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HomeMy WebLinkAbout89-196884 - ia~s Rada b a u h ~S Rad a ba h 9 ~ All Filings before a~ Au~u9t aool, Have not been scanned! John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Petitioner BETH E. RADABAUGH, n/k/a IN THE COURT OF COMMON PLEAS MARYBETH ENDERS BROWN :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. SCOTT D. RADABAUGH, Defendant NO. 1968 CIVIL 1989 CIVIL ACTION -LAW IN DIVORCE PETITION TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT AND NOW comes the Plaintiff/Petitioner, Marybeth E. Brown, by and through her counsel, John J. Connelly, Jr., Esquire and the law firm of James, Smith, Dietterick & Connelly, LLP, ..and hereby files the within Petition to Enforce Marriage Settlement Agreement as follows: 1. The Petitioner is Marybeth E. Brown who currently resides at 1315 Warwick Road, Camp Hill, Pennsylvania 17011. 2. The Respondent is Scott D. Radabaugh who currently resides at 300 West Green Street, Shiremanstown, Pennsylvania 17011. 3. The parties are the parents of Alicia M. Radabaugh, date of birth September 21, 1983. 4. On August 9, 1990, the parties entered into a Marriage Settlement Agreement, a copy of which is attached hereto and marked as Exhibit "A". 5. Under paragraph 27 of the said Agreement, the parties agreed that the costs of education "including but not limited to by way of specification, tuition, room, board, books, fees, supplies and reasonable transportation expenses shall be shared by the parties on a pro-rate salary basis." 6. On April 11, 2006, your Petitioner by letter advised the Respondent of the total cost of Alicia's loan repayments and based on her knowledge of the parties most recent salaries requested that the balance of the loans be paid 80% by the Respondent and 20% by the Petitioner. A copy of the letter dated April 11, 2006 is attached hereto and marked as Exhibit «B„ 7. The Petitioner sent another letter to the Respondent on June 21, 2006, a copy of which is attached hereto and marked as Exhibit "C", further advising him of the monies were due on the educational loans and requested that he make his proportional contribution. The Respondent has failed to reply to Petitioner's correspondence of April 11, 2006 or June 21, 2006. 8. The Petitioner and her daughter Alicia have financed the entire college education expense with the exception of Respondent's loans enumerated in paragraph 11 hereof. The total borrowed dollars including loans taken out by the Respondent as referenced in paragraph 11 below is $70,787.53 as of the time of the filing of this Petition. Their maybe additional outstanding balances due which have not yet been calculated which will be provided to the Court at the time of hearing. 9. Attached hereto marked as Exhibit "D" are copies of the bills and loan documents supporting the annual expense incunred at the University of Pittsburgh. 10. Until the completion of the parties' daughter education, the actual amount due on loans was not able to be determined. After determination, your Petitioner immediately contacted 2 the Respondent and advised him as to the approximate balance that was due on the loans which all came due as of June 1, 2006. 11. In order to accurately determine the actual out of pocket expenses, the Petitioner included in the attached Exhibit "D", only tuition, room and board expenses. The actual costs of books, fees, supplies and reasonable transportation costs are not included in the claim made herein. Your Petitioner believes and therefore avers that the Respondent took out two loans in his name in the amount of $2,642.28 on August 28, 2002 and the amount of $2,642.28 on December 27, 2002. This has been his only contribution toward the expense of his daughter at the University of Pittsburgh. These payments encompass the 2002/2003 school year. 12. Since your Petitioner received no response from the Respondent regarding her request for contribution of the college education, the only alternative is to petition the court to direct the Respondent to pay the amount determined by the Court as his proportional share of the college education expense as provided for in the parties' Marriage Settlement Agreement. 13. After all loans referenced herein are consolidated, there will be a single monthly payment due for which the Respondent is responsible to contribute his proportional share based on the terms of the parties' Marriage Settlement Agreement. The amount of the monthly payment which will be required of the Respondent based on the approximate incomes of the parties is well within his financial ability to pay. 14. Paragraph 37 of the aforementioned agreement provides for the recovery of attorney's fees to enforce the rights and remedies of that party under the terms of the Agreement. Your Petitioner believes and therefore avers that the Respondent has failed to perform the obligations required under paragraph 27 of the Agreement and therefore is responsible for Petitioner's attorney's fees as well as contribution to the education costs. 