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HomeMy WebLinkAbout08-2100MICHAEL RICE, Plaintiff, vs. CYNTHIA RICE, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. a? - ol100 0, ivi I TPXm CIVIL ACTION - LAW IN DIVORCE N O T I C E TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 7of8 . MICHAEL RICE, Plaintiff, VS. CYNTHIA RICE, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-,;f'00 CIVIL ACTION - LAW 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 § 3302(d) of the Divorce Code, you may request 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 17013. 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. 8of8 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com Attorney for Plaintiff MICHAEL RICE, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. NO. 0 CYNTHIA RICE, CIVIL ACTION - LAW Defendant. IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, MICHAEL RICE, by and through his attorney, LESLEY J. BEAM, ESQUIRE, and makes the following Complaint in Divorce: 1. The Plaintiff is MICHAEL RICE, an adult individual who currently resides at 37 Stone Run Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. All legal papers may be served on Plaintiff through his counsel at 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania 17011. 2. The Defendant is CYNTHIA RICE, an adult individual who currently resides at 37 Stone Run Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Parties separated finally on or about the time of this filing, before March 19, 2008, when Plaintiff and Defendant both stated their mutual intent to divorce. 5. Neither Plaintiff nor Defendant has been in military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(c) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated by reference as though fully set forth herein. 9. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to § 3301(c) of the Divorce Code. 2 of 8 COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(d) OF THE DIVORCE CODE 10. The prior paragraphs of this Complaint are incorporated by reference as though fully set forth herein. 11. The marriage of the parties is irretrievably broken. 12. The parties are living separate and apart, and at the appropriate time Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two (2) years as specified in § 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to § 3301(d) of the Divorce Code. COUNT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER § 3502(a) OF THE DIVORCE CODE 13. The prior paragraphs of this Complaint are incorporated by reference as though fully set forth herein. 14. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to § 3502(a) of the Divorce Code. 15. Plaintiff and Defendant have been unable to agree to the equitable distribution of said property, as of the date of filing of this Complaint. 3 of 8 16. Plaintiff requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code. Respectfully Submitted, KOPEA ASSOCIATES Date: 5 Esq. 4of8 VERIFICATION I, Michael Rice, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: 3 Michae ice 5 of 8 C' Q 'R i. 6? r ? rv i KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com Attorney for Plaintiff MICHAEL RICE, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. NO. 2008-2100 CYNTHIA RICE, CIVIL ACTION - LAW Defendant. IN DIVORCE ACCEPTANCE OF SERVICE I, Cynthia Rice, Defendant in the above-captioned matter, hereby accepts service of the Complaint in Divorce. Cynthia Rice Date: I ON -? MICHAEL RICE, Plaintiff, vs. CYNTHIA RICE, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2008-2100 CIVIL ACTION - LAW IN DIVORCE N O T I C E TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 7of8 MICHAEL RICE, Plaintiff, vs. CYNTHIA RICE, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2008-2100 CIVIL ACTION - LAW 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 § 3302(d) of the Divorce Code, you may request 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 17013. 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. 8of8 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com MICHAEL RICE, Plaintiff, vs. CYNTHIA RICE, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2008-2100 CIVIL ACTION - LAW IN DIVORCE AMENDED COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, MICHAEL RICE, by and through his attorney, LESLEY J. BEAM, ESQUIRE, and makes the following Complaint in Divorce: 1. The Plaintiff is MICHAEL RICE, an adult individual who currently resides at 37 Stone Run Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. All legal papers may be served on Plaintiff through his counsel at 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania 17011. 2. The Defendant is CYNTHIA RICE, an adult individual who currently resides at 37 Stone Run Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 21, 1994, in Harrisburg, Dauphin County, Pennsylvania, 5. The Parties separated finally on or about the time of this filing, before March 19, 2008, when Plaintiff and Defendant both stated their mutual intent to divorce. 6. Neither Plaintiff nor Defendant has been in military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated by reference as though fully set forth herein. 10. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully 2 of 8 requests that the Court enter a Decree of Divorce pursuant to § 3301(c) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(d) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated by reference as though fully set forth herein. 12. The marriage of the parties is irretrievably broken. 13. The parties are living separate and apart, and at the appropriate time Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two (2) years as specified in § 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to § 3301(d) of the Divorce Code. COUNT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER § 3502(x) OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated by reference as though fully set forth herein. 15. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to § 3502(a) of the Divorce Code. 3 of 8 16. Plaintiff and Defendant have been unable to agree to the equitable distribution of said property, as of the date of filing of this Complaint. 17. Plaintiff requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code. Respectfully Submitted, KOP & ASSOCIATES Date: Lesl J. Beam, Esq. 4of8 VERIFICATION I, Michael Rice, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: 0, ZYZA I. Micha ice 5 of 8 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com MICHAEL RICE, Plaintiff, vs. CYNTHIA RICE, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2008-2100 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT AND RETURN OF SERVICE AND NOW comes Kope & Associates, LLC by LESLEY J. BEAM, attorney for Michal Rice Plaintiff, and states that service of the Amended Divorce Complaint in this matter was made by him upon Defendant, Cynthia Rice, by posting the same in the U.S. Mail, postage prepaid, at Camp Hill, PA by Certified Mail No. 7004 2510 0007 6450 1912, Return Receipt Requested on May 23, 2008, to her mailing address, at P.O. Box 761 Mechanicsburg, PA 17055 which mail was received by Defendant on June 14, 2008, all in accordance with PA.R.C.P. 412 and 403. The mailing receipt and the return receipt or true copies thereof of the acceptance of service bearing the signature of the Defendant are attached hereto and made part hereof, together with the cover letter mailed to Defendant. i L- L4. BEAM, Esq. Attorney for Plaintiff 1. y ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, i or on the front if space permits. 1. Article Addressed to: 1 `?vE 1!? c c Ole A. Sign re x A ° Agent ?f"° ? Addressee B. ReceF ed nted Name) C. Date of Delivery Wdress different from item 1? {II Yes enter delivery address below: 13 No to OD, :, Po Bdk 76 / ,rrics6yr 70 U '3. Service Type u,, ? certified mail ? Express mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.DN ; 4. Restricted Delivery? (Extra Fee) 2. Article.Number (>?ans?rorn servx a 7.40 4 .2 51 0 0007 6450 1912 PS Form 381 1 February 2004 Domestic Return Receipt 102595-024A-1540 ru a .1 CEP TIFIED r JAIL RECEIPT i. L OFFI CIAL Us?E M1 C3 Cerdned F6e .2, p Return Reoelpt Fee (Endorsement RegWrer!) Postmark , oc d Here C3 rl Ddvy roe (REeM R red) 3 d Ln ru Total Postaps a Fees $ f O 0 a - ? - - - - --- ----- - ------ - ----------- - -- W xv V Shane R Kope, Esq. ¦ Jacob R Jividen, Esq. N Lesley J. Beam, Esq. Coo r ED)Nr K.OPE ASSOCIATES LAW OFFICES LLC May 23, 2008 VIA REGULAR AND CERTIFIED MAIL Cynthia Rice 37 Stone Run Drive Mechanicsburg, PA 17050 Re: Rice v, Rice No. 200&2100 Dear Ms. Rice, I represent Michael Rice in the above referenced matter for divorce. Enclosed and served upon you is an Amended Divorce Complaint filed with the Cumberland County Court of Common Pleas. i am sending these papers to you directly because I have no information that you are represented by an attorney. I am also enclosing an Acceptance of Service for this Complaint. Please sign and return in the enclosed self-addressed stamped envelope. If you do not either return the Acceptance of Service or sign the receipt for the certified letter, this office will have to officially serve this Complaint by Sheriff at your place of residence. If you have any questions, please feel free to contact me. But, please be aware that I cannot give you legal advice because I represent.Mr. Rice. Thank you for your kind attention to this matter. Sincerely, KOPE & ASSOCIATES, LLC eJ , am, sq. Enclosure .Smart Representation 466o Trindle Road ¦ Suite 201 ¦ Camp Hi11, PA i7ou D ...... ...¢. ____ - - - - w- ,t CD MICHAEL RICE, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW NO. 2008-2100 CYNTHIA RICE, ) Defendant ) IN DIVORCE DEFENDANT'S PETITION FOR EMERGENCY RELIEF AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and makes the following Petition for Special Relief in this matter: 1. The Petitioner herein is the Defendant Cynthia Rice. The Respondent herein is the Plaintiff. 2. The parties have been married since 21 May 1994 and, for approximately seven years, have resided in the marital residence at 37 Stone Run Derive in Silver Spring Township, Cumberland County, Pennsylvania. The parties continue to reside there with their minor son, Jonathan Michael Rice, born 17 March 1995. 3. During the marriage the parties created and operated a painting business known as "C & M Painting." Although the business has been registered as a sole proprietorship owned by Plaintiff, it was created by both parties, prospered as a result of their joint efforts, and is clearly marital property. 4. During the marriage, C & M Painting enjoyed significant financial success. During 2007 it reported net profit for the owners of $187,000.00 or more, from its internal books and records, and a profit of $221,165.00 for 2006. 5. Serious marital troubles developed between the parties within the past year, as a result of which Plaintiff commenced this action in April of 2008. 6. At the time the marital difficulties between the parties developed, Plaintiff shut Defendant out of the painting business, removed from her all authority to act or perform her duties as bookkeeper and scheduler, and otherwise removed from her all responsibility regarding the business and all opportunity for her to continue to engage in the operation of the 7. Since the marital difficulties arose between the parties, Plaintiff has attempted to exert financial pressure on Defendant to abandon the marital assets to Plaintiff and to surrender her rights regarding the marital assets and the income enjoyed by the parties from the business. Those efforts have included: A. Precluding Defendant from participating in any of the management or operation of the business; B. Denying Defendant access to any of the income or profits of the business; C. Excluding Defendant from access to the records of the business by locking them away in the house and refusing to provide her with the key; D. Failing and refusing to pay certain debts and obligations of the parties; E. Refusing to make the monthly installments owed on the debts owed to CitiMortgage which is secured by a mortgage against the residence, thereby creating the possibility of the foreclosure of the mortgage. 8. Defendant believes that Plaintiff has undertaken the various actions described above in an effort to preclude her from any of the marital assets, to take control of those assets, and to transfer them to his own name for his sole benefit. 9. Defendant believes that Plaintiff has adequate income and other funds to continue to make the monthly installment payments on the mortgage against the residence and has failed to do so in an effort to force the property into foreclosure so that he can purchase the property at a foreclosure sale and thereby deprive Defendant of her rights of ownership. 10. The parties have each demanded that the other vacate the marital residence and each of them has, in fact, filed actions under the Pennsylvania From Abuse Statute seeking to have the other party excluded from the marital residence. 11. Despite those actions, neither party has moved from the marital residence and the parties have not been able to agree upon who should vacate the property and who should retain possession of it. 12. Defendant believes that Plaintiffs actions with regard to the house, the marital business, and the other assets of the parties are all taken in bad faith and in an effort to deprive her of her equity in the marital assets and her ownership interest in the family residence. 13. If Plaintiff is permitted to continue on his current course of conduct, Defendant will suffer irreparable harm in that she will be deprived of the marital property consisting of the marital business, the marital residence, and other marital assets. WHEREFORE, Defendant prays this court to take the following actions in this matter: A. Order and direct Plaintiff to immediately make all monthly installment payments due under the mortgage which encumbers the family residence and to take all other actions required by the mortgage documents to comply with that obligation, and to continue to make such payments and perform such actions as are required to maintain the mortgage until the divorce action between the parties is resolved; or B. In the alternative, order and direct the prompt sale of the residence at 37 Stone Run Drive, order the parties to cooperate with each other and with a Realtor selected by their attorneys to complete such sale or appoint a special Master to supervise the sale of the property; and C. Take such other action as the court deems appropriate and necessary to protect Defendant's interest in the marital asset, and specifically in the marital residence at 37 Stone Run Drive. el L. Andes Attorney for Defendant Supreme Court ID # 17225 525 N. 12TH Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ?+, I I CYNTHIA 4RIt? C;? na CZ0 t.-.3 t"tiy} `.> FTS MICHAEL RICE, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW NO. 2008-2100 CYNTHIA RICE, ) Defendant ) IN DIVORCE DEFENDANT'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Defendant, by her 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, Defendant prays this Honorable Court, after requiring full disclosure by the Plaintiff, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT 11- ALIMONY 2. Defendant lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 3. Defendant is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 4. The Plaintiff is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Defendant and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to support and maintain Defendant in the station of life to which she has become accustomed during the marriage. COUNT 111- ALIMONY PENDENTE LITE 5. Defendant is without sufficient income to support and maintain herself during the pendency of this action. 6. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her reasonable alimony pendente lite during the pendency of this action. COUNT IV - COUNSEL FEES AND EXPENSES 7. Defendant is without sufficient funds to retain counsel to represent her in this matter. 8. Without competent counsel, Defendant cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 8. Plaintiff enjoys a substantial income and is well able to bear the expense of Defendant's attorney and the expenses of this litigation. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal fees and expenses incurred by Defendant in the litigation of this action. L. And Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). dhal-k- Date: 23 QA?64 CYNTHlAfRICE (1?1 -1 ?? - ems` Cr,; . -fly.. . .y W MICHAEL RICE, Plaintiff vs. CYNTHIA RICE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-2100 IN DIVORCE AMENDED PETITION FOR EMERGENCY RELIEF AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and amends her Petition for Emergency Relief, filed on 24 October 2008, as follows: The averments set out in Paragraphs 1 through 13 of Defendant's original Petition are incorporated herein by reference. 2. No Judge in Cumberland County has ruled on any matter raised in the divorce case or on the subject matter of the Petition for Emergency Relief. 3. Defendant's counsel to request her concurrence in the Petition and Plaintiff does not concur in the request requested. CWQam-uel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 N. 12T" Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 03? CYNTHI L. RICE OCT 3 0 LUUdCj MICHAEL RICE, Plaintiff vs. CYNTHIA RICE, Defendant ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-2100 IN DIVORCE AND NOW, this day of 0,+-- 2008 u on consideration of the attached Petition for Emergency Relief, a hearing is hereby scheduled, to be held before the undersigned in Court Room No. / of the Cumberland County Courthouse in Carlisle, Pennsylvania on the plod day of _A44?- 2988; commencing at %30 o'clock a -m. R Distribu/tion: ? Lesley J. Beam, Esquire (Attorney for Plaintiff) 4660 Trindle Road, Suite 201, Camp Hill, PA 17011 Samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12"' Street, P.O. Box 168, Lemoyne, PA 17043 06F L ks e-r? t , r ?`? %"' T u3 - .- ?> f, cL ? ,?:,_ _... ? -- , ? ,? .... _ "` '' ? ? . ?. ?J cv MICHAEL RICE, Plaintiff V. CYNTHIA RICE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-2100 CIVIL TERM IN RE: PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 31" day of December, 2008, upon consideration of the attached letter from Samuel L. Andes, Esq., attorney for Defendant, the hearing previously scheduled for Friday, January 2, 2009, is rescheduled to Thursday, March 12, 2009, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Lesley J. Beam, Esq. 4660 Trindle Road Suite 201 Camp Hill, PA 17011 Attorney for Plaintiff Samuel L. Andes, Esq. 525 N. 12" Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant JI., r, Jr., J. :rc __, _ ?,, .,?.? <'? ??[ ?, ;1 ? ??; k ..++ t!. ? s KOPE & ASSOCIATES, LLC LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 lbeam(Mkoaelaw.com MICHAEL RICE, Plaintiff, V. CYNTHIA RICE, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 2008-2100 CIVIL ACTION - LAW IN DIVORCE MOTION FOR CONTINUANCE OF HEARING ON PETITION FOR SPECIAL RELIEF AND NOW comes the above-named Plaintiff, MICHAEL RICE, by and through his attorney, LESLEY J. BEAM, ESQ., and makes the following Motion for Continuance of Hearing on Petition for Special Relief currently scheduled for Thursday, March 12, 2009 at 9:00 am before the Honorable J. Wesley Oler, Jr.: 1. Defendant filed a Petition for Special Relief, asking the Court to order Plaintiff to pay the mortgage on the marital residence until such time as the divorce action was resolved, or, in the alternative, asking the Court to order the parties to place the residence up for sale. 2. A hearing on this Petition was scheduled initially for January 2, 2009, before Judge Oler. r 3. This hearing was continued on request of counsel for Defendant, Attorney Samuel L. Andes, Esquire (hereinafter "Attorney Andes"), and rescheduled for March 12, 2009, at 9:00 am. 4. Undersigned counsel, Lesley J. Beam, Esquire (hereinafter "undersigned counsel") has booked a flight for a vacation in Florida. Undersigned counsel is flying out of Baltimore on Wednesday, March 11, 2009 and returning the following Tuesday, March 17, 2009. Undersigned counsel is unable to cancel this flight or change this flight to a different date due to the restrictions of this airline. 5. This motion for continuance was not filed earlier, as the parties have been discussing a stipulated resolution to the Petition, and it was anticipated that the stipulation would already have been signed by the time of this Motion, and that a hearing on the matter would thus be rendered unnecessary. If it had been anticipated that the stipulation would not be fully executed by this time, undersigned counsel would have filed this Motion several weeks ago when the conflict was first realized. 6. Plaintiff is respectfully requesting that the Hearing be rescheduled for an additional thirty days to enable the parties to execute the stipulation, and so that undersigned counsel is not forced to forego her prepaid vacation to attend this hearing. 7. Plaintiff is paying the mortgage as required on the mortgage note to the marital residence each month, and as such, there is no harm to Defendant in continuing the hearing to a later date. 8. Undersigned counsel attempted to contact Attorney Andes lust week for concurrence via fax, telephone and email. At the time of this filing, undersigned counsel 6 t I I? has not received any communication from Attorney Andes indicating his concurrence or opposition to the Motion. 9. Due to the lack of harm to Defendant in continuing this hearing, and the expectation of the parties that a stipulation will be executed, undersigned counsel does not believe Defendant would object to the continuance. WHEREFORE, Plaintiff hereby requests that this Honorable Court continue the Hearing in the aforementioned matter currently scheduled for Thursday, March 12, 2009 at 9:00 am for an additional thirty days. Submitted, Dated: 0 9 ey J. an#, Esq. Ml ORN N I.D. 91175 4660 Trin Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeamftkopelaw.com KOPE & ASSOCIATES, LLC LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibearngb-kopelaw.com MICHAEL RICE, Plaintiff, V. CYNTHIA RICE, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2008-2100 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, do hereby certify that on this 9"' day of March, 2009, 1 served a true and correct copy of the foregoing Motion for Continuance via regular U.S. First Class mail, postage prepaid, and facsimile addressed as follows: Samuel L. Andes, Esquire 525 N. 12"' Street P.O. Box 168 Lemoyne, 17043 Fax: (7171-1435 1J. BEAM, ESQ. A R EY I.D. 91175 46 0 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(a-kopelaw.com 70 v MAR-10-2009(TUE) 08;37 MICHAEL RICE, vs. CYNTHIA RICE, Samuel Rndes, Esq. Plaintiff Defendant (FAX)717 761 1435 P.002/002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2100 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW this day of _ X1/1 v L ? ? 2009, upon Defendant's Motion for Continuance, and with the agreement of both parties as expressed by their counsel, the hearing in this matter which had been scheduled for March 12, 2009, is hereby continued generally and will be rescheduled upon the written request of either party through their counsel. Distribution: ? Lesley J. Beam, Esquire (Attorney for Plaintiff) 4660 Trmdie Road, Suite 201, Camp Hill, Pa 17011 --?Samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12 Street, P.O. Box 168, Lemoyne, PA 17043 CT Is =! 1 WV 1 1 8V W6001 dti ?1v ?a . } ;mod aHl ?o MICHAEL RICE, Plaintiff V. CYNTHIA RICE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-2100 CIVIL TERM IN RE: MOTION FOR CONTINUANCE OF HEARING ON PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 12'h day of March, 2009, upon consideration of the above- captioned motion, and an order having previously been issued continuing this matter generally upon agreement of counsel, the above motion is deemed moot. /Lesley J. Beam, Esq. 4660 Trindle Road Suite 201 Camp Hill, PA 17011 Attorney for Plaintiff V/ Samuel L. Andes, Esq. 525 N. 12'h Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant :rc Cop, ,?,a?l?L J. for- THE COURT, BY ?. b u-:,, cam. ` N tew d N U MICHAEL RICE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2100 CYNTHIA RICE CIVIL ACTION - LAW Defendant PRAECIPE TO ENTER AND WITHDRAW APPEARANCE OF LEGAL COUNSEL To the Prothonotary: Please withdraw my appearance on behalf of Plaintiff, Michael Rice in the above captioned matter. A Date: 5 a a o LESL ,)l. BEAM, ESQUIRE I.D. /91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Please enter the appearance of Diane G. Radcliff, Esquire, Supreme Court ID No. 32112, on behalf of the Plaintiff, Michael Rice. Papers may be served at the address set forth below: Diane G. Radcliff 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Date: `-? l3 )Oct RECEIVED OF THE Pp., r, :TTARY MAY 0 6 2909 20091 AY 18 Pill 1a : 8 6 CUBM _ Iv '`t` Rcr, l"d Yl,V;'.,i`,jl!,!'s 01UGINAL MICHAEL RICE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNLULVVIA V. NO. 08-2100 CYNTHIA RICE CIVIL ACTION - LAW •c . Defendant co w IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 33010 OF THE DIVORCE CODE 1. The parties to this action separated on December 31, 2007 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 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 that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifications to authorities. Date: Z Z1 v MICFtA'tL RICE, Plaintiff "r as "'LUL'a A L) ORIGINAL N a MICHAEL RICE IN THE COURT OF CO PLEAS Plaintiff CUMBERLAND COUNTY, #NSWdi;V4tp V. NO. 08-2100 cao g-.- CYNTHIA RICE CIVIL ACTION LAW co Defendant w w AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 8, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: Z////D MI L RICE MICHAEL RICE, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-2100 CYNTHIA RICE, ) Defendant ) IN DIVORCE rj g DEFENDANT'S PETITION FOR COSTS AND FEES'. r ?- 0 AND NOW comes the above-named Defendant, by her attorney, Sam l L,r d#, and petitions the court for an award of fees and expenses in the above case, based upon(-n the following: 1. The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff. 2. The parties were married on 21 May 1994. 3. During their marriage, the parties acquired various assets, the most significant of which is a business known as C & M Painting. Although that business is held in Plaintiff's name alone, both Plaintiff and Defendant worked at and helped operate the business for many years during the marriage. 4. Although there are other assets in the marriage, Defendant believes that the most valuable marital asset, by far, is the parties' interest in C & M Painting. 5. C & M Painting generated substantial income for the parties during their marriage. For example, in 2006, the company generated profits of $204,967.00 as reported on the parties' joint income tax return. 6. At about the time that Husband commenced this divorce action, Plaintiff excluded Defendant from any further participation in the operation of the business, prevented her from obtaining any financial information about the business and its operations, and denied her access to any of the income generated by the business. 7. As the marital difficulties between the parties developed, the profits of C & M Painting dropped precipitously. For example, in 2007, on sales comparable to the prior year, the company's income declined by approximately $40,000.00. In 2008, when sales were substantially greater than 2006, the profit for the business was more than $50,000.00 less than 2006. 8. Defendant believes that the decline in the profits of C & M Painting is a result of Plaintiff's intentional acts to reduce the business profits and operations. That belief is buttressed by statements which Plaintiff has made to Defendant to the effect that he would ruin the business if necessary to avoid paying Defendant anything in this divorce action. 9. Because it is one of the most significant assets in the case, the parties need to have a value established for the business C & M Painting. 10. Defendant cannot establish a value for the business without the services of a professional business valuator or accountant. She has been advised that the cost for a proper appraisal of the business will exceed $5,000.00. 11. Although employed, Defendant is without sufficient funds to pay the costs of appraising or valuing C & M Painting. 12. Another valuable asset in the case is the parties' marital residence at 37 Stone Run Drive in Mechanicsburg, Cumberland County, Pennsylvania. The parties need to establish a value of that property and, to do so, it should be appraised. Defendant has been advised that the cost of a competent appraisal of the property will be about $500.00. 13. Defendant is without sufficient funds or income to pay the costs of the appraisals and valuations required to properly develop this case for negotiation or litigation. 14. Plaintiff, who unilaterally controls C & M Painting, and all of its resources, has sufficient funds and income to pay the cost of the appraisals and valuations of the marital assets needed for this case to proceed. 15. Defendant requests this court to order Plaintiff to advance at least $5,000.00 for the cost of having the marital assets, C & M Painting, and the marital residence properly appraised and valued. 16. Prior orders in this case have been entered by the Honorable J. Wesley Oler. 17. Plaintiff does not concur in the relief requested by Defendant in this Petition. WHEREFORE, Defendant prays this court to order and direct Defendant to advance at least $5,000.00 to Defendant or her counsel to engage and employ appraisers to establish the value of C & M Painting and of the parties' marital residence. 1 Samuel . An s J Attorney for Defendant Supreme Court ID # 17225 525 North 12' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn falsification to authorities). Date: ?A"74? 4e, CYNT A RICE FILED-:1` r"C= 01 -N? 20 10 FEB 19 Ad .1 8: 4 5 CUh':. -Ty MICHAEL RICE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-2100 CIVIL TERM CYNTHIA RICE CIVIL ACTION - LAW Defendant AFFIDAVIT OF SERVICE OF 3301(D) AFFIDAVIT I, Diane G. Radcliff, Esquire, being duly sworn according to law, depose and say that I served a true and correct copy of the Plaintiff's 3301(d) Affidavit upon the Defendant's Attorney, Samuel L. Andes, Esquire, addressed as follows by Certified Mail #7009 1410 0000 8108, Return Receipt Requested, on February 17, 2010, the return receipt for which mailing is attached hereto as Exhibit "A" and made a part hereof: Samuel L. Andes, Esquire 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 LIFF, ESQUIRE aintiff Sworn to and subscribed before me this day of 201o COMMONWEALTH OF PENN SYLVAr, Notarial Seal _. Deborah L. Donley, Notary Public COMP Hill Born, Cumberland County Mem er CommiSslon E res ?' 23, 2011 ennsyl11a11fe Association of Notaries Notary Public ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: .5r5 /V. t v1?- sf, u moon of A. ? Agent IPli ei M I C. Date of Delivery B D. Is delivery address different from item 1 ? ? Yes If YES, enter delivery address below: ? No 3. Service Type /kt&rtffied Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number O'?1Ofr"'^"OB 7009 1.410 0000 1189 8108 PS Form 3811, Fe&uary 2oo4 Domestic Return Receipt 102595.02-M-1540 EXHIBIT "A" CERTIFIED MAIL RETURN RECEIPT CARD FEB 18 2010 I POTN? y 101 Q FF3 22 F,--. 2,31 MICHAEL RICE, ^?.' Plaintiff VS. CYNTHIA RICE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-2100 IN DIVORCE ORDER OF COURT AND NOW this k9 , day of , 2010, upon consideration of the attached Petition, a Rule is hereby issued upon the Plaintiff Michael Rice, to show cause, if any he has, why the relief requested therein should not be granted. The Rule shall be served upon Plaintiff s counsel of record and shall be returnable days from date of service. Distribution: Diane G. Radcliff, Esquire (Attorney for Plaintiff) 3448 Trindle Road, Camp Hill, PA 17011 ,/ Samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12' Street, P.O. Box 168, Lemoyne, PA 17043 rn?l LL(' afaa,?ra BY THE COURT, 20 10 hAR _ I Alij: G ? I :ilt{ y MICHAEL RICE, Plaintiff VS. CYNTHIA RICE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-2100 IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. I do not oppose the entry of a Divorce Decree. 