Loading...
HomeMy WebLinkAbout02-1131GARY RADABAUGH, Plaintiff RHONDA RADABAUGH, Defendant : IN THE COURT OF COMMON PLEAs : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action, you arc warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim of 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 thc marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary. 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 LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 GARY RADABAUGH, Plaintiff RHONDA RADABAUGH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT COUNT I DIVORCE UNDER SECTION 3301(C) OR 33010)) OF THE DIVORCE CODE 1. Plaintiff is Gary Radabaugh, an adult individual who is sul juris and resides at 131 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Rhonda Radabaugh, an adult individual who is sui juris and resides at 131 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Both Plaintiffand Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 10, 1997, in Camp Hill, Pennsylvania. 5. There was one child bom to this marriage, Seth R. Radabaugh, bom February 21, 1999, age 3. 6. In 1998, Plaintiffadopted the natural son of Defendant, Jared Radabaugh, born July 17, 1989. 7. There have been no prior actions of divorce or for annulment between the parties. 8. Plaintiff has been advised of the availability of counseling and the fight to request that the Court require the parties to participate in counseling. 9. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 10. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c): The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date &filing this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d): The marriage of the parties is irretrievably broken. The Plaimiffand Defendant separated on or about February 19, 2002. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 11. Plaintiff and Defendant have acquired property during their marriage, which is subject to equitable distribution by this Court. 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests the Court to equitably divide the property owned by the parties hereto. WHEREFORE, the Plaintiff requests the Court to enter a Decree:: a. dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; and c.. for such further relief as the Court may determine equitable and just. Date: Respectfully Submitted, /P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney For Plaintiff GARY RADABAUGH, Plaintiff RHONDA RADABAUGH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT GARY RADABAUGH, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4909 relating to unsworn falsification to authorities. VERIFICATION Upon my personal knowledge or information and belief, I hereby verify that the facts averred in the foregoing Complaint are tree and correct to the best of my knowledge, informal/on, and belief. I understand that false statements herein made are subject to the criminal penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Date: .~-/- 0,2. I verify that I have reviewed this form with my client and to the best of my knowledge the allegations herein are tree and correct. Id. No. l 126 L0~ ~(en(~, Esquire' 347 ~st Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney For Plaintiff GARY RADABAUGH, Plaintiff vs. RHONDA RADABAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1131 CIVIL TERM IN DIVORCE REQUEST FOR COUNSELING The undersigned hereby requests this court to order and direct both parties to attend marriage counseling, in accordance with the Pennsylvania Divorce Code and the Pennsylvania Rules of Civil Procedure, and to stay all proceedings in this action until such time as the parties have completed the mandatory counseling required by the Statute and the Rules. Rhonda S, Radabaugh CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Request for Counseling upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Jay R. Braderman, Esquire 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 Date: 21 March 2002 Attorney for Defendant GARY RADABAUGH, Plaintiff Vo RI-IONDA RADABAUGH, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-1131 CIVIL TERM · CIVIL ACTION - LAW · DIVORCE PETITION RAISING ECONOMIC CLAIMS AND NOW, this ~ day of ~ ,2003, comes the Plaintiff, Gary L. Radabaugh by his attorney, Diane G. Radcliff, Esquire, and files this Petition Raising Additional Economic Claims and represents that: e The Petitioner is Gary L. Radabaugh, an adult individual who currently resides 131 Salem Church Road, Mechanicsburg, Cumberland County, PA 17050 and is the Plaintiff in the above captioned divorce action. The Respondent is Rhonda S. Radabaugh, an adult individual residing at 30 Greenmont Drive, Enola, Cumberland County, PA 17025 and is the Defendant in the above captioned divorce action. This action was initiated by the filing of a Complaint in Divorce by the Petitioner on March 6, 2002. In that Complaint Petitioner raised the economic claim of equitable distribution in addition to claims for divorce under Section 3301 (c) and 3301 (d) of the Divorce Code. 4. The Petitioner desires to raise additional claims for economic relief as hereinafter set forth. COUNT I EQUITABLE DISTRIBUTION Se Paragraphs 1 through 4 are incorporated by reference hereto as fully as though the same were set forth at length. Petitioner and Respondent have acquired property, both real and personal, and incurred debts during their marriage during the period from May 10, 1997, the date of their marriage, until, the date of their separation, all of which are "marital propertf' or "marital debts". e Petitioner and/or Respondent have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". Petitioner and Respondent have been unable to agree as to an equitable division of the marital property and marital debts as of the date of the filing of this Complaint. WHEREFORE, Petitioner requests this Honorable Court to equitably divide all marital property and debts of the parties. COUNT II ALIMONY PENDENTE LITE, AI,IMONY Paragraphs 1 through 4 are incorporated by reference hereto as fully as though the same were set forth at length. 