HomeMy WebLinkAbout97-01706
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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STATE OF 1~~ PENNA.
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..MARILYN LeMAY GROSS
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RANDALL ALAN GROSS
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DECREE IN
DIVORCE
AND NOW. ...~..~~........, 19..':'.Y,
it is ordered and
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decreed that.. . ... . .~I(l,P.Yl'. ,"~~I(lY. C;;r9~~.. . .... .. ... .. " .. ...., plaintiff,
and. . . . . . . . . llan.dall. A.1.an. .Gr.oss. . . . . . .. . . . . . . .. . . . . . . . . .. . . . " defendant.
are divorced from the bonds of matrimony.
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The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
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None,
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A~~.~~ .~~.~~~~~~~.O~Q~~~Q.. .~~~, .~~~ .,~~~&. .~qnq~'~Qn&.~nQ.~Q~enqnt6.6et.forth in
the written Marital Settlement Agreement made and entered into by the parties on
March 9. 1998 are incorporated into this De.cree.bY};.re~.en e th reto, but not
merged i t this Decree. T h f, Co u r};
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Allesl: a J.
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Prothonotary
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between the parties or the mutual written consent of both the Plaintiff and the
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Defendant.
C. All payments made pursuant to this Order shall be treated by both
parties as alimony under the Internal Revenue Code and its various terms and
provisions. The Plaintiff shall report the alimony paid to her by the Defendant
as income and pay tax on it as required by the law then in effect. The
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Defendant shall be entitled to deduct the payments from his income in
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accordance with the tax law then in effect.
D. The payment of alimony required by this Order shall be secured in
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accordance with the terms of the Marital Settlement Agreement between the
parties which was signed contemporaneously with their stipulation.
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BY THE COURT, //
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LAW OFFICE
EDWARD J. WEINTRAUB
2650 NOR~ T1l1RI',-SlREET
HARRISBURG, PENNSyLVANIA 171\0
(7171 238.2200 FAX ~.9280
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ();h day of J!) t2'7t')/J
between:
RANDALL ALAN GROSS, hereinafter referred to as "Husband", and
MARILYN LEMAY GROSS, hereinafter referred to as "Wife".
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on June 29, 1974, and
WHEREAS, certain differences arose between the parties as a result of
which they separated on March 11, 1996, and now live separate and apart from one
another, and are desirous of settling fUlly and finally their respective financial and property
rights and obligations as between each other, including, without limitation by specification:
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the settling of all matters between them relating to the past, present and future support
and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling
of any and all claims and possible claims by one against the other or against their respective
estates for equitable distribution of all marital property; and a resolution of all mutual
responsibilities and rights growing out of the marriage relationship; and
WHEREAS, the parties hereto, after being properly advised by their respective
counsel, Husband, by his attorney, Samuel L. Andes, Esquire, and Wife by her attorney,
Edward J. Weintraub, Esquire, have come to the following agreement.
NOW THEREFORE, in consideration of the above recitals and the following covenants
and promises mutually made and mutually to be kept, the parties heretofore, intending to be
legally bound and to legally bind their heirs, successors and assigns thereby, covenant,
promise and agree as follows:
, 1998, is by and
1. SEPARATION:
It shall be lawful for each party at all times hereafter to live separate and apart from
the other at such place or places as he or she may from time to time choose or deem fit.
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2. INTERFERENCE:
Each party shall be free from interference, authority and contact by the other, as fully
as if he or she were single and unmarried, except as may be necessary to carry out the
provisions of this Agreement. Neither party shall harass the other nor endeavor to molest the
other, nor compel the other to cohabit with the other nor in any way malign the other, nor in
any way interfere with the peaceful existence, separate and apart from the other in all
respects as if he or she were single and unmarried.
3. WIFE'S DEBTS:
Other than the debts indicated in Paragraph 5 below Wife represents and warrants to
Husband that since March I I, 1996, she has not, and in the future, she will not, contract or
incur any debt or liability for which Husband or his estate might be responsible and shall
indemnify and save Husband harmless from any and all claims or demands made against him
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by reason of debts or obligations incurred by her.
4. HUSBAND'S DEBTS:
Other than the debts indicated in Paragraph 5 below, Husband represents and
warrants to Wife that since March 11, 1996, he has not, and in the future he will not,
contract or incur any debt or liability for which Wife or her estate might be responsible and
shall indemnify and save Wife harmless from any and all claims or demands made against
her by reason of debts or obligations incurred by him.
5. OUTSTANDING MARITAL DEBTS:
Husband and Wife acknowledge and agree that they have no outstanding marital
debts and obligations of the Husband and Wife incurred prior to the signing of this
agreement, except as follows:
DESCRIPTION
AMOUNT
PERSON/S) NOW
RESPONSIBLE
A. 1977 Hatteras Boat Loan
$140,498
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B. RG Industries Miscellaneous
Financing $l,q20,534 H
C. 1992 Harley Motorcycle $3,340 H
D. Margin Account Wheat First
Securities $217,494 H&W
E. 1 98 Peyton Road Mortgage $19,055 H&W
F. RG Industries' American Express $0.00 H
G. Mellon Home Equity Credit Line $89,000 H&W
H. MasterCard $6,000 W
I. Miscellaneous retail charge
accounts $2,000 W
The parties agree that Husband shall hereafter be responsible for paying Debts A, B C, D, E,
F, and G above and Wife shall be responsible for paying debts H and I.
Each party agrees to pay the outstanding joint debts as allocated and further agrees to
indemnify and save harmless the other from any liability for such debts or obligations.
In the event that either party contracted or incurred any debts, other than those
specifically identified herein, since March 11, 1996 the party who incurred the debt shall be
responsible for its payment regardless of the name in which the account may have been
charged and agrees to indemnify and hold harmless the other for any liability for such debts.
6. MUTUAL RELEASE:
Except as provided in this Agreement, each party waives his or her right to alimony
and any further distribution of propcrty because both agree that this Agreement provides for
an equitable distribution of thcir marital property in accordance with the Divorce Code of
1980. Subject to the provisions of this agreemcnt, each party has released and discharged,
and by this Agreement does for himself or herself, and his or her heirs, legal representatives,
exccutors, administrators and assigns, rclease and discharge the other of and from all causes
of action, claims, rights or dcmands whatsoever in law or equity, which either of thc parties
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ever had or now has against the other, except any or all cause or causes of action for
divorce and except in any or all causes of action for breach of any provisions of this
Agreement. Each party also waives his or her right to request marital counseling pursuant to
23 Pa. C.S.A. Section 3302.
7. EQUITABLE DISTRIBUTION:
A. Real Estate:
1. Peyton Road Property:
Wife agrees to transfer to Husband immediately upon signing of this
Agreement, all of her interest in and title to their jointly-owned real estate at
198 Peyton Road, York, York County, Pennsylvania subject to the mortgage of
approximately $19,055 given to Mellon Bank, in exchange for which Husband
agrees to be solely responsible for the payment of all future mortgage
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payments, taxes, and insurance relative to said real estate. Husband covenants
and agrees to pay and discharge the existing mortgage obligations on said
premises and l:grees to indemnify Wife from any loss by reason of any default
in payment and agrees to save Wife harmless from any future liability with
regard thereto. Until 31 July 1998 she and the children may continue to occupy
and to enjoy exclusive possession of the residence. Until such date, Wife shall
be solely responsible to provide, at her own expense, maintenance, utilities,
sewer, water, and other services for the property. In the event that the
property requires major repairs, Wife shall advise Husband who shall have the
right to arrange and approve such repairs which shall be made at his expense.
On the date of execution of this Agreement, and contemporaneously
with the first payment under the Series Stock Redemption Agreement, which
payment shall be in the amount of $250,000, Wife shall deliver to Husband a
deed to be prepared by Husband's counsel transferring and conveying to
Husband all of their right, title, claim and interest in and to the real estate
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located at 198 Peyton Road, York, York County, Pennsylvania. Husband
accepts the property in its present "as is" condition. Thereafter, Husband shall
be the sole owner of the real estate and shall be permitted to record the deed
and take any other action with respect thereto that he deems appropriate,
consistent with Wife's continued exclusive possession of the property until 31
July 1998.
Wife agrees that upon the execution of the deed, Husband shall become
the sole owner of any and all homeowner's policies, title policies and any other
policy of insurance with respect to the real estate and shall be entitled to
receive any payments now or hereafter due under such insurance policies.