2. I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that, in addition to the statements above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the Divorce Decree may be entered without further notice to me and I shall be unable thereafter to file any economic claims. 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 unworn falsification to authorities. Date: CYNT IA RICE NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. AIRY 2010 FAR 10 Aii iG: 23 Pleading: Plaintiff's Answer with New Matter to Defendant's Petition for Counsel Fees and Costs Prepared and Submitted by: Diane G. Radcliff, Esquire, Attorney for Plaintiff Previously Assigned Judge: The Honorable J. Wesley Oler, Jr. Appearance For Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Email: dianeradcliffacomcast.net • Phone: 717-737-0100 • Fax: 717-975-0697 Appearance For Defendant: Samuel L. Andes, Esquire, 525 North Twelfth Street, PO Box 168, Lemoyne, PA 17043 Email: lawandesgaol.com • Phone: 717-761-5361 • Fax: 717-761-1435 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL RICE, V. CYNTHIA RICE, Plaintiff NO. 08-2100 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Defendant NOTICE TO PLEAD TO: Cynthia Rice You are hereby notified to file a written response to the endorsed New Matter within 20 days from service hereof or a judgment may be entered against you. Respectfully submitted, DI G. DCLI QUIRE Attorney for Plaintiff Pleading: Plaintiff's Answer with New Matter to Defendant's Petition for Counsel Fees and Costs Prepared and Submitted by: Diane G. Radcliff, Esquire, Attorney for Plaintiff Previously Assigned Judge: The Honorable J. Wesley Oler, Jr. Appearance For Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Email: dianeradcliff@comcast.net • Phone: 717-737-0100 • Fax: 717-975-0697 Appearance For Defendant: Samuel L. Andes, Esquire, 525 North Twelfth Street, PO Box 168, Lemoyne, PA 17043 Email: lawandesCaol.com • Phone: 717-761-5361 • Fax: 717-761-1435 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL RICE, V. CYNTHIA RICE, Plaintiff NO. 08-2100 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Defendant PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR COUNSEL FEES AND COSTS WITH NEW MATTER AND NOW, March 10, 2010, comes the Plaintiff, Michael Rice, by his attorney, Diane G. Radcliff, Esquire, and files this Answer to Defendant's Petition for Counsel Fees and Costs with New Matter as required by the Rule entered thereon dated February 19, 2009 and served on Plaintiff's counsel on February 25, 2010 and returnable by March 11, 2010, said date being 14 day after service of the Rule, as follows: ANSWER 1. Admitted. 2. Admitted. Page 2 3. Admitted in part and denied in part. It is admitted that: (a) During the marriage the parties acquired various assets; (b) The business known as C&M Painting is owned solely by Plaintiff; (c) Plaintiff operated and worked at the business for many years, not only managing it but also performing the physical labor to complete work undertaken by his business; (d) The Defendant worked at the business for many years as a bookeeper. It is denied that: (e) Defendant operated the business for many years. On the contrary she was merely the bookkeeper; (f) The business known as C&M Painting is the most significant of the marital assets. 4. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in paragraph 4 of Defendant's Petition for Costs and Fees, and said averments are therefore denied. Plaintiff demands strict proof thereof at the hearing on this Petition, if relevant. 5. Admitted with the clarification that C& M Painting is a sole proprietorship and that the income was generated by the Plaintiff as the owner operator of the sole proprietorship business and that the income of the business has substantially declined due to economic conditions. 6. Admitted with the clarification that the reason Defendant was removed from any connection with the business and any control over the parties' accounts at or near the end of December 2007 because Plaintiff was not to be trusted with the funds nor any involvement in the business as a result of: (a) Defendant was caught having an affair with Joe Napoli in February 2007 and various times thereafter during the entire year 2007; Page 3 (b) Defendant was withdrawing substantial sums from the business account which she deposited and then withdrew from the parties' personal account without accounting for them to Plaintiff; (c) In 2006 Defendant convinced Plaintiff that the business was in danger of being lost due to non-payment of taxes and then concocted a story regarding the payment of those taxes which turned out not to be true. 7. Admitted. 8. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in paragraph 8 of Defendant's Petition for Costs and Fees, and said averments are therefore denied. Plaintiff demands strict proof thereof at the hearing on this Petition, if relevant. By way of further answer it is averred that the decline in income was the result of the Plaintiff being forced to cut his prices and to increase his expenses due to economic conditions. 9. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in paragraph 9 of Defendant's Petition for Costs and Fees, and said averments are therefore denied. Plaintiff demands strict proof thereof at the hearing on this Petition, if relevant. 10. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in paragraph 10 of Defendant's Petition for Costs and Fees, and said averments are therefore denied. Plaintiff demands strict proof thereof at the hearing on this Petition, if relevant. 11. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in paragraph 11 of Defendant's Petition for Costs and Fees, and said averments are therefore denied. Plaintiff demands strict proof thereof at the hearing on this Petition, if relevant. 12. Admitted with the clarification that the Plaintiff is willing to have the marital home appraised and to pay the cost of that appraisal to be performed by an appraiser of his choosing. If Defendant wants a different appraisal she should be required to pay for that one from her own funds. 13. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in paragraph 13 of Defendant's Petition for Costs and Page 4 Fees, and said averments are therefore denied. Plaintiff demands strict proof thereof at the hearing on this Petition, if relevant. 14. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in paragraph 14 of Defendant's Petition for Costs and Fees, and said averments are therefore denied. Plaintiff demands strict proof thereof at the hearing on this Petition, if relevant. 15. The averments of paragraph 15 of Defendant's Petition for Costs and Fees is a request for relief to which no response is required. By way of further answer, Defendant believes no award should be made by reason of the facts set forth in paragraph. 16. Admitted. 17. Admitted. NEW MATTER 18. Plaintiff incorporates by referenced the answers and averments set forth in paragraphs 1 though 17 herein. 19. Plaintiff's business known as C&M Painting: (a) is a sole proprietorship owned and operated solely by Plaintiff; (b) has no employees; (c) operates the business solely through the work and effort of Plaintiff and through subcontractors; (d) has only minimal assets including a minor amount of tools and equipment and accounts receivable less its accounts payable; (e) makes no profit in excess of the value of Plaintiff's services to that business; (f) has seen substantial decline in income over the past several years due to the economy; (g) has only limited funds in the business account, fluctuating between $500.00 and Page 5 w $9,000.00, all of which are needed to pay: (i) business expenses (Subcontractors and materials); (ii) $13,000 to the IRS for 2009 income taxes; (iii) the household expenses incurred for the parties' joint household including Plaintiff, Defendant, their child and Defendant's brother; (iv) the expenses incurred to maintain and preserve the marital home, which is a marital asset subject to equitable distribution. 20. Plaintiff informed Defendant, and continues to believe and aver, that the business has no value and that he would not pay for an appraisal. 21. Plaintiff is not willing to be assessed any value for the business other than the its fixed assets minus debts. 22. Any appraisal costs should be paid by Defendant in that: (a) Since December 2007, a period of 2+ years, Plaintiff has been paying for all of the household expenses for the parties and their minor child without contribution from Defendant, and as the result Defendant has been and continues to live rent free. (b) Since December 2007, a period of 2+ years, Plaintiff has been paying for all of the mortgage payments, taxes, insurance and other expenses for the parties' marital home, without contribution from Defendant. (c) Plaintiff believes that Defendant has an income of at least $36,000 per year, which is more than enough to pay for her own appraisal since she has no household expenses that she pays. (d) On 8/4/2006, Defendant sold land in Halifax for approximately $80,000, which the parties has agreed was to be used to pay household bills. It is believed that property was unencumbered at the time of sale. Since Defendant did not use those funds to pay for household bills, and did not deposit them into any of the parties' accounts, it is believed that said funds still exist and are controlled by Defendant and can be used for that any valuations or appraisals required by Defendant. Page 6 (e) Plaintiff's income has substantially decreased on the last several years due to poor economic conditions. (f) Plaintiff does not have any funds from which he can pay for the business appraisal in that he has only limited funds in the business account, fluctuating between $500.00 and $9,000.00, all of which are needed to pay: (i) business expenses (Subcontractors and materials); (ii) $13,000 to the IRS for 2009 income taxes; (iii) the household expenses incurred for the parties' joint household including Plaintiff, Defendant, their child and Defendant's brother; (iv) the expenses incurred to maintain and preserve the marital home, which is a marital asset subject to equitable distribution. 23. Plaintiff is willing to have the marital home appraised and to pay the cost of that appraisal to be performed by an appraiser of his choosing. If Defendant wants a different appraisal she should be required to pay for that one from her own funds. 24. Defendant has sufficient income from which to pay for her own appraisal of the marital home and has no household expenses, all of such expenses, as well of the support for the parties child, being paid by the Plaintiff. Wherefore, Plaintiff requests this Honorable Court to enter an order denying the relief requested in Defendant's Petition for Cost and Expenses. Respectfully Submitted, DIA CLIF SQUIRE (Attorney Registration No 32112) 3448 Trindle Road, Camp Hill, PA 17011 Phone: (717) 737-0100 • Fax: (717) 975-0697 Counsel for Plaintiff, Michael Rice Dated: Page 7 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. r l? MICHAEL R ME Date: l 0 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Samuel L. Andes, Esquire 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (Counsel for Defendant) . RADCLIFF, ESQUIRE Registration No 32112 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliffCcomcast net Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff Dated: March 10, 2010 Page 9 0r Hr'_ 2010 APR 21 PM 3: 2' 1 PEt'dt?S\i' VX IA MICHAEL RICE, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 08-2100 CIVIL TERM CYNTHIA RICE, ) Defendant ) CIVIL ACTION - LAW IN DIVORCE REPLY TO NEW MATTER AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and makes the following Reply to Plaintiff s New Matter: 18. Defendant incorporates herein by reference the averments set out in her original petition. 19. Denied for the following reasons: (A) The business is owned by Plaintiff but is operated by him and others including, in the past, Defendant. (B) It is admitted that the business has no employees but stated that it operates through sub-contractors. (C) Denied. The business operates as a result of efforts by both Plaintiff and Defendant during the marriage. (D) Denied as stated. The business has assets, including goodwill, professional reputation, and tangible assets. (E) Denied. The business generates a significant profit for Plaintiff beyond the value of his services. (F) Denied. Defendant denies that the actual income of the business has declined and states that, to the extent there has been any decline in the business, it is a result of Plaintiff's management or mismanagement of the business. (G) Denied. The business traditionally generates significant cash flow beyond that required to pay business expenses, income taxes, Plaintiff's household expenses, and the expenses incurred to maintain the residence. 20. Defendant admits that Plaintiff has made such statements but deny that those statements are accurate. Moreover, without an appraisal of the business, Defendant has no way of determining accurately its value. 21. Defendant admits that Plaintiff has taken such a position but denies that position is correct or justified. Whether Plaintiff is willing to be assessed any value for the business is not relevant to whether the business has value that should be considered by the court in the equitable distribution portion of this case. 22. Denied for the following reasons: A. Defendant has paid various expenses for the benefit of the parties' son and the household. B. Defendant admits that Plaintiff has made the mortgage payments and other payments to preserve the house but states that she herself has paid or contributed toward expenses for the family. C. Defendant denies that she has income in excess of $30,000.00 per year and denies that she can afford to pay the cost of an appraisal. On the other hand, Plaintiff enjoys income in excess of $100,000 per year, including other non-cash benefits which he derives from his business, and Defendant states that Plaintiff can well afford to pay or contribute to the cost of the appraisal of that business. D. Defendant sold land but the land was pre-marital property and the proceeds of its sale, including any increase in value during the marriage, and the property itself were all excluded as marital property but a Pre-Nuptial Agreement the parties signed. Since to property has been sold, most of the proceeds have been spent, some of which were used to pay income taxes owed by the parties. Defendant has only a small balance of less than $5,000.00 left at this time. Defendant did not agree to use those funds to pay household expenses. E. Defendant believes that Plaintiff's income has not decreased. In fact, over the past several years, the gross revenue of the business has increased consistently. To the contrary, Defendant believes that Plaintiff has manipulated the business to make it appear to generate less income and have less value. The only way Defendant can obtain the information she needs to accurately determine both the income generated by the business and its value is to have the business appraised. F. The statements in this sub-paragraph are denied for the reasons set forth in the answer to Paragraph 19(G), which are incorporated herein by reference. 23. It is admitted that such is Plaintiffs position. However, Defendant is without sufficient funds to pay to have the business and the real estate appraised without the contribution she seeks from Plaintiff, who can well afford to pay the cost of those appraisals. 24. Denied. Defendant does not have sufficient funds to pay the cost of the appraisals and that is why she has requested this Court award her fees for such appraisal. WHEREFORE, Defendant prays this Court award her the fees requested in her original petition to have the business and the real estate owned by the parties appraised and valued. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12`" Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: 6pi??A= ??6 CYNTHIA CE CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, Pa 17011 Date: 20 April 2010 4b"J?u Amy Harkins ecretary for Samuel L. Andes it _? 2010 -5 Ail I I CIj MICHAEL RICE, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 08-2100 CIVIL TERM CYNTHIA RICE, ) CIVIL ACTION - LAW Defendant IN DIVORCE MOTION FOR HEARING AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and moves the court for a hearing on her Petition for Expenses. The pleadings in the matter have been closed and the matter is ripe for a hearing. Prior orders in this matter have been entered by the Honorable J. Wesley Oler. Plaintiff opposes Defendant's request for fees and expenses. amuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, Pa 17011 Date: I.? W42Y &10 Amy Harkins Secretary for Samuel L. Andes onciyji! z Pleading: Motion to Compel Discovery Response Prepared and Submitted by: Diane G. Radcliff, Esquire, Attorney for Plainti ? , Previously Assigned Judge: J. Wesley Oler, Jr., Judge Appearance For Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Email: dianeradcliff@comcast.net • Phone: 717-737-0100 • Fax: 717-975-0697 Appearance For Defendant: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Email: dianeradcliff@comcast.net • Phone: 717-737-0100 • Fax: 717-975-0697 MICHAEL RICE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2100 CYNTHIA RICE CIVIL ACTION - LAW Defendant PLAINTIFF'S MOTION TO COMPEL DISCOVERY The Plaintiff , Michael Rice, by his attorney, Diane G. Radcliff, Esquire, and files this Motion to Compel Discovery, and in support thereof represents that: 1. The following judge was previously assigned to this case and any related cases: The Honorable J. Wesley Oler, Jr. 2. The following attorneys have entered their appearances in this case: -1 - (a) Diane G. Radcliff, Esquire for Plaintiff ("Plaintiff's Attorney"); (b) Samuel L. Andes, Esquire for Defendant, ("Defendant's Attorney"). 2. A copy of this Motion was provided to Plaintiff's Defendant's Attorney on May 7, 2010. 3. The following Discovery Document(s) ("the Discovery Document(s)") were duly served on Defendant's Attorney on February 26, 2010 : (a) Request for Production of Documents directed to Defendant, ("Request for Production"), a true and correct copy of which is attached hereto, marked Exhibit "P-1" and made a part hereof. 4. Request #2, of the Plaintiff's Request for Production is as follows: 2. With respect to the real estate situate in Halifax, PA which you acquired titled to in 1990 by deed dated 812811990 and recorded in Book 1470 at page 189, and which you sold on 81412006 for $80,000, (the "Real Estate"), please provide the following documents: A. Any documents showing or valuing your non-marital interest in the Real Estate; B. The HUD-1 or other settlement or other statements issued for the purchase or acquisition of the Real Estate; C. The HUD-1 or other settlement or other statements issued for the sale of the Real Estate; D. Any documents indicating the value of the Real Estate at marriage, including, but not limited to, any Appraisals, Comparative Market Analysis, and/or the prior tax assessments; E. Statements indicating balance owed on any mortgage, lien or encumbrance against the Real Estate at any time during the period from date of marriage to and including the date of sale. F. Any documents showing the disposition of the proceeds received from the -2- sale of the real estate on or about 814106, including, but not limited to, any and all statements issued for the bank or other financial accounts into which the sales proceeds were deposited. 5. On or about April 30, 2010, Defendant served her Answers, Documents or Objections to the Request for Production , a true and correct copy of which is attached hereto, marked Exhibit "P-2" and made a part hereof. 6. In her Responses to the Request for Production, Defendant objected to Request #2 "because her interest in the subject property is, by terms of two separate agreements signed by the parties, non-marital property and the value of the property, together with any increase in its value, is excluded from consideration in the Rarties' divorce action". 7. Copies of the Agreements on which the Defendant based her objections to Request #2 are attached hereto, marked Exhibits " P-3" and "P-4" respectively, and made a part hereof. 8. There is nothing in the aforementioned agreements which excludes the Halifax, PA real estate from consideration in the equitable distribution claim raised in the parties' divorce action. 9. The documents requested in Request #2 of the Request for Production of Documents are discoverable because: (A) In the June 26, 2006 Agreement (Exhibit "P-4") the parties only agreed that the entire sale proceeds would be Wife's sole and separate property. There is nothing in that agreement or in their May 18, 1994 Prenuptial Agreement (Exhibit "P-3") that excluded those proceeds from being considered in equitable distribution. (6) Section 3502 of the Divorce Code specifically provides for consideration of a party's separate estate or the income that is or could be generated therefrom, as factors in the determination of equitable distribution as follows: (3) The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties. - 3 - (5) The opportunity of each party for future acquisitions of capitol assets and income. (6) The sures o income of both parties, including, but not limited to, medical, retirement, insurance or other benefits. (8) The value of the property set apart to each party. (10) The economic circumstances of each party at the time the division of property is to become effective. (C) Wife's receipt of these funds and what she did with them is relevant to the issue of who should pay for the appraisal of the business. (D) The information /documents requested is discoverable under Pa.R.C.P. 4003.1 which provides that a party may obtain discovery of any matter relevant to the proceeding even if that material may be inadmissible at trial. WHEREFORE, Plaintiff Defendant respectfully requests this Honorable Court to enter an Order compelling Plaintiff Defendant to comply with Request #2 of Plaintiff's Request for Production of Documents within fourteen (14) days of the date of the Order to be entered pursuant to this Motion. Respectfully submitted, D CLIFF, ESQUIRE 3 Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff -4- CERTIFICATE OF SERVICE I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on May 11, 2010, 1 served a copy of the foregoing Motion to Compel upon Samuel L. Andes, Esquire, Attorney for Defendant, by mailing same by first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North 12`h Street P.O. Box 168 Lemoyne, PA 17043 Respectfully submitted, VANE G. RA CLIFF, ESQU 1448 Trin Road Camp i , PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff - 5 - EXHIBIT P-1 REQUESTS FOR PRODUCTION OF DOCUMENTS Request for Production of Documents - 15` Set Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Plaintiff MICHAEL RICE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2100 CYNTHIA RICE CIVIL ACTION - LAW Defendant REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT - FIRST SET TO: Cynthia Rice c/o Samuel L. Andes, Esquire 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 You are requested, in accordance with Pa. R.C.P. No. 4009, within thirty (30) days of service of this Request for Production of Documents to make available to Plaintiff's attorney, Diane G. Radcliff, Esquire, at 3448 Trindle Road, Camp Hill, Pennsylvania, or otherwise make arrangements mutually satisfactory to the undersigned, for inspection and/or copying of the within requested documents. Respectfully Submitted, DIA D LIFF, ESQUIRE (Attorney egistration No 32112) 3448 Trindle Road, Camp Hill, PA 17011 Email: dianeradcliffCcomcast.net Phone: (717) 737-0100 • Fax: (717) 975-0697 Counsel for Pla'ntiff Dated: z IU EXHIBIT e?_ DEFINITIONS AND INSTRUCTIONS 1. "Plaintiff" shall mean the Plaintiff(s) to this litigation. 2. "Wife" shall mean the Defendant to this litigation. 3. "Defendant" shall mean the Defendant(s) to this litigation. 4. "Husband" shall mean the Plaintiff to this litigation. 5. "Document" or "Documentation" means any written, printed, typed or other graphic matter of any kind or nature, including but not limited to, agreements, contracts, assignments, letters, telegrams, inter-office communications, memoranda, reports, records, transcripts, instructions, specifications, notes, notebooks, diaries, minutes, minutes of meetings, plans, photocopies, charts, graphs, descriptions, photographs, motions pictures, videotapes, mechanical or electronic sound recordings or transcripts thereof, computer records, disks tapes or other media and any other retrievable data, whether an original or a copy made by any means, including any non-identical copy (whether different from the original because of any alterations, notes, comments, or otherwise), together with any supplements or attachments thereto or enclosures therewith. b. "Date" means the exact day, month and year if ascertainable, or if not, the best approximation including relationship to events. 7. "Person" means an individual, corporation, proprietorship, partnership, association or other entity. 8. "Relate to" (or a form thereof) shall mean constituting, reflecting, representing, supporting, contradicting, referring to, describing, analyzing, noting, embodying, containing, mentioning, studying, recording, discussing, evaluating or relevant thereto. As indicated, the term necessarily includes information which is in opposition to as well as in support of the position or positions you have taken in this action. 9. "Reflect" (or a form thereof) shall mean to embody, contain, record, note, refer to, relate, describe, be relevant to, state and/or mention. 10. Whenever the expression "and/or" is used in these Requests, the documents called for should be set out both in the conjunctive and disjunctive, and wherever the documents are set out in the disjunctive, it should be given separately for each and every element sought. 11. Whenever a Request is framed in the singular, it shalt also be taken in the plural or visa- versa. 2 12. The use of any tense of a verb shall be considered to also include within its meaning all other tenses of the verb so used. 13. With respect to any document or communication for which you claim a privilege, state the privilege involved, the factual and legal basis of the privilege, the identity of the document or communication, including the general subject matter, but not its substance, by stating (a) the date; (b) author or addressor; (c) addressee any recipients of all copies or of the communication; (d) the type of document (e.g. notes, letter, memorandum, telegram, photograph, brochure, chart) or some other means of identifying it; and (e) its present location or custodian. 14. No Request is to be without a response. If the answer to a Request or a subparagraph of a Request is "none" or "unknown" such statement should be written in the responses. If the request is inapplicable, "N/A " must be written in the answer. If a document is omitted because of the claim of privilege, the basis of the privilege is to be stated. 15. These Requests are continuing, and any documents secured subsequent to the filing of your answers which would have been included in the answers had it been known or available, are to be supplied by supplemental answers and/or documents. 16. If you object to the production of any document on the grounds that the attorney-client, attorney work-product or any other privilege which is applicable thereto, you shall, with respect to that document: a. State its date; b. Identify its author; C. Identify each person who prepared or participated in the preparation of the document; d. Identify each person who received it; e. Identify each person from whom the document was received; f. State the present location of the document and all copies thereof; g. Identify each person who has ever had possession, custody or control of it or a copy thereof; and h. Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. 3 DOCUMENTS REQUESTED 1. With respect to your income, please provide: a. Pay Stubs: Your pay stubs issued for the last twelve (12) months; b. Other Pay and Benefits: All statements and documents indicating any other wages, pay, benefits, interest, dividends or other income paid to or received by you within the last twelve (12) months, other than the income reflected on your pay stubs. C. Social Security Benefits Earnings Statement: Your most recent estimated social security benefit earnings statement. LIST THE DOCUMENTS THAT ARE ATTACHED IN RESPONSE TO REQUEST # 1 HERE. 4 2. With respect to the real estate situate in Halifax, PA which you acquired titled to in 1990 by deed dated 8/28/1990 and recorded in Book 1470 at page 189, and which you sold on 8/4/2006 for $80,000, (the "Real Estate"), please provide the following documents: A. Any documents showing or valuing your non-marital interest in the Real Estate; B. The HUD-1 or other settlement or other statements issued for the purchase or acquisition of the Real Estate; C. The HUD-1 or other settlement or other statements issued for the sale of the Real Estate; D. Any documents indicating the value of the Real Estate at marriage , including, but not limited to, any Appraisals, Comparative Market Analysis, and/or the prior tax assessments; E. Statements indicating balance owed on any mortgage, lien or encumbrance against the Real Estate at any time during the period from date of marriage to and including the date of sale. F. Any documents showing the disposition of the proceeds received from the sale of the real estate on or about 8/4/06, including, but not limited to, any and all statements issued for the bank or other financial accounts into which the sales proceeds were deposited. LIST THE DOCUMENTS THAT ARE ATTACHED IN RESPONSE TO REQUEST # 2 HERE. 5 3. With respect to any financial accounts or holdings in which you had an interest in including, but not limited to, checking accounts, savings accounts, certificates of deposit, investment accounts, or the like, at any time during the period from 8/4/06 to and including the date of your Responses to these Requests, (hereinafter referred to as the "Financial Accounts"), please provide: A. Statements: All statements issued for the Financial Accounts indicating the value of the Financial Accounts at any time during the period from 8/4/0*o and including the date of your Responses to these Requests; B. Check Register, Checks and Withdrawals: All check registers, for the Financial Accounts indicating any checks written or withdrawals made by you from the Financial Accounts at any time during the period from 8/4/06 to and including the date of your Responses to these Requests. LIST THE DOCUMENTS THAT ARE ATTACHED IN RESPONSE TO REQUEST # 3 HERE. 6 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Samuel L. Andes, Esquire 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (Counsel for Defendant) (AttbfAay-Rejistration No 32112) 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliff@comcast. net Phone: (717) 737-0100 Fax: (717) 975-0697 Counsel for Plaintiff Dated: Februa[y 26, 2010 7 EXHIBIT P-2 ANSWERS TO REQUESTS FOR PRODUCTION OF DOCUMENTS MICHAEL RICE, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 08-2100 CIVIL TERM CIVIL ACTION - LAW CYNTHIA RICE, ) Defendant ) IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS - FIRST SET AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and makes the following Answer to Plaintiff's Request for Production of Documents: a. Attached hereto under TAB 1, are copies of the paycheck stubs requested. b. Attached hereto, under TAB 2, is a copy of Defendant's Statement of Account for 2009 from the Pennsylvania State Employees Retirement System. She has no other documents describing her employment benefits. c. Attached hereto, under TAB 3, is a copy of Defendant's most recent Social Security Benefit Statement. 2. Defendant objects to providing these documents because her interest in the subject property is, by the terms of two separate agreements signed by the parties, non-marital property and the value of the property, together with any increase in its value, is excluded from consideration in the parties' divorce action. Defendant has previously provided copies of these agreements to Plaintiffs attorney. 