3 WHEREFORE, your Petitioner requests that the Court direct the Respondent to pay his proportional share of the college education costs of the parties' daughter, Alicia pursuant to the Marriage Settlement Agreement of the parties and further award counsel fees to the Petitioner for Respondent's breach of the Agreement. Respectfully submitted, JAMES, SNIITH, DIETTERICK & CONNELLY, LLP Dated: ~ a ~ p By: Attorneys for Petitioner 4 Hershey, PA 17033-0650 (717) 533-3280 VERIFICATION I, Marybeth Enders Brown, verify that the statements made in the foregoing document are hue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~ y o.6 ~ ~ ~~~`.'"' `S M beth nders Brown BETH E. RADABAUGH, n/k/a : IN THE COURT OF COMMON PLEAS MARYBETH ENDERS BROWN :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. SCOTT D. RADABAUGH, Defendant NO. 1968 CIVIL 1989 CML ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Petitioner, Marybeth E. Brown, hereby certify that I have served a copy of the foregoing Petition to Enforce Marriage Settlement Agreement on the following on the date and in the manner indicated below: VIA U.S. MAIL, FIRST CLASS, PRE-PAID Scott D. Radabaugh 300 West Green Street Shiremanstown, PA 17011 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: ~ V By: Jo J. onn , Jr. rn I.D. 5615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Petitioner EXHIBIT "A" DIANE G. RADCLIFF ATTORNEY-AT-LAW 3448 TRINDLE ROAD CAMP HILL, PA 17011 MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 9 ~ day of , 19 g0 by and between MARYBETH E. RADABAUGH ("WIFE") of New Cumberland, Pennsylvania, and SCOTT D. RADABAUGH ("HUSBAND") of Mechanicsburg, Pennsylvania. W I T N E S S E T H: WHEREAS, the parties hereto are HUSBAND and WIFE, having been married on March 20, 1983 in Camp Hill, Pennsylvania. There were two children born of this marriage: Alicia M. Radabaugh, born on September 21, 1983. and Kyle H. Radabaugh, born on July 23, 1985; and WHEREAS, WIFE has initiated a divorce action in Cumberland County, Pennsylvania, docketed to number 1968 Civil 1989, and it is the parties' intent to secure a no^fault divorce decree, in said divorce action; and 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 1 fin-ally their respective financial and property rights and obligations as between each other including, without limitat-ion 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. NON, THEREFORE, in consideration of -the premises and of the 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: 1. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble to this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agree- ment. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. DIANE G. RADCLIFF ATTORNEY-AT-LAW 3148 TRINDLE ROAD CAMP HILL, PA 17011 2 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 in- tended to condone- and. shall not be deemed to be con- donation on the part of either party hereto of any act or acts on the part of the other party which have occa- sinned the disputes or unhappy differences which may occur subsequent to the date hereof. The parties in- tend to secure a mutual consent no-fault divorce pur- suant to the terms of Section 201(c) of the Divorce Code of 1980. As soon as possible. under the terms of said divorce law, the .parties shall execute and file all documents and papers, including affidavits of con- sent, necessary to finalize said divorce. 3. EFff CT 0`F DIVORCE DECREE . The parties agree that unless otherwise specifi- cally 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. 4. AGREEMENT TO BE INCORPORATED IN DIVORCE The parties agree that the terms of this Agreement shall be incorporated into. any Divorce Decree which may DIANE G. RADCLIFF ATTORNEY-AT-LAW 3 3448 TRINDLE ROAD CAMP HILL, PA 17011 be entered with respect to them. 5. NON-MERGER. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather, it con- - tinues to have independent contractual significance and each party maintains their contractual remedies. 6. DATE OF EXECUTION. The "date of execution" or "execution date" of .this Agreement shall be defined as the date of execu- tion by the party last executing this Agreement. 7. DISTRIBUTION DATE. 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. 8. 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 MARYBETH E. RADABAUGH and E. ROBERT FLICKER, II, ESQUIRE, for SCOTT D. RADABAUGH. The parties acknow- ledge that they have received independent legal advice from counsel of their selection and that they fully un- DIANE G. RADCLIFF 4 ATTORNEY-AT-LAW 3448 TRINDLE ROAD CAMP HILL, PA 17011 derstand the facts and have. -been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the cir- cumstances, fair and equitable and that it is .being en- tered 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. 