2. Kiawah Property:
The parties on October 31, 1997 sold their jointly owned vacation
property at 4928 Green Dolphin Way, Kiawah Island, South Carolina and
realized net sales proceeds of $109,065.21, which were delivered by Wife for
deposit in the escrow account of her counsel. By agreement of the parties and
their counsel, the escrowed proceeds were distributed: $25,000 to Wife as
advanced equitable distribution; $1,130.58 to Husband for moving expenses
incurred for Wife; $14,363 applied to payment of the parties' taxes on the gain
realized upon the sale of Kiowah; and $68,571.63 to Isabel Masland for
placement in an interest bearing short-term investment (Pershing) on behalf of
the parties. The balance in the Pershing account and any interest accrued
thereon is hereby distributed to Wife and shall be delivered to her by Isabel
Masland on request or hereafter held on her sole behalf. This agreement itself
shall constitute sufficient evidence to Pershing and Isabel Masland of Husband's
release to Wife of any interest he may have in these funds and Husband
authorizes them to deliver to Marilyn LeMay immediately upon her request the
sum of $68,571.63 plus any accrued interest thereon.
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3. Wife's New Residence:
In anticipation of hor relocation to the Atlanta area, Wife is in the process
of purchasing a new residence at 1045 Harness Run, Marietta, Cobb County,
Georgia. Husband acknowledges that this residence is Wife's separate pr()~:~v
and has executed simultaneously with this Agreement, the Waiver of Spousal
Interest attached hereto as Exhibit A. Husband waives any interest to this
property and will do nothing to intorfere with the lien or priority of any financing
obtained by Wife In conjunction with her acquisition of the property.
B. Contents of Peyton Road Property:
As of the date of the execution of this Agreement, Husband does set over, t~ansfer
and assign to Wife all of his right, title, claim and interest in and to the furniture, furnishings,
fixtures, goods, appliances, equipment and personal items which she chooses to take with
her to Atlanta. Any items which Wife chooses not to relocate with her to Atlanta and which
Wife leaves at the Peyton Road residence when she relocates, shall become Husband's
property exclusively.
C. Contents of Husband's Residence:
As of the date of the execution of this Agreement, Wife does set over, transfer, and
assign to Husband all of her right, title, claim and interest in and to the furniture, furnishings,
fixtures, goods, appliances, equipment and personal items within Husband's residence.
D. Contents of Kiawah Property:
The parties acknowledge that thcy have previously distributed between them the
furnishings and other contents of the Kiawah Island property previouSly owned by them and
each party waives any further claim to the distribution or division of those items.
E. Vehicles and Boat:
With respect to the motor vehicles and boat owned by the parties, they agree as
follows:
1. Wife shall retain the 1989 Mercedes.
2. Wife shall retain the 1995 GMC Truck.
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3. Husband shall retain the 1992 Harley Davidson Motorcycle.
4. Husband shall retain tha 1977 Hatteras 42' Yacht.
5. All titles and insurance policies will be corrected to reflect the
ownership of each vehicle.
F. Individual Retirement Accounts, Pensions And Employment Benefits:
1. Wife shall retain her Wheat First IRA account with an approximate
balance of $13,603.
2. Husband shall retain his Wheat First IRA account with an approximate
balance of $52,333.
3. Husband shall retain his RG Industries Plofit Sharing with an
approximate value of $157,393.
G. Payments to Wife:
1. Redemption of Treasury Stocks:
Husband is the sole owner of all of the existing shares in RG Industries, a
Pennsylvania business corporation with offices at 258 West Market Street,
York, York County, Pennsylvania.
Husband shall transfer to Wife, or cause the said corporation to issue to
Wife, 3,691,275.17 shares of Class B non-voting stock, which said stock shall
be subject to a Series Stock Redemption Agreement which shall be in the form
attached hereto and marked as Exhibit B. The said Series Stock Redemption
Agreement shall provide for the redemption of the stock transferred or issued to
Wife for the total payment or consideration, without interest, of $550,000,
which shall be paid as follows:
(al 1,677,852.35 shares shall be redeemed
for a payment of $250,000, by certified check
payable to Marilyn J. LeMay, contemporaneously with
the execution and delivery of this agreement and all
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of the agreements referred to herein and
contemplated hereby; Wld
(b) 287,631.83 shares will be redeemed for a
payment of $42,857.14 on the first anniversary of
the redemption provided in sub-paragraph (a) above
and a like number will be redeemed annually
thereafter, on the same anniversary date, for a like
payment, for six /6) consecutive years thereafter until
the total redemption price of $550,000 has been
paid.
Wife shall execute stock certificates, pursuant to the Series Stock Redemption
Agreement, contemporaneously with the execution and delivery of this
agreement and shall cause the stock certificates representing the redeemed
stock to be exchanged for the payments made pursuant to the Series Stock
Redemption Agreement annually. Wife shall not transfer, assign, or encumber
her stock at any time and her stock shall have no voting rights, and shall confer
on Wife no voting or control rights with regard to the said corporation. Further,
the corporation shall have thp. right to accelerate its redemption of the stock
held by Wife and, upon the payment of any sums in addition to, or in advance
of, the schedule set forth above, Wife shall cause to be transferred to the said
corporation one share of the stock held by her for every $0.149 which is paid
to her.
H. Joint Bank and Charge Accounts: All joint bank and charge accounts, credit card
accounts and any other joint accounts shall be terminated and each party shall take those
steps necessary to have the other removed ~s a responsible party from any such account.
I. Property to Wife:
The parties agree that Wife shall own, possess, and enjoy free from any claims of
Husband, the property awarded to her by the terms of this Agreement. Husband hereby
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quitclaims, assigns and conveys to Wife all such property together with any insurance
policies covering that property, and any es.crow accounts relating to that property. This
Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all
rights in such property from Husband to Wife. Specifically, Wife shall retain the furnishings
of the parties' former Kiawah Island vacation home; paintings and other works of art; her
furs and her jewelry, silver, crystal and china.
J. Property to Husband:
The parties agree that Husband shall own, possess, and enjoy free from any claims of
Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims,
assigns and conveys to Husband all such 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 rights in such
property from Wife to Husband. Specifically, Husband shall retain any cash deposits at
Dauphin Deposit Bank, USAA Savings, York Federal and Softail at First Capitol and
marketable securities with an approximate value of $418,925 (less $217,494 margin); stock
options valued at $94,430; sole ownership of RG Industries, Niles Company and FDRM; RG
Investments valued at $85,030 and his jewelry.
K. Miscellaneous Property:
All property not specifically addressed herein shall hereafter be owned by the party to
whom the property is titled, and if untitled, the party in possession. This Agreement shall
constitute a sufficient bill of sale to evidence the transfer of any and all rights in such
property from each to the other.
L. Tax Liability:
The parties believe and agree that the division of property heretofore made by this
Agreement is a non-taxable division of property between co- owners rather than a taxable
sale or exchange of such property. Each party promises not to take any position with respect
to the adjusted basis of the property assigned to him or her with respect to any other issue
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which is inconsistent with the position set forth in the preceding sentence on his or her
Federal or State income tax returns. .'
M. PrIor Distributions to Wife:
Wife acknowledges receipt of the sum of $20,000 from Husband, as part of the
equitable distribution of the marital assets of the parties.
N. Deferred Compensation Plan:
The parties acknowledge that Husband has rights in the York Federal Savings and
Loan Association Deferred Compensation Plan as a result of his services to that company.
Husband has designated Wife as his primary beneficiary under that Plan, in the event of his
death, pursuant to the provisions of Paragraph 9/C) hereof. Husband has designated a trust
created for the benefit of the parties' two sons, Walker and Patrick, as the secondary
beneficiaries under said Plan. Husband agrees that he shall maintain Wife and the trust for
the benefit of the parties' sons as the beneficiaries under said Plan through 11 Mluch 2022.
Otherwise, the benefits due from said Plan, and all right, title, or interest in and to the said
benefits due from said Plan, shall be and remain the sole and separate property of Husband
and Wife does hereby waive, release, and relinquish any and all claim to or interest in the
said Deferred Compensation Plan or any other rights or benefits due therefrom.
8. PAYMENT UPON HUSBAND'S DEATH:
Husband shall maintain, or require his business to maintain, insurance on his life in a
sum of at least $200,000 and shall name the educational trusts for the parties' children to
receive the proceeds of such insurance upon his death at least until each of the children
attain the age of twenty-three (23) or until each of the trusts for the sons has assets worth
$100,000 or more, at which time Husband shall not be required to maintain, or cause his
business to maintain, insurance on his life pursuant to this paragraph. Further, Husband
shall pay all premiums and take all actions necessary to maintain such insurance and shall
not borrow against, encumber, assign, or otherwise reduce the death benefits of said policy
below $200,000 so long as he is obligated, under this paragraph, to maintain such insurance
for the bene/it 0/ his sons.