3. Attached hereto, under TAB 4, are copies of statements from Defendant's accounts at PSECU. She also holds, for the benefit of her son, a small account with PSECU which has a balance of $514.00, more or less. The account contains money given to her son and the funds in it belong to her son and do not belong to Defendant. 4. Attached hereto, under TAB 5, are copies of the check registries for Defendant's accounts from January 2007 to the present. She does not have check registers or bank statements, for her accounts prior to that date. Samuel L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). 1 " DATE u.o c? J CYNT A RICE CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Date: 30 April 2010 (Imjh Amy NW.arkins cretary for Samuel L. Andes EXHIBIT P-3 5/18/94 PRENUPTIAL AGREEMENT PRE-NUPTIAL AGREEMENT THIS AGREEMENT made this day of May, 1994, at Harrisburg, Pennsylvania, by and between MICHAEL A. RICE (hereinafter referred to as "Michael") and CYNTHIA L. KOFALT (hereinafter referred to as "Cynthia"). W I T N E S S E T H: WHEREAS, the parties to this Agreement are anticipating marriage to each other on May 21, 1994; and WHEREAS, in anticipation of their intended marriage, the parties desire to express in writing their respective financial and property rights and obligations as between each other; and WHEREAS, the parties have furnished to each other financial disclosures, receipt of which the parties hereby acknowledge and copies of which are attached hereto as Exhibits "A" and "B"; and WHEREAS, each of the parties has had the opportunity to seek the advice of legal counsel and each has had the opportunity to be fully advised as to his or her economic rights as a result of their impending marriage. NOW, THEREFORE, intending to be legally bou EXHIBIT parties agree as follows: s 1. Michael and Cynthia are now aware of the assets and liabilities of the other as demonstrated by the attached Exhibits "A" and "B" and acknowledge and agree the said disclosure is full, fair and satisfactory although the amounts indicated may not be exact. Michael and Cynthia further acknowledge that each has been afforded the opportunity to inspect and examine the other's personal and business financial records, but that he and she have elected not to avail himself or herself of such opportunity. i 2. Michael and Cynthia agree that all property, real and personal, owned by him or her at the time of their marriage, including the real estate owned individually by Cynthia, which is more specifically described in the deed which is attached hereto and made a part hereof and which shall be addressed separately in this Agreement, shall continue to be the separate property of the respective parties and shall not become marital property. However, the parties have been informed and understand the law of equitable distribution now in effect in the Commonwealth of Pennsylvania and agree that said law shall be controlling with respect to the distribution of the income and increase in value of those assets owned by the parties individually prior to the marriage, with the exception of the real estate owned separately by Cynthia, which is more fully addressed in Paragraph 3 of this Agreement. 2 3. The parties acknowledge that Cynthia is the sole owner of a certain tract of land containing 3.646 acres, located in Wayne Township, Dauphin County, Pennsylvania. A copy of the deed to the aforesaid property dated August 28, 1990, is attached hereto and made a part hereof. The parties further acknowledge and agree that the current fair market value of this property is $50,000.00 and is free and clear of any mortgages, liens or encumbrances. In the event the parties separate from each other or their marriage terminates for any reason or by any means (other than by the death of either party), whether pursuant to a decree of divorce or annulment, the property shall be subject to equitable distribution in accordance with the law in effect at the time of separation, with the exception that Cynthia shall first be entitled to that share of the value of the property equalling $50,000.00, which is its current fair market value, regardless of the disposition; that is, whether the property is sold or retained by either party pursuant to their further agreement. Cynthia shall have the first option to retain the property and pay to Michael one-half of the .equity in the property exclusive of the first $50,000.00 of value. For example, if the property is worth $100,000.00 at the time of separation as defined herein, and there is a mortgage or other lien or liens against the property totalling $25,000.00, Michael's share shall be determined as follows: 3 Fair Market Value Less Portion Reserved to Cynthia Less Lien/Encumbrances Amount Due Michael $100,000.00 50,000.00 $ 50,000.00 25.000.00 $ 25,000.00 2 $.12,500.00 The payment from jointly held funds or funds held individually by Michael, including but not limited to the payment of a mortgage, real estate taxes, improvements, repairs or otherwise, shall under no circumstances be evidence of any intention by either party of an agreement between them to vest in Michael any greater right to the real estate than is otherwise provided by this Agreement. 4. The parties shall be deemed separated for purposes of this Agreement upon the first to occur of the following: (a) The filing of a divorce action by either party against the other, or (b) The receipt of written notice of separation by one spouse from the other. 5. The parties hereby acknowledge that each has given full consideration to the net worth and income of the other party and that he and she are entering into this Agreement freely, voluntarily and with full understanding of all of its provisions. 'The assumption of an equal division is for illustrative purposes only. 4 6. The parties further agree that this Agreement is reasonable, based upon the totality of all facts and circumstances including, but not limited to, the financial worth of the intended husband, the financial worth of the intended wife, the age, education and intelligence of the parties, the income and assets of the parties and the standard of living of each of the parties prior to the marriage. 7. This Agreement shall come into effect only if the parties are hereafter legally married, as presently contemplated, and upon becoming effective shall be binding on and shall enure to the benefit of the parties and their respective heirs, next of kin, devisees, legatees, beneficiaries, appointees, executors, administrators, personal representatives and assigns. 8. The interpretation and validity of the provisions of this Agreement shall be governed by and under the laws of the Commonwealth of Penpsylvania, where this Agreement has been executed and where the marriage of the parties is scheduled shortly to occur. IN WITNESS WHEREOF, the parties in the presence of each 5 other and of the witnesses, have set their hands and seals on the day and year first above written. WITNESS: PERSONAL FINANCIAL STATEMENT of CYNTHIA L. ROFALT MAY, 1994 Assets: Present Value Real Estate - Lot No. 23, Powell's Valley Estate, Wayne Township, Dauphin County, Pennsylvania - Containing 3.646 acres (Deed attached) $50,000.00 1988 Toyota Celica Miscellaneous Household Contents 12,000.00 Exhibit I'A1' PERSONAL FINANCIAL STATEMENT C•Y-j MICHAEL A. RICE MAY, 1994 Debts: 1986 Chevy Blazer Loan Balance: $2580.00 Student Loan Balance: $5,654.67 Assets: Miscellaneous Household Contents 1986 Chevy Blazer Exhibit UBn P 102-OEED- WARRANTY G R S T- 1 CopvIBN 1976° by ALL-STATE LEGAL SUPPLY CO. IND. OR CORP. On* Counts Olive. Cnnaad. N. J. 07016 ?hiS ?eea made the 618111- day of Uttwttu Michael E. Kline of the Township of Wayne, County of Dauphin and Commonwealth of Pennsylvania herein designated nv the Grnrtom. Ana Cynthia L. Kofalt, singlewoman, of 1101 Yverdon Drive, County of Cumberland and Commonwealth of Pennsylvania herein drsiganfrrl as the Grnrtres: Ultnettttil, that the Grantors, for and in consideration of Twenty-Five 1h? ($25,000.00) Dollars --------------------------------------- --------- ---------------------- lauful money of the United States q(Arnerica, to the Grantors in hard bell and it-lily poid by the Graab-es. at or before the sealing and delivent of these presents, the receipt trhercv,j is hereby arknonlryhnl cord the Grantors being therewith fatly satisfied, do by these presents grant, 1mrgain, sell and rourry nufa the Grantees forever, All that certain lot, tract or parcel of land and premistx, sihrale, lying tend bring in the Township of Wayne in lite lb,rnty of Dauphin and Commonwealth of Pennsylvania, more particularly described at fdlorrs: BEGINNING at a 1/2" rebar (set) in Wayne Township, Dauphin County, Pennsylvania, said point being on the north right-of-way line of Powell's Ridge Road (25' from centerline) (50' Wide), said point also being on the northeast corner of Lot #22; thence, along Lot #22 North 86 degrees 57 minutes 01 seconds West, 432.41 feet to a 1/2" rebar (set); thence, along a portion of Lot #21 North 11 degrees 59 minutes 25 seconds West, 390.44 feet to a 1/2" rebar (set); thence, along lands now or formerly of Bruce H. Dorman North 64 degrees 45 minutes 39 seconds East, 200.63 feet to a 1/2" rebar (set); thence, along Lot 124 South 42 degrees 11 minutes 32 seconds East, 478.04 feet to a 1/2" rebar (set) on the cul-de-sac of Powell's Ridge Road. (501 wide); thence, along the curve to the left having a radius of 60.00 feet, a delta angle of 110 degrees 08 minutes 01 seconds, a lenath of 115.33 feet and a chord bearing of South 07 degrees 15 minutes 32 seconds East, 98.38 feet to a 1/2" rebar (set); thence continuing along the north right-of-way line of Powell's Ridge Road (50' wide) South 03 degrees 02 minutes 59 seconds West, 38.76 feet to the point of BEGINNING. CONTAINING 3.6460 acres. BEING Lot No. 23, on a final plan for Powell's Valley Estate recorded in the Dauphin County Recorder's Office in Plan Book N, volume 4, Page 14. SUBJECT, to the following restrictions which shall run with the land: 1. No lots or building structures shall be used for business, commercial or manufacturing purposes. The premises hereby conveyed shall be used for residential purposes only. o ` 2. No home shall. hp built having less than one thousand two hundred (1,200) square feet (exclusive of any garage or basement). Homes o having less than the required square footage will require in i developers approval prior to construction. _ cli_ i W? ar 7 ?. u S ° fi Q E 3. Only single family dwellings shall be allowed. 4. No mobile home, house trailer or similar structure shall be placed on said property at any time. 5. No block structures shall be allowed as a finished building. 6. No more than two (2) out buildings may be constructed on any property. These buildings shall have permanent foundations and be built so as not to detract from existing structures. 993il1470PnGE i09 IEogtilitr with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof,- AnD also all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantors balk in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. Ilo hour nab to hall) all and singular the premises hereindescribed together with the heredilaments and appurtenances unto the Grantees and to Grantees'proper use and benefit forever. specially Aab the Grantors covenant that except as maybe herein set forth, they do and urill orrurr Aoarront and Deirnb the lands and pro ises,hereditaments and appurtenances hereby conveyed, against the Grantors and all other persons lawAlly claiming the same or to claim the same. In all references herein to any persons, entities or corporations, the use of any particular gender or the plural or singular number is in! to i"ncl the appropriate gender or number as the test of the within instrument may require. Wherever in this instrument an party shall bed oted or referred to by name or peneral reference, such des?'pca- tion is intended to and shall have the same Wed as ( the words "heirs, executors, administrators, personal or legal representatives, successors and assigns" had been inserted after each and every such designatiox itt Witness Whettot, the Grantors have hereunto set their hands and seats, or if a corpomtion, it has caused these presents to be signed by its proper corporate officers and its corporate seat to be offcYed hereto, the day and year first above written. Dipntb, Dtaltb Nab ]Dttine"D In the presence of ........ ....................... or ttrsttIl bg chart E Kline 4e ??-- .......... .........? ......................... Lori A. Kline ? ?1y, Pennsylvania euptid? Ttansler Tax 41 Real Es1a1 o, Date Cone •ni eat (110mmanwratt4 of flraneglaants. (1ounig of tax.: Be It 8rmembereb, that on 1 k-)44 ;D AU6LJrr 19 90 , before me the subscriber personally appeared Michael e. Kline and Lori A. Kline known to me (or satisfactorily proven) to be the person s whose names are subscribed to the within deed and acknowledged that t he y executed the same Jim the purposes therein amtained. Witness my hand and seal the day and year aforesaid. .t.r[AML asAL AICKa'Y C. SHOOT, YOTAAY PUPLIC ??( C? vr.*)4Sa._ Pest i? _tAMMUNG DAUP.du CO.. PA my COMMMOV UM40 NAT 29, 1993 s,,3 1470PzE 191 tQommo"wralth of }rnnegloania, fIIountg of 168.: Be It Etmtmtimb, that opt JS brfun• rite the sttbsrrilx•r. personnity, appeared it-ho acknowledged self to be the of is C'op7mration, and that being authorized to do so as such corparnte nificer executrd the fipngtoitty ittsh•tnneptt for the purposes therein contained on behalf of the corporation. Wittiest my hand and seat the day and year gforesaid. 0 C l? tv = tip (? ? L ofJ ? , O _ rQ q M h O J? ro y ts O Stan d Pangs lma DAUDM RrAtxtye? i? t Et;it.F ro ro ?{ EAU i tl dl 1503, >31c. BI and for Mo GOUnb1 d • ?' RQMW 13A0}r 1111 m onv 1w 61 9m, W L C L y ? ` a9oK1470PAGd92 ?_ [. EL EXHIBIT P-4 6/26/06 AGREEMENT AGREEMENT THIS AGREEMENT made this?? day of 2006, at , Pennsylvania, by and between NHCHAEL A. RICE (hereinafter "Michael") and CYNTHIA RICE (hereinafter "Cynthia"). WITNESSETH: WHEREAS, the parties to this Agreement entered into a Pre-Nuptial Agreement on May 18, 1994; and WHEREAS, the parties were married on May 21, 1994; and WHEREAS, the parties wish to enter into this Agreement which will supersede and replace certain provisions of their Pre-Nuptial Agreement; and WHEREAS, each of the parties has had the opportunity to seek the advice of his or her own legal counsel and to be fully informed and advised as to their rights regarding the matters addressed in this Agreement. NOW, THEREFORE, intending to be legally bound, the parties agree as follows: Michael and Cynthia acknowledge that Cynthia remains the sole owner of the unimproved tract of land consisting of 3.646 acres, located in Wayne Township, Dauphin County, Pennsylvania, which was referenced in paragraph 3 of their Pre-Nuptial Agreement of May 18, 1994. A copy of the deed to the aforesaid real property dated August 28, 1990, is attached hereto and made a part hereof. 2. The parties further acknowledge that Wife intends to sell said real property and anticipates that net proceeds of approximately $75,000.00 will be realized from the sale. 3. Michael and Cynthia hereby agree that in the event either party initiates divorce proceedings against the other, whether in the Commonwealth of Pennsylvania or any other jurisdiction, the entire proceeds from the anticipated sale of the aforementioned real estate shall nonetheless remain the sole and separate property of Cynthia. The parties further agree that any asset acquired with any portion of said proceeds shall be the sole and separate property of Cynthia, at least to the extent of the amount of the proceeds so expended. EXHIBIT 4. The parties have been informed and understand the law of equitable distribution now in effect in the Commonwealth of Pennsylvania and agree that said law shall not be controlling with respect to the distribution of the proceeds from the sale of Cynthia's real estate as described herein or any asset acquired with said proceeds. 5. Michael hereby waives and relinquishes all rights of inheritance in and to the proceeds from the sale of Cynthia's real estate, as described in this Agreement, and any assets acquired with said proceeds. 6. The parties hereby agree that this Agreement expresses the entire agreement between them concerning the subjects it purports to cover and supersedes any and all prior agreements between them to the extent that the terms of any prior agreements are inconsistent with any of the terms of this Agreement. This shall include their Pre-Nuptial Agreement of May 18, 1994. 7. No modification, rescission, or amendment to this Agreement shall be effective unless in writing and signed by both parties hereto. 8. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns and successors. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. Witness: ?j A. RICE C RICE 2 COMMONWEALTH OF PENNSYLVANIA ) ) ss. COUNTY OF Z&e,?KIZ On this, the :, --A day of JG,,l?? , 2006, before me the undersigned officer, personally appeared MICHAEL A. RICE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS THEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal . Joseph W. Souders, NoUq Public Seisqueharna Twp., Dauphin Comfy My Cartrr>is w Expim Feb. 5, 2009 Member, Pennsylvania Association of Notaries otary Public My Commission xpires: - ??, COMMONWEALTH OF PENNSYLVANIA ) ss COUNTY OF (Ji?l•(/ j . On this, the. ?? day of 2006, before me the undersigned officer, personally appeared CYNTHIA RICE known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA tJot Seal Joseph W. So?u..ISd?dw ersN?o?ta{?r(y?Public `/y?? &Agveha" .M r? ¦+wph ? Comfy My Comrnleeft Eon Feb. 5, Zoos N Pu is M#mber, Pennsylvania Association of Notaries My Commission Expires: --6 4'&ajtf : ODM,4 I PCDOCSI D0CS1126262 U P 102-DEED-WARRANTY IND. OR CORP. G R ST-1 Copyright 1978* br ALL-STATE LEGAL SUPPLY CO. One Comn wc* 06M. Cr,nlprd. N. J. 07016 414h; D Pe i , made the JUA rlay 4 4WOFIU, / 1..9 90 Wetmetn Michael E. Kline of the Township of Wayne, County of Dauphin and Commonwealth of Pennsylvania herein desigufitcrl ns the Gmntor, Ana Cynthia L. Kofalt, singlewoman, of 1101 Yverdon Drive, County of Cumberland and Commonwealth of Pennsylvania hrrein demignated fix Nee Grrraleex; Witnesuth, that the Grantors, for and in consideration of Twenty-Five 1!uwrd (#25,000,00) Dollars -----------------------__??-__-_---------------------------- ------ laujal money of the United States of Alnerica, to the Grantors in blind well find frilly Imeirl by the t:rnnteK s, at or before the senling and delivery of these presents, the receipt lrhemg' is hereby acknerrrlrrlgrrl line/ the Grantors being therewith filly satisfied, do by these presents grunt, bargain, sell and rourcy nntn the Grantees forever, All that certain lot, tract or parcel of land and premiscs. situate, lying irnd bring in the Township of Wayne in the t inrnty of Dauphin and Commonwealth of Pennsylvania, more particularly described as folknes: BEGINNING at a 1/2" rebar (set) in Wayne Township, Dauphin County, Pennsylvania, said point being on the north right-of-my line of Powell'a Ridge Road (25' from centerline) (501 Wide), said point also being on the northeast corner of Lot #22; thence, along Lot #22 North 86 degrees 57 minutes 01 seconds West, 432.41 feet to a 1/2" rebar (set); thence, along a portion of Lot #21 North 11 degrees 59 minutes 25 seconds West, 390.44 feet to a 1/2" rebar (set); thence, along lands now or formerly of Bruce H. Dorman North 64 degrees 45 minutes 39 seconds East, 200.63 feet to a 1/2" rebar (set); thence, along Lot 124 South 42 degrees 11 minutes 32 seconds East, 478.04 feet to a 1/2" rebar (set) on the cul-de-sac of Powell's Ridge Road (50' wide); thence, along the curve to the left having a radius of 60.00 feet, a delta angle of 110 degrees 08 minutes 01 seconds, a length of 115.33 feet and a chord bearing of South 07 degrees 15 minutes 32 seconds East, 98.38 feet to a 1/2" rebar (set); thence continuing along the north right-of-way line of Powell's Ridge Road (50' wide) South 03 degrees 02 minutes 59 seconds West, 38.76 feet to the point of BEGINNING. CONTAINING 3.6460 acres. BEING Lot No. 23, on a final plan for Powell's Valley Estate recorded in the Dauphin County Recorder's Office in Plan Book N, volume 4, Page 14. SUBJECT, to the following restrictions which shall run with the land: Z yt 3i ?u Q 0 CS ;n 1( II i; - 0 : qQ-r 1. No lots or building structures shall be used for business, commercial or manufacturing purposes. The premises hereby conveyed shall be used for residential purposes only. 2. No home shalt. hp huilt having less than one thousand two hundred (1,200) square feet (exclusive of any garage or basement). Homes having less than the required square footage will require developers approval prior to construction. 3. Only single family dwellings shall be allowed. 4. No mobile home, house trailer or similar structure shall be placed on said property at any time. 5. No block structures shall be allowed as a finished building. 6. No more than two (2) out buildings may be constructed on any property. These buildings shall have permanent foundations and be built so as not to detract from existing structures. s6A470P-6E 189 Goyethtr with aU and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditament# and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and Rf every part and parcel there Aub also all the estate; right, title, interest, use, possession, property, claim and demand whatsoever of the Grantors both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. lea have nub to bola all and singular the premises herein described together with the hereditaments and appurtenances unto (he Grantees and to Grantees' proper use and benefit forever: specially Aab the Grantors covenant that, except as may be herein set forth, they do and will Former Avarrant and befrub the lands and premises, hereditaments and appurtenances hereby conveyed, against the Grantors and an other persons to vjUy claiming the same or to claim the same. !n all ?rja+ences herein to any potties Dersoux entities or corporations, the use of ante particular gender or the plural or shvilor number is intended to incFw6 the appropriate gender or number an the test of the within instrument may WAereser in this inetrxment an party shelf be designated or rovrred to by name or Peseral reference. such des' na- Lion is intenlel to and shall have the sane effect as at words "heirs. ematoms, mod iuistrotors, personal or kpat representatives, successors and assigns" had been inserted gAer twA and every such designation. is W itaru Whereat, the Grantors have hereunto set their hands and seals, or if a corporation, it has tossed these presents to be :;fined by its proper corporate etfficen and its corporate seat to be g0tred hereto, the day and year first above written. Nbneb, Itileb nab Brttutreb to the presence of or Attesteb bg .uf./ ..................... chael E Kline VP . 40A .......... ?,...? ..... ......................... Lori A. Kline Twaa+a_ \l ?,:5.0 .."aw of ?yjn Counly Penormal" Transler Tea ?' goal E O t pti..t. r C ,._ gores ng eat I j-1 Momuwnwralttl of Prnnsglnanta. Mounig of lira.: Be it 8rmembereb, that on 18-r?h DX 41j6ut7-lg cj0 ,before me the subscriber Cy -S personally appeared Michael e. Kline and Lori A. Kline known to me for satisfactorily proven) to be the person s whose names are . subscribed to the within deed and acknowledged that they executed the same for the purposes therein coutninrd. Witness my hand and seal the day and year aforesaid. .inner c. SnOOP. PIOrARY PUPUC e r,? ?,as?,? JAMSBM DAUP.r7N CO., PA Mr COMMISStOr EIMES MAT 29,199 Boo.1470P.-GE 191 I. (10mmunwrttlt4 of 13rnnaglunnts, (IIounty of r"S.: Nt it $tmemberrb. that on ly Grf:,r< nre the snGxrrilxr, personally appeared who acknowledged self to be the r?! a Cortwation, and that being authorized to do so as such corporate gfficer erecutrd theibrettointt instrirunent for the purposes therein contained on behalf of the corporation. IMitness my hand and seal the day and year gforesaid. cs r ? L U M V Y v a A eann?;nan?ti t S. ' ; WIS at c? . o.?abln wand R6oaae3 ?? c? Ct?? i?F Y ? ? .? 1W and lot Ih? ?t ®Y dl left bk • Y , Racotd BDOY ' ` WO My Mnd and 5161 O W L 1• ` BOot1470PSSE 192 j Y k : tl ?` QC`s ` V ~ ; • 1/71 0 6 2010 MICHAEL RICE, VS. CYNTHIA RICE, NO. 08-2100 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW this .- _?71 day of W,7 j 2010, it appearing that the pleadings are closed on the Defendant's request for fees and expenses, a hearing is hereby scheduled, to be held in Court Room No. / of the Cumberland County Courthouse in Carlisle, Pennsylvania, before the undersigned, commencing at /1? -'q-5- o'clock A- m. on the 1,,9 V- u day of 2010. RV THE C01JRT_ Dis,iribution: Diane G. Radcliff, Esquire (Attorney for Plaintiff) 3448 Trindle Road, Camp Hill, PA 17011 amuel L. Andes, Esquire (Attorney for Defendant) 525 North 12' Street, P.O. Box 168, Lemoyne, Pa 17043 f r 1810 MAY ! 1 Pil g. 49 OAeERL" COL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA } Plaintiff ) Defendant ) MICHAEL RICE, Plaintiff V. CYNTHIA RICE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-2100 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 18th day of May, 2010, upon consideration of the above- captioned motion, a discovery conference is scheduled in chambers of the undersigned judge for Friday, July 2, 2010, at 9:00 a.m. Diane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff Samuel L. Andes, Esq. 525 N. 12th Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant rc 0-6P, l £s rn?? ( lac BY THE COURT, J J C7 J ? o TI .`_ ?" L N rr R L1, .,F THE P J+r,Ky KAY M. 10* 22 2010 t 0RjGj';jA1L pf- TYPE OF PLEADING: Petition for Special Relief Exclusive Possession of Marital Home - 23 Pa.C.S.A. 3502(c) PREPARED AND SUBMITTED BY: Diane G. Radcliff, Esquire Attorney for Plaintiff ASSIGNED JUDGE: J. Wesley Oler, Jr., Judge APPEARANCES BY ATTORNEYS ATTORNEY FOR PLAINTIFF ATTORNEY FOR DEFENDANT Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Phone: 717-737-0100 Fax: 717-975-0697 Email: dianeradcliff Ccomcast.net Supreme Court ID # 32112 Samuel L. Andes, Esquire 525 North Twelfth Street • P.O. Box 168, Lemoyne, PA 17043 Email: LawAndes@aol.com Phone: 717-761-5361 Fax: 717-761-1435 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL RICE Plaintiff V. NO. 08-2100 CIVIL TERM CYNTHIA RICE CIVIL ACTION - LAW PLAINTIFF'S 'S PETITION FOR SPECIAL RELIEF EXCLUSIVE POSSESSION OF MARITAL HOME 23 Pa.S.C.A. 3502(c) AND NOW, comes the Petitioner, Michael Rice, by his attorney, Diane G. Radcliff, Esquire, and files the above referenced Petition, and represents that: 1. This is a divorce case. This Petition involves a request for exclusive possession of the -2- marital residence pursuant to 23 Pa.C.S.A. 3502(c). 2. The following attorneys have entered their appearances in this case: (a) Diane G. Radcliff, Esquire for Plaintiff; (b) Samuel L. Andes, Esquire for Defendant . 3. A copy of this Petition was provided to Defendant's attorney on May 11, 2010, who was asked to consent to the relief requested in this Petition, but no such consent was obtained 4. The following Judge (s) was/were previously assigned to this and any companion cases: The Honorable J. Wesley Oler, Jr. 5. Your Petitioner is Michael Rice, (hereinafter referred to as "Husband"), and is the Plaintiff in the above captioned divorce action. 6. Your Respondent is Cynthia Rice (hereinafter referred to as "Wife"), and is the Defendant in the above captioned divorce action. 7. The within action was commenced by the filing of a Divorce Complaint on April 2, 2008, which complaint was served upon the Wife on April 14, 2008 as appears on the Acceptance of Service filed of record in this case. 8. An Amended Complaint in Divorce was filed on June 16, 2008. 9. In the Amended Divorce Complaint, the following claims were raised: a. Divorce under Sections 3301(c) and 3301(d) ; b. Equitable Distribution of Marital Property and Debts; 10. On or about August 28, 2008, Wife filed a Petition for Economic Relief raising claims for equitable distribution, APL, alimony, counsel fees and costs. 11. The parties are husband and wife. They were married on May 21, 1994 and separated on or about December 31, 2007. 12. The parties are the joint owners of a certain tract of improved real estate known and numbered as 37 Stone Run Drive, Mechanicsburg, PA 17050, (hereafter "the Marital - 3 - Home"), used as their marital residence until their separation. 13. For the past three(3) years, more or lass, Husband has used the Marital Home as the residence for himself and the parties' child, Jonathan Rice, born March 17, 1995, (hereafter "the Child"). 14. For the past three(3) years, more or lass, Husband has paid all of the bills for the Marital Home and household expenses without contribution from Wife. 15. For the past three(3) years, more or less, excepting only the last week or so, Husband cooked all of the meals for the Child, inviting Wife to join them for dinner when she has been there. 16. For the past three (3) years, more or less, Wife has been residing elsewhere and only occasionally spending the night in the Marital Home. 17. On one occasion in 2010 when Wife spent the night in the Marital Home, she brought her boyfriend with her who also spent the night there. 18. Wife comes to the Marital Home during the day to do her laundry, using water and electricity paid for by Husband. 19. Recently, Wife told Husband that she intends on coming to the marital residence with more regularity. 20. Until the last week of so, during the past three (3) years, more or less, Wife has cooked no meals for the Child. 21. On several occasions, Wife caused such a disruption as to interfere with meals for Husband, the child and other family. 22. On at least one occasion Wife refused to permit her relatives to eat with the Child, even though he has a close relationship with them. 23. Exclusive possession of the Marital Home should be granted to Husband because: (A) Husband and the Child have no other place to live other than the Marital Home. (B) Wife has been living elsewhere for the last 3 +/- years. (C) Wife makes no contribution of the household expenses for the Marital Home -4- including but not limited to marital home mortgage real estate taxes, homeowners insurance utilities, food and the like. (D) Because of Wife's actions, Wife's presence in the marital home is psychologically detrimental to the Child and Husband. 22. Husband has and will incur attorneys fees in bringing this action and claim is made therefor. WHEREFORE, Husband, Michael Rice, respectfully requests this Honorable Court to enter an Order granting him exclusive temporary possession of the Marital Home and excluding the Wife therefrom pending equitable distribution of the parties' marital property and to award Husband counsel fees and costs incurred in brining this Petition. Respectfully submitted, DI CLIFF, ESQUIRE 3 Road Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Petitioner, Michael Rice - 5 - VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. MICHAEL RICE Date: b CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 (Counsel for Respondent/ Defendant) CLIFF, ESQUIRE egistration No 32112) 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliff@comcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Counsel for Petitioner/ Plaintiff Dated: May 13, 2010 -7- MAY l 12010 BLED . 2010 HA 1 24 N1 2; v,i PE!.\.{`aJ.lLOv+ % v')? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL RICE Plaintiff V. NO. 08-2100 CIVIL TERM CYNTHIA RICE CIVIL ACTION - LAW RULE Re: Plaintiff's Petition for Special Relief Exclusive Possession of Marital Residence - 23 Pa.C.S.A. 3502(c) AND NOW, this Z ' R ay of , 2010, upon consideration of the within Petition, IT IS HEREBY ORDERED that: A Rule is entered upon the Defendant to show cause why the relief requested in the within petition should not be granted. Rule Returnable at a hearing scheduled for thea34/day of , 2010 at/ 30 o'clock 4.m. in Courtroom --L- of the Cumberland County Courthouse, Carlisle, Pennsylvania. gi?io tee*' ^a -..n..r++ent nn the icc?lcc ra1GPf? 11'1 t?'1P lthln pPtitinn cx DISTRIBUTION TO: Attorney for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Rd., Camp Hill, PA 17011 1--ritorney for Defendant: Samuel L. Andes, Esquire, P.O. Box 168, Lemoyne, PA 17043 1A V n / 'qq& tv t? v c e s ?1-?.? t LFt? A 13 "N 01 2010 J161 1, MICHAEL RICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CYNTHIA RICE, Defendant CIVIL ACTION - LAW NO. 2008-2100 IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF - EXCLUSIVE POSSESSION OF MARITAL RESIDENCE AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and makes the following Answer to Plaintiff s Petition for Exclusive Possession: 1 through 10. Admitted. 