9. 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 Agree- ment. 10. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right to obtain from the other .party a complete inven- tory or list of-all of the property that either or both parties own at .this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand they have the right to have a court hold hearings and make decisions on the DIANE G. RADCLIFF 5 ATTORNEY-AT-LAW 3448 TRINDLE ROAD DAMP HILL, PA 17011 matters covered by this Agreement. Both parties under- stand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. .Each party hereby acknowledges that this agreement is fair and equitable, that it adequately provides for hi s or her. needs and i s i n hi s or her best i nterests, -and that the: Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the .other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The-right to obtain an inventory and ap- praisement of-all marital and separate property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and ex- pense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to .have the court determine which property is marital and which is non- marital, and equitably distribute between the parties that property which the court determines to be marital. d. The right to have the court decide any DIANE G. RADCLIFF 6 ATTORNEY-AT-LAW 3448 TRINDLE ROAD CAMP HILL, PA 17011 ., other rights,. remedies, privileges, or obligations covered by this Agreement, including but not. limited to .possible claims for divorce, child or spousal support, alimony, alimony- pendente lite (temporary alimony), custody, visitation, and counsel fees, costs and expenses. 11. PERSONAL PROPERTY. HUSBAND and WIFE do hereby acknowledge that they have. previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, house- hold equipment and appliances, tools, pictures, books, works of art and other personal property and hereafter WIFE agrees that all of the property in the possession of HUSBAND shall be the sole and separate property of HUSBAND: and HUSBAND agrees that all of the property in the possession. of WIFE shall be the sole and separate property of WIFE. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above. items which shall become the sole and separate property of the .other.. 12. AFTER-ACQUIRED PROPERTY. Each of the parties shall. hereafter own and enjoy, DIANE G. RADCLIFF ATTORNEY-AT-LAW ~ 3448 TRINDLE ROAD CAMP HILL, PA 17011 independently of any claim or -right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since April 1989, with full. power in him or her to dispose of the same as fully and effectively, in all respects and for all pur- poses, as though he or she were unmarried. 13. DIVISION OF VEHICLES. With respect to the vehicles owned by one or both of the parties, they agree as follows: (a) 1986 Isuzu Trooper shall be the sole and ex- clusive property of WIFE. (b) 1980 VW Rabbit shall- be the sole and ex- clusive property of HUSBAND. The titles to said motor vehicles (or Power of At- torney if said title is .unavailable) shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement- and said executed titles (or Power of Attorney) shall be delivered to the proper party on the distribution date. The parties acknowledge that WIFE'S said vehicle is subject to a purchase price debt owed to Dafcu having an approximate balance of $3,900.00 more or less. Said indebtedness shall be paid fwom the DIANE G. RADCLIFF ATTORNEY-AT-LAW 8 3448 TAINDLE ROAD CAMP HILL, PA 17011 parties' escrow account as set forth in Paragraph 14 herein. 14. DISTRIBUTION OF ESCROW ACCOUNT. The parties acknowledge that when they sold their marital home located at 314 North 25th Street, Camp Hill, Pennsylvania, the net proceeds derived from said sale were deposited into an escrow account and that after payment of certain debts said account has an ap- proximate balance of $13,.005.45. The parties agree that said escrow balance shall be divided and dis- tributed as follows: a. Payment to U.G.I. of $4..68. b. Payment to Pennsylvania/American Water Co. of $54.94. c. Payment- of the outstanding balance of WIFE'S car loan to a maximum of $3,900.00. d. Payment to WIFE of $6,678.30. plus any amount representing the difference between $3,900.00 minus the actual pay-off of WYE'S aforesaid car loan. e. Payment to HUSBAND of $2,228.20 (subject to the provisions of .Paragraph 26 herein). f. In the event any escrow funds then remain, the remaining funds, if any, shall be divided DIANE G. RADCLIFF ATTORNEY-AT-LAW 9 3448 TRINDLE ROAD CAMP HILL, PA 17011 equally between the parties. 