HomeMy WebLinkAbout01-03675
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
32.nV~Jl 2-1
MICHAEL P. RADICH
AND NOW,
DECREED THAT
AND
PENNA.
No.
01-3675
DECREE IN
DIVORCE
2003 , IT [S ORDERED AND
, PLAINTIFF,
LESLIE A. RADICH
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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;
. .
.
NONE
J.
ATTES
ROTHONOTARY
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MICHAEL P. RADICH,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 01-3675
LESLIE A. RADICH,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
o THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a divorce
ecree:
1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c).
2. Date and manner of service of the Complaint: Acceptance of Service filed bv Plaintiff's
ounsel indicatin service on or about 2 Jul 2001.
3. Complete either Paragraph (a) or (b):
(a) Date of execution of the Affidavit of Consent required by Section 3301 (c)
of the Divorce Code: By Plaintiff: 2 Januarv 2003 By Defendant: 24 December 2002
(b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the
Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit
upon the Respondent:
4. Related claims pending:
None.
5. Complete either (a) or (b):
(a) Date and manner of service of the Notice of Intention to File Praecipe to
Transmit Record, a copy of which is attached:
(b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with
the Prothonotary: Dated 2 Januarv 2003, filed contemporaneouslv herewith. Date
Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the
Prothonotary: Dated 24 December 2003. filed contemporaneouslv herewith.
Date:
2.3 \)~~~l
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Attorney for Plaintiff
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MICHAEL P. RADICH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 3675 CIVIL
LESLIE A. RADICH,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
1'-/71....
day Ofr"'vrr'
the proce aings having
2003, the economic claims raised in
been resolved in accordance with a property settlement
agreement dated December 24, 2002, the appointment of the
Master is vacated and counsel can file a praecipe
transmitting the record to the Court requesting a final
decree in divorce.
BY THE COURT,
Geo
cc:
~amuel L. Andes
Attorney for Plaintiff
,/ P. Richard Wagner
Attorney for Defendant
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PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 24 day of ~~
between:
MICHAEL P. RADICH of 6 Pamela Place in Mechanicsburg, Pennsylvania,
hereinafter referred to as "Husband"; and
LESLIE ANN RADICH of 1137 Franklin Street in Carlisle, Pennsylvania, hereinafter
referred to as "Wife."
, 2002, is by and
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been married on 17
January 1980 and are the parents of two children, both of whom are now adults: Amy R.
Radich, born 25 May 1982, and Kristen L. Radich, born 8 December 1983 (hereinafter
referred to as "children"); and
WHEREAS, certain difficulties have arisen between the parties hereto which have
made them desirous of living separate and apart from one another and Husband has
initiated an action in divorce filed to No. 01-3675 Civil Term before the Court of Common
Pleas of Cumberland County, Pennsylvania;
WHEREAS, the parties hereto, Wife being represented by P. Richard Wagner,
Esquire, and Husband by Samuel L. Andes, Esquire, have each exchanged full and
complete information as to the property, assets, and liabilities owned and owed by each
and have disclosed to each other and to their respective attorneys full information as to
the financial status of both parties hereto; and
WHEREAS, the parties hereto have mutually entered into an agreement for the
division of their assets, the provision for the liabilities they owe, and provision for the
resolution of their mutual differences, after both parties have had full and ample
opportunity to consult with their respective attorneys, and the parties now wish to have
that agreement reduced to writing.
NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the
I mutually made and to be kept promises set forth hereinafter, and for other good and
\1 valuable considerations, and intending to be legally bound and to legally bind their heirs,
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Ii successors, assigns, and personal representatives, do hereby covenant, promise, and
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agree as follows:
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1. PAYMENT TO KRISTEN. The parties acknowledge that Husband has, as of the
date of the execution of this Agreement, paid and delivered to Kristen the sum of One
Thousand ($1,000.00) Dollars. Further, the parties agree that Husband will pay and
deliver to Kristen the additional sum of Two Thousand ($2,000.00) Dollars, upon
execution of this Agreement. These payments are intended to assist Kristen in paying her
personal expenses, including the down payment for the purchase of a motor vehicle to be
selected by Kristen.
2. CASH PAYMENT TO WIFE. Husband shall pay to Wife, as part of the equitable
distribution of the marital assets of the parties, the sum of Twenty Thousand
($20,000.00) Dollars. Such payment shall be made to Wife on or before the first day of
January 2003.
3. REAL ESTATE. Wife shall convey to Husband, by Special Warranty Deed, the
property owned jointly by the parties at 6 Pamela Place in Mechanicsburg, Cumberland
County, Pennsylvania, subject to the mortgage which encumbers the property. Wife shall
deliver such Deed to Husband or his designee contemporaneously with the payment of
Twenty Thousand ($20,000.00) Dollars made to Wife pursuant to Paragraph 2 hereof
and, with the delivery of such Deed, Wife shall have no further interest in or claim to the
property. Husband shall pay, in accordance with its terms, the debt secured by the
mortgage against the property together with any and all expenses, charges, and
assessments arising out of his ownership or occupancy of the property from the date of
this agreement forward and shall further indemnify Wife and save her harmless from any
loss, cost, or expense caused to her by his failure to make such payments in a timely and
proper fashion.
4. RETIREMENT ASSETS. The parties acknowledge that Husband, as a result of
his employment by the federal government, has a retirement or pension benefit and an
account within the thrift savings plan for federal employees. The parties acknowledge
that, as a result of her employment during the marriage by Dickinson College and other
employers, Wife has a retirement account with TIAA CREF. Each of the parties does
hereby waive, release, and relinquish any claim to or interest in the pension, retirement
account, or other retirement benefits held by or for the benefit of the other and does
confirm those assets to the sole and separate property of the other party free of any
1'1 further claim from them.
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5. MOTOR VEHICLES. The parties agree that they will divide, distribute, and
otherwise dispose of the motor vehicles owned by them, and any debt associated with
those vehicles, as follows:
A. Husband shall transfer to Wife's name alone the 1996 Chevrolet
Lumina automobile currently held in both names.
B. Wife will waive any claim to or interest in Husband's 1996 Honda
van.
C. The parties will transfer to their daughter Amy the 1980 Volvo
240 automobile which she uses.
D. The parties will transfer title of the 1981 Volkswagon Jetta
automobile formerly used by Kristen to Kristen so that she may dispose of
such vehicle and remove it from the marital residence within thirty (30) days
of the date of this Agreement.
The parties shall make, execute, acknowledge and deliver motor vehicle titles and other
documents as may be necessary to transfer the titles to the above vehicles in accordance
with this paragraph. Each of the parties will pay, in accordance with their terms, any debt
which encumbers the title to the vehicle they are receiving and shall indemnify the other
against any claim, loss, or expense caused to them by their failure to do so.
6. PERSONAL PROPERTY. Wife shall transfer to Husband the 357 Magnum Pistol
which is registered in her name and that will be the sole and separate property of
Husband hereafter. Wife shall have, from the marital residence, those items of personal
property listed on Schedule A which is attached hereto and the parties daughter Kristen
will pick them up from the residence and deliver them to Wife within thirty (30) days of
the date of this Agreement. Otherwise, the parties hereto mutually agree that they have
effected a satisfactory division of the furniture, household furnishings, appliances, and
other household and personal property between them and they mutually agree that each
party shall, from and after the date hereof, be the sole and separate owner of all such
I: tangible personal property presently in his or her possession, whether said property was
Ii heretofore owned jointly or individually by the parties hereto, and this agreement shall
II have the effect of an assignment or receipt from each party to the other for such property
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I! as may be in the individual possessions of each of the parties hereto, the effective date 0
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II said bill of sale to be contemporaneous with the date of the execution of this Agreement.
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7. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each
of them have had a full and ample opportunity to consult with counsel of their choice
i regarding their claims arising out of the marriage and divorce and that they have
specifically reviewed their rights to the equitable distribution of marital property, including
rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the
right to have the court review the assets and claims of the parties and decide them as
part of the divorce action. Being aware of those rights, and being aware of the marital
property owned by each of the parties, the parties hereto, in consideration of the other
terms and provisions of this agreement, do hereby waive, release and quitclaim any
further right to have a court or any other tribunal equitably distribute or divide their marital
property and do hereby further waive, release and quitclaim any and all claim against or
interest in assets now currently in the possession or held in the name of the other, it
being their intention to accept the terms and provisions of this agreement in full
satisfaction of all of their claims to the marital property of the parties and the equitable
distribution of the same.
8. WAIVER OF ALIMONY. SUPPORT AND ALIMONY PENDENTE LITE. The
parties acknowledge that they are aware of the income, education, income potential, and
assets and holdings of the other or have had full and ample opportunity to become familiar
with such items. Both parties acknowledge that they are able to support and maintain
themselves comfortably, without contribution from the other beyond that as provided for
in this Property Settlement Agreement, upon the income and assets owned by each of
them. The parties hereby accept the mutual covenants and terms of this Agreement and
the benefits and properties passed to them hereunder in lieu of any and all further rights
to support or alimony for themself, counsel fees, and alimony pendente lite at this time
and during any and all further or future actions of divorce brought by either of the parties
hereto and the parties do hereby remise, release, quit claim, and relinquish forever any
I and all right to support, alimony, alimony pendente lite, counsel fees and expenses
I beyond those provided for herein, during the pendency of or as a result of any such
I actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute,
I at this time and at any time in the future.
II 9. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights
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Ii in the estate of Wife and Wife releases her inchoate intestate rights in the estate of
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Husband, and 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, of any and all claims, demands, damages, actions, causes of
action or suits of law or in equity, of whatsoever kind or nature, for or because of any
matter or thing done, omitted, or suffered to be done by such other party prior to the date
hereof; except that this release shall in no way exonerate or discharge either party hereto
from the obligations and promises made and imposed by reason of this agreement and
shall in no way affect any cause of action in absolute divorce which either party may have
against the other.
10. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent
to the other than neither of them has incurred any debts in the name of the other not
previously disclosed or provided for in this agreement. Each of the parties hereby
represents to the other that neither one of them have incurred or contracted for debts in
the name of the other or for which the other is or would be legally liable from and after
the date of the parties' separation. Both parties hereto mutually agree and promise that
neither will contract or otherwise incur debts in the other's or joint names without the
prior permission and consent of the other party hereto. Both parties hereto represent and
warrant to the other party that they have not so contracted any debts unbeknownst to
the other up to the time and date of this Agreement.
11. NO INTERFERENCE. The parties both agree that neither of them shall contact,
come to the home or residence of, come to the place of employment of, or otherwise
attempt any unwanted contact with the other party at any time after the date of this
agreement. In the event that the parties wish to communicate, they will do so in writing,
bye-mail or by telephone and will not have any personal, face-to-face contact, or attempt
to have any such contact, without the prior consent of the other party.
12. CONCLUSION OF DIVORCE. The parties acknowledge that this agreement is
made in contemplation of the conclusion by both of them of an action in divorce which
I has been filed or will be filed shortly by one of the parties hereto. Both of the parties
I hereto agree that they shall, contemporaneously with the execution of this agreement,
II execute and deliver to Husband's attorney an Affidavit of Consent under Section 3301 (c)
'I of the Divorce Code, Gonsenting to the entry of a final decree in divorce, and a Waiver of
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further notice for the entry of such decree. Both parties agree that they shall accept the
terms and provisions of this agreement in full satisfaction of any claims they may have
under the Divorce Code of the Commonwealth of Pennsylvania, including, but not limited
to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like.
13. RELEASE. The parties acknowledge that the purpose of this agreement is to
divide all of their marital property, resolve all of the economic claims between them, and
terminate and conclude any and all claims one party may have against the other. The
parties ao/knowledge that each of them has had ample opportunity to consult with an
attorney of their choice and to obtain legal representation with regard to this agreement
and to the claims which they are terminating hereby. Consequently, each of the parties,
for themselves, their heirs, successors, and assigns, does hereby accept the terms and
provisions of this agreement in full satisfaction of any claims, of any nature, they may
have, or may ever have had, against the other party and each of the parties does hereby
waive, relinquish, release, and surrender forever any claim they have against the other
party, arising out of their marital relationship, or any other dealing between the parties
prior to the date of this agreement, provided, however, that this release shall not
exonerate either of the parties from the obligations they expressly make in this ,agreement,
which shall survive the date of this agreement until such obligations are fully performed.
14. CHOICE OF lAW. This Agreement shall be interpreted, applied and enforced
in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania.
15. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall
be declared void or invalid, only such part shall be deemed void and in all other respects
this Agreement shall remain valid and fully enforceable.
16. NON-WAIVER. The waiver of any term; condition, clause, or provision of this
Agreement shall in no way be deemed or considered a waiver of any other term,
condition, clause or provision of this Agreement.
IN WITNESS WHEREOF, the parties hereto hay. set their hands and seals the day
and year first above written.
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SCHEDULE A
1. Intelefax 1270 Computer with Inkjet Printer 540, Super VGA Color Monitor,
Keyboard Carrel, CPU, and Scanner.
2. Seal a meal food machine.
3. Bread making machine.
4. Light colored computer table.
5. Cuisinart food processor and all attachments.
6. Rolling Green Cemetery burial rights certificate.
7. The baby album.
8. High school records and related material.
9. Wizard of Oz books.
10. Miscellaneous photos and pictures.
11. Plastic clothing hangers and plastic boxes.
Page 7 of 7
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MICHAEL P. RADICH,
Plaintiff
vs.
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
LESLIE A. RADICH.
Defendant
NO. o/~3(;' 7~ eve,!
"--=
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
foregoing 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. A judgment may also be entered against you for any other claim or relief
requested in these papers by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available in
the Office of the Prothonotary at:
Office of the Prothonotary
Cumberland County Courthouse
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, PA 17013
Telephone: (71 7) 249-3166
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MICHAEL P. RADICH,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVil ACTION - lAW
NO. () (- 3(., 7:>'
lESLlE A. RADICH,
Defendant
IN DIVORCE
NOTICE OF AVAilABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in a divorce proceeding filed in
the Court of Common Pleas of Cumberland County. This notice is to advise you that in
accordance with Section 3302 (d) of the Divorce Code, you may request that the court
require you and your spouse to attend marriage counseling prior to a divorce being handed
down by the court. A list of professional marriage counselors is available at the Domestic
Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this
list is kept as a convenience to you and you are not bound to choose a counselor from this
list. All necessary arrangements and the cost of counseling sessions are to be borne by you
and your spouse.
If you desire to pursue counseling, you must make your request for counseling within
twenty days of the date on which you receive this notice. Failure to do so will constitute a
waiver of your right to request counseling.
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MICHAEL P. RADICH,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
/
NO.6/-3fe..75
LESLIE A. RADICH,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes the above-named Plaintiff, MICHAEL P. RADICH, by his attorney,
Samuel L. Andes, and makes the following Complaint in Divorce:
1. The Plaintiff is MICHAEL P. RADICH, an adult individual who currently resides at
6 Pamela Place in Mechanicsburg, Cumberland County, Pennsylvania.
2. The Defendant is LESLIE A. RADICH, an adult individual who currently resides at
1137 Franklin Street in Carlisle, Cumberland County, Pennsylvania.
3. Both the Plaintiff and Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for at least six months immediately previous to the filing of
this Complaint.
4. The Plaintiff and Defendant were married on 17 January 1980 in Hampden
Township, Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or annulment between the parties.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised of the availability of marriage counseling and the
Plaintiff may have the right to request that the Court require the parties to participate in
counseling.
COUNT I - IRRETRIEVABLE BREAKDOWN
8. The Plaintiff requests this Court to enter a Decree in Divorce.
WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the
Divorce Code of Pennsylvania.
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I verify that the statements made in this Complaint are true and correct. I understand
that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904
(unsworn falsification to authorities).
Date: 'L M~c.k ~\)I
#LAIIU~
MICHAEL P. RADICH
Q~)~
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Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
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MICHAEL P. RADICH,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVil ACTION - lAW
NO. 01-3675
lESLlE A. RADICH,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on
14 June 2001 and served upon the Defendant on or about 1 July 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing of the complaint and the date of service of the complaint
on the Defendant.
3. I consent to the entry of a final decree in divorce either after service of a Notice of
Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of
Intention to Request Entry of the Decree.
