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HomeMy WebLinkAbout01-3675 / 7 4"1J ~ ~wPJ"l/, FiJ .(7E / J.-rv.HJ(' Jr" /-"/ V - C7J""?? y7I"r-U;1? p,? [}J f17E'I II MICHAEL P. RADICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-3675 LESLIE A. RADICH, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the Complaint: Acceptance of Service filed by Plaintiff's counsel indicatinq service on or about 2 July 2001. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: 2 January 2003 By Defendant: 24 December 2002 (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: None. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 2 January 2003, filed contemporaneously herewith. Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 24 December 2003, filed contemporaneously herewith. Date: 2..~ \)~--J~I 2-0:> ..=, B~ a uel L des Attorney for Plaintiff ~ (') 0 ~ C 0J ?' c- ""OW :C3# ''\;"'.. [TInt ;:.~ :--, :z: :11 N - -7[" ,~'.-, ~ J3:'-~ w ........: .. , ~C) ..' () -0 "1- _._~- : ?Zc ~ ..~ C) .=(, ~ ~;::--; t'f~ -PC ~ Z 0;t 55 ~ a:> =< MICHAEL P. RADICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 3675 CIVIL LESLIE A. RADICH, Defendant IN DIVORCE ORDER OF COURT AND NOW, this /i~ day OfU41~ ' the procetlingS having 2003, the economic claims raised in been resolved in accordance with a property settlement agreement dated December 24, 2002, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Geo cc: ~amuel L. Andes Attorney for Plaintiff "/P. Richard Wagner Attorney for Defendant >t~t OJ -14-0.3 ,./ i vv' cJ L h ' Z h J v~ 'i: 0 ),..t, (-'n 1\ 'I I' L i ,j-. I ! i i l I I I, I I 1 PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 24 day of ~e-1~ , 2002, is by and between: MICHAEL P. RADICH of 6 Pamela Place in Mechanicsburg, Pennsylvania, hereinafter referred to as "Husband"; and lESlIE ANN RADICH of 1137 Franklin Street in Carlisle, Pennsylvania, hereinafter referred to as "Wife." W!TNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on 17 January 1980 and are the parents of two children, both of whom are now adults: Amy R. Radich, born 25 May 1982, and Kristen L. Radich, born 8 December 1983 (hereinafter referred to as "children"); and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Husband has initiated an action in divorce filed to No. 01-3675 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by P. Richard Wagner, Esquire, and Husband by Samuel L. Andes, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: Page 1 of 7 1\,' p II I I' . 1 . PAYMENT TO KRISTEN. The parties acknowledge that Husband has, as of the date of the execution of this Agreement, paid and delivered to Kristen the sum of One Thousand ($1,000.00) Dollars. Further, the parties agree that Husband will pay and deliver to Kristen the additional sum of Two Thousand ($2,000.00) Dollars, upon execution of this Agreement. These payments are intended to assist Kristen in paying her personal expenses, including the down payment for the purchase of a motor vehicle to be selected by Kristen. 2. CASH PAYMENT TO WIFE. Husband shall pay to Wife, as part of the equitable distribution of the marital assets of the parties, the sum of Twenty Thousand ($20,000.00) Dollars. Such payment shall be made to Wife on or before the first day of January 2003. 3. REAL ESTATE. Wife shall convey to Husband, by Special Warranty Deed, the property owned jointly by the parties at 6 Pamela Place in Mechanicsburg, Cumberland County, Pennsylvania, subject to the mortgage which encumbers the property. Wife shall deliver such Deed to Husband or his designee contemporaneously with the payment of Twenty Thousand ($20,000.00) Dollars made to Wife pursuant to Paragraph 2 hereof and, with the delivery of such Deed, Wife shall have no further interest in or claim to the property. Husband shall pay, in accordance with its terms, the debt secured by the mortgage against the property together with any and all expenses, charges, and assessments arising out of his ownership or occupancy of the property from the date of this agreement forward and shall further indemnify Wife and save her harmless from any loss, cost, or expense caused to her by his failure to make such payments in a timely and proper fashion. 4. RETIREMENT ASSETS. The parties acknowledge that Husband, as a result of his employment by the federal government, has a retirement or pension benefit and an account within the thrift savings plan for federal employees. The parties acknowledge that, as a result of her employment during the marriage by Dickinson College and other employers, Wife has a retirement account with TIAA CREF. Each of the parties does hereby waive, release, and relinquish any claim to or interest in the pension, retirement account, or other retirement benefits held by or for the benefit of the other and does confirm those assets to the sole and separate property of the other party free of any further claim from them. Page 2 of 7 5. MOTOR VEHICLES. The parties agree that they will divide, distribute, and otherwise dispose of the motor vehicles owned by them, and any debt associated with those vehicles, as follows: A. Husband shall transfer to Wife's name alone the 1996 Chevrolet Lumina automobile currently held in both names. B. Wife will waive any claim to or interest in Husband's 1996 Honda van. I I I I I II C. The parties will transfer to their daughter Amy the 1980 Volvo 240 automobile which she uses. D. The parties will transfer title of the 1981 Volkswagon Jetta automobile formerly used by Kristen to Kristen so that she may dispose of such vehicle and remove it from the marital residence within thirty (30) days of the date of this Agreement. The parties shall make, execute, acknowledge and deliver motor vehicle titles and other documents as may be necessary to transfer the titles to the above vehicles in accordance with this paragraph. Each of the parties will pay, in accordance with their terms, any debt which encumbers the title to the vehicle they are receiving and shall indemnify the other against any claim, loss, or expense caused to them by their failure to do so. 6. PERSONAL PROPERTY. Wife shall transfer to Husband the 357 Magnum Pistol which is registered in her name and that will be the sole and separate property of Husband hereafter. Wife shall have, from the marital residence, those items of personal property listed on Schedule A which is attached hereto and the parties daughter Kristen will pick them up from the residence and deliver them to Wife within thirty (301 days of the date of this Agreement. Otherwise, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. Page 3 of 7 7. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 8. WAIVER OF ALIMONY, SUPPORT AND ALIMONY PENDENTE LITE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and I the benefits and properties passed to them hereunder in lieu of any and all further rights I to support or alimony for them self, counsel fees, and alimony pendente lite at this time I and during any and all further or future actions of divorce brought by either of the parties I hereto and the parties do hereby remise, release, quit claim, and relinquish forever any t I and all right to support, alimony, alimony pendente lite, counsel fees and expenses I I beyond those provided for herein, during the pendency of or as a result of any such I I actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, 11,:,. at this time and at any time in the future. I 9. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights ; in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Page 4 of 7 II . ;1 I' II f![ Ii ~, i I Husband, and each of the parties hereto by these presents for himself or herself, his or I her heirs, executors, administrators, or assigns, does remise, release, quit claim, and I forever discharge the other party hereto, his or her heirs, executors, administrators, or I assigns, or any of them, of any and all claims, demands, damages, actions, causes of ! action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 10. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 11. NO INTERFERENCE. The parties both agree that neither of them shall contact, come to the home or residence of, come to the place of employment of, or otherwise attempt any unwanted contact with the other party at any time after the date of this agreement. In the event that the parties wish to communicate, they will do so in writing, bye-mail or by telephone and will not have any personal, face-to-face contact, or attempt to have any such contact, without the prior consent of the other party. 12. CONCLUSION OF DIVORCE. The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action in divorce which has been filed or will be filed shortly by one of the parties hereto. Both of the parties hereto agree that they shall, contemporaneously with the execution of this agreement, execute and deliver to Husband's attorney an Affidavit of Consent under Section 3301 (c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of Page 5 of 7 I I I II I - * S-tl"-'C..L ~, I ( Qt^M-Ic'V/i.<L to p"GJ eJ.o. hec~ _ i / /I, " I "-- L_,J-.itic'L ~2.1 'bTel'-i, /4> (~,'\ / /1-'1"'> r(;~" ~ t.oVf2V~<2 '\Vl D/\~ 'h~' " , c\'. "LC L' I ,,,,I ~v ~~ s. ~u ,<~{>J; . truL. \ C '-\ t'S> c:...~' ,:>0 ~ further notice for the entry of such decree. Both parties agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they may have under the Divorce Code of the Commonwealth of Pennsylvania, including, but not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like. 13. RELEASE. The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this ,agreement, which shall survive the date of this agreement until such obligations are fully performed. 14. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 1 5. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 16. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto hay set their hands and seals the day !1fR.. .~ and year first above written. ././?1'/J //J //J /~/ i1;lt,LA ;:~ I/~ rCw-;2~cL ~ ANN RAD. Page 6 of 7 I, i: l! i \ I II \ I; '1 If I I'i .. . ~ ~ SCHEDULE A 1. Intelefax 1270 Computer with Inkjet Printer 540, Super VGA Color Monitor, Keyboard Carrel, CPU, and Scanner. 2. Seal a meal food machine. 3. Bread making machine. 4. Light colored computer table. 5. Cuisinart food processor and all attachments. 6. Rolling Green Cemetery burial rights certificate. 7. The baby album. 8. High school records and related material. 9. Wizard of Oz books. 10. Miscellaneous photos and pictures. 11. Plastic clothing hangers and plastic boxes. Page 7 of 7 II MICHAEL P. RADICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA vs. CIVIL ACTION - LAW LESLIE A. RADICH, Defendant NO. ()/- (3Co 75'c~ vc' I ~ IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 II MICHAEL P. RADICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. D (-3(., 7S-' LESLIE A. RADICH, Defendant IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. II MICHAEL P. RADICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW /' NO.6/-3fo7) LESLIE A. RADICH, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, MICHAEL P. RADICH, by his attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is MICHAEL P. RADICH, an adult individual who currently resides at 6 Pamela Place in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is LESLIE A. RADICH, an adult individual who currently resides at 1137 Franklin Street in Carlisle, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 17 January 1980 in Hampden Township, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. II I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 2- ,'1 ~c.\r, ~\:) I /~~hIVg~~) MICHAEL P. RADICH ~~ a uel L. An es Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 MICHAEL P. RADICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-3675 LESLIE A. RADICH, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 14 June 2001 and served upon the Defendant on or about 1 July 2001 . 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. fJ::;u~ ~/ ~M,3 ate /JJtV12I;LL:/ MICHAEL P. RADICH C) c: ~.:;': (x.) II MICHAEL P. RADICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-3675 LESLIE A. RADICH, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 14 June 2001 and served upon the Defendant on or about 1 July 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 21 J)R C$~ 2 (}() Z. Date LIE A. RAQ!9 o ~ \A ; ,..--., ( ;) --- ~ o 00 ~ 3 MICHAEL P. RADICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-3675 LESLIE A. RADICH, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~tvWCUCf ~, ~tJl)j Da e ~~ MICHAEL P. RADICH C-:-'l 0 & ~ ;s -r- "'- " r I '>t.... -, ( ;:) N 0 CP ~ " MICHAEL P. RADICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-3675 LESLIE A. RADICH, Defendant IN DIVORCE WAIVER OF NOTICE OF INT~NTION 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 21 M~~A.. 2bYJ;( Date o vi ~ :> -F ,--.', , ._,-".' N n-, o -::0 ~ ) II e e MICHAEL P. RADICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-3675 LESLIE A. RADICH, Defendant IN DIVORCE ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE I hereby enter my appearance for the Defendant, Leslie A. Radich, in the above-captioned action. I acknowledge receipt of a true and correct copy of the Complaint in Divorce filed in the above action on behalf of the Defendant. Date: 1~/()/ Lp.RtCh;-~~~a er -/ /~ttorney efendant 3 / me Court ID # d3/IJ '.---' ~- 0- ,..... ~ <:.::>f" ,.... ,..... ~ I.l' 1,/\ ""0 "5 II MICHAEL P. RADICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-3675 LESLIE A. RADICH, Defendant IN DIVORCE ORDER OF COURT AND NOW this ~ day of -M 2>> ~ ' 2003, upon consideration of the attached Petition, a Rule is hereby issued upon the Defendant, to show cause, if any she has, why the relief requested therein shall not be granted. The Rule shall be returnable 2..0 days from the date of service. BY THE COURT. DISTRIBUTION: J. Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12th Street, Lemoyne, PA 17043 ,/fl~L4. 3 ) ,'). OJ _C-b~J :~j~,--, P. Richard Wagner, Esquire (Attorney for Defendant) 2233 North Front Street, Harrisburg, PA 17110 . ~ t ,,) . I i ,,, ,-... , , 'J , J II MICHAEL P. RADICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-3675 LESLIE A. RADICH, Defendant IN DIVORCE PETITION AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and petitions the court to enforce certain provisions of the parties' Property Settlement Agreement, based upon the following: 1. The Petitioner herein is the Plaintiff, Michael P. Radich, who resides at 6 Pamela Place in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Respondent herein is the Defendant, Leslie Ann Radich, who resides at 1137 Franklin Street in Carlisle, Cumberland County, Pennsylvania. 3. The parties signed a Property Settlement Agreement on 24 December 2002, a copy of which said Agreement is attached hereto and marked as Exhibit A. 4. Pursuant to Paragraph 5 of the said Agreement, Defendant is required to make, execute, acknowledge, and deliver the documents necessary to transfer a 1 996 Chevrolet Lumina automobile to her name and the title to a 1980 Volvo 240 automobile into the name of the parties' daughter, Amy Radich. 5. Defendant has breached the Agreement in that she has failed to make, execute, acknowledge, and deliver the documents necessary to transfer the title of the said vehicles in accordance with the said Agreement. Defendant has further failed to retrieve the vehicles from Plaintiff's property, despite repeated requests and demands by Plaintiff. 6. Plaintiff has well and truly performed all of his obligations under the Agreement and is entitled to have the Defendant perform her obligations. 