10. Petitioner lacks sufficient property to provide for his reasonable means and is unable to support himself through appropriate employment. 11. Petitioner requires reasonable support to adequately maintain himself in accordance with the standard of living established during the marriage. WHEREFORE, Petitioner requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. COUNT III COUNSEL FEES, COSTS AND iEXPENSES 12. Paragraphs 1 through 4 are incorporated by reference hereto as fully as though the same were set forth at length. 2 13. Petitioner has employed legal counsel in this case, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 14. Petitioner has or will incur costs in this action including, but not limited to, costs for various experts to appraise the parties' marital assets, and does not have the funds to pay the necessary and reasonable fees, costs and expenses. WHEREFORE, Petitioner requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to Order such additional sums hereafter as may be deemed necessary and appropriate and at final heating to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, D~~7~CLIFF, ESQUIRE 3~Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Petitioner VERIFICATION Gary Radabaugh verifies that the statements made in this Petition Raising Economic Claims are true and correct. Gary Radabaugh understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. G~ABAUGH CONNOR, WEBER & OBERLIES By: William J. Coppol, Esquire Attorney I.D. No. 84666 Suite 1C-47, The Philadelphian 2401 Pennsylvania Avenue Philadelphia, PA 19130 (215) 978-2910 Attorneys for Defendants, Byron R. Kadur, incorrectly identified as Byron R. Kadur and Stranahan Industries, Inc. DEBORAH M. TROUTMAN and CARL TROUTMAN BYRON R. KADUR, DAVID A. : LAPOINTE, DAVID A. STRANAHAN, : STRANAHAN INDUSTRIES, INC., : individually and t/d/b/a FRENCH : MOUNTAIN TRANSPORT, FRENCH : MOUNTAIN LOG HOMES and FRENCH : MOUNTAIN FOREST PRODUCTS : INC. and FRENCH MOUNTAIN FOREST : PRODUCTS, INC., individually : CERTIFICATE PREREQUI~TETO SERVICE OF A SUBPOENA PURSUANT TO RULE4009.22 COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 02-1823 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, defendants, Bryon R. Kadur, identified as Bryon R. Kadur and Stranahan Industries, Inc., and David A. LaPointe, certifies that: A Notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas are sought to be served; A copy of the Notice of Intent, including the proposed subpoenas, is attached to this certification; 3. No objection to the subpoenas have been received; and The subpoenas which will be served are identical to the subpoena which are attached to the Notice of Intent to Serve the Subpoena. DATED: April 21. 2003 CONNOR, WEBER & OBERLIES Willian~ J. Q~t~i,/Esquire ! Attorneys for De'f~' dants, Bryon R. Kadur, incorrectly identified as Byron R. Kadur and Stranahan Industries, Inc. CONNOR, WEBER & 0BERLIE$ By: William J. Coppol, Esquire Attorney I.D. No. 84666 Suite 1C-47, The Philadelphian 2401 Pennsylvania Avenue Philadelphia, PA 19130 (215) 978-2910 Attorneys for Defendants, Byron R. Kadur, incorrectly identified as Byron R. Kadur and Stranahan Industries, Inc. DEBORAH M. TROUTMAN and CARL TROUTMAN BYRON R. KADUR, DAVID A. LAPOINTE, DAVID A. STRANAHAN, STRANAHAN INDUSTRIES, INC., individually and t/d/b/a FRENCH MOUNTAIN TRANSPORT, FRENCH MOUNTAIN LOG HOMES and FRENCH MOUNTAIN FOREST PRODUCTS INC. and FRENCH MOUNTAIN FOREST PRODUCTS, INC., individually COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 02-1823 NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants, Bryon R. Kadur, incorrectly identified as Bryon R. Kadur and Stranahan Industries, Inc., and David A. LaPointe intends to serve subpoenas identical to the ones that are attached to this notice, on the following Custodians of Records: KHP Central You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. CONNOR, WEBER & OBERLIES DATED: William' J. (~pp~l~ Esquire' 1 Attorney for 13~fendants, Bryon R. Kadur, incorrectly identified as Byron R. Kadur and Stranahan Industries, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH M. TROUTMAN and . CARL TROUTMAN . Plaintiffs . V. BYRON R. KADUR, DAVID A. LAPOINTE, DAVID A. · .STRANAHAN, STRANAHAN INDUSTRIES, INC., · individually and t/dPo/a FRENCH MOUNTAIN TRANSPORT, · FRENCH MOUNTAIN LOG HOMES and FRENCH · MOUNTAIN FOREST PRODUCTS INC. and FRENCH · MOUNTAIN FOREST PRODUCTS, INC., individually · Defendants COURT OF COMMON PLEAS No. 02-1823 Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 TO: KHP Central, Legal Department; 300 CorPorate Center Drive, Camp Hill, PA 1701] (Name of Person or ~ntity) - Within twenty (20) days after the service of this subpoena, you ar~ ordered by the Court to produce the following documents or things: See attached Schedule of Documents at Suite 1C47, The Philadelphian, 2401 Pennsylvania Ave., Phila,, PA, 19130 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Date:~ [SEAL] 10-238 Name: William J. Coppol, Esquire CONNOR, WEBER & OBERLIES Address: Suite 1C47, The Philadelphian 2401 Pennsylvania Avenue Philadelphia, PA 19130 Telephone: (215) 978-2910 Supreme Court ID # 84666 Attorney for Defendants, Bryon R. Kadur, incorrectly identified as Bryon R. Kadur and Stranahan Industries, Inc. and David A. LaPointe COMMONWE~ OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH M. TROUTMAN and CARL TROUTMAN Plaintiffs Vo BYRON R. KADUR, DAVID A. LAPOINTE, DAVID A. STRANAHAN, STRANAHAN INDUSTRIES, INC., individually and t/d/b/a FRENCH MOUNTAIN TRANSPORT, : FRENCH MOUNTAIN LOG HOMES and FRENCH : MOUNTAIN FOREST PRODUCTS INC. and FRENCH : MOUNTAIN FOREST PRODUCTS, INC., individually : Defendants COURT OF COMMON PLEAS No. 02-1823 TO: KHP Central. Leqal Department. 