11. Admitted in part and denied in part. Defendant admits the parties were married on 21 May 1994 but denies that they separated on 31 December 2007. 12. Admitted. 13. Denied as stated. Both parties and their child have resided in the marital residence along with Defendant's brother. 14. Denied. It is admitted that Plaintiff pays the mortgage and some other expenses associated with the house, as he has done throughout the parties marriage because of his far greater income. However, Defendant has paid expenses for the benefit of the parties and their child including health insurance, cleaning, landscaping and maintenance of the property, food and cleaning supplies, the son's clothing and school supplies, and the like. In addition, Defendant has contributed her services in the form of cleaning the house and the like. 15. Although Defendant admits that Plaintiff has prepared most of the meals in the residence, she denies that he has prepared all of the meals for the parties' son and claims that she herself have prepared meals on occasion. The present arrangements are consistent with the arrangements throughout most of the parties marriage. 16. Denied. Although on occasion Defendant stays elsewhere, she is at the home the vast majority of nights. 17. Denied. Defendant has not had any boyfriend spend the night at the marital residence. To the contrary, Plaintiff has had his girlfriend at the house on some occasions. 18. Denied. Defendant is home most evenings and weekend days. She does laundry for herself and the son. The marital home is her residence and she lives there almost all of the time. 19. Denied. Defendant made no such statement to Plaintiff. To the contrary, she resides at the marital residence and has no reason to come to the residence "with more regularity." 20. Denied. Defendant prepares meals for the parties son, particularly on weekends. 21. Denied. To the contrary, Plaintiff disrupts meals by making false and defamatory statements to the parties' son about Defendant with the apparent intention to disturb and upset Defendant. As a result of his crude and unpleasant statement and accusations disrupt the meals for all persons present. 22. Denied. Defendant is not aware of any occasion on which she refused to permit her relatives to eat with the parties' child. 23. Denied for the following reasons: A. The child can continue to reside in the marital home with Defendant if Plaintiff is so intent on the parties separating and one of them moving out of the house. B. Wife has not lived elsewhere for the past three or more years. To the contrary, the marital residence is and has been her residence during that entire time. Each of the parties filed petitions with this court previously, under the Protection from Abuse statute, in an effort to exclude the other party from the residence. After several days of hearings, this Court, by the Honorable Edgar B. Bayley, Judge, declined to order either party out of the residence. C. Denied. As stated above, Defendant makes significant contributions, both financial and otherwise, to the residence. Defendant admits that Plaintiff pays the mortgage and real estate taxes, but that is consistent with the pattern the parties established throughout the marriage and is a result of Plaintiff earning substantially more money than Defendant. D. Denied. Defendant's presence in the home is helpful and reassuring to the parties' son. It is Plaintiff s conduct which is detrimental, upsetting, and disturbing to the parties' son. 22. Defendant denies that she is obligated to pay any of Plaintiffs attorneys fees. Plaintiff has brought this action without a valid factual or legal basis for it and, by doing so, has caused Defendant unnecessary legal fees and expenses, for which she now makes claim against Plaintiff. WHEREFORE, Defendant prays this court to dismiss Plaintiff s petition and to award her the attorneys fees she has incurred and will incur to defend Plaintiff s Petition. el L. es Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn falsification to authorities). Date: b ^ 1 Cynthia R' e CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, Pa 17011 Date: 16 June 2010 O"Arm. Amy M arkins S cretary for Samuel L. Andes P' r wL Tt r - 2010 .I ii -9 CU" a. Pleading: Plaintiff's Motion for Continuance of Hearing on Defendant's Petition for Costs Prepared and Submitted by: Diane G. Radcliff, Esquire, Attorney for Plaintiff Assigned Judge: The Honorable J. Wesley Oler, Jr. Appearance For Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Email: dianeradclif[@comcast.net • Phone: 717-7370100 • Fax: 717-975-0697 Appearance For Defendant: Samuel L. Andes Esquire, 525 North Twelfth Street, PO Box 168, Lemoyne, PA 17043 Email: lawandesa aolcom • Phone: 717-761-5361 • Fax: 717-761-1435 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL RICE, Plaintiff V. CYNTHIA RICE, ; Defendant NO. 08-2100 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION FOR CONTINUANCE AND NOW, this 9th day of July, 2010, Diane G. Radcliff, Esquire, Attorney for Plaintiff, Michael Rice, hereby moves this Honorable Court to continue the hearing on Defendant's Petition for Costs scheduled in this case for July 12, 2010 commencing at 10:45 am, and in support thereof represents that: 1. The continuance of the July 12, 201010:45 am hearing on Defendant's Petition for Cost is necessary because: (a) This hearing involves Defendant's request to have Plaintiff pay for the cost of appraising his business. Page 2 (b) One of the Plaintiff's defenses to that Petition is that Defendant has sufficient funds to pay for her own appraisal in part because she should have a substantial sum of money left from the $74,000+ in proceeds she received from the sale of her property in Halifax, PA in August 2006. (c) To establish that defense, Plaintiff served Interrogatories and Requests for Production of Documents on the Defendant. (d) Defendant objected to the discovery requests pertaining to the Halifax property proceeds. (e) A Discovery Conference was held on July 2, 2010. At that conference an Order was dictated requiring Defendant to provide the requested discovery regarding the disposition of her Halifax property proceeds. (f) Because counsel thought the hearing on the Defendant's Petition for Costs was scheduled on or about July 23, 2010, it was ordered that the discovery material was to be provided 15 days after the conference, which would be by July 19tH (g) Since the discovery deadline date is after July 12, 2010, the hearing should be continued and rescheduled so that all discovery material regarding the Halifax sale proceeds has been provided to Plaintiff in advance of the hearing. 2. The following attorneys have entered their appearances in this case: (a) Diane G. Radcliff Esquire for Plaintiff; (b) Samuel L. Andes, Esquire for Defendant. 4. Defendant's Counsel was contacted on July 9, 2010 and asked to consent to this motion, but was unable to be reached prior to the filing. It is therefore unknown if he consents to or opposes this Motion. 5. The following judge was previously assigned to this case: (a) The Honorable J. Wesley Oler, Jr. Page 3 Wherefore, Diane G. Radcliff, Esquire respectfully requests that the hearing scheduled for July 12, 2010 at 10:45 am be continued and rescheduled to the earliest possible date convenient to this Honorable Court and counsel for the parties. Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff, Michael Rice Respectfully submitted, CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows Samuel L. Andes, Esquire 525 North Twelfth Street PO Box 168, Lemoyne, PA 17043 (Counsel for Defendant ) and By Email and Fax as Follows: Samuel L. Andes, Esquire by Email to: lawandes aol com Samuel L. Andes, Esquire by Fax to: 717-761-1435 112) Camp Hill, PA 17011 Email: dianeradcliff col Phone• - 100- Fax: (71 ) 9 5-0697 Counsel for Michael Rice Dated: July 9, 2010 -5- MICHAEL RICE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION - LAW CYNTHIA RICE, Defendant NO. 08-2100 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 2nd day of July, 2010, upon consideration of Plaintiff's Motion to Compel Discovery and following a conference in chambers in which Plaintiff was represented by Diane G. Radcliff, Esquire, and Defendant was represented by Samuel L. Andes, Esquire, it is ORDERED AND DIRECTED with respect to the real estate situated in Halifax, Pennsylvania, which the Defendant sold on August 4, 2006, that the Defendant serve upon Plaintiff's counsel in verified form answers to the following questions: 1. In such detail as is available to Defendant, how were the proceeds from the sale received and distributed by the Defendant thereafter. 2. Defendant shall further furnish copies of all mlc t J Q _1 ?' j.. C r- ? t7i -7 ?J(? ' s ? cA = supporting documentation with respect to the answer to Paragraph 1. 3. It is understood that a deposition of the Defendant may follow the aforesaid discovery. Said information shall be furnished within 15 days of today's date. VDiane G. Radcliff, Esqu For the Plaintiff /Samuel L. Andes, Esquire For the Defendant G'©p;mss ???. Y nqe ,e;?L ~• MICHAEL RICE, Plaintiff v. CYNTHIA RICE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.08-2100 CIVIL TERM IN RE: PLAINTIFF' S MOTION FOR CONTINUANCE ORDER OF COURT AND NOW, this 14th day of July, 2010, upon consideration of the above- captioned motion, and with the concurrence of Samuel L. Andes, Esq., attorney for Defendant, the hearing previously scheduled for July 12, 2010, is rescheduled to Monday, August 23, 2010, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, 'Diane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff /Samuel L. Andes, Esq. 525 N. 12th Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant :rc ~ ,i J '. ~J. Wesley Ol , Jr., c? ~ -^ "rl '~ C_._ ---1 _ ~-~ ~~~ s+ -~y , ~:` ~°- c. _ -: ~: , ..-r, ry ~-~: ~.; -:; ~: -< MICHAEL RICE, Plaintiff v CYNTHIA RICE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-2100 CIVIL TERM IN DIVORCE IN RE: DEFENDANT'S PETITION FOR COSTS AND FEES & PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 23rd day of August, 2010, upon consideration of Defendant's Petition for Costs and Fees, and of Plaintiff's Petition for Special Relief, Exclusive Possession of the Marital Home, 23 Pa.C.S.A. 3502(c), and following a hearing held on this date, which has not yet been completed as to Plaintiff's Petition for Special Relief, but having been completed as to Defendant's Petition for Costs and Fees, it is ordered and directed as follows: 1. Defendant's Petition for Costs and Fees is denied, without prejudice to Defendant's right to place the issue of ultimate responsibility for such fees and costs before the Divorce Master; and 2. The record shall remain open on the issue of Plaintiff's Petition for Special Relief, and counsel are requested to contact the Court's secretary for purposes of scheduling a further day of hearing on that petition. a By the Court, tv r -v a N v Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 For Plaintiff 'f Samuel L. Andes, Esquire 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 For Defendant :mae MICHAEL RICE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v• CIVIL ACTION -LAW CYNTHIA RICE, . Defendant N0.08-2100 CIVIL TERM 1N RE: DEFENDANT'S PETITION FOR COSTS AND FEES AND PLAINTIFF' S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 8~' day of September, 2010, a further period of hearing in the above matter is scheduled for Monday, December 27, 2010, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. /Diane G. Radcliff, Es . q 3448 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff /Samuel L. Andes, Esq. 525 N. 12~' Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant :rc e ~ Es ma t l~ g~~ ~~v ~,-r~ s• f~ C. ~c ca ;a s• 0 n, ..a ,~."~ ~~ BY THE COURT, FE'I.E 3-tai F IC ws _ s. ?' ?jt ON 0 Tf?.i? i 200 19 OCT 13 Ate 10 CUMOERLA O COUHT;" FF?SYNel MICHAEL RICE, Plaintiff VS. CYNTHIA RICE, Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-2100 IN DIVORCE DEFENDANT'S MOTION FOR CONTINUANCE AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and moves the court for a continuance of the hearing scheduled for 4 January 2011, based upon the following: 1. The moving party herein is the Defendant. The responding party herein is the Plaintiff. 2. Both parties have filed and have pending before this court petitions asking the court to award them exclusive possession of the marital residence. Both parties have continued to reside in that residence since the commencement of this action approximately two years ago. 3. The court has scheduled a hearing on the parties' petitions for 4 January 2011. 4. Counsel for Defendant is not available that day because of a previously family obligation. Accordingly, Plaintiff requests that the hearing in this matter be continued to a later date. 5. Prior orders in this matter have been entered by the Honorable J. Wesley Oler, J. 6. Plaintiff's counsel, Diane Radcliff, Esquire, has been contacted about this Motion and stated that she does not oppose the continuance and postponement of the hearing. WHEREFORE, Defendant moves this court to continue the hearing scheduled for 4 January 2011, to a date when Defendant's counsel can be present. 9796el L. Antes Attorney for Defendant Supreme Court ID # 17225 525 North 12' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ? - Sam el L. Andes CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, Pa 17011 Date: 6 October 2010 Amy M. arkins Se retary for Samuel L. Andes n -^ 74 1 [1 >..._ i f ti 1 ?_s ?Je ^? 1i i'1 MICHAEL RICE, ) Plaintiff ) VS. ) CYNTHIA RICE, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-2100 IN DIVORCE DEFENDANT'S MOTION FOR CONTINUANCE AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and moves the court for a continuance of the hearing scheduled for Monday, 27 December 2010, based upon the following: 1. The moving party herein is the Defendant. The responding parry herein is the Plaintiff. 2. Both parties have filed and have pending before this court petitions asking the court to award them exclusive possession of the marital residence. Both parties have continued to reside in that residence since the commencement of this action approximately two years ago. 3. The court has scheduled a hearing on the parties' petitions for 27 December 2010. 4. Counsel for Defendant is not available that day because of a previously family obligation. Accordingly, Plaintiff requests that the hearing in this matter be continued to a later date. 5. Prior orders in this matter have been entered by the Honorable J. Wesley Oler, J. 6. Plaintiff's counsel, Diane Radcliff, Esquire, has been contacted about this Motion and stated that she does not oppose the continuance and postponement of the hearing. WHEREFORE, Defendant moves this court to continue the hearing scheduled for 27 December 2010, to a date when Defendant's counsel can be present. M%-fta 0M Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn falsification to authorities). Date: 12) 0th to V2,0- zo to Samuel L. Andes J CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, Pa 17011 Date: 18 October 2010 Amy Harkins Secretary for Samuel L. Andes t 1 ' MICHAEL RICE, Plaintiff VS. CYNTHIA RICE, Defendant ET-OFFICE 'PROTHONOTARY N1, ' I i N 2: 47 2010 CUMBE ?!D C=41TY PE NOV 16 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-2100 IN DIVORCE ORDER OF COURT AND NOW this day of 2010, upon the Defendant's Motion for Continuance, which Motion is not opposed b y counsel for Plaintiff, we hereby continue the hearing scheduled for Monday, 27 December 2010 and reschedule the matter, to be heard before the undersigned, in Court Room No. 1 of the Cumberland County Courthouse in Carlisle, Pennsylvania, commencing at o'clock __e-m. on the ry V day of L0 AA_ , 2011. BY THE COURT. Distribu ' Diane G. Radcliff, Esquire (Attorney for Plaintiff) 3448 Trindle Road, Camp Hill, Pa 17011 Samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12`h Street, P.O. Box 168, Lemoyne, Pa aw net lec,(, ,11 /17/10 17043 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL RICE Plaintiff V. CYNTHIA RICE NO.08-2100 CIVIL TERM CIVIL ACTION - LAW Defendant C MOTION FOR APPOINTMENT OF MASTER -nM r Z Michael Rice, Plaintiff, moves the Court to appoint a Master with respect to the follaigg ? rn cgm!?gb [X] Divorce [X] Distribution of Property r ?,r Qc [ ] Annulment [ ] Support ?' 7Z CD--n [ ] Alimony [ ] Counsel Fees _ >1= _ co C [ ] Alimony Pendente Lite [ ] Costs and Expenses :r cn In support of the Motion the Plaintiff states: 1. Discovery is complete with respect to the claims for which the appointment of the Master is requested. 2. The non-moving party previously appeared through his attorney, Samuel L. Andes, Esquire 2. The statutory ground for the divorce is/are: Section 3301 (c) and Section 3301(d) No-Fault. 3. Check the applicable paragraphs: [ ] The action is not contested. [ ] An agreement has been reached with respect to the following claims: [X] The action is contested with respect to the following claims: All Claims 4. The action does not involve complex issues of law or fact. 5. The hearing is expected to take one (1) day. 6. Additional information, if any, relevant to the motion: None Date: r7 ?_ D ANNE Cr. RADCLIFF, ESQUIRE Attorney for Plaintiff ORDER APPOINTING MASTER AND NOW, , 2011, E. Robert Elicker, II, Esquire is appointed Master with respect to the following claims: [X] Divorce [X] Distribution of Property [ ] Annulment [ ] Support [X] Alimony [X] Counsel Fees [X] Alimony Pendente Lite [X] Costs and Expenses BY THE COURT: JUDGE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL RICE V. CYNTHIA RICE NO. 08-2100 CIVIL TERM CIVIL ACTION - LAW Defendant C ? c MOTION FOR APPOINTMENT OF MASTER r Go ` z-n moves the Court to appoint a Master with respect to the follr:?'-'nng 4§nisgm Plaintiff Michael Rice , , [X] Divorce [X] Distribution of Property -<> ( r-o Z S ::?C) [ ] Annulment [ ] Support , s [ ] Alimony [ ] Counsel Fees s, c cry CD [ ) Alimony Pendente Lite [ ] Costs and Expenses cn In support of the Motion the Plaintiff states: Discovery is complete with respect to the claims for which the appointment of the Master is requested. 2. The non-moving party previously appeared through his attorney, Samuel L. Andes, Esquire 2. The statutory ground for the divorce is/are: Section 3301 (c) and Section 3301(d) No-Fault. 3. Check the applicable paragraphs: [ ] The action is not contested. [ ] An agreement has been reached with respect to the following claims: [X] The action is contested with respect to the following claims: All Claims 4. The action does not involve complex issues of law or fact. 5. , The hearing is expected to take one (1) day. 6. Additional information, if any, relevant to the motion: None Date:_ D ANE G RRADCLIFF, ESQUIRE Attdrney foOlaintiff ORDER APPOINTING MASTER AND NOW, , 2011, E. Robert Elicker, II, Esquire is appointed Master with respect to the o lowmg c ai [X] Divorce [ ] Annulment [X] Alimony [X] Alimony Pendente Lite L. Andes, COP rr1o?" Plaintiff [X] Distribution of Property z [ ] Support [X] Counsel Fees , - [X] Costs and Expenses BY THE COURT: y ; JUDGE -ILED-OFFICE r? . l.jE PROTHONOTARY 2011 FEB 14 PM 3' 41 cuMBERLANO COUNTY PENNSYLVANIA Prepared and Submitted by: Diane G. Radcliff, Esquire, Attorney for Plaintiff Previously Assigned Judge: the Honorable J. Wesley Oler, Jr. Appearance For Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Email: dianeradcliff@comcast.net • Phone: 717-737-0100 • Fax: 717-975-0697 Appearance For Defendant: Samuel L. Andes, Esquire, P.O. Box 168, Lemoyne, PA 17043 Email: LawAndes@aol.com • Phone: 717-761-5361 • Fax: 717-761-1435 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL RICE Plaintiff V. CYNTHIA RICE NO. 08-2100 CIVIL TERM CIVIL ACTION - LAW STIPULATION AND NOW, this A day of , 2011, Plaintiff> Michael Rice by his attorney, Diane G. Radcliff, Esquire, and defendant, Cynthia Rice, by her Attorney, Samuel L. Andes, Esquire, hereby stipulate and agree as follows: 1. The Plaintiff's Petition for Special Relief - Exclusive Possession of Marital Home shall and is hereby withdrawn without prejudice to either party. -1- 2. The hearing scheduled before the Honorable J. Wesley Oler, Jr., on Plaintiff's Petition for Special Relief - Exclusive Possession of Marital Home for March 4, 2011 at 1:30 p.m. shall be cancelled. 3. The undersigned authorize the court to enter the foregoing proposed Order cancelling that hearing. 4. The Honorable J. Wesley Oler, Jr. Is the only judge assigned to this case. 5. Since both counsel are signing this Stipulation advance notification of filing is not required. IN WITNESS WHEREOF, the parties hereto, together with their legal counsel, have set their hands and seals the day and year below written. 7Z4a??r' adcliff, Esquire Attorney for Plaintiff Dated: 1 J2 el L. Ande , Esquire Attorney for Defendant Dated: ri NO" W., zo11 -2- t Pleading: Plaintiff's Income and Expense Statement Prepared and Submitted by: Diane G. Radcliff, Esquire, Attorney for Plaintiff Previously Assigned Judge: J. Wesley Oter, Jr. Appearance For Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road Camp Hill PA 17011 Email: dianeradciffecomcast.net • Phone: T17-737-0106 • Fax: 717-975-0697 Appearance For Defendant: Samuel L. Andes, Esqquire, 525 North Twelfth Street, P.O. Box 168 Lemoyne, PA 17043 Email: LawAndesC?aol.com • Phone: 717-761-5361 • Fax: 717-76T-1435 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVOIIA MICHAEL RICE Plaintiff NO. 08-2100 CIVIL TERM C/) z -?" ' v . CYNTHIA RICE CIVIL ACTION - LAW °?Q Defendant r; :a INCOME AND EXPENSE STATEMENT OF MICHAEL RICE I verify that the facts set forth in the following Income and Expenses Form, including all attachments thereto, are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. DATE: (???/ MICHAEL RICE PART I. INCOME EMPLOYMENT INFORMATION: Employer: C& M Painting (self employed sole proprietorship) Pay Period: Varies Employer Address: 37 Stone Run Drive, Mechanicsburg, PA 17050 Type of Work Painting Contractor Payroll Number: XXX-XX-1108 BU INES INCO ME (Figures below are annual and are based on tax return for the year indicated): Tax Return Line No. DESCRIPTION 2010 Line 1 Gross Annual Sales or Receipts 477,715 Line 2 Returns and Allowances 0 Line 3 Subtract Line 2 from Line 1 477,715 Line 4 Costs of Goods Sold 40,941 Line 5 Gross Profits 436,774 Line 6 Other Income 0 Line 7 Gross Income 436,774 Line 8 Advertising 0 Line 9 Car and Truck Expense 14,766 Line 10 Commissions and Fees 0 Line 11 Contract Labor 264,577 Line 12 Depletion 0 Line 13 Depreciation 0 Line 14 Employee Benefit Programs 0 Line 15 Insurance (Other than Health) 2,027 Line 16 A Interest - Mortgages (Paid to Banks, Etc.) 0 Line 16 B Interest - Other 5,755 Line 17 Legal and Professional Services 7,613 Line 18 Office Expense 7,720 Line 19 Pension and Profit Sharing Plans 0 Line 20A Rent or Lease of Vehicles, Machinery and Equipment 692 Line 20B Rent or Lease of Other Business Property 1,077 Line 21 Repairs and Maintenance 0 Line 22 Supplies 0 Line 23 Taxes and Licenses 863 Line 24 A Travel 1,174 Line 24 B Deductible Meals and Entertainment 2,577 Line 25 Utilities 0 Line 26 Wages 0 Line 27 Total Other Expenses 7,356 Line 28 Total Expenses Before Expenses for Business Use of Home 316,197 Line 29 Tentative Profit (Subtract Line 28 from Line 7) 120,577 Line 30 Expenses for Business Use of Home 0 Line 31 Net Profit (Subtract Line 30 from Line 29) 120,577 Page 2 OTHER INCOME DESCRIPTION MONTHLY YEARLY Interest & Dividends $0.00 $0.00 Pensions & Annuities $0.00 $0.00 Social Security $0.00 $0.00 Rents $0.00 $0.00 Royalties $0.00 $0.00 Expense Account $0.00 $0.00 Gifts $0.00 $0.00 Employer Fringe Benefits $0.00 $0.00 Unemployment Or Workman's Compensation $0.00 $0.00 Support or Alimony (not this case) $0.00 $0.00 Commissions or Tips $0.00 $0.00 Other $0.00 $0.00 TOTAL OTHER INCOME 0.00 0.00 PART II EXPENSES D CRIPTION MONTHLY AMOUNT COMMENTS HOME EXPENSES: First Mortgage $2,114.12 Maintenance and Repairs $658.00 Water conditioning- evergreen home service; HVAC; Salt Water Softner, etc. Electric $199.00 Gas $121.00 Home Telephone/Internet/Cable TV $183.00 Water $60.00 Sewer $90.00 Trash $15.00 Lawn Care $210.00 Pool Care $60.00 Cell Phone $300.00 TAXES: IRS - Back Taxes $1,000.00 $14,000 balance Real Estate Taxes School $250.00 No Mortgage Escrow Per Capita Tax $1.00 Page 3 DESCRI TION MONTHLY AMOUNT CtMENTS INSURANCE: Homeowners Insurance $46.00 No Mortgage Escrow Automobile Insurance $232.00 To Increase soon for son's insurance Life Insurance $245.00 Medical Insurance AUTOMOBILE EXPENSES: F-150 Payments $371.50 $17,000 balance Jonathan's Dodge Payments $379.00 $23,800 balance Fuel $600.00 Maintenance and Repair $79.00 License and Registration $3.00 MEDICAL EXPENSES NOT REIMBURS ED BY INSURA NCE: Doctor $15.00 Optical/Vision $15.00 Dental $187.50 Orthodontic $250.00 Medicine/Prescriptions $15.00 Hospital $15.00 EDUCATIONAL EXPENSES: Private or Parochial School $537.92 Trinity @ $6,455/yr School Lunches $75.00 Books, Fees & Supplies $10.00 PERSONAL EXPENSES: Clothing $141.00 Food $600.00 Barber & Hair Dresser $41.00 Memberships $186.00 CREDIT CARDS AND LOANS: M&T - Visa $1,000.00 Balance @ $10,000 MISCELLANEOUS EXPENSES: Newspapers, Magazines & Books $15.00 Entertainment $116.00 Vacations $100.00 Gifts $160.00 Legal Fees $825.00 Pet Expenses $43.00 TOTAL EXPENSES $11,564.04 Page 4 r' FILED-OFFICE 6Lf U r'4 CUB°3uc L D C .f j'ry Pleading Description: Plaintiffs Rule 1920.33 Pre-Trial Statement Prepared and Submitted by: Diane G. Radcliff, Esquire, Attorney for Plaintiff Previously Assigned Judge: The Honorable J. Wesley Oler Appearance For Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliff(D(,omcast.net • Phone: 717-737-0100 • Fax: 717-975-0697 Appearance For Defendant: Samuel L. Andes, Esquire, 525 North Twelfth Street, P.O. Box 168, Lemoyne, PA 17043 Email: LawAndesCa_aol.:,om • Phone: 717-761-5361 • Fax: 717-761-1435 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL RICE V. CYNTHIA RICE Plaintiff . NO 08-2100 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Defendant PLAINTIFF'S PRE-TRIAL STATEMENT E DCLIFF, ESQUIR ( istration No 32112) 3448 Trindle Road, Camp Hill, PA 17011 Email: dianeradcliff[c@comcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Counsel for Plaintiff, Michael Rice Dated: August 8, 2011 TABLE OF CONTENTS SECTION DESCRIPTION PAGE(S) - Informational Notes, Codes and Rules 3 1. Background Information 4 II. Listing of Marital Assets and Debts 8 III. Listiing of Household Goods and Contents 10 IV. Listing of Non-Marital property 11 V. Income and Expenses 12-13 VI. Counsel Fees and Costs 14 VII. Expert Witnesses 15 VIII Other Witnesses 15 IX Proposed Resolution 16 X Listing of Proposed Exhibits 17-18 XI Proposed Exhibits Supplement -2- INFORMATIONAL NOTES AND CODES LETTER OR TERM MEANING H Husband W Wife C Child or Children DOM Date of Marriage DOS Dagte of Separation DOA Date of Acquisition A Appraisal PP Purchase Price AV Acquisition Value NM Non-Marital HNM Husband's Non-Marital WNM Wife's Non-Marital NMG Non-Marital Gift NMI Non-Marital Inheritance PM Premarital PS Post Separation PPV Private Party Value TIV Trade in Value E Excellent G Good F Fair The values used in the various Tables herein may, in some cases, be based on estimated values. Those estimated values are subject to adjustment upon appraisal or otherwise. 2. Any adjustment figures used in the various tables herein are for illustration purposes only, and are not to be deemed a representation as to whether an adjustment should be made; the actual amount of the adjustment to be made; or the source of the payment from which the adjustment is to be made, if any is appropriate. -3- SECTION I. BACKGROUND INFORMATION The following Table #1 sets forth the background information relevant to this case: TABLE #1-A PARTIES DESCRIPTION HUSBAND WIFE Name Michael A. Rice Cynthia L. Rice Maiden Name -- Cynthia L. Kofalt Address 37 Stone Run Drive 37 Stone Run Drive Mechanicsburg, PA 17050 Mechanicsburg, PA 17050 Date of Birth 3/13/1956 8/22/1958 Age 53 51 Health Status Good Health Good Health Educational Background HS Graduate; Special Degree to do HS Graduate- therapy (Ohio 16+ years ago) 2 years at HAGC Names and Relationship of Cynthia L. Rice, spouse Michael A. Rice spouse Persons Living with Party Jonathan M. Rice, son , Jonathan M. Rice, son Daniel Kofalt, brother-in-law Daniel Kofalt, brother Date Moved into 2001 2001 Residence Date PA Residency Began 1993 Since birth Current Military Service N/A N/A Number of Marriage 1St 1 St Employer's Name and Address C& M Painting Self Employed Commonwealth of PA Dept of Education Occupation (Job Position) Painting Contractor Secretary Date Employment Commenced 1994 1992-1999 10/2007 - present Est. Income 100,000+/- 25,000 Attorneys Diane G. Radcliff Esquire 3448 T i dl L d Samuel L. Andes, Esquire r n e oa 525 North Twelfth Street Camp Hill PA 17011 Phone: 71" -737-0100 P.O. Box 168 Lemoyne, PA 17043 Fax: 717-975-0697 Phone: 717-761-5361 Email: dianeradcliffCa)-comcast.net Fax: 717-761-1435 Email: LawAndesa-aol.com -4- TABLE #1-B MARRIAGE INFORMATION DESCRIPTION INFORMATION Date of Marriage 5/21/1994 Place of Marriage McSherrystown, Adams County, PA Date of Separation In House 12/31/07 Divorce Filing 4/2/2008 Grounds for Divorce 3301(c); 3301(d)- 3301(a)(2) adultery; 3301(a)(6) Indignities TABLE #1-C CHILDREN' OF THIS MARRIAGE NAME AGE DATE OF SCHOOL CUSTODIAN OR BIRTH GRADE EMANCIPATION Jonathan M. Rice 14 3/17/1995 9th Not yet determined. Child wants to stay in marital home with Husband TABLE #1-D SUPPORT FOR THIS MARRIAGE DESCRIPTION INFORMATION Name of Party Paying Support N/A Beneficiaries of Support N/A Amount of Support N/A Allocation N/A Date of Agreement or Order N/A Effective Date of Order N/A Docket Number of Support Order N/A Comments: Husband has been paying all of the bills for the marital home since separation -5- TABLE #1-G PROCEEDINGS INFORMATION: COMPLAINT Complaint Filing Date 4/8/2008 Date of Service 4/14/2008 Manner of Service Acceptance of Service - Defendant Type of Divorce Requested 3301(c); 3301(d) Economic Claims Raised equitable distribution Amended Complaint Filing Date TBD Date of Service 6/14/2008 Manner of Service Certified Mail, Restricted Delivery Type of Divorce Requested 3301(c); 3301(d) Economic Claims Raised equitable distribution ANSWER, COUNTERCLAIM AND/OR OTHER PLEADING RA ISING ECONOMIC CLAIMS Type of Pleading Defendant's Petition for Economic Relief Pleading Filing Date 10/24/2008 Type of Divorce Requested N/A Economic Claims Raised equitable distribution; APL; alimony; counsel fees & costs INCOME AND EXPENSE STATEMENTS Plaintiffs I&E Statement Filing Date Defendant's I&E Statement Filing Date Not yet filed INVENTORIES Plaintiff's Inventory Filing Date Defendant's Inventory Filing Date Not yet filed 3301 C DOCUMENTS Description Date Filing Date Plaintiff's 3301(c) Affidavit 2.1.10 2.8.10 Plaintiffs 3301(c) Waiver Defendant's 3301(c) Affidavit Defendant's 3301(c) Waiver -6- TABLE #1-G PROCEEDINGS INFORMATION: 3301 D DOCUMENTS 2 year Separation In House Physical Divorce Filing Date of Separation 12/31/2007 N/A 4/8/2008 Date of Expiration of 2 Yr Period 12/31/2009 N/A 4/8/2010 Plaintiffs 3301(d) Affidavit Date 2.1.10 Plaintiff's 3301(d) Affidavit Date Filing Date 2.8.10 3301 (D) Affidavit Service Date 2.17.10 Manner of Service of 3301(d) Affidavit Certified Mail RR Requested to Defendant's Attorney Date of Notice of Intent to Request Entry of Divorce Decree and Praecipe to Transmit Record Date of Service of Notice of Intention to Request Entry of Divorce Decree and Praecipe to Transmit Record Manner of Service of Plaintiff's Notice to Request Entry of Divorce Decree BIFURCATION Has the case been bifurcated? No Date of decree granting bifurcation N/A If bifurcation granted by consent or after hearing N/A -7- SECTION II. MARITAL ASSETS AND DEBTS The following Table #2 sets forth the listing of the marital assets and debts of the parties: MARITAL ASSETS AND DEBTS • DATE PREPARED: AUGUST 2, 2011 MICHAEL RICE VS. CYNTHIA RICE DOM:5/21/94 • DOS: 12/31107 A B C D E F G H Ln No B Ref Description Date Net Value Distribution Proposed To Proposed n Value Calculation Value Husband To Wife 4 REAL ESTATE AND REAL ESTATE MORTGAGES 5 RE-1 37 Stone Run Drive 10.6.10 398,000.00 398,000.00 398,000.00 Mechanicsburg, PA A 6 RE-1 Citi Mtg 1.10.10 133 273.23 (133,273.23) (133,273.23) 7 RE-1 Net Value -- 264,726.77 8 9 MOTOR VEHICLES AND VEHICLE LIENS 10 V-1 2008 Ford F-150 5.18.09 14,550.00 HNM-PS HNM-PS 11 V-1 Members 1" FCU 5.2.09 23120.93 HNM-PS HNM-PS 12 V-1 Net Value -- (8,570.93) 13 > 5.09 KBB TIV-E ),-This vehicle is excluded from marital property as it was acquired on 10/4/2008, post separation 14 V-2 2007 Ford Focus SES 5.09 7,325.00 7,325.00 7 325.00 KBB TIV-G , 15 V-2 Ford Motor Credit Loan 5.11.09 (8,990.47) (8,990.47) (8,990.47) 16 V-2 Net Value -- (1,665.47) 17 > 5.09 KBB TIV-Good 18 CASH, CHECKING ACCOUNTS AND SAVINGS ACCOUNTS 19 A-1 PSECU A. Savings 1.1.08 28.76 28.76 28.76 20 A-1 PSECU A. Checking 1.1.08 0.00 0.00 0.00 21 A-1 Net Value -- 28.76 22 )P-Husband took over finances in 1/08. He closed this account and opened an account with M&T Bank with the funds from the closed account. > M&T Personal Account balance on 3.19.08 @ $1,821.92 23 LIFE INSURANCE POLICIES 24 INS-1 H's John Hancock 5.09 5,022.37 5,022.37 5,022.37 Flexible Variable Life Policy #003222716 25 *Husband to provide a statement of cash surrender value as of 12.31.07 and 3.19.08 >$6,362.54 as of 8.18.08 9 $5,179.88 as of 8.17.09 -8- MARITAL ASSETS AND DEBTS • DATE PREPARED: AUGUST 2, 2011 MICHAEL RICE VS. CYNTHIA RICE DOM:5/21/94 * DOS: 12/31/07 A B C D E F G H Ln No B Ref Description Date Net Value Distribution Proposed To Proposed n Value Calculation Value Husband To Wife 26 INS-2 H's John Hancock Life TBD TBD TBD (PNO) Policy #2214 27 *Husband to provide a statement of cash surrender value as of 12.31.07 and 3.19.08 > Life insurance held in the name of the Michael A. Rice Trust Agreement dated 2/19/2008 for the benefit of the parties' son, Jonathan Rice 28 BUSINESSES 29 B-1 Husband's C & M Painting Business: Sell and Divide Sell and Divide Sell and Divide 30 B-1 M&T Business Account 12.31.07 1,247.01 31 B-1 Accounts Receivable 12.31.07 42,060.00 32 B-1 Minor tools E 2,000.00 33 B-1 Accounts Payable 12.31.07 TBD 34 B-1 Business Net Value -- 45,307.01 35 >12.31.08 Business checking account $1,375.03 d; >12.31.08 Acct Receivables @ $49,058, >12.31.09 Business checking account a@ $2,864.40,x; >12.31.09 Acct Receivables @ $43,656 d X Wife has business appraised by Bruce J. Brown as of 12/31/07 at a value of $356,000. Because of the economy, increased costs and possibly Plaintiffs child rearing responsibilities, the business income has substantially decreased thus decreasing the value of the business. * Husband does not want to retain business and is willing to sell it. Alternatively, Wife or Husband can have the business at a cost of @ $45,307, the value of its fixed assets listed above. 