4. I have been advised of the availability of marriage counseling and understand that
the Court maintains a list of marriage counselors and that I may request the Court to require
my spouse and I to participate in counseling and, being so advised, do not request that the
Court require that my spouse and I participate in counseling prior to the divorce becoming
final.
I verify that the statements made in this Affidavit are true and correct and 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.
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MICHAEL P. RADICH,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 01-3675
LESLIE A. RADICH,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on
14 June 2001 and served upon the Defendant on or about 1 July 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing of the complaint and the date of service of the complaint
on the Defendant.
3. I consent to the entry of a final decree in divorce either after service of a Notice of
Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of
Intention to Request Entry of the Decree.
4. I have been advised of the availability of marriage counseling and understand that
the Court maintains a list of marriage counselors and that I may request the Court to require
my spouse and I to participate in counseling and, being so advised, do not request that the
Court require that my spouse and I participate in counseling prior to the divorce becoming
final.
I verify that the statements made in this Affidavit are true and correct and 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.
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MICHAEL P. RADICH,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 01-3675
LESLIE A. RADICH,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
A DIVORCE DECREE UNDER SECTION 3301 IC) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in 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 Waiver are true and correct. I understand
that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities.
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MICHAEL P. RADICH
MICHAEL P. RADICH,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 01-3675
LESLIE A. RADICH,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
A DIVORCE DECREE UNDER SECTION 3301 ICI OF THE DIVORCE CODE
1. I consent to the entry of a final decree in 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 Waiver are true and correct. I understand
that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities.
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MICHAEL P. RADICH,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 01-3675
LESLIE A. RADICH.
Defendant
IN DIVORCE
ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE
I hereby enter my appearance for the Defendant, Leslie A. Radich, in the
above-captioned action. I acknowledge receipt of a true and correct copy of the
Complaint in Divorce filed in the above action on behalf of the Defendant.
Date: 7/1()/
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MICHAEL P. RADICH,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 01-3675
LESLIE A. RADICH,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW this ~ day of -M a. ~ ' 2003, upon
consideration of the attached Petition, a Rule is hereby issued upon the Defendant, to
show cause, if any she has, why the relief requested therein shall not be granted. The
Rule shall be returnable 1.0 days from the date of service.
BY THE COURT.
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J.
DISTRIBUTION:
Samuel L. Andes, Esquire (Attorney for Plaintiff)
525 North 12th Street, Lemoyne, PA 17043
P. Richard Wagner, Esquire (Attorney for Defendant)
2233 North Front Street, Harrisburg, PA 17110
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MICHAEL P. RADICH,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 01-3675
LESLIE A. RADICH,
Defendant
IN DIVORCE
PETITION
AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and
petitions the court to enforce certain provisions of the parties' Property Settlement
Agreement, based upon the following:
1. The Petitioner herein is the Plaintiff, Michael P. Radich, who resides at 6 Pamela
Place in Mechanicsburg, Cumberland County, Pennsylvania.
2. The Respondent herein is the Defendant, Leslie Ann Radich, who resides at
1137 Franklin Street in Carlisle, Cumberland County, Pennsylvania.
3. The parties signed a Property Settlement Agreement on 24 December 2002, a
copy of which said Agreement is attached hereto and marked as Exhibit A.
4. Pursuant to Paragraph 5 of the said Agreement, Defendant is required to make,
execute, acknowledge, and deliver the documents necessary to transfer a 1996 Chevrolet
Lumina automobile to her name and the title to a 1980 Volvo 240 automobile into the
name of the parties' daughter, Amy Radich.
5. Defendant has breached the Agreement in that she has failed to make, execute,
acknowledge, and deliver the documents necessary to transfer the title of the said
vehicles in accordance with the said Agreement. Defendant has further failed to retrieve
the vehicles from Plaintiff's property, despite repeated requests and demands by Plaintiff.
6. Plaintiff has well and truly performed all of his obligations under the Agreement
and is entitled to have the Defendant perform her obligations.
7. Defendant has breached the Agreement as described above and her breach of
the agreement has caused Plaintiff, and continues to cause Plaintiff, significant financial
loss, inconvenience, and other problems.
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8. Defendant's violation of the Agreement between the parties has caused Plaintiff
to incur unnecessary legal fees and expenses to enforce his rights and to have these
vehicles removed from his name and his possession.
WHEREFORE. Plaintiff prays this court to order and compel Defendant to prepare,
execute, acknowledge, and process the documents necessary to transfer title to the
vehicles to herself and her daughter and to remove the said vehicles from Plaintiff's home
and to award Plaintiff the reasonable attorneys fees incurred by him to enforce this
provision of the Agreement between the parties.
~~'l.<1d~Q~
Attorney for Plaintiff
Supreme Court 10 # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
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VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand
that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904
(unsworn falsification to authorities).
Date:
3/11/[}3
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MICHAEL P. RADICH
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CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing Petition upon counsel for
the Defendant herein by regular mail, postage prepaid, addressed as follows:
P. Richard Wagner, Esquire
2233 North Front Street
Hershey, PA 17110
Date:
11
r- March 2003
.
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Amy M. arkins
Secretary for Samuel L. Andes
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PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 24 day of ~~
between:
MICHAEL P. RADICH of 6 Pamela Place in Mechanicsburg, Pennsylvania,
hereinafter referred to as "Husband"; and
LESLIE ANN RADICH of 1137 Franklin Street in Carlisle, Pennsylvania, hereinafter
referred to as "Wife."
, 2002, is by and
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been married on 17
January 1980 and are the parents of two children, both of whom are now adults: Amy R.
Radich, born 25 May 1982, and Kristen L. Radich, born 8 December 1983 (hereinafter
referred to as "children"); and
WHEREAS, certain difficulties have arisen between the parties hereto which have
made them desirous of living separate and apart from one another and Husband has
initiated an action in divorce filed to No. 01-3675 Civil Term before the Court of Common
Pleas of Cumberland County, Pennsylvania;
WHEREAS, the parties hereto, Wife being represented by P. Richard Wagner,
Esquire, and Husband by Samuel L. Andes, Esquire, have each exchanged full and
complete information as to the property, assets, and liabilities owned and owed by each
and have disclosed to each other and to their respective attorneys full information as to
the financial status of both parties hereto; and
WHEREAS, the parties hereto have mutually entered into an agreement for the
division of their assets, the provision for the liabilities they owe, and provision for the
resolution of their mutual differences, after both parties have had full and ample
opportunity to consult with their respective attorneys, and the parties now wish to have
that agreement reduced to writing.
NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the
mutually made and to be kept promises set forth hereinafter, and for other good and
valuable considerations, and intending to be legally bound and to legally bind their heirs,
successors, assigns, and personal representatives, do hereby covenant, promise, and
agree as follows:
Page 1 of 7
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1 . PAYMENT TO KRISTEN. The parties acknowledge that Husband has, as of the
date of the execution of this Agreement, paid and delivered to Kristen the sum of One
Thousand ($1,000.00) Dollars. Further, the parties agree that Husband will pay and
deliver to Kristen the additional sum of Two Thousand ($2,000.00) Dollars, upon
execution of this Agreement. These payments are intended to assist Kristen in paying her
personal expenses, including the down payment for the purchase of a motor vehicle to be
selected by Kristen.
2. CASH PAYMENT TO WIFE. Husband shall pay to Wife, as part of the equitable
distribution of the marital assets of the parties, the sum of Twenty Thousand
($20,000.00) Dollars. Such payment shall be made to Wife on or before the first day of
January 2003.
3. REAL ESTATE. Wife shall convey to Husband, by Special Warranty Deed, the
property owned jointly by the parties at 6 Pamela Place in Mechanicsburg, Cumberland
County, Pennsylvania, subject to the mortgage which encumbers the property. Wife shall
deliver such Deed to Husband or his designee contemporaneously with the payment of
Twenty Thousand ($20,000.00) Dollars made to Wife pursuant to Paragraph 2 hereof
and, with the delivery of such Deed, Wife shall have no further interest in or claim to the
property. Husband shall pay, in accordance with its terms, the debt secured by the
mortgage against the property together with any and all expenses, charges, and
assessments arising out of his ownership or occupancy of the property from the date of
this agreement forward and shall further indemnify Wife and save her harmless from any
loss, cost, or expense caused to her by his failure to make such payments in a timely and
proper fashion.
4. RETIREMENT ASSETS. The parties acknowledge that Husband, as a result of
his employment by the federal government, has a retirement or pension benefit and an
account within the thrift savings plan for federal employees. The parties acknowledge
that, as a result of her employment during the marriage by Dickinson College and other
employers, Wife has a retirement account with TIAA CREF. Each of the parties does
hereby waive, release, and relinquish any claim to or interest in the pension, retirement
account, or other retirement benefits held by or for the benefit of the other and does
confirm those assets to the sole and separate property of the other party free of any
further claim from them.
Page 2 of 7
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5. MOTOR VEHICLES. The parties agree that they will divide, distribute, and
otherwise dispose of the motor vehicles owned by them, and any debt associated with
those vehicles, as follows:
A. Husband shall transfer to Wife's name alone the 1996 Chevrolet
Lumina automobile currently held in both names.
B. Wife will waive any claim to or interest in Husband's 1996 Honda
van.
C. The parties will transfer to their daughter Amy the 1980 Volvo
240 automobile which she uses.
D. The parties will transfer title of the 1981 Volkswagon Jetta
automobile formerly used by Kristen to Kristen so that she may dispose of
such vehicle and remove it from the marital residence within thirty (30) days
of the date of this Agreement.
The parties shall make, execute, acknowledge and deliver motor vehicle titles and other
documents as may be necessary to transfer the titles to the above vehicles in accordance
with this paragraph. Each of the parties will pay, in accordance with their terms, any debt
which encumbers the title to the vehicle they are receiving and shall indemnify the other
against any claim, loss, or expense caused to them by their failure to do so.
6. PERSONAL PROPERTY. Wife shall transfer to Husband the 357 Magnum Pistol
which is registered in her name and that will be the sole and separate property of
Husband hereafter. Wife shall have, from the marital residence, those items of personal
property listed on Schedule A which is attached hereto and the parties daughter Kristen
will pick them up from the residence and deliver them to Wife within thirty (30) days of
the date of this Agreement. Otherwise, the parties hereto mutually agree that they have
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I effected a satisfactory division of the furniture, household furnishings, appliances, and
I other household and personal property between them and they mutually agree that each
i party shall, from and after the date hereof, be the sole and separate owner of all such
Ii tangible personal property presently in his or her possession, whether said property was
II heretofore owned jointly or individually by the parties hereto, and this agreement shall
have the effect of an assignment or receipt from each party to the other for such property
as may be in the individual possessions of each of the parties hereto, the effective date of
said bill of sale to be contemporaneous with the date of the execution of this Agreement.
Page 3 of 7
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7. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each
of them have had a full and ample opportunity to consult with counsel of their choice
, regarding their claims arising out of the marriage and divorce and that they have
specifically reviewed their rights to the equitable distribution of marital property, including
rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the
right to have the court review the assets and claims of the parties and decide them as
part of the divorce action. Being aware of those rights, and being aware of the marital
property owned by each of the parties, the parties hereto, in consideration of the other
terms and provisions ot this agreement, do hereby waive, release and quitclaim any
further right to have a court or any other tribunal equitably distribute or divide their marital
property and do hereby further waive, release and quitclaim any and all claim against or
interest in assets now currently in the possession or held in the name of the other, it
being their intention to accept the terms and provisions of this agreement in full
satisfaction of all of their claims to the marital property of the parties and the equitable
distribution of the same.
8. WAIVER OF ALIMONY. SUPPORT AND ALIMONY PENDENTE LITE. The
parties acknowledge that they are aware of the income, education, income potential, and
assets and holdings of the other or have had full and ample opportunity to become familiar
with such items. Both parties acknowledge that they are able to support and maintain
themselves comfortably, without contribution from the other beyond that as provided for
in this Property Settlement Agreement, upon the income and assets owned by each of
them. The parties hereby accept the mutual covenants and terms of this Agreement and
the benefits and properties passed to them hereunder in lieu of any and all further rights
to support or alimony for themself, Gounsel fees, and alimony pendente lite at this time
and during any and all further or future actions of divorce brought by either of the parties
hereto and the parties do hereby remise, release, quit claim, and relinquish forever any
I and all right to support, alimony, alimony pendente lite, counsel fees and expenses
i beyond those provided for herein, during the pendency of or as a result of any such
'I actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute,
II at this time and at any time in the future.
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9. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights
in the estate of Wife and Wife releases her inchoate intestate rights in the estate of
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Husband, and 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, of any and all claims, demands, damages, actions, causes of
action or suits of law or in equity, of whatsoever kind or nature, for or because of any
matter or thing done, omitted, or suffered to be done by such other party prior to the date
hereof; except that this release shall in no way exonerate or discharge either party hereto
from the obligations and promises made and imposed by reason of this agreement and
shall in no way affect any cause of action in absolute divorce which either party may have
against the other.
10. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent
to the other than neither of them has incurred any debts in the name of the other not
previously disclosed or provided for in this agreement. Each of the parties hereby
represents to the other that neither one of them have incurred or contracted for debts in
the name of the other or for which the other is or would be legally liable from and after
the date of the parties' separation. Both parties hereto mutually agree and promise that
neither will contract or otherwise incur debts in the other's or joint names without the
prior permission and consent of the other party hereto. Both parties hereto represent and
warrant to the other party that they have not so contracted any debts unbeknownst to
the other up to the time and date of this Agreement.
11. NO INTERFERENCE. The parties both agree that neither of them shall contact,
come to the home or residence of, come to the place of employment of, or otherwise
attempt any unwanted contact with the other party at any time after the date of this
agreement. In the event that the parties wish to communicate, they will do so in writing,
bye-mail or by telephone and will not have any personal, face-to-face contact, or attempt
to have any such contact, without the prior consent of the other party.
12. CONCLUSION OF DIVORCE. The parties acknowledge that this agreement is
made in contemplation of the conclusion by both of them of an action in divorce which
has been filed or will be filed shortly by one of the parties hereto. Both of the parties
hereto agree that they shall, contemporaneously with the execution of this agreement,
execute and deliver to Husband's attorney an Affidavit of Consent under Section 3301 (c)
of the Divorce Code, consenting to the entry of a final deGree in divorce, and a Waiver of
Page 5 of 7
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further notice for the entry of such decree. Both parties agree that they shall accept the
terms and provisions of this agreement in full satisfaGtion of any claims they may have
under the Divorce Code of the Commonwealth of Pennsylvania, including, but not limited
to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like.
13. RELEASE. The parties acknowledge that the purpose of this agreement is to
divide all of their marital property, resolve all of the economic claims between them, and
terminate and conclude any and all claims one party may have against the other. The
parties acknowledge that each of them has had ample opportunity to consult with an
attorney of their Ghoice and to obtain legal representation with regard to this agreement
and to the claims which they are terminating hereby. Consequently, each of the parties,
for themselves, their heirs, successors, and assigns, does hereby accept the terms and
provisions of this agreement in full satisfaction of any claims, of any nature, they may
have, or may ever have had, against the other party and each of the parties does hereby
waive, relinquish, release, and surrender forever any claim they have against the other
party, arising out of their marital relationship, or any other dealing between the parties
prior to the date of this agreement, provided, however, that this release shall not
exonerate either of the parties from the obligations they expressly make in this .agreement,
which shall survive the date of this agreement until such obligations are fully performed.
14. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced
in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania.
15. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall
be declared void or invalid, only such part shall be deemed void and in all other respects
this Agreement shall remain valid and fully enforceable.
16. NON-WAIVER. The waiver of any term; condition, clause, or provision of this
Agreement shall in no way be deemed or considered a waiver of any other term,
condition, clause or provision of this Agreement.
IN WITNESS WHEREOF, the parties hereto hav set their hands and seals the day
and year first above written.
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SCHEDULE A
1. Intelefax 1270 Computer with Inkjet Printer 540, Super VGA Color Monitor,
Keyboard Carrel, CPU, and Scanner.
2. Seal a meal food machine.
3. Bread making machine.
4. Light colored computer table.
5. Cuisinart food processor and all attachments.
6. Rolling Green Cemetery burial rights certificate.
7. The baby album.
8. High school records and related material.
9. Wizard of Oz books.
10. Miscellaneous photos and pictures.
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MICHAEL P. RADICH,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 01-3675
LESLIE A. RADICH,
Defendant
IN DIVORCE
PRAECIPE
o THE PROTHONOTARY:
Please withdraw all of the economic claims previously filed in this matter by the
laintiff, Michael P. Radich, specifically including the Petition for Exclusive Possession of the
arital Residence.