7. Defendant has breached the Agreement as described above and her breach of the agreement has caused Plaintiff, and continues to cause Plaintiff, significant financial loss, inconvenience, and other problems. II 8. Defendant's violation of the Agreement between the parties has caused Plaintiff to incur unnecessary legal fees and expenses to enforce his rights and to have these vehicles removed from his name and his possession. WHEREFORE, Plaintiff prays this court to order and compel Defendant to prepare, execute, acknowledge, and process the documents necessary to transfer title to the vehicles to herself and her daughter and to remove the said vehicles from Plaintiff's home and to award Plaintiff the reasonable attorneys fees incurred by him to enforce this provision of the Agreement between the parties. ~ft.~~ Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 II VERI FICA TION I verify that the statements made in this Petition are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 3/11./O~~ 1JtL7 '12 J // ( ;;; ,./, , > ,,/' i U ,;:J ~&~L:d MICHAEL P. RADICH II CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Petition upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: Date: rJ ~ March 2003 P. Richard Wagner, Esquire 2233 North Front Street Hershey, PA 17110 ~ \n), U-IrulLJ1& Amy M. arkins Secretary for Samuel L. Andes }I . I PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 24 day of ~~~ ,2002, is by and between: MICHAEL P. RADICH of 6 Pamela Place in Mechanicsburg, Pennsylvania, hereinafter referred to as "Husband"; and LESLIE ANN RADICH of 1137 Franklin Street in Carlisle, Pennsylvania, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on 17 January 1980 and are the parents of two children, both of whom are now adults: Amy R. Radich, born 25 May 1982, and Kristen L. Radich, born 8 December 1983 (hereinafter referred to as "children"); and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Husband has initiated an action in divorce filed to No. 01-3675 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by P. Richard Wagner, Esquire, and Husband by Samuel L. Andes, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for the liabililies they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: Page 1 of 7 Exhibit It II I 1 . PAYMENT TO KRISTEN. The parties acknowledge that Husband has, as of the date of the execution of this Agreement, paid and delivered to Kristen the sum of One Thousand ($1,000.00) Dollars. Further, the parties agree that Husband will pay and deliver to Kristen the additional sum of Two Thousand ($2,000.00) Dollars, upon execution of this Agreement. These payments are intended to assist Kristen in paying her personal expenses, including the down payment for the purchase of a motor vehicle to be selected by Kristen. 2. CASH PAYMENT TO WIFE. Husband shall pay to Wife, as part of the equitable distribution of the marital assets of the parties, the sum of Twenty Thousand ($20,000.00) Dollars. Such payment shall be made to Wife on or before the first day of January 2003. 3. REAL ESTATE. Wife shall convey to Husband, by Special Warranty Deed, the property owned jointly by the parties at 6 Pamela Place in Mechanicsburg, Cumberland County, Pennsylvania, subject to the mortgage which encumbers the property. Wife shall deliver such Deed to Husband or his designee contemporaneously with the payment of Twenty Thousand ($20,000.00) Dollars made to Wife pursuant to Paragraph 2 hereof and, with the delivery of such Deed, Wife shall have no further interest in or claim to the property. Husband shall pay, in accordance with its terms, the debt secured by the mortgage against the property together with any and all expenses, charges, and assessments arising out of his ownership or occupancy of the property from the date of this agreement forward and shall further indemnify Wife and save her harmless from any loss, cost, or expense caused to her by his failure to make such payments in a timely and proper fashion. 4. RETIREMENT ASSETS. The parties acknowledge that Husband, as a result of his employment by the federal government, has a retirement or pension benefit and an account within the thrift savings plan for federal employees. The parties acknowledge that, as a result of her employment during the marriage by Dickinson College and other employers, Wife has a retirement account with TIAA CREF. Each of the parties does hereby waive, release, and relinquish any claim to or interest in the pension, retirement account, or other retirement benefits held by or for the benefit of the other and does confirm those assets to the sole and separate property of the other party free of any further claim from them. Page 2 of 7 II.... JI I i I I 5. MOTOR VEHICLES. The parties agree that they will divide, distribute, and otherwise dispose of the motor vehicles owned by them, and any debt associated with those vehicles, as follows: A. Husband shall transfer to Wife's name alone the 1996 Chevrolet Lumina automobile currently held in both names. B. Wife will waive any claim to or interest in Husband's 1996 Honda van. C. The parties will transfer to their daughter Amy the 1980 Volvo 240 automobile which she uses. D. The parties will transfer title of the 1981 Volkswagon Jetta automobile formerly used by Kristen to Kristen so that she may dispose of such vehicle and remove it from the marital residence within thirty (30) days of the date of this Agreement. The parties shall make, execute, acknowledge and deliver motor vehicle titles and other documents as may be necessary to transfer the titles to the above vehicles in accordance with this paragraph. Each of the parties will pay, in accordance with their terms, any debt which encumbers the title to the vehicle they are receiving and shall indemnify the other against any claim, loss, or expense caused to them by their failure to do so. 6. PERSONAL PROPERTY. Wife shall transfer to Husband the 357 Magnum Pistol which is registered in her name and that will be the sole and separate property of Husband hereafter. Wife shall have, from the marital residence, those items of personal property listed on Schedule A which is attached hereto and the parties daughter Kristen will pick them up from the residence and deliver them to Wife within thirty (30) days of the date of this Agreement. Otherwise, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. Page 3 of 7 I. i I i I I I I 7. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each , I of them have had a full and ample opportunity to consult with counsel of their choice I regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 8. WAIVER OF ALIMONY, SUPPORT AND ALIMONY PENDENTE LITE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any 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. 9. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Page 4 of 7 1 n . t I . . Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 10. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 11. NO INTERFERENCE. The parties both agree that neither of them shall contact, come to the home or residence of, come to the place of employment of, or otherwise attempt any unwanted contact with the other party at any time after the date of this agreement. In the event that the parties wish to communicate, they will do so in writing, bye-mail or by telephone and will not have any personal, face-to-face contact, or attempt to have any such contact, without the prior consent of the other party. 12. CONCLUSION OF DIVORCE. The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action in divorce which has been filed or will be filed shortly by one of the parties hereto. Both of the parties hereto agree that they shall, contemporaneously with the execution of this agreement, execute and deliver to Husband's attorney an Affidavit of Consent under Section 3301 (c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of Page 5 of 7 . .. )1 -X. hf{'\.~~ ~til (l6MfvvluL',to ty6vt.h h~~_ . l1fR. [ C -., (~L,_\("n:-\L=K;2lsTe./"-J.. /4> {Vt~..\\\ /4-'3,. f.t\~_,. ~ I oue>. \(Ltl 'C '\Vl D/p-^:~ 'h Q~ . J . I . C"./ j ,-:; l..1 "",I ~v 0.~S ~u,<'(e.:~ . fi)i)LIC \ I l'S G~~~' ~ LL:: '-J ~ If ! further notice for the entry of such decree. Both parties agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they may have under the Divorce Code of the Commonwealth of Pennsylvania, including, but not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like. 13. RELEASE. The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this ,agreement, which shall survive the date of this agreement until such obligations are fully performed. 14. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 1 5. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 16. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto hav set their hands and seals the day and year first above written. / ~,lj/k]JjJJy-W ---;-MICHAEL P. RADICH I . . , /' ( pJh) L. adirL Page 6 of 7 jl.... I' t i I I SCHEDULE A 1. Intelefax 1270 Computer with Inkjet Printer 540, Super VGA Color Monitor, Keyboard Carrel, CPU, and Scanner. 2. Seal a meal food machine. 3. Bread making machine. 4. Light colored computer table. 5. Cuisinart food processor and all attachments. 6. Rolling Green Cemetery burial rights certificate. 7. The baby album. 8. High school records and related material. 9. Wizard of Oz books. 10. Miscellaneous photos and pictures. 11. Plastic clothing hangers and plastic boxes. Page 7 of 7 0, 'i.f'J ~ .... f\ ::r . - . :l\ ~., r- Go ct ). ~ .f~ -". ~ ..-::: <X) " MICHAEL P. RADICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-3675 LESLIE A. RADICH, Defendant IN DIVORCE PRAECIPE o THE PROTHONOTARY: Please withdraw all of the economic claims previously filed in this matter by the laintiff, Michael P. Radich, specifically including the Petition for Exclusive Possession of the arital Residence. ate: 3 January 2003 ------------- -- (") c c v~' ~~ ,- "'0 oj ~~ mil. :;:::~ Z:::r: N zc (..- , C/'>. ~: ::':\~~? --<.~: t;2C: -c ~o ~ ~~.,., ,,;, ,'-t'1 __C) r:-? (j' :P"C :;...-4 -:>" v) ,~ :2. CP :.<. . · MICHAEL P. RADICH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION LAW VS. NO. 01 - 3675 CIVIL 19 LESLIE A. RADICH IN DIVORCE Defendant STATUS SHEET DATE: ---,.". . /'" "'1/ 'i.,AJ-_-t"",,... I- k J'" '-, l(('i(~z~_, ,- ~~ ( <i' (7..A" '- I(?:.{/) 'l ~'f' . tA~tJj'(JJ" .<'dJf^~~ , ".A"",." ",,-,:1- ,,' "', "..',(,.""....(".".1.,,,-".. ~ ;f'~ t;;..) ~~9- " le p~~~ rYlttt~. pfr. J1~ Wi p~ ~ 1 \11 ~)d,'Y) $to (~\\~~ \ fft. J7{).J~ J MICHAEL P. RADICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 3675 CIVIL LESLIE A. RADICH, Defendant IN DIVORCE TO: Samuel L. Andes Attorney for Plaintiff P. Richard Wagner Attorney for Defendant DATE: Wednesday, September 4, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that 1S not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. , . (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761'5361 2 January 2003 FAX (717) 761-1435 E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Michael P. Radich vs. Leslie A. Radich No. 01-3675 Civil Term Dear Mr. Elicker: You were appointed Master in the above matter sometime ago. You conducted at least one hearing and then the parties got into some negotiations which have finally be successful. Enclosed is a copy of a Property Settlement Agreement that the parties signed in December. In light of that, I request that you file the documents necessary to have your appointment vacated so we can conclude the divorce. If you have any questions or need anything further, please contact myself or P. Richard Wagner, Esquire. Sincerely, &:des amh cc: P. Richard Wagner, Esquire Michael P. Radich ( OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci Jo Colyer Office Manager/Reporter West Shore 697-0371 Ext. 6535 October 7, 2002 Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne,PA 17043 P. Ricahrd Wagner, Esquire MANCKE, WAGNER & TULLY 2233 North Twelfth Street Harrisburg, PA 17110 RE: Michael P. Radich vs. Leslie A. Radich No. 01 - 3675 Civil In Divorce Dear Mr. Andes and Mr. Wagner: I am writing in response to Mr. Andes' letter of October 4,2002, requesting a directive for pretrial memos. Before issuing a directive, I need to know if the parties want to continue with the separation date hearing which began on February 14, 2002. Also, Mr. Wagner indicated that his client would file an affidavit of consent. No affidavit of consent has been filed by wife. Following the hearing on February 14, 2002, I noted by correspondence that no economic claims had been raised. On June 2, 2002, Mr. Andes raised the economic claims of equitable distribution and counsel fees and expenses. Counsel need to advise if discovery is complete. I know that there is an issue with regard to the salability of a house where husband is residing. I would expect that counsel should exchange a list of witnesses they intend to call for a hearing and then we can determine if counsel, after review of the witness list, need to engage in further discovery. I am not aware of any appraisals or valuations that have been compiled and obviously there is no point in pursuing this matter until all of the economic data has been developed and exchanged. ( Mr. Andes and Mr. Wagner, Attorneys at Law 7 October 2002 Page 2 Counsel do not need a directive for pretrial statements in order to do that exchange and complete discovery, since counsel know the issues. Upon hearing from counsel in regard to the matters raised herein, I will decide how I want to proceed. Very truly yours, E. Robert Elicker, II Divorce Master Commonwealth of Pennsylvania County of Cumberland, ss: MICHAEL P. RADICH, Plaintiff In the Court of Common Pleas of Cumberland County, Pennsylvania vs. No. 01-3675 Civil LESLIE A. RADICH, Defendant In Divorce Motion for Appointment of Master Michael P. Radich, Plaintiff moves the court to appoint a Master with respect to the following claims: (XX) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite (XX) Distribution of Property ( ) Support (XX) Counsel Fees (XX) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action personally by her attorney, P. Richard Wagner, Esquire. 3. The statutory ground(s) for divorce are: Divorce, Distribution of Property, Counsel Fees and Costs and Expenses. 4. Check the applicable paragraph(s). ( ) The action is not contested. ( ) An agreement has been reached with respect to the following claims: ()< ) The action is contested with respect to the following claims: pY \ ~<:e:rt ~ JXd2. . 