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9. ALIMONY: Husband shall pay directly to Wife alimony in the amount of $ 7 ,500
per month, commencing on the date of this agreement and on the 12th day of each
consecutive month thereafter for the term of alimony as defined in this paragraph. The
parties shall obtain, by stipulation, an order of the Court of Common Pleas of Cumberland
County, PA, confirming Husband's obligation to make such alimony payments, but the
payments shall be made directly to Wife unless there is a default by Husband. Wife may
notify the Cumberland County Domestic Relations Office that Husband is in default if he is
more than twenty-five (25) days late in any alimony payment and if she has given him at
least ten (10) days' written notice and Husband has failed to cure that default. With regard
to the alimony, the parties further agree as follows:
A. The term of the alimony shall end on 11 March 2022 or upon the
death of Wife should she die prior to that date. The alimony shall not terminate
because of Wife's remarriage or cohabitation.
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B. The term of the alimony from the date of this agreement until 11
March 2007 shall be known herein as the .Pre-Retirement Alimony Obligation."
Husband's lifetime obligation to satisfy the Pre-Retirement Alimony Obligation
shall terminate upon his death but the obligation to make such payments
through 11 March 2007 shall become an obligation of his estate. Husband
represents to Wife that his life is presently insured by a policy, or policies, of
insurance with a face value substantially in excess of $1,000,000, and that RG
Industries, Inc., is the beneficiary of such policy or policies. Husband further
represents that RG Industries, Inc., will, at all times through 11 March 2007,
maintain a sufficient amount of insurance on Husband's life to cover the
balance of payments due under the Pre-Retirement Alimony Obligation. Further,
Husband shall cause RG Industries, Inc., to provide proof of the continuation of
such insurance to Wife on an annual basis at her written request. Husband and
RG Industries, Inc. have entered into a Pre-Retirement Stock Redemption
Agreement effective through 11 March 2007 which requires RG Industries,
Inc., to redeem Husband's stock in such corporation in the event of Husband's
death, to assure that Husband's estate will have sufficient funds with which to
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pay and discharge the Pre-Retirement Alimony Obligation. The parties agree
that the outstanding balance of the Pre-Retirement Alimony Obligation shall
constitute a claim against Husband's Estate, which claim is meant to be a valid
deduction for federal estate tax purposes. The Pre-Retirement Stock
Redemption Agreement shall be in the form attached hereto and marked as
Exhibit C.
C. The term of alimony from 12 March 2007 until 11 March 2022 shall
be known as the "Post-Retirement Alimony Obligation." Husband's lifetime
obligation to satisfy the Post-Retirement Alimony Obligation shall terminate
upon his death but the obligation to make such payments through 11 March
2022 shall be satisfied in the fOllowing manner:
(1) Husband, as a director of York Federal Savings and Loan
Association (York Financial Corporation) has an interest in a
deferred compensation plan to provide him with retirement
benefits, which said plan is funded by life insurance policies
purchased by York Federal for each participant, including Husband.
Husband represents to Wife that his fully-funded and vested
existing interest in the said plan has a present value exceeding
$1,055,985. Husband shall designate Wife, irrevocably, as his
beneficiary to receive all of the payments available under the plan
in the event of his death prior to retirement or during the period he
is eligible to receive the retirement benefits. The designation of
Wife as beneficiary of those death benefits shall satisfy Husband's
Post-Retirement Alimony Obligation should Husband die prior to 11
March 2022. Further, to the extent that the value of the deferred
compensation benefits are includible in Husband's gross estate for
federal estate tax purposes, the outstanding balance of the Post-
Retirement Alimony Obligation shall constitute a claim against
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Husband's Estate which claim is meant to be a valid deduction for
federal estate tax purposes. ,
D. Wife acknowledges that a partial purpose of the alimony payments
to her are for her to provide full and adequate financial and material support for
the parties' two children, who shall live with her. Wife represents,
acknowledges, and agrees that, with such alimony payments from Husband,
and with the other assets and properties given to her by this agreement, she
will be able to adequately and properly support the children and provide for all
of the children's needs which are not expressly assumed by Husband in this
agreement. Except for health insurance to be provided pursuant to Paragraph
12 of this agreement, Wife waives her right to seek, collect, or have from
Husband any further financial or material support for the children, it being her
express intention to support and maintain them solely upon and with the '
alimony and the other assets awarded to her by this agreement. In the event
that Wife or any other person or entity, for any reason or at any time, seeks or
receives from Husband any non-voluntary payment or award of child support or
any other non-voluntary contribution from Husband for the support,
maintenance, or education of the children, the parties agree that Husband's
alimony obligation hereunder shall be reduced by 170 percent of the amount he
pays for such support or maintenance of the children /by way of illustration
only, an award to Wife of such support in the amount of $100 shall reduce
Husband's alimony obligation by $170). Such reduction shall continue so long
as Husband is obligated to make any payments, whether to Wife or any other
person, for or on behalf of the children. Further, Wife shall indemnify and save
harmless Husband from any cost, loss, expense or liability, including reasonable
attorney's fees, caused to him by any party or entity seeking support or
financial or material contribution from Husband to the support, maintenance, or
education of the children.
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E. Except as set forth in sub-paragraph D hereof, the amount of alimony
shall not be subject to modification without the prior written consent of both
parties at any time hereafter.
F. The payments made pursuant to this paragraph shall be treated by
both parties as alimony under the Internal Revenue Code and its various terms
and provisions. Wife shall report the alimony paid to her by Husband as income
and pay tax on it as required by the tax law then in effect and Husband shall be
entitled to deduct the payments from his income in accordance with the tax law
then in effect.
It is hereby understood and agreed by and between the parties hereto that Husband's
agreement for payment of alimony following the date of execution of this Agreement shall
not be affected by any bankruptcy proceeding instituted by or against Husband voluntarily or
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involuntarily, and should not be deemed to constitute or be a dischargeable debt of a
bankruptcy. Husband further warrants that he has not heretofore instituted any proceedings
pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to
him which have been initiated by others.
Wife acknowledges and agree!: that the provisions of this Agreement providing for
alimony to her by her Husband are fair, adequate, and satisfactory to her and are based upon
her actual need, Husband's ability to pay, the duration of the parties' marriage and other
relevant factors which have been taken into consideration by the parties. Although the
approval of this Agreement by a court of competent jurisdiction in connection with this
action in divorce or annulment filed by Husband or Wife shall be deemed an order of the
court and may be enforced as provided in 12 Pa. C.S.A. Section 3701, as amended, this
Agreement, insofar as it pertains only to support for Wife and the payment of alimony
following the entry of a final Decree in Divorce between the parties, may not be modified,
suspcnded, terminated, or reinstated at the instance of request of the Wife or Husband, or
subject to further order of any court upon changed circumstances of the Wife or Husband of
a substantial or continuing nature, or for any reason claimed by Wife or Husband
14
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whatsoever, except in the event that Wife seeks child support from Husband, and then only
to the extent of any child support awarded: Wife hereby accepts the provisions of this
Agreement in lieu of and in full and final settlement and satisfaction of all claims and
demands that she may now or hereafter have against Husband for her support and
maintenance of herself and for alimony, and Husband and Wife further voluntarily and
intelligently waive and relinquish any right to seek a modification, suspension, termination,
reinstitution, or other court order with respect to the terms of this Agreement pertaining to
the payment of support to Wife or the payment of alimony by Husband, except in the event
that Wife seeks child support from Husband, and then only to the extent of any child
support awarded.
1 O. HEALTH INSURANCE:
Husband agrees to continue to provide and pay for Wife's medical and hospitalization
coverage until entry of a final decree in divorce. Thereafter, Wife shall be responsible to
provide such insurance at her own expense. The parties acknowledge that additional health
care coverage may be available to Wife under the COBRA program, following the entry of a
final decree in divorce, and the parties agree that they will cooperate to have that insurance
continue, at Wife's sole expense, if she elects to continue it. Any payments for health
insurance will not be considered alimony and are not included with the income of t~e Wife
within the meaning and intent of Section 71 of the United States Internal Revenue code of
1954 and not deductible from Husband's gross income pursuant to the provisions of Section
215 of the United States Internal Revenue Code of 1954.
11. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES:
Husband and Wife acknowledge and agree that the provisions of this Agreement
providing for the equitable distribution of marital property 01 the parties are fair, adequate
and satisfactory to thcm. Both parties agree to accept the provisions set forth in this
Agreement in Lieu of and in full and final settlement and satisfaction of all claims and
demands that either may now or herealter have against the other for alimony pendente lite,
counsel lees or expenses or any other provision lor their support and maintenance before,
15
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during and after the commencement of the proceedings for divorce or annulment between
the parties. .'
12. CHILD SUPPORT, EDUCATIONAL EXPENSES AND ASSET MANAGEMENT:
The payments to Wife characterized as alimony are intended to be sufficient for her
maintenance and for the support of the parties' minor children, Patrick and Walker.
Additionally, Husband shall maintain health insurance, substantially in the same form and
providing the same coverage and benefits as the insurance he has maintained on them
during the year prior to the date of this agreement, for both children until each shall
complete high school, or, if the children are full-time students in a college or university, until
they attain the age of twenty-three (23) or obtain an undergraduate degree from a college or
university, whichever shall first occur. Wife shall be responsible to pay 100% of the
uninsured medical, hospital, dental, orthodontic, counseling, therapy, or other health-related
expenses incurred for the children.
,
In addition, Husband shall pay, or cause to be paid from the other and separate assets
of the children or from trusts created for their benefit, the costs of tuition and books for the
undergraduate education of the children, to the extent that the cost of tuition and books is
not covered by grants or scholarships. In addition, Husband shall contribute, or cause to be
paid from the other and separate assets of the children or from trusts created for their
benefit, the following allowances toward the total cost of housing and food for the sons
during the time they are enrolled as full-time students in an undergraduate college or similar
educational institution:
Year in School Walker Patrick
1 $2,500 $2,800
2 $2,650 $2,950
3 $2,800 $3,100
4 $3,000 $3,300
Husband shall make such payments directly to the school or institution providing the housing
and food lor the sons or to the son for whom the allowance is to be paid. Wife shall be
16
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responsible for, and shall pay, all other costs for housing, food, clothing, transportation, and
all other expenses incurred by the children.during the time that they are pursuing such
undergraduate education, to include the cost of supporting them during the periods when
they are not in school and paying for their clothing, vacations, and entertainment. The
obligations of the parties shall continue for four years of undergraduate study but shall not
continue after either of the parties' sons attains the age of twenty-three (231.
In the event the parties' sons attend a private middle school or high school, Husband
shall contribute, or shall cause trusts created for the benefit of the children to contribute, the
sum of $7,500 per child per year so long as either of the children is enrolled in such schools
up to the date of their graduation.
In addition, Husband shall contribute, or cause trusts created for the benefit of the
children to contribute, the sum of $7,500 toward the purchase of a motor vehicle for each
of the sons when they attain the age of seventeen (17). Husband and Wife shall/consult
upon the need for and appropriateness of providing a motor vehicle for the children.
Husband, however, shall have the sole discretion to determine whether this contribution is
made at that time and, if it is made, which motor vehicle is purchased with such
contribution.
The parties agree to contribute equally to the cost of a wedding ceremony for each of
the parties' children. The terms of such contribution, including the amount, shall be
determined by the mutual agreement of the parties at the time such wedding ceremony is
planned.
13. INCOME TAX RETURNS:
The parties have heretofore filed joint federal and state tax returns. Both parties agree
that in the event any deficiency or substantial underpayment in federal, state or local income
tax is proposed, or any assessment of an such tax is made against either of them, each will
indemnify and hold harmless the other from and against any loss or liability for any such tax
deficiency or assessment and any loss or liability for any such tax deficiency or assessment
and any interest, penalty and expense incurred in connection therewith. Such tax, interest,
17
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penalty or expense shall be paid solely and entirely by the individual who is finally
determined to be responsible for the actions, misrepresentations or failures to disclose
income resulting in tax liability. Each party avers that no such understatement exists, but
that if such is determined to exist by the appropriate taxing authority, based upon the
inaccurate statement of tax liability by one spouse, of which such innocent spouse is
unaware, the "innocent spouse", as that term is defined in Code Section 6013(e), shall be
entitled to either indemnification or other offset by the spouse liable for the substantial
understatement. The parties shall file jointly in 1997 and separately thereafter.
14. WAIVERS OF CLAIMS AGAINST ESTATES:
Except as herein otherwise provided each party may dispose of his or her property in
any way, and each party hereby waives and relinquishes any and all rights he or she may
now have 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, curtsey, statutory allowance, widow's allowance, right to take
intestacy, right to take against the will of the other, and right to act as administrator or
executor of the other's estate. Each 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 and both
parties will revoke prior wills or testamentary documents.
15. SUBSEQUENT DIVORCE:
On April 2, 1997, Wife at her Cost by her counscl has filed an action for divorce under
3301 (c) of the Divorce Code in the Court of Common Pleas of Cumberland County and
counsel for Husband accepted service on Husband's behalf on April 17, 1997.
Simultaneously with the execution of this Agreement both parties will execute Affidavits of
Consent and Wavier of Notice to enable counsel for Wife to proceed with a no-fault divorce
as Soon as possible, providing counsel for Husband with a duplicate decree.
The parties further agree that each of them shall be responsible for their own
attorney's fees.
18
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The partics shall bc bound by thc terms of this agreement, which shall be incorporated
by rcference into the Divorce Decree, shalL.not be merged in such Decree, but shall in all
respects survive the same and bc furthcr binding as an cnforccable contract, conclusive
upon the parties.
16. CUSTODY.
Husband acknowledges and consents to Wife's relocation with both children in or
around June, 1998 from York, Pennsylvania to Cobb County, near Atlanta, Georgia. The
parties agree to provide for the custody of their minor sons as set out in the Stipulation for
Agrecd Order of Custody, simultaneously executed and attached hereto as Exhibit D, which
both parties agrce may be entered as an Order in the Court of Common Pleas of York
County, Pennsylvania, and/or the court of appropriate jurisdiction in Cobb County, Georgia,
in accordance with thc terms of such stipulation and at the option of either party.
17. BREACH AND ENFORCEMENT:
If either party breaches any provision of this Agreemcnt, the other party shall have the
right at his or her election, to suc for damages for such breach, or seek such other remedies
or relief as may be responsible for payment of legal fces and costs incurred by the other in
cnforcing his or her rights under this Agreement. Rcasonable interest shall be assessed from
the date of breach.
A. This Agreement may be specifically enforced by either Husband or
Wife in Equity, and the parties hereto agree that if an action to cnforce this
Agrcemcnt is brought in Equity by cither party, the other party will make no
objection on the alleged ground of lack of jurisdiction of said Court on the
ground that there is an adcquate rcmedy at law. The parties do not intend or
purport hereby to improperly confer jurisdiction on a Court in Equity by this
Agreemcnt, but they agrec as provided herein for the forum of equity in mutual
recognition of the present state of the law, and in recognition of the general
jurisdiction of Courts in Equity ovcr agreements such as this one.
19
responsible for, and shall pay, all other costs for housing, food, clothing, transportation, and
all other expenses incurred by the children <luring the time that they arc pursuing such
undergraduate education, to include the cost of supporting them during the periods when
they are not in school and paying for their clothing, vacations, and entertainment. The
obligations of the parties shall continue for four years of undergraduate study but shall not
continue after either of the parties' sons attains the age of twenty-three (23).
In the event the parties' sons attend a private middle school or high school, Husband
shall contribute, or shall cause trusts created for the benefit of the children to contribute, the
sum of $7,500 per child per year so long as either of the children is enrolled in such schools
up to the date of their graduation.
In addition, Husband shall contribute, or cause trusts created for the benefit of the
children to contribute, the sum of $7,500 toward the purchase of a motor vehicle for each
of the sons when they attain the age of seventeen (17). Husband and Wife shall/consult
upon the need for and appropriateness of providing a motor vehicle for the children.
Husband, however, shall have the sole discretion to determine whether this contribution is
made at that time and, if it is made, which motor vehicle is purchased with such
contribution.
The parties agree to contribute equally to the cost of a wedding ceremony for each of
the parties' children. The terms of such contribution, including the amount, shall be
determined by the mutual agreement of the parties at the time such wedding ceremony is
planned.