15. CAPITAL GAINS TAX. -Each party shall be responsible for reporting one- half of the gain arising out of the sale of their aforesaid marital home on their appropriate and ap- plicable income tax returns and shall be responsible for-the payment of any and all taxes arising out of the inclusion of said gain on their said return as aforesaid.. Each party shall indemnify protect and save the other party harmless from any. and all liability arising out of the obligation to pay the tax on the gain assumed by said party pursuant to the provisions of this Paragraph. The parties shall cooperate with each other in determining-the amount of gain- to be reported on each parties' tax return and-shall share and exchange all appropriate documentation necessary to calculate such gain. 16. EACH PARTY RETAINS OMIN PENSION PLANS. Each of the parties does specifically waive, release, renounce and forever. abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred DIANE G. RADCLIFF ATTORNEY-AT-LAW 1 0 3148 TAINDLE ROAD CAMP HILL, PA 19011 Savings Plan and/or any employee benefit plan of the other party, whether acquired through said other party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Profit Sharing Plan,. 401-K Plan, Keogh Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall be- come the sole and- separate property of the party in which name or through whose employment said plan is carried. 17. DIVISION OF BANK ACCOUNTS/STOCK/LIFE. INSURANCE. The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, shares of stock and life insurance cash -value and hereafter WIFE agrees that all said bank accounts, certificates of deposit, IRA accounts., bonds, shares of stock, investment plans and life insurance cash value in the .possession of HUSBAND shall become the sole and separate property of HUSBAND; and HUSBAND agrees that all the said bank accounts, certificates of deposit, IRA accounts., bonds, shares of stock, invest- ment plans and life insurance cash value in the posses- sion of the WIFE shall become. the sole and separate property of the WIFE. Each of the parties does DIANE G. RADCLIFF 11 ATTORNEY-AT-LAW 3448 T'RINDLE ROAD CAMP HILL, PA 19011 specifically waive, release, renounce and forever aban- don whatever right, title, interest or claim, he or she may have in any bank account,. shares of stock and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof . 18. 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. 19. WTFE'S DEBTS. WIFE represents and warrants to HUSBAND that since the par-ties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further repre- sents and warrants to HUSBAND that she will not con- tract or incur any debt or liability after the execu- tion of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save harmless HUSBAND from any and all claims or demands made against him by reason of debts or .obligations in- DIANE G. RADCLIFF ATTORNEY-AT-LAW 1 3948 TRINDLE ROAD CAMP HILL, PA 17011 curred by her. 20. HUSBAND'S DEBTS. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further repre- sents and warrants to WIFE that he will not contract or incur any debt or liability after the Agreement, for which WIFE or her responsible. HUSBAND shall indemnify WIFE from any and all claims or dem her by reason of debts or obligations 21. BANKRUPTCY. execution of this .estate might. be and save harmless ands made against incurred by him. The parties hereby agree that the provisions of this Agreement shall not' be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. 22. SOCIAL SECURITY BENEFITS. The parties agree that subject to the rules and regulations of the Social .Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or .she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' DIANE G. RADCLIFF 13 ATTORNEY-AT-LAW 3448 TRINDLE ROAD DAMP RILL, PA 17011 marriage is determined to be of ten (10) or more years in duration. 23. INCOME TAX PRIOR-RETURNS. The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. -Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the mis- representations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 24. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties. agree .that the division of all property set forth in this Agreement is equitable and in the event an action- in divorce is commenced, both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, DIANE G. RADCLIFF ATTORNEY-AT-LAW 14 3448 TRINDLE ROAD CAMP HILL, PA 17011 final, complete and equitable property division. 25. WAIVER OF ALIMONY, ALIMONY PENDENTE .CITE,. SPOUSAL SUPPORT, MAINTENANCE, AND COSTS. 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, maintenance, counsel fees .and costs. 