36 HOUSEHOLD GOODS, FURNISHINGS, TOOLS, PERSONAL EFFECTS ETC. 37 HHG-1 Household Goods & -- TBD TBD TBD TBD Furnishings 38 )o-It is believed that an agreement can be reached as to the distribution of the personal property . If not, an appraisal will be required. 39 RETIREMENT PLANS 40 RET-1 Wife's SERS Ret Plan 10.5.10 40,275.00 40,275.00 40,275.00 A 41 TOTAL ASSETS 42 Total Assets From Above 308,387.43 269,777.90 38,609.53 43 ADJUSTMENT FOR 50/50 DIVISION OF NET ESTATE 44 Net Estate From Above 308,387.43 45 Amount Owed to Parties for 50/50 Division 154,193.72 154,193.72 46 Less Net Estate Assigned to Parties From Above 269 777.90 (38,609.53J 47 Adjustment Amount for 50/50 Division of Net Estate (115,584.19) 115,584.19 -9- SECTION III. LISTING OF HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY The following Tables #3-A and # 3-13 set forth the household goods and contents and other personal property of the parties: Plaintiff believes that they parties will be able to arrive at an agreement as to the division of their household goods and contents. Therefore, Tables #3-A and #3-B have not been completed. TABLE #3•A HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY IN HUSBAND'S POSSESSION NO. DESCRIPTION OWNER POSSESSOR VALUE VALUE BASIS FOR EXCLUSION DATE IF NOW MARITAL Not in Dispute H & W Husband TABLE #3•B HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY IN WIFE'S POSSESSION NO. DESCRIPTION OWNER POSSESSOR VALUE VALUE BASIS FOR EXCLUSION DATE IF NOW MARITAL Not in Dispute H & W Wife -10- SECTION IV. NON-MARITAL ASSETS AND DEBTS The following Table #4 sets forth the non-marital assets and debts of the parties: ',2 TABLE #4 NON-MARITAL PROPERTY AND DEBTS A B C D E F G Ln Description Non-Marital Marital Value Total Value Basis for Method of Value Exclusion If Valuation & Claimed to Be Supporting Non- Marital Documents 1 Wife's SERS retirement TBD TBD TBD Pre-Marital Statements Post Separation 2 Husband's 2008 Ford F-150 14,550 0 14,550 Post Separation Statements 3 Husband's Ford auto loan (17,086.20) 0 (17,086.20) Post Separation Statements as of 1. 16.10 'Note: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. 2The value of each item has been estimated by Plaintiff unless otherwise noted. SECTION V. INCOME AND EXPENSES The following Table #5-A sets forth the income of the Plaintiff based on his 2010 Income Tax Return: Table 5-A Husband's CS M Painting Business Income Tax Return Line # DESCRIPTION 2010 Line 1 Gross Annual Sales or Receipts 477,715 Line 2 Returns and Allowances 0 Line Subtract Line from Line 1 477,715 Line 4 Line 5 Costs of Goods Sold Gross Profits 40,941 4 6,774 Line 6 Other Income 0 Line 7 Gross Income 436,774 Line 8 Advertising 0 Line 9 Car and Truck Expense 14,76 Line 10 Commissions and Fees 0 Line 11 Contract Labor 264,577 Line 12 Depletion 0 Line 13 Depreciation 0 Line 14 Employee Benefit Programs 0 Line 15 Line T -A Insurance (Other than Health) Interest - Mortgages (Paid to Banks, Etc.) 2,027 0 Line 16 B Line 17 Line 1 Line 19 Interest - Other Legal and Professional Services Office Expense Pension and Profit Sharing Plans 5,755 7'613 7720 0 Line 20A Rent or Lease of Vehicles, Machinery and Equipment 692 Line 20B Line 2 Rent or Lease of Other Business Property Repairs and Maintenance 1,077 0 Line 22 Supplies 0 Line 3 Taxes and Licenses 863 Line 24 A Line 4 B Line 25 Travel Deductible Meals and Entertainment Utilities 1,174 2,577 0 Line 26 Wages 0 Line 27 Line 28 Line 29 Line 30 Total Other Expenses Total Expenses Before Expenses or Business Use o Home Tentative Profit (Subtract Line 28 from Line 7) Expenses for Business Use o Home 7,356 16,197 120,577 0 Line 31 Net Profit (Subtract Line 30 from Line 29) 120,577' -12- The following Table #5-13 sets forth the total monthly expenses of the parties as reported on their respective Income and Expense Statements: TABLE #5-B MONTHLY EXPENSES OF THE PARTIES PARTY TOTAL MONTHLY EXPENSES DATE OF FILING OF I& E STATEMENT Husband $11,565.00 Concurrent -13- SECTION VI. COUNSEL FEES There has been no claim filed by either party for counsel fees, costs and expenses. The following Table #6, however, sets forth the listing of the counsel fees and expenses incurred by Plaintiff: TABLE #6 COUNSEL FEES AND COSTS DESCRIPTION DATES, BILLS AND CHARGES Period Services Were Rendered 4/22/09 to 7/31/11 Hourly Rate $200.00 Total Amount of Fees and Costs to Date of this Statement 12,059.90 Anticipated Fees and Costs to End of Case 10,000 Itemization of Services Rendered See billing statement attached in Exhibit Section -14- SECTION VII. EXPERT WITNESSES The following Table #7 sets forth the listing of the experts who the party intends to call to testify in this case: TABLE V EXPERT WITNESSES NAME SUBJECT OF TESTIMONY REPORT ATTACHED REPORT TO BE SUPPLIED Experts who prepared any To be determined Report is attached if and If not currently available report referenced in the to extent such report is , Report to be supplied as Proposed Exhibits in Section referenced in Exhibit soon as available XI and XI1.3 Section. SECTION VIII. OTHER WITNESSES The following Table #8 sets forth the listing of the anticipated witnesses other than experts who will be called to testify in this case: TABLE #8 LAY WITNESSES NAME SUBJECT OF TESTIMONY Michael Rice 4 History of the marriage; Identification and valuation of marital assets and debts; Other relevant testimony relating to the factors set forth in the divorce code Additional experts who may be called to testify are not known at this time. Plaintiff reserves the right to call additional expert witnesses upon proper notification to the other party once those expert witnesses are identified and retained. 4 Additional witnesses who may be called to testify are not known at this time. Plaintiff reserves the right to call additional witnesses upon proper notification to the other party once those witnesses are identified and agree to testify. -15- SECTION IX. PROPOSED RESOLUTION The following is Plaintiffs proposed resolution of the issues presented in this case: A. DIVORCE: A No-fault Divorce Decree should be entered under either section 3301c or 3301d. B. EQUITABLE DISTRIBUTION: The parties' marital assets and debts should be divided and distributed on an equal (50/50) basis and in accordance with the schedule set forth in Section II of this Pre-Trial Statement. D. ALIMONY: Wife's claim for alimony should be denied. Wife is capable of self-support. -16- SECTION X. PROPOSED EXHIBITS The following Table #10 sets forth Plaintiffs listing the proposed exhibits to be submitted at the hearing in this case. Exhibits are attached or to be supplied as indicated below. 5 TABLE #10 LISTING OF EXHIBITS No. Description Attached To Be Provided Income and Expenses 1 Plaintiffs Income and Expense Statement X 2 Plaintiffs 2010 Federal Income Tax Return X 3 Plaintiffs 2011 Federal and State Income Tax Returns if available X 4 Plaintiffs Counsel Fees Bills X 5 Defendant's Income and Expense Statement N/A N/A 6 Defendant's Pay Stubs N/A N/A Marital Home 7 10.6.10 Appraisal of 37 Stone Run Drive, Mechanicsburg, PA X 8 Current Mortgage Statement for Citi Mortgage for 37 Stone Run Drive X Vehicles 9 5.09 KBB TIV Statement for H's 2008 Ford F-150 X 10 5.09 Statement for H's Members Vt F.C.U. Debt for 2008 F-150 Truck X 11 5.09 KBB TIV Statement for Wife's Ford Focus X 12 5.09 Statement for Wife's Ford Motor Credit Debt for 2007 Ford Focus X 5PIaintiff reserves the right to submit additional exhibits upon proper notification to the other party. 17- TABLE #10 LISTING OF EXHIBITS No. Description Attached To Be Provided Accounts 13 1.08 Statement for JT. PSECU account X Life Insurance 14 5.09 Statement for H's John Hancock Policy # 2716 X 15 5.09 Statement for Michael Rice Trust's John Hancock Policy # 2214 X Business (C&M Painting) 16 2007 Federal Schedule C for C&M Painting x 17 2008 Federal Schedule C for C&M Painting x 18 2009 Federal Schedule C for C&M Painting x 19 2010 Federal Schedule C for C&M Painting x 20 2011 Federal Schedule C for C&M Painting, if and when available x 21 Listing Agreement, when available x 22 Possible Appraisal, if and when available x Retirement Plan 23 10.5.10 Valuation of Wife's SERS Retirement Plan x -18- CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 (Counsel for Defendant) IANE G. RA CLIFF, ESQUIRE (A stration No 32112) 3448 Trindle Road, Camp Hill, PA 17011 Email: dianeradcliff(aD-comcast.net Phone: (717) 737-0100 0 Fax: (717) 975-0697 Attorney for Plaintiff, Michael Rice Dated: August 8, 2011 -19- - • . FC ? :'. t '??ii t. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL RICE Plaintiff V. CYNTHIA RICE NO 08-2100 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Defendant MOTION FOR CONTINUANCE OF MARCH 5 ,2013 MASTER'S HEARING Submitted by Diane G. Radcliff, Esquire, Attorney for Plaintiff, Michael Rice PREVIOUSLY ASSIGNED JUDGE The Honorable J. Wesley Oler, Jr., Sr. Judge DIVORCE MASTER E. Robert Elicker, II, Esquire Office of the Divorce Master for Cumberland County, PA 9 North Hanover Street, Carlisle, PA 17013 Telephone: (717) 240-6535 a Email: belicker _ccpa.net APPEARANCE FOR PLAINTIFF Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Telephone: 717-737-0100 Facsimile: 717-975-0697 Email: dianeradcliffCcD-comcast net APPEARANCE FOR DEFENDANT Samuel L. Andes, Esquire 525 North Twelfth Street - P.O. Box 168, Lemoyne, PA 17043 Telephone: 717-761-5361 Facsimile: 717-761-1435 Email: LawAndesCcD-aol.com DIANE G. RADCLIFF, ESQUIRE Supreme Court ID Number 32112 3348 Trindle Road, Camp Hill, PA 17011 Telephone: 717-737-0100 • Facsimile: 717-975-0697 Email: dianeradcliffna comcast net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL RICE V. CYNTHIA RICE Plaintiff NO 08-2100 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Defendant PLAINTIFF'S MOTION FOR CONTINUANCE OF THE MARCH 5. 2013 DIVORCE MASTER'S HEARING AND NOW, February 21, 2013, Diane G. Radcliff, Esquire, moves this Honorable Court to grant Plaintiffs request for a continuance of the Divorce Master's hearing scheduled for March 5, 2013 and assigns the following reasons therefor: 1. The Moveant is Michael Rice, the Plaintiff in the above captioned action. 2. Your Respondent is Cynthia Rice, the Defendant in the above captioned action. 3. This is a divorce action between Plaintiff, Michael Rice, hereinafter referred to as "Husband", and Defendant, Cynthia Rice, hereinafter referred to as "Wife". 4. Husband is represented by Diane G. Radcliff, Esquire, hereinafter referred to as "Husband's Attorney" 5. Wife is represented by Samuel L. Andes, Esquire, hereinafter referred to as "Wife's Attorney". 6. A claim for equitable distribution has been raised in this case. 7. The major asset in this case is Husband's painting Business known as C&M Painting. C&M Painting is hereinafter referred to as " the Business". 8. Upon Motion of Husband's Attorney, on February 1, 2011 an Order was entered appointing E. Robert Elicker, II, Esquire, as the Divorce Master. E. Robert Elicker, ll, Esquire is hereinafter referred to as the "Divorce Master". 9. On June 13, 2011, the Divorce Master issued a directive requiring the parties to file Rule 1920.332(b) Pre-Trial Statements by July 5, 2011. 10. Wife filed her Pre-Trial Statement on July 11, 2011 and Husband filed his Pre-Trial Statement on August 8, 2011 11. On August 9, 2011, the Divorce Master issued a Notice of Pre-Hearing Conference scheduled for October 17, 2011. 12. At the October 17, 2011 Pre-hearing Conference, a discussion was held regarding the Business and the correct date of valuation given the fact that the Business had declined in income and net profit since the parties' in house separation on or about December 31, 2007. 13. At or immediately after the October 17, 2011 Pre-Hearing Conference, the Divorce Master scheduled a hearing for February, 7, 2012. 14. On October 18, 2011, Wife's Attorney provided Defendant's Attorney with a Valuation Report prepared by Brown Shultz valuing the Business as of the December 31, 2007 date of separation. 15. On December 30, 2011, Husband's Attorney provided Wife's Attorney with valuation reports prepared by SF&Company as of December 31, 2007 (date of separation) and as of November 30, 2011 (the then current date). 16. On January 18, 2012, the Divorce Master sent a letter to the parties' attorneys regarding the business valuation date indicating that the compelling date would be the date of distribution, but giving Wife the opportunity to present evidence that the value of the Business declined due to Husband's misconduct. The Divorce Master also asked Wife's Attorney to advise if additional time was needed to do additional discovery or to have the Business valued as of the current date. 17. On January 25, 2012, Wife's Attorney asked for a continuance of the February 7, 2012 hearing to complete discovery and other matters referenced in the Divorce Master's letter dated January 18, 2012. 18. On February 2, 2012, Wife's Attorney served on Defendant's Attorney a Request for Production of Documents and Things and Defendant's Interrogatories to Plaintiff. 19. On May 3, 2012, Husband's Attorney provided Wife's Attorney with Husband's Answers to Defendant's Interrogatories and Requests for Production of Documents and Things as well as a Flash Drive for the Business records from 2002 to the then present date. 20. On June 20, 2012, Wife's Attorney asked for Husband to be interviewed by his Business valuation expert, Bruce Brown, and on July 24, 2012 that interview took place. At that meeting Bruce Brown asked for additional information, which was provided to him on November 1, 2012. 21. On September 9, 2012, Husband's Attorney provided Wife's Attorney with Husband Answers to to Defendant's Interrogatories to Plaintiff - Second Set and Plaintiff's Requests for Production of Documents and Things - Second Set. 22. During the course of 2012, the Business lost several customers through no fault of Husband so that by December 31, 2012, on a cash accounting basis, the income had been reduced from $541,458 received in 2011 to $378,725 received in 2012, a reduction of $162,733, or 30% and the net income after expenses had been reduced from $172,673.23 in 2011 to $140,935.61, a net reduction of $31,737.62 or a net reduction of 18%. This reduction is more fully set forth on Exhibit "P-1" attached hereto and incorporated by reference. 23. The loss of income of the Business could not be fully determined until the end of 2012 when the end of year financial information became available and all entries checked and corrected. 24. On February 6, 2013, after Husband's Attorney was able to secure and analyze the Business' 2012 income and profit reduction, Husband's Attorney provided Wife's Attorney with that documentation and advised of Husband's need and intent to update Husband's Business Valuation to December 31, 2012. 25. On or about February 6, 2013 a telephone conference was held with the Divorce Master to again discuss the Business Valuation issues. At the end of that conference the Divorce Master said that he was going to leave the March 5th hearing on the books and see if the updated valuation report could be completed and made available to Wife's Attorney during the week of February 11-15, 2013 and then Wife's Attorney was to have his report provided to Husband's Attorney. 26. On or about February 11, 2013 Husband Business Valuation Expert advised that he could not complete the updated Business valuation in time for the March 5, 2013 hearing because he required the completion of the 2011 and 2012 Business income tax returns, which had not yet been prepared at an estimated cost of approximately $4,000.00, and he also required the payment of a retainer in the amount of $2,500.00. 27. Since the parties' separation on December 31, 2007, Wife has made no contribution to the payment of the mortgage, taxes, insurance and other marital home expenses and for the parties' child's parochial education, as a result of which Husband has been forced to pay $228,605.65 towards those expenses, as more fully set forth on Exhibit "P-2" attached hereto and incorporated by reference. 28. As a result of the payment of $228,605.65 in expenses referenced in paragraph 28 above, Husband did not immediately have the funds to pay the estimated $4,000 cost for preparing the 2011 and 202 Business income tax returns. 29. Husband could secure the updated Business valuation a lot sooner if Wife would contribute towards the household and child expenses. Without such contribution, and because of the reduction in the Business income, it will take Husband several months to raise the money to pay for the updated valuation. 30. As a result of the payment of $228,605.65 in expenses referenced in paragraph 28 and the need to pay the estimated $4,000 cost for preparing the 2011 and 202 Business income tax returns, Husband does not have the $2,500 to pay for the updated valuation of the Business and may not have such funds until may or June 2012. 31. On February 13, 2014, and again on February 14, 2015, Husband's Attorney asked Wife's Attorney to consent to the continuance of the March 5, 2013 hearing, which request was refused by Wife's Attorney. 32. Despite having all of the requested information and documentation, Wife's Business Valuation Expert has not issued a revised Expert valuation, Wife's Attorney having advised that he would not do so until it was determined if Husband was going to do an updated valuation as a result of the aforesaid loss of income. 33. The Divorce Master will not have all of the information required to consider and determine the value of the Business unless the two updated Valuation reports are issued by each party's experts. 34. The financial circumstances of the Business have deteriorated substantially in the last year through no fault of Husband, and information of that decline as it affects the value of the Business is information the court must have to make a just and equitable determination. 35. The hearing in this case was previously continued at the request of Wife and with Husband's Attorney's consent to give Wife the opportunity to obtain additional discovery and to submit an date of distribution Business valuation which she has not done within the year since the hearing was originally scheduled. 36. Because Wife's Attorney hs not provided Husband's Attorney with this expert's valuation of the Business as of the current date, Husband does not have sufficient information to prepare for the March 5, 2013 hearing if Wife intends to present date of distribution value testimony at the March 5, 2013 hearing. 37. If the March 5, 2013 hearing will not be continued then Wife should be denied the right to submit any testimony regarding the value of the Business as of the current date since she has not timely submitted an expert report for such a valuation. WHEREFORE, the Petitioner respectfully requests this Honorable Court to enter an Order: A. Granting Plaintiff's Request for a Continuance of the March 5, 2013 Divorce Master's Hearing; B. In the alternative, prohibiting Defendant from introducing any expert valuation of the Business other than the one previously submitted to Plaintiffs Attorney on October 18, 2011. Dated: February 21, 2013 Respectfully submitted, -DIANE G. DCLIFF, ESQUIRE 3 FU preme C urt ID #32112 le Road Camp Hill, PA 17011 Telephone: (717) 737-0100 Attorney for Plaintiff, Michael Rice CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168, Lemoyne, PA 17043 (Counsel for Defendant ) Dated: February 20, 2013 DIANE G. 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[7 T CIE° tPf�,0THC140 E4 2013 APR, 16 P 1i 2: 03 OUMBERLAti0 GOUtJ i Y PE17 NSYLIANIA MICHAEL RICE, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW NO. 2008-2100 CIVIL TERM CYNTHIA RICE, ) Defendant ) IN DIVORCE DEFENDANT'S PETITION FOR EMERGENCY RELIEF AND NOW comes Cynthia Rice, the Defendant in the above matter, and petitions the court for emergency relief, based upon the following: 1. The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff. 2. The parties are married and are the parents of one minor child, Jonathan Rice, now a senior in high school. 3. The property the parties own and reside at is the marital residence at 37 Stone Run Drive, Mechanicsburg, Cumberland County, Pennsylvania. Although they have lived separate and apart within the residence since 2008, they both continue to reside there and make it their home. 4. Until March of 2013, Respondent paid the mortgage, real estate taxes, and other expenses of the home and Petitioner paid certain other expenses and provided other household services for the benefit of the family. 5. In March of 2013, Respondent ceased paying the mortgage on the residence and announced that he would no longer make those payments. If the payments are not made, Petitioner's credit will be damaged and there is a substantial risk that the home will be lost at foreclosure. 6. Although Petitioner is employed, she does not earn sufficient money to make the monthly mortgage payment, which is more than $2,000.00 per month. 7. Respondent owns and operates a commercial painting business from which he typically earns income in excess of$100,000.00 per year. Prior to the commencement of this divorce action, he repeatedly earned more than $120,000.00 per year from the business. 8. Defendant believes that Plaintiff can well afford to continue to pay the mortgage on the house to support the family and that he is threatening not to pay the mortgage in an effort to bludgeon her into a financial settlement against her interests. 9. Plaintiff commenced this action in April of 2008. This court appointed the Divorce Master to hear the economic claims in the case almost three years ago. 10. The most significant asset in this case is a commercial painting business which the parties formed and operated during the marriage. The business is in Plaintiff's name alone and he has continued to operate it himself, and retain all of the profits from it, since the parties' separation. 11. Each of the parties had the painting business appraised as of the date of separation. However, in 2011, Plaintiff also submitted an appraisal of the business as of 31 December 2010. Plaintiff has contended, throughout these proceedings, that the business has declined in value because of a reduction in its earnings and profits. 12. The Divorce Master has repeatedly scheduled conferences and hearings in this matter but has postponed those proceedings several times because the parties did not submit appraisals of the painting business. The most recent postponement occured in March of 2013, when the Master continued a hearing the day before it was scheduled to connnence because Plaintiff reported that he did not yet have an appraisal of the value of the painting business as of the end of 2012. 13. Plaintiff contends that he cannot appraise the business as of its current time because he has not had income tax returns prepared for the business for 2011 and 2012. However, the last appraisal Plaintiff submitted in this action, which purported to value the business at the end of 2010, was prepared at a time when Husband had not prepared or filed his income tax returns for 2010. 14. As a result of the above, Plaintiff has unilaterally delayed the hearings before the Divorce Master and prevented the resolution of the economic issues in the case. He continues to postpone and delay the resolution of the economic issues by claiming that he cannot be prepared for a hearing because he cannot obtain a current appraisal of the painting business. 15. The other significant asset in the case is the marital residence. Plaintiff has offered to transfer ownership of the marital residence to Defendant and Defendant is prepared to accept the property and refinance the mortgage against it to reduce the monthly mortgage payment for a level she can afford to pay. 16. Prior orders in this action have been entered by the Honorable Thomas Placey. 17. Plaintiff and his attorney do not concur in the relief requested in this Petition. WHEREFORE,Defendant prays this court to take the following actions: A. Direct Plaintiff to continue making the monthly mortgage payments on the marital residence or, in the alternative, direct the parties to transfer title to the marital residence to Plaintiff, so she can refinance the debt and pay that mortgage herself, without prejudice or determination as to the parties' equity in the property, reserving all claims to such equity to the final resolution of the case; B. Direct Plaintiff to provide an appraisal of the commercial painting business he operates within twenty(20) days of the date of this court's order; C. Direct the Divorce Master to schedule a hearing on all of the economic claims, and to conduct that hearing without postponement, within fifty (50) days of the date of this court's order. D. Preclude Husband from presenting any testimony or evidence as to the value of the commercial painting business if he fails to provide the appraisal required by this court's order or, in the alternative, direct the Master to consider the appraisals submitted by the parties to establish the value of the business as of 31 December 2010, which is the last date for which they have prepared appraisals; and E. Award Defendant her counsel fees and expenses resulting from Plaintiff's failure to present appraisals and otherwise proceed with this matter. Samuel L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 121' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Date: 10 April 2013 a1w*_ WdA16�(� Amy WHarkins Secretary for Samuel L. Andes Y'313 APR 18 P11 1: f 2 r. r ':II 1 'd` MICHAEL RICE, �-�UMBERL/ND utj ` �� ��u ''1 1., Plaintiff ! ENNSYLV NJ;; V,�u .,; � v. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT IN DIVORCE CYNTHIA RICE, Defendant 2008-2100 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this eday of April 2013, upon consideration of Defendant's Petition for Emergency Relief, Plaintiff is temporarily ORDERED and DIRECTED to continue making the monthly mortgage payments on the marital residence until further Order of Court. A RULE is issued upon Plaintiff to show cause why the relief requested should not be granted. DEFENDANT shall serve the petition and this Order of Court upon Plaintiff. A motion to make rule absolute will not be entertained prior to filing proof of service. RULE RETURNABLE twenty days from the date of service by Defendant. o . - Thomas A. Placey C.P.J. Distribution: �. Robert Elicker, Jr., Divorce Master - ' craLbN�� ✓ Diane G. Radcliffe, Esq. ✓amuel L. Andes, Esq. t ,�`,t tfk i FS / "C.r3 .y fs //3 t M F THE '' THOS TAfil y 2013MAY -8 MOOS CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL RICE, Plaintiff NO. 08-2100 CIVIL TERM V. CIVIL ACTION - LAW CYNTHIA RICE, IN DIVORCE Defendant PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR EMERGENCY RELIEF AND PLAINTIFF'S CROSS CLAIM FOR SPECIAL RELIEF Submitted by Diane G. Radcliff, Esquire, Attorney for Michael Rice PREVIOUSLY ASSIGNED JUDGE The Honorable Thomas A. Placey, C.P.J. DIVORCE MASTER E. Robert Elicker, II, Esquire Office of the Divorce Master for Cumberland County, PA 9 North Hanover Street, Carlisle, PA 17013 Phone: (717) 240-6535 Email: belicker _ccpa.net APPEARANCE FOR PLAINTIFF APPEARANCE FOR DEFENDANT Diane G. Radcliff, Esquire Samuel L. Andes, Esquire 3448 Trindle Road 525 North Twelfth Street Camp Hill, PA 17011 PO Box 168, Lemoyne, PA 17043 Telephone: 717-737-0100 Telephone: 71.7-761-5361 Facsimile: 717-975-0697 Facsimile: 717-761-1435 Email: dianeradcliff(c-comcast.net Email: lawandes(aD-aol.com 2 DIANE G. RADCLIFF, ESQUIRE Supreme Court ID Number 32112 3348 Trindle Road, Camp Hill, PA 17011 Telephone: 717-737-0100 • Facsimile: 717-975-0697 Email: dianeradcliff(a)comcast.net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL RICE, Plaintiff NO. 08-2100 CIVIL TERM V. CIVIL ACTION - LAW CYNTHIA RICE, IN DIVORCE Defendant Plaintiff's Answer and Defenses to Defendant's Petition For Emergency Relief and Plaintiffs Cross Petition for Special Relief AND NOW, this 8th day of May, 2013, comes the Plaintiff, Michael Rice, by his attorney, Diane G. Radcliff, Esquire, and files the above Referenced Answer, Defenses and Cross- Petition as follows: Answer to Defendant's Petition for Emergency Relief 1. Plaintiff admits the following averment set forth in Paragraph 1 of Defendant's Petition for Emergency Relief: The Petitioner herein is Defendant. The Respondent herein is the Plaintiff. 2. Plaintiff admits the following averment set forth in Paragraph 2 of Defendant's Petition for Emergency Relief: The parties are married and are the parents of one minor child, Jonathan Rice, now a senior in high school. 3. Plaintiff admits the following averment set forth in Paragraph 3 of Defendant's 3 t J Petition for Emergency Relief: The property the parties own and reside at is the marital residence at 37 Stone Run Drive, Mechanicsburg, Cumberland County, Pennsylvania. Although they have lived separate and apart within the residence since 2008, they. both continue to reside there and make it their home. 4. Plaintiff denies the following averment set forth in Paragraph 4 of Defendant's Petition for Emergency Relief: Until March of 2013, Respondent paid the mortgage, real estate taxes, and other expenses of the home and Petitionerpaid certain other expenses and provided other household services for the benefit of the family. By way of further answer and clarification Plaintiff incorporates by reference the averments set forth in Paragraphs 18 through 56 of Plaintiff's Defenses to Defendant's Petition for Emergency Relief herein and Paragraphs 57 through 71 of Plaintiff's Cross-Petition for Special Relief herein. 