13. INCOME TAX RETURNS:
The parties have heretofore filed joint federal and state tax returns. Both parties agree
that in the event any deficiency or substantial underpaymcnt in federal, state or local income
tax is proposed, or any assessment of an such tax is made against either of them, each will
indemnify and hold harmless the other from and against any loss or liability for any such tax
deficiency or assessment and any loss or liability for any such tax deficiency or assessment
and any interest, penalty and expense incurred in connection therewith. Such tax, interest,
17
.
penalty or expense shall be paid solely and entirely by the individual who is finally
determined to be responsible for the actions, misrepresentations or failures to disclose
income resulting in tax liability. Each party avers that no such understatement exists, but
that if such is determined to exist by the appropriate taxing authority, based upon the
inaccurate statement of tax liability by one spouse, of which such innocent spouse is
unaware, the "innocent spouse", as that term is defined in Code Section 6013(e), shall be
entitled to either indemnification or other offset by the spouse liable for the substantial
understatement. The parties shall file jointly in 1997 and separately thereafter.
14. WAIVERS OF CLAIMS AGAINST ESTATES:
Except as herein otherwise provided each party may dispose of his or her property in
any way, and each party hereby waives and relinquishes any and all rights he or she may
now have 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, curtsey, statutory allowance, widow's allowance, right to take
intestacy, right to take against the will of the other, and right to act as administrator or
executor of the other's estate. Each 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 and both
parties will revoke prior wills or testamentary documents.
15. SUBSEQUENT DIVORCE:
On April 2, 1997, Wife at her cost by her counsel has filed an action for divorce under
3301 (cl of the Divorce Code in the Court of Common Pleas of Cumberland County and
counsel for Husband accepted service on Husband's behalf on April 17, 1997.
Simultaneously with the execution of this Agreement both parties will execute Affidavits of
Consent and Wavier of Notice to enable counsellor Wife to proceed with a no-fault divorce
as soon as possible, providing counsel for Husband with a duplicate decree.
The parties further agree that each of them shall be responsible for their own
attorney's fees.
18
The parties shall be bound by the terms of this agreement, which shall be incorporated
by reference into the Divorce Decree, shall.not be merged in such Decree, but shall in all
respects survive the same and be further binding as an enforceable contract, conclusive
upon the parties.
16. CUSTODY.
Husband acknowledges and consents to Wife's relocation with both children in or
around June, 1998 from York, Pennsylvania to Cobb County, near Atlanta, Georgia. The
parties agree to provide for the custody of their minor sons as set out in the Stipulation for
Agreed Order of Custody, simultaneously executed and attached hereto as Exhibit D, which
both parties agree may be entered as an Order in the Court of Common Pleas of York
County, Pennsylvania, and/or the court of appropriate jurisdiction in Cobb County, Georgia,
in accordance with the terms of such stipulation and at the option of either party.
17. BREACH AND ENFORCEMENT:
If either party breaches any provision of this Agreement, the other party shall have the
right at his or her election, to sue for damages for such breach, or seek such other remedies
or relief as may be responsible for payment of legal fees and costs incurred by the other in
enforcfng his or her rights under this Agreement. Reasonable interest shall be assessed from
the date of breach.
A. This Agreement may be specifically enforced by either Husband or
Wife in Equity, and the parties hereto agree that if an action to enforce this
Agreement is brought in Equity by either party, the other party will make no
objcction on the alleged ground of lack of jurisdiction of said Court on the
ground that therc is an adequate remedy at law. The parties do not intend or
purport hereby to improperly confcr jurisdiction on a Court in Equity by this
Agreement, but they agree as provided herein for the forum of equity in mutual
recognition of the present state of the law, and in recognition of the general
jurisdiction of Courts in Equity over agreements such as this one.
19
B. Notwithstanding anything to the contrary herein, Husband and Wife
may also proceed with an action at low 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 undue
delay.
C. Each party further hereby agrees to pay and to save and hold
harmless the other party from any and all attorney's fees and costs of litigation
that either may sustain, or incur or become liable for, in any way whatsoever,
or shall pay upon, or in terms or provisions of this Agreement by reason of any
of the terms or provisions of this Agreement by reason of which either party
I
shall be obliged to retain or engage counsel to initiate or maintain or defend
proceedings against the other at law or equity or both in any way whatsoever,
provided that the party who seeks to recover such attorney's fees, and costs of
litigation must first be successful in whole or in part, before there would be any
liability for attorney's fees and costs of litigation. It is the specific agreement
and intent or the parties that a breaching or wrongdoing party shall bear the
burden and obligation of any and all costs and expenses and counsel fees
incurred by himself or herself as well as the other party in endeavoring to
protect and enforce his or her rights under this Agreement.
18. ADDITIONAL INSTRUMENT.
Each of the parties shall from time to time, at the request of the other, execute,
acknowledge and deliver to the other party any and all further instruments that may be
reasonably required to give full force and effect to the provisions of this Agreement.
19. VOLUNTARY EXECUTION:
The provisions of this Agreement and their legal effect have been fully explained to
the parties by their respective counsel, and each party acknowledges that the Agreement is
20
fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets
of both parties, and that it is not the result,'of any duress or undue influence. The parties
acknowledge that trey have been furnished with all information relating to the financial
affairs of the other which has been requested by each of them or by their respective
counsel.
20. ENTIRE AGREEMENT:
This Agreement, and the Exhibits attached hereto and agreements signed
contemporaneously herewith, contain the entire understanding of the parties and there are
no representations, warranties, covenants or undertakings other than those expressly set
forth herein. Husband and Wife acknowledge and agree that the provisions of this
Agreement with respect to the distribution and divisions of marital and separate property are
fair, equitable and satisfactory to them based on the length of their marriage and other
,
relevant factors which have been taken into consideration by the parties. Both parties hereby
accept the provisions of this Agreement with respect to the division of property in lieu of
and in full and final settlement and satisfaction of all claims and demands that they may now
have or hereafter have against the other for equitable distribution of their property by and
any court of competent jurisdiction pursuant to 23 Pa. C.S.A. Section 3501 et seq. or any
other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any
right to seek a court ordered determination and distribution of marital property, but nothing
herein contained shall constitute a waiver by either party of any rights to seek the relief of
any court for the purpose of enforcing the provisions of this Agreement.
21. DISCLOSURE:
The parties confirm that they have relied on the completeness and substantial
accuracy of the financial disclosure of the other as an inducement to the execution of this
Agreement. The parties acknowledge that there has been no formal discovery conducted in
their pending divorce action and that neither party as filed an Inventory and Appraisement as
required by the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of
either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce
21
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Code, of any interest owned by the other party in an asset of any nature at any time prior to
the date of execution of this Agreement that was not disclosed to the other party or his or
her counsel prior to the date of the within Agreement is expressly reserved. In the event that
either party, at any time hereafter, discovers such an undisclosed asset, the party shall have
the right to petition the Court of Common Pleas of Cumberland County to m9ke equitable
distribution of said asset. The non-disclosing party shall be responsible for payment of
counsel fees, costs or expenses incurred by the other party in seeking equitable distribution
of said asset.
22. MODIFICATION AND WAIVER:
A modification or waiver of any of the provisions of this Agreement shall be effective
only if made in writing and executed with the same formality as this Agreement. The failure
of either party to insist upon strict performance on any of the provisions of this Agreement
shall not be construed as a waiver of any subsequent default of the same or similar nature.
23. PRIOR AGREEMENT:
It is understood and agreed that any and all property settlement agreements which
mayor have been executed prior to the date and time of this Agreement are null and void
and have no effect.
24. DESCRIPTIVE HEADINGS:
The descriptive headings used herein are for convenience only. They have no effect
whatsoever in determining the rights or obligations of the parties.
25. INDEPENDENT SEPARATE COVENANTS:
It is specifically understood and agreed by and between the parties hereto that each
paragraph hereof shall be deemed to be a separate and independent covenant and
agreement.
26. APPLICABLE LAW:
This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania.
22
27. VOID CLAUSES:
. .
If any term, condition, clause or provision of this Agreement shall be determined or
declared to be void or invalid in law or otherwise, then only that term, condition, clause or
provision shall be stricken from this Agreement and in all other respects this Agreement shall
be valid and continue in full force, effect and operation.
28. AGREEMENT BINDING ON HEIRS:
This Agreement shall be binding and shall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
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Witness
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WAIVER OF SPOUSAL INTEREST
WHEREAS, Marilyn LeMay, has entered into a contract to purchase the
.'
property at 1047 Harness Run, Marietta, Cobb County, Georgia, will take title to it
and simultaneously create a mortgage to a lender to be identified in an amount
exceeding $ , the Husband of Marilyn LeMay a/k/a Marilyn LeMay
Gross, waives any and all right to claim an interest in said premises, specifically
including any matter that would impair the lien or priority of any mortgage being
give to Marilyn LeMay.