30~orpora~e Center Drive. Camp Hill. PA 17011 (Person Serve~ with Subpoena) You are required to complete the following Certificate of Compliance with producing documents or things pursuant to the Subpoena. Send the documents or things, along with Certificate of Compliance (with your original signature), to the person at whose request the subpoena wa~ issued (see address on the reverse). Do mot sen~ the documents or things, or the Certificate of Compliance, to the Prothonotary's Office. Certificate of Compliance With Subpoena To Produce Documents or Things Pursuant to Rule 4009.23 (Person Served with Subpoena) certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced. (Date of Subpoena) Date: (Signature of Person Served With Subpoena) 10-238 (Reverse) Any and al/documents, records and writings, including, but not I/m/ted to, reports, doctor's notes, nurse's notes, charts, consulting physician's reports or notes, x-ray films and reports, htR/ films and reports, CT Scan films and reports, and any other diagnostic test films and reports, bills, claim forms, correspondence, memoranda and any and all other documents or records pertaining to all claims fi.om 1990 through the present, made by Deborah Troutman, date of birth: 04/23/62; Social Security #209~48-7701 under KHP Central issued to Deborah Troutman, 411 Cassel Street, Marysville, Pennsylvania, 19053. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY RADABAUGH, Plaintiff V. RHONDA RADABAUGH, Defendant NO. 02-1131 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF THE SAID COURT: Please enter the appearance of Diane G. Radcliff, Esquire, as attorney for the Plaintiff, Gary Radabaugh, in the above captioned matter. Respectfully submitted, Camp Hill, PA 17011 PHONE: (717) 737-0100 Fax: (717) 975-0697 I.D. No. 32112 Attorney for Plaintiff GARY RADABAUGH, Plaintiff Vo RHONDA RADABAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-1131 Civil Term · CIVIL ACTION - LAW · IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance as attorney for the above-named Plaintiff, Gary Radabaugh. Date: /126 Locus! Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY RADABAUGH, Plaintiff V. RHONDA RADABAUGH, Defendant NO. 02-1131 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVIC~ I hereby certify that a true and correct copy of the Complaint in Divorce has been served upon the Defendant, Rhonda Radabaugh, by Certified Mail, Restricted Delivery on March 12, 2002. The return receipt is attached hereto as Exhibit "A" and made a part hereof. ctful v ubmitted, :7 Locust Street .0. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY RADABAUGH, Plaintiff V. RHONDARADABAUGH, De~nd~t NO. 02-1131 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR ORDER FOR ALIMONY PENDENTE LITE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, this day of ,2003, comes the Petitioner, Gary Radabaugh, who files the this Petition for Alimony Pendent Lite and respectfully represents that: 1. Petitioner, Gary Radabaugh, is an adult individual residing at 131 Salem Church Road Mechanicsburg, Cumberland County, PA 17050, and is the Plain~fiff in the above captioned divorce action. 2. Respondent, Rhonda Radabaugh, is an adult individual residing at 30 Greenmont Drive Enola, Cumberland County, PA 17025, and is the Defendant in the above captioned divorce action. 3. Petitioner and Respondent were married on May 10, 19'97, at Cumberland County, PA and separated on May 29, 2002. 4. Respondent has not sufficiently provided support for the Petitioner. 5. Petitioner is not on a financial par with Respondent in prosecuting and/or defending this Divorce Action, and is unable to support herself in accordance with the standard of living established during the marriage. 6. The within action was instituted by the filing of a Divorce Complaint by Plaintiff, Gary Radabaugh on March 6, 2002. 7. In the Petition Raising Economic claims filed on April 24, 2003, Petitioner raised a claim for Alimony Pendente Lite. - 3_ - o 10. This Petition is filed to secure the entry of an order for alimony pendente lite on the Plaintiff's claim for Alimony Pendente Lite. A background information sheet pertaining to this claim fi>r Alimony Pendente Lite is being filed with Domestic Relations concurrently herewith as required by Local Rules of Court. The amount of Alimony Pendente Lite requested by the Petitioner is the maximum amount provided for under the guidelines. WHEREFORE, Petitioner prays that the Court enter an Order: a. Requiring the Respondent to pay the Petitioner Alimony Pendente Lite in the maximum amount provided for by law under the state support guidelines; b. Requiring the Respondent to provide medical insurance and support for the Petitioner. Respectfully subnfitted, CLIFF, ESQUIRE acl Camp Hill, PA 1'7011 Supreme Court ID # 32112 Phone: (717) 737.-0100 Fax: (717) 975-0695 Attorney for Petitioner - 2 - VERIFICATION I verify that the statements made in this Petition for Alimony Pendent Lite 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 unsworu falsification to authorities. -~rA~TR~DABA~GH / DATE: ~,~--'_ ~C (9 ~' GARY RADABAUGH, : Plaintiff/Petitioner : VS. : RHONDA RADABAUGH, : Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2002-1131 CIVIL TERM IN DIVORCE Pacses# 613105727 ORDER OF COURT AND NOW, this l 5th day of August, 2003, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on August 211 2003 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. NOTE: This petition will be heard at the same time as the Petition for Modification filed on case # 778104545. YOU are further ordered to bring to the conference: (1) a tree copy of your most recent Federal lncome Tax Return, including W-2's as filed (2) your pay stubs lbr the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Mail copies on 8-15-03 to: Petitioner < Respondent Diane Radcliff, Esquire Constance Brant, Esquire Date of Order: August 15, 2003 BY THE COURT, George E. Hoffer, President Judge R. J. Sl-tadffay, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUNIBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION GARY L. RADABAUGH, Plaintiff RHONDA S. RADABAUGH, Defendant NO. 02-1131 CIVIL ACTION-LAW : : IN DIVORCE INCOME AND EXPENSE STATEMENT OF GARY L. RADABAUGH CONFERENCE OR HEARING DATE: August 21, 2003 I verify that the facts set forth in the following Income and Expenses Form, including all attachments thereto, are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. DATE: - 1 - PART I. INCOME A. EMPLOYMENT INFORMATION: EMPLOYER: Radabaugh Heating and A/C ADDRESS: 5364 Brandy Lane, Mechanicsburg, PA POSITION: Owner/Operator PAY PERIOD: Various - Figures below are annual and are based on tax returns for the years indicated B. BUSINESS INCOME: Tax Return DESCRIPTION 2002 2001 Line No. Line I Gross Annual Sales or Receipts $621,569.00 $640,975.00 Line 2 Returns and Allowances Line 3 Subtract Line 2 from Line I $621,569.00 $638,210.00 Line 4 Costs of Goods Sold ($251,620.00) ($275,621.00) Line 5 Gross Profits $369,949.00 $362,589.00 Line 6 Other Income $0.00 $0.00 Line 7 Gross Income $369,949.00 $362,589.00 Line 8 Advertising ($16,442.00) ($14,701.00) Line 9 Bad Debts from Sales or Services Line 10 Car and Truck Expenses ($32,123.00) ($29,169.00) Line 11 Commissions and Fees Line 12 Depletion Line 13 Depreciation Line 14 Employee Benefit Programs ($37,209.00) ($48,333.00) Line 15 Insurance (Other than Health) ($11,274.00) ($16,861.00) Line 16 A Interest - Mortgages (Paid to Banks, Etc.) Line 16 B Interest - Other ($1,636.00) ($1,746.00) Line 17 Legal and Professional Services ($3,852.00) ($2,635.00) Line 18 Office Expense ($2,727.00) ($3,447.00) - 2 - Tax Return DESCRIPTION 2002 2001 Line No. Line 19 Pension and Profit Sharing Plans Line 20A Rent or Lease of Vehicles, Machinery and Equipment ($22.00) Line 20B Rent or Lease o£ Other Business Property ($13,200.00) ($13,200.00) Line 21 Repairs and Maintenance ($1,656.00) ($2,117.00) Line 22 Supplies ($4,221.00) Line 23 Taxes and Licenses ($18,084.00) ($16,130.00) Line 24 A Travel ($329.00) ($108.00) Line 24 B Meals and Entertainment Line 24 C Nondeductible Amount Line 25 Utilities ($5,530.00) ($5,246.00) Line 26 Wages ($170,368.00) ($157,337.00) Part V Page 2 Other Expenses: Uni£orms ($1,866.00) ($1,889.00) Part V Page 2 Other Expenses: Bank Charges Visa and MC ($1,659.00) ($1,455.00) Part V Page 2 Other Expenses: Prot'. Dues and Pub ($1,681.00) ($1,335.00) Part V Page 2 Other Expenses: Pager ($902.00) ($1,009.00) Part V Page 2 Other Expenses: Answering Serv. ($2,184.00) ($2,217.00) Part V Page 2 Other Expenses: Cell Phone Serv ($6,809.00) ($6,195.00) Part V Page 2 Other Expenses: Business Donations ($1,089.00) ($645.00) Part V Page 2 Other Expenses: Help Wanted Ads ($2,051.00) ($545.00) Part V Page 2 Other Expenses: Prof. Ed. ($395.00) Part V Page 2 Other Expenses: Small Expendable Tools ($1,202.00) Line 28 Total Expenses Before Expenses for Business Use of Home ($333,895.00) ($330,936.00) Line 29 Tentative Profit (Subtract Line 28 from Line 7) $36,054.00 $31,653.00 Line 30 Expenses for Business Use of Home $0.00 $0.00 Line 31 Net Profit (Subtract Line 30 from Line 29) $36,054.00 $31,653.00 Pre-Tax Net profit Converted to Monthly Amount $3,004.50 $2,637.75 NOTES: 1. Owner's health insurance is not taken as a deduction as a business expense. Instead half of his health insurance costs appear as a deduction on Line 30 page 1 of form 1040 ~ $454.00 for 2002. Insurance costs for gary radabaugh and the 2 children is ~ $351.19 per month. Income is taken as a weekly draw. 1/1/03-3/28/03 ~ $550.00 per week. 4/4/03-5/15/03 ~ $400.00 + child support of $185.54 for a total of $585.54 per week. 5/16/03 to present ~ $400.00 + child support of $191.3 IL for a total of $591.31 per week. C. OTHER INCOME: DESCRIPTION MONTHLY YEARLY Interest Dividends Pensions Annuities Social Security Rents Royalties Expense Account Gifts Unemployment Compensation Workman's Compensation Income Tax Refunds Support or Alimony Commissions Tips Other (Specify): TOTAL OTHER INCOME $0.00 $0.00 - 4 - PARTII. EXPENSES DESCRIPTION MONTHLY EXPENSES HOME EXPENSES: Rent First Mortgage (Marital Home - Jointly Owned) $1,193.30 Second Mortgage/Home Equity Maintenance And Repairs $50.00 Electric $72.31 Gas Oil $110.55 Telephone $37.33 Water $20.13 Sewer $33.00 Trash EMPLOYMENT Public Transportation Lunches $130.00 Other Expenses(Specify): TAXES: Real Estate Taxes Escrow - Part of Mortgage Payment Personal Property Taxes Income Taxes Not Withheld Per Capita/Occupation Taxes $27.08 INSURANCE: Homeowners Insurance Escrow - Part of Mortgage Payment Automobile Insurance $48.58 Life Insurance Disability Insurance $154.98 - § - DESCRIPTION MONTHLY EXPENSES Health Insurance $351.19 Other Insurance (Specify): Boat Ins. $15.45 AUTOMOBILE EXPENSES: Payments Fuel $85.00 Maintenance And Repair $45.00 License And Registration $3.00 MEDICAL EXPENSES NOT COVERED BY INS.: Doctor $5.00 Optical $32.00 Dental $18.00 Orthodontic Hospital Medicine $33.35 Special Needs(Specify): EDUCATIONAL EXPENSES: Private/Parochial School College/Vocational Books/Fees And Supplies PERSONAL EXPENSES: Clothing $75.00 Food and Other Grocery Items $350.00 Barber And Hair Dresser $15.00 Memberships DESCRIPTION MONTHLY EXPENSES CREDIT CARDS AND LOANS: Credit Card $330.00 MISCELLANEOUS EXPENSES: Household Help Child Care Newspapers/Magazines/Books $5.00 Entertainment $200.00 Pay TV $39.64 Vacations $165.00 Gifts $85.00 Legal Fees $855.00 Charitable Contributions $230.00 Other Child Support (Not this case) Spousal Support or Alimony (Not this case) Dog $30.00 House Appraisal $25.00 Current Child Support Order $829.00 TOTAL EXPENSES $5,698.89 - 7 - PART IlL PROPERTY OWNED PROPERTY OWNED OWNERSHIP TYPE DESCRIPTION VALUE H W JT Checking 200.00 X Savings American Express 20,305.00 X Credit Union PSECU 259.00 X Stocks/bonds Real Estate home 152,000.00 X Other 401K Plan 5,022.00 X TOTAL 177,786.00 ///~/// ~ PART IV. INSURANCE INSURANCE INFORMATION COVERAGE TYPE COMPANY POLICY NO. H W C Hospital Health America 194428264-1 X X Medical Health America 194428264-1 X X Health Accident Disability Income Federated Life 6:35633 X Dental Federated Life 6135633 X Vision Federated Life 635633 X Other-Specify *H=Husband; W=Wife; J=Joint; C=Child - 8 - GARY RADABAUGH, Plaintiff Vo RHONDA RADABAUGH, Defendant : IN THE COURY OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-1131 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 6, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Con~tplaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworu falsification to authorities. DATE: G?AI~ RATDABAUGH, Plaifi~fff-- GARY RADABAUGH, Plaintiff