graduate studies. 32. BINDING UPON ESTATE,, In the event that for whatever reason, Luke does not have life insurance in place consistent with the terms of this Agreement, all child support obligations undertaken by Luke pursuant to this Agreement shall be binding upon Luke's hefts, executors, administrators, successors and assigns, and shall constitute a charge against Luke's estate. It is further acknowledged and agreed that payments are support payments and are not intended to be debts which are affected by discharge in bankruptcy. 33. LIFE INSURANCE. Luke agrees to designate Caryn as irrevocable beneficiary until the youngest child reaches the age of 25 years in an amount sufficient la pay his outstanding alimony and child support obligations as set forth herein. The terms of the life insurance provisions under the Alimony section are hereby incorporated by reference herein. 34. CHILDREN AS THIRD PARTY BENEFICIARIE~S. It is specifically understood and agreed by and between the parties hereto, that as to the provisions herein pertaining to the parties' children, the children shall be, are intended to be, and are contemplated to be, third party beneficiaries with further enforceable rights in their own names and stead. V. WAIVERS 35. WAIVER OF PENNSYLVANIA DIVORCE CODE RIGHTS. All property set apart herein either now or in the future as the separate property of either Luke or Caryn and all property now owned by or tiffed to Luke or Caryn individually or property acquired by Luke or Caryn individually at any time after the execution of this agreement shall remain the separate property of Luke or Caryn and 15 04/02/03v8:39am=id~ohrbaug,ps a~ 1 shall under no circumstances be considered as, or deemed to be or construed to be "marital property" as that term is used in the Pennsylvania Divorce Code and such property shall expressly not be subject to equitable distribution nor shall any appreciation in value of such property be subject to equitable distribution. This Agreement shall be deemed to be and construed to be a valid agreement for the purpose of waiving the provisions concerning equitable distribution as that term is used in the Pennsylvania Divorce Code of 1980, as amended. 36. WAIVER OF MAINTENANCE. Other than as set forth in this Agreement, both parties acknowledge that this agreement sets forth their entire obligation :For payment of spousal support, alimony pendente lite, temporary alimony or permanent alimony to the other spouse as those terms are defined in support and divorce legislation that now exists or may be created in the future. Unless specifically provided, each spouse waives their right to hereinafter file any action, or claim, to file for modification or otherwise seek income contribution from the other. 37. RELEASE OF INTEREST IN SEPARATE ASSETS, The parties hereto agree to waive any and all right to claim any interest or share in the separate assets retained by the other spouse. 38. WAIVER OF CLAIMS AGAINST ESTATES AND MUTUAL RELEASE Except as otherwise herein provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all right he or she may now haw~ or hereafter acquire, under the present or 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, thirds, ,~rtesy, allowance, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of the other, and right to act as administrator/executor of the other's estate and 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. The parties waive and release any and all rights to the other's estate, including the rights of set-off, any and all distributive shares and any and all rights of election provided for by the laws of this or any other state or jurisdiction. Each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns or any of them, ot' any and all claims, demands, damages, action, causes of action, or suits at law, or in equity, of any kind or nature, for or because of any matter or thing done, omitted or suffered to be done by said other party prior to and including the date hereof; the parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees or any other marital rights as provided in the Pennsylvania Divorce Code, or any amendment. It is specifically acknowledged that the parties have secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their own comfort, maintenance and support, in the station of life to which 'they are accustomed. 16 04/02/03v 8:39am=ld~rohrbaug.psa~ 1 VI. CONTINUING RESPONSIDILITIES 39. FILING OF JOINT RETURNS. The parties shall file a joint 2002 tax return. Luke shall be responsible for payment of any and all taxes that are due as a result of such joint filing and Luke likewise shall receive any refund that the parties are entitled to receive as a result of such joint filing. 