IN WITNESS WHEREOF, the said Husband, Randall Alan Gross, has
hereunto set his hand and seal on the day of , 1998.
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WiTNESS:
Randall Alan Gross
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the day of , 1998, before me the
unde'rsigned officer personally appearcd Randall Alan Gross, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the Waiver of
Spousailnterest, and acknowledged that he executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
EXHIBIT "A"
SERIES STOCK REDEMPTION AGREEMENT
TillS AGREEMENT, made this _ day of March, 1998 by and between RG Industries,
Inc. (the "Company"), Randall Alan Gross ("Randy") and Marilyn LeMay Gross ("Marilyn").
WITNESSETH
WHEREAS, Randy and Marilyn were lawfully married on June 29,1974; and
WHEREAS, Randy and Marilyn now live separate and apart from one another and in
connection with proeeedings to dissolve their marriage, have agreed to sellle fully and finally
their respeetive financial and property rights and obligations as between each other pursuant to a
Marital Selllement Agreement (the "Marital Sclllemcnt Agrccment") executcd simultaneously
herewith; and
WHEREAS, Randy is presently the owner of 1,947,500 shares of Class A voting stock
and 19,475,000 shares of Class B non-voting stock in the Company; and
WHEREAS, Paragraph 7(G)(I) of the Marital Scttlcmcnt Agrecment requires Ran~y to
cause to be issued to Marilyn shares of stock having a fair market value of Five Hundred and
Fifty Thousand ($550,000) Dollars which will be subject to redcmption by the Company.
NOW THEREFORE, in considcration of the above and the mutual covenants and
promises set forth hcrein, intending to be legally bound, the parties covcnant, promise and agree
as follows:
I. Upon the execution of the Marital Selllement Agrccment or of this Agreement,
whichever is later, Randy will transfer 3,691,275.17 shares of Class B non-voting stock (the .
"Stock") in the Company to Marilyn. The Company shall immcdiately cause such shares to be
registered in Marilyn's name on the books ofth~ Company and will issue stock certificates to
Marilyn to evidence hcr ownership of snch shares. The parlics agree that as of the date hereof,
the Stock has a fair market value of $0.149 pcr share. All sharcs to be redcemed hcreunder shall
be redeemcd at this priee regardless of the time of the redemption.
2. Simultaneous with the execution of the Martial Selllement Agrcement and the transfcr
of the Stock pursuant to Paragraph I above, the Company shall purchasc and Marilyn shall scll
1,617,852.35 shares of the Stock for the aggregatc price of Two Hundrcd Fifty Thousand
($250,000) Dollars.
3. The remaining 2,013,422.82 sharcs of the Stock shall bc rcdccmcd by the Company
ovcr a pcriod of scven (7) ycars in a scrics of scvcn (7) rcdcmptions, cach to bc at the purchasc
price of $0.149 pcr sharc commcncing Wilh thc first annivcrsary oflhe first rcdcmption of stock
undcr paragraph 2 and continuing ovcr the ncxt six (6) ycars on cach subscqucnt annivcrsary.
. .. 'Exhibit' ,
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4. Upon each subsequcnt rcdcmption datc thc Company shall purchasc and Marilyn shall
sc1l287,631.83 sharcs ofthc Stock at a pricc of$0.149 for Ihc aggrcgatc purchasc pricc of Forty
Two Thousand, Eight Hundrcd Fifty Scvcn and 14/100 ($42,857.14) Dollars.
5. TIlc Company's obligation to rcdccln thc Stock shall survivc thc dcath of Randy. At
any timc, thc Company shall havc thc option to rcdccm all or a portion of thc balancc of thc
Stock, before thc datc set for such rcdcmption, without pcnalty.
6. In thc evcnt that Randy should transfcr or scll morc than half of his stock in thc
Company, Marilyn shall havc thc option to rcquirc thc Company to rcdccm all or a portion ofthc
balancc ofthc Stock, beforc thc datc sct for such rcdcmption, without pcnalty.
7. Upon each redcmption hcrcundcr, thc pricc to bc paid by thc Company for such
rcdccmcd shares shall be paid in cash to Marilyn upon thc date ofthc rcdcmption.
8. At thc timc of the rcdcmption, Marilyn shall dclivcr to thc Company thc stock
ccrtificatcs for thc shares bcing rcdccmcd, frcc and clcar of all cncumbranccs of any kind
whatsocvcr, togcther with duly cxccutcd stock powcrs, signcd in blank, or such othcr
assignments in fonn and substancc satisfactory to thc Company.
9. TIIC Company rcprcscnts and warrants to Marilyn that:
(a) TIlc Company has all thc rcquisite power to entcr into this Agrccmcnt and
will havc at cach rcdcmption date all requisitc power to redcem thc subjcct
shares and to carry out and pcrfonn the Company's obligations under the
tenns of this Agrecmcnt. This Agreemcnt is a valid and binding
obligation ofthc Company and is enforccable in accordance with its tenns,
subjcct to applicable bankruptcy, insolvency, reorganization, and
moratorium laws and othcr laws of general application affccting
enforccmcnt of crcditors rights gcnerally and principles of cquity.
(b) TIIC Company maintains sufficicnt insurance upon Randy'slifc to ensure
that thc redcmptions set forth hcrcin can be made in thc cvcnt of Randy's
death. Furthcr, thc Company will maintain a sufficicnt amount of
insurance on Randy's Iifc to fund its rcdemption obligations hcreunder
until thc tennination of this Agrccmcnt.
(c) Thcre are no actions or procccdings pcnding or threatcncd by or against
thc Company which would cffcct thc transactions contcmplatcd hcreby.
(d) Ncithcr thc exccution and dclivcry of this Agrccment nor thc
consummation of transactions sct forth hcrcin would constitutc a breach or
dcfault undcr any outstanding indebtcdness or any matcrial contract or
instrumcnt to which thc Company is a party.
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(e) None ofthe representations and warranties made herein by the Company
contain nny untrue statement of a material fact or omit to statc a material
fact necessary in order to make thc statements contained herein not
misleading, and all of the reprc~entations and warranties contained hercin
by the Company will also be true as of each redemption date with the
same cffect as if made as of such time.
10. Thc obligations ofthc Company and Randy under this Agrcement arc exprcssly
contingent upon thc cxecution by Marilyn of the Marital Sclllement Agreemcnt and thc
adherencc by Marilyn to the tcnus set forth thercin. 1111s Agreement shall bc binding upon and
inure to thc benefit ofthe rcspective personal representatives, suecessors and assigns of the
parties hereto. This Agreemcnt may only be amended by a wrillen agreement executed by all of
the parties hereto.
II. ll1is Agreement has been exccutcd in the Commonwealth of Pennsylvania nnd shall
be eonstrued in all respects in accordance with the laws of the Commonwealth ofPennsylvnnia.
12. Randy, Marilyn and the Company agree that he, she and it will from time to time,
upon reasonable request ofthe other parties hereto, take further action as the other(s) may
reasonably rcquest to carry out the transactions contemplated by this Agreement.
13. No delay or failure by any party to exercise any right under this Agreement nnd no
partial or single cxcuse of that right, shall constitute a waiver of that or any other right, unless
otherwise expressly provided hercin.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the day and ycar first above wrillen.
Attest:
RG INDUSTRIES, INC.
By:
Samuel L. Andes, Counsel for Randy
Randall Alan Gross
Edward J. Weintraub, Counsel for Marilyn
Marilyn LeMay Gross
IiOG1; Mull.ugh, Eliz.beth; 62411.'
. .
PRE-RETIREMENT STOCK REDEMPTION AGREEMENT
TillS AGREEMENT, madc this _ day of March, 1998 by and bctwccn RG Industrics,
Inc. (thc "Company") and Randall Alan Gross ("Randy").