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the motion: Da~ \/uAi ~~ s~-D11- Attorney for Plaintiff AND NOW, is appointed Master wi. 2002, 'i:'/b--tt...tJ Chd~ respect to the following claims: Divorce , Esquire, f.J. SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P.O, BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761,5361 4 October 2002 FAX (717) 761-1435 E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Michael P. Radich vs. Leslie A. Radich No. 01-3675 Civil Term Dear Mr. Elicker: The above parties were before you several months ago on my client's attempt to conclude a divorce. At that time both parties expressed a willingness to file Affidavits of Consent and, because no economic claims were pending, you vacated your appointment. Unfortunately, Mrs. Radich has not signed and filed the Affidavit of Consent and, therefore, it will be necessary for us to proceed under 3301 (d) of the Divorce Code. I filed a Petition for Economic Relief several months ago and, at that time, filed a Motion to have you appointed to hear those claims as well. You were appointed but, as yet, have not scheduled a pre-hearing conference. I write to request that you set a date for the parties to file pre-trial memos and then schedule a pre-trial conference. By the time that is done, the two year period of separation, even under the dates suggested by Mrs. Radich, will have passed and the matter will be ripe for you to hear and decide. Thank you for your attention to this matter. Sincerely, &es amh cc: P. Richard Wagner, Esquire Michael P. Radich OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci Jo Colyer Office Manager/Reporter West Shore 697-0371 ExL 6535 February 19, 2002 Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, P A 17043 P. Richard Wagner, Esquire MANCKE, WAGNER, HERSHEY & TULL Y 2233 North Front Street Harrisburg, PA 17011 RE: Michael P. Radich vs. Leslie A. Radich No. 01 - 3675 Civil In Divorce Dear Mr. Andes and Mr. Wagner: I am going to address the issues, which arose at the hearing on Thursday, February 14,2002, and also some new issues which I have determined need to be addressed after a more thorough review of the file. A hearing notice dated October 24, 2001, was sent to counsel and the parties scheduling a hearing for January 29, 2002. The hearing notice specifically advised that there was to be an exchange of witness lists thirty (30) days prior to the hearing. Counsel appeared here on January 29,2002, but were unable to go forward with the hearing because of a scheduling conflict that Mr. Wagner had with regard to a district justice hearing later in the morning. Another hearing date was set for February 14,2002. Even though the new notice did not make reference to an exchange of witness lists, nevertheless, those lists should have been exchanged prior to the scheduled date of the hearing on January 29, 2002. The purpose of discovery is to allow the parties and counsel to review exhibits to be presented at a hearing prior to the hearing so that the hearing process can move along smoothly and expeditiously. Exhibits should not be produced at a hearing and a witness confronted with an exhibit, which he or she, or counsel have not had an opportunity to review prior to the hearing. Confronting Mr. Radich with 100 pages more or less of . Mr. Andes and Mr. Wagner, Attorneys at Law 19 February 2002 Page 2 e-mail documents which neither he nor his counsel had an opportunity to review before the hearing would only have delayed the process and I had no intention of sitting through an afternoon with Mr. Radich and Mr. Andes reading e-mails. I will, as indicated, only hear the testimony of the parties; also, if any exhibits are produced at the next hearing which have not been previously reviewed by the opposing party and counsel, those exhibits will not be permitted nor will any testimony be permitted about those exhibits. I have also noted that although the motion for appointment of Master states that equitable distribution is the only economic claim before the Master, I point out to counsel that the economic claim of equitable distribution is not before the Master because no pleadings have raised the issue. However, if any economic claims are to be raised, they should be raised by the date of the filing of the pretrial statements, which I am going to direct. If no economic claims have been raised by that date, I am going to ask that the Court vacate my appointment. Without equitable distribution as an issue, there is no need to establish a date of separation since both parties will consent to a divorce. In accordance with P.R.c.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Friday, March 15,2002. A pre-hearing conference will be scheduled immediately following receipt of the pretrial statements. Also enclosed is a notice of a hearing to continue the testimony on the date of separation issue. With respect to grounds for divorce, Mr. Wagner has indicated by letter of November 27,2001, that his client will sign an affidavit of consent to conclude the divorce under Section 3301(c). Consequently, I direct both parties to sign and file affidavits of consent and waivers of notice of intention to request entry of divorce decree prior to March 15, 2002. Very truly yours, E. Robert Elicker, II Divorce Master . . , Mr. Andes and Mr. Wagner, Attorneys at Law 19 February 2002 Page 3 NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. PYS510D cumberland county prothonotary's office Case Entries R,(\f,o 1,QjC2 2001-03675 RADICH MICHAEL P (VS) RADICH LESLIE A Filed Date: 6/14/2001 Time: 10:58 Case Type: COMPLAINT - DIVORCE Page ---1 of 2 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 6/14/01 COMPLAINT - DIVORCE ------------------------------------------------------------------- 7/11/01 ACCEPTANCE OF SERVICE FOR COMPLAINT IN DIVORCE AND ENTRY OF APPEARANCE FOR P RICHARD WAGNER FOR DEFT ------------------------------------------------------------------- 8/29/01 MOTION FOR APPOINTMENT OF MASTER BY SAMUEL LANDES ESQ ------------------------------------------------------------------- 8/29/01 ORDER APPOINTING MASTER 8/29/01 E ROBERT ELICKER II ESQUIRE IS APPOINTED MASTER WITH RESPECT TO ABOVE CLAIMS GEORGE E HOFFER P J ------------------------------------------------------------------- 8/29/01 PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(D) ------------------------------------------------------------------- 10/03/01 DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE FILED BY DEBRA K SPINNER SECRETARY FOR R RICHARD WAGNER ESQ FOR DEFT + F2=Done F10=Print F12=Cancel F17=TOp F18=Bot . ; cumberland county prothonotary's office case Entries PYS510D . 2001-03675 RADICH MICHAEL P (VS) RADICH LESLIE A Filed Date: 6/14/2001 Time: 10:58 Case Type: COMPLAINT - DIVORCE page ~ of 2 12/27/01 MOTION TO COMPEL - BY SAMUEL LANDES ESQ FOR PLFF 1/07/02 ORDER OF COURT - DATED 1/7/02 - IN RE PLFFS MOTION TO COMPEL - A RULE IS HEREBY ISSUED UPON DEFT TO SHOW CAUSE WHY THE RELIEF REQUESTED SHOULD NOT BE GRANTED - RULE RETURNABLE WITHIN 15 DAYS OF SERVICE - BY THE COURT J WESLEY OLER JR J COPIES MAILED 1/7/02 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - F2=Done FI0=print F12=Cancel F17=TOp F18=Bot LAW OFFICES MANCKE, WAGNER, HERSHEY & TULLY 2233 NORTH FRONT STREET JOHN 8, MANCKE p, RICHARD WAGNER DAVID E, HERSHEY WILLIAM T TULLY HARRISBURG, PA 17110 PHONE (717) 234-7051 FAX (717) 234-7080 September 18,2001 E. Robert Elicker, Esquire 9 North Hanover Street Carlisle, P A 17013 Re: Radich Dear Mr. Elicker: I have received your notice for certification for completion of discovery regarding the above-captioned matter. My client does not believe the parties have been separated for a two year period of time, and accordingly, object to this matter being listed for any kind of disposition. Your attention is appreciated. ......./ Since~ B;'Rlchard Wagner / 'j PRW/dks SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. 0, BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761'5361 20 September 2001 FAX (717) 761'1435 E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Radich vs. Radich Dear Mr. Elicker: Enclosed is my discovery certificate in the above case. To my knowledge the only discovery yet to be completed is the Defendant's Production of Documents pursuant to a Request which I served a month ago. Hopefully Rich Wagner will get those documents to me shortly and discovery will then be complete. I am sending a copy of this letter and my certificate to Rich Wagner and I expect we will both hear from him if he does not agree. Sincerely, &des amh / Enclosure c c: P. Richard Wagner, Esquire Michael P. Radich SEP 2 5 2001'[(.., MICHAEL P. RADICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 3675 CIVIL LESLIE A. RADICH, Defendant IN DIVORCE TO: Samuel L. Andes Attorney for Plaintiff P. Richard Wagner Attorney for Defendant DATE: Wednesday, September 4, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. Plaintiff filed a Request for Production of Documents on the Defendant on 16 August 2001 and that request is still outstanding. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. Plaintiff hopes that the documents he has requested will be produced within the next thirty days. To his knowledge, discovery is otherwise complete. 20 September 2001 DATE 2o~~ COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COC~SEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. , MICHAEL P. RADICH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO. 01-3675 CIVIL ACTION - LAW LESLIE A. RADICH, IN DIVORCE Defendant. DEFENDfu~T'S COu~~TER-riFFIDAVIT u~DER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): ( ) (~ (X) ( ) (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i) or (ii), or both) : (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): ( ) ~) (a) I do not wish to make any claims for economic relief. I understand tha~ I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. 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 unswo~falSificatiOri authorities. DATE, ;(1 ~ llH)/ / .. ' .. CERTIFICATE OF SERVICE I, Debra K. Spinner, Secretary in the law firm of MANCKE, WAGNER, HERSHEY, & TULLY, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: Samuel L. Andes, Esquire 525 N. 12th Street Lemoyne, PA 17043 By " ^ -{ 1 ' 1.- \ /~L .', @i.J/./}uJJ Debra K. Spinner, Secretary MANCKE, WAGNER, HERSHEY & TULLY 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorneys for Defendant DATE: /U/;(/6/ I I 0- -, a " -t-. ~ ~ " "'J ~ ...) =i , " , . , "- w ..1) "'t> )' SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P,O, BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761,5361 3 December 2001 FAX (717) 761.1435 E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisle, Pa 17013 RE: Michael P. Radich vs. Leslie A. Radich No. 01-3675 Civil Term Dear Mr. Elicker: I have Rich Wagner's letter of 27 November 2001 in which he indicates his client will file a consent and that, therefore, the hearing scheduled for 22 January 2002 is not necessary. As much as I appreciate Rich's effort to move this case forward, I do not believe what he proposes will solve all of the problems we face. Whether the parties conclude a divorce by consent or otherwise, we still need to determine the date of the parties' final separation for purposes of equitable distribution. If Rich's client will agree that the parties separated in August of 1999, as my client has stated in his Affidavit, a hearing on that issue will not be necessary and we can proceed to the economic issues. If we are going to do that, I request that you set a date for the parties to file their pre-trial statements so that, when we have the conference, you will have as much information as we can give you. If Rich's client will not agree that the parties separated in August of 1999, as my client contends, then I think we will still require a hearing to determine the date of separation. I have written Rich about all of this and I expect you will hear further from one or both of us shortly. In the meantime, I ask that you keep the hearing for 22 January 2002 on your calendar. Sincerely, ~des amh cc: P. Richard Wagner, Esquire Michael P. Radich LAW OFFICES MANCKE, WAGNER, HERSHEY & TULLY 2233 NORTH FRONT STREET JOHN B, MANCKE p, RICHARD WAGNER DAVID E, HERSHEY WILLIAM T TULLY HARRISBURG, PA 17110 PHONE <7171 234-7051 FAX (7171 234-7080 December 6,2001 E. Robert Elicker, Esquire 9 North Hanover Street Carlisle, PA 17013 Re: Radich Dear Mr, Elicker: I am in receipt of Mr. Andes' letter and your telephone conference concerning the date of separation on the above-captioned matter. I am not sure of the significance of the date of separation in that APL is not an issue and I do not think there is any viable pension at the present time that is based upon a present value, i.e., date of separation, basis. As it relates to property, it is the value as close to the date of distribution that is the guiding principle. Therefore, I am not sure as to the significance of the date of separation in light of the lack of a pension to be distributed. Your attention is appreciated. //-J Sincerely,/ / c P RiC~agner PRW/dks cc: Samuel L. Andes, Esq. L .,/ ---_/ /" LAW OFFICES MANCKE, WAGNER, HERSHEY & TULLY 2233 NORTH FRONT STREET JOHN 8, MANCKE p, RICHARD WAGNER DAVID E, HERSHEY WILLIAM T TULLY HARRISBURG, PA 17110 PHONE (7171 234-7051 FAX (7171 234-7080 November 27,2001 E. Robert Elicker, Esquire 9 North Hanover Street Carlisle, PA 17013 Re: Radich Dear Mr. Elicker: I have spoken at length to my client, Leslie Radich, concerning the hearing that is scheduled for January 22, 2002. After considering the options available to her, she has decided that she would sign an Affidavit of Consent under 2201(c) of the Divorce Code. There are some economic issues that need to be pursued, and accordingly, I would respectfully request that the hearing that is scheduled for January 22,2002, be held, but it be a conference by and between counsel and the Master in order to finalize the issues to expeditiously move towards a Master's hearing to decide all economIC Issues. ''''') v . ~ -~ ....-l- ~t-l- ..-l-'~ ;~ ~ ~~'~f--.--l Jc Oth PI Uffilll d ~CluIvn 1;') apprC;dChCU. ? ./' / s~~~~ ,/ ,// / ,,//" 4:Ric~~d Wagner PR W /dks cc: Samuel L. Andes, Esq. Ms. Leslie Radich MICHAEL P. RADICH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. LESLIE A. RADICH NO. 01 - 3675 IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Michael P. Radich Samuel L. Andes , Plaintiff , Counsel for Plaintiff Leslie A. Radich P. Richard Wagner , Defendant , Counsel for Defendant * You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 25th North Hanover Street, Carlisle, Pennsylvania, on the day of April 2002 at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. George E. Hoffer, President Judge Date of Order and Notice: 2/19/02 By: Divorce Master IF YOU DO NOT HA VE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PA 17013 TELEPHONE (717) 249-3166 * TESTIMONY WILL BE LIMITED TO THE ISSUE OF THE DATE OF SEP ARA TION OF THE PARTIES. ! ---------- lVnCHAEL P. RAiTIC:H, Plaintiff IN THE COUTi' 0::" C01\.1j\10N PLEAS OF CUyjBF:U/\NL: C'OUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW LESLIE A. RADICH, Defendant r-;'O. 01-3675 C1VIL TERM o IIDEIli)E,C_OT JH,~I: AND NOW, this ih day of January, 2007., upon consideration of Plaintiff's tvlotion To Compel, a Ru!e is hereby isslH:d upon Defendant to shmv cause why the relief requested shoL1ld not be granted. RULE RETURl\fABLE within 15 days ofser'/ice. IlY THE COU]<1', -r:IJ/L'2 (). -afj .lfJCSle) Ole~ .I. ~ L. Andes, Esq. 525 North 121h Street L~ll1Gyne. PA 17043 Allorncy for Plaintiff <1'f't1q"d U!'[CflJ"r }-:;"':I 0". i-{ic.. (... ", c 61 '- ~ o..lJ'''1_ 2233 Nonh Front Street Ibrrisburg, P A 17110 AHofiley f~)r Defendant L~ ~cJJ 0/-07-02' l R/f r' .' \ 1 '._ [1: :rc ...~- " -< 1.-:. -- II vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. RADICH, PLAINTIFF CIVIL ACTION - LAW NO. 01-3675 LESLIE A. RADICH, DEFENDANT IN DIVORCE ORDER AND NOW this day of ,2001, upon consideration of the attached Motion to Compel, a conference is hereby scheduled, to be held before the undersigned, in Court Room No. Courthouse in Carlisle, Pennsylvania, commencing at of the Cumberland County o'clock .m.on the day of ,200_ BY THE COURT, J. II MICHAEL P. RADICH, PLAINTIFF vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-3675 LESLIE A. RADICH, DEFENDANT IN DIVORCE MOTION TO COMPEL AND NOW comes the above-named Plaintiff, Michael P. Radich, by his attorney, Samuel L. Andes, and moves the court for an order to compel Defendant to produce documents, based upon the following: 1. The Petitioner herein is the Plaintiff, Michael P. Radich. The Respondent herein is the Defendant, Leslie A. Radich. 