5. Plaintiff denies the following averment set forth in Paragraph 5 of Defendant's Petition for Emergency Relief: In March of 2013, Respondent ceased paying the mortgage on the residence and announced that he would no longer make those payments. If the payments are not made, Petitioner's credit will be damaged and there is a substantial risk that the home will be lost at foreclosure. By way of further answer and clarification Plaintiff incorporates by reference the averments set forth in Paragraphs 18 through 56 of Plaintiff's Defenses to Defendant's Petition for Emergency Relief herein and Paragraphs 57 through 71 of Plaintiffs Cross-Petition for Special Relief herein. 6. Plaintiff denies the following averment set forth in Paragraph 6 of Defendant's Petition for Emergency Relief: Although Petitioner is employed, she does not earn sufficient money to make the monthly mortgage payment, which is more than $2,000.00 per month. By way of further answer and clarification Plaintiff incorporates by reference the 4 averments set forth in Paragraphs 18 through 56 of Plaintiffs Defenses to Defendant's Petition for Emergency Relief herein and Paragraphs 57 through 71 of Plaintiff's Cross-Petition for Special Relief herein. 7. Plaintiff admits the following averment set forth in Paragraph 7 of Defendant's Petition for Emergency Relief: Respondent owns and operates a commercial painting business from which he typically earns income in excess of$100,000.00 per year. Prior to the commencement of this divorce action, he repeatedly earned more than $120,000.00 per year from the business. By way of further answer and clarification Plaintiff incorporates by reference the averments set forth in Paragraphs 18 through 56 of Plaintiffs Defenses to Defendant's Petition for Emergency Relief herein and Paragraphs 57 through 71 of Plaintiffs Cross-Petition for Special Relief herein. 8. Plaintiff denies the following averment set forth in Paragraph 8 of Defendant's Petition for Emergency Relief: Defendant believes that Plaintiff can well afford to continue to pay the mortgage on the house to support the family and that he is threatening not to pay the mortgage in an effort to bludgeon her into a financial settlement against her interests. By way of further answer and clarification Plaintiff incorporates by reference the averments set forth in Paragraphs 18 through 56 of Plaintiff's Defenses to Defendant's Petition for Emergency Relief herein and Paragraphs 57 through 71 of Plaintiff's Cross-Petition for Special Relief herein. 9. Plaintiff admits the following averment set forth in Paragraph 9 of Defendant's Petition for Emergency Relief: Plaintiff commenced this action in April of 2008. This Court appointed the Divorce Master to hear the economic claims in this case almost three years ago. 10. Plaintiff denies the following averment set forth in Paragraph 10 of Defendant's Petition for Emergency Relief: The most significant asset in this case is a commercial painting business which the parties formed and operated during the 5 J marriage. The business is in Plaintiff's name alone and he has continued to operate it himself, and retain all of the profits from it, since the parties'separation. By way of further answer and clarification Plaintiff incorporates by reference the averments set forth in Paragraphs 18 through 56 of Plaintiffs Defenses to Defendant's Petition for Emergency Relief herein and Paragraphs 57 through 71 of Plaintiffs Cross-Petition for Special Relief herein. 11. Plaintiff admits the following averment set forth in Paragraph 11 of Defendant's Petition for Emergency Relief: Each of the parties had the painting business appraised as of the date of separation. However, in 2011, Plaintiff also submitted an appraisal of the business as of 31 December 2010. Plaintiff has contended, throughout these proceedings, that the business has declined in value because of a reduction in its earnings and profits. By way of further answer and clarification Plaintiff incorporates by reference the averments set forth in Paragraphs 18 through 56 of Plaintiff's Defenses to Defendant's Petition for Emergency Relief herein and Paragraphs 57 through 71 of Plaintiffs Cross-Petition for Special Relief herein. 12. Plaintiff admits the following averment set forth in Paragraph 2 of Defendant's Petition for Emergency Relief: The Divorce Master has repeatedly scheduled conference and hearings in this matter but has postponed those proceedings several times because the parties did not submit appraisals of the painting business. The most recent postponement occurred in March of 2013, when the Master continued a hearing the day before it was scheduled to commence because Plaintiff reported that he did not yet have an appraisal of the painting business as of the end of 2012. By way of further answer and clarification Plaintiff incorporates by reference the averments set forth in Paragraphs 18 through 56 of Plaintiff's Defenses to Defendant's Petition for Emergency Relief herein and Paragraphs 57 through 71 of Plaintiff's Cross-Petition for Special Relief herein. 13. Plaintiff denies the following averment set forth in Paragraph 13 of Defendant's Petition for Emergency Relief: 6 Plaintiff contends that he cannot appraise the business as of its current time because he has not had income tax returns prepared for the business of 2011 and 2012. However, he last appraisal Plaintiff submitted in this action, which purported to value the business at the end of 2010, was prepared at a time when Husband had not prepared or filed his income tax returns for 2010. By way of further answer and clarification Plaintiff incorporates by reference the averments set forth in Paragraphs 18 through 56 of Plaintiff's Defenses to Defendant's Petition for Emergency Relief herein and Paragraphs 57 through 71 of Plaintiffs Cross-Petition for Special Relief herein. 14. Plaintiff denies the following averment set forth in Paragraph 14 of Defendant's Petition for Emergency Relief: As a result of the above, Plaintiff has unilaterally delayed the hearings before the Divorce Master and prevented the resolution of the economic issues in the case. He continued to postpone and delay the resolution of the economic issues by claiming that he cannot be prepared for a hearing because he cannot obtain a current appraisal of the painting business. By way of further answer and clarification Plaintiff incorporates by reference the averments set forth in Paragraphs 18 through 56 of Plaintiff's Defenses to Defendant's Petition for Emergency Relief herein and Paragraphs 57 through 71 of Plaintiff's Cross-Petition for Special Relief herein. 15. Plaintiff denies the following averment set forth in Paragraph 15 of Defendant's Petition for Emergency Relief: The other significant asset in the case is the marital residence. Plaintiff has offered to transfer ownership of the marital residence to Defendant and Defendant is prepared to accept the property and refinance the mortgage against it to reduce the monthly mortgage payment for a level she can afford to pay By way of further answer and clarification Plaintiff incorporates by reference the averments set forth in Paragraphs 18 through 56 of Plaintiff's Defenses to Defendant's Petition for Emergency Relief herein and Paragraphs 57 through 71 of Plaintiff's Cross-Petition for Special Relief herein. 7 16. Plaintiff admits the following averment set forth in Paragraph 16 of Defendant's Petition for Emergency Relief: Prior orders in this case have been entered by the Honorable Thomas Placey. 17. Plaintiff admits the following averment set forth in Paragraph 17 of Defendant's Petition for Emergency Relief: Plaintiff and his attomey do not concur in the relief requested in this Petition. Wherefore, Plaintiff requests this Honorable Court to enter an order denying the relief requested in Defendant's Petition for Emergency Relief. Additional Defenses to Defendant's Petition for Emergency Relief 18. Plaintiff incorporates by reference, the answers and averments set forth in paragraphs 1 through 17 above. 19. Plaintiff is hereafter referred to as "Husband", and Defendant is hereafter referred to as "Wife". 20. The parties were married on May 24, 1994, hereinafter referred to as the "date of marriage". 21. The parties began living separate and apart in the same household on or about December 31, 2007 and have continued to live separate and apart in that household since that date. December 31, 2007 is hereafter referred to as"the date of separation" or "the separation date". 22. The parties are the parents of one child, Jonathan Rice, age 18 and born on March 17, 1995. Jonathan is a senior in high school and has plans to attend college in the fall. 23. The parties are the joint owners of real estate known and numbered as 37 Stone Run Drive, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as the "marital home", in which the parties and their son Jonathan have resided since the separation date. 24. Since the date of separation, Wife has been employed by the Commonwealth of Pennsylvania, and it is believed that Wife has a current gross income of $40,800 8 per year. 25. Since the date of Separation, husband has been self employed as a painting contractor, trading and doing business as C&M Painting, hereinafter referred to as the "business". 26. The business has no employees and performs its painting business through Husband's labor and the labor of sub-contractors. 27. The business has no major assets. 28. The painting is done mostly for apartment complexes and for the most part is performed without written contracts and with no guaranty of the amount of work to be performed or the length of time services are to be rendered. 29. Starting in 2008, Husband's major customer, Morgan Properties, reduced the amount paying per apartment, with the biggest price decrease being in 2009. 30. In 2012 several of Husband's large customers terminated his services through no fault of his own, as a result of which he lost approximately $162,733 in income in 2012 when compared to the gross income received from those terminated customers in 2011. 31. As some of the customers who terminated services in 2012 had work performed for them in 2012 prior to the termination of services, it is projected that Husband will suffer an projected gross income reduction of$195,633 in 2013 when compared to the gross income received from those terminated customers in 2011. 32. Since 2007 Husband's pre-tax net business income has been steadily declining, although it is noted that Husband has not yet completed his 2011 and 2012 income tax returns so final figures are not yet available for those years. 33. The business is seasonal and most of the business income is generated during the period from April through November. 34. Husband has not yet filed his 2011 and 2012 income tax returns. 35. Because of the issues in the case and the need to have accurate information Husband decided to change his tax preparer from H&R Block to a CPA. 36. The CPA has informed husband that it will cost between $4,000 and $8,000 for him to prepare those returns. 37. Husband has only been able to pay $1,000 towards those costs so far. 9 38. While the 2011 tax return is almost completed, the preparation costs have not been fully paid. 39. It is believed that the 2011 and 2012 income tax returns can be completed and filed within a reasonable amount of time, but such final completion is dependent upon payment of the preparation costs, which Husband currently does not have. 40. It is still not known what taxes Husband will owe for 2011 and 2012, but it is believed that the such taxes will be substantial. 41. On October 18, 2011 Wife submitted her business valuation report prepared by Brown Shultz, valuing the business as of December 31, 2007. 42. On December 30, 2011 Husband submitted the following business valuation reports: (a) Valuation of C & M Painting as of December 31, 2007 prepared by SF&Company; (b) Valuation of C & M Painting as of November 30, 2011 prepared by SF&Company. 43. At a conference held on February 7,2012,the Divorce Master informed both parties that he believed that the business should be valued as of the date of distribution unless Wife could prove that the business declined in value because of Husband's actions or inactions. 44. The case was then continued at the request of Wife to secure an updated valuation of the business. 45. Wife did not provide her updated valuation of the business until February 2013. 46. Due to the continued decline in the business and the delay in the proceedings the hearing originally scheduled for March 5, 2013 was continued by the Divorce Master so that both parties could update their valuations to December 31, 2012. 47. Neither party has unilaterally delayed the hearings before the Divorce Master nor prevented the resolution of the economic issues in the case. Postponements have been requested by both parties and have been necessary to have the most accurate and up to date information available to the Divorce Master so that a fair and equitable decision can be made. 48. Husband's income information is outdated and no longer reflects his true financial 10 circumstances. 49. The resolution of all of the economic issues in this case requires a determination of Husband's income which cannot be done until his 2011 and 2012 income tax returns are prepared and filed. 50. The existing valuations of the business are outdated and no longer reflect the true financial circumstances of the business. 51. The update of the business valuations requires the completion of the 2011 and 2012 income taxes so that they are based on accurate information. 52. Husband has been informed that he will need to pay an additional $2,500 to update his business valuation, which he currently does not have. 53. Husband is currently up to date on the mortgage payment, but needs the financial assistance of Wife to continue to remain current. 54. Both parties' credit will be damaged is the marital obligations are not paid. 55. Husband believes that Wife can afford to pay a portion of the mortgage and the other household expenses and that she is refusing to so in an effort to bludgeon Husband into a financial settlement against his interests. 56. The other significant asset in the case is the marital residence. Both parties have requested the transfer of ownership of the marital residence to him or her so that each could refinance the mortgage to as monthly payment each could afford, but no final agreement has been reached for: (a) the transfer to one of the parties; (b) the ability of the transferring party to remain in the home; (c) the contribution the transferring party would make to the home costs during the period of joint occupancy; (d) The amount Wife would owe for Husband's prior payment of all of the home and family expenses. WHEREFORE, Plaintiff requests this Honorable Court to enter an order denying the relief requested in Defendant's Petition for Emergency Relief. 11 Cross-Petition for Special Relief 57. Plaintiff incorporates by reference, the answers and averments set forth in Paragraphs 1 through 56 above 58. The marital home is subject to a mortgage with Citi Mortgage requiring monthly payments including escrows for taxes and insurance of $2,114.12. The Citi Mortgage is hereafter referred to as the "mortgage". 59. As of the date of separation the balance owing on the Citi Mortgage was approximately $150,000.00. 60. As of March 2013 the balance owing on the Citi Mortgage was approximately $87,000.00, a reduction of approximately $63,000 from the date of separation balance. 61. From January 1, 2008 to the present date, Husband paid all of the expenses for the marital home, the family and the parties' son, Jonathan, including all required monthly mortgage payments. 62. During the period from January 1, 2008 through December 31, 2012, in addition to the payment of his own personal expenses Husband paid a total of $339,203 in family expenses, comprised of the following and as itemized on Exhibit "A", attached hereto and made a part hereof: (a) $192,704 in marital home expenses including the mortgage, utilities; (b) $81,363 in family expenses; (c) $61,321 in Jonathan's expenses; and (d) $2,613 in Wife's expenses. 63. Since the date of separation, Wife has been employed by the Commonwealth of Pennsylvania, and it is believed that Wife has a current gross income of $40,800 per year. 64. Since the date of separation, Wife has contributed virtually nothing to the expenses for the family, and none towards the mortgage and other marital home expenses, wife's expenditures being for the most part to her own personal expenses and eating out. 65. Wife has enjoyed the benefit of the family expenditures made by husband. 12 66. Husband has made numerous requests for Wife to contribute to the family expenses and Wife has refused all such requests. 67. Husband has requested that he receive a credit for his payment of the family expenses in equitable distribution, in whole or in part, and Wife has opposed all such requests even though she has enjoyed the benefit of such expenditures made by Husband. 68. Because of the decline in Husband's business profit, and the seasonal aspects of the business, Husband has been having difficulty in meeting his obligations. 69. In March of 2013, Husband was forced to borrow money to pay the March 2013 mortgage payment. 70. Husband has not been able to pay his attorney in this case and has an outstanding balance of almost $9,000.00. 71. It is not fair and equitable to force Husband to pay all of the marital home and family expenses without some reasonable contribution by Wife. 72. Prior orders in this case have been entered by the Honorable Thomas Placey. 73. Wife and her attorney do not concur in the relief requested in this Cross-Petition. WHEREFORE, Plaintiff requests this Honorable Court to enter an order requiring Defendant to contribute $2,000.00 per month towards the marital home and family expenses staring on May 1, 2013 and to have the issue of the contribution to the payment of past expenses referred to the Divorce Master for determination and recommendation. Dated: S Respectfully submitted, ANE RADCLI SQUIRE 3448 Trindle Road Camp Hill, PA 17011 Telephone: (717) 737-0100 Supreme Court ID #32112 Attorney for Plaintiff, Michael Rice 13 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ($ 13 M I C H R CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on this date I am serving a copy of the foregoing document, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail, Postage Prepaid and Addressed as Follows: Samuel L. Andes, Esquire 525 North Twelfth Street PO Box 168 Lemoyne, PA 17043 (Attorney for Defendant) J Dated: - DIA D IFF, ES E Supr o #32112 3448 Trindle Road, Camp Hill, PA 17011 Telephone: (717) 737-0100 Attorney for Plaintiff, Michael Rice 15 EXHIBIT"A" Husband's Payment of Marital Home, Family Child and Wife's Personal Expenses 2008-2012 Description 2008 2009 2010 1 2011 1 2012 1 Total Marital Family Jonathan Cindy Home MARITAL HOME EXPENSES Mortgage 21,103 25,310 23,428 25,901 26,600 122,342 122,34 2 Electric PPL 1,646 2,142 3,297 2,842 2,435 12,363 12,363 UGI Gas 2,119 3,529 2,291 1,100 720 9,759 9,759 Sewer 1,024 791 1,376 1,235 617 5,043 5,043 Water-United 427 820 139 1,106 1,447 3,938 3,938 Trash 117 177 133 222 175 825 825 RE Tax 3,019 3,019 3,019 Phone 3,852 599 357 275 425 5,508 5,508 Cable TV 565 1,874 2,063 1,111 619 6,233 6,233 HO Assessment 160 160 180 170 670 670 Pest Control 293 517 493 1 593 127 2,023 2,023 Lawn Care 217 1,337 1,136 1,542 1,853 6,084 6,084 Security ADT 163 456 472 239 1,330 1,330 Snow Removal 25 25 25 Home Clean& 4,578 4,093 871 1,347 2,656 13,544 13,544 Repairs Subtotal- Husband's Payment of Marital Home Expenses 192,704 FAMILY EXPENSES Description 2008 2009 2010 2011 2012 Total Marital Family Jonathan Cindy Home 13Js 1,627 45 1,672 1,672 Groceries @ 200/wk 10,400 10,400 10,400 10,400 10,400 52,000 52,000 Food 212 1,585 357 231 2,385 2,385 Walmart 25 5,411 1,752 7,188 7,188 Gifts 161 472 235 868 868 Pets 192 439 186 817 817 Magazines 47 47 44 138 138 Medical 485 509 56 835 423 2,308 2,308 Life Ins Aviva 1,138 1,138 1,138 Insurance Life 658 658 658 658 2,630 2,630 Insurance Life 2,281 2,281 1 2,281 2,281 1,096 10,219 10,219 Subtotal -Husband's Payment of Family Expenses 81,363 16 EXHIBIT"A" Husband's Payment of Marital Home, Family Child and Wife's Personal Expenses 2008-2012 Description 2008 1 2009 1 2010 1 2011 2012 1 Total I Marital Family Jonathan Cindy Home EXPENSES PAID FOR JONATHAN Description 2008 2009 2010 2011 2012 Total Marital Family Jonathan Cindy Home St. Theresa 1,579 235 1,814 1,814 Trinity 49 7,160 6,995 2,193 16,397 16,397 Education 1,923 5,702 277 3,832 11,733 11,733 Dental/Ortho 5,561 196 200 5,957 5,957 Hair 22 131 42 194 194 Dodge 4,167 4,203 8,369 8,369 Dodge Remote 847 847 847 Jonathan Misc 200 589 789 789 Jonathan Boat 4,000 26 439 4,465 4,465 Sports 340 2,705 544 6 3,595 3,595 Restaurants 57 1,900 1,192 3,148 3,148 Entertainment 797 1,052 400 156 2,405 1,202 Hotels 1,265 182 1,447 1,447 Insurance Health 143 1 143 143 Insurance Auto 1 675 544 1,219 1,219 Subtotal-Husband's Payment of Jonathan's Expenses 61,321 EXPENSES PAID FOR CYNTHIA Description 2008 2009 2010 2011 2012 Total Marital Family Jonathan Cindy Home Ford Focus 1,251 1,251 1,251 Health Insurance 1,340 1,340 1,340 Nails 22 22 22 Subtotal-Husband's Payment of Wife's Expenses 2,613 SUMMARY TOTALS Description 2,008 2,009 2,010 2,011 2,012 Total Marital Family Jonathan Cindy Home Totals 67,852 92,594 68,492 70,211 70,204 339,203 192,704 81,363 61,321 2,613 17 =;ILE0-0 2013 MAY 15 PM ?: 53 CU i8EE7LA f) CC Y MICHAEL RICE, r El'4NSYLWA�t{��: Plaintiff IN THE COURT OF COMMON PLEAS OF V. THE NINTH JUDICIAL DISTRICT IN DIVORCE CYNTHIA RICE, Defendant 2008-2100 CIVIL TERM IN RE: PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR EMERGENCY RELIEF AND PLAINTIFF'S CROSS CLAIM FOR SPECIAL RELIEF ORDER OF COURT i AND NOW, this �day of May 2013, upon consideration of Plaintiff's Answer to Defendant's Petition for Emergency Relief and Plaintiff's Cross Claim for Special Relief, a RULE is issued upon Defendant to show cause why the relief requested should not be granted. PLAINTIFF shall serve the petition and this Order of Court upon Defendant. A motion to make rule absolute will not be entertained prior to filing proof of service. RULE RETURNABLE twenty (20) days from the date of service by Plaintiff. Defendant's Petition for Emergency Relief shall be held in ABEYANCE to allow Defendant the opportunity to respond to Plaintiff's cross claim. GOW Tho a A. Placey C.P.J. Distribution: E�Robert Elicker, Jr., Divorce Master �Di�ne G. Radcliffe, Esq. Samuel L. Andes, Esq. f f CO'J I,Es lv.�t A w FILED-OFFICE Z � KAI 28 PM 3. 16 ULIMPE NNSYL AS Y IA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL RICE Plaintiff V. NO. 08-2100 CIVIL TERM CYNTHIA RICE CIVIL ACTION - LAW Defendant AFFIDAVIT OF SERVICE I, Diane G. Radcliff, Esquire, being duly sworn according to law, depose and say that on May 20, 2013, 1 served a true and correct copy of the May 15, 2013 Order of Court and Rule Returnable on Plaintiff's Answer to Defendant's Petition of Emergency Relief and Plaintiff's Cross Claim for Special Relief upon Samuel L.Andes, Esquire,Attorney for the Defendant, by Certified Mail, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing is attached hereto as Exhibit "A" and made a eof. ANE G. DCLI SQUIR Indle Road Camp Hill, PA 17011 Supreme Court I.D. No. 32112 Attorney for Plaintiff Sworn to and subscribed before me a Notary Public in and for Cumberland County, Pennsylvania this 2`L"-4 Of 20 COMMONWEALTH OF PENNSYLVANIA y Notarial Seal Deborah L.Donley,Notary Public Camp mil Born,Cumberland County My Commission Expires Sept 23,2015 NOTARY PUBLIC 101 MEMBER,PENNSYLVANIA ASSWATION OF NOTAWS My commission expires: SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Aiso complete sig vat item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. eived ( rinte Name) C. D e of elivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 11 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Sa�nue� L • Ql�c�e5 � C) • I��"�.. 1 IIJ� 3 Service Type —7 fied Mail E3 Express Mail Le M h�+ J I 13 E3 [3 Return Receipt for Merchandise ✓✓ ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 0 0 9 14'10 b:000' 1'19'[1"i5622'. (Transfer from service labeq T J PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540 EXHIBIT "A" RETURN RECEIPT CARD �vivo3 PEN?4SYLVAHIA MICHAEL RICE, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW I ) NO. 2008-2100 CIVIL TERM CYNTHIA RICE, ) Defendant ) IN DIVORCE MOTION FOR HEARING AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and moves the court to schedule a hearing on her Petition for Emergency Relief, based upon the following: 1. In April of 2013, Defendant filed a Petition for Emergency Relief seeking, among other things, an order directing Plaintiff to pay the mortgage against the marital residence or, in the alternative, an order directing Plaintiff to transfer the residence to Defendant so she could refinance the mortgage and make payment on it herself. The said Petition also asked the court to order the Divorce Master to proceed with hearings in this matter so all the economic issues could be resolved. 2. By an order dated 18 April 2013, this court, by the Honorable Thomas A. Placey, issued a Rule upon Plaintiff to show cause why the relief requested in Defendant's Petition for Emergency Relief should not be granted and directed that the Rule be returnable twenty(20) days from date of service. 3. The Rule has been served upon Plaintiff's counsel of record, as evidenced by the Affidavit of Service by Certified Mail, a copy of which is attached hereto and marked as EXHIBIT A. 4. The problems which gave rise to Defendant's Petition for Emergency Relief have not been resolved and, if anything, have grown worse. Specifically: A. Plaintiff has stated repeatedly to Defendant that he will make all payments on the mortgage late to ruin her credit and prevent her from obtaining a new mortgage. B. Although he had the funds available to make the April mortgage payment on 30 April 2013, Plaintiff failed to make the payment at that time and intentionally made the payment one day late for the purpose of spoiling and ruining Defendant's credit and preventing her from getting a new mortgage loan. C. Plaintiff has still not provided copies of the long-promised appraisal of his painting business or copies of his federal or state income tax returns for tax years 2011 or 2012. As a result, nothing has been scheduled before the Divorce Master. 5. Defendant has been approved for a mortgage loan in an amount sufficient for her to pay off the existing mortgage on the marital residence. If the residence is transferred to her she can settle on that mortgage and she will be willing and able to make the monthly mortgage payments on that loan thereafter. 6. Plaintiff's actions here are motivated by ill will and bad faith and are an attempt by Plaintiff to ruin Defendant's credit, prevent Defendant from obtaining the residence, and prevent the resolution of the economic issues raised in this case, which has been pending for more than four years. WHEREFORE, Defendant moves this court to schedule a hearing at its earliest convenience to address the issues raised in her Petition for Emergency Relief. Sa uel L. A des Attorney for Defendant Supreme Court ID # 17225 525 North 12t' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 i CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Date: 9 May 2013 Amy M. kins Secretary for Samuel L. Andes EXHIBIT A MICHAEL RICE, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW NO. 2008-2100 CIVIL TERM CYNTHIA RICE, ) Defendant ) IN DIVORCE AFFIDAVIT OF SERVICE BY CERTIFIED MAIL AMY M. HARKINS, being duly sworn according to law, deposes and says as follows: 1. That she is an employee of Samuel L. Andes, attorney for the Defendant herein. 2. That on 22 April 2013, she delivered to the U.S. Postal Service in Lemoyne, Pennsylvania, as certified mail (Receipt No.7010 1670 0000 1025 9807) return receipt requested, addressed to the Plaintiff herein, a true and correct copy of the Petition for Emergency Relief filed in the above-captioned action duly endorsed with a Notice to Defend and Claim Rights. 3. Said return receipt card is attached hereto as Exhibit A showing a date of delivery to the Plaintiff on 23 April 2013. AMY . HARKINS Sworn to and subscribed before me this > day Of IW-y , 2013. coNMON M'M OF ,vim NOTARIAL SEAL EHRENFELD,Notary PW* jam».- `� 1:7—ssim h,Cwnbedarby Notary Public. Expires Februay 1,2017 SENDER: THIS SECTION ON DELIVERY N COMPLETE N Complete Items'1,2,and 3.Also complete EB. i ature ant item 4 if Restricted Delivery is desired. ddressee Print your name and address on the reverse printed Name C. to f Delivery so that we can return the card to you. q�j��y(Printed 1�� a Attach this card to the back of the mailpiece, b fit t or on the front if space permits. D, Is delivery address different fro item l? I❑Yes If YES,enter delivery address below: 10 No i . 1. Article Addressed to 3 , . I Esquire ! Diane G. Radcliff, E sq 3448 Trindle Road 3. S rvice Type , Camp Hill, PA 17011 Certified Mail E3 Express Mail Registered ❑Return Receipt for Merchandise ❑ Insured Mail '❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. ArticleNur '701,0 1670 0000 1025 9807 _ (rransfer fr_ 102595.02=A PS.Form 3811,February 2004 ,Domestic Return Receipt XTT nIBIT A i�" it+cL f�R0f;�+tii? ?I.Yv 03 F fy 0 ! OK CLiP`1i3ERLAtiD PEN4S Y LVAHIA MICHAEL RICE, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW NO. 2008-2100 CIVIL TERM CYNTHIA RICE, ) Defendant ) IN DIVORCE DEFENDANT'S REPLY TO PLAINTIFF'S ANSWER NEW MATTER AND CROSS CLAIM TO DEFENDANT'S PETITION FOR SPECIAL RELIEF AND NOW comes the above-named Defendant by her attorney Samuel L. Andes, and makes the following Reply to Plaintiff's pleading: 18. No answer required. To the extent any factual response is appropriate, Defendant incorporates herein by reference the averments set out in her original petition. 19 through 23. Admitted. 24. Denied. Defendant's income from the Commonwealth of Pennsylvania is $32,000.00 per year before taxes, retirement, and other deductions. Her monthly net income is approximately $1,700.00. 25. Admitted. By way of further answer, however, Defendant states that Plaintiff had traditionally earned in excess of$100,000.00 from the painting business. She further states that it is not possible for her to know exactly what his income from the painting business for the past two years because Plaintiff has failed or refused to file income tax returns for the business or for himself since 2010. 26. Admitted. 27. Denied. The business has long-standing relationships with customers which are valuable assets. 28. Admitted. 29. Defendant has no way of verifying the truth or accuracy of these statements because they are within the sole control of Plaintiff and so Defendant denies and demands proof thereof at a hearing. Defendant does know, however, that Plaintiff's income from the painting business in 2010 was significantly higher than in prior years. For calendar year 2010, the painting business realized gross income of$500,124.00 and subcontractor expenses of$311,435.78. Defendant believes that Plaintiff's income from the business in 2010 was one of his best years since the creation of the business. 30. Defendant has no way of verifying the truth or accuracy of these statements because they are within the sole control of Plaintiff and so Defendant denies and demands proof thereof at a hearing. However, Defendant is aware that Plaintiff has mismanaged the business in several regards, including the failure to supervise his subcontractors who overcharged Plaintiff and his business and also by overcharging the business's own customers. 