Date: 3 January 2003
el L. Ande
rney for Plaintiff
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MICHAEL P. RADICH
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VB.
NO. 01- 3675
CIVIL
19
LESLIE A. RADICH
IN DIVORCE
Defendant
STATUS SHEET
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MICHAEL P. RADICH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 3675 CIVIL
LESLIE A. RADICH,
Defendant
IN DIVORCE
TO: Samuel L. Andes
Attorney for Plaintiff
P. Richard Wagner
Attorney for Defendant
DATE: Wednesday, September 4, 2001
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE
COUNSEL FOR PLAINTIFF
COUNSEL FOR DEFENDANT
)
)
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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SAMUEL L. ANDES
ATTORNEY AT LAW
525 NORTH TWELFTH STREET
P.O. BOX 168
LEMOYNE, PENNSYLVANIA 17043
TELEPHONE
(717) 781-5381
2 January 2003
FAX
(717) 781- 1435
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: Michael P. Radich vs. Leslie A. Radich
No. 01-3675 Civil Term
Dear Mr. Elicker:
You were appointed Master in the above matter sometime ago. You
conducted at least one hearing and then the parties got into some negotiations
which have finally be successful. Enclosed is a copy of a Property Settlement
Agreement that the parties signed in December. In light of that, I request that you
file the documents necessary to have your appointment vacated so we can
conclude the divorce.
If you have any questions or need anything further, please contact myself or
P. Richard Wagner, Esquire.
Sincerely,
&"
amh
cc: P. Richard Wagner, Esquire
Michael P. Radich
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6535
E. Robert Elicker, II
Divorce Master
Traci Jo Colyer
Office Manager/Reporter
West Shore
697-0371 Ex!. 6535
October 7, 2002
SamueIL.Andes,Esqurre
525 North Twelfth Street
P.O. Box 168
Lemoyne, PA 17043
P. Ricahrd Wagner, Esquire
MANCKE, WAGNER & TULLY
2233 North Twelfth Street
Harrisburg, PA 17110
RE: Michael P. Radich vs. Leslie A. Radich
No. 01 - 3675 Civil
In Divorce
Dear Mr. Andes and Mr. Wagner:
I am writing in response to Mr. Andes' letter of October 4, 2002,
requesting a directive for pretrial memos.
Before issuing a directive, I need to know if the parties want to
continue with the separation date hearing which 1ge9an on February 14,
2002.
Also, Mr. Wagner indicated that his client would file an affidavit of
consent. No affidavit of consent has been filed by wife.
Following the hearing on February 14,2002, I noted by
correspondence that no economic claims had been raised. On June 2,
2002, Mr. Andes raised the economic claims of equitable distribution and
counsel fees and expenses. Counsel need to advise if discovery is
complete. I know that there is an issue with regard to the salability of a
house where husband is residing. I would expect that counsel should
exchange a list of witnesses they intend to call for a hearing and then we
can determine if counsel, after review of the witness list, need to engage
in further discovery. I am not aware of any appraisals or valuations that
have been compiled and obviously there is no point in pursuing this
matter until all of the economic data has been developed and exchanged.
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7 October 2002
Page 2
Counsel do not need a directive for pretrial statements in order to do that
exchange and complete discovery, since counsel know the issues.
Upon hearing from counsel in regard to the matters raised herein, I
will decide how I want to proceed.
Very truly yours,
E. Robert Elicker, II
Divorce Master
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Commonwealth of Pennsylvania
County of Cumberland, ss:
MICHAEL P. RADICH,
Plaintiff
In the Court of Common Pleas of
Cumberland County, Pennsylvania
vs.
No. 01-3675 Civil
LESLIE A. RADICH,
Defendant
in Divorce
Motion for Appointment of Master
Michael P. Radich, Plaintiff moves the court to appoint a Master with respect to the
following claims:
(XX) Divorce
( ) Annulment
( ) Alimony
( ) Alimony Pendente Lite
(XX) Distribution of Property
( ) Support
(XX) Counsel Fees
(XX) Costs and Expenses
and in support of the motion states:
1. Discovery is complete as to the c1aim(s) for which the appointment of a Master is
requested.
2. The Defendant has appeared in the action personally by her attorney, P. Richard Wagner,
Esquire.
3. The statutory ground(s) for divorce are: Divorce, Distribution of Property, Counsel Fees
and Costs and Expenses.
4. Check the applicable paragraph(s).
( ) The action is not contested.
( ) An agreement has been reached with respect to the following claims:
()< ) The action is contested with respect to the following claims:
PlI\ ex<:~t ~Wtc.Q .
5. The action does not involve complex issues of law or fact.
6. The hearing is expected to take 1 day.
7. Additional information, if any, relevant to the motion:
S/S'A~J1R
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Date
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Attorney for Plaintiff
AND NOW,
is appointed Master wi
2002, ~~ ~ (hdCb.
respect to the following claims: Divorce
, Esquire,
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SAMUEL L. ANDES
ATTORNEY AT LAW
525 NORTH TWELFl'H STREET
P. O. BOX 168
LEMOYNE,PENNSYLVANIA 17043
TELEPHONE
(717) 781-5381
4 October 2002
FAX
(717) 761-1435
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: Michael P. Radich vs. Leslie A. Radich
No. 01-3675 Civil Term
Dear Mr. Elicker:
The above parties were before you several months ago on my client's
attempt to conclude a divorce. At that time both parties expressed a willingness to
file Affidavits of Consent and, because no economic claims were pending, you
vacated your appointment. Unfortunately, Mrs. Radich has not signed and filed the
Affidavit of Consent and, therefore, it will be necessary for us to proceed under
3301 (d) of the Divorce Code.
I filed a Petition for Economic Relief several months ago and, at that time,
filed a Motion to have you appointed to hear those claims as well. You were
appointed but, as yet, have not scheduled a pre-hearing conference.
I write to request that you set a date for the parties to file pre-trial memos
and then schedule a pre-trial conference. By the time that is done, the two year
period of separation, even under the dates suggested by Mrs. Radich, will have
passed and the matter will be ripe for you to hear and decide.
Thank you for your attention to this matter.
Sincerely,
I l. Andes
amh
cc: P. Richard Wagner, Esquire
Michael P. Radich
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle. PA 17013
(717) 240-6535
E. Robert Elicker, "
Divorce Master
Traci do Colyer
Office Manager/Reporter
West Shore
697-0371 ExL 6535
February 19,2002
Samuel L. Andes, Esquire
525 North Twelfth Street
P.O. Box 168
Lemoyne,Pi\ 17043
P. Richard Wagner, Esquire
MANCKE, WAGNER, HERSHEY & TULLY
2233 North Front Street
Harrisburg, PA 17011
RE: Michael P. Radich vs. Leslie A. Radich
No. 01 - 3675 Civil
In Divorce
Dear Mr. Andes and Mr. Wagner:
I am going to address the issues, which arose at the hearing on Thursday,
February 14,2002, and also some new issues which I have determined need to be
addressed after a more thorough review of the file.
A hearing notice dated October 24,2001, was sent to counsel and the parties
scheduling a hearing for January 29, 2002. The hearing notice specifically advised that
there was to be an exchange of witness lists thirty (30) days prior to the hearing. Counsel
appeared here on January 29, 2002, but were unable to go forward with the hearing
because of a scheduling conflict that Mr. Waguer had with regard to a district justice
hearing later in the morning. Another hearing date was set for February 14,2002. Even
though the new notice did not make reference to an exchange of witness lists,
nevertheless, those lists should have been exchanged prior to the scheduled date of the
hearing on January 29, 2002.
The purpose of discovery is to allow the parties and counsel to review exhibits to
be presented at a hearing prior to the hearing so that the hearing process can move along
smoothly and expeditiously. Exhibits should not be produced at a hearing and a witness
confronted with an exhibit, which he or she, or counsel have not had an opportunity to
review prior to the hearing. Confronting Mr. Radich with 100 pages more or less of
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19 February 2002
Page 2
e-mail documents which neither he nor his counsel had an opportunity to review before
the hearing would only have delayed the process and I had no intention of sitting through
an afternoon with Mr. Radich and Mr. Andes reading e-mails.
I will, as indicated, only hear the testimony of the parties; also, if any exhibits are
produced at the next hearing which have not been previously reviewed by the opposing
party and counsel, those exhibits will not be permitted nor will any testimony be
permitted about those exhibits.
I have also noted that although the motion for appointment of Master states that
equitable distribution is the only economic claim before the Master, I point out to counsel
that the economic claim of equitable distribution is not before the Master because no
pleadings have raised the issue. However, if any economic claims are to be raised, they
should be raised by the date of the filing of the pretrial statements, which I am going to
direct. If no economic claims have been raised by that date, I am going to ask that the
Court vacate my appointment. Without equitable distribution as an issue, there is no need
to establish a date of separation since both parties will consent to a divorce.
In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a
pretrial statement on or before Friday, March 15, 2002. A pre-hearing conference will be
scheduled immediately following receipt of the pretrial statements. Also enclosed is a
notice of a hearing to continue the testimony on the date of separation issue.
With respect to grounds for divorce, Mr. Wagner has indicated by letter of
November 27,2001, that his client will sign an affidavit of consent to conclude the
divorce under Section 3301(c). Consequently, I direct both parties to sign and file
affidavits of consent and waivers of notice of intention to request entry of divorce decree
prior to March 15, 2002.
Very truly yours,
E. Robert Elicker, II
Divorce Master
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Mr. Andes and Mr. Wagner, Attorneys at Law
19 Febrnary 2002
Page 3
NOTE:
Sanctions for failure to file the pretrial statements are set
forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED
IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY
TO OPPOSING COUNSEL.
FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED
BY THE MASTER MAY RESULT IN THE MASTER'S
APPOINTMENT BEING VACATED.
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Case Entri es
Q,1$1Ii/CL
2001~,(}3675 RADICH MICHAEL P (vs) RADICH LESLIE A
Filed Date: 6/14/2001 Time: 10:58 Case Type: COMPLAINT - DIVORCE
page ------I of
2
- - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - -
6/14/01 COMPLAINT - DIVORCE
7/11/01 ACCEPTANCE OF SERVICE FOR COMPLAINT IN DIVORCE AND ENTRY OF
APPEARANCE FOR P RICHARD WAGNER FOR DEFT
8/29/01 MOTION FOR APPOINTMENT OF MASTER BY SAMUEL LANDES ESQ
8/29/01 ORDER APPOINTING MASTER 8/29/01 E ROBERT ELICKER II ESQUIRE IS
APPOINTED MASTER WITH RESPECT TO ABOVE CLAIMS GEORGE E HOFFER P J
8/29/01 PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(D)
10/03/01 DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE
CODE FILED BY DEBRA K SPINNER SECRETARY FOR R RICHARD WAGNER ESQ
FOR DEFT +
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Case Entries
2001-03675 RADICH MICHAEL P (VS) RADICH LESLIE A
Filed Date: 6/14/2001 Time: 10:58 Case Type: COMPLAINT - DIVORCE
page ---1 of 2
12/27/01 MOTION TO COMPEL - BY SAMUEL LANDES ESQ FOR PLFF
-------------------------------------------------------------------
1/07/02 ORDER OF COURT - DATED 1/7/02 - IN RE PLFFS MOTION TO COMPEL - A
RULE IS HEREBY ISSUED UPON DEFT TO SHOW CAUSE WHY THE RELIEF
REQUESTED SHOULD NOT BE GRANTED - RULE RETURNABLE WITHIN 15 DAYS
OF SERVICE - BY THE COURT J WESLEY OLER JR J COPIES MAILED 1/7/02
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
F2=Done FI0=print F12=cancel F17=TOP F18=Bot
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LAW OFFICES
MANCKE, WAGNER, HERSHEY & TULLY
JOHN B. MANCKE
P. RICHARD WAGNER
DAVID E. HERSHEY
WILLIAM T. TULLY
2233 NORTH FRONT STREET
HARRISBURG, PA
17110
PHONE (717) 234-7051
FAX (717) 234.7080
September 18,2001
E. Robert Elicker, Esquire
9 North Hanover Street
Carlisle, P A 17013
Re: Radich
Dear Mr. Elicker:
I have received your notice for certification for completion of discovery
regarding the above-captioned matter. My client does not believe the parties have
been separated for a two year period of time, and accordingly, object to this matter
being listed for any kind of disposition.
Your attention is appreciated, /~
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SAMUEL LANDES
ATTORNEY AT LAW
525 NORTH TWELFTH STREET
P.O. BOX 168
LEMOYNE, PENNSYLVANIA 17043
TELEPHONE
(717) 781-5381
20 September 2001
FAX
(717) 761-1435
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: Radich vs. Radich
Dear Mr. Elicker:
Enclosed is my discovery certificate in the above case. To my
knowledge the only discovery yet to be completed is the Defendant's
Production of Documents pursuant to a Request which I served a month ago.
Hopefully Rich Wagner will get those documents to me shortly and discovery
will then be complete.
I am sending a copy of this letter and my certificate to Rich Wagner and
I expect we will both hear from him if he does not agree.
Sincerely,
~des
amh / Enclosure
c c: P. Richard Wagner, Esquire
Michael P. Radich
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SEP 2 5 200rfL.
MICHAEL P. RADICH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 3675 CIVIL
LESLIE A. RADICH,
Defendant
IN DIVORCE
TO: Samuel L. Andes
Attorney for Plaintiff
P. Richard Wagner
Attorney for Defendant
DATE: Wednesday, September 4, 2001
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
Plaintiff filed a Request for production of Documents on the
Defendant on 16 August 2001 and that request is still
outstanding.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
Plaintiff hopes that the documents he has requested will be
produced within the next thirty days. To his knowledge, discovery
is otherwise canplete.
20 September 2001
DATE
AINTIFF (~)
DEFENDANT ( )
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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MICHAEL P. RADICH,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
NO. 01-3675
CIVIL ACTION - LAW
LESLIE A. RADICH,
IN DIVORCE
Defendant.
DEFENDAL~T'S COm,TER-AFFIDAVIT u~DER
SECTION 3301(dl OF THE DIVORCE CODE
1. Check either (a) or (b):
( )
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( )
(a) I do not oppose the entry of a divorce decree.
(b) I oppose the entry of a divorce decree because
(Check (i) or (ii), or both):
(i) The parties to this action have not lived separate
and apart for a period of at least two years.
(ii) The marriage is not irretrievably broken.
2. Check either (a) or (bl:
( )
CX,1
(a)
I do not wish to make any claims for economic
relief. 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.
(b)
I wish to claim economic relief which may include
alimony, division of property, lawyer's fees or
expenses or other important rights.
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I verify that the statements made in this Counter-
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 authorities.
DATE: 2.4 ~ 21M}
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CERTIFICATE OF SERVICE
I, Debra K. Spinner, Secretary in the law firm of
MANCKE, WAGNER, HERSHEY, & TULLY, do hereby certify that I am
this day serving a copy of the foregoing document to the
following persons and in the manner indicated below, which
service satisfies the requirements of the Pennsylvania Rules of
Civil Procedure, by depositing the same in the United States
Mail, Harrisburg, Pennsylvania, with first class postage,
prepaid, and addressed as follows:
Samuel L. Andes, Esquire
525 N. 12~ Street
Lemoyne, PA 17043
By
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Debra K. Spin er, Secretary
MANCKE, WAGNER, HERSHEY & TULLY
2233 North Front Street
Harrisburg, PA 17110
P. Richard Wagner, Esquire
Attorneys for Defendant
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SAMUEL LANDES
ATTORNEY AT LAW
525 NORTH TWELFTH STREET
P. O. BOX 168
LEMOYNE, PENNSYLVANIA 17043
TELEPHONE
(717) 761-5381
3 December 2001
FAX
(717) 761-1435
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, Pa 17013
RE: Michael P. Radich vs, Leslie A Radich
No. 01-3675 Civil Term
Dear Mr. Elicker:
I have Rich Wagner's letter of 27 November 2001 in which he indicates his
client will file a consent and that, therefore, the hearing scheduled for 22 January
2002 is not necessary. As much as I appreciate Rich's effort to move this case
forward, I do not believe what he proposes will solve all of the problems we face.