2. This divorce action is pending before the Master and Plaintiff requires documents to verify the existence and value of various marital assets which he believes are owned by and under the control of the Defendant. Those assets include various retirement and investment accounts. 3. On 16 August 2001, Plaintiff served a Request for Production of Documents and Things upon Defendant's counsel. Attached hereto and marked as Exhibit A is a copy of the Request for Production and the letter with which Plaintiff's counsel served that upon Defendant's counsel. 4. Despite repeated requests from Plaintiff's counsel, Defendant has failed to provide the documents requested by Plaintiff or file a formal answer to Plaintiff's Request for Production. 5. Plaintiff cannot properly prepare this case for negotiation and settlement or for litigation before the Master, without the information he has requested. II WHEREFORE, Plaintiff moves this court to issue an order compelling Defendant to produce the documents described in Plaintiff's Request for Production within ten (10) days ofthe date of the entry of this court's order and to further award to Plaintiff reasonable attorney's fees for Defendant's failure to comply with the Request. ~ '- Samu I L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 II VERIFICATION I verify that the statements made in this Motion are true and correct. I understand that any false statements in this Motion are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: /d-/~ /0/ ,. , a.~~--O.E , ELL. S . . . ' \ \\ \\ EX\-\\6\1 - SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. 0, BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761 '5361 1 6 August 2001 FAX (717) 761'1435 P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 RE: Leslie A. Radich Dear Rich: Two months ago I asked you for some information about financial assets held or controlled by Leslie Radich. I have not received any response to that. I assume the problem is with your client and so I have prepared, and hereby serve upon you, a formal Request for Production. If I do not have the documents within the time set by the Rules, I will move the court to compel the production of these items. Please see that your client complies with this request, as soon as possible. My client has expressed a willingness to settle the case, which I have discussed with you. If your client will not cooperate, however, his attitude may change. If we are going to settle the case without a lot of litigation and dispute, please get me these documents as soon as possible. Sincerely, Samuel L. Andes amh / Enclosure cc: Michael P. Radich H MICHAEL P. RADICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-3675 LESLIE A. RADICH, Defendant IN DIVORCE REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS TO: Leslie A. Radich c/o P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 171 '10 You are requested, in accordance with Pa. R.C.P. 4009, to deliver to the office of the undersigned at 525 North 12th Street, Lemoyne, Pennsylvania, or otherwise make arrangements reasonably satisfactory to the undersigned, for his inspection or examination, copies of the following documents, articles, and things, within thirty (30) days of the date of this Request. For purposes of this Request, all computer records and information available on computer records or within computer programs, should be included within the Request for Production. That is, this Request is not limited to documents or "hard copies" of records, but should include computer records, tapes, disks, and other media as well as paper documents. 1. Copies of all documents relating to any account you held with TIAA CREF at any time after 1 January 1996, specifically including any documents relating to the transfer, liquidation, or other disposition of that account or any of the assets within it. 2. Copies of all documents relating to any account you held with Fidelity Funds at any time after 1 January 1996, specifically including any documents relating to the transfer, liquidation, or other disposition of that account or any of the assets within it. 3. Copies of all documents relating to any account, specifically including any individual retirement account, with First Federal Credit Union, Members 1st Federal Credit Union, or any other credit union or similar financial institutions at any time after 1 January 1996. 4. Copies of all documents relating to any account, specifically including any individual retirement account, with AIM Fund Services, Inc. or any related entity or any entity with a similar name at any time after 1 January 1996. 5. Copies of all documents relating to any account with Boston Safe Deposit and Trust Company, or any related entity or any entity with a similar name at any time after 1 January 1996. 6. Copies of all statements or other documents which reflect the value of, or activity in, any other account or asset held by you, or for your benefit, with any financial institution, for the period 1 January 2000 to the present. c~C1! muel L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Request for Production of Documents upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, Pa 17110 Date: 16 August 2001 G~~ Samuel L. Andes Attorney for Plaintiff ",-----'-- ------ ~ Cl o c ;;:""" -q C; 01("-' 7:. :5:' '-7 c- '2.:;, ..--.- ,,-- .,.,.:....... ...._,j ~(~:~ c- ~ CJ \~ 7" --; -- -".' f9 ~J") c%? II MICHAEL P. RADICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-3675 LESLIE A. RADICH, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 14 June 2001 and served upon the Defendant on or about 1 July 2001. '-- '------'-- 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 19 April 2002 Date /~% . /' /~/) I"~ ? LJ / ;: j",/// " < ,/ /- v(.,l(-f'-<-/'//~ f.rL- t MICHAEL P. RADICH ------- 0 c.; 0 ~:.; lj"<) t--' ";;'1;1. ~ ;"-J :' " ~ l ,,-' ~ ~ :".1 \I'l ~'" \IV ( .,...~ <f' -- 5 - - II MICHAEL P. RADICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-3675 LESLIE A. RADICH, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 19 April 2002 Date /://1. // l} //1 ./ . LJ ///ZJJ IJ~~cr MICHAEL P. RADICH '-' i'-'...,.} :'V :'.~i . , -.... :.,.) (J~! SAM UEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P.O, BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761,5361 22 October 2001 FAX (717) 761-1435 E. Robert Elicker, II, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Michael P. Radich vs. Leslie A. Radich No. 01-3675 Dear Mr. Elicker: You were appointed master in the above matter in early September. Shortly prior to that time my client had filed an Affidavit Under 3301 (d) stating that the parties had been living separate since mid-August of 1999. P. Richard Wagner, Esquire, who represents Mrs. Radich, responded by filing a counter-affidavit denying that date of separation. Accordingly, we will require a hearing on the date of separation. You are not likely to schedule a pre-hearing conference or a hearing on the economic issues, because discovery is not yet complete. However, there is nothing preventing you from scheduling a hearing to determine the date of separation. Once you establish a date of separation, the preparation of the rest of the case, and the discovery required for that preparation, should be much easier. Accordingiy, I write to ask that you schedule a hearing un the issue of the date of the parties' separation. If you feel a pre-hearing conference with counsel is necessary prior to that hearing, please schedule that as well. Frankly, I think if you schedule a hearing and require the attorneys to exchange witness lists thirty days prior to the hearing, that will be sufficient to get that part of the case underway. Please contact Rich Wagner or myself if you have any questions in these matters. Thank you for your cooperation. Sincerely, ~ Ie cc: P. Richard Wagner, Esquire ::>mcerely f &u~es amh / Enclosure Pre S e,.. t Ga. Ian c fL. ~s (J PJa n w tl". J 3/ 2-002. ) . 476))t7.65 ...:...... " MICHAEL P. RADICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. LESLIE A. RADICH, Defendant CIVIL ACTION - LAW NO. 01-3675 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff moves the court to appoint a Master with respect to the following claims: ) Divorce ) Annulment ) Counsel Fees ~ Distribution of Property ( ) Alimony ( ) Costs and Expenses ) Support ) Alimony Pendente Lite and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by her attorney, P. Richard Wagner, Esquire. 3. The statutory ground for divorce is: a.10 \ Cd) 4. Check the applicable paragraph(s): ( ) 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 above-marked claims. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take - hours 1... day. 7. Additional information, if any, relevant to this motion: 3D A ...,.<-1- 2:DoJ Date ~ ~0n O...Q Sam L. And~ Attorney for Plaintiff AND NOW /JLL ""uvf OlCf with respect to the abov/ claims. 2001, E. Robert Elicker, II, Esquire is appointed Master <./ BY THE COURT, IfJ1Wl fJ. C f;~. L a I'l ~ ?'- ~ C5 o ~ ~ I! /\ SAMUEL LANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P,O, BOX 1<36 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (711\ 7131, 53131 4 February 2002 FAX (117) 7Gl~l..t35 Michael P. Radich 6 Pamela Place Mechanicsburg, P A 17055 Dear Michael: The Master has rescheduled the hearing on the date of your separation. It is now scheduled for 14 February 2002 at 1:30 p.m. I will need you and your older daughter, Amy, to testify at the hearing. If you have not already done so, please get me information as to the value of your thrift savings plan as)of the following dates: l En) of n,,.,i'-' t3"(~"'C-L5 -1 1. August 1999. 55] b Db. I g 2. 31 December 1999. -.$58') 117.5/ 3. 31 December 2000. -.$ (,{,) 30g. 01 4. February 2001. - $ 67) 560. 7? These are the dates which we claim you and your wife separated and the dates she acknowledges you separated plus two dates in the middle the Master has requested. Hopefully you can get this information to me prior to 14 February 2002. Call me if you have any questions. Sincerely, ~~es amh I Enclosure Pre .s e ,..-t 8(1, (~hC "-- lilS () pJa >:\ '" Ill'" J 31 2-002. ) . -f; 76) It 7. b 5 ....,v, ~ .!. c:::::> I'l ~ (' f;'~. L o .-- ';-~ C5 o --.-\ ~ ~ MICHAEL P. RADICH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01 - 3675 LESLIE A. RADICH CIVIL ACTION - LAW IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Michael P. Radich , Plaintiff Samuel L. Andes . Counsel for Plaintiff Leslie A. Radich , Defendant P. Richard Wagner , Counsel for Defendant ~ are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania on the __22nd day of January 2002 at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. Byt erG . rge E. Hoffer, President Judge Date of Order and Not ice: 10/24/0 1 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 """YlliSTIMONY WILL BE LIMITED TO 'THE ISSUE OF 'THE DATE OF SEPARATION OF 'THE PARrIES. COUNSEL ARE DIRECTED TO EXCHANGE WITNESS LISTS 'THIRTY (30) DAYS PRIOR 'ID 'THE HEARING. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. RADICH v. NO. 01- 3675 LESLIE A. RADICH CIVIL ACTION - LAW IN ])I\101<CE ORDER AND NOTICE SETTING HEARING TO: Michael P. Radich Samuel L. Andes , Plaintiff , Counsel for Plaintiff Leslie A. Radich P. Richard Wagner Defendant , Counsel for Defendant ,o","ou are directed to appear for a hearing to take ..;~lt~ test~mony on the outstanding lssues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvenia on the 14th da\ p . m . a tL \': 1: c c : ; c: f February ~---~_._- , 2002 2t 1:30 place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By t e.rh Hoffer, President Judge Date of Order and Not ice: 1/29/02 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, dlf' CUMBERLAND COUNTY 13AH ASSOC1AT10N 2 ],lBL1\T\' (\VENUE CAI\!, I '.J,!', I'f'.. 17() 1; 'JTIF:I'11(1\1' ( I,) ),1(!,l(d' TESTIMONY WILL BE LIMITED TO THE ISSUE OF THE DATE OF SEPARATION OF THE PARTIES. SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761, 5361 31 August 2001 FAX (717) 761,1435 E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisie, Pa 17013 RE: Michael P. Radich vs. Leslie A. Radich No. 01-3675 Civil Term Dear Mr. Elicker: I represent the Plaintiff in the above matter and recently filed a Motion for Appointment of Master. I expect you should receive the file in the near future. My client has filed an Affidavit under 3301 (d) alleging that the parties have been separated since August of 1999 and that will be the basis of the divorce. The Affidavit has been served upon Mrs. Radich's attorney, P. Richard Wagner, Esquire, and I am certain he will send a copy of his response to you if and when it is filed. At this time, the only economic relief requested by either party is equitable distribution. If you have any questions about the case, please feel free to contact my office. Thank you for your cooperation. Sincerely, s&es amh cc: P. Richard Wagner, Esquire II ~ '. MICHAEL P. RADICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW LESLIE A. RADICH, Defendant NO. 01-3675 CIVIL TERM IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 330Hd) OF THE DIVORCE CODE 1. The parties to this action separated in mid-August, 1999, and have continued to live separately and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: g ;j~/o / . ~ /ZI /LL/ MICHAEL P. RADICH II ~ .... CERTIFICATE OF SERVICE I hereby certify that on 28 August 2001 I served a copy of the foregoing document upon counsel for Defendant by U.S. Mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 mu I L. Andes At rney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 o - J ~ ~ '-'-' ~ ::t:. } (J L._ .... (") , . , . ' ---) --." MICHAEL P. RADICH, Plaintiff vs. LESLIE A. RADICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 3675 Civil IN DIVORCE ORDER OF COURT AND NOW, this /1 j7</ '1~ day of 2002, there being no issue with respect to grounds for divorce and no economic claims having been filed, the appointment of the Master is vacated. cc: Samuel L. Andes Attorney for Plaintiff P. Richard Wagner Attorney for Defendant BY THE COURT, . '.2_/Q,b.:;LJ ,-, '~.) ~ q. .~ Wv 10:01 hI "'-, N\'V' '-0 1 u : f_~;- i . . t-~~ ~ (- .. /I ~ MICHAEL P. RADICH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-3675 CIVIL TERM LESLIE A. RADICH, IN DIVORCE PLAINTIFF'S PETiTION FOR ECONOMIC RELIEf AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and makes the following Petition for Economic Relief: COUNT I - EQUITABLE DISTRIBUTION 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT II - COUNSEL FEES AND EXPENSES 2. Plaintiff is without sufficient funds to retain counsel to represent him in this matter. 3. Without competent counsel, Plaintiff cannot adequately prosecute his claims against Defendant and cannot adequately litigate his rights in this matter. 4. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expenses of this litigation. 5. Although Plaintiff is employed, he has spent the majority of his available cash to support the parties children and their household and does not have sufficient funds remaining to pay the cost of this litigation. . 6. The Defendant is employed and enjoys earnings sufficient to contribute toward the cost of this litigation. 1 II 7. Defendant, by her refusal to cooperate in this matter, and particularly by her refusal to sign an Affidavit of Consent as she had promised to do, has complicated the litigation of this matter and made the resolution of it far more difficult. WHEREFORE, Plaintiff prays this Honorable Court to award him, and order the Defendant to pay, his reasonable attorneys fees, costs, and expenses incurred in litigating this matter. ~ Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 2 II VERI FICA TION I verify that the statements made in this Petition are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: J",,,(. 