RHONDA RADABAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-1131 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 6, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed fi.om the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are: true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. DATE: RHONDA RADABAUGH, Defendant In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION GARY L. RADABAUGH Pl~miff/Petitioner RHONDA S. RADABAUGH Defendant/Respondent ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 02-1131 CIVIL 613105727 ORDER AND NOW, to wit on this 17Tn DAY OF SEPTEMBER, 2003 IT IS HEREBY ORDERED that the C) Complaim for Support or C) Petition to Modify or (~) Other ALIMONY PENDENTE LITE filed on AUGUST 15, 2003 in the above captioned matter is dismissed without prejudice due to: THE CALCULATED ALIMONY PENDENTE LITE AMOUNT OFFSETTING HUSBAND' S CHILD SUPPORT OBLIGATION UNDER PACSES #778104545 DOCKETED AT 468 S 2002. WIFE IS TO OBTAIN AND MAINTAIN MEDICAL INSURANCE ON HUSBAND. C) The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. DRO: RJ Shadday xc: plaintiff defendant Constance Brunt, Esquire Diane Radcliff, Esquire BY THE COURT: Service Type Form OE-506 Worker ID 21005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY RADABAUGH, Plaintiff RHONDA RADABAUGH, Defendant NO. 02-1131 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MARITAL AGREEMENT BETWEEN GARY RADABAUGH AND RHONDA RADABAUGH TABLE OF CONTENTS INTRODUCTION ............................................................................................. 1 SECTION I General Provisions .............................................................................................. 2 SECTION II Distribution of Property and Debts ...................................................................... 8 SECTION III Counsel Fees, Alimony, Spousal Support, Alimony Pendente Lite, Alimony, and Insurance .................................................................................................... 13 SECTION IV Closing Provisions and Execution ...................................................................... 15 NOTARY ............................................................................................................. 16 EXHIBIT "A" Personal Property to be Transferred to Husband ................................................ 17 EXHIBIT "B" Personal Property to be Transferred to Wife ...................................................... 18 INTRODUCTION THIS AGREEMENT made this~Mtay of ~/:~jt.,__ ,200,.¢', by and between RHONDA RADABAUGH, (Wife") of 30 Greenmont Drive, Enola, PA 17025, and GARY RADABAUGH, ("Husband") of 131 Salem Church Road, Mechanicsburg, PA 17050. WITNESETH: WHEREAS, the parties hereto are husband and wife, having been married on May 10, 1997 in Cumberland County, Pennsylvania, and were separated in-house on March 13, 2002 and physically on May 29, 2002. WHEREAS, The parties are the parents of two (2) children: Jared J. Radabaugh, born July 17, 1989; and Seth D. Radabaugh, born February 21, 1999, (the "Children"). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: END OF INTRODUCTION -1- SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. 1.03. DIVORCE DECREE The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divome Decree in Husband's above captioned divorce action docketed to No. 02-1131 Civil Term and filed on March 6, 2002. The parties have previously filed their Affidavits of Consent and Waivers of Notice. Within five (5) business days of the date of this Agreement, Husband will file all the remaining documents necessary to secure the entry of the Divorce Decree at his sole cost and expense. 1.04. EFFECT OF DIVORCE DECREE Unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 1.05. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 1.06. DATES. The "date of execution", "execution date" or "date of this Agreement" shall be defined as the -2- date of execution by the party last executing this Agreement. The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 1.07. ADVICE OF COUNSEl, The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Diane G. Radcliff, Esquire for Husband, and Constance P. Brunt, Esquire, for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 1.08. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. 1.09. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Cou .rt .decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 1.10. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to rea£firm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division o£the parties' marital assets and all other rights -3- determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.11. PERSONAL RIGHTS Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 1.12. MUTUAL RELEASES Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: Claims Against Property_ or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter a~cruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. Dower, Curtesw Widows Rights: Any and all rights and claims of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of(i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. -4- me Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of what. so. ever nature arising or which may arise under this Agreement or for the breach of any prows~ons thereof. 1.13. WAIVER OR MODIFICATION No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.14. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.15. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.16. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 1.17. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative, and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall to that party: ~_p_ecific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees -5- and costs incurred as the result of said breach and in bringing the action for specific performance. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. Ce Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. D. Other Remedies: Any other remedies provided for in law or in equity. ge Considerations for Reasonable Attorneys Fees: Any award of"reasonable attorneys fees" as used in this paragraph shall be based on consideration of (I) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. Fo In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of m~y proceedings of any nature for enforcement of this Agreement. 1.18. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 1.19. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. -6- 1.20. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 1.21. MANNER OF GIVING NOTICE Any notice required by this Agreement shall be sent to a party at the address listed on page 1 above, or such other address as that party may from time to time designate. 1.22. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. END OF SECTION I -7- SECTION II DISTRIBUTION OF PROPERTY 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. ]it is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since March 13, 2002, the date of the parties' in-house marital separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. 2.03. WAIVER OF INHERITANCE Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 2.04. PROPERTY DIVISION AND DISTRIBUTION The parties' marital assets and debts shall be divided and distributed in accordance with the following provisions: Personal Property.: With respect to the tangible personal property of the parties including, but without limitation with specific reference to,jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property"), the following shall apply: Personal Property to Be Transferred to Husband: Husband shall receive and retain as his sole and separate property the items of personal property removed by -8- Wife from the shared residence and set forth on the list attached hereto as Exhibit "A" and made a part hereof. Wife shall return those items to Husband within fourteen (14) days of the date of this Agreement when Wife retrieves the items to be distributed to her as set forth below. Personal Property to Be Transferred to Wife: Wife shall receive and retain as her sole and separate property the items of personal property left behind by Wife at the shared residence and set forth on the list attached as Exhibit "B" and made a part hereof. Those items shall be picked up by Wife from Husband's residence within fourteen (14) days of the date of this Agreement. Remaining Items of Personal Property: All remaining items of Personal Property in the possession of Husband shall be the sole and separate property of Husband; and all remaining items of Personal Property in the possession of Wife shall be the sole and separate property of Wife. 2001 Buick: Wife shall receive and retain as her sole and separate property the 2001 Buick, or the trade in value thereof. Ce 1998 Chevrolet Astro Van: Husband shall receive and retain as his sole and separate property the 1998 Chevrolet Astor Van. Four Winns Boat: Husband shall receive and retain as his sole and separate property the Four Winns Boat, subject to any lien or encumbrance of record. Joint American Express Investment Account, Group ID #0925 5685 1 001: The parties joint American Investment Account, Group ID #0925 5685 1 001, (comprised of the Cash Management Account and the Mutual Funds Account.) shall be divided into two equal shares, one assigned to Wife and one assigned to Husband. From Husband's share the amount of $8,000.00 shall be deducted and added to Wife's share. The account shall then be closed and the funds disbursed in accordance with the foregoing adjusted amounts so that Wife receives half of the account balance plus $8,000.00 and Husband received half of the account balance minus $8,000.00. In the event that Husband's share of the account does not contain sufficient funds to transfer the entire $8,000.00 to Wife's account, Husband shall immediately pay any deficiency in cash to W. Jared's and Seth's Roth IRA and Coverdell Accounts: The existing Coverdell Educational IRA's in the Children's names shall remain in tact and are to be used only for the Children's education. The parties acknowledge that each of them has previously -9- withdrawn $2,000.00 from his or her Roth IRA account with the intent that these funds would be deposited into the Children's respective Coverdell Educational IRA accounts (Husband into Seth's account and Wife into Jared's account). Wife has already deposited her $2,000.00 into Jared's account. Husband shall deposit his $2,000.00 into Seth's account within five (5) business days of the date of Wife's execution of this Agreement. The parties further agree that as soon as possible after January 1, 2004, each party will withdraw the remaining balance in his or her Roth IRA account and deposit that balance into the Children's Coverdell Educational IRA accounts (Husband into Seth's account and Wife into Jared's account). The parties acknowledge that the fees charged by the Roth IRA custodians for the transfers to the Children's IRA's will be charged against the parties' respective Roth IRA accounts. 131 Salem Church Road, Mechanicsbure. PA: With respect to the real estate known and numbered as 131 Salem Church Road, Mechanicsburg, PA the following shall apply: Distribution: Husband shall receive and retain as his sole and separate property the real estate known and numbered as 131 Salem Church Road. Mechanicsburg, PA subject to the mortgage in favor of National City. Husband shall assume as his sole obligation all of the expenses incident to the use and ownership of the said marital home incurred on or after the date of physical separation of the parties on May 29, 2002, including, without limitation, any and all mortgage payments, late fees or assessments, taxes, liability and fire insurance, utilities, sewer, water, refuse collections, assessments, proper maintenance, repairs, additions and improvements, and further covenants and agrees to indemnify and hold Wife harmless from any such liabilities, obligations or expenses or any claims or demands as a result thereof. Conveyance: Wife shall make, execute and deliver all documents in the usual form conveying, transferring and granting to Husband all of Wife's right, title and