Whether the parties conclude a divorce by consent or otherwise, we still need
to determine the date of the parties' final separation for purposes of equitable
distribution. If Rich's client will agree that the parties separated in August of 1999,
as my client has stated in his Affidavit, a hearing on that issue will not be necessary
and we can proceed to the economic issues. If we are going to do that, I request that
you set a date for the parties to file their pre-trial statements so that, when we have
the conference, you will have as much information as we can give you.
If Rich's client will not agree that the parties separated in August of 1999, as
my client contends, then I think we will still require a hearing to determine the date
of separation,
I have written Rich about all of this and I expect you will hear further from one
or both of us shortly. In the meantime, I ask that you keep the hearing for 22 January
2002 on your calendar.
Sincerely,
~~A~des
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cc: P. Richard Wagner, Esquire
Michael P. Radich
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LAW OFFICES
MANCKE. WAGNER, HERSHEY & TULLY
JOHN B. MANCKE
P. RICHARD WAGNER
DAVID E. HERSHEY
WILLIAM T. TULLY
2233 NORTH FRONT STREET
HARRISBURG, PA
17110
PHONE (717) 234-7051
FAX (717) 234-7080
December 6,2001
E. Robert Elicker, Esquire
9 North Hanover Street
Carlisle, P A 17013
Re: Radich
Dear Mr, Elicker:
I am in receipt of Mr. Andes' letter and your telephone conference
concerning the date of separation on the above.captioned matter. I am not sure of
the significance of the date of separation in that APL is not an issue and I do not
think there is any viable pension at the present time that is based upon a present
value, i,e., date of separation, basis.
As it relates to property, it is the value as close to the date of distribution that
is the guiding principle.
Therefore, I am not sure as to the significance of the date of separation in
light of the lack of a pension to be distributed.
Your attention is appreciated.
PRW/dks
cc: Samuel L. Andes, Esq.
J agner
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LAW OFFICES
MANCKE, WAGNER. HERSHEY & TULLY
JOHN B. MANCKE
P. RICHARD WAGNER
DAVIO E. HERSHEY
WILLIAM T. TULLY
2233 NORTH FRONT STREET
HARRISBURG, PA 17110
PHONE (717) 234-7051
FAX (717) 234-7080
November 27,2001
E. Robert Elicker, Esquire
9 North Hanover Street
Carlisle, PA 17013
Re: Radich
Dear Mr. Elicker:
I have spoken at length to my client, Leslie Radich, concerning the hearing
that is scheduled for January 22,2002. After considering the options available to
her, she has decided that she would sign an Affidavit of Consent under 220 1 (c) of
the Divorce Code.
There are some economic issues that need to be pursued, and accordingly, I
would respectfully request that the hearing that is scheduled for January 22,2002,
be held, but it be a conference by and between counsel and the Master in order to
finalize the issues to expeditiously move towards a Master's hearing to decide all
econOIll1C Issues.
---
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cc: Samuel L. Andes, Esq.
Ms. Leslie Radich
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MICHAEL P. RADICH
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
LESLIE A. RADICH
: NO.
01 - 3675
: IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Michael P. Radich
Samuel L. Andes
, Plaintiff
, Counsel for Plaintiff
Leslie A. Radich
P. Richard Wagner
, Defendant
, Counsel for Defendant
*
You are directed to appear for a hearing to take testimony on the outstanding
issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9
25th
North Hanover Street, Carlisle, Pennsylvania, on the
April 2002 at 9:00
day of
a.m., at which place
and time you will be given the opportunity to present wituesses and exhibits in support
of your case.
George E. Hoffer, President Judge
Date of Order and
Notice: 2/19/02
By:
Divorce Master
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, P A 17013
TELEPIIONE (717) 249-3166
* TESTIMONY WILL BE LIMITED TO THE ISSUE OF THE DATE OF SEPARATION OF
THE PARTIES.
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l\tIICHAEL P. RADICH,
Plaintiff
IN 11IE COU~(.l' OF COMMON PLEAS OF
'~T IM'''B' lIqT "'NY' '~n' T"JTY PENN"YLVANIA
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v.
CIVIL ACTION -- LAW
LESLIE A.RAmCH,
Defendant
1-10.01-3675 CIVIL TERM
ORDER m:"COURT
AND NOW, this 7tl1 day of January, 2002, upon consideration of P1aintifJ"s
Jvlotion To Compel, a Rule is hereby iSSlied upon Defendant to show cause why the relief
requested should not be granted.
RULE RETURNABLE within 15 days of ser'fice.
BY THE COURT,
~ L. Andes, Esq.
525 Notth 1ih Street
Lemoyne, PA 17043
Attorney for Plaintiff
~hard Wagner, Esq.
2233 North Front Street
Harrisburg, P A 17110
Attorney for Defendant
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MICHAEL P. RADICH,
PLAINTIFF
vs.
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-3675
LESLIE A. RADICH,
DEFENDANT
IN DIVORCE
ORDER
AND NOW this
day of
, 2001, upon
consideration of the attached Motion to Compel, a conference is hereby scheduled, to be
held before the undersigned, in Court Room No.
Courthouse in Carlisle, Pennsylvania, commencing at
of the Cumberland County
o'clock
.m.on
the
day of
,200_
BY THE COURT,
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MICHAEL P. RADICH,
PLAINTIFF
vs.
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-3675
LESLIE A. RADICH,
DEFENDANT
IN DIVORCE
MOTION TO COMPEL
AND NOW comes the above-named Plaintiff, Michael P. Radich, by his attorney,
Samuel 1. Andes, and moves the court for an order to compel Defendant to produce
documents, based upon the following:
1. The Petitioner herein is the Plaintiff, Michael P. Radich. The Respondent herein is
the Defendant, Leslie A. Radich.
2, This divorce action is pending before the Master and Plaintiff requires documents
to verify the existence and value of various marital assets which he believes are owned by
and under the control of the Defendant, Those assets include various retirement and
investment accounts,
3, On 16 August 2001, Plaintiff served a Request for Production of Documents and
Things upon Defendant's counsel. Attached hereto and marked as Exhibit A is a copy of
the Request for Production and the letter with which Plaintiff's counsel served that upon
Defendant's counsel.
4. Despite repeated requests from Plaintiff's counsel, Defendant has failed to provide
the documents requested by Plaintiff or file a formal answer to Plaintiff's Request for
Production.
5. Plaintiff cannot properly prepare this case for negotiation and settlement or for
litigation before the Master, without the information he has requested,
II
WHEREFORE, Plaintiff moves this court to issue an order compelling Defendant to
produce the documents described in Plaintiff's Request for Production within ten (10) days
of the date of the entry of this court's order and to further award to Plaintiff reasonable
attorney's fees for Defendant's failure to comply with the Request.
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Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
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VERIFICATION
I verify that the statements made in this Motion are true and correct. I understand
that any false statements in this Motion are subject to the penalties of 18 Pa. C.S. 4904
(unsworn falsification to authorities),
Date: /~/3 101
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EXHIBIT A
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SAMUEL L. ANDES
ATTORNEY AT LAW
525 NORTH TW"ELFTH STREET
P.O. BOX 168
LEMOYNE, PENNSYLVANIA 17043
TELEPHONE
(717) 781.5361
16 August 2001
FAX
(717) 781-1435
P. Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PA 17110
RE: Leslie A. Radich
Dear Rich:
Two months ago I asked you for some information about financial assets
held or controlled by Leslie Radich. I have not received any response to that. I
assume the problem is with your client and so I have prepared, and hereby serve
upon you, a formal Request for Production. If I donot have the documents within
the time set by the Rules, I will move the court to compel the production of these
items. Please see that your client complies with this request, as soon as possible.
My client has expressed a willingness to settle the case, which I have
discussed with you. If your client will not cooperate, however, his attitude may
change. If we are going to settle the case without a lot of litigation and dispute,
please get me these documents as soon as possible.
Sincerely,
Samuel L. Andes
amh / Enclosure
cc: Michael P. Radich
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MICHAEL P. RADICH,
Plaintiff
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-3675
LESLIE A. RADICH,
Defendant
IN DIVORCE
REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS
TO: Leslie A. Radich
c/o P. Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PA 171 '10
You are requested, in accordance with Pa. R.C.P. 4009, to deliver to the office of the
undersigned at 525 North 12th Street, Lemoyne, Pennsylvania, or otherwise make
arrangements reasonably satisfactory to the undersigned, for his inspection or examination,
copies of the following documents, articles, and things, within thirty (30) days of the date of
this Request. For purposes of this Request, all computer records and information available
on computer records or within computer programs, should be included within the Request
for Production. That is, this Request is not limited to documents or "hard copies" of
records, but should include computer records, tapes, disks, and other media as well as paper
documents.
1. Copies of all documents relating to any account you held with TIAA CREF at any
time after 1 January 1996, specifically including any documents relating to the transfer,
liquidation, or other disposition of that account or any of the assets within it.
2. Copies of all documents relating to any account you held with Fidelity Funds at
any time after 1 January 1996, specifically including any documents relating to the transfer,
II liquidation, or other disposition of that account or any of the assets within it.
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3. Copies of all documents relating to any account, specifically including any
individual retirement account, with First Federal Credit Union, Members 1 st Federal Credit
Union, or any other credit union or similar financial institutions at any time after 1 January
1996.
4. Copies of all documents relating to any account, specifically including any
individual retirement account, with AIM Fund Services, Inc. or any related entity or any
entity with a similar name at any time after 1 January 1996.
5. Copies of all documents relating to any account with Boston Safe Deposit and
Trust Company, or any related entity or any entity with a similar name at any time after 1
January 1996.
6. Copies of all statements or other documents which reflect the value of, or activity
in, any other account or asset held by you, or for your benefit, with any financial institution,
for the period 1 January 2000 to the present.
Q~\J)
~muel L. Andes
Attorney for Plaintiff
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
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CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing Request for Production of
Documents upon counsel for the Defendant herein by regular mail, postage prepaid,
addressed as follows:
P. Richard Wagner, Esquire
2233 North Front Street
Harrisburg, Pa 17110
(-~<,c:;Q
Samuel L. Andes
Attorney for Plaintiff
Date:
16 August 2001
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MICHAEL P. RADICH,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 01-3675
LESLIE A. RADICH,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 {cl of the Divorce Code was filed on
1-_ ~ ~__~ 14 JW1e 2001 and served upon the Defendant on or about 1 July 200l.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing of the complaint and the date of service of the complaint
on the Defendant.
3. I consent to the entry of a final decree in divorce either after service of a Notice of
Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of
Intention to Request Entry of the Decree.
4. I have been advised of the availability of marriage counseling and understand that
the Court maintains a list of marriage counselors and that I may request the Court to require
my spouse and I to participate in counseling and, being so advised, do not request that the
Court require that my spouse and I participate in counseling prior to the divorce becoming
final.
I verify that the statements made in this Affidavit are true and correct and 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.
19 April 2002
Date
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MICHAEL P. RADICH
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MICHAEL P. RADICH,
Plaintiff
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-3675
LESLIE A. RADICH,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
A DIVORCE DECREE UNDER SECTION 3301 IC) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in 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 Waiver are true and correct. I understand
iiAl1at false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities.
19 April 2002
Date
g;JJ';V;LL/
MICHAEL P. RADICH
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SAMUEL L. ANDES
ATTORNEY AT LAW
525 NORTH TWELFTH STREET
P. 0, BOX 168
LEMOYNE, PENNSYLVANIA 17043
TELEPHONE
(7(7) 781-:5361
22 October 2001
FAX
(717) 781 - 1435
E. Robert Elicker, II, Esquire
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: Michael P. Radich vs. Leslie A. Radich
No. 01-3675
Dear Mr. Elicker:
You were appointed master in the above matter in early September. Shortly prior to
that time my client had filed an Affidavit Under 3301 (d) stating that the parties had been
living separate since mid-August of 1999. P. Richard Wagner, Esquire, who represents
Mrs. Radich, responded by filing a counter-affidavit denying that date of separation.
Accordingly, we will require a hearing on the date of separation.
You are not likely to schedule a pre-hearing conference or a hearing on the economic
issues, because discovery is not yet complete. However, there is nothing preventing you
from scheduling a hearing to determine the date of separation. Once you establish a date
of separation, the preparation of the rest of the case, and the discovery required for that
preparation, should be much easier.
Accordingly, I write to ask that you schedule a hearing on the issue of the date of
the parties' separation. If you feel a pre-hearing conference with counsel is necessary prior
to that hearing, please schedule that as well. Frankly, I think if you schedule a hearing and
require the attorneys to exchange witness lists thirty days prior to the hearing, that will be
sufficient to get that part of the case underway.
Please contact Rich Wagner or myself if you have any questions in these matters.
Thank you for your cooperation.
Sincerely,
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L. Andes
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SAMUEL L. ANDES
ATTORNEY AT LAW
525 NORTH TWELFTH STREET
P. O. BOX 168
LEMOYNE, PENNSYLVANIA 17043
TELEPHONE
(717) 761-~361
4 February 2002
FAX
(717) 761-1435
Michael P. Radich
6 Pamela Place
Mechanicsburg, PA 17055
Dear Michael:
The Master has rescheduled the hearing on the date of your separation.
It is now scheduled for 14 February 2002 at 1:30 p.m, I will need you and your
older daughter, Amy, to testify at the hearing.
If you have not already done so, please get me information as to the
value of your thrift savings }:llan as {Jf the following dates:
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1. August1999. 55) bOb, I g
2. 31 December 1999. -$5g) In. 51
3. 31 December 2000. --$ bb) 30g. 0,/
4. February 2001. - $ 6~ 560. 71
These are the dates which we claim you and your wife separated and the
dates she acknowledges you separated plus two dates in the middle the
Master has requested. Hopefully you can get this information to me prior to 14
February 2002.
Call me if you have any questions.
Sincerely,
&ll~.:~es
amh / Enclosure
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MICHAEL p, RADICH,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
LESLIE A. RADICH,
Defendant
CIVIL ACTION - LAW
NO, 01-3675 CIVIL TERM
IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
Plaintiff moves the court to appoint a Master with respect to the following claims:
) Divorce
) Annulment
) Counsel Fees
C><l Distribution of Property
( ) Alimony
( ) Costs and Expenses
) Support
) Alimony Pendente Lite
and in support of the motion states:
1. Discovery is complete as to the claim(s) for which the appointment of a Master is
requested.
2. The Defendant has appeared in the action by her attorney, P. Richard Wagner, Esquire,
3. The statutory ground for divorce is: "2>30 \ CJ)
4. Check the applicable paragraph(s):
( ) The action is not contested.
( ) An agreement has been reached with respect to the following claims:
()<) The action is contested with respect to the above-marked claims.
5. The action does not involve complex issues of law or fact.
6. The hearing is expected to take ---=::... hours 1.. day.
7. Additional information, if any, relevant to this motion:
~ ~ 2:vo1
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Sam L And~
Attorney for Plaintiff
AND NOW iJr oN
with respect to the ' abov claims.
2001, E. Robert Elicker, II, Esquire is appointed Master
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BY THE COURT,
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v.
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01 - 3675
MICHAEL P. RADICH
LESLIE A. RADICH
CIVIL ACTION - LAW
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Michael P. Radich Plaintiff
Samuel L. Andes Counsel for Plaintiff
Leslie A. Radich Defendant
P. Richard Wagner , Counsel for Defendant
Yilll are directed to appear for a hearing to take
-
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvania on the
22nd
day
of
January
2002 at
9:00
a.m., at which
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
" ~rL
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Date of Order and
Notice: 10/24/01
By:
Divorce Master
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, PA 17013
TELEPHONE (717) 249-3166
"'TESTIMONY WILL BE LIMITED TO WE ISSUE OF THE DATE OF SEPARATION OF THE
PARIIES. COUNSEL ARE DIRECTED TO EXCHANGE WITNESS LISTS WIRTY (30)
DAYS PRIOR 10 WE HEARING.
-
,~I~"\W"':"~!/jI~'~"""","'c.,;"";"''''''~iI:1~~ ." ."".....~. ~......." ~..., ~'"d&~"6.."""~''',.",..,>tIl!_.~.--lI'''~~~~~);~.../&~~f.ij~lC~:,:;"'~i'.,,',/>'..