WITNESSETII
WHEREAS, Randy is prcscntly thc owncr of I ,947,500 sharcs of Class A voting stock
and 19,475,000 sharcs of Class B non-voting stock in thc Company; and
WHEREAS, pursuant to thc Marital Sclllcmcnt Agrccmcnt bctwccn Randy and Marilyn
LcMay Gross, Randy is obligatcd to makc annual alimony paymcnts to Marilyn LcMay Gross in
thc amount ofNincty 1110usand ($90,000.00) Dollars until Randy rcaches age sixty-fivc (65)
(this obligation shall bc known as thc "Prc-Rctircmcnt Alimony Obligation"); and
WHEREAS, Randy is obligatcd to providc funding in ordcr to satisfy thc Prc-Rctircmcnt
Alimony Obligation in thc evcnt that hc should dic bcforc rcaching thc agc of sixty-fivc (65); and
WHEREAS, Randy and thc Company wish to cntcr into an agrccmcnt whcrcby tho
Company agrccs to purchasc and Randy agrccs thatthc pcrsonal rcprcscntativc of his cstatc will
scll such amounts of stock in thc Company as arc ncccssary for Randy's Estatc to fulfill thc Prc-
Rctircmcnt Alimony Obligation.
NOW THEREFORE, in considcration ofthc abovc and thc mutual covcnants and
promiscs sct forth hcrein, intcndingto bc Icgally bound, thc partics covcnant, promisc and agrcc
as follows:
I. If Randy dics prior to rcaching agc sixty-fivc (65), as soon as practicablc aftcr Ran~y's
death, thc Company shall purchasc and thc pcrsonal rcprcscntativc of Randy's Estatc shall scll
that numbcr of sharcs of Class B non-voting stock in thc Company owncd by Randy (thc
"Stock"), which, valucd as provided under thc terms of Paragraph 2 hercin, shall equal in price
thc unpaid balancc of thc Pre-Rctircmcnt Alimony Obligation.
2. For purposcs of determining thc number of sharcs rcdeemablc undcr thc abovc
paragraph, thc Stock shall be valucd at its fair markct value, dctcrmincd as of thc datc of Randy's
death by thc certified public accounting finu nonnally used by the Company to prcpare financial
statements and reports.
3. For purposes of determining the amount ofthc unpaid balance ofthc Prc-Rctircment
Alimony Obligation, thc total of the alimony payments madc by Randy as of the date of his death
shall be deducted from thc total paymcnts rcquircd to be made by Randy prior to his rcaching age
sixty-fivc (65) undcr thc Marital Scttlement Agrccment.
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4, The price to be paid by the Company for the rcdccmcd shares shall be paid in cash to
the pcrsonal representative of Randy's Estate upon the datc of the redcmption.
S. At the time of the redemption, the pcrsonal rcprcsentative ofRandy's Estate shall
dclivcr to the Company thc stock certilicates for the shares bcing redeemed, free and clear of all
encumbrances of any kind whatsoever, together with duly executed stock powers, signed in
blank, or such other assignments in form and substance satisfactory to the Company. Prior to the
redcmption, the Company agrees to advance funds to Randy's est3te sufficicnt to pay such of the
Prc-Retircment Alimony os becomes due.
6. The Company rcpresents and warrants to Randy that:
(a) TIle Company has 011 the requisite powcr to entcr into this Agrccment and
will have at each rcdemption date 011 requisite power to rcdccm the subject
shares and to carry out and perform the Company's obligations under the
tenns of this Agrcement. This Agreement is 0 valid and binding
obligation of the Company and is enforccable in accordance with its tcnns,
subject to applicable bankruptcy, insolvcncy, reorganization, and
moratorium laws and other laws of gencral application affccting
enforccment of creditors rights gcnerally and principles of equity.
(b) The Company maintains sufficient insurance upon Randy'slife'to ensure
that the redcmptions set forth hcrein can bc made in the evcnt of Randy's
death. Furthcr, the Company will maintain 0 sufficient amount of
insurance on Randy's life for as long as neccssary to fund its obligations
under the tenns of this Agreement.
(c) There ore no actions or proceedings pending or threatcned by or against
the Company which would effect the transactions contemplatcd hereby.
(d) Neither the execution and delivery of this Agreement nor the
consummation of transactions set forth herein would constitute a breach or
default under any outstanding indebtedness or any material contract or
instrument to which the Company is a party.
(e) None of the representations and warranties made hercin by thc Company
contain any untrue statemcnt of a material fact or omit to statc a material
fact ncccssary in order to make the statemcnts containcd hcrcin not
mislcading, and all of thc reprcsentations and warranties contained herein
by the Company will also bc truc as of cach redcmption dale with thc
same effect as if madc as of such timc.
7. The obligations of the Company and Randy undcr this Agreement arc expressly
conlingcnt upon the exccution by Marilyn LeMay Gross of the Marital Settlemcnt Agrecment
and thc adhercnce by Marilyn to the tcnns sct forth thcrein. This Agrccment shall be binding
upon and inure to the benelit of the respective personal rcprcscntativcs, successors and assigns of
. .
. ,
.
.
.
MARILYN LEMAY GROSS,
Plaintiff
)
.' )
)
)
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)
IN THE COURT OF COMMON
PLEAS OF YORK COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
RANDALL ALAN GROSS,
Defendant
NO.
IN CUSTODY
STIPULATION FOR AN AGREED ORDER OF CUSTODY
AND NOW, the parties, by and through their attorneys, stipulate and agree as follows:
I. LEGAL CUSTODY
1. The parties hereby agree to share legal custody of their minor children Walker
Michael Gross, born December 23, 1983, and Patrick Randall Gross, born March 15, 1986.
All decisions affecting the children's growth and development including, but not limited to:
medical or like treatment; decisions relating to actual or potential litigation involving the
children, directly or as beneficiary, other than custody litigation; education, both secular and
religious; shall be considered major decisions and shall be made by the parents jointly, after
discussion and consultation with each other and with a view towards obtaining and
following a harmonious policy in the children's best interest. Father acknowledges and
consents to Mother's intention to relocate with the children from York County, Pennsylvania,
to Cobb City, Georgia, near Atlanta, in or around June, 1998.
2. Each party agrees to keep the other informed of the progress of the children's
education and social adjustments. Each party agrees not to impair the other party's right to
shared legal or physical custody of the children. Each party agrees to give support to the
other in the role as parent and to take into account the consensus of the other for the
physical and emotional well being of the children.
3, While in the presence of thc children, neither parent shall make or permit any other
person to make, any remarks or do anything which could in any way be construed as
derogatory or uncomplimentary to the other parent. It shall be the express duty of each
parent to uphold the other parent as one whom the children should respect and love.
1
, ,Exhibit, . '
D
4. It shall be the obligation of each parent to make the children available to the other
in accordance with the physical custody schedule and to encourage her to participate in the
plan hereby agreed and ordered.
5. Each parent shall have the duty to notify the other of any event or activity that
could reasonably be expected to be of significant concern to the other parent.
6. The parents shall communicate directly with one another concerning any parenting
issue requiring consultation and agreement and regarding any proposed modifications to the
physical custody schedule, which may from time to time become necessary, and shall
specifically not u,se the children as messengers. Furthermore, neither parent shall discuss
with the children any proposed changes to the physical custody schedule, or any other issue
requiring consultation and agreement, prior to discussing the matter and reaching an
agreement with the other parent.
7. With regard to any cmergency decisions which must be made, the parert with
whom the children are physically residing at the time shall be permitted to make the decision
necessitated by the emergency without consulting the other parent in advance. However,
that parent shall inform the other of the emergency and consult with him/her as soon as
possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent
having physical custody at the time.
8. Each parent shall be entitled to complete and full information from any doctor,
dentist, teacher or authority and have copies of any reports given to them as a parent. Such
documents include, but are not limited to, medical reports, academic and school report
cards, birth certificates, etc. Both parents may attend school activities. It will be Mothcr's
responsibility to provide Father with copies of rcport cards and all notifications of major
school events.
9. Neither parent shall schedule activities or appointments for the childrcn which
would require their attcndance or participation at said activity or appointment during a time
when they are scheduled to be in the physical custody of the other parent without that
parent's express prior approval.
10. Neither party shall enroll the children in public or private school, or change such
enrollment without the prior consent 01 the other party, which both partics agree will not be
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VB.
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
. ,
· NO. q7 - /706 cw.;l T~'
MARILYN LeMAY GROSS,
Plaintiff
.
RANDALL ALAN GROSS
Defendant
· CIVIL ACTION - LAW
· IN DIVORCE
NOTICE To DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take prompt action. You are warned
that if you fail to do so, the case may proceed without you and a decree of divorce or
annulment may be entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these papers by the Plaintiff. You
may lose money or property or other rights important to you, 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, Cumberland County Court House, 1
Courthouse Square, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
MARILYN LeMAY GROSS,
Plaintiff
vs.