40. INDEMNIFICATION UPON TAX DEFICIENCY. The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania as a consequence of the parties' Federal and State income tax returns filed after 1990, said penalties or interest shall be paid and solely attributable to and be the responsibility of Luke and Luke hereby covenants and agrees to hold Caryn harmless from any penalty, interest or liability for such reason unless the additional liabilities are found to be attributable to Caryn's misrepresentations or failures to disclose material financial data. 41. CONFIRMATORY DOCUMENTS. Luke and Caryn covenant and agree that they will forthwith (and within at least fifteen(15) days after demand therefore), execute any and all written instruments, assignments, releases, satisfactions, deeds, titles, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. The parties will further deliver to each other whatever personal papers, documents or writings that each now possesses which are the property of the other. 42. NEGOTIATIONS. The parties acknowledge that they have had the full and complete opportunity during all of the negotiations of the terms of this Agreement to consult with counsel, and that each does enter into this Agreement with the full knowledge of all of the effects of the Agreement, recognizing that the terms and conditions represent a compromise by both parties frOm the positions previously espoused. The parties further acknowledge that this Agreement is the result of intense negotiations and both the short and long term effects of this Agreement have been explained to the parties and that they accept these terms and conditions based upon both the monetary considerations being paid herein, the promise of the termination of litigation and the creation of a status quo for the purposes of reducing the likelihood of litigation in the future. 43. FILING OF DIVORCE WITH AFFIDAVIT OF CONSENT. Luke and Caryn acknowledge that a divorce action was filed in the Court of Common Pleas of Cumberland County, Pennsylvania, on December 4, 2002, filed to No. 02-5779. Luke and Caryn agree that their marriage is irretrievably broken and that it shall be dissolved pursuant to § 3301(c) of the Divorce Code of 1980. The parties, therefore, agree to the following: a. Simultaneously with the execution of this Agreement, both Luke and Caryn shall have executed an Affidavit consenting to the entry of a f'mal Decree in divorce. Further, both parties shail execute a Waiver of Notice of Intention to Request Decree under § 3301 (c) of The Divorce Code of 1980. b. Caryn shall cause the Affidavits and Waivers to be filed of record and the divorce finalized in accordance with Subparagraph c below. 17 c. Within seven days following receipt of the written notification from the Plan Administration indicating that the QDRO has been preapproved, Caryn shall take the steps necessary to transmit the records for entry of the Divorce Decree. d. The right to request counseling is hereby waived by the parties. VII. DISCLOSURES 44. FULL AND FAIR DISCLOSURE OF ASSETS. The parties warrant that they have given a full, complete and accurate disclosure of all assets, of any nature, whether or not the assets were held jointly or in one name alone. The enumeration of these assets are specifically delineated and enumerated in this Agreement with the caveat set forth in Paragraph 7. The parties confnun that he or she is relying upon the substantial accuracy of the asset disclosures contained in this Agreement as an inducement to the execution of this Agreement. No representations or warranties have been made by either party to the other or by anyone else as to the financial status of the other except as expressly set forth in this Agreement. VIH. CLOSINGS 45. REPRESENTATION BY COUNSEl,. The provisions of this Agreement and their legal affect have been fully explained to the parties by their respective counsel. Caryn has employed and had the benefit of counsel of Karen L. Semmelman, Esquire as her at~vrney. Luke has employed and had the benefit of counsel of Maria P. Cognetti, Esquire as his attorney. ]Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and/or has been advised of his or her right to independent legal counsel; that each fully understands the facts and has been fully informed as to his or her legal rights and obligations; that each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge; that execution of 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. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Divorce Code of 1980.52. 46. NO MERGER IN DIVORCE. When either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. 47. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such Divorce Decree shall retain continuing jurisdlction over the parties a~ad the subject matter of this Agreement for the purpose of enforcement of any of the provisions thereof. 48. PRIOR AGREEMENT. It is understood and agreed that any and all property settlement agreements, including the effect of the October 8, 1986 Prenuptial Agreement between the parties, executed 18 prior to this date are deemed null and void and of no effect. Rather, the terms have been overridden by the provisions set forth in this Agreement. 49. SUBSEQUENT RECONCILIATION. The parties agree that the terms of this Agreement shall not be affected by their subsequent cohabitation or resumption of marital relations unless the parties otherwise specifically agree in writing. 50. ENFORCEMENT OF AGREEMENT. The panlies agree that the following terms apply to the enforcement of their Agreement: a. Action at Law. Notwithstanding anything to the contrary herein, Luke and Caryn may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. b. Costs Ex enses Fees. Each party hereby agrees to pay all reasonable attorney's fees, costs, damages or collateral expenses that the other spouse may sustain or incur in any way whatsoever as a consequence of any default or breach by the other spouse of any of the terms or provisions of this Agreement, providing that the party who seeks to recover auch fees, costs, expenses and damages, clearly demonstrates that a breach has in fact occurred. It is the specific agreement and intent of the parties that breaching and wrong doing party shall bear the burden and obligation of any costs, expenses, damages and fees incurred by himself or herself, as well as the other party in endeavoring to protect, enforce and preserve his or her rights under this Agreement. c. ~. For enforcement purposes of any terms of this Agreement, the parties specifically acknowledge that the February 12, 1988 amendments to the Divorce Code o£ 1980 apply to this Agreement, including, but not limited to, § 3105 and § 3502(e). The parties specifically acknowledge, however, that the application of the Amendments for purposes of enforcement do not entitle the Court to modify the private terms of this Agreement as set forth in this Paragraph. Rather, they specifically affirm their concurrence to these terms. 51. yOLUNTARY EXECUTION. The provisions of this Agreement and their legal effect have been fully explained to the parties by counsel and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 52. ENTIRE AGREEMENT. This Agreement contains the entire understandings of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 53. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and exe,~ted 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 def, tult of the same or similar nature. Any 19 04/02/03n8:39am=ld~ro/ubaug.psa_~g 1 waiver by either party of any provisions of this Agreement or may right or operation hereunder shall not be controlling nor shall it prevent or estop such party from thereafter enforcing such provision, right or option and the failure of either party to insist in any one or more instances upon the strict performance of any of the terms or provisions of this Agreement by the other party shall not be construed as a waiver or relinquishment for the future of any such term or provision, but the same shall continue in full force and effect. 54. SITUS. Regardless of where the parties may reside or be domiciled in the furore and regardless of the situs of any of their property, their property rights after marriage, their rights under this Agreement, and the interpretation of this Agreement shall be construed and governed under the laws of the Commonwealth of Pennsylvania in effect as of the date of this Agreement. 55. PARTIAL INVALmITY. 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 continue in full force, effect and operation. 56. BINDING EFFECT. Except as otherwise stated herein, all provisions of this Agreement shall be binding upon the respective heirs, next of kin, and personal representatives of the parties. 57. TRIPLICATE COPIES. The parties hereto agree that the within Agreement shall be executed by them in triplicate originals. IN WITNESS WHEREOF, the parties hereto, after full disclosure made, have signed, sealed and acknowledged this Agreement in triplicate (3) counterparts, each of which shall constitute an original. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: CARYI~ M~iOH~I~,~UGH / aO a AtlaH / 20 ACKNOWLEDGemENT COMMONWEALTH OF PENNSYLVANIA On this, the ~ day of , 2003, before me, u the undersigned officer, personally appeared Caryn M. Rohrbaugh, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto hand and official seal. ota ic MCE: ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA On this, the ./$~ day of ~%0~ I , 2003, before me, ] the undersigned officer, personally appeared R. Luke Rohrbaugh, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS W~EREOF, I hereunto ~ han~ and official seal. ACKNOWLI:DG~MENT COMMONWEALTH OF PENNSYLVANIA On this, the ~. ~ day of · 2003, before ~e, ~ tile undersigne~ officer, personal ly appeared known to me (or satisfactorily proven) ~zo be a member of the bar of the highest court of said state and a subscribing witness to the within instrument and certified that he was ~ersonallv p~esent when ~£(f~.~' ~rP~6~9~ , whose name is suo~r~bed to th~within instrument executed the same, and that said erson ~[~ ~ acknowledges tha executed the~same' for t~ purposem therein contained. IN WITNESS WHEREOF, I hereunto se~ ha~ a~_ official seal. / Ke~m k She6ff, N~ary Pu~ I ~c~z~, ~ ~ t CO~u~~~ C0~TY 0F -~ On this, the · 2003, before me, undersigned officer, known to me (or satisfaft~ily proven) to be a me~er of the bar of the highest court of said state and a ~ubscribing witness to the within · nstrument and certified that he was Y. present when ~ ~ , whose name is u~scriDed t~ t~ within instrument executed ~he same, and that said ;~ ~ executed the sam~ for the~urposes therein contained. IN W~TNESS W~EREOF, I hereunto s~z han~an~ffiqial seal. IN THE COURT OF COMMON PLEAS OF CLTMBERLA/~D COUNTY, CARYN M. ROHRBAUGH, R. LUKE ROHRBAUGH, PLAINTIFF DEFENDANT PENNSYLVANIA : NO. : CIVIL ACTION - LAW : DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE OF DEFENDANT'S AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF YORK : Maria P. Cognetti, Esquire, of 210 Grandview Avenue, Camp Hill, Pennsylvania 17011, being duly sworn according to law deposes and says as follows: 1. I am the Attorney representing the defendant in the above- captioned matter, R. Luke Rohrbaugh, and submit this Affidavit of Acceptance of Service/pursuant to 49 P.S. Section 1502(a) (2). l! 2. On /~/~/~ , pursuant to autZhority granted me by R. Luke Rohrbaugh, I accepted service of the Divorce Complaint~4~aring the Court term and number, as above-stated. Complaint is attached hereto. SWORN and SUBSCRIBED to before me, a Notary Public, thins _~ day of Notary Public My Commission Expires: A true and correct cc, py of the Divorce Maria P. ~e 2002- NOTARIAL SEAL Candlth Y. l-Ifil, Notary P~b]k l'airview lwp.. York County C~m.~l,,:~ ]~'pi*~ Nov. 19, 200~i RECEIVED DEC I i 2002 Hoffmeyer & Semmelman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARYN M. ROHRBAUGH, V. R. LUKE ROHRBAUGH, PLAINTIFF DEFENDANT : CIVIL ACTION - LAW : NO. 02-5779 CIVIL TERM : DIVORCE PRAECIPE TO TRANSMIT RECORD 1. Ground for divorce: irretrievably broken under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: 12/9/02 served on Maria P. Cognetti, Esquire. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff: April 1, 2003, filed April 4, 2003; by Defendant: April 1,213,03, filed April 4, 2003. 4. Related claims pending: There are no related claims pending, all economic claims have been resolved via Property Settlement Agreement. 5. Date of execution of Plaintiffs Waiver of Notice in §3301(c) Divorce: April 1, 2003, filed: April 4, 2003. Date of execution of Defendant's Waiver of Notice in §3301(c) Divorce: April 1, 2003, filed: April 4, 2003. DATE: .... Karen L' Semmelman, Esquire Attorney for Plaintiff 30 North George Street York, Penrksylvania 17401 - 128 (717) 846-8846 Supreme Court No. 29971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CARYN M. ROHRBAUGH, Plaintiff VERSUS R. LUKE ROHRBAUGH, Defendant No. 02-5779 CIVIL TERM DECREE IN DIVORCE AND NOW, CARYNM. ROHRBAUGH DECREED THAT ~ LUKE ROHRBAUGH AND 2003 , IT IS ORDERED AND ,PLAINTIFF, ,DEFENDANT, ARE DIVORCED FROM THE BONDS Of MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECOI~D~IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ~)0~/~ The terms, provisions and conditions of the Property Settlement Agreement between the parties dated April 1, 2003 and attached as Exhibit "A' are incorporated into this