MICHAEL P. RADICH
IN THE COURT OF COMMON. PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01- 3675
LESLIE A. RADICH
CIVIL ACTION - LAW
IN DIVOPCE
OPDER AND NOTICE SETTING HEARING
TO: Michael P. Radich
Samuel L. Andes
Plaintiff
Counsel for Plaintiff
L(lslie A. Radich
P. Richard Wagner
Defendant
Counsel for Defendant
. ~ou are directed to appear for a hearing to take
test~y on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, pennsy 1vania on the 14th
oa\.
of February
, 2002
at
1:30
peme att \.:hi.c!':
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
"'"lh
, rge E. Hoffer, President Judge
Date of Order and
Notice: 1/29/02
By:
Divorce Master
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,
~ESTIMONY WILL BE
, ;F THE PARTIES.
CUMBERLAND COUNTY BAP ASSOCIATION
2 Lll3ERTY 1\VENUE
CAr~Ll SLL:. 1'/\ l70 J:,
,],F]'EP1l0\~1.: (.- l.j) )4 (~." 3 1 Cll)
LIMITED TO THE ISSUE OF THE DATE OF SEPARATION
SAMUEL L. ANDES
ATTORNEY AT LAW
525 NORTH TWELFTH STREET
P. O. BOX 168
LEMOYNE,PENNSYLVANIA 17043
TELEPHONE
(717) 781-5381
31 August 2001
FAX
(717) 781 -1435
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, Pa 17013
RE: Michael P. Radich vs. Leslie A. Radich
No. 01-3675 Civil Term
Dear Mr. Elicker:
I represent the Plaintiff in the above matter and recently filed a Motion for
Appointment of Master. I expect you should receive the file in the near future.
My client has filed an Affidavit under 3301 (d) alleging that the parties have
been separated since August of 1999 and that will be the basis of the divorce. The
Affidavit has been served upon Mrs. Radich's attorney, P. Richard Wagner, Esquire,
and I am certain he will send a copy of his response to you if and when it is filed.
At this time, the only economic relief requested by either party is equitable
distribution. If you have any questions about the case, please feel free to contact
my office. Thank you for your cooperation.
Sincerely,
s&es
amh
cc: P. Richard Wagner, Esquire
'0'-".'-"""'"
"
MICHAEL P. RADICH,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
LESLIE A. RADICH,
Defendant
NO. 01-3675 CIVIL TERM
IN DIVORCE
NOTICE TO DEFENDANT
If you wish to deny any of the statements set forth in this affidavit, you must file a
counteraffidavit within twenty (20) days after this affidavit has been served on you or the
statements will be admitted.
PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301ldl
OF THE DIVORCE CODE
1. The parties to this action separated in mid-August, 1999, and have continued to
live separately and apart for a period of at least two years.
2. The marriage is irretrievably broken.
3. 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.
I verify that the statements made in this affidavit are true and correct. I understand
hat false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating
o unsworn falsification to authorities.
Date: g polo /
.
//1L/ /21 /LL/
MICHAEL P. RADICH
II
.;,..
CERTIFICATE OF SERVICE
,':T~:,~~-__:,,"',
I hereby certify that on 28 August 2001 I served a copy of the foregoin9 document
upon counsel for Defendant by U.S. Mail, postage prepaid, addressed as follows:
P. Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PA 17110
mu I L. Andes
At rney for Plaintiff
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
II
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MICHAEL P. RADICH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VB.
NO. 01 - 3675 Civil
LESLIE A. RADICH,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
/f jl</
day of
1~
2002, there being no issue with respect to grounds for
divorce and no economic claims having been filed, the
appointment of the Master is vacated.
BY THE COURT,
cc: Samuel L. Andes
Attorney for Plaintiff
P. Richard Wagner
Attorney for Defendant
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MICHAEL P. RADICH,
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 01-3675 CIVIL TERM
LESLIE A. RADICH,
IN DIVORCE
PLAINTIFF'S PETiTION FOR ECONOMIC RELIEF
AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and
makes the following Petition for Economic Relief:
COUNT I - EQUITABLE DISTRIBUTION
1. During the course of the marriage, the parties have acquired numerous items of
property, both real and personal, which are held in joint names and in the individual names
of each of the parties hereto.
WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by
the Defendant, to equitably divide the property, both real and personal, owned by the
parties hereto as marital property.
COUNT II - COUNSEL FEES AND EXPENSES
2. Plaintiff is without sufficient funds to retain counsel to represent him in this
matter.
3. Without competent counsel, Plaintiff cannot adequately prosecute his claims
against Defendant and c.annot adequately litigate his rights in this matter.
4. Defendant enjoys a substantial income and is well able to bear the expense of
Plaintiff's attorney and the expenses of this litigation.
5. Although Plaintiff is employed, he has spent the majority of his available cash to
support the parties children and their household and does not have sufficient funds
remaining to pay the cost of this litigation.
< 6. The Defendant is employed and enjoys earnings sufficient to contribute toward
the cost of this litigation.
1
II
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7. Defendant, by her refusal to cooperate in this matter, and particularly by her
refusal to sign an Affidavit of Consent as she had promised to do, has complicated the
litigation of this matter and made the resolution of it far more difficult.
WHEREFORE, Plaintiff prays this Honorable Court to award him, and order the
Defendant to pay, his reasonable attorneys fees, costs, and expenses incurred in litigating
this matter.
&.._c\p~
Samuel L. Andes
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
2
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VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand
that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904
(unsworn falsification to authorities).
Date:
J",,,c, 3, 2002
J
/AL!iJ/;U/'
MICHAEL P. RADICH
II
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CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing Petition for Economic
Relief upon counsel for the Defendant herein by regular mail, postage prepaid, addressed
as follows:
P. Richard Wagner, Esquire
2233 North Front Street
Hershey, PA 17110
Date: 5 June 2002
~~
Attorney for Plaintiff
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Commonwealth of Pennsylvania
County of Cumberland, ss:
MICHAEL P. RADICH,
Plaintiff
In the Court of Common Pleas of
Cumberland County, Pennsylvania
vs.
No. 01-3675 Civil
LESLIE A. RADICH,
Defendant
In Divorce
Motoon for Appointment of Master
Michael P. Radich, Plaintiff moves the court to appoint a Master with respect to the
following claims:
(XX) Divorce
( ) Annulment
( ) Alimony
( ) Alimony Pendente Lite
(XX) Distribution of Property
( ) Support
(XX) Counsel Fees
(XX) Costs and Expenses
and in support of the motion states:
1. Discovery is complete as to the c1aim{s) for which the appointment of a Master is
requested.
2. The Defendant has appeared in the action personally by her attorney, P. Richard Wagner,
Esquire.
3. The statutory ground(s) for divorce are: Divorce, Distribution of Property, Counsel Fees
and Costs and Expenses.
4. Check the applicable paragraph(s).
( ) The action is not contested.
( ) An agreement has been reached with respect to the following claims:
()C ) The action is contested with respect to the following claims:
F>J\ E>Kc~t ~ViWc.Q..
5. The action does not in\7olve complex issues of law or fact.
6. The hearing is expected to take 1 day.
7. Additional information, if any, relevant to the motion:
t:. \t...l 2..U.1 <. _ C2 ~
D'" s~~ illa-
Attorney for Plaintiff
AND NOW,
is appointed Master WI
2002, f:;(l~ (~
respect to the following claims: Divorce
, Esquire,
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FILEO-QFFiCE
OF THE PROTHJN01~RY
02JUN-71\1'\11:20
CUMBERLpJ"D COUNTY
PENNSYLVANIA
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MICHAEL P. RADICH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 01 - 3675 CIVIL
LESLIE A. RADICH,
Defendant
IN DIVORCE
0...;:
, '
Proceedings held before
E. ROBERT ELICKER, II, DIVORCE MASTER,
9 North Hanover Street, Carlisle, Pennsylvania,
on Thursday, February 14, 2002,
commencing at 1:45 p.m.
APPEARANCES:
Samuel L. Andes
Attorney for Plaintiff
P. Richard Wagner
Attorney for Defendant
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INDEX TO WITNESSES
FOR THE PLAINTIFF
Michael P. Radich
DIRECT CROSS
5
30
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REDIRECT
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RECROSS
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INDEX TO EXHIBITS
FOR THE PLAINTIFF
IDENTIFIED
FOR THE DEFENDANT
IDENTIFIED
Ex. No. 1 - Title (Volkswagon) 40
Ex. No. 2 - Title (Volvo) 40
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THE MASTER: Today is Thursday, February 14,
2 2002. This is the date set for a hearing to take testimony
3 to establish the date of separation of the parties.
4 Present in the hearing room are the
5 Plaintiff, Michael P. Radich, and his counsel Samuel L.
6 Andes, and the Defendant, Leslie A. Radich, and her counsel
7 P. Richard Wagner.
8 We had an off the record discussion
9 regarding a matter involving the witnesses in this hearing
10
who would be presenting testimony.
Mr. Wagner appeared
11 today with some witnesses; Mr. Andes claimed that he was
12
not notified of the witnesses.
The Master had
13
specifically noted that the parties were to exchanged
14
witness lists thirty days prior to the hearing.
This
15 statement was on the notice directing a hearing for January
16 22, 2002. The hearing was continued and rescheduled for
17 today. Mr. Wagner indicated that Mr. Andes did not
18
present him with a list of witness.
The Master decided
19 that since neither counsel provided witness lists, he would
20 hear the testimony of the parties only. If they want to
21 make any objections or exceptions, they can do that at a
22 later time regarding the witnesses to be heard in this
23 proceeding.
24 The Plaintiff avers that the parties
25
separated August 1999; the Defendant avers the parties
4
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separated February 2001.
2 Following the Master's determination of the
3 date of separation, the parties will then be directed to
4 appear for a hearing to take testimony on the economic
5 issues. Before that hearing, however, the Master will
6 direct counsel to file pretrial statements and have a
7 pre-hearing conference with counsel to discuss the economic
8 claims.
9 Would you swear Mr. Radich, please.
o
10
11
12
13
Whereupon, MICHAEL P. RADICH, having been
duly Sworn, testified as follows:
MR. ANDES: With Mr. Wagner and the Master's
indulgence, I have some background information and I will
14 just lead him through this quickly.
15 DIRECT EXAMINATION
16 BY MR. ANDES:
17
18
19
20
Q
Mr. Radich, your full name is Michael P.
Radich; is that correct?
A Yes. Michael Paul.
Q
You reside at 6 Pamela Place in
21 Mechanicsburg?
22
23
24 1957?
25
o
A
Q
That's correct.
Your date of birth is the 26th of March
A
Correct.
5
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Q
You are married to Leslie A. Radich and the
2 two of you were married on the 17th of January of 1980; is
3 that correct?
4
A
Yes.
5 Q Her date of birth is the 30th of April 1957;
6 is that correct?
7
A
Correct.
8 Q The two of you have two daughters, Amy R.
9 Radich, who was born May 25, 1982, and Kristen,
10 K-r-i-s-t-e-n, L. Radich, born December 8, 1983; is that
11
12
13
correct?
A
Q
That's correct.
Going back to August of 1999, prior to that
14 time, were you and your wife and the two daughters residing
15 together in one household?
16 A Prior to 1999 not a hundred percent of the
17 time. There were times when she wasn't there, but, yes.
18
19
And where was that?
6 Pamela Place, Mechanicsburg.
Q
A
20 Q When you say there were times she was not
21 residing there, you mean your wife?
22
23
That's correct.
Where did she live when she did not live at
A
Q
24 6 Pamela place?
25
A
There were times when she would be out. We
6
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did not know where she was.
2
Q
Were these just an evening or one night or
3 was this for longer periods of time?
4
5
A
Nights, sometimes weekehds.
Q
Did that result in marital difficulties
6 between you and your wife?
7
8
A
Yes.
Q
How would you describe the state of your
9 marriage in August of 1999?
10
11
A
It was bad. There were definitely problems.
Q
Did you and your wife have discussions about
12 your marriage and plans for the future with regard to
13
staying married?
14
15
A
Not in regards to staying married.
Q
What did you talk about with regard to your
16 plans for the future?
17
A
Where we were going to live, separate, you
18 know, like, when and where we would get divorced, etc.
19 Financial matters mainly too.
20
Q
Well, let's talk then about the summer of
21 1999, did the two of you come to an agreement about
22 separating?
23
24
25
A
Yes.
Q
What was the agreement?
A
She would move to, I think, it was Chapel
7
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Avenue and I was going to move in with my parents and the
2 children would have a choice of where to go to school at
3 because we would both be residing in Central Dauphin East
4 School District and at the Carlisle School District.
5
Q
So her address on Chapel Avenue, was that in
6 Carlisle?
7
A
That's correct.
8 Q And the address at your parents is in the
9 Central Dauphin School District?
10
11
A
Q
Yes.
And so if the children -- if you gave the
12 children a choice, it would involve their moving from the
Cumberland Valley School District; is that right?
13
14
15
16 1999?
A
Q
That's correct.
That's where they were attending school in
17
18
That's correct.
What were you going to do with the house at
A
Q
19 6 Pamela Place?
20
21
22
23
24
25
In the beginning we were going to sell it
A
but --
Q Strike that. Before you go any further, as
of August of '99, up to that point, what was the plan on
the house, to sell it or keep it?
A August '99 we were going to sell it.
8
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Q
And after that, the plan changed?
2
A
The plan changed that I would stay in there
3 and the kids would stay in there.
4
Q
We will come back to that. Did, in fact,
5 the two of you separate in August of 1999?
6
A
Yes.
7
Q
And how so? Where did you move; where did
8 she move? Where did each of you live after that?
9
Well, the house didn't sell because the
A
10 septic system failed, so I stayed in the house. I never
11 did move, and the children never did move and Leslie moved
12 up to a place on Chapel Avenue.
13
Was that a house, an apartment, or what?
Q
14
It was a bottom floor of a house.
A
15
Q
That was where she lived in Carlisle?
16
A
Yes.
17
And was the house listed for sale at some
Q
18 point?
19
A
It was earlier. It was listed for sale and
20 then the first person that put paper work in on it -- they
21 have to go through certain procedures, a number of
22 inspections, and one of them was a septic check and the
23 septic system did not pass so we could not sell the house.
24
Q
So as a result of that, the house could not
25
be sold. Did that change your plans in any way?
9
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Yes.
How so?
3 A We could still reside in the house, I could
4 and the kids, but we could not sell the house. If we would
5 sell it, we would have to bring it up to standards and it
6 would cost us approximately $10,000.00 at that time.
7 Q Did you have the money at that time to make
8 those repairs to the septic system?
9
10
11 house?
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A
Q
No.
And so what did you do about selling the
A
The people who were going to buy it took us
to court and, I guess -- I don't know if they contacted
Leslie, I assume they did, but it was pushed on me and I
had to make a settlement of $800.00 to them, I think it
was, or more
Q To pay them?
A To pay them.
Q And did that then result in the cancellation
of their agreement to buy the house?
A Yes.
Q
From that point on, from August of 1999
where have you lived?
A I have always lived at 6 Pamela Place.
Q From August of '99 to the present?
10
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A
Correct.
Q
Did the girls stay there with you?
A
Both girls stayed there with me until
4 Kristen moved out about three weeks ago.
5
6
7
8 there?
9
10
11
Q
And went to live with her mother?
A
Yes, I assume.
Q
Okay. And is Amy still living with you
A
That's correct.
Q
Okay. Now, let's talk about your wife. She
moved to this apartment
or the first floor of this house
12 in Carlisle. After she moved there did she come back to
13
the house at 6 Pamela Place?
14
A
Yes, a couple of times a week. Most of the
15 time when we were not there but she did come back to do
16 laundry or different things.
17
Q
Well, when you say different things, she
18 came back and used the washer and dryer?
19
A
Yes, used the washer and dryer. She'd take
20 food. She would take different things. She took the VCR.
21 That's about it -- about two or three times a week.
22
23
24
25
come?
Q
Did she come when you were there?
A
Most of the time not.
Q
So what time of the day would she typically
11
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When I was probably at work or had soccer at
2 the school or something else was going on.
3
4 the night?
5
6 the couch.