31. Defendant has no way of verifying the truth or accuracy of these statements because they are within the sole control of Plaintiff and so Defendant denies and demands proof thereof at a hearing. By way of further answer, Defendant states that Plaintiff's painting business has acquired new customers and new contracts which she believes have largely replaced any loss of revenue from the customers he has lost. 32. Denied. Defendant believes that Plaintiff's income in 2010 was dramatically higher than in prior years. She believes that, if and when Plaintiff prepares and files his tax returns for 2011 and 2012, they will reflect income of$100,000.00 or more. That is the type of income he has enjoyed in the past. Further, Defendant believes that Plaintiff has failed and refused to prepare and file those tax returns in an effort to obstruct Defendant's ability to resolve this case and receive her fair share of the marital assets. 33. Denied as stated. In the past, the business has been productive throughout the year. 34. Admitted. By way of further answer, Defendant states that Plaintiff has offered no credible explanation for failing to prepare those returns and has had the assistance of others in his bookkeeping functions so that he should be able to prepare and file the returns when they were due. 35. Denied as stated. Defendant believes that Husband changed accountants so that he could use the same accountant who prepared an informal valuation of the business for purposes of the Master's proceedings. 36. Denied. Defendant has no way of verifying the truth or accuracy of these statements because they are within the sole control of Plaintiff and so Defendant denies and demands proof thereof at a hearing. 37. Denied. Defendant has no way of verifying the truth or accuracy of these statements because they are within the sole control of Plaintiff and so Defendant denies and demands proof thereof at a hearing. By way of further answer, Defendant states that Plaintiff has spent approximately $19,000.00 on legal fees to defend him from criminal charges over the past two or more years. 38. Denied. Defendant has no way of verifying the truth or accuracy of these statements because they are within the sole control of Plaintiff and so Defendant denies and demands proof thereof at a hearing. 39. Denied. Defendant has no way of verifying the truth or accuracy of these statements because they are within the sole control of Plaintiff and so Defendant denies and demands proof thereof at a hearing. By way of further answer, Defendant states that she and her counsel have been advised by Plaintiff's counsel for several months that the tax returns for 2011 and 2012 were in the process of being prepared and would be completed shortly. 40. Denied. Defendant has no way of verifying the truth or accuracy of these statements because they are within the sole control of Plaintiff and so Defendant denies and demands proof thereof at a hearing. By way of further answer, Defendant states that the income taxes which Plaintiff may owe could easily have been paid from the income he derived from the business while operating it. By way of further answer, Plaintiff states that the inability to pay the taxes does not excuse Plaintiff from preparing the tax returns as required by law. 41. Admitted. 42. Admitted. Byway of further answer, Defendant states that Plaintiff had his business valued for calendar year 2011 without a 2011 tax return being prepared. Defendant believes that Plaintiff s claim that he cannot value the business without a 2011 tax return is merely an effort to delay the resolution of this case. 43. Denied as stated. The Master stated that the burden would be on Wife to establish that any decline in the business profits resulted from Husband's conduct. 44. Admitted. 45. Admitted. By way of further answer, Wife states that she could not effectively update her valuation of the business without current information about the business income and operations, which information was not available because Plaintiff had not prepared or filed income tax returns for 2011 or 2012. 46. Denied as stated. It is admitted that the Master, the day before the hearing was scheduled to take place, postponed the hearing because Plaintiff had not submitted updated valuation report as the Master had directed. It is denied that the Master has concluded that the business has continued to decline in value as suggested by the averments in this paragraph or that the Master determine that the business must be valued as of 31 December 2012. 47. Denied. Plaintiff has unilaterally delayed the hearing before the Support Master by refusing to prepare income tax returns for the business which he operates, by failing to provide updated valuations of the business as directed by the Master, and by requesting continuances from the Master and from this court because he is not prepared to proceed at the hearing. All of the delay in this case since February of 2012 has been caused by Plaintiff and his failure to file tax returns, obtain valuation reports of the business, and otherwise comply with the directions of the Master to provide information regarding the business. 48. Denied. Defendant has no way of verifying the truth or accuracy of these statements because they are within the sole control of Plaintiff and so Defendant denies and demands proof thereof at a hearing. 49. Denied. Plaintiff has intentionally delayed the preparation and filing of these tax returns for 2011 and 2012 and Defendant believes he has done so in an effort to frustrate, obstruct, and delay the resolution of the economic issues in this case and her economic rights. It is manifestly unfair to Defendant to permit Plaintiff to delay the resolution of this case by his own intentional conduct, all to the detriment and prejudice of Defendant. 50. Denied. Defendant believes, and is prepared to support at the Master's hearing, that any decline in the value of the business is a direct result of Plaintiff's mismanagement, intentional or negligence. She believes, therefore, that under the law of Pennsylvania, the value of the business should be determined at the date of separation, before Husband assumed unilateral control of the business and allowed it to apparently decline in value. 51. Admitted. However, it is manifestly unfair to the Defendant that she should be so sorely prejudice by Plaintiff's intentional delay of preparing and filing the tax returns so this case can proceed. 52. Denied. Defendant has no way of verifying the truth or accuracy of these statements because they are within the sole control of Plaintiff and so Defendant denies and demands proof thereof at a hearing. By way of further answer, Defendant believes that Plaintiff enjoys sufficient income from the painting business to pay to have the tax returns prepared and the valuation performed. 53. Denied. Defendant has been able to pay the mortgage installment on a regular and consistent basis, from the income he derives from the painting business, since the parties separated five years ago. 54. Admitted. By way of further answer, Defendant states that her credit has already been damaged by Plaintiff's intentional delay in making mortgage payments. Defendant believes that Plaintiff intentionally delayed those payments to discredit her financially and to prevent her from getting a mortgage with which she could acquire his interest in the marital property. 55. Denied. Defendant's financial arrangements are no different now than they have been since the parties separated five years ago. It is Plaintiff who is attempting to bludgeon Defendant into an unfavorable financial settlement by destroying her credit. 56. Admitted in part and denied in part. It is admitted that the other significant asset in the case is the marital residence. Defendant states, however, that she has offered financial settlement to Plaintiff which would pay him for his equity in the house at the time of final distribution, give him a reasonable length of time to vacate the house, provide for sharing of expenses during the time that they both reside in the house until Plaintiff vacates it, and allow all other claims to be addressed to and decided by the Master. WHEREFORE, Defendant prays this court to grant her the relief requested in her original petition for special relief. ANSWER TO CROSS-PETITION FOR SPECIAL RELIEF AND NOW comes the above-named Defendant, by her attorney Samuel L. Andes, and makes the following Answer to the Plaintiffs Cross-Petition for Special Relief: 57. Denied for the reasons set forth in the foregoing paragraphs of this Reply, all of which are incorporated herein by reference. 58 through 60. Admitted. 61. Denied. Each of the parties contributed services and their finances to support the household and their son. Defendant provided food and clothing for the parties son, maintenance, cleaning and other services about the house, health insurance for all parties, and most of the expenses of the parties' son. 62. Denied. Defendant denies that Plaintiff paid all of the expenses listed on Exhibit A attached to his Cross-Petition because all of the information regarding those payments is within the exclusive control of Plaintiff and so Defendant demands proof of them at any hearing. By way of further answer, Defendant states that the expenses which Plaintiff claims to have paid are more than he could have paid on the income he claims to have, considering the other expenses he claims to have paid during the same time. 63. Denied. Defendant's gross income from her employment is $32,000.00. 64. Denied. Defendant contributed both her finances and her services to the family and the household. While it is true that Plaintiff made the mortgage payment and some of the utility payments, it is also true that Defendant purchased food, provided maintenance for the house, provided health insurance for the entire family, fed and clothed the parties' son, and assumed, at her own expense, various other household expenses and obligations for the benefit of the family. 65. Admitted. However, Plaintiff has enjoyed the benefit of Defendant's contributions to the household as well. 66. It is admitted that Plaintiff has made such demands upon the Defendant, but is denied that she is obligated to make those payments. Plaintiff's claim against Defendant for contributions to the household expenses is largely offset by Plaintiff's financial obligation to support Defendant and the parties' minor child. By way of further answer, Defendant states that she has attempted to resolve these matters by negotiation and by her purchase of the marital residence and the refinancing of the mortgage to obtain Plaintiff's release from that obligation. 67. It is admitted that Plaintiff has made those demands but denied that he is entitled to them for the reasons set forth in the answer to Paragraph 66 above. 68. Denied. Any reduction in Plaintiff's income has been a result of Plaintiff's own conduct and mismanagement and he should not benefit from that by avoiding his financial responsibilities to Defendant and the parties' child. 69. Denied. Defendant has no way of verifying the truth or accuracy of these statements because they are within the sole control of Plaintiff and so Defendant denies and demands proof thereof at a hearing. 70. Denied. Defendant has no way of verifying the truth or accuracy of these statement because they are within the sole control of Plaintiff and so Defendant denies and demands proof thereof at a hearing. 71. Denied. It is not unfair to require Plaintiff to continue to make the same support arrangements for Defendant and the parties child as he has made in the past. More to the point, it is not fair or unreasonable for this court to grant Defendant's request that she be awarded title to the marital residence so that she can refinance it to relieve Plaintiff of all financial obligation regarding that debt. Plaintiff has refused to cooperate in those efforts as part of his detennination to frustrate and obstruct Defendant's financial rights in this case. 72. Admitted. 73. Admitted. WHEREFORE. Defendant prays this court to dismiss Plaintiff's Cross-Petition and to grant her the relief requested in her original Petition for Special Relief, including a prompt order to the Divorce Master to schedule, commence, and conclude hearings in the matter and promptly file his report and recommendations to the court. Sams L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 12`' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn falsification to authorities). F Date: CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Date: Amy NP Harkins i Secretary for Samuel L. Andes .:4�.. .i i t P ,O T H0NA gun og CUMBERLAND CO IN'11 "� � PENNSYLVANIA MICHAEL RICE, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW NO. 2008-2100 CIVIL TERM CYNTHIA RICE, ) Defendant ) IN DIVORCE AFFIDAVIT OF SERVICE BY CERTIFIED MAIL AMY M. HARKINS, being duly sworn according to law, deposes and says as follows: 1. That she is an employee of Samuel L. Andes, attorney for the Defendant herein. 2. That on 22 April 2013, she delivered to the U.S. Postal Service in Lemoyne, Pennsylvania, as certified mail (Receipt No.7010 1670 0000 1025 9807) return receipt requested, addressed to the Plaintiff herein, a true and correct copy of the Petition for Emergency Relief filed in the above-captioned action duly endorsed with a Notice to Defend and Claim Rights. 3. Said return receipt card is attached hereto as Exhibit A showing a date of delivery to the Plaintiff on 23 April 2013. AMY . HARKINS Sworn to and subscribed before me this j s;F day of IW,7 , 2013. f-a - _ LYM Nohry Ptft lam- � � '•� i Notary Public. y COMPLETE • • DELIVERY COMPLETE SECTION A. Si ature I • Complete items 1,2,and 3.Also complete NI Agent item 4 if Restricted Delivery is desired. O ddressee • Print your name and address on the reverse so that we can return the card to you. B. eceived by(Printed Name C. to f Delivery • Attach this card to the back of the mailpiece, �p ra L. Nn� '¢ ?J 113 or on the front if space permits. D. Is delivery address different fro item 1? ❑Yes 1. Article Addressed to: - If YES,enter delivery address below: El No Diane G. Radcliff, Esquire 3448 Trindle Road 3. Service Type Camp Hill, PA 17011 Certified Mail ❑ Express Mail Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes lk 2. Article NU'\N 7.010 .1670 0000 1025 9807(Transfer �ozsss o?-n PS Form 3811,February 2004 Domestic Return Receipt XHIBIT A P ILED-OF C.11 r] C!F Till E P R,0 T lf-i 0 N,0 k 2013 JUN 3 ! PM 33'* '33 CUMBERLAND COUN-1-Y of MICHAEL RICE, PENNSYLVANIA Plaintiff IN THE COURT OF COMMON PLEAS V. OF THE NINTH JUDICIAL DISTRICT IN DIVORCE CYNTHIA RICE, Defendant 2008-2100 CIVIL TERM IN RE: PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR EMERGENCY RELIEF AND PLAINTIFF'S CROSS CLAIM FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 11th day of June 2013, upon consideration of Defendant's Petition for Emergency Relief, Plaintiff's Answer to Defendant's Petition for Emergency Relief and Plaintiff's Cross Claim for Special Relief, and the response thereto, a HEARING is scheduled on 14 August 2013 at 1:30 p.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania. Each party shall file 10 days prior to the hearing a memorandum identifying witnesses they plan'to call and any exhibits to be used at the hearing. No minor child of the parties may be i witness without prior court permission. BY T Thomas A. Placey C.P.J. Distribution: E. Robert Elicker, Jr., Divorce Maste r l5lane G. Radcliffe, Esq. � amuel L. Andes, Esq. 6L (�r ►SSE f�LOT110N' 0­1"P, iM 2013 SEP 19 PM 1`2 4 CUMBERLAKI COUNTY PENNSYLVANIA MICHAEL RICE, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW NO. 2008-2100 CIVIL TERM CYNTHIA RICE, ) Defendant ) IN DIVORCE DEFENDANT'S MOTION FOR LEAVE TO TAKE DEPOSITION TESTIMONY BY TELEPHONE AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and moves the court for leave to take testimony of a witness by telephone, based upon the following: 1. The moving parry herein is the Defendant. The responding party herein is the Plaintiff. 2. The parties are engaged in a divorce action which is scheduled for a hearing before the Divorce Master on 22 October 2013. 3. One of the critical issues in the case, to be heard at the Master's hearing set for 22 October 2013, is the value of the business currently operated by Husband C&M Painting. In that regard, Husband claims that the business has decreased in value significantly since the parties' separation and Wife contends that the decrease has been because of Husband's mismanagement, intentional or unintentional, of the business. 4. Defendant has identified a witness, Carissa Snow, who worked for C&M Painting for a period of time following the parties' separation and who she believes has critical information about Husband's operation of the business which will support Defendant's contentions regarding the reasons for any decline in value of the business. 5. Carissa Snow resides and works in the state of Florida and is not available to be deposed in Pennsylvania. Because of her work schedule, she is not available to be deposed before 5:00 p.m. our time. 6. It is not practical for Defendant to arrange the deposition of Carissa Snow in Pennsylvania or in Florida because of the distance involved. It is not possible for Defendant to arrange for the deposition of Carissa Snow prior to 5:00 p.m., because of her unavailability. 7. Defendant has requested that Plaintiff's counsel cooperate so that Carissa Snow can be deposed by telephone after 5:00 p.m. Plaintiff's counsel has refused that request. 8. Prior orders in this matter were entered by the Honorable Thomas C. Placey. 9. Plaintiff's counsel does not concur in the request set out in this Motion. WHEREFORE, Defendant moves this court for leave to take the deposition of Carissa Snow by telephone after 5:00 p.m. Samuel L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12t' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Date: 16 September 2013 Amy M.diarkins Secretary for Samuel L. Andes MICHAEL RICE, ���i��i�t� : Plaintiff ,O W . 561 . �rs' a* v. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2008-02100 CIVIL TERM CYNTHIA RICE, Defendant IN DIVORCE IN RE: DEFENDANT'S MOTION FOR LEAVE TO TAKE DEPOSITION TESTIMONY BY TELEPHONE ORDER OF COURT AND NOW, this 7th day of October 2013, following a telephone conference with both attorneys, the agreement reached is the testimony of Carissa Snow may be taken via telephone by the Divorce Master at his hearings. A Thom.s A. Placey C.P.J. Distribution: ... a'./Diane G. Radcliff, Esq. c,..--, - Samuel L. Andes, Esq. Bob Flicker, Esq. , �� "� Divorce Master I c {fiS / 'Ce3 t c __ �0 713 � �_ i 1 i E Z,i1Ur'G�!` yti 2013 OCT -7 PM : C MICHAEL RICE, �����it�of � . Plaintiff CUMBERLAND COUNTY PENNSYLVANIA &tin° niZt v. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2008-02100 CIVIL TERM CYNTHIA RICE, Defendant IN DIVORCE IN RE: PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 7th day of October 2013, upon review of the 241 pages of this April 2008 Divorce Action, specifically Defendant's 16 April 2013 Petition for Emergency Relief, Defendant's 3 June 2013 Motion For Hearing, Plaintiff's Answers with New Matter, and following a 14 August 2013 hearing on the various matters raised the following Order is entered in advance of the 22 October 2013 Divorce Master's hearing: 1. Plaintiff shall make the monthly mortgage payment on or before the 1st of the month, each and every month that the matter goes unresolved by agreement or Order of Court. Any credit on these payments to Plaintiff from Defendant shall be determined by the Divorce Master. 2. The first party in time who can secure and settle a mortgage loan, sufficient to pay off the existing mortgage on the marital residence may do so and thereby obtain exclusive possession of that property, subject to equitable distribution and an asset preservation requirement. 3. The other party shall timely sign all transfer documents necessary to achieve the above real estate settlement and that transferring party shall . vacate the property upon signing the agreement provided fifteen (15) days written notice of settlement was given or within fifteen (15) days of settlement, whichever is soonest. 4. If neither party can secure financing, as demonstrated by a signed qualified mortgage agreement within sixty (60) days of this order and thereafter proceed to final settlement within the time constraints of the mortgage agreement, then the property is to be listed for sale with a licensed realtor, with the listing price to be not less than $347,000.00. 5. The Divorce Master's shall schedule, commence and conclude hearings in the matter at his discretion. The Divorce Master's decision in the matter shall account for the above ordered timely payments, the alternative exclusive possession or sale of the marital residence. No further relief is granted this time. BYTH 011R Thom s . Placey C.P.J. Distribution: iane G. Radcliff, Esq. amuel L. Andes, Esq. Bob Elicker, Esq. - btar_ ,y-I tc Divorce Master /Ut7ha IL 1 1 PENhhSY! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • MICHAEL RICE, Plaintiff : NO. 08-2100 CIVIL TERM • V. : CIVIL ACTION - LAW CYNTHIA RICE, : IN DIVORCE Defendant PLAINTIFF'S PETITION FOR RECONSIDERATION AND MODIFICATION OF THE ORDER OF COURT DATED OCTOBER 7, 2013 Submitted by Diane G. Radcliff, Esquire, Attorney for Michael Rice PREVIOUSLY ASSIGNED JUDGE The Honorable Thomas A. Placey, C.P.J. DIVORCE MASTER E. Robert Elicker, II, Esquire Office of the Divorce Master for Cumberland County, PA 9 North Hanover Street, Carlisle, PA 17013 Phone: (717) 240-6535 Email: belickerCa ccpa.net APPEARANCE FOR PLAINTIFF APPEARANCE FOR DEFENDANT Diane G. Radcliff, Esquire Samuel L. Andes, Esquire 3448 Trindle Road 525 North Twelfth Street Camp Hill, PA 17011 PO Box 168, Lemoyne, PA 17043 Telephone: 717-737-0100 Telephone: 717-761-5361 Facsimile: 717-975-0697 Facsimile: 717-761-1435 Email: dianeradcliff @comcast.net Email: lawandes @aol.com 3 DIANE G. RADCLIFF, ESQUIRE Supreme Court ID Number 32112 3348 Trindle Road, Camp Hill, PA 17011 Telephone: 717-737-0100 • Facsimile: 717-975-0697 Email: dianeradcliffa@comcast.net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • MICHAEL RICE, Plaintiff : NO. 08-2100 CIVIL TERM • V. : CIVIL ACTION - LAW CYNTHIA RICE, : IN DIVORCE Defendant PLAINTIFF'S PETITION FOR RECONSIDERATION AND MODIFICATION OF THE ORDER OF COURT DATED OCTOBER 7, 2013 AND NOW, this day of October, 2013, comes the Petitioner, Michael Rice, by his attorney, Diane G. Radcliff, Esquire, and files the above referenced Petition for Reconsideration and Modification of the Order of Court dated October 7, 2013, and represents that: 1. The Petitioner herein is Plaintiff(hereafter"Husband"). The Respondent herein is the Defendant (hereafter "Wife"). 2. The parties are married and are the parents of one child, Jonathan Rice, now emancipated. 3. On April 16, 2013 Wife filed a Petition for Emergency Relief in which she requested the following limited relief regarding the parties' marital residence located at 37 Stone Run Drive, Mechanicsburg, PA: "Direct Plaintiff to continue making the monthly mortgage payments on the marital residence or, in the alternative direct the parties to transfer title to the marital residence to Plaintiff so she can refinance the debt and pay the mortgage herself without prejudice or determination as to the parties' equity in the property reserving all claims to such equity to the final resolution of the case". 4 Wife had been approved for a loan to refinance the marital home mortgage. It is acknowledged that Husband is not able to refinance that mortgage at this time even though he was previously able to and Wife refused to transfer the marital home to him in exchange for payment of 50% of its equity. 9. This Honorable Court should reconsider and modify its October 7, 2013 Order for the following reasons: (a) Neither party had plead any request for exclusive possession of the marital residence and a granting of such relief is a denial of Husband's due process rights. (b) Husband is the owner of a business, C&M Painting, from which he derives his sole source of income. Husband has operated C&M Painting out of the marital home since that home was acquired in 2002. He needs to use his office space in the marital home to continue that operation. (c) Due to the economy and other circumstances beyond Husband's control,the amount of Husband's income derived from his business has been declining since 2007 when his pre-tax net income was $166,822 to a pre-tax net income in 2012 of $109,748, a net decrease in pre-tax net income of $57,074. (d) As the result of the economic downturn and business income loss, the household expenses he has been required to pay and the litigation costs he incurred, Husband has not been able to pay his personal and business obligations and has incurred $166,205.90 in past due personal obligations and $97,197.43 in long term past due business obligations, itemized as follows: Personal Debts M&T-Visa- Minimum Payment @ 452 (past Due) $14,114.40 2011 Federal, State and Local Income Taxes & Penalties $65,833.93 2012 Federal, State and Local Income Taxes $34,534.57 2013 Estimated Federal, State and Local Income Taxes $30,000.00 Legal Fees Past Due- Diane G. Radcliff, Esquire $10,723.00 Legal Fees Current(Estimated for October, 2013) $6,000.00 Accountant Fees- Larry Crown, CPA $4,000.00 Business Valuation Fees- Mr. Ribec $1,000.00 Total Personal Expenses $166,205.90 Business Debts Amount Frozen Personal/Business Visa#2586- Past Due $11,296.75 Frozen Personal/Business Visa#5572- Past Due $10,938.73 6 M&T Line of Credit as of 79.15.13- Frozen, interest only $64,961.95 Subtotal Business Debts $87,197.43 Possible Workman's Comp Audit Claim $10,000.00 Adjusted Business Debts $97,197.43 (e) Husband does not believe he will qualify for a lease for a new residence until he is able to pay down his past due obligations, particularly his past due three (3) credit cards for which he owes a total of approximately $36,000. (f) The parties' marital estate has an estimated value of$508,520, comprised of the following, and pursuant to which Wife would owe Husband $159,632 if she decided to retain the marital home and a 50/50 division were ordered. MICHAEL RICE VS.CYNTHIA RICE DOM:5/21/94 •DOS: 12/31/07 Marital Estate Analysis and Proposed Distribution Schedule # Description Date Net Calculation Net Value Distribute to H Distribute To W 1 37 Stone Run Drive, Mbg A.Value 10.6.10 398,000 Citi Mtg 10.18.13 (76,906) Net Equity 321,094 321,094 321,094 2 1998 Ford F-150-Given Away 0 0 0 3 2007 Ford Focus Value 5.09 7,325 Ford Motor Credit Loan 5.11.09 (8,990) 2007 Ford Focus Net Equity (1,665) (1,665) (1,665) 4 H's PSECU#1108 Savings 1.1.08 29 29 29 5 W's PSECU# 1196 Savings 12.31.07 671 6 W's PSECU#?Savings 12.31.07 431 W's PSECU#?Checking 12.31.07 5 239 W's PSECU#?Total 5,670 5,670 5,670 7 W's Citizen's Bank#3936 4.28.08 57,161 57,161 57,161 Disputed 8 H's J. Hancock#2716 L. Insurance 8.17.09 5,180 5,180 5,180 9 W's SERS Total Value 3.4.13 236,124 Less W's SERS NM Value 3.4.13 (175,912) W's SERS Marital Value 3.4.13 60,212 60,212 60.212 Value Disputed 10 C&M Painting-Ribec Value 12.31.12 118,000 118,000 118,000 Value Disputed Total Assets 565,681 123,209 442,472 ADJUSTMENT FOR 50/50 DIVISION OF NET ESTATE Net Estate From Above 565,681 Amount Owed to Parties for 50/50 Division 282,841 282,840 7 MICHAEL RICE VS.CYNTHIA RICE DOM:5/21/94• DOS: 12/31107 Marital Estate Analysis and Proposed Distribution Schedule # Description Date Net Calculation Net Value Distribute to H Distribute To W Less Net Estate Assigned to Parties From Above (123,209) (442,472) Adjustment 50/50 Division of Net Estate-Cash Due Husband 159,632 (159,632) (g) It is submitted that even if the disputed amounts were modified as claimed by Wife, Wife would still owe Husband $60,006.00 calculated as follows: MICHAEL RICE VS. CYNTHIA RICE DOM: 5/21/94• DOS: 12/31/07, Marital Estate and Proposed Distribution Schedule # Description Date Net Calculation Net Value Distribute to H Distribute To W 1 37 Stone Run Drive, Mbg A. Value 10.6.10 398,000 Citi Mtg 10.18.13 (76,906) Net Equity 321,094 321,094 321,094 2 1998 Ford F-150-Given Away 0 0 0 3 2007 Ford Focus Value 5.09 7,325 Ford Motor Credit Loan 5.11.09 (8,990) 2007 Ford Focus Net Equity (1,665) (1,665) (1,665) 4 H's PSECU#1108 Savings 1.1.08 29 29 29 5 W's PSECU#1196 Savings 12.31.07 671 6 W's PSECU#?Savings 12.31 07 431 W's PSECU#?Checking 12.31.07 5',239. W's PSECU#?Total 5;670 5,670 5,670 7 W's Citizen's Bank#3936 4.28.08 57,161 0 0 Disputed 8 H's J. Hancock#2716 L. Insurance 8.17.09 5,180 5,180 5,180 9 W's SERS Total Value 3.4.13 220,082 Less W's SERS NM Value 3.4.13 (163,961) W's SERS Marital Value 3.4.13 56,121 56,121 56,121 Value Disputed 10 C&M Painting-Brown 12.31.07 12.31.07 256,000 256,000 256,000 Value Disputed Total Assets 642,429 261,209 381,220 ADJUSTMENT FOR 50/50 DIVISION OF NET ESTATE Net Estate From Above 642,429 Amount Owed to Parties for 50/50 Division 321,215 321,214 Less Net Estate Assigned to Parties From Above (261,209) (381,220) Adjustment 50/50 Division of Net Estate-Cash Due Husband 60,006 (60,006) 8 (h) Husband needs this payment before he is able to move and therefore should not be ordered to vacate the marital home before he receives that payment. (i) While a Divorce Master's hearing was held on October 22, 2012,the hearing was not concluded and two (2) more hearing days have been scheduled at the end of February 2014. (j) The 10/7/13 Order is unclear as to who makes the mortgage payments after the refinance. 10. Prior orders in this case have been entered by the Honorable Thomas Placey. 11. Wife and her attorney do not concur in the relief requested in this Cross-Petition. WHEREFORE, Plaintiff requests this Honorable Court to enter an order reconsidering and modifying the 10/7/13 Order as follows: (a) to Stay the "exclusive possession" and "vacating" provisions of the 11/7/13 Order; (b) To eliminate the requirement in the Order granting exclusive possession of the marital residence to the first to refinance; (c) to eliminate the provision of the Order requiring the transferring party to vacate the marital home within 15 days; (d) to permit the transferring party to remain in the marital home after refinance upon payment of 50% of the monthly mortgage payments and until further Order of Court; (e) In the alternative, to require Wife to pay Husband $60,000 as an advancement in equitable distribution before he is required to vacate the marital home. Dated: 10 /2_'aJr') Respectfully submitted, DIANE C. RADCL F, ESQUI • • • dle Road Camp Hill, PA 17011 Telephone: (717) 737-0100 Supreme Court ID #32112 Attorney for Plaintiff, Michael Rice 9 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ` + 0/-z...37 Date: MICHAEL RICE 10 CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on this date I am serving a copy of the foregoing document, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail, Postage Prepaid and Addressed as Follows: Samuel L. Andes, Esquire 525 North Twelfth Street PO Box 168 Lemoyne, PA 17043 (Attorney for Defendant) Dated: `,C) 2S- V A • I ANE G. DCLIFF, ESQUIRE 1 Su 'oat ID #32112 3448 Trindle Road, Camp Hill, PA 17011 Telephone: (717) 737-0100 Attorney for Plaintiff, Michael Rice 11 EXHIBIT "A" OCTOBER 7, 2013 ORDER .i.HE PROTHONoT AR't' 20i3 OCT -7 PM (4: 0 i MICHAEL RICE, �� �,�i��r,�; Plaintiff CUMBERLAND COUNTY 1,441►'u.,. PENNSYLVANIA de � niZt v. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2008-02100 CIVIL TERM CYNTHIA RICE, Defendant IN DIVORCE IN RE: PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 7th day of October 2013, upon review of the 241 pages of this April 2008 Divorce Action, specifically Defendant's 16 April 2013 Petition for Emergency Relief, Defendant's 3 June 2013 Motion For Hearing, Plaintiff's Answers with New Matter, and following a 14 August 2013 hearing on the various matters raised the following Order is entered in advance of the 22 October 2013 Divorce Master's hearing: 1. Plaintiff shall make the monthly mortgage payment on or before the 1st of the month, each and every month that the matter goes unresolved by agreement or Order of Court. Any credit on these payments to Plaintiff from Defendant shall be determined by the Divorce Master. 