interest in and to the Real Estate. The deed of conveyance therefor shall be executed by Wife upon her signing of this Agreement and held in escrow by Wife's attorney's pending the assumption or refinance as set forth in subparagraph 2 below, at which time the deed shall be delivered to Husband or his agent for recording. o Refinance: Husband shall assume or refinance the National City mortgage within ninety (90) days of the date of this Agreement so as to release Wife from further liability thereunder. The costs of assumption or refinancing shall be paid by Husband. Sale: In the event Husband is unable to secure the assumption/refinancing and release required by subparagraph 3 above, then the Real Estate shall be listed for sale upon -10- reasonable terms and conditions and sold as soon as practicable at the best price obtainable. At settlement on said sale the net proceeds derived after payment of all normal and reasonable settlement costs and all existing liens, mortgages and encumbrances, shall be paid to Husband as Husband's sole and separate property. In the event that there are insufficient proceeds at settlement to pay in full all settlement costs and to satisfy any and all mortgages or other liens of any nature, Husband shall be solely responsible for payment of such deficiency amounts. In the event of the sale of the house as set forth herein, Husband shall be required to report all capital gain on the sale on his individual tax return and to pay any tax liability on such gain. Husband shall indemnify and save Wife harmless from any capital gain tax liability. Cooperation/Attorneys Fees: Wife will sign all necessary documents to facilitate the assumption/refinancing or sale by Husband as may be reasonably required by Husband. Should Wife incur any attorneys fees regarding the assumption/refinancing or sale of this real estate as a result of Husband's breach of any of his obligations set forth in this Paragraph 2.04.G., those fees shall be paid by Husband. Any such fees shall be paid by Husband within thirty (30) days of submission to Husband of Wife's counsel's invoice. If Wife does not cooperate with and sign all documents necessary in a timely manner regarding the assumption/refinance or sale of this real estate, and Husband incurs attorneys fees, realtor's costs or other expenses relating to the finance or sale as the result thereof, those fees, costs and expenses shall be paid by Wife. Those fees and costs shall be paid by Wife within thirty (30) days of submission to Wife of an invoice or invoices therefor. 101 Stoner Drive, Mechanicsburg, PA: Wife shall receive and retain as her sole and separate property all funds received from her prior sale of 101 Stoner Drive, Mechanicsburg, PA. Jo 30 Greenmont Drive, Enola, PA: Wife shall receive and retain as her sole and separate property the real estate known as 30 Greenmont Drive, Enola, PA, subject to any liens and encumbrances of record. Life Insurance Policies, Retirement Plans, and Financial Accounts: Any other life insurance polices, retirement plans, and financial accounts not specifically set forth above shall become the sole and separate property of the party in whose name or through whose employment said policy, plan and/or account is held or carried. C_.~_ital One Account: Husband shall pay the remaining balance of the Capital One credit card account and shall close that account. Husband shall provide Wife with verification that -11- this credit card account has been closed. Debts and Obligations: Husband represents and warrants to Wife that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation. Wife represents and warrants to Husband that since the separation, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation. Except as expressly set forth herein, each party shall be solely responsible for any debts or liabilities incurred in his or her individual name at any time, and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of such debts or obligations. Husband's Business: Wife expressly waives any claim she may now or hereafter have in the business operated by Husband, known as "Radabaugh Heating and Air Conditioning." The said business and all of its assets shall be retained by Husband as his sole and separate property. 2.05. WAIVER Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. 2.06. TAX PROVISIONS The parties believe and agree that the division of property made to be made pursuant to the terms of this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. END OF SECTION II - 12- SECTION III COUNSEL FEES, SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, ALIMONY, AND LIFE INSURANCE 3.01. WAIVER OF COUNSEL FEES The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY AND SUPPORT Except as hereafter provided, the parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. The parties acknowledge that there is now in effect an Order Of Court entered on September 17, 2003, by the Cumberland County Domestic Relations Section, docketed to No. 468 S 2002, requiring Husband to pay child support for the benefit of the Children in the amount of $567.00 per month, plus $50.00 per month on arrears. The said Order was made effective on August 15, 2003. In determining the said amount of child support payable, the amount payable pursuant to the Pennsylvania Support Guidelines was reduced to offset Wife's obligation for payment of alimony pendente lite to Husband. Wife's obligation for payment of alimony pendente lite to Husband and Husband's right to offset such alimony pendente lite against his child support obligation shall terminate on the date of Wife's execution of this Agreement. Wife's obligation to maintain medical insurance for Husband's benefit shall also terminate on that same date. The parties agree that the said Order of Court shall be modified, effective on the date of Wife's execution of this Agreement, to provide for Husband's payment of child support of $904.00 per month plus $50.00 per month arrears and to delete any obligation for Wife to maintain medical insurance for Husband's benefit. Since said obligation is to be payable pursuant to a support court order, the obligation to pay said amount shall not be deemed to be a contractual obligation of Husband, but rather a payment pursuant to a court order and as a court order said amount shall be modifiable based upon a substantial change in circumstances. Husband shall immediately commence payment of child support in the increased amount, regardless of whether the Domestic Relations Section has completed the processing of the modification as set forth above. 