7
Q
Okay. When she came did she stay and spend
A
A couple of times she did but she stayed on
Q
When you say a couple of times, let's talk
8 about from August of 1999 two years later, until the summer
9 of 2001, how many times did she spend the night at the
10 house?
11
A
In the very beginning, when she moved out,
12 it was rare but after the second year when she moved to
13
Franklin Street, like, she came once and tried to stay but
14 she made a threat and we had to have the police there.
15
Q
When she would come and stay, can you give
16 me a number of times from August until she moved in
17 February of 2001 to the Franklin Street address, did she
18 come and spend the night once or twice or 50 times or what?
19
20
21 together?
22
23
24
25
A
May be once every several weeks.
Q
And when she did, did you and she sleep
A
No. She stayed on the couch.
Q
And where did you stay?
A
In bed.
Q
During the times that she came to the house,
12
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did she eat meals with you and the children?
A No.
Q During the times that she would come to the
house would you and she do anything together, for instance,
did you do yard work together or did you do laundry when
she did laundry or did she clean the house, or did the two
of you clean the house together?
A No.
Q During that time did she clean the house
when she came back at all?
A
No.
Q When she used the washer and dryer, did she
use them just for her clothes or did she do your laundry
and the girls' laundry as well?
A Her clothes.
Q
A
Q
Just her clothes?
Yes.
Okay. During that time she was working; is
19 that correct?
20
21
A
Q
Yes.
Did she have a separate account that she put
22 her earnings into?
o
23
24
25
A
Q
Yes.
Do you know where that account was, what
bank or credit union?
13
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A I think it was Member's 1st. I think the
number was 23487.
Q
Did you have access to that money? Did you
4 get any of it?
o
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
A
Q
A
No.
Did she give any of it to you?
No.
Q Did she give you money to buy groceries or
anything of the sort?
A No.
Q
A
Did you give her money during that time?
If she needed stuff, she would take it out
of the account.
Q
A
Q
Now what account was that?
17244 at Member's 1st.
And that is an account that you put money
into?
A Yes.
Q And did she take money routinely every week
or only on rare occasions or how frequently?
21 A Did I take money --
22 Q No. Did she take money out of that account?
23 A Yes; but I do not know how frequently. I
24 don't remember. But if she needed it
e
25
Q
Did you pay any of her bills at this
14
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apartment?
2
A
Not directly but if she took money, she
3 might have used it for that.
4
Q
Well, that's my question. My question is:
5 You did not write checks to pay her electric bill or her
6 rent or anything also?
7
A
No.
8
THE MASTER: There were two accounts; is
9 that right?
10
THE WITNESS: Yes.
11
THE MASTER: So I understand this. She had
12 her separate account and then you had a joint account?
13
THE WITNESS: Yes.
14
THE MASTER: She was taking money out of the
15 joint account as she needed it?
16
THE WITNESS: Yes. And there was enough to
17 pay my bills but we did fall behind because she had used
18 the credit cards and we fell pretty far behind on them. We
19 cleared them up once and then we fell really behind again
20 and I am still in the process of clearing that up.
21 BY MR. ANDES:
22
Okay. During that time, did she pay any of
Q
23 the expenses at the house? For example, did she pay any
24 utility bills at Pamela Place?
25
No. It came out of the 17244 account; not
A
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out of her account.
2
3
Q
Who wrote the checks to do that?
A
I wrote most of them, I guess, but she did
4 write some of those, I assume. I don't know, because some
5 things she had the checkbook on.
6
Q
Did she put any money into that account
7 during that time?
8
A
I couldn't answer that. I know her account
9 -- I think her payroll statement went to her account.
10
11 alone?
12
13
Q
Went into the account that was in her name
A
23487 but I am not sure.
Q
Okay. Did she pay the mortgage on the house
14 or the taxes on the house?
15
16
17
18
A
I paid that.
Q
You paid those? From your earnings?
A
Yes.
Q
During that time did the two of you do
19 anything socially together? Did you go out to dinner, for
20 example?
21
22 period?
23
24
25
A
No; unless there was -- during that two-year
Q
Um-hum.
A
No.
Q
You told me earlier that she was concerned
16
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about keeping up appearances with the academics.
2
A
Yes. If we had, like, a dinner or going
3 if she was invited somewhere, yes, we all had to go because
4 of the appearances of keeping up as a family.
5
6
7
8 at Dickinson?
9
A
10
11
12
13
A
14
Q
Is that what she told you?
A
Yes. She called it her academia.
Q
Academia. Is that having to do with her job
Yes.
Q
How often did that happen?
A
Very rarely.
Q
Well -- once a year, once a month, what?
Maybe two or three times a year.
Q
All right. Did you take her to your
15 functions at your work or your social functions that you
16 attended?
17
18
A
No. I don't have any social functions.
Q
Did you and your wife go out socially alone?
19 Did you go to dinner? Did you go to the movies or anything
20 of the sort?
21
22
A
No.
Q
During this time your daughters were
23 attending what school?
24
A
During the two-year period Carlisle. They
25
chose to go to Carlisle. This year Kristen did half a year
17
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at Cumberland Valley. Amy is at HACC.
Q Let's talk about 1999 to February of 2001.
After she moved to Carlisle, the girls were enrolled in the
Carlisle Schools; is that right?
A That's right.
Q Did they live with her in Carlisle?
A No. They lived with me.
Q
A
They continued to live at your place?
Yes. And then the following year she came
10 back to the house, when we had to have the police there,
11 she said that if they did not go with her to live in
12 Carlisle she would have them kicked out of school there.
13
She went to the school and had them kicked out of school
14 there and we had to go to court, or whatever you did, I
15 don't know --
16
Q
We got a court order to get them back in to
17 school.
18 A And one thing too, when you talk about
19 social things, Amy and I have a PFA against her so we can't
20 associate with her.
21
22
Q
When did you obtain --
THE MASTER: I'm sorry. Amy and you. Who
23 is Amy?
24
25
MR. ANDES: Amy is the older daughter.
BY MR. ANDES:
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Q
When did you and Amy obtain the PFA if you
2 recall?
3
A
I'm not sure of the exact time. It was --
4
October will be a year and a half
September.
5
Q
Okay. So sometime in 2001 is when you
6 obtained the PFA?
7
A
Yes.
8
Q
Okay.
9
A
So we can't do anything socially, or we
10 don't want to either.
11
Q
All right. Now, during -
12
THE MASTER: Excuse me. Do you have a
13
specific date for that PFA?
14
MR. ANDES: I do. I have a copy -- I have a
15 final order of court dated the 23rd of April 2001.
16 Plaintiff's Michael P. Radich and Amy R. and the Defendant
17 is Leslie Ann. Do you want the term and number?
18
THE MASTER: No. I was interested in the
19 date as to when this occurred in relation to her alleged
20 date of separation.
21
MR. ANDES: Right.
22
THE WITNESS: And there are incidents that
23 happened, you know, previous to that so it was a number of
24 them.
25
BY MR. ANDES:
19
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Q Well, there was a problem starting in the
spring of 2001, you alluded to it earlier, when your wife
came home to the children and said you must live with me.
When did that occur approximately?
5 MR. WAGNER: Excuse me. I'm going to object
6 to the relevance.
7 THE MASTER: Why?
8 MR. WAGNER: The spring of 2001 is beyond
9 either persons alleged separation date. It is not relevant
10 to the determination of whether it is August or February.
11
MR. ANDES: Well, I want to explain why the
12 PFA was obtained because I don't want to leave the
o
13
14
impression on the record or with the Master that the PFA
was obtained only after the date of separation. It was the
15 separation and then there were events that occurred in
16 early 2001 when led to the PFA.
17 THE MASTER: Wife alleges that they
18 separated February of 2001. This PFA was entered in April
19 2001?
20
21
MR. ANDES: That's right.
THE MASTER: Now, what is your purpose again
22 in offering this testimony on the PFA because he is
23 objecting to the relevance?
24 MR. ANDES: The reason I believe it is
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relevant to get into this information is because there was
20
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a change in Mrs. Radich's conduct, she came back to the
2 marital residence and demanded the children live with her
3 and when they would not, she did a series of things that
4 resulted in the PFA.
5
THE MASTER: Why don't you develop that. I
6 will let him develop it in terms of some time frame.
7
MR. WAGNER: When did she come back and do
8 this? After February 2001.
9
THE MASTER: That's what I need to let him
10 develop.
11
MR. WAGNER: But if it is after February
12 2001, then it does not go to the issue of separation, and
13
you just said, yes, it's activities post 2001.
14
MR. ANDES: Okay. Some of it predates 2001.
15
THE MASTER: Some of whatever you're going
16 to have him testify to, whatever that is, why don't we deal
17 with what happened prior to February of 2001. We know, for
18 the record, there was a PFA order entered April 2001; but
19 direct your inquiry to what happened prior to her alleged
20 date of separation.
21 BY MR. ANDES:
22
Let's talk about the problems that occurred
Q
23 with Leslie prior to April of 2001 that led in part to the
24 PFA?
25
MR. WAGNER: I have to renew the objection.
21
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What is the relevancy to this. This is not relevant to the
date of separation. This goes to conduct that leads to the
filing of a PFA. It's been adjudicated by a judge.
MR. ANDES: But wait a minute, Rich, with
all due respect, it does go to the date of separation
because the parties' conduct during that period of time
tell us something about their intentions.
THE MASTER: The parties' conduct is
relevant to the date of establishing when they separated
and I am going to let him proceed with this.
BY MR. ANDES:
Q Go ahead.
A Prior, and I think the dates are back to
2000 definitely and even earlier -- I don't know the exact
dates but definitely back to when she moved out, and this
16 is why she moved out. One of the reasons was she could not
17 control her temper around my oldest daughter and my oldest
18 daughter would have had to move with me no matter which
19 school she went to, and that's why we had to separate and
20 she would not go get counseling and she would not do
21 anything to control her behavior and when I'm not around
22 she would lose it. She would lose it even when I was
23 there.
o
24
25
Q All right. During these bouts when she lost
her temper, did she become violent?
22
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A
She broke a lot of things in the house. She
2 would be violent. She beat my daughter, kicked my
3 daughter, punched my daughter. We went over this at the
4 hearing.
5
Q
And when you say your daughter, she beat
6 her, struck your daughter, kicked your daughter, which
7 daughter?
8
A
Amy, the oldest one.
9
Q
Was there a particular bitterness or poor
10 relations between your wife and Amy during that time?
11
A
Yes. My older daughter cannot be around
12 her; does not want anything to do with her.
13
THE MASTER: Now, my question then would be,
14 and I am perhaps jumping ahead, how did these matters
15 involving your daughter affect your marital relationship?
16
THE WITNESS: It affected our marital
17 relationship in that I could not trust her with my
18 daughter, and I am pulling her off for beating my daughter
19 it's not a good relationship that a child should have to
20 be raised in a home like that.
21 BY MR. ANDES:
22
Q
Did it cause you concern about leaving your
23 wife?
24
MR. WAGNER: I knew it, this is -- he says
25
they separated August of 1999 now he is testifying that my
23
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client is being pulled off of Amy some time in 2000. If
2 they separated in '99 then what he is telling us happened
3 post August '99 is not relevant to his position.
4
MR. ANDES: With all due respect, it is
5 relevant because Mrs. Radich is telling us that they did
6 not separate until 2001 and she is painting a picture that
7 they were happily married and just living apart for
8 convenience --
9
MR. WAGNER: My client has not testified
10 yet.
11
MR. ANDES: Well, I know that, but I know
12 what you've told me Mr. Wagner and I am anticipating that
13
and I think this is very relevant. Not only that but I
14 thought he said, and I'll ask him to clarify that, that
15 some of these things go back prior to 2000; some of these
16 problems. I think that it is very relevant.
17
THE MASTER: When did your wife leave the
18 Pamela Drive residence?
19
THE WITNESS:
It was around August 1999,
20 she moved out
21
THE MASTER: She left. All right. Now,
22 that's what I thought you said, so that is the day that you
23 say that you and your wife separated. This contact between
24 your wife and your daughter, what does that have to do with
25
your living in the same environment together?
24
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THE WITNESS: That is why we separated --
2 that was one of the main reasons why we had to separate --
3
THE MASTER: But you separated before the
4 events -- this is what Mr. Wagner is saying -- you're
5 testifying to events that occurred in the year 2000?
6
THE WITNESS: Right
7 BY THE MASTER:
8 Q But you are saying that you separated in
9 August of '99. You were testifying about events that
10 occurred with your daughter and her mother in 2000.
11
A
Well -- and they happened prior to August of
12 1999.
13
Q
Well, then let's talk about what happened
14 prior to August 1999. What you are really testifying to is
15 what occurred prior to your actual alleged date of
16 separation?
17
A
Right.
18
THE MASTER: Let Mr. Andes pick it up here.
19 BY MR. ANDES:
20
Q
Let's talk first of all about the problems
21 that the family had, and particularly problems between you
22 and Leslie, that caused you to separate in August of 1999.
23
A
Okay. Prior to August 1999, at different
24
times she would lose her temper. She would
in one of
25
the incidences slam my daughter into a garage door and she
25
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had trouble breathing. There were times when I had to pull
2 her off of her and she was punching her and as I am holding
3 her she is still kicking her and stuff, and she would not
4 get counseling. She would not go for counseling. This is
5 a major problem because I cannot leave my daughters alone
6 with her. She would be out, you know, different places
7 going around. I found out, like, once that, yeah, she went
8 to like a -- my kids called it a fraternity house up at
9 Lycoming College or something for a weekend. I am against
10 it. I didn't support it but I had no control and there
11 were just so many things that happened that you try to work
12 it out and try to keep your family together
13
Um-hum.
Q
14
-- and I didn't realize that under the whole
A
15 time until, like -- I went to Domestic Relations because
16 she threatened my life -- she is just out of control. They
17 told me about control manipulation, how you can be
18 manipulated into trying to keep something together that is
19 not working and, you know, we drew it down. She had to get
20 counseling. She had to try and work on this problem and
21 that's why we separated. Amy was going to go with me.
22 Q Now, let's go back prior to the time you
23 separated. What you've talked a little bit about -- when
24 you say Domestic Relations, you mean the office you went to
25
file the PFA?
26
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The PFA, yes.
And that was filed in 2001?
That's correct.
So forget about that. Let's go back
5 earlier. Did you ask your wife to go to counseling and
6 seek help for her temper?
7
8
A
Q
Yes.
Did you ask her to stop going out without
9 you and staying out late at night and overnight, as you
10 have testified to earlier?
11
12 would do that.
13
14
15
A
Q
A
Q
Yes, and she would lose her temper when I
And did she stop doing that?
No.
How frequently did she go out and spend the
16 night away from home, when she was gone all night, was that
17 rarely, once a year, once a month, what?
18
19
A
Q
Several times a month.
Okay. And when she would come back and you
20 would talk to her, did she tell you where she was?
21
22
23 she was?
24
A
Q
A
No.
And how did she react when you asked where
She would get very hostile. In fact, I
25
found out that she went to that fraternity house from the
27
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guy who came to visit -- no, we went to his -- I don't know
where we met him but we met him outside of the house and
3 that's when I found that out.
o
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5
6
7
8
9
10
11
12
13
Q
And that took place prior to August of 1999?
A Yes.
Q And when you asked your wife to stop this,
she became angry?
A Yes.
Q And she did not stop it?
A No. And stuff would get broken or damaged.
Q How many of these incidents that you've
described where she was physically violent toward Amy,
about how many of those occurred prior to your separation?
14 Was this one or two or more than that?
15
16
17
18
A
Q
A lot more than that. Probably 50 or more.
All right.
MR. WAGNER: Excuse me. 50 or more?
THE WITNESS: Yes. As far as -- if you're
19 talking about, like, physical beatings, I learned from
20 Domestic Relations, abuse would be, like, she took my
21 daughter's CDs and would break them one at a time, and ask,
22 do you like this one, what do you think of that, and would
23 do things like that. I call that abuse too.
24 BY MR. ANDES:
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25
Q
So that's included in the total number of 50
28
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of these incidents?
2
A
Yes.
3
Q
And she would take things that the girls
4 cherished and break them in front of the children?
5
A
Yes.
6
Did you talk to her about that and ask her
Q
7 to stop doing that?
8
A
Yes. We tried to discuss it and after a
9 while it just -- we didn't; that's why we separated because
10 it would do no good. It just ended up that I would have to
11 repair more things.