3 I 2002 J /A;UIl/W MICHAEL P. RADICH 3 " - -, CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Petition for Economic Relief upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Hershey, PA 17110 Date: 5 June 2002 ~~ Attorney for Plaintiff , - , c. ~,;, . ~,..J ~ ,- ; ,- r ~ j c .c. 00 \:; -c: ~ " w <::) <:> < :-' \.1 c. '-J cI )0 i r Commonwealth of Pennsylvania County of Cumberland, ss: MICHAEL P. RADICH, Plaintiff In the Court of Common Pleas of Cumberland County, Pennsylvania vs. No. 01-3675 Civil LESLIE A. RADICH, Defendant In Divorce Motion for Appointment of Master Michael P. Radich, Plaintiff moves the court to appoint a Master with respect to the following claims: (XX) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite (XX) Distribution of Property ( ) Support (XX) Counsel Fees (XX) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the c1aim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action personally by her attorney, P. Richard Wagner, Esquire. 3. The statutory ground(s) for divorce are: Divorce, Distribution of Property, Counsel Fees and Costs and Expenses. 4. Check the applicable paragraph(s). ( ) The action is not contested. ( ) An agreement has been reached with respect to the following claims: ()< ) The action is contested with respect to the following claims: p.,l\ e~ce~t ~V\.Vc..Q. . 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the motion: .-r- , VU.A i 2.m <- Date s~-DiJ- Attorney for Plaintiff AND NOW, 2002, 7:\Jf2H~ ad4"IJ is appointed Master w~ respect to the following claims: Divorce , Esquire, fU. \flN\tAFSNN3d , "'n~t" ,-), h ,~. '-'~'V"'~ .\ ~J<\: (~ f I 1 ,hu,', U~--1>-{!}1 , l '-" '1 I <,-,0..,' ,.' " ".", ..J -~"I f I I ",'" f ~H U6:l!ri~ L - cmr 20 l\c\;ilC\"JC:.r'-L_;J.j;'j :'~i'{i :it) JOLJ:3(}-.Ujllj ~ '.~ ~ . . J t .... ... ~ ( -- MICHAEL P. RADICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01 - 3675 CIVIL LESLIE A. RADICH, Defendant IN DIVORCE e Proceedings held before E. ROBERT ELICKER, II, DIVORCE MASTER, 9 North Hanover Street, Carlisle, Pennsylvania, on Thursday, February 14, 2002, commencing at 1:45 p.m. APPEARANCES: Samuel L. Andes Attorney for Plaintiff P. Richard Wagner Attorney for Defendant . e INDEX TO WITNESSES FOR THE PLAINTIFF Michael P. Radich DIRECT CROSS REDIRECT 5 30 - e RECROSS - INDEX TO EXHIBITS IDENTIFIED FOR THE PLAINTIFF FOR THE DEFENDANT IDENTIFIED Ex. No. 1 - Title (Volkswagon) 40 Ex. No. 2 - Title (Volvo) 40 e e ADMITTED ADMITTED e e e 1 2 3 THE MASTER: Today is Thursday, February 14, 2002. This is the date set for a hearing to take testimony to establish the date of separation of the parties. 4 Present ln the hearing room are the 5 Plaintiff, Michael P. Radich, and his counsel Samuel L. 6 Andes, and the Defendant, Leslie A. Radich, and her counsel 7 P. Richard Wagner. 8 We had an off the record discussion 9 regarding a matter involving the witnesses in this hearing 10 who would be presenting testimony. Mr. Wagner appeared 11 today with some witnesses; Mr. Andes claimed that he was 12 not notified of the witnesses. The Master had 13 14 15 16 specifically noted that the parties were to exchanged witness lists thirty days prior to the hearing. This statement was on the notice directing a hearing for January 22, 2002. The hearing was continued and rescheduled for 17 today. Mr. Wagner indicated that Mr. Andes did not 18 present him with a list of witness. The Master decided 19 that since neither counsel provided witness lists, he would 20 hear the testimony of the parties only. If they want to 21 make any objections or exceptions, they can do that at a 22 later time regarding the witnesses to be heard in this 23 proceeding. 24 25 The Plaintiff avers that the parties separated August 1999; the Defendant avers the parties 4 e 1 separated February 2001. 2 Following the Master's determination of the 3 date of separation, the parties will then be directed to 4 appear for a hearing to take testimony on the economic 5 issues. Before that hearing, however, the Master will 6 direct counsel to file pretrial statements and have a 7 pre-hearing conference with counsel to discuss the economic 8 claims. 9 Would you swear Mr. Radich, please. 10 Whereupon, MICHAEL P. RADICH, having been 11 12 13 duly Sworn, testified as follows: MR. ANDES: With Mr. Wagner and the Master's indulgence, I have some background information and I will e 14 just lead him through this quickly. 15 DIRECT EXAMINATION 16 BY MR. ANDES: 17 Q Mr. Radich, your full name is Michael P. 18 Radich; is that correct? 19 20 A Q Yes. Michael Paul. You reside at 6 Pamela Place in 21 Mechanicsburg? 22 23 24 1957? 25 A Q That's correct. Your date of birth 1S the 26th of March e A Correct. 5 e e e 1 You are married to Leslie A. Radich and the Q 2 two of you were married on the 17th of January of 1980; is 3 that correct? 4 5 A Yes. Her date of birth is the 30th of April 1957; Q 6 1S that correct? 7 A Correct. 8 Q The two of you have two daughters, Amy R. 9 Radich, who was born May 25, 1982, and Kristen, 10 K-r-i-s-t-e-n, L. Radich, born December 8, 1983; is that 11 correct? 12 13 That's correct. Going back to August of 1999, prior to that A Q 14 time, were you and your wife and the two daughters residing 15 together in one household? 16 Prior to 1999 not a hundred percent of the A 17 time. There were times when she wasn't there, but, yes. 18 19 20 And where was that? 6 Pamela Place, Mechanicsburg. When you say there were times she was not Q A Q 21 residing there, you mean your wife? 22 23 That's correct. Where did she live when she did not live at A Q 24 6 Pamela Place? 25 There were times when she would be out. We A 6 e 1 2 did not know where she was. Q Were these just an evening or one night or 3 was this for longer periods of time? 4 5 6 7 8 A Nights, sometimes weekends. Q Did that result in marital difficulties between you and your wife? staying married? A Q Yes. How would you describe the state of your 9 marriage in August of 1999? 10 A It was bad. There were definitely problems. 11 Q Did you and your wife have discussions about 12 your marriage and plans for the future with regard to e 13 14 15 A Q Not In regards to staying married. What did you talk about with regard to your 16 plans for the future? 17 A Where we were going to live, separate, you 18 know, like, when and where we would get divorced, etc. 19 Financial matters mainly too. 20 Q Well, let's talk then about the summer of 21 1999, did the two of you come to an agreement about 22 separating? - 23 24 25 A Q A Yes. What was the agreement? She would move to, I think, it was Chapel 7 e e e 1 Avenue and I was going to move in with my parents and the 2 children would have a choice of where to go to school at 3 because we would both be residing in Central Dauphin East 4 School District and at the Carlisle School District. 5 So her address on Chapel Avenue, was that in Q 6 Carlisle? 7 That's correct. A 8 Q And the address at your parents is ln the 9 Central Dauphin School District? 10 11 A Yes. And so if the children -- if you gave the Q 12 children a choice, it would involve their moving from the Cumberland Valley School Districtj is that right? 13 14 15 16 1999? A Q That's correct. That's where they were attending school in 17 18 That's correct. What were you going to do with the house at A Q 19 6 Pamela Place? 20 21 but -- In the beginning we were going to sell it A 22 23 24 25 Q Strike that. Before you go any further, as of August of '99, up to that point, what was the plan on the house, to sell it or keep it? A August '99 we were gOlng to sell it. 8 e e e 1 2 3 4 5 6 7 Q And after that, the plan changed? A The plan changed that I would stay in there and the kids would stay in there. Q We will come back to that. Did, In fact, the two of you separate in August of 1999? A Yes. Q And how so? Where did you move; where did 8 she move? Where did each of you live after that? 9 A Well, the house didn't sell because the 10 septic system failed, so I stayed in the house. I never 11 did move, and the children never did move and Leslie moved 12 up to a place on Chapel Avenue. 13 14 15 16 17 18 point? 19 Q A Was that a house, an apartment, or what? It was a bottom floor of a house. That was where she lived in Carlisle? Yes. And was the house listed for sale at some Q A Q A It was earlier. It was listed for sale and 20 then the first person that put paper work In on it -- they 21 have to go through certain procedures, a number of 22 inspections, and one of them was a septic check and the 23 septic system did not pass so we could not sell the house. 24 Q So as a result of that, the house could not 25 be sold. Did that change your plans in any way? 9 e 1 2 3 4 A Q A Yes. How so? We could still reside in the house, I could and the kids, but we could not sell the house. If we would 5 sell it, we would have to bring it up to standards and it 6 would cost us approximately $10,000.00 at that time. 7 Q Did you have the money at that time to make 8 those repairs to the septic system? 9 10 11 house? e 12 13 14 A Q No. And so what did you do about selling the A The people who were going to buy it took us to court and, I guess -- I don't know if they contacted Leslie, I assume they did, but it was pushed on me and I 15 had to make a settlement of $800.00 to them, I think it 16 was, or more 17 18 19 Q A Q To pay them? To pay them. And did that then result ln the cancellation 20 of their agreement to buy the house? e 21 22 23 24 25 A Q Yes. From that point on, from August of 1999 where have you lived? A I have always lived at 6 Pamela Place. Q From August of '99 to the present? 10 e - e 1 2 3 4 5 6 7 8 9 10 A Q A Correct. Did the girls stay there with you? Both girls stayed there with me until Kristen moved out about three weeks ago. Q And went to live with her mother? A Yes, I assume. Q Okay. And is Amy still living with you there? A Q That's correct. Okay. Now, let's talk about your wife. She 11 moved to this apartment or the first floor of this house 12 in Carlisle. After she moved there did she come back to 13 14 the house at 6 Pamela Place? A Yes, a couple of times a week. Most of the 15 time when we were not there but she did come back to do 16 laundry or different things. 17 Q Well, when you say different things, she 18 came back and used the washer and dryer? 19 20 A Yes, used the washer and dryer. She'd take She would take different things. She took the VCR. food. 21 That's about it -- about two or three times a week. 22 23 24 25 come? Q A Q Did she come when you were there? Most of the time not. So what time of the day would she typically 11 e e e 1 When I was probably at work or had soccer at A 2 the school or something else was going on. 3 Okay. When she came did she stay and spend Q 4 the night? 5 A couple of times she did but she stayed on A 6 the couch. 7 Q When you say a couple of times, let's talk 8 about from August of 1999 two years later, until the summer 9 of 2001, how many times did she spend the night at the 10 house? 11 12 13 In the very beginning, when she moved out, A it was rare but after the second year when she moved to Franklin Street, like, she came once and tried to stay but 14 she made a threat and we had to have the police there. 15 When she would come and stay, can you give Q 16 me a number of times from August until she moved in 17 February of 2001 to the Franklin Street address, did she 18 come and spend the night once or twice or 50 times or what? 19 20 May be once every several weeks. And when she did, did you and she sleep A Q 21 together? 22 23 24 25 No. She stayed on the couch. And where did you stay? In bed. During the times that she came to the house, A Q A Q 12 - did she eat meals with you and the children? 1 2 3 A Q No. During the times that she would come to the 4 house would you and she do anything together, for instance, 5 did you do yard work together or did you do laundry when 6 she did laundry or did she clean the house, or did the two 7 of you clean the house together? 8 A No. 9 Q During that time did she clean the house 10 when she came back at all? - 11 12 13 A Q No. When she used the washer and dryer, did she use them just for her clothes or did she do your laundry 14 and the girls' laundry as well? 15 16 17 18 19 that correct? 20 21 A Q A Her clothes. Just her clothes? Yes. Okay. During that time she was workingj is Q A Q Yes. Did she have a separate account that she put 22 her earnings into? e 23 24 25 A Yes. Do you know where that account was, what Q bank or credit union? 13 - 1 A I think it was Member's 1st. I think the 2 number was 23487. 3 Q Did you have access to that money? Did you 4 get any of it? 5 6 7 8 A Q A Q No. Did she give any of it to you? No. Did she glve you money to buy groceries or 9 anything of the sort? 10 A No. - 11 12 13 14 15 16 17 into? Q A Did you glve her money during that time? If she needed stuff, she would take it out of the account. 18 19 Q A Q Now what account was that? 17244 at Member's 1st. And that is an account that you put money A Q Yes. And did she take money routinely every week 20 or only on rare occasions or how frequently? 21 22 23 A Q A Did I take money -- No. Did she take money out of that account? Yesj but I do not know how frequently. I e 24 don't remember. But if she needed it 25 Q Did you pay any of her bills at this 14 e - - 1 apartment? 2 A Not directly but if she took money, she 3 might have used it for that. 4 Well, that's my question. My question is: Q 5 You did not write checks to pay her electric bill or her 6 rent or anything also? 7 8 9 that right? A No. THE MASTER: There were two accountsj lS 10 11 THE WITNESS: Yes. THE MASTER: So I understand this. She had 12 her separate account and then you had a joint account? 13 14 THE WITNESS: Yes. THE MASTER: She was taking money out of the 15 joint account as she needed it? 16 THE WITNESS: Yes. And there was enough to 17 pay my bills but we did fall behind because she had used 18 the credit cards and we fell pretty far behind on them. We 19 cleared them up once and then we fell really behind again 20 and I am still in the process of clearing that up. 21 BY MR. ANDES: 22 Q Okay. During that time, did she pay any of 23 the expenses at the house? For example, did she pay any 24 25 utility bills at Pamela Place? A No. It came out of the 17244 accountj not 15 e 1 2 3 4 out of her account. Q A Who wrote the checks to do that? I wrote most of them, I guess, but she did write some of those, I assume. 11 alone? period? I don't know, because some 5 things she had the checkbook on. 6 Q Did she put any money into that account 7 during that time? A I couldn't answer that. I know her account 8 9 -- I think her payroll statement went to her account. 10 - 12 13 Q Went into the account that was in her name A Q 23487 but I am not sure. Okay. Did she pay the mortgage on the house 14 or the taxes on the house? 15 16 17 A Q A I paid that. You paid those? From your earnings? Yes. 18 Q During that time did the two of you do 19 anything socially together? Did you go out to dinner, for 20 example? - 21 22 23 24 25 A NOj unless there was -- during that two-year Q A Q Urn-hum. No. You told me earlier that she was concerned 16 e 1 2 3 about keeping up appearances with the academics. A Yes. If we had, like, a dinner or going if she was invited somewhere, yes, we all had to go because 4 of the appearances of keeping up as a family. 5 Q Is that what she told you? 6 A Yes. She called it her academia. 7 8 at Dickinson? e 9 10 11 12 13 14 Q Academia. Is that having to do with her job A Q A Q A Q Yes. How often did that happen? Very rarely. Well -- once a year, once a month, what? Maybe two or three times a year. All right. Did you take her to your 15 functions at your work or your social functions that you 16 attended? 