2. The first party in time who can secure and settle a mortgage loan, sufficient to pay off the existing mortgage on the marital residence may do so and thereby obtain exclusive possession of that property, subject to equitable distribution and an asset preservation requirement. 3. The other party shall timely sign all transfer documents necessary to achieve the above real estate settlement and that transferring party shall vacate the property upon signing the agreement provided fifteen (15) days written notice of settlement was given or within fifteen (15) days of settlement, whichever is soonest. 4. If neither party can secure financing, as demonstrated by a signed qualified mortgage agreement within sixty (60) days of this order and thereafter proceed to final settlement within the time constraints of the mortgage agreement, then the property is to be listed for sale with a licensed realtor, with the listing price to be not less than $347,000.00. 5. The Divorce Master's shall schedule, commence and conclude hearings in the matter at his discretion. The Divorce Master's decision in the matter shall account for the above ordered timely payments, the alternative exclusive possession or sale of the marital residence. No further relief is granted this time. BY TH CORR Thom s . Placey C.P.J. Distribution: iane G. Radcliff, Esq. amuel L. Andes, Esq. Bob Elicker, Esq. - bj L "12 l£__ Divorce Master /4/7/�3 MICHAEL RICE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA • v. NO. 08-2100 • CYNTHIA RICE CIVIL ACTION - LAW --• Defendant " ., C, __.: f � - ' ~, -< ' 1 CD WAIVER OF NOTICE OF INTENTION TO REQUESk; J ENTRY OF A DIVORCE DECREE UNDER ' : �: •SECTION 3301 (c) 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 made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsificatio to authorities. /07/:3 )'5 Dated: MICHAEL-RICE —` a IT PF r`IsrJl�wEl ,} 'm x.1;13 CCU' 29 FN, 14: 4 MICHAEL RICE, PEN S`r' VAtflA Plaintiff IN THE COURT OF COMMON PLEAS V. OF THE NINTH JUDICIAL DISTRICT 2008-02100 CIVIL TERM CYNTHIA RICE, Defendant IN DIVORCE IN RE: PLAINTIFF'S PETITION FOR RECONSIDERATION AND MODIFICATION OF THE ORDER OF COURT DATED OCTOBER 7, 2013 ORDER OF COURT AND NOW, this day of October 2013, upon consideration of the Plaintiff's Petition for Reconsideration and Modification of the Order of Court Dated October 7, 2013, a RULE is issued upon Defendant to show cause the requested relief should not be granted. PLAINTIFF shall effectuate service of this Order of Court upon all interested parties. RULE RETURNABLE twenty (20) days from the date of service. BY THE COURT, Thomas A. Placey C.P.J. Distribution: ✓Diane G. Radcliff, Esq. ,.,- Jamuel L. Andes, Esq. E. Robert Elicker, II, Esq. at ' tties ties fyza l• FILED-OFFICE OF THE PROTHONOTARY 2013 NOV 20 AM 10: En CUMBERLAND COUNTY PENNSYLVANIA MICHAEL RICE, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA ) vs. ) CIVIL ACTION - LAW ) ) NO. 2008-2100 CIVIL TERM CYNTHIA RICE, ) Defendant ) IN DIVORCE NOTICE TO DEFENDANT NAMED HEREIN: YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED ANSWER AND NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Date: ,Ct, A k- Z0( , Sa s e . Andes Attorney for Defendant Supreme Court ID 17225 525 North 12th Street P.O. Box 168 Lemoyne,PA 17043 (717) 761-5361 MICHAEL RICE, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA ) vs. ) CIVIL ACTION - LAW ) ) NO. 2008-2100 CIVIL TERM CYNTHIA RICE, ) Defendant ) IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR RECONSIDERATION AND MODIFICATION AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and makes the following Answer to Plaintiff's Petition for Reconsideration and Modification of this court's order dated 7 October 2013: 1 and 2. Admitted. 3. Denied as stated. The Petition filed by Defendant speaks for itself and it is not necessary to characterize it in these pleadings. 4 and 5. Admitted. 6. Admitted as stated. However, Defendant amended her Petition at the hearing in her attorney's proposal for resolution of the matter as submitted to the court in argument. Moreover, this court is vested with full equity powers and can take whatever action the court deems appropriate or necessary to protect the interest of the parties. 7. Admitted. 8. 9. Denied. Defendant denies that the court should reconsider or modify its order and states specifically as follows: Page 2 of 8 (a) Although it is admitted that neither party's petition included such a request, that request was made by Defendant at the hearing. More to the point, the relief requested by Defendant, and granted by this court, is the only practical solution to the problem the parties face. (b) Denied as stated. First, Defendant states that both parties operated the business until their separation, at which time Plaintiff prevented Defendant from having any further involvement in the operation of the business by locking the door to the room in which the business records were kept. Second, defendant denies that Plaintiff needs office space in the marital residence to conduct a business. The space used by Plaintiff to operate the business is small and can be accommodated easily at another location. (c) Denied as stated. Although Defendant acknowledges that Husband's business revenues have declined in 2013, she states that the reduction in those revenues was a direct result of Husband's mismanagement of the business and failure to supervise his subcontractors. (d) Denied. Defendant acknowledges that Plaintiff has substantial debts but denies that the debts are a result of the reasons set forth in this paragraph. To the contrary, the debts exist because Defendant failed to deposit taxes, prepare and file tax returns, and pay other-debts. At the same time that Defendant was borrowing sums of money which he knew which he knew he could not repay. (e) Denied. Husband has made no attempt to locate other housing. Defendant believes that he can qualify for a lease for space adequate for him to live and from which he can operate the business. (f) Denied. The value of the marital assets in the case is now a matter before the Divorce Master. Husband has produced testimony at the first day of hearing and Defendant is scheduled to produce her testimony and evidence Page 3 of 8 regarding the value of the assets a hearing now scheduled in February. Defendant denies that the assets are valued as Husband claims. Moreover, this court's order did not constitute a final division of the marital assets, which issue is now before the Divorce Master, but only a temporary arrangement which would permit the parties to substantially reduce the monthly obligation owed on the mortgage installment. (g) Denied. The evidence which Defendant has submitted and will submit at the Divorce Master's hearing will demonstrate that the parties' equity in the house is worth no more than the equity they own in the painting business and that, therefore, the martial assets can be divided in such fashion that Wife retains the house and Husband retains the business. (h) Denied. Husband has earned income which consistently exceeded $100,000.00 every year since the parties' separation. There is no basis for his claim that he cannot afford to lease an appropriate place to live on a temporary • basis or that he needs cash from Wife prior to making a move. (i) Admitted. (j) Denied. This court's order provides that one party will refinance the mortgage and take title to the property. It is clear, under those circumstances, that the party borrowing the money secured by the mortgage will be solely obligated to make the mortgage payment. Wife has been approved for a mortgage and, if Husband will cooperate in that refinancing, as required by the order of 7 October 2013, Wife will be able to, and in fact will, make the monthly installment payment on the mortgage and, after Husband vacates the house, will pay the other operating expenses of the home. 10. Admitted. 11. Admitted. Page 4 of 8 WHEREFORE, Defendant Cynthia Rice prays this court to deny Plaintiff's Petition and enforce its order of 7 October 2013. NEW MATTER By way of further Answer, Defendant sets forth the following New Matter: 12. Husband has operated the painting business which is a significant marital asset in this case since the date of the parties' separation. 13. Husband has enjoyed income from that painting business substantially in excess of $100,000.00 per year every year since the parties' separation. 14. The revenue of the painting business has declined as a direct result of Husband's mismanagement. That mismanagement includes: a. Conduct by the business' subcontractors by which the subcontractors cheated the business and the business's customers by demanding and receiving payment for work which the subcontractors did not do. b. Providing subcontractors that did substandard work for the painting business customers. c. Failing to employ and supervise honest and competent subcontractors to satisfy the requirements of the business's obligations to its clients and customers. d. At the time of the parties separation, the value of the painting business was more than $300,000.00, as determined by an appraisal of the business done shortly after separation. e. Any decline in the value of the business since the parties' separation is a direct result of Defendant's mismanagement. 15. The debts listed by Plaintiff in this Petition are all debts that were created by Husband alone after the date of separation. None of those debts are marital obligations. Page 5 of 8 16. Plaintiff/Husband, by his Petition and his conduct, seeks to impose upon Wife the unfortunate consequences of his mismanagement of his business, mismanagement of his personal finances, and inability to control his spending or his finances. 17. Husband has made it clear, by his conduct and by his testimony, that he cannot pay the monthly installment on the mortgage that exists against the property now. 18. By failing to pay the mortgage, Husband jeopardizes the parties' ownership equity in the house and damages their credit. 19. If this court's order of 7 October is not enforced, the parties stand to lose their equity in the house. 20. By implementing and enforcing its order of 7 October 2013, this court will allow Wife to refinance the existing debt against the house, thereby reducing the monthly installment payment by almost one half, and will enable Wife to save the house as a marital asset. 21. The other issues regarding the division of marital property are properly before the Divorce Master and the proceedings before the Master should be permitted to proceed. 22. It is fair, equitable, and necessary that this court implement and enforce its order of 7 October 2013 to preserve the marital residence as a martial asset. WHEREFORE, Plaintiff prays this court to dismiss Defendant's Petition for Reconsideration and Modification of its order of 7 October 2013. Samuel L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 Page 6 of 8 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn falsification to authorities). Date: / (/3 CYNTHI RICE Page 7 of 8 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Date: (t b9/,� Amy /Harkins 1 Secretary for Samuel L. Andes Page 8 of 8 MICHAEL RICE, Plaintiff IN THE COURT OF COMMON PLEAS V. OF THE NINTH JUDICIAL DISTRICT 2008-02100 CIVIL TERM CYNTHIA RICE, Defendant IN DIVORCE IN RE: DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR RECONSIDERATION AND MODIFICATION ORDER OF COURT AND NOW, this day of November 2013, upon thorough consideration of the Defendant's Answer and the Plaintiff's Petition for Reconsideration and Modification of the Order of Court Dated October 7, 2013, Plaintiff's Petition is DENIED. The 7 October 2013 order was clear and remains in full force. Defendant has sixty (60) days from this order to proceed to final settlement and may request a further extension if the actions of Plaintiff further delay Defendant's settlement. Defendant is further ORDERED to timely sign all transfer documents necessary to achieve the real estate settlement and shall vacate the property in accordance with the 7 October 2013 order. BY THE COURT, ASNN3d Thomas . Placey C.P.J. Distribution: ,...;sl''�70 , �f-� kfn, Diane G. Radcliff, Esq. f Samuel L. Andes, Esq. {a E. Robert Elicker, II, Esq. , FILED-OFFICE CF THE PROTHONOTARY 2014 FEB -4 PM 3: 12 CUMBERLAND COUNTY _ PENNSYLVANIA 01.27.2014 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this a day of , 2014,is by and between: MICHAEL A. RICE,hereinafter referred to as "Husband"; and CYNTHIA L. RICE,hereinafter referred to as "Wife." WITNESSETH: WHEREAS,the parties are Husband and Wife having been married on 21 May 1994 and are the parents of one child,Jonathan Rice, now 18 years of age and legally emancipated; 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. 2008-2100 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by Samuel L. Andes,Esquire, and Husband by Diane G. Radcliff, 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 have engaged in extensive litigation, including discovery, hearings,and other proceedings both before the court and before the Cumberland County Divorce Master and, as a result, the parties have exchanged extensive information about their assets, liabilities, incomes, and expenses; 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. Page 1 of 13 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: 1. RESIDENCE. During the marriage the parties acquired the marital residence at 37 Stone Run Drive, Mechanicsburg,Cumberland County, Pennsylvania. The parties recently conveyed that property to Wife's name alone and Wife refinanced the debt against it to obtain Husband's release . from that obligation. To do so, Wife took out a new mortgage loan and that loan is in her name alone. With regard to the marital residence,the parties agree as follows: A. The property will remain in Wife's name alone and will be her sole and separate property, free of any further claim by Husband. B. Husband and Wife will continue to reside in the property until 31 December 2015. Husband will move out of the master bedroom and take the master bedroom furniture for his use in the spare bedroom, which he will occupy. Wife will have the furniture from the spare bedroom to use in the master bedroom, which she will then occupy. Husband will continue to use the office in the residence and each party will keep their bedrooms locked and secure from the other party and Husband will keep the office locked and secure from Wife. Husband will allow entry into the spare bedroom and the office when the rooms are to be cleaned and the windows washed or in the event of an emergency or if maintenance is required to the rooms. With the exception of emergencies, Wife will provide forty-eight (48) hours of advanced notice prior to gaining entrance to the spare bedroom or office. C. During the time they reside together in the residence, Wife will be responsible to pay the mortgage, real estate taxes, home owners insurance, utilities, and other expenses arising out of their occupancy of the property. Husband agrees to be reasonable,fair, and prudent in his occupancy of the house so as to avoid excessive utility and other expenses or charges and not to damage the property or its contents. Page 2 of 13 D. Husband shall vacate the property no later than 31 December 2015, unless the parties mutually agree to a later date, in which event the provisions of sub- paragraph G hereof shall apply. At the time he vacates the property, Wife will pay Husband Sixty Thousand ($60,000.00) Dollars, which said payment shall be treated by both parties as equitable distribution of marital property and shall fully satisfy any and all claims Husband has against any of the assets owned by Wife now or at the time of such payment. If, however, Wife removes or evicts Husband from the property because of his misconduct, as defined herein, she shall not have to make the payment to Husband until 31 December 2015. If Husband voluntarily moves out of the property prior to 31 December 2015, Wife shall be obligated to make the payment of Sixty Thousand ($60,000.00) Dollars on 31 December 2015 and the obligation to make that payment will not accelerate because of Husband's choice to move out of the residence. If, however, Husband moves from the property because of Wife's misconduct, as defined herein, then Wife shall be obligated to make the payment of$60,000.00 to Husband within sixty(60) days of the day he vacates the property. E. During the time that the parties continue to reside in the house,they will treat each other and the property itself with care and respect. Neither party will move into the house any third party not now residing there without the prior consent of the other party. The parties agree that, as of the date of this Agreement,their son Jonathan and Wife's brother reside in the residence and they may continue to do so at Wife's sole election. F. For purposes of this Paragraph, "Husband's misconduct"will be any intentional damage to the residence, any assault upon Wife, any assault upon the parties' son, or any assault upon Wife's brother, or any other serious breach of the terms and provisions of this Agreement by Husband. For purposes of this paragraph, "Wife's misconduct" shall be any assault by Wife upon Husband or the parties son. G. Should Wife fail to make the payment to Husband required by this Paragraph, on 31 December 2015, or such other time as the parties may mutually Page 3 of 13 agree, or prior 31 December 2015, if appropriate under this Paragraph, Wife will promptly list the property for sale with a real estate agent selected by the mutual agreement of Husband and Wife, Wife will accept any offer equal to or greater than the fair market value of the property as established by an appraisal at the time it is listed for sale and, upon the sale of the property, after the payment of all costs of sale and any liens against the property, Husband shall receive $60,000.00 and the balance of the proceeds will be paid to Wife. H. The parties may mutually agree to extend the time for Husband to vacate the residence. Husband may not occupy or continue to reside in the property after 31 December 2015 without the prior consent of Wife. The parties will cooperate with each other to properly and timely implement the terms and provisions of this Paragraph. 2. CONCLUSION OF DIVORCE. The parties shall remain married until December 2015, unless that date is extended in accordance with the provisions of this Paragraph. They shall, within thirty(30) days of the date of this agreement, make, execute, acknowledge and file with the Prothonotary of Cumberland County, the Affidavits of Consent, Waivers of Notice, and other documents as may be required to conclude the divorce. However, neither party shall file the Praecipe to Transmit or the other documents required to conclude the divorce before the end of December 2015, or such other date thereafter as the parties may mutually agree. In any event, the divorce shall not be conduded until such time as Wife has paid Husband the cash payment of$60,000.00 and Husband has vacated the residence, as required by this Agreement, unless the parties mutually agree otherwise. Until the conclusion of the divorce,the parties shall remain married, Wife shall maintain health insurance for Husband as is available through her employment, and the parties will cause the Divorce Master of Cumberland County to vacate his appointment so that the parties can proceed to conclude the divorce without further proceedings before the Master. 3. ASSETS TO BE TRANSFERRED TO OR RETAINED BY HUSBAND. The parties agree that Husband shall be the sole and separate owner of the following assets, whether those assets are now held in joint names or the name of either of the parties individually: Page 4 of 13 A. C& M Painting, a sole proprietorship owned by Husband. B. Husband's 2008 Ford F-150 pick-up truck or the proceeds of its disposition. C. The policy of insurance issued by John Hancock Insurance Company on Husband's life identified as Policy No. FV003222716. '' ) D. Any and all bank accounts or other accounts or assets held in any financial institution previously disclosed in the divorce action pending between the parties. The parties agree that they will make, execute, acknowledge and deliver, within thirty (30) days after the date of this agreement, all documents necessary to transfer such items to Husband's name alone and for Wife to waive any further claim to or interest in such assets and Wife does hereby acknowledge those assets to be the sole and separate property of Husband from and after the date of this agreement. E. to Dodge Challenger motor vehicle currently operated bythe parties' son. 4. ASSETS TO BE TRANSFERRED TO OR RETAINED BY WIFE The parties agree that Wife shall be the sole and separate owner of the following assets, whether those assets are now held in joint names or the name of either of the parties individually: A. Wife's benefits within the Pennsylvania State Employees Retirement System. B. Wife's 2007 Ford Focus automobile or the proceeds of its disposition. C. Any and all bank accounts or other accounts or assets held in any financial institution previously disclosed in the divorce action pending between the parties. The parties agree that they will make, execute, acknowledge and deliver, within thirty (30) days after the date of this agreement, all documents necessary to transfer such items to Wife's name alone and for Husband to waive any further claim to or interest in such assets and Husband does hereby acknowledge those assets to be the sole and separate property of Wife from and after the date of this agreement. 5. PERSONAL PROPERTY. The parties shall divide and distribute the household furnishings in the marital residence as follows: A. The furnishings and other items of tangible personal property which belong to the parties' son Jonathan, including his fishing boat, motor, and trailer, shall remain Page 5 of 13 his. Jonathan shall determine what is done with those items, induding which items he removes from the house and where he takes them or disposes of them. B. Husband shall remove those items of his personal property listed on EXHIBIT A from the residence by 28 February 2014. The parties agree that those items are not marital property and belong to Husband alone. C. At the time Husband vacates the marital residence, or at any time prior to that when the parties mutually agree,they shall divide and distribute the remaining items of household furnishings and tangible personal property. The parties will cooperate with each other to complete the division and distribution in a prompt and fair fashion. In the event that they cannot so agree, either party may petition the court of Common Pleas of Cumberland County to conduct hearings or other actions as may be necessary to divide and distribute the marital portion of those household furnishings in a fair and equitable way. Until such time as the parties divide the household furnishings pursuant to this Paragraph, neither party shall remove those furnishings, or any of them,from the residence without the prior consent of the other party. After the division and distribution of the items in accordance with this Agreement, each of the parties shall be the sole and separate owner of all items of tangible personal property in their possession after such division or distribution,whether said property was previously owned jointly or individually by the parties. 6 . DEBTS. The parties represent to each other that, with the payment of the mortgage against the marital residence, all of the debts which they or either of them owed at the time of their separation in April of 2008 have been paid and satisfied. The parties further acknowledge that each of them has incurred or created debts since their separation and that Husband has incurred substantial debts as a result of his operation of the business and his use of both business and personal credit cards and other borrowings. The parties acknowledge that they have disclosed those debts to each other during the course of the divorce action and the hearings held in that action. Being aware of those debts, each of the parties does hereby agree to assume, pay, and satisfy, in accordance with Page 6 of 13 their terms,the debts that each of them owe and,further, to indemnify and save the other party harmless from any loss, cost, or expense caused to the other party by their failure to pay and satisfy those obligations in strict accordance with their terms. 7. UTILITY ACCOUNTS. The parties will transfer the utility accounts for the marital residence to Wife's name alone by 31 December 2013. Husband shall be responsible for the balance owed on those accounts on the date they are transferred and shall pay those balances to the utility companies promptly. 8. WAIVER OF FURTHER 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 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 then the express provisions of this Agreement dealing with marital assets and obligations, 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. 9. WAIVER OF ALIMONY, SPOUSAL 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 Page 7 of 13 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 and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 10. WAIVER OF ATTORNEYS FEES AND COSTS. The parties acknowledge that, during the divorce action between them, each of them have incurred substantial attorneys fees, expert witness fees, appraisal fees, and other fees and expenses. Each of the parties agrees that they shall pay themselves any and all of those fees incurred on their behalf and shall not request, demand, or seek contribution from the other party for those expenses. 11. 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 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. 12. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction,to share in the property or the estate of the other as a result of the marital relationship, including, without limitation,the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, Page 8 of 13 right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 13. WAIVER OF FURTHER PROCEEDINGS BEFORE COURT. The parties hereby represent that they have agreed to the foregoing division or distribution of property in an effort to resolve all disputes relating to their marital property and obligations and to make an equitable distribution of their marital property as contemplated by the Divorce Code of Pennsylvania. The parties acknowledge that they have the right to ask a court of appropriate jurisdiction to make equitable distribution of their marital property and to engage in formal litigation to have the court do so. Because of the division or distribution of marital property to which they have agreed, as provided for in this Property Settlement Agreement, and knowing their rights to have the court equitably distribute or divide their marital property following litigation by the parties, the parties hereto do hereby waive and release any right to have the court make such equitable distribution or for them to litigate any claims relating to equitable distribution in the divorce action contemplated by the parties. 14. 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. Further, each of the parties shall pay, in accordance with their terms, any debt now existing in their name alone and any debt which they have agreed, elsewhere in this Agreement, to assume and be responsible to pay, and each of the parties shall indemnify and save the other harmless from any loss, cost,or expense caused to the other party by their failure to pay such debts in accordance with their terms. Page 9 of 13 15. DISCLOSURE. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed such information, as well as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and of any divorce action which has or may be filed between the parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and voluntarily decide not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owned by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights,the parties expressly waive the right to further disclosu re or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations. Being so aware and satisfied,the parties mutually accept the terms and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their marital status or the divorce action now pending or to be filed between them. 16. BREACH. In the event that any of the provisions of this agreement are breached or violated by either of the parties,the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this agreement,the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other partyto enforce their rights hereunder. 17. RELEASE. Each party does hereby waive, relinquish, and release any claim they have against the other for bank accounts, stocks, bonds, and other and similar investment assets which are now owned by or in possession of the other, regardless of whether such assets were owned by the parties jointly or separately prior to the date of this agreement. Each party hereto does hereby waive Page 10 of 13 and release any claim they may have under the laws of the Commonwealth of Pennsylvania for the equitable distribution or the other division of such assets or any claim to them as marital property. 18. 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. 19. 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. 20. 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 have set their hands and seals the day and year first above written. c:tn- MIC AEL A. RICE NUJ` 00/E C-Witteis CYNTHIA L. RICE Page 11 of 13 EXHIBIT A Items of household furnishings to be removed from residence by Michael A. Rice, by 28 February 2014, in accordance with Paragraph 5 B:B 1. Jukebox 2. Pacman arcade 3. Dartboard arcade 4. Large bar 5. (2) shelving units 6. Paint supplies 7. Ladders 8. (2) bikes 9. Coffee tables 10. End tables 11. Wooden bench 12. Bar table 13. Several large or small plants 14. Miscellaneous pictures 15. Sofa tables 16. Miscellaneous boxes in Master Bedroom Page 13 of 13 COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUMBERLAND ) flazOn this, the day oi , 2014,before me, the undersigned officer, personally appe cd MICHAEL A. RICE known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Deborah L.Donley,Notary Public Camp Hill Boro,Cumberland County My Commission Expires Sept.23,2015 MEMBER,PENNSYLVANIA ASSOCATION OF NOTARMS COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUMBERLAND ) On this,thet2 day of 1 , 2014,before me, the undersigned officer, personally appea r. CYNTHIA L. ICE known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 141711-Y My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Deborah L.Donley,Notary Public Camp Hill Boro,Cumberland County My Commission Expires Sept.23,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES Page 12 of 13 MICHAEL RICE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA • v. NO: 08 - 2100 CIVIL CYNTHIA RICE, . Defendant IN DIVORCE ORDER OF COURT AND NOW, this 'JAW day of Z2: /,L/� , 2014, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated January 28, 2014, 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, Kevi . Hess, P.J. cc: ✓ Diane G. Radcliff At rney for Plaintiff Samuel L. Andes Attorney for Defendant . (7) r.., : COF l CS t[EL -.0 Z .:EZ „' Q2/4/PLI vs r'-' -LI ! rR; l. -fi zQ 4r n c� cp c- --t --- ;... MICHAEL RICE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2100 CYNTHIA RICE CIVIL ACTION - LAW Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 8, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. 1 verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 02/> 5// Al CYNTHIA RICE M IT- f'I 1 f 1 t:l w-•• -<>y YCn f )> CD i MICHAEL RICE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2100 CYNTHIA RICE CIVIL ACTION - LAW Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3 F THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 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 made subject to the .penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Dated: � &t w--q� y e t ia CYNTHIA IUCE rn r �=j : h h,, Mr -7 PH ill 7,1,NBERLAND eN PENNSYLVANIA MICHAEL RICE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. ▪ NO. 08-2100 • • CYNTHIA RICE • CIVIL ACTION - LAW • Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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 made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: -:_jy MICHAEL RICE/