12
Q
Now, after you separated, the girls were
13
going to school in Carlisle. How did they get to school?
14
They drove or the very beginning we would
A
15 drive them -- I would drive them or they would get rides.
16 Then we got them vehicles and they would drive themselves.
17
Q
Were they involved in school activities, and
18 I am talking particularly about sports, like, soccer?
19
A
Soccer.
20
Q
Okay. Did they play in soccer games?
21
A
Yes.
22
Q
Did you attend the soccer games?
23
A
Yes, as many as I could. I coach also at
24 Carlisle so if there was a conflict at the junior high
25
level with the varsity, which usually there was not, I
29
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couldn't attend or if they were too far away, like, if they
2 were in Chambersburg and I had to be in Carlisle, I could
3 not make the game but every game that I could make, I was
4 at all of their games.
5
So you coached at the junior high level and
Q
6 there were times when your coaching obligations created a
7 conflict that you could not get to the girls' games?
8
That's correct.
A
9
Q
Did you and your wife attend those games
10 together during that time?
11
No. She didn't attend that I can remember.
A
12
You do not remember her attending at all?
Q
13
I saw her at one match sitting with a woman
A
14 but I do not know who it was.
15
Q
But you did not pick her up and you did not
16 take her to the games and she did not pick you up and you
17 two did not meet there and go together?
18
A
No.
19
Q
Okay.
20
MR. ANDES: That's all of the questions I
21 have.
22
THE MASTER: Cross-examine.
23 CROSS-EXAMINATION
24 BY MR. WAGNER:
25
Q
In August of 1999 how would you describe the
30
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state of your love towards one another?
2
A
Our marriage was bad.
3
Q
Was it over with at that point?
4
A
Yes.
5
Q
Did you stop loving your wife as of August
6 of '99?
7
THE MASTER: I assume he knows what you mean
8 by love? That's a pretty big word.
9
THE WITNESS: Yeah, could you explain how
10 you interpret that?
11 BY MR. WAGNER:
12
That's my question to you, sir. Were you in
Q
13
love with your wife as of August of 1999?
14
MR. ANDES: Well, I think that is a
15 legitimate clarification --
16
THE MASTER: Well, let him answer the
17 question.
18
THE WITNESS: Well, I felt sorry for the
19 situation we were in. I did not wish her any ill will.
20 BY MR. WAGNER:
21
Q
So you did not love her?
22
I don't know what your definition of love
A
23 is. I did not wish her ill will. I think, you know, yes,
24 she is an animal towards, like, the kids and stuff but --
25
you can't love somebody who hurts your children.
31
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3
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So you were not in love with her after
Yes. No marital love.
Now, in August of 1999 was there an
5 apartment rented by Leslie in Carlisle that you are aware
6 of?
7
8
A
Q
Could you repeat that again?
Yes. In August, when you and she separated,
9 where did your wife move?
10
11 Avenue.
12
13
Chapel Avenue?
14
15 am not sure.
16
17 else?
18
A
A
Q
A
Q
I think she moved to a place on Chapel
And how long did she stay at the place on
I'm not sure. Almost a year, I assume. I
Did she move from Chapel Avenue to somewhere
Then after Chapel Avenue -- I don't know the
19 date -- she moved to Franklin Street or Franklin something
20 in Carlisle.
21
22 Street address?
23
24 the house.
25
Q
A
Q
Did you ever visit her at the Franklin
I went up to get our vacuum cleaner back for
Did you ever visit her at Chapel Avenue?
32
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I've been there a couple of times to get
2 stuff back, probably. I can't remember.
3
Q
Now, in August of 1999 did you and your
4 wife, on behalf of your two daughters, have discussions
5 concerning locating a residence in Carlisle for purposes of
6 establishing residence solely so your daughters could go to
7 Carlisle?
8
A
No; not solely so that they could go to
9 Carlisle.
10
Q
Was that one of the reasons that you wanted
11 to get an apartment or a location in Carlisle?
12
That I wanted?
A
13
Was there ever a discussion that the family
Q
14 had of getting an apartment in Carlisle, one of the
15 purposes of which was so that the daughters could attend
16 Carlisle High School and play soccer?
17
A
When -- okay, I'm going to answer this.
18 With Carlisle -- I'm familiar with their program there and
19 the girls are, so, yes, that was one of the options with
20 their mother living there why they would choose between
21 Central Dauphin East and Carlisle.
22
Q
Well, it is not Central Dauphin East, it
23 would be Cumberland Valley or Carlisle, correct?
24
A
Well, originally when you're talking August
25
of '99 we were talking that we would be going over to live
33
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at Central Dauphin -- near Central Dauphin East
in the
2 Central Dauphin School District and that she was living in
3 Carlisle, so the choices would not have been Cumberland
4 Valley at that time, but shortly after that when the house
5 fell through, we did not have a choice, so we would be in
6 Cumberland Valley.
7
Q
Sir, throughout the calender year of 2000
8 did you visit your wife at her place of employment on any
9 occasions?
10
A
Prior to 2000?
11
Q
During the calender year of 2000 did you
12 visit your wife at her place of employment at Dickinson
13
College?
14
A
Yes, I could have.
15
Q
Could you tell us how many times you visited
16 her at Dickinson College at her place of employment?
17
Well, it's not visited, it would have been
A
18 for a specific purpose, but if I went there I don't
19 remember the exact --
20
Do you have a recollection of whether you
Q
21 went to her place of employment at Dickinson more than ten
22 times in the calender year of 2000 or less than ten times?
23
I don't know. I would say less than ten
A
24 times. I do not know.
25
Q
You didn't visit there regularly during the
34
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calender year of 2000 to use, for example, her computer at
2 work?
3
A
Not to my knowledge. I could not use her
4 computer because I don't have the user ID or password.
5
Q
Did you ever visit
I think you told us
6 that you visited the Franklin Street apartment. Could you
7 tell us, is that a home, is it an apartment, what is that,
8 if you know?
9
A
It looked like a house and it was divided, I
10 guess, the first floor she was living there and, I guess,
11 someone was living on the second floor. I don't know. I
12 don't know how the second floor was divided. But the whole
13
first floor was --
14
Q
After the separation in August of 1999 did
15 you and your wife refinance your marital home?
16
17
18
19
20
21
22
23
A
Yes.
Q
When did you do that?
I don't remember the date.
Did you do it in March of 2000?
I don't remember the date, sir.
But it was after August of 1999?
A
Q
A
Q
A
Yes.
Q
Did you go to a settlement where you signed
24 documents and papers and the bank loaned money and so
25
forth?
35
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Yes. We were in deep financial trouble and
Q
Were you required to certify your residence
4 at that point?
5 A Not to my knowledge.
6 Q Did you certify your residence of you and
7 Leslie as 6 Pamela Place?
8
9
10
11
year 2000?
12 automobiles.
13
14 you?
15
16
A
I said not to my knowledge, sir.
Did you buy any automobiles in the calender
Q
A
I'm not sure of the date. We did buy
Q
You bought one for each of the girls, didn't
A
Q
That's correct.
You signed affidavits under oath in order to
17 make those transfers, did you not?
18
A
We signed some papers. We didn't make an
19 oath or whatever.
20
21 you?
22
23
Q
You had to sign in front of a notary, didn't
A
Q
Oh, okay. Yes.
And didn't you swear -- when it was
24 notarized, didn't you swear that the information that you
25
put on that certificate was true and accurate to the best
36
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of your knowledge?
2
A
3 signed papers.
4
Q
She didn't ask that. I don't know. I just
What was the address listed on the documents
5 as the address of you and your wife?
6
A
Probably where the kids lived, sir, because
7 they were their cars.
8
Q
Sir, I'll show you what appears to be the
9 back side of a certificate of title for a sedan 1990
10 Volkswagon that appears as though there is certification by
11 you, signed by you and your wife and it appears as though
12 this occurred November 17th of the year 2000, I ask you
13
first of all, is that your signature, sir?
14
A
15
Q
16 Place?
17
A
18
Q
19 Radich?
20
A
21
Q
22
23
24 BY MR. WAGNER:
25
Q
Yes, it is.
And does that list your address as 6 Pamela
Yes, it does.
And what does it list the address of Mrs.
She is a co-purchaser so --
What is the address, sir?
MR. ANDES: It does not list her address.
THE WITNESS: It does not list her address.
What is the address, sir, right here under
37
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the purchasers column (indicating)?
2
MR. ANDES: Well, let me object to the
3 question. The form has one address and it has two names.
4 There is no space to list a separate address for anyone
5 else. He answered it.
6
MR. WAGNER: No, he did not answer it; Mr.
7 Andes answered it.
8
THE MASTER: Now, wait a minute. I'll let
9 the record speak for itself. will you, please proceed with
10 the question and answer. I'll look at the document. I
11 understand what it means.
12 BY MR. WAGNER:
13
What is the address listed under both of
Q
14 your names?
15
MR. ANDES: Same objection. The Master has
ruled that he will let the document speak for itself .
THE MASTER: There is an address on it?
MR. WAGNER: There is an address on it.
THE MASTER: And there are two names on it.
16
17
18
19
20 BY MR. WAGNER:
21
Q
And your signature appears under the
22 address?
23
THE MASTER: And his signature appears, and
24 that's what I got out of it.
25
MR. ANDES: And we ought to mark this, I
38
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guess, as an exhibit.
2 MR. WAGNER: I intend to do that.
3 MR. ANDES: Well, if we are going to have
4 him testify about a document, I would like to have it
5 marked so the record will identify what he is answering
6 about.
7
8
9
10
MR. WAGNER: I identified it with a name of
the vehicle so we are not confused by it.
BY MR. WAGNER:
Q I am going to show you a second one,
sir.
11 It is a 1988 Volvo certificate of title
c'
12
13
14
MR. ANDES: I am going to object to him
asking questions about a document that is not marked for
the record. I do not mean to be terribly difficult but
15 later if we have to reconstruct this, we have got --
16 THE MASTER: Mr. Wagner, do you intend to
17 offer these as exhibits --
18
MR. WAGNER: Through my client to identify
19 the circumstances surrounding these
20 THE MASTER: Well, you can offer them now.
21 You can identify them now and then she can direct her
22
23
testimony --
MR. WAGNER: I can do that. It is six to
e
24 one and half a dozen of the other.
25
THE MASTER: That's exactly right, and it is
39
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just as easy to have them marked now.
2 (Whereupon, Defendant's Exhibit No.1
3 was marked for identification.)
4 MR. WAGNER: Thank you. That's been marked
5 as Defendant's Exhibit No.1; that happens to be the title
6 to the 1990 Volkswagon dated November 17, 2000. Let's mark
7 this Exhibit No.2, please.
8 (Whereupon, Defendant's Exhibit NO.2
9 was marked for identification.)
10 BY MR. WAGNER:
11
12
13
Q
Let me show you what has been marked as
e
Exhibit No.2. It appears to be a title for the 1988
Volvo. First of all, for whom was the Volvo purchased?
14 A For my oldest daughter Amy Radich.
15 Q And that was what date, sir?
16 A 7/11/2000.
17 Q So that would be July the 11th 2000?
18 A Yes.
19 Q Does your signature appear where it says
20 purchaser?
21 A Purchaser signature, yes.
22 Q Does your wife's signature appear where it
23 says purchaser?
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24
25
A
Q
No, it's under co-purchaser.
What is the address for the purchaser and
40
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co-purchaser?
2
A
For the purchaser, the address is 6 Pamela
3 Place, Mechanicsburg, Pennsylvania 17055, and there is no
4 place for the co-purchaser's address.
5
Q
And no one wrote in the margin or no one put
6 in parenthesis that Leslie Radich did not live at 6 Pamela
7 Place, did they?
8
No, there is nothing on here, sir.
A
9
Then is exhibit NO.1 dated 11/17/00, what
Q
10 was that vehicle purchased for?
11
The Volkswagon was purchased for Kristen
A
12 Radich, my youngest daughter?
13
Same questions, there is no indication in
Q
14 any margin or any parenthesis that Mrs. Radich has any
15 other address other than 6 Pamela Place, Mechanicsburg,
16 does it?
17
No, sir.
A
18
You just told us a moment ago that you guys
Q
19 were not living together as of this date, why didn't you
20 put somewhere on that form that Leslie Radich was not
21 living at that address?
22
A
We used the address where the children whose
23 cars they would be, that they were living with me. It a
24
purchaser and it
there is only one block. I didn't
25
think of that.
41
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Why didn't you purchase it in your own name?
A
In one name?
Q
Yeah, why didn't you put it in your name?
4 The girls were living with you; Leslie is not, why didn't
5 you just put it in your name?
6
A
Because the Watson's were friends of hers,
7 and in fact, Linda Watson is her secretary or something so,
8 you know, I guess -- I don't know the reason -- I can't
9 remember why we did it.
10
11 you know?
12
13
14
Q
How was the money paid for the vehicles, if
A
Out of the account.
Q
What account, sir.
A
I'm not sure. I know it was not 23487. It
15 was probably out of 17244.
16
17 work?
18
19
20
21
Q
Do you have a computer at your place of
A
Yes.
Q
And you have e-mail on that computer?
A
Not anymore.
Q
Did you have e-mail throughout the calender
22 year 2000 and at the beginning of 2001?
23
24
25
another?
A
Well, we have Lotus notes.
Q
Would you and Leslie regularly e-mail one
42
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Yes.
Q
Does this appear to be an e-mail from you to
3 her dated the 25th of October 2000?
4
5
A
(No response) .
Q
Excuse me, sir. Is that an e-mail that you
6 sent to your wife?
7
8
A
No. My e-mail does not show up this way.
Q
So you're testifying that that is not an
9 e-mail from you to your wife?
10
A
I'm just telling you that the government
11 does not show up, like, the form like this.
shows up, to your wife?
A No - - well, I can't say I didn't send it but
it could have been changed. Mine does not set up this
format. The government does not set up a format like this.
Q Would that format be the receivers format?
A No, that would be the senders - - if I'm the
12
o 13
14
15
16
17
18
Q
Did you send that e-mail, no matter how it
19 sender that is not my format.
20
Q
So you're telling us that the content of
21 that e-mail was never sent by you to Mrs. Radich?
22
23
24 content to her?
c
25
A
I --
Q
Look at the content. Did you send that
THE MASTER: Do you have other e-mails?
43
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MR. WAGNER: Yes.
THE MASTER: Let's take a break so he can
3 have a chance to look over them.
4 (Whereupon, a recess was taken.)
5 AFTER RECESS
6
7
8 BY MR. WAGNER:
9
10 award speech?
11
12
THE MASTER: Mr. Wagner
MR. WAGNER: Thank you.
Q
Sir, on November 2000 did you give an MVP
A
I don't remember, sir.
Q
I'm going to show what appears to be an
13
e-mail dated Monday, November 20, 2000. It appears to be
14 from you to Leslie, your wife, and the subject is the
15 review by Leslie of your MVP award speech. First of all,
16 does that refresh your recollection that you gave an MVP
17 award speech?
18
19
20 MVP award?
21
A
No, sir.
Q
You don't remember giving a speech about an
A
Let me read this (reading). I coached
22 soccer (reading) -- well, this says Tyler Stinson from
23 Carlisle received the MVP. My recollection was Tony
24 Francovia and somebody else got the awards.
25
THE MASTER: Let's move this along here. If
44
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you don't remember, then you don't remember.
2 BY MR. WAGNER:
3
Q
Did you give a speech?
4
A
I gave a speech in the fall. I do not
5 remember the time.
6
Q
-Is the subject of that speech in that
7 e-mail?
8
(NO response) .
A
9
Q
My question to you, sir, is: In November of
10 2000, having all of the animosity between you and your
11 wife, why -- is that an e-mail --
12
Wait. I lost your first question about the
A
13
subject of the speech. This says MVP award speech. I'm
14 not sure of the title but --
15
Did you send the content of that document to
Q
16 Leslie Radich bye-mail?
17
This e-mail -- this does not look like my
A
18 e-mail --
19
Did you send the content of that to Leslie?
Q
20
The words, yeah, there could have been,
A
21 like, I did use these type of words but not -- this does
22 not look right.
23
Q
Why did you ask Leslie for her input
24 concerning an MVP speech in soccer in November 2000 if you
25
were not living together?