17 18 A Q No. I don't have any social functions. Did you and your wife go out socially alone? 19 Did you go to dinner? Did you go to the movies or anything 20 of the sort? - 21 22 23 24 25 A No. Q During this time your daughters were attending what school? A During the two-year period Carlisle. They chose to go to Carlisle. This year Kristen did half a year 17 e e 1 2 3 4 5 6 7 8 9 at Cumberland Valley. Amy is at HACC. Q Let's talk about 1999 to February of 2001. After she moved to Carlisle, the girls were enrolled in the Carlisle Schools; is that right? A That's right. Q Did they live with her ln Carlisle? A No. They lived with me. Q A They continued to live at your place? Yes. And then the following year she came 10 back to the house, when we had to have the police there, 11 she said that if they did not go with her to live in 12 Carlisle she would have them kicked out of school there. 25 She went to the school and had them kicked out of school 14 there and we had to go to court, or whatever you did, I 15 don't know -- 16 17 school. 18 A And one thing too, when you talk about 19 social things, Amy and I have a PFA against her so we can't Q We got a court order to get them back in to 13 20 associate with her. 21 22 Q When did you obtain -- THE MASTER: I'm sorry. Amy and you. Who 23 is Amy? 24 - MR. ANDES: Amy is the older daughter. BY MR. ANDES: 18 e e e 1 2 3 4 5 6 7 8 9 Q When did you and Amy obtain the PFA if you recall? A I'm not sure of the exact time. It was -- October will be a year and a half September. Q Okay. obtained the PFA? So sometime in 2001 is when you A Q A Yes. Okay. So we can't do anything socially, or we 10 don't want to either. 11 12 13 All right. Now, during - THE MASTER: Excuse me. Do you have a specific date for that PFA? Q 14 MR. ANDES: I do. I have a copy -- I have a 15 final order of court dated the 23rd of April 2001. 16 Plaintiff's Michael P. Radich and Amy R. and the Defendant 17 is Leslie Ann. Do you want the term and number? 18 THE MASTER: No. I was interested in the 19 date as to when this occurred in relation to her alleged 20 date of separation. 21 MR. ANDES: Right. 22 THE WITNESS: And there are incidents that 23 happened, you know, previous to that so it was a number of 24 them. 25 BY MR. ANDES: 19 e 1 Q Well, there was a problem starting in the 2 spring of 2001, you alluded to it earlier, when your wife 3 came home to the children and said you must live with me. 4 When did that occur approximately? 5 MR. WAGNER: Excuse me. I'm going to object 6 to the relevance. 7 8 THE MASTER: Why? MR. WAGNER: The spring of 2001 lS beyond 9 either persons alleged separation date. It lS not relevant 10 to the determination of whether it is August or February. 11 MR. ANDES: Well, I want to explain why the 12 PFA was obtained because I don't want to leave the e 13 impression on the record or with the Master that the PFA 14 was obtained only after the date of separation. It was the 15 separation and then there were events that occurred ln 16 early 2001 when led to the PFA. 17 THE MASTER: Wife alleges that they 18 separated February of 2001. This PFA was entered in April 19 2001? 20 21 MR. ANDES: That's right. THE MASTER: Now, what is your purpose again 22 in offering this testimony on the PFA because he is 23 objecting to the relevance? 24 MR. ANDES: The reason I believe it is e 25 relevant to get into this information lS because there was 20 e e e 1 2 3 4 5 a change in Mrs. Radich's conduct, she came back to the marital residence and demanded the children live with her and when they would not, she did a series of things that resulted in the PFA. THE MASTER: Why don't you develop that. I 6 will let him develop it in terms of some time frame. 7 MR. WAGNER: When did she come back and do 8 this? After February 2001. 9 THE MASTER: That's what I need to let him 10 develop. 11 12 13 14 15 MR. WAGNER: But if it is after February 2001, then it does not go to the issue of separation, and you just said, yes, it's activities post 2001. MR. ANDES: Okay. Some of it predates 2001. THE MASTER: Some of whatever you're going 16 to have him testify to, whatever that is, why don't we deal 17 with what happened prior to February of 2001. We know, for 18 the record, there was a PFA order entered April 2001j but 19 direct your inquiry to what happened prior to her alleged 20 date of separation. 21 BY MR. ANDES: 22 Q Let's talk about the problems that occurred 23 with Leslie prior to April of 2001 that led in part to the 24 PFA? 25 MR. WAGNER: I have to renew the objection. 21 e 1 2 3 4 What lS the relevancy to this. This is not relevant to the date of separation. This goes to conduct that leads to the filing of a PFA. It's been adjudicated by a judge. MR. ANDES: But wait a minute, Rich, with 5 all due respect, it does go to the date of separation 6 because the parties' conduct during that period of time 7 tell us something about their intentions. 8 THE MASTER: The parties' conduct lS 9 relevant to the date of establishing when they separated 10 and I am going to let him proceed with this. 11 BY MR. ANDES: e 12 13 Q A Go ahead. Prior, and I think the dates are back to 14 2000 definitely and even earlier -- I don't know the exact 15 dates but definitely back to when she moved out, and this 16 is why she moved out. One of the reasons was she could not 17 control her temper around my oldest daughter and my oldest 18 daughter would have had to move with me no matter which 19 school she went to, and that's why we had to separate and 20 she would not go get counseling and she would not do 21 anything to control her behavior and when I'm not around 22 she would lose it. She would lose it even when I was 23 there. e 24 25 Q All right. During these bouts when she lost her temper, did she become violent? 22 e 1 2 3 A She broke a lot of things in the house. She would be violent. She beat my daughter, kicked my daughter, punched my daughter. We went over this at the 4 hearing. 5 Q And when you say your daughter, she beat 6 her, struck your daughter, kicked your daughter, which 7 daughter? 8 9 A Q Amy, the oldest one. Was there a particular bitterness or poor 10 relations between your wife and Amy during that time? e 11 12 13 A Yes. My older daughter cannot be around herj does not want anything to do with her. THE MASTER: Now, my question then would be, 14 and I am perhaps jumping ahead, how did these matters 15 involving your daughter affect your marital relationship? 16 THE WITNESS: It affected our marital 17 relationship in that I could not trust her with my 18 daughter, and I am pulling her off for beating my daughter 19 it's not a good relationship that a child should have to 20 be raised in a home like that. 21 BY MR. ANDES: 22 Q Did it cause you concern about leaving your 23 wife? 24 e 25 MR. WAGNER: I knew it, this is -- he says they separated August of 1999 now he is testifying that my 23 e 1 2 client is being pulled off of Amy some time in 2000. If they separated in '99 then what he is telling us happened 3 post August '99 is not relevant to his position. 4 MR. ANDES: With all due respect, it is 5 relevant because Mrs. Radich is telling us that they did 6 not separate until 2001 and she is painting a picture that 7 they were happily married and just living apart for 8 convenience -- MR. WAGNER: My client has not testified 9 10 yet. e 11 12 13 14 MR. ANDES: Well, I know that, but I know what you've told me Mr. Wagner and I am anticipating that and I think this is very relevant. Not only that but I thought he said, and I'll ask him to clarify that, that 15 some of these things go back prior to 2000j some of these 16 17 problems. I think that it is very relevant. THE MASTER: When did your wife leave the 18 Pamela Drive residence? 19 20 she moved out 21 THE WITNESS: It was around August 1999, THE MASTER: She left. All right. Now, 22 that's what I thought you said, so that is the day that you 23 say that you and your wife separated. This contact between 24 your wife and your daughter, what does that have to do with e 25 your living in the same environment together? 24 e 1 THE WITNESS: That is why we separated -- 2 that was one of the main reasons why we had to separate -- 3 THE MASTER: But you separated before the 4 events -- this is what Mr. Wagner is saying -- you're 5 testifying to events that occurred in the year 2000? 6 THE WITNESS: Right 7 BY THE MASTER: 8 Q But you are saying that you separated in 9 August of '99. You were testifying about events that 10 occurred with your daughter and her mother in 2000. 11 A Well -- and they happened prior to August of 12 1999. - 13 14 Q Well, then let's talk about what happened prlor to August 1999. What you are really testifying to is 15 what occurred prior to your actual alleged date of 16 separation? 17 18 19 BY MR. ANDES: - 20 21 22 23 24 25 Right. THE MASTER: Let Mr. Andes pick it up here. A Q Let's talk first of all about the problems that the family had, and particularly problems between you and Leslie, that caused you to separate in August of 1999. A Okay. Prior to August 1999, at different times she would lose her temper. She would in one of the incidences slam my daughter into a garage door and she 25 - 1 2 3 4 5 had trouble breathing. There were times when I had to pull her off of her and she was punching her and as I am holding her she is still kicking her and stuff, and she would not get counseling. She would not go for counseling. This is a major problem because I cannot leave my daughters alone 6 with her. She would be out, you know, different places 7 going around. I found out, like, once that, yeah, she went 8 to like a -- my kids called it a fraternity house up at 9 Lycoming College or something for a weekend. I am against 10 it. I didn't support it but I had no control and there 11 were just so many things that happened that you try to work 12 it out and try to keep your family together - 13 Q Urn-hum. 14 A -- and I didn't realize that under the whole 15 time until, like -- I went to Domestic Relations because 16 she threatened my life -- she is just out of control. They 17 told me about control manipulation, how you can be 18 manipulated into trying to keep something together that is 19 not working and, you know, we drew it down. She had to get 20 counseling. She had to try and work on this problem and 21 that's why we separated. Amy was going to go with me. 22 Q Now, let's go back prior to the time you 23 separated. What you've talked a little bit about -- when 24 you say Domestic Relations, you mean the office you went to - 25 file the PFA? 26 e - - 1 2 3 A Q A The PFA, yes. And that was filed ln 2001? That's correct. 4 Q So forget about that. Let's go back 5 earlier. Did you ask your wife to go to counseling and 6 seek help for her temper? 7 8 A Q Yes. Did you ask her to stop going out without 9 you and staying out late at night and overnight, as you 10 have testified to earlier? 11 12 would do that. 13 14 15 A Q A Q Yes, and she would lose her temper when I And did she stop doing that? No. How frequently did she go out and spend the 16 night away from home, when she was gone all night, was that 17 rarely, once a year, once a month, what? 18 19 A Q Several times a month. Okay. And when she would come back and you 20 would talk to her, did she tell you where she was? 21 22 23 she was? 24 A Q A No. And how did she react when you asked where She would get very hostile. In fact, I 25 found out that she went to that fraternity house from the 27 e 1 2 3 4 5 6 guy who came to visit -- no, we went to his -- I don't know where we met him but we met him outside of the house and that's when I found that out. Q A Q And that took place prior to August of 1999? Yes. And when you asked your wife to stop this, 7 she became angry? 8 9 10 11 A Yes. And she did not stop it? No. And stuff would get broken or damaged. How many of these incidents that you've Q A Q 12 described where she was physically violent toward Amy, - 13 about how many of those occurred prior to your separation? 14 Was this one or two or more than that? 15 16 17 18 A Q A lot more than that. Probably 50 or more. All right. MR. WAGNER: Excuse me. 50 or more? THE WITNESS: Yes. As far as -- if you're 19 talking about, like, physical beatings, I learned from 20 Domestic Relations, abuse would be, like, she took my 21 daughter's CDs and would break them one at a time, and ask, 22 do you like this one, what do you think of that, and would 23 do things like that. I call that abuse too. 24 BY MR. ANDES: - 25 Q So that's included in the total number of 50 28 - 1 2 3 of these incidents? A Q Yes. And she would take things that the girls 4 cherished and break them in front of the children? 5 A Yes. 6 Q Did you talk to her about that and ask her 7 to stop doing that? e 8 9 10 11 12 13 14 A Yes. We tried to discuss it and after a while it just -- we didn'tj that's why we separated because it would do no good. repair more things. It just ended up that I would have to Q Now, after you separated, the girls were going to school in Carlisle. How did they get to school? A They drove or the very beginning we would 15 drive them -- I would drive them or they would get rides. 16 Then we got them vehicles and they would drive themselves. 17 Q Were they involved in school activities, and 18 I am talking particularly about sports, like, soccer? - 19 20 21 22 23 24 25 A Soccer. Okay. Did they play in soccer games? Yes. Q A Q Did you attend the soccer games? A Yes, as many as I could. I coach also at Carlisle so if there was a conflict at the junior high level with the varsity, which usually there was not, I 29 e 1 couldn't attend or if they were too far away, like, if they 2 were in Chambersburg and I had to be in Carlisle, I could 3 not make the game but every game that I could make, I was 4 at all of their games. 5 Q So you coached at the junior high level and 6 there were times when your coaching obligations created a 7 conflict that you could not get to the girls' games? 8 9 A Q That's correct. Did you and your wife attend those games 10 together during that time? 11 A No. She didn't attend that I can remember. - 12 13 14 Q You do not remember her attending at all? A I saw her at one match sitting with a woman but I do not know who it was. 15 Q But you did not pick her up and you did not 16 take her to the games and she did not pick you up and you 17 two did not meet there and go together? 18 19 20 21 have. A Q No. Okay. MR. ANDES: That's all of the questions I 22 THE MASTER: Cross-examine. 23 CROSS-EXAMINATION 24 BY MR. WAGNER: e 25 Q In August of 1999 how would you describe the 30 - . e state of your love towards one another? A Our marriage was bad. Q Was it over with at that point? A Yes. Q Did you stop loving your wife as of August 1 2 3 4 5 6 of '99? 7 THE MASTER: I assume he knows what you mean 8 by love? That's a pretty big word. 9 THE WITNESS: Yeah, could you explain how 10 you interpret that? 11 BY MR. WAGNER: 12 13 14 Q That's my question to you, Slr. Were you ln love with your wife as of August of 1999? MR. ANDES: Well, I think that is a 15 legitimate clarification -- THE MASTER: Well, let him answer the 16 17 question. 18 THE WITNESS: Well, I felt sorry for the 19 situation we were In. I did not wish her any ill will. 20 BY MR. WAGNER: 21 22 23 lS. Q A So you did not love her? I don't know what your definition of love I did not wish her ill will. I think, you know, yes, 24 she lS an animal towards, like, the kids and stuff but -- 25 you can't love somebody who hurts your children. 31 -- . . 1 Q So you were not in love with her after 2 August of 1999? 