26. SUPPORT. The parties acknowledge the existence of an Order for Support dated January 19, 1990 entered against HUS- BAND in WIFE'S Cumberland County Support action docketed to No. 18 of 1990,- Domestic Relations Order number 17066 requiring HUSBAND to pay the sum of $215.00 per week for the support of WIFE and two children, allocated, $75,00 for WIFE, $125.00 for children and $15.00 for child care expenses. With respect to said Support Order the parties agree as follows: DIANE G. RADCLIFF ATTORNEY-AT-LAW 3448 TRINDLE ROAD CAMP HILL, PA 17011 a. The support for WIFE shall be terminated ef- fective as of the Execution Date as herein defined . b. Any arrearages existing as of the date of said termination shall remain effective and shall be paid from HUSBAND'S sh-are of the escrow 15 proceeds to be otherwise received by him as set forth in Paragraph 13 herein. c. The child support amount, including child care expenses, shall remain effective and unal- tered by the terms of this Agreement, and shall be subject to modification based on a demonstration of a substantial change in circumstances in ac- cordance with Domestic Relations practice and pro- cedure. HUSBAND shall also continue to provide health insurance coverage on the children as provided in said Order anal shall be responsible for the payment of one-half of all medical and dental expenses of the children not covered by said insurance. d. HUSBAND shall continue to provide medical in- surance coverage on WIFE as provided by the parties until the date the parties are divorced. Upon divorce WIFE shall be entitled to elect "Cobra" group health insurance coverage through HUSBAND'S employment provided. that she pays the premium cost therefore as provided and regulated by federal law. 27. HIGHER EDUCATION EXPENSES. The parties acknowledge that a post-secondary DIANE G. RADCLIFF ATTORNEY-AT-LAW ~ 6 3448 TRINDLE ROAD CAMP HILL, PA 17011 education will be of benefit to their children- and the parties hereby .agree that the costs of said education, including but not limited to by way of specification, tuition, room, board, books, -fees, supplies and reasonable transportation expenses shall be shared by the parties on a pro-rate salary basis. 28. DEPENDENCY EXEMPTIONS FOR INCOME TAX. As long as HUSBAND makes all payments for the sup- port of the minor children as required by the then ex- isting Support Order and does all other things required of him under this Agreement, HUSBAND shall be entitled to .claim all dependency exemptions for the parties' two children for Federal, State and Local Income Tax pur- poses for each calendar year that WIFE'S taxable income (individually or in the combined amount of her income and that of any future spouse) is equal. to or less than $10,000.00 per year; otherwise said dependency exemp- tions shall be WIFE'S right to claim. For each year that HUSBAND is entitled to claim said exemptions as conditioned above, WIFE shall execute and deliver to HUSBAND the necessary tax forms required by the taxing authority demonstrating HUSBAND'S right to claim such exemption and WIFE'S waiver thereof. 29. PERSONAL RIGHTS. DIANE G. RADCLIFF 1 ~ ATTORNEY-AT-LAW 3448 TRINDLE ROAD CAMP HILL, PA 17011 HUSB-AND 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 what- soever with him or her. 30. MUTUAL RELEASES. 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 any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) 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 DIANE G. RADCLIFF "I $ ATTORNEY-AT-LAW 3448 TRINDLE ROAD CAMP HILL, PA 19011 hereafter may have against such. other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar al- lowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testatmentary, or all other rights of a surviving spouse. to participate in a deceased spouse's estate, whether arising under the laws of (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth or territory of the United States, or (c) any other country, or 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 dis- tribution, costs of expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obliga- tions 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 DIANE G. RADCLIFF ATTORNEY-AT-LAW ~ 9 3448 TRINDLE AOAD CAMP HILL, PA 17011 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 ac- quire, except and only except all rights- and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof.. 31. WAIVER OR MODIFICATION TO BE IN WRITING. 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 sub- sequent de-fault of the same or similar nature. 32. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all-steps and execute, ac- knowledge 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 Agree- ment. 33. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective DIANE G. RADCLIFF 2 O ATTORNEY-AT-LAW 3418 TRINDLE ROAD DAMP HILL, PA 17011 heirs, executors, administrators, successors and as- signs. 34. INTEGRATION. This Agreement constitutes-the entire understand- ing 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. 