45
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The one kid that I can't remember his name,
2 his dad is a professor at Dickinson, yes, I did ask her for
3 certain her opinions on things.
4 Q I'm going to show you, well, first of all,
5 what is your e-mail address?
6
A
Michael underscore P underscore Radich at
7 FMSO dot Navy dot Mil.
8
Q
As I show you each one of these documents
9 and I give you the date, you tell me if that is not your
10 e-mail. Okay. The next one is the 26th of October 2000,
11 do you remember sending the content of that e-mail to your
12 wife?
13
A
I don't remember the content of these
14 e-mails and this e-mail does not match the way my e-mail is
15 sent out.
16
But it matches the way it is received by
Q
17 Leslie, does it not?
18
No. It sends the same way no matter who
A
19 receives it because, like, I just sent him an e-mail and
20 it's definitely not even close to this.
21
You did not send Leslie an e-mail that had
Q
22 information concerning lunch money for you and certain
23 chores to be done around the house, in the fall of 2000?
24 You didn't do that?
25
I sent e-mails that had content like this
A
46
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4
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22
23
24
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but this is not - - it does not look like my format.
THE MASTER: Let's not worry about the
format. I don't care about the format. Did you - - the
content is what I am interested in. Did you send that
e-mail with that content? I don't care about the format.
THE WITNESS:
(Reading). Yes, the content
-- yes, I could have sent that content. Yes, things were
very tight.
BY MR. WAGNER:
Q (Reading) It is lunch time and I have a
1:00 meeting. Amy needs money for tonight. Might as well
give the same to Krissy to be fair. It goes down through.
(Reading) Remind me to check the car's exhaust. It is on
my list of things to do. Why would you send an e-mail
talking about lunch money and your dates for meetings and
information concerning taxes? Why would you send that to
Leslie in October of 2000 if you guys didn't love each
other and you weren't living together?
A Because financially at that time we were
several months behind on most of our bills, finances were
tight. She would take money out there was not money
left, you know, for, like, even the common things, like,
groceries, kid's lunch money, and yes, I could do without
Q Did you end it by saying, I love you?
47
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Yes.
2
Q
And that's October of 2000?
3
A
Yes.
4
Q
October 25th, 2000, is the content of that
5 e-mail something that you sent to your wife?
6
A
(Reading) .
7
THE MASTER: I thought you read all of these
8 e-mails when I was out of the room.
9
THE WITNESS: Well, I did.
10
THE MASTER: All right. Well
11
MR. ANDES: He didn't read them all. There
12 is a hundred and some pages -- he read parts of them.
13
THE MASTER: Are we going to go through all
14 of them?
15
MR. WAGNER: Well, I suggest to the Master
16 that the questioning that is being done is to the content.
17 They looked at the content. They looked at how it was done
18 and I suggest to you that this is just a way to avoid the
19 actual answer to a question, is the content of the e-mail
20 something sent, and that is what we are getting to.
21
THE MASTER: Now, wait a minute. What do
22 you think they are doing? I am not interested in the
23 format. I am not paying any attention to that. I am
24 interested in whether the content was sent by him to his
25
wife.
48
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4
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19
20
21
22
23
24
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MR. WAGNER: Correct.
THE MASTER: And he looked over something
for 10 or 15 minutes while I was out of the room.
MR. WAGNER: It was these documents.
THE MASTER: So now, did he send these
documents or didn't he.
THE WITNESS: That last one I don't think I
sent.
MR. ANDES: There are -- I didn't count them
-- there are between 50 and 100 pages of those. He read
some of them and he handed them to me. I was able to read
THE MASTER: Well, you wouldn't know if he
sent them.
MR. ANDES: Well, no. But just in terms of
reading, I didn't have a chance to read them all. Many of
them are not directed to her, they are copies of e-mails to
other people apparently. For him to answer whether he sent
an e-mail with that content, he has to read it.
THE MASTER: Are you suggesting that we need
to have some time for him to review these e-mails?
MR. ANDES: No, I don't think we need to
have that.
THE MASTER: I don't want to sit here and
wait until he reads everyone of these e-mails while he is
49
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being questioned about it and go through everyone of these
2 e-mails.
3
MR. ANDES: I understand that. But if he is
4 going to be asked questions about the e-mails, he has to
5 have it in front of him to be able to look at it.
6
THE MASTER: Well, then do you want time to
7 review the e-mails?
8
MR. ANDES: Well, we've had time to review
9 the e-mails --
10
THE MASTER: No, you haven't. Actually what
11 has happened here is we have evidence that has not been
12 shared with counsel, exhibits that have not been exchanged,
13
and now we are coming in here to a hearing and we going
14 through the exhibits. We are not going to finish today
15 anyway so I am going to continue this hearing and we are
16 going to reschedule it at another time. This is adjourned.
17 You can get your exhibits together and then I will listen
18 to the rest of the case.
19 (Whereupon, Court was adjourned at 2:55
20 p.m.)
21
22
23
24
25
50
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CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me
on the above cause and that this is a correct transcript
of same.
(0
J~~
Official Court Reporter
The foregoing record of the proceedings on
the hearing of the within matter is hereby approved
and directed to be filed.
p.) '^ I 1..--< ""~'-z.-.-
I I!~ I vv-v
Date
~~4
E. Robert Elicker, II
Divorce Master
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MICHAEL P. RADICH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
LESLIE A. RADICH,
Defendant
NO. 01-3675 CIVIL TERM
ORDER OF COURT
AND NOW, this 14th day of October, 2002, upon consideration of Plaintiff's
Petition for Exclusive Possession, a hearing is scheduled for Monday, December 30,
2002, at 1:30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle,
Pennsylvania.
BY THE COURT,
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Samuel L. Andes, Esq.
525 N. 12th Street
Lemoyne, P A 17043
Attorney for Plaintiff
P. Richard Wagner, Esq.
2233 North Front Street
Harrisburg, PA 17110
Attorney for Defendant
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MICHAEL P. RADICH,
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 01-3675 CIVIL TERM
LESLIE A. RADICH,
IN DIVORCE
ORDER
AND NOW this
day of
, 2002, upon
consideration of the attached Petition for Exclusive Possession, a Rule is hereby issued
upon the Defendant, Leslie A. Radich, to show cause, if any she has, why the relief
prayed for therein should not be granted. The Rule is returnable days from the
date of service and shall be served upon the Defendant's counsel of record.
Pending further order of this court, the Plaintiff, Michael P. Radich is awarded
exclusive possession of the marital residence at 6 Pamela Place in Mechanicsburg,
Cumberland County, Pennsylvania.
BY THE COURT,
J.
Distribution:
Samuel L. Andes, Esquire (Attorney for Plaintiff)
525 North 12th Street, Lemoyne, PA 17043
P. Richard Wagner, Esquire (Attorney for Defendant)
2233 North Front Street, Harrisburg, PA 17110
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MICHAEL P. RADICH,
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION. LAW
NO. 01.3675 CIVIL TERM
LESLIE A. RADICH,
IN DIVORCE
PETITION FOR EXCLUSIVE POSSESSION
AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and
petitions the court to award him exclusive possession of the marital residence, based
upon the following:
1. The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant.
2. The parties separated several years ago when Defendant moved to Carlisle and
established her residence there. At that time Plaintiff remained in the marital residence at
6 Pamela Place in Mechanicsburg, Pennsylvania with the parties' two children, both of
whom were minors at that time.
3. In 2001 serious marital difficulties arose between the parties and Defendant
became angry at Plaintiff and both of the parties children who then resided with Plaintiff.
As a result of Defendant's anger, she came to the residence and assaulted the parties'
older child and Plaintiff.
4. As a result of the disturbances between the parties, and Defendant's abuse of
Plaintiff and the children, Plaintiff filed an action before this court for relief under the
Protection from Abuse Act. That action was filed to No. 2001-1305 Civil Term.
5. In the protection from abuse action, following a hearing, Defendant was
excluded from the marital residence at 6 Pamela Place in Mechanicsburg, Pennsylvania, an
ordered to stay away from Plaintiff and the children.
6. The order entered by this court in the protection from abuse action was
successful in protecting Plaintiff and the children from Defendant and there have been no
acts of abuse or intrusion at the residence since that order was entered.
7. The order entered by this court in the protection from abuse action has expired
or will expire shortly. Defendant has indicated her plan to attempt to move back into the
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family residence, against Plaintiff's will and without his consent, promptly upon the
expiration of the order.
8. Plaintiff believes it is necessary that he be awarded exclusive possession of the
marital residence at 6 Pamela Place for the following reasons:
A. It is and continues to be the residence of Plaintiff and the older of
the two parties' children; and
B. If Defendant returns to the residence he believes she will resume
her abusive conduct toward both Plaintiff and the parties' daughter; and
C. He believes that the Defendant's return to the residence will result
in physical confrontations and, quite possibly, physical violence directed at
himself or the parties' older child; and
D. The Defendant's return to the marital residence, even if she is not
assaulted or abusive, will greatly disrupt the lives of Plaintiff and the parties'
older daughter.
9. Defendant has an adequate place to live and has lived there without any
difficulty since the parties separated more than two years ago. It is not necessary for
Defendant to return to the marital residence to live comfortably.
WHEREFORE, Plaintiff petitions this court to award him exclusive possession of the
residence at 6 Pamela Place in Mechanicsburg, Cumberland County, Pennsylvania, and to
exclude Defendant from that residence until further order of this court or until the divorce
action between the parties is concluded and the assets of the parties aredistributed.
s.~
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
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VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand
that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904
(unsworn falsification to authorities).
Date: 10/2-/02...
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MICHAEL P. RADICH
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CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing Petition for Exclusive
Possession upon counsel for the Defendant herein by regular mail, postage prepaid,
addressed as follows:
P. Richard Wagner, Esquire
2233 North Front Street
Hershey, PA 17110
Date: 4 October 2002
Harkins
Secretary for Samuel L. Andes
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MICHAEL P. RADICH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
LESLIE A. RADICH,
Defendant
NO. 01-3675 CIVIL TERM
PETITION FOR EXCLUSIVE POSSESSION
0>,
ORDER'OF COURT
AND NOW, this 30th day of December, 2002, upon consideration of the attached
letter from Samuel L. Andes, Esq., attorney for Plaintiff, the hearing previously
scheduled for December 30, 2002, is cancelled.
BY THE COURT,
.l"Samuel L. Andes, Esq.
525 N. 12th Street
Lemoyne, P A 17043
Attorney for Plaintiff ;>
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v" P. Richard Wagner, Esq.
2233 North Front Street
Harrisburg, P A 1711 0
Attorney for Defendant
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717-761-1435 SAM ANDES
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SAMUEL L. ANDl1:S
ATTOBUV .AT LAW
0,:;;0 ~oa-rH 'r'WBLP'TU STDDGT
P, O. BOX 1M
l.EMOVNE, PJlNWSVLVA2\'lA 1704a
TJ!lIJWJ!ONi!l:
(fit) "el-G3SI
30 December 2002
PAX
(717) 761-'43;;
SENT BY FAX & REGULAR MAIL f240-6462J
The Honorable J. Wesley Oler
Judge of the Court of Common Pleas
CumberlHnd CuunLy Courthouse
1 Courthouse Square
Carlisle, PA 17013
RE: Radich vs. Radich
Dear Judoe Oler
I write to confirm the messHgH lilY office conveyed to you earlier today
regarding the hearing scheduled in the above matter for this afternoon. The parties
have reached agreement which will make that hearing unnecessary, We hope to
have all of the matters resolved by written agreement in the near future and, at that
time, the petition will be withdrawn and the divorce action will be finalized. In the
meantime, on behalf of petitioner Michael Radich, I request that you cancel the
hearing scheduled for today.
Sincerely,
Samuel LAndes
amh
cc: P. Richard Wagner, Esquire (via fax)
Michael P. Radich
DEe 3
o 2002
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MICHAEL P. RADICH,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION. LAW
NO. 01-3675
LESLIE A. RADICH,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW this A day of ~ v \ ) , 2003, upon
consideration of the attached Motion, we hereby schedule a hearing on the Plaintiff's
Petition, filed on March 19,' 2003, to be held in Court Room No. -'- of the Cumberland
County Courthouse in Carlisle, Pennsylvania, commencing at D?; /5" fJ .m. on
~d~ the / JJ:t day of IfI' ~ , 2003.
BY THE COURT,
.
J.
Distribution:
.)!lamuel L. Andes, Esquire (Attorney for Plaintiff)
525 North 12th Street, P.O. Box 168, Lemoyne, PA 17043
....t". Richard Wagner, Esquire (Attorney for Defendant)
2233 North Front Street, Harrisburg, PA 17110
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MICHAEL P. RADICH,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION. LAW
NO. 01.3675
LESLIE A. RADICH,
Defendant
IN DIVORCE
MOTION FOR HEARING
AND NOW comes the above.named Plaintiff, by his attorney, Samuel L. Andes, and
moves the court to schedule a hearing on the Petition he filed in this matter on 1 9 March
2003, requesting that this court compel Defendant to execute and transfer titles to motor
vehicles and to remove motor vehicles from Plaintiff's home.
~~~~4-
Sa L. Andes
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761.5361
II
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CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing Motion upon counsel for
the Defendant herein by regular mail, postage prepaid, addressed as follows:
P. Richard Wagner, Esquire
2233 North Front Street
Hershey, PA 17110
Date:
o~ yYf.Lfla1f //1/1)
Amy . Harkins
Secretary for Samuel L. Andes
9 July 2003
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MICHAEL P. RADICH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
LESLIE A. RADICH,
Defendant
CIVIL ACTION - LAW
NO. 01-3675 CIVIL TERM
ORDER OF COURT
AND NOW, this 1st day of October, 2003, upon
notification that the parties have reached an agreement, it
is ordered and decreed that:
1. By the close of business Friday, October 3rd,
2003, both parties shall appear at the AAA on Trindle Road,
Mechanicsburg, Pennsylvania, where they shall execute all
documents necessary to secure duplicate titles of a 1996
Chevrolet Lumina currently titled in both names and a 1988
Volvo 240, which is also currently titled in both names.
Each party will be responsible to pay the cost of
obtaining the duplicate title with husband paying the cost
of obtaining the duplicate title to the Volvo and wife
paying the cost of obtaining the duplicate title to the
Lumina.
2. Upon securing a duplicate title, the parties
shall execute the title in order to transfer the 1988 Volvo
240 onto Amy Radich, daughter of the parties. Husband shall
then pay the expense of this transfer.
3. Upon securing the duplicate title to the 1996
Chevrolet Lumina, the parties shall execute the title
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transferring the Lumina onto wife, wife paying the expense
of this transfer.
4. Wife shall, within ten days hereof, cause the
Chevrolet Lumina to be removed from the property of the
husband by a salvage business at the wife's sole expense.
Husband is hereby authorizing the salvage company to enter
upon his property for the purposes of removing the Lumina
and does waive any claim for damages to his lawn done
willfully by such salvage company.
5. If AAA is able to transfer the titles to the
vehicles at the same time as the application for duplicate
titles, the parties shall cooperate and execute both the
application for the duplicates and the transfers at the same
time.
~amuel L. Andes, Esquire
For the Plaintiff
~Richard Wagner, Esquire
For the Defendant
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MICHAEL P. RADICH,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
NO: 01-3675 CIVIL TERM
CIVIL ACTION - LAW
LESLIE A. RADICH,
IN DIVORCE
Defendant.
NOTICE OF INTENTION TO RESUME PRIOR NAME
NOTICE IS HEREBX GIVEN that the PLAINTIFF in the above ~
matter, aving been granted a,final Decree in Divorce on the Jl9-
day of , 2003, hereby intends to resume and hereafter---
use the prev ous name of LESLIE A. ROSETE and gives this written
notice avowing her intention 1n accordance with the provisions of
the Act of April 2, ;1980, P.L.., 23 P.S. Section 702 (effective
Julyl,1980). 094h ~~.dtd
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF JfJayu~
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ON THE to day of l 5\lf\ll~~ ' 20(2, before me, a
Notary Public, personally appeared Les ie A. Radich, 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.
SS.
IN WITNESS
set my hand and
seal.
,
ary Public
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mlY A. Wise .
M Harrisburg Da~O~~t!y Pu!:mr;
Y Commission' Exprres,n1illCounty "
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