3 A Yes. No marital love. 4 Q Now, in August of 1999 was there an 5 apartment rented by Leslie in Carlisle that you are aware 6 of? 7 8 A Q Could you repeat that again? Yes. In August, when you and she separated, 9 where did your wife move? 10 A I think she moved to a place on Chapel 11 Avenue. 12 13 14 Q And how long did she stay at the place on Chapel Avenue? A I'm not sure. Almost a year, I assume. I 15 am not sure. 16 Q Did she move from Chapel Avenue to somewhere 17 else? 18 A Then after Chapel Avenue -- I don't know the 19 date -- she moved to Franklin Street or Franklin something 20 ln Carlisle. 21 Did you ever visit her at the Franklin Q 22 Street address? 23 A I went up to get our vacuum cleaner back for 24 the house. 25 Q Did you ever visit her at Chapel Avenue? 32 ~ - . 1 I've been there a couple of times to get A 2 stuff back, probably. I can't remember. 3 Q Now, in August of 1999 did you and your 4 wife, on behalf of your two daughters, have discussions 5 concerning locating a residence in Carlisle for purposes of 6 establishing residence solely so your daughters could go to 7 Carlisle? 8 9 10 NOj not solely so that they could go to A Carlisle. Q Was that one of the reasons that you wanted 11 to get an apartment or a location in Carlisle? 12 13 That I wanted? Was there ever a discussion that the family A Q 14 had of getting an apartment in Carlisle, one of the 15 purposes of which was so that the daughters could attend 16 Carlisle High School and play soccer? 17 A When -- okay, I'm going to answer this. 18 With Carlisle -- I'm familiar with their program there and 19 the girls are, so, yes, that was one of the options with 20 their mother living there why they would choose between 21 22 23 24 25 Central Dauphin East and Carlisle. Q Well, it is not Central Dauphin East, it would be Cumberland Valley or Carlisle, correct? A Well, originally when you're talking August of '99 we were talking that we would be going over to live 33 ~ - . 1 at Central Dauphin -- near Central Dauphin East -- in the 2 Central Dauphin School District and that she was living ln 3 Carlisle, so the choices would not have been Cumberland 4 Valley at that time, but shortly after that when the house 5 fell through, we did not have a choice, so we would be in 6 Cumberland Valley. 7 Sir, throughout the calender year of 2000 Q 8 did you visit your wife at her place of employment on any 9 occasions? 10 11 Prior to 2000? During the calender year of 2000 did you A Q 12 visit your wife at her place of employment at Dickinson 13 14 15 College? A Q Yes, I could have. Could you tell us how many times you visited 16 her at Dickinson College at her place of emploYment? 17 Well, it's not visited, it would have been A 18 for a specific purpose, but if I went there I don't 19 remember the exact -- 20 Q Do you have a recollection of whether you 21 went to her place of employment at Dickinson more than ten 22 times in the calender year of 2000 or less than ten times? 23 A I don't know. I would say less than ten 24 25 times. I do not know. Q You didn't visit there regularly during the 34 Ie - . 1 calender year of 2000 to use, for example, her computer at 2 work? 3 A Not to my knowledge. I could not use her 4 computer because I don't have the user ID or password. 5 Q Did you ever visit I think you told us 6 that you visited the Franklin Street apartment. Could you 7 tell us, is that a home, is it an apartment, what is that, 8 if you know? 9 A It looked like a house and it was divided, I 10 guess, the first floor she was living there and, I guess, 11 someone was living on the second floor. I don't know. I 12 don't know how the second floor was divided. But the whole 13 14 first floor was -- Q After the separation in August of 1999 did 15 you and your wife refinance your marital home? 16 17 18 19 20 21 22 23 24 25 A Yes. Q When did you do that? A I don't remember the date. Q Did you do it in March of 2000? A I don't remember the date, sir. Q But it was after August of 1999? A Yes. Q Did you go to a settlement where you signed documents and papers and the bank loaned money and so forth? 35 e - e 1 A Yes. We were in deep financial trouble and 2 we were 3 Q Were you required to certify your residence 4 at that point? 5 A Not to my knowledge. 6 Q Did you certify your residence of you and 7 Leslie as 6 Pamela Place? 8 9 A Q I said not to my knowledge, sir. Did you buy any automobiles in the calender 10 year 2000? 11 A I'm not sure of the date. We did buy 12 automobiles. 13 Q You bought one for each of the girls, didn't 14 you? 15 A That's correct. 16 Q You signed affidavits under oath ln order to 17 make those transfers, did you not? 18 A We signed some papers. We didn't make an 19 oath or whatever. 20 Q You had to sign in front of a notary, didn't 21 you? 22 23 A Q Oh, okay. Yes. And didn't you swear -- when it was 24 notarized, didn't you swear that the information that you 25 put on that certificate was true and accurate to the best 36 e 1 2 of your knowledge? A She didn't ask that. I don't know. I just 3 signed papers. 4 5 6 Q What was the address listed on the documents as the address of you and your wife? A Probably where the kids lived, sir, because 7 they were their cars. 8 Q Sir, I'll show you what appears to be the 9 back side of a certificate of title for a sedan 1990 10 Volkswagon that appears as though there lS certification by you, signed by you and your wife and it appears as though 11 12 13 14 15 16 Place? - this occurred November 17th of the year 2000, I ask you first of all, is that your signature, sir? 17 18 19 Radich? 20 21 22 23 A Q Yes, it is. And does that list your address as 6 Pamela A Q Yes, it does. And what does it list the address of Mrs. A Q She is a co-purchaser so -- What is the address, sir? MR. ANDES: It does not list her address. THE WITNESS: It does not list her address. 24 BY MR. WAGNER: e 25 Q What is the address, sir, right here under 37 e 1 2 the purchasers column (indicating)? MR. ANDES: Well, let me object to the 3 question. The form has one address and it has two names. 4 There is no space to list a separate address for anyone 5 else. He answered it. 6 MR. WAGNER: No, he did not answer itj Mr. 7 Andes answered it. 8 THE MASTER: Now, wait a minute. I'll let 9 the record speak for itself. Will you, please proceed with 10 the question and answer. I'll look at the document. I 11 understand what it means. 12 BY MR. WAGNER: - 13 Q What is the address listed under both of 14 your names? 15 16 17 18 19 20 BY MR. WAGNER: e 21 22 23 24 25 MR. ANDES: Same objection. The Master has ruled that he will let the document speak for itself. THE MASTER: There is an address on it? MR. WAGNER: There is an address on it. THE MASTER: And there are two names on it. Q And your signature appears under the address? THE MASTER: And his signature appears, and that's what I got out of it. MR. ANDES: And we ought to mark this, I 38 e 1 2 3 guess, as an exhibit. MR. WAGNER: I intend to do that. MR. ANDES: Well, if we are going to have 4 him testify about a document, I would like to have it 5 marked so the record will identify what he is answering 6 about. 7 MR. WAGNER: I identified it with a name of 8 the vehicle so we are not confused by it. 9 BY MR. WAGNER: 10 Q I am going to show you a second one, sir. 11 It is a 1988 Volvo certificate of title - 12 13 14 MR. ANDES: I am going to object to him asking questions about a document that is not marked for the record. I do not mean to be terribly difficult but 15 later if we have to reconstruct this, we have got -- 16 THE MASTER: Mr. Wagner, do you intend to 17 offer these as exhibits -- e 18 19 20 21 22 23 24 25 MR. WAGNER: Through my client to identify the circumstances surrounding these THE MASTER: Well, you can offer them now. You can identify them now and then she can direct her testimony -- MR. WAGNER: I can do that. one and half a dozen of the other. THE MASTER: That's exactly right, and it lS It lS SlX to 39 e - - 1 2 3 just as easy to have them marked now. (Whereupon, Defendant's Exhibit NO.1 was marked for identification.) 4 MR. WAGNER: Thank you. That's been marked 5 as Defendant's Exhibit No. 1j that happens to be the title 6 to the 1990 Volkswagon dated November 17, 2000. Let's mark 7 this Exhibit No.2, please. 8 (Whereupon, Defendant's Exhibit NO.2 9 was marked for identification.) 10 BY MR. WAGNER: 11 12 13 14 15 16 17 18 19 Exhibit NO.2. Q Let me show you what has been marked as It appears to be a title for the 1988 Volvo. First of all, for whom was the Volvo purchased? A For my oldest daughter Amy Radich. And that was what date, sir? 7/11/2000. So that would be July the 11th 2000? Yes. Does your signature appear where it says Q A Q A Q 20 purchaser? 21 A Purchaser signature, yes. 22 Q Does your wife's signature appear where it 23 says purchaser? 24 25 A No, it's under co-purchaser. What is the address for the purchaser and Q 40 e 1 co-purchaser? 2 A For the purchaser, the address lS 6 Pamela 3 Place, Mechanicsburg, Pennsylvania 17055, and there is no 4 place for the co-purchaser's address. 5 Q And no one wrote in the margin or no one put 6 in parenthesis that Leslie Radich did not live at 6 Pamela 7 Place, did they? 8 9 A No, there is nothing on here, sir. Then is exhibit NO.1 dated 11/17/00, what Q 10 was that vehicle purchased for? 11 A The Volkswagon was purchased for Kristen 12 Radich, my youngest daughter? e 13 Q Same questions, there is no indication in 14 any margin or any parenthesis that Mrs. Radich has any 15 other address other than 6 Pamela Place, Mechanicsburg, 16 does it? 17 18 No, sir. A Q You just told us a moment ago that you guys 19 were not living together as of this date, why didn't you 20 put somewhere on that form that Leslie Radich was not 21 living at that address? 22 A We used the address where the children whose 23 cars they would be, that they were living with me. It a e 24 25 purchaser and it think of that. there is only one block. I didn't 41 e 1 2 Q A Why didn't you purchase it ln your own name? In one name? 3 Q Yeah, why didn't you put it in your name? 4 The girls were living with YOUj Leslie is not, why didn't 5 you just put it in your name? 6 A Because the Watson's were friends of hers, 7 and in fact, Linda Watson is her secretary or something so, 8 you know, I guess -- I don't know the reason -- I can't 9 remember why we did it. 10 Q How was the money paid for the vehicles, if 11 you know? - 12 13 14 A Q A Out of the account. What account, sir. I know it was not 23487. I'm not sure. It 15 was probably out of 17244. 16 17 work? 18 19 20 21 Q Do you have a computer at your place of A Q A Q Yes. And you have e-mail on that computer? Not anymore. Did you have e-mail throughout the calender 22 year 2000 and at the beginning of 2001? e 23 24 25 another? A Q Well, we have Lotus notes. Would you and Leslie regularly e-mail one 42 e - - 1 2 A Q Yes. Does this appear to be an e-mail from you to 3 her dated the 25th of October 2000? 4 5 A Q (No response) . Excuse me, sir. Is that an e-mail that you 6 sent to your wife? 7 8 A Q No. My e-mail does not show up this way. So you're testifying that that is not an 9 e-mail from you to your wife? 10 A I'm just telling you that the government 11 does not show up, like, the form like this. 12 Q Did you send that e-mail, no matter how it 13 14 shows up, to your wife? A No -- well, I can't say I didn't send it but 15 it could have been changed. Mine does not set up this 16 format. The government does not set up a format like this. 17 Q Would that format be the recelvers format? 18 A No, that would be the senders -- if I'm the 19 sender that is not my format. 20 Q So you're telling us that the content of 21 that e-mail was never sent by you to Mrs. Radich? 22 23 24 content to her? 25 A Q I -- Look at the content. Did you send that THE MASTER: Do you have other e-mails? 43 e 1 2 MR. WAGNER: Yes. THE MASTER: Let's take a break so he can 3 have a chance to look over them. 4 (Whereupon, a recess was taken.) 5 AFTER RECESS 6 7 THE MASTER: Mr. Wagner MR. WAGNER: Thank you. 8 BY MR. WAGNER: 9 Q Sir, on November 2000 did you give an MVP 10 award speech? e 11 12 13 14 15 A I don't remember, sir. Q I'm going to show what appears to be an e-mail dated Monday, November 20, 2000. It appears to be from you to Leslie, your wife, and the subject is the review by Leslie of your MVP award speech. First of all, 16 does that refresh your recollection that you gave an MVP 17 award speech? 18 19 A No, sir. You don't remember giving a speech about an Q 20 MVP award? 21 A Let me read this (reading). I coached 22 soccer (reading) -- well, this says Tyler Stinson from 23 Carlisle received the MVP. My recollection was Tony 24 Francovia and somebody else got the awards. e 25 THE MASTER: Let's move this along here. If 44 e 1 you don't remember, then you don't remember. 2 BY MR. WAGNER: 3 4 Q A Did you glve a speech? I gave a speech in the fall. I do not 5 remember the time. e 6 7 8 9 10 11 12 13 14 Q -Is the subject of that speech ln that e-mail? A (No response) . Q My question to you, sir, is: In November of 2000, having all of the animosity between you and your wife, why is that an e-mail -- A Wait. I lost your first question about the subject of the speech. This says MVP award speech. I'm not sure of the title but -- 15 Q Did you send the content of that document to 16 Leslie Radich bye-mail? 17 A This e-mail -- this does not look like my 18 e-mail -- 19 20 Q A Did you send the content of that to Leslie? The words, yeah, there could have been, 21 like, I did use these type of words but not -- this does 22 not look right. 23 Q Why did you ask Leslie for her input 24 concerning an MVP speech in soccer in November 2000 if you e 25 were not living together? 45 e 1 A The one kid that I can't remember his name, 2 his dad is a professor at Dickinson, yes, I did ask her for 3 certain her opinions on things. 4 Q I'm going to show you, well, first of all, 5 what lS your e-mail address? 6 A Michael underscore P underscore Radich at 7 FMSO dot Navy dot Mil. 8 Q As I show you each one of these documents 9 and I give you the date, you tell me if that is not your 10 e-mail. Okay. The next one is the 26th of October 2000, 11 do you remember sending the content of that e-mail to your 12 wife? e 13 A I don't remember the content of these 14 e-mails and this e-mail does not match the way my e-mail lS 15 sent out. 16 Q But it matches the way it is received by 17 Leslie, does it not? 18 A No. It sends the same way no matter who 19 receives it because, like, I just sent him an e-mail and 20 it's definitely not even close to this. 21 Q You did not send Leslie an e-mail that had 22 information concerning lunch money for you and certain 23 chores to be done around the house, in the fall of 2000? 24 You didn't do that? - 25 A I sent e-mails that had content like this 46 e 1 2 3 4 5 6 7 8 9 10 11 12 e 13 14 15 16 17 18 19 20 21 22 23 24 e 25 but this lS not - - it does not look like my format. THE MASTER: Let's not worry about the format. I don't care about the format. Did you - - the content lS what I am interested in. Did you send that e-mail with that content? I don't care about the format. THE WITNESS: (Reading). Yes, the content -- yes, I could have sent that content. Yes, things were very tight. BY MR. WAGNER: Q (Reading) It is lunch time and I have a 1:00 meeting. Amy needs money for tonight. Might as well give the same to Krissy to be fair. It goes down through. (Reading) Remind me to check the car's exhaust. It is on my list of things to do. Why would you send an e-mail talking about lunch money and your dates for meetings and information concerning taxes? Why would you send that to Leslie in October of 2000 if you guys didn't love each other and you weren't living together? A Because financially at that time we were several months behind on most of our bills, finances were tight. She would take money out there was not money left, you know, for, like, even the common things, like, groceries, kid's lunch money, and yes, I could do without Q Did you end it by saYlng, I love you? 47 e e - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 of them? A Q A Q Yes. And that's October of 2000? Yes. October 25th, 2000, is the content of that e-mail something that you sent to your wife? A (Reading) . THE MASTER: I thought you read all of these e-mails when I was out of the room. THE WITNESS: THE MASTER: MR. ANDES: Well, I did. All right. Well He didn't read them all. There is a hundred and some pages -- he read parts of them. THE MASTER: Are we going to go through all 15 MR. WAGNER: Well, I suggest to the Master 16 that the questioning that is being done is to the content. 