35. OTHER DOCUMENTATION.. WIFE and HUSBAND covenant and agree that-.they will forthwith (.and within at least twenty (20) days after demand therefor), execute any and all written instru- ments,. assignments, releases, satisfactions, .deeds, notes., stock. certificates, or such othew writings as may be necessary or desirable for the proper effectua- tion of this Agreement, and- as their respective counsel shall mutually agree should be so executed in order. to carry out fully and effectively the terms of this Agreement. 36. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and ef- fect unless and until terminate under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict. performance of any of 'the DIANE G. RADCLIFF 2 ~ ATTORNEY-AT-LAW 3448 TRINDLE ROAD CAMP HILL, PA 17011 provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 37. BREACH. If for any reason either the Husband or the Wife fails to perform his or her obligations hereunder to the other spouse, and the other spouse incurs any ex- pense thereby (including but not limited to legal fees and costs) in enforcing his or her rights, the non- breaching party shall have the right, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have and the spouse who failed to perform the obligations agrees to indemnify the other spouse and hold him or her harmless for any and all such expenses. 38. SEVERABILITY. If ,any term, condition, clause or provision of this Agreement shall be .determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this. Agreement and in all other respects this DIANE G. RADCLIFF 2 2 ATTORNEY-AT-LAW 3448 TRINDLE ROAD CAMP HILL, PA 17011 Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations- under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 39. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance w ith the laws of the Commonwealth of Pennsylvania. 40. 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 con- stitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING -THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT PROVISIONS OF THIS AGREE- MENT 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 have set DIANE G. RADCLIFF ATTORNEY-AT-LAW 2 3 3448 TRINDLE ROAD CAMP HILL, PA 17011 their hands and. seals the day and year first above written. L) R RA BAUGH (SEAL) T RADA DIANE G. RADCLIFF ATTORNEY-AT-LAW 3418 TRINDLE ROAD CAMP HILL, PA 17011 24 WITNESS: 4 + T COMMONWEALTH OF PENNSYLVANIA COUNTY O F C.~,,,,, b+~.lLa~,,. ~ S S On this the g~" day of 1990, be-fore me the urn -ersigned office persona Ty app geared, MARYBETH E. RADABAUGH, known to me (or satis- factorily proven) to be the person whose name- is sub- scribed to the within Agreement, and acknowledged that she executed the same for the purpose. therein con- tained. IN WITNESS WHEREOF,. I have hereunto set my hand and notarial seal. IC My Co sion Expires: NOTt1hi.4L ScAL DIANE G. RADCLIFF, NOTARY PUBLIC CAMP HILL BoRO, GUMBERLAND COUNTY COMMONWEALTH O F PENNSYLVANIA ~ MY COMMISSION EXPIRES JAN.11, ~ 992 ' S S Membx, Psnr~y;~ania Assoc~tion of Nataries COUNTY OF C'~/yi~~'k'<~/U~ On this the /7'`~ day of , 19~e, before me theme-ersigned of~ic personaTTy ap- peared, SCOTT D. RADABAUGH, known to me (or satisfac- torily proven) to be the person whose name is sub- scribed to the within Agreement, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ~~,~-~. N R U L My Commission Expires: 1--~~~~~~q~ Nctatial seat Cattia*ine E. ~usum, Notary Public Mechanicburg Earc~h, Cumberland County My Commission Expires Feb. 27,1994 Member, PenrisyNaniaAssociagon of Notaries DIANE G. RADCLIFF ATTORNEY-AT-LAW Z 5 3448 TRINDLE ROAD CAMP HILL, PA 17011 EXHIBIT "B" April 11, 2006 Dear Scott, I am writing this letter to ask for your help with the repayment of Alicia's college loans. She is currently in the process of consolidation and the loans will come due as of June 1, 2006. Alicia's repayment total is $66,624.00, and based on your last known salary of $80,000.00 and mine of $20,000.00, that would split repayment approximately 80/20, your share being roughly $53,000.00. I'm hoping you feel as I do that it would only be right to relieve Alicia of so much debt so she can move forward unencumbered and that it is our responsibility as her parents. Sincerely, Beth EXHIBIT "C" June 21, 2006 Dear Scott, Since I have received no response from you regarding the letter I sent April 11, 2006 asking you to contribute to Alicia's college education, I am again writing, this time to inform you that I will be referring this matter to the courts, Enclosed you will find a copy of paragraph 27 from our Marriage Settlement Agreement which states that the costs of education "including but not linnited to by way of specification, tuition, room, board, .fees, supplies and reasonable transportation expenses shall be shared by the parties on a pro-rate