3.03. LIFE INSURANCE Wife shall be entitled to secure/obtain a life insurance policy on Husband's life subject in all -13- respects to the following: A. Type: The policy must be a term life insurance policy. B. Death Benefits: The death benefits for the policy may not exceed $250,000.00. C. Term: The maximum time the policy may remain in effect is 20 years from the date of the Agreement. The policy may not be renewed or extended beyond that period, nor may it be increased in excess of the $250,000.00 amount. D. Premium Payments: Wife will be solely responsible for the payment of the premiums, fees and costs regarding the policy. E. Beneficiaries: Jared J. Radabaugh and Seth D. Radabaugh must be the only listed beneficiaries and the death benefits shall be payable to them in equal shares. F. Physical: Husband will submit to a physical if necessary to secure that policy. END OF SECTION III - 14- SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. FACSIMILE SIGNATURE Each party agrees to accept and be bound by facsimile signatures hereto. 4.03. BINDING EFFECT By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: I~A~0i~ RADABA~GH~ Date: (SEAL) (SEAL) RHONDARADABAUGH Date: ,~ o - 30 -,22 END OF SECTION IV - 15- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this the Z.~'~ ~ 'day of k...)~ qx..--~, 2003, before me the undersigned officer, personally appeared, GARY RADABAUGH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. ~3~ARY PUBLIC mission Expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Notarial Seal Diane G. Radcliff, Notary Public Camp Hill Boro, Cumberiand County My, Commlaalon Expires Jan. 11, 2004 M e .mi~ ~..nnsylvanla Association ot Notade~ On this the ~or~ day of 47e-/P.d~.~ ,2003, before me the undersigned officer, personally appeared, RHONDA RADABAUGH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto~set my hand and notarial seal. NOTARY PUBLIC My Commission Expires: Constance P. Brunt, No~a~ Public Susquelmnnn Twp,, Dauphin County My Commission Expires Oct. 20, 2005 - 16- EXHIBIT "A" PERSONAL PROPERTY TO BE RETURNED TO HUSBAND BY WIFE 2. 3. 4. 5. 6. 7. Guide Post Blanket Bird Feeder Wrought Iron Bird Feeder Pole Garage Door Opener Set of Silverware Blue Bed Sheet 4 in 1 Screwdriver -17- 2. 3. 4. 5. 6. 7. 8. 9. EXHIBIT "B" PERSONAL PROPERTY TO BE GIVEN BY HUSBAND TO WIFE Hot Tub Roof Top Carrier Two Window Fans Vacuum Cleaner and Attachments Ping Pong Table and Accessories Sand Box Lawn Chair House Fan Packard Bell 486 Personal Computer (Hard Drive and Monitor) -18- GARY RADABAUGH, Plaintiff V. RHONDA RADABAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-1131 CIVIL TERM _. _. : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) AND §3301(D) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose fights conceming alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are tree 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. ~_._~_:~__.~_-~ -- RHONDARADABAUG~,De~ndant GARY RADABAUGH, Plaintiff V. RHONDA RADABAUGH, Respondent 13I THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1131 CIVIL TERM : : CIVIL ACTION - LAW : DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SEUI'ION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworu falsification to authorities. Dated: tZ/~t"'-- t~j_] G~A~~n t i fY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY RADABAUGH, Plaintiff RHONDA RADABAUGH, Respondent NO. 02-1131 CiVIL TERM CWIL ACTION - LAW : DIVORCE PRAECIPE TO WITHDRAW ECONOMIC CLAIMS TO THE PROTHONOTARY OF THE SAID COURT: Please withdraw the following marked economic claims heretofore raised by the Plaintiff in the above captioned matter: [ ] divorce [x] equitable distribution [x] alimony pendente lite [x] alimony Ix] counsel fees and costs Respectfully submitted, Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff - 1 - GARY RADABAUGH, Plaintiff RHONDA RADABAUGH, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1131 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE OF TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301(c) of the Divorce Code. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of filing of Complaint: 3/6/02 b. Manner of service of Complaint: Certified Mail, Restricted Delivery c. Date of Service of Complaint: 3/12/02 DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: 8/21/03 b. Defendant: 8/29/03 OR DATE OF EXECUTION OF THE PLAINTIFF'S-AFFIDAVIT REQUIRED BY SECTION 3301(D) OF THE DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE DEFENDANT: a. Date of Execution: N/A b. Date of Filing: N/A c. Date of Service: N/A RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated October 30, 2003, which Agreement is to be incorporated into but not merged with the Divorce Decree. UNDER SECTION 3301(D) (1) (I) a. Date of Service: N/A b. Manner of Service: N/A DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED OF THE DIVORCE CODE: DATE WAIVER OF NOTICE PROTHONOTARY: a. Plaintiff's Waiver: b. Defendant's Waiver: IN SECTION 3301 (C) DIVORCE WAS FILED WITH November 3, 2003 November 3, 2003 s UIR Supreme Court ID # 32112 Phone: (717) 737-0100 THE IN THE COURT OF COMMON PLEAS Of CUM BERLAND COUNTY STATE OF GARY RADABAUGH, Plaintiff VERSUS RHONDA RADABAUGH, Defendant PENNA. NO. 02-1131 CIVIL TERM AND NOW, DECREED THAT AND DECREE IN DIVORCE GARY RADABAUGH RHONDA RADABAUGH ARE DIVORCED FROM THE BONDS OF MATRIMONY. , , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; No issues are outstanding. Ail issues have been resolved and settled by the Parties' Marriage Settlement Agreement dated October 30, 2003, filed of record and incorporated into, but not merge~d~j~th~his Decree. ~'~-~-7 Pr OTHONOTA RY