17 They looked at the content. They looked at how it was done 18 and I suggest to you that this is just a way to avoid the 19 actual answer to a question, is the content of the e-mail 20 something sent, and that is what we are getting to. 21 22 23 24 25 THE MASTER: Now, wait a minute. What do you think they are doing? I am not interested in the format. I am not paying any attention to that. I am interested in whether the content was sent by him to his wife. 48 e 1 2 3 4 5 6 7 8 9 10 11 12 e 13 14 15 16 17 18 19 20 21 22 23 24 e 25 MR. WAGNER: Correct. THE MASTER: And he looked over something for 10 or 15 minutes while I was out of the room. MR. WAGNER: It was these documents. THE MASTER: So now, did he send these documents or didn't he. THE WITNESS: That last one I don't think I sent. MR. ANDES: There are -- I didn't count them -- there are between 50 and 100 pages of those. He read some of them and he handed them to me. I was able to read THE MASTER: Well, you wouldn't know if he sent them. MR. ANDES: Well, no. But just in terms of reading, I didn't have a chance to read them all. Many of them are not directed to her, they are copies of e-mails to other people apparently. For him to answer whether he sent an e-mail with that content, he has to read it. THE MASTER: Are you suggesting that we need to have some time for him to review these e-mails? MR. ANDES: No, I don't think we need to have that. THE MASTER: I don't want to sit here and wait until he reads everyone of these e-mails while he is 49 e 1 2 3 being questioned about it and go through everyone of these e-mails. MR. ANDES: I understand that. But if he is 4 going to be asked questions about the e-mails, he has to S have it in front of him to be able to look at it. 6 THE MASTER: Well, then do you want time to 7 review the e-mails? 8 MR. ANDES: Well, we've had time to review 9 the e-mails -- 10 THE MASTER: No, you haven't. Actually what 11 has happened here is we have evidence that has not been 12 shared with counsel, exhibits that have not been exchanged, - 13 and now we are coming in here to a hearing and we going 14 through the exhibits. We are not going to finish today lS anyway so I am going to continue this hearing and we are 16 going to reschedule it at another time. This is adjourned. 17 You can get your exhibits together and then I will listen 18 to the rest of the case. 19 (Whereupon, Court was adjourned at 2:S5 20 p.m.) 21 22 23 24 25 e so CERTIFICATION e I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. (;) Tral~~ Official Court Reporter - The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. :. 'LL~" ~ ~ I '7A.~ 1- Date jJ;~j fddL^-.-1 E. Robert Elicker, II Divorce Master e \. MICHAEL P. RADICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LESLIE A. RADICH, Defendant NO. 01-3675 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of October, 2002, upon consideration of Plaintiffs Petition for Exclusive Possession, a hearing is scheduled for Monday, December 30, 2002, at 1 :30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, I ' [l L-::;. J. esley Oler~- Jr., Samuel L. Andes, Esq. 525 N. 12th Street Lemoyne, PA 17043 Attorney for Plaintiff P. Richard Wagner, Esq. 2233 North Front Street Harrisburg, P A 17110 Attorney for Defendant . . /1-.' } D _ I <.f - O.L ~.r~ I C~. :rc .- wrJ LZ'.'Z: tl\ -t JO 1.0 ~-~ !:~. '~'.: .' '. '. \ \; \ '(t,') '\\ ~~..Ju '-,,-- ---------- . II MICHAEL P. RADICH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-3675 CIVIL TERM LESLIE A. RADICH, IN DIVORCE ORDER AND NOW this day of , 2002, upon consideration of the attached Petition for Exclusive Possession, a Rule is hereby issued upon the Defendant, Leslie A. Radich, to show cause, if any she has, why the relief prayed for therein should not be granted. The Rule is returnable days from the date of service and shall be served upon the Defendant's counsel of record. Pending further order of this court, the Plaintiff, Michael P. Radich is awarded exclusive possession of the marital residence at 6 Pamela Place in Mechanicsburg, Cumberland County, Pennsylvania. BY THE COURT, J. Distribution: I I I I I II II II I Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12th Street, Lemoyne, PA 17043 P. Richard Wagner, Esquire (Attorney for Defendant) 2233 North Front Street, Harrisburg, PA 17110 11 II ,I II MICHAEL P. RADICH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-3675 CIVIL TERM LESLIE A. RADICH, IN DIVORCE PETITION FOR EXCLUSIVE POSSESSION I I II Ii I I j I I I II II II II I AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and petitions the court to award him exclusive possession of the marital residence, based upon the following: 1. The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant. 2. The parties separated several years ago when Defendant moved to Carlisle and established her residence there. At that time Plaintiff remained in the marital residence at 6 Pamela Place in Mechanicsburg, Pennsylvania with the parties' two children, both of whom were minors at that time. 3. In 2001 serious marital difficulties arose between the parties and Defendant became angry at Plaintiff and both of the parties children who then resided with Plaintiff. As a result of Defendant's anger, she came to the residence and assaulted the parties' older child and Plaintiff. 4. As a result of the disturbances between the parties, and Defendant's abuse of Plaintiff and the children, Plaintiff filed an action before this court for relief under the Protection from Abuse Act. That action was filed to No. 2001-1305 Civil Term. 5. In the protection from abuse action, following a hearing, Defendant was excluded from the marital residence at 6 Pamela Place in Mechanicsburg, Pennsylvania, an ordered to stay away from Plaintiff and the children. 6. The order entered by this court in the protection from abuse action was successful in protecting Plaintiff and the children from Defendant and there have been no acts of abuse or intrusion at the residence since that order was entered. 7. The order entered by this court in the protection from abuse action has expired or will expire shortly. Defendant has indicated her plan to attempt to move back into the II II family residence, against Plaintiff's will and without his consent, promptly upon the expiration of the order. 8. Plaintiff believes it is necessary that he be awarded exclusive possession of the marital residence at 6 Pamela Place for the following reasons: A. It is and continues to be the residence of Plaintiff and the older of the two parties' children; and B. If Defendant returns to the residence he believes she will resume her abusive conduct toward both Plaintiff and the parties' daughter; and C. He believes that the Defendant's return to the residence will result in physical confrontations and, quite possibly, physical violence directed at himself or the parties' older child; and D. The Defendant's return to the marital residence, even if she is not assaulted or abusive, will greatly disrupt the lives of Plaintiff and the parties' older daughter. 9. Defendant has an adequate place to live and has lived there without any difficulty since the parties separated more than two years ago. It is not necessary for Defendant to return to the marital residence to live comfortably. WHEREFORE, Plaintiff petitions this court to award him exclusive possession of the residence at 6 Pamela Place in Mechanicsburg, Cumberland County, Pennsylvania, and to exclude Defendant from that residence until further order of this court or until the divorce action between the parties is concluded and the assets of the parties aredistributed. sa~ Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I' II II VERI FICA TION I verify that the statements made in this Petition are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ID/2-/0..L /lJ2UI!/ ~ MICHAEL P. RADICH i Ii ii ii Ii iI :1 II II II I I I I II I II Ii il I, 'I Ii Ii I I II II II II i I I I j 'I II I, ! I I I I II II CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Petition for Exclusive Possession upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Hershey, PA 17110 Date: 4 October 2002 Harkins Secretary for Samuel L. Andes II 0 ':::-J r--'l c:: ......... ' ;'~1 :: '-:l .. .. ") ....-., ~-~,! I ~ ~ ;- 1) _....~; - I ... ---:.., # . MICHAEL P. RADICH, Plaintiff v. LESLIE A. RADICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-3675 CIVIL TERM PETITION FOR EXCLUSIVE POSSESSION ORDER OF COURT AND NOW, this 30th day of December, 2002, upon consideration of the attached letter from Samuel L. Andes, Esq., attorney for Plaintiff, the hearing previously scheduled for December 30, 2002, is cancelled. .l"Samuel L. Andes, Esq. 525 N. 12th Street Lemoyne, P A 17043 Attorney for Plaintiff :> v' P. Richard Wagner, Esq. 2233 North Front Street Harrisburg, PA 17110 Attorney for Defendant :rc BY THE COURT, f1~~nJ L~ f) R'R }~-31-()~ ,4"\ ;'<?::\). U "J" '" c(-: \ \. '\:-~\. ~\ r.....";...... , ~. \ ,\' -..\..,..\ --------------------- ----.-. ,--- 717-761-1435 SAM ANDES 837 P01/01 DEe 30 '02 14:01 ). of SAMUEL L. ANDES ATTOBQV AT LAW o~o .l'<Ol!l:'rH TWBL:l"Tn STRDIlT P. O. BOX 188 ~EMOYNE.PBNW~YLVANIA 17040 TELEPllON8 (tit) "el-1li381 30 December 2002 PAX (717) 7CH'143:1 SENT BY FAX & REGULAR MAIL l24D-6462J The Honorable J. Weslev Oler Judge of the Court of Common Pleas Cumberh:mu Cuunly Courthou5e 1 Courthouse Square Carlisle, PA 17013 RE: Radich VS. Radich Dear Judoe Olar I write to confirm the messayt: lilY office conveyed to you earlier today regarding the hearing scheduled in the above matter for this afternoon. The parties have reached agreement which will make that hearing unnecessary. We hope to have all of the matters resolved by written agreement in the near future and, at that time, the petition will be withdrawn and the divorce action will be finalized. In the meantime, on behalf of petitioner Michael Radich, I request that you cancel the hearing scheduled for today. Sincerely I Samuel L. Andes amh cc: P. Richard Wagner, Esquire (via fax) Michael P. Radich /7 !::n - L.l :) \J 0 r,,_ ~'uL/:~) II .. MICHAEL P. RADICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-3675 LESLIE A. RADICH, Defendant IN DIVORCE ORDER OF COURT AND NOW this ~ day of ~ ~ \ ) , 2003, upon consideration of the attached Motion, we hereby schedule a hearing on the Plaintiff's Petition, filed on March 19, 2003, to be held in Court Room No. L of the Cumberland County Courthouse in Carlisle, Pennsylvania, commencing at ,:;;?: /!( fJ .m. on ~d~ the l,at day of M' j-JJ-teAJ . 2003. BY THE COURT, J. Distribution: ~amuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12th Street, P.O. Box 168, Lemoyne, PA 17043 ....p. Richard Wagner, Esquire (Attorney for Defendant) 2233 North Front Street, Harrisburg, PA 17110 \j ~f1 RVS 07-~~ -CJ3 ~l4J/!l, ~_~d 7bl/~3 /["U '-~ . '-, '-"""'1') f ':; ii, II MICHAEL P. RADICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-3675 LESLIE A. RADICH, Defendant IN DIVORCE MOTION FOR HEARING AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and moves the court to schedule a hearing on the Petition he filed in this matter on 19 March 2003, requesting that this court compel Defendant to execute and transfer titles to motor vehicles and to remove motor vehicles from Plaintiff's home. s~~~~ Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 1 7043 (717) 761-5361 II . . CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Motion upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Hershey, PA 17110 Date: 9 July 2003 o~ Yn.Lf/olii/lf12 Amy . Harkins Secretary for Samuel L. Andes t.., ). c:::;;- o t.J ..(::. ro " ~ ...J> ~ en . ) - ; I~ I '... (-, ...;.-:! ---., - MICHAEL P. RADICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LESLIE A. RADICH, Defendant CIVIL ACTION - LAW NO. 01-3675 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of October, 2003, upon notification that the parties have reached an agreement, it is ordered and decreed that: 1. By the close of business Friday, October 3rd, 2003, both parties shall appear at the AAA on Trindle Road, Mechanicsburg, Pennsylvania, where they shall execute all documents necessary to secure duplicate titles of a 1996 Chevrolet Lumina currently titled in both names and a 1988 Volvo 240, which is also currently titled in both names. Each party will be responsible to pay the cost of obtaining the duplicate title with husband paying the cost of obtaining the duplicate title to the Volvo and wife paying the cost of obtaining the duplicate title to the Lumina. 2. Upon securing a duplicate title, the parties shall execute the title in order to transfer the 1988 Volvo 240 onto Amy Radich, daughter of the parties. Husband shall then pay the expense of this transfer. 3. Upon securing the duplicate title to the 1996 Chevrolet Lumina, the parties shall execute the title '-il r...:\/; \1)" Si'!~\13 d ,'dNf":,"'"'" r' ;~c.~~Jn~ S~ :fjf 1'1;.' ~\;: I} / -. : :1'U' ~r'l ..-\oJ' ...".... Ab\' ..... transferring the Lumina onto wife, wife paying the expense of this transfer. 4. Wife shall, within ten days hereof, cause the Chevrolet Lumina to be removed from the property of the husband by a salvage business at the wife's sole expense. Husband is hereby authorizing the salvage company to enter upon his property for the purposes of removing the Lumina and does waive any claim for damages to his lawn done willfully by such salvage company. 5. If AAA is able to transfer the titles to the vehicles at the same time as the application for duplicate titles, the parties shall cooperate and execute both the application for the duplicates and the transfers at the same time. By the Court, ~amuel L. Andes, Esquire For the Plaintiff /'Richard Wagner, Esquire For the Defendant > RXs JO- O:t ~ (f3 :lfh MICHAEL P. RADICH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO: 01-3675 CIVIL TERM CIVIL ACTION - LAW LESLIE A. RADICH, IN DIVORCE Defendant. NOTICE OF INTENTION TO RESUME PRIOR NAME NOTICE IS HEREBY GIVEN that the PLAINTIFF in the above ~ matter,~~: been granted a final Decree in Divorce on the ,"1 - day of. ,'. , 20~3, hereby intends to resume and hereafter use the prev,ous name of LESLIE A. ROSETE and gives this written notice avowing her intention in accordance with the provisions of the Act of April 2, 1980, P.L., 23 P.S. Section 702 (effective July 1, 1980). r TO BE KNOWN AS: /""{ / ;l ~.,(}/' ( 0 I . '. slie A'. Ros COMMONWEALTH OF PENNSYLVANIA COUNTY OF Jfc2.cf k .~ ON THE rot-~ day of ,~v\LL~@{ ,201:i3. before me, a Notary Public, personally appeared Les ie A. Radich, known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. SSe IN WITNESS WHEREOF, I have hereunto hand and seal. a ary Public r~'-E~'-I'-N~~~I- I till Y A. Wrse N ! '. 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