salary basis." I am awaze that you applied for and received a PLUS Loan during Alicia's sophomore yeaz for approximately $5,000, which was disbursed first on August 28, 2002 and then again on December 27, 2002. I also applied for and received a PLUS Loan in the amount of $4,000 which was disbursed during Alicia's senior year on March 8, 2005, In addition, I made a payment of $1016.05 on October S, 2005 which was applied to accruing interest on Alicia's Stafford Ioans. Included with this letter you will find copies of money borrowed from both private lenders and the federal government (Stafford /Perkins Loans). The government loans totaling approximately $24,563.00 are in the process of being consolidated through Members 1st. This process will take roughly 6 - 8 w~ and month! $159.00. The private loans with Citibank numbered 20, 21, and 22 total 8 573.481 payment is scheduled to begin Dumber of 2006 in the amount of $114 per month. Private loans with Sallie Mae total $27,231.01 and scheduled to begin July,? 2006. 'We are I " forf~eribeatrance~ amount of $296.46 is hand ,and aPP Y~ ,because of the matter at payments would be due in six months. The f nal private loan is a TERI loan in the original amount of $12,299, and the first monthly payment in the amount of $140.73 is due on July 17, 2006, There is also another matter of $2,000.00 owed to PHEAA, re to Alicia lost when she moved out of my home and back to yours. you re fug ~t ode y information which PHEAA n;cluested ~ be able to in touch with them and .have notified them that it is a~matter thatthat ~ ~~ f~t'~ ~ ve been resolved in court. T'he total monthly payment of ail loans (excluding PHEAA) is $710.19 as of this date. All amounts are subject t4 change as interest is accruing. daily. It is important that we resotve this matter as quickly as possible. ~incerety, Beth EXHIBIT "D" 1~ 1~ ~u .. ~.~.i~:..., ,.. .,7111 P.o. Box X500 MTLKES l3ARRE PA 18773-9500 [888) 272-5543 ALICIA M RADABAUGH 1315 WARWICK RD CAMP HILL PA 17011-6141 I,,,III,,,lil,,,,,,II,,,Ii,II,,,,,II,I„I,,,II,,,II,I,1,,,1,11 Dear ALICIA M RADABAUGH, Account Number: 9659605664-1 05/04/06 The repayment terms on your private education loan(s) is changing and we are enclosing a new payment schedule for your loan(s). The terms are changing because: 1) you requested that we extend your repayment term; 2) you requested to repay your loan(s) with a Select Step Account; 3) your out-of-school date changed; 4) your payment due date changed; 5) the deferment or forbearance on your loan(s) is ending soon, and interest will be capitalized (added to loan principal). Your private education loan(s) have a variable interest rate and, as a result, your monthly payment amount may be subject to change. Remember that the monthly payment amount is the total amount due for all of your loans in active repayment that are owned and serviced by Sallie Mae. For the convenience of monthly notification, please go to SallieMae.com and log on to Manage Your Loans, Sallie Mae's online account management tool, to select your payment method. You. may choose either Online Billing or Auto Debit to make your student loan payments. You can update your a-mail address, choose to receive correspondence and monthly bills online, review repayment options, and register in. the Great Sallie Mae Giveaway for the chance to have up to $25,000 of your student loans paid. Customer Service Enclosure: Payment Schedule P.S. You will receive a separate notice if the terms on your other student loans are changing. PHONE (888) 272-5543 FAX (800) 848-1949 TDD PITY (888) 833-7562 24 HRS/7 DAYS Para comunicarse en Espanol con 'Atencion al Cliente', Name gratis al 1-888-272-5543, y marque el numero correspondiente. ~ryY 96s9sosssgaet16o99 l H292 SYSTEM 0001 I~N~~~~~~ ~~~{ . <3'L~-~ 0 "~ ~; ~ c~.'~ ~ l'e't: `C1 g~evav allieh~lar,.a,~n • P.O. BOH 9500 WILKES BARRE PA 18773-9500 (888) 272-5543 PAYMENT SCHEDULE AND DISCLOSURE STATEMENT ALICIA M RADABAUGH 9659 9659605664-1 is your account number. This is the payment schedule for your 5I+B•~TUDNT loan owned by SALLIE NAE TRUST and a disclosure of the finance charges related to this loan. Loan Date: 01/30/03 Original Loan Amount:$ 2,700.00 05/04/06 v No. of Amount of Pymts. a Payments e 1 24.04 Due Monthly I No. of I Amount of Due Monthly Beginning a Pymts. a Payments a Beginning e 05/06/21 $ This loan's interest rate is equal to the index + a margin, rounded to the percentage as provided m your promissory note. 1The current index is 7.500 %. The current margin is 2.000 %. Your current interest rate is 9.500 %. When you enter repayment, your margin will be 2.000 %. Unless the index changes, your interest rate will be 9.500 %, In no event will the interest rate exceed the maximum rate allowed by law. Variable Rate: The Annual Percentage Rate may increase during