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
.
· NO. q7-l7o~ &t't.J-rU1'~
.
RANDALL ALAN GROSS
Defendant
· CIVIL ACTION - LAW
· IN DIVORCE
COMPLAINT UNDER g3301
OF THE DIVORCE CODE
1. Plaintiff is Marilyn LeMay Gross, who currently resides at 198 Peyton
Road, York County, York, Pennsylvania.
2. Defendant is Randall Alan Gross, who currently resides at 1 32 Oak
Ridge Drive, York County, York, Pennsylvania.
3. Plaintiff has been a bona fide resident of the Commonwealth of
Pennsylvania for a period of more than six (6) months immediately preceding the filing
of this Complaint.
4. The Parties were married on June 29, 1974 in Atlanta, Georgia.
5. Neither Plaintiff nor Defendant is in the military or naval service 01 the
United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief
Act of the Congress of 1940 and its amendments.
6. There has been no prior action for divorce or annulment instituted by
either of the parties in this or any other jurisdiction.
7. The Plaintiff has been advised that counseling is available and that
Plaintiff may have the right to request that the Court require the parties to participate
in counseling.
COUNT I.
REQUEST FOR A No-FAULT DIVORCE
UNDER ~3301 Ie) OF THE DIVORCE CODE
8. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
9. The marriage of the parties is irretrievably broken.
10. After ninoty (901 days have elapsed from the date of the filing of this
Complaint, Plaintiff Intonds to lilo un affidavit consenting to a divorce. Plaintiff
believes thot Delendant Illay ulso lilo such an affidavit.
WHEREFORE, If both Parties Iilo affidavits consenting to a divorce after
ninety (901 days have elapsed from the date of the filing of this Complaint, Plaintiff
respectfully requests the Court to ontor a Decree of Divorce pursuant to Section
3301 (c) of the Divorce Code.
COUNT II.
REQUEST FOR A No-FAULT DIVORCE
UNDER ~3301(dl OF THE DIVORCE CODE
11. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
12. The marriage 01 the Parties is irretrievably broken.
13. The parties are living separate and apart and at the appropriate time,
Plaintiff will submit an affidovit alleging that the Parties have lived separate and apart
for at least two yoars os spocified in Section 3301 (d) of the Divorce Code.
COUNT III.
REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER ~3323, ~3501, ~3502 and ~3503
OF THE DIVORCE CODE
14. The prior paragraphs of this Complaint are incorporated herein by
releronce thereto.
15. Plaintiff requests the Court to equitably divide, distribute or assign
the martial property between the parties without regard to marital misconduct in such
proportion as the Court deems just after consideration of all relevant factors.
WHEREFORE, Plaintiff respectfully requests the Court to enter an order of
equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and
3503 of the Divorce Code.
21. Plaintiff knows of no person not a party to these proceedings who
has physical cuntody 01 tho children or who claims to have custody, partial custody
or visitation rlohts with rospect to the children.
22. The best Intorests of the children will be served if custody of them
Is conflrmod In Plaintiff.
WHEREFORE, Plaintiff respectfuily requests that, pursuant to g g
3104(01(2) and 3323(b) of the Divorce Code, the Court enter an Order confirming
cuntody of tho childron In Plaintiff.
COUNT IV.
REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY
DESIGNATIONS OF EXISTING POLICIES INSURING
LIFE AND HEALTH OF BOTH PARTIES
UNDER g3502(d) OF THE DIVORCE CODE
23. The prior paragraphs of this Complaint are incorporated herein by
roforanco thereto.
24. During the course of the marriage, Defendant has maintained certain
hoalth, life and death insurance policies for the benefit of Plaintiff and Defendant.
25. Pursuant to Section 3502(d). Plaintiff requests Defendant be directed
to continue maintenance of said policies.
WHEREFORE, Plaintiff respectfully requests that, pursuant to Section
3602(dl of the Divorce Code, the Court enter an order directing Defendant to continue
to mointain certain life and health insurance policies for the benefit of Plaintiff and
Defendant.
I
I
COUNT V.
REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY
PENDENTE LITE AND ALIMONY
UNDER ~3701, ~3702 and ~3704 OF THE DIVORCE CODE
26. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
27. Plaintiff is unable to sustain herself during the course of litigation.
28. Plaintiff lacks sufficient property to provide for her reasonable needs
and is unable to sustain herself through appropriate employment.
29. Plaintiff requests the Court to enter an award of spousal support
and/or alimony pendente lite until final hearing and thereupon to enter an order of
alimony in her favor pursuant to Sections 3704 of the Divorce Code.
WHEREFORE, Plaintiff respectfully requests the Court to enter an award
of spousal support and/or alimony pendente lite until final hearing and thereupon to
enter an order of alimony in her favor pursuant to Sections 3701, 3702 and 3704 of
the Divorce code.
COUNT VI.
REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES
UNDER ~3702 OF THE DIVORCE CODE
30. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
31. Plaintiff has employed Edward J. Weintraub, Esquire, to represent
her in this matrimonial cause.
32. Plaintiff is unable to pay his counsel fees, costs and expenses and
Defendant is more than able to pay them.
33. Defendant is employed and has the ability to pay Plaintiff's counsel
fees, costs and expenses.
34. Reserving the right to apply to the Court for temporary counsel fees,
costs and expenses prior to final hearing, Plaintiff requests that, after final hearing, the
Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses.
WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections
3702 of the Divorce Code, the Court enter an order directing Defendant to pay
Plaintiff's reasonable counsel fees, costs and expenses.
35. The prior paragraphs of this Complaint are incorporated herein by
COUNT VII.
REQUEST FOR ApPROVAL OF ANY SETTLEMENT AGREEMENT
AND INCORPORATION THEREOF IN DIVORCE DECREE
UNDER SECTION 3104
OF THE DIVORCE CODE
reference thereto.
36. The public policy of the Commonwealth of Pennsylvania
encourages parties to a marital dispute to negotiate a settlement of their differences.
37. While no settlement has been reached as of the date of the filing
of this Complaint, Plaintiff is and has always been willing to negotiate a fair and
reasonable settlement of all matters with Defendant.
38. To the extent that a written settlement agreement might be entered
into between the parties prior to the time of hearing on this Complaint, Plaintiff desires
that such written agreement be approved by the Court and incorporated in any divorce
decree which may be entered dissolving the marriage between the parties.
WHEREFORE, if a written settlement agreement is reached between the
Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests
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MARILYN LeMAY GROSS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-1706 CIVIL TERM
v.
CIVIL ACTION .. LAW
RANDALL ALAN GROSS,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code
was filed on April 2, 1997.
2. The marriage of Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final decree in 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. Section 4904 relating to unsworn falsification to authorities.
Date: -3' (/. (1:1'
~ 'J\ (
? /((.;;-J' nl.'v1!/)Y
Mar yn LeMay Gross),')
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-1706 CIVIL TERM
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MARILYN LeMAY GROSS,
v.
CIVIL ACTION -- LAW
RANDALL ALAN GROSS,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (e)
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.
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
.--' ')
, .
Date: 0.q . c-U
MARILYN LeMAY GROSS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-1706 CIVIL TERM
v.
CIVIL ACTION -- LAW
RANDALL ALAN GROSS,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code
was filed on April 2, 1997.
2. The marriage of Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final decree in divorce after service of
notice of intention to request entry of the decree.
I verify that the statements mada in this affidavit are true and correct.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date: />4.:1.cc# ~ 1998
-)
'/-
;;:J~//
and all Alan Gross
MARILYN LeMAY GROSS,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 97-1706 CIVIL TERM
RANDALL ALAN GROSS,
CIVIL ACTION -- LAW
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301lcl
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.
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date: M.Qec~ 9, /97'8
c:2t
MARILYN LeMAY GROSS,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 97-1706 CIVIL TERM
v.
CIVIL ACTION -- LAW
RANDALL ALAN GROSS,
Defendant
IN DIVORCE
ELECTION TO RESUME PRIOR NAME
I, Marilyn LeMay Gross, do hereby elect to resume my prior name, to wit:
Marilyn Joyce LeMay. I have been divorced from my former husband by Decree in the
Court of Common Pleas of Cumberland County, Pennsylvania, entered to the above
number and term on March 18, 1998 and give this written notice avowing my
intention in accordance with the provisions of the DIVORCE CODE, Act No. 1980-26
Section 702.
k~~~
Sworn to and subscribed
befor)e mil this (/11/ day
of {,( f L..J , 1998.
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