the term of this transaction if the Index increases as determined by the interest calculation formula set forth in your Promissory Note. Any increase in the. rate will take the form of higher regular payments. For example, assume that your loan is for 510,000 at 8% interest for 180 months. If the interest rate increases to 8.25% your monthly payment amount will increase from 595.57 to $97.00. Prepayment: If you pay off all or part of this obligation early, you will not have to pay a penalty. You may receive a refund of part of the finance charge, if required by law. ;' Late Charge: If any part of an installment is more than 15 days late, you may have to pay a late charge of 55.00 or S% of the installment, whichever is greater. Security: You have given a security interest in any refund that may be due to the student from the school. Note: Please see your Promissory Note for information about nonpayment, default, the right to accelerate the maturity of the obligation, and prepayment rebates and penalties. 'e' means estimate *ITEMIZATinly nu a lbrnr rrvm i7rn, ~,.r.~cr. ANNUAL PERCENTAGE RATE: The cost of your credit as a yearly rate FINANCE CHARGE: The dollar amount the credit will cost Amount Financed:' The amount of credit provided to Total of Payments: The amount you will have paid when you you or on your behalf you have made all scheduled payments 9.950 % e nrro man. v.~r,...,. ~:....,...,. .. ...... _ $ 3,268.54 e _ $ 3,547.98 e $ 6,816.52 e No. of Pymts. a Amount of Payments a Due Monthly Beginning e 178 $ 38.16 07/06/06 Loan Balance 5 2,862.00 Accrued Unpaid Interest 5 685.98 Suppplemental Fee 5 106.44 (The amount of the Supplemental Fee paid) Prepaid Finance Charge (5 106.44) (Supplemental Fee added to your Finance Charge.) Amount Financed 5 3,547.98 H295 SYSTEM 0001 An additional Supplemental Fee of 3.00% is included in the Finance Charge. Under the terms of your note, you may be required to make a minimum monthly payment of 550 per loan. To make repayment manageable, we have scheduled your monthly payment based' on a minimum of 550 per private loan program, rather than per loan, which may make your monthly payment lower and the total interest paid amount higher. If you wish to increase your minimum monthly payment amount for this loan, please call us at 1-888-2-SALLIE. ~uux"'wu~~unia .~ v,... .~ ~. ~i.3 c: ~,.llll ' P.O. BUx 9500 WILKES BARRE PA 18773-9500 (8881 272-5543 PAYMENT SCIIEDULE AND DISCLOSURE STATEMENT ALICIA M RADABAUGH 9659 9659605664-1 is your account number. This is the payment schedule for your SIG~STUDNT loan owned by SALLIE MAE TRUST and a disclosure of the finance charges related to this loan. Loan Date: 05/27/03 Original Loan Amount:$ 7,000.00 05/04/06 Y ANNUAL PERCHNTAGE RATH: The cost of your credit as a yearly rate FINANCE CHARGE: The dollar amount the credit will rnst Amount Financad:• The amount of credit provided to Total of Payments: The amount you will have paid when you you or on your behaff you have made all scheduled payments 9.950% a $ 8,337.77 e $ 9,050.06 e $ 17,387.83 e 'It IR RR1)evv ctrr crvc.~t,. n ,.,... .. ., No. of I Amount of Due Monthly No. of Amount of Due Monthly Pymts. a Payments a Beginning a Pymts. a Payments a Beginning e 1 I$ 61.31 I 05/06/21 I I I$ This loan's lntere0t rate is equal to the index + a ma°rgln, rounded to the percentage as provided m your promissory note.'The current index is 7.500 /o. The current margin is 2.000 /o. Your current interest rate is 9.500 %. When you enter repayment, your margin will be 2.000 %. Unless the index changes, your interest rate will be 9.500 %. In no event will the interest rate exceed the maximum rate allowed by law. No_ of Pymts. a Amount of Paynlenu a Dua Monthly Beginning e 178 $ 97.34 07/06/06 Loan Balance $ 7,420.00 Accrued Unpaid Interest $ 1,630.06 Supplemental Fee $ 271.50 {The amount of the Supplemental Fee paid) Prepaid Finance Charge ($ 271.50) (Supplemental Fee added to your Finance Charge.) Amount Financed $ 9, 050.06 Variable Rate: The Annual Percentage Rate may increase during the term of this transaction if the Index increases as determined by the interest calculation formula set forth in your Promissory Note. Any increase in the rate will take the form of higher regular payments. For example, assume that your loan is for $10,000 at 8% interest for 180 months. If the interest rate increases to 8.25% your monthly payment amount will increase from $95.57 to $97.00. Prepayment: If you pay off all or part of this obligation early, you will not have to pay a penalty. You may receive a refund of part of the fmance charge, if required by law. :' Late .Charge: If any part of an installment is more than 15 days late, you may have to pay a late charge of $5.00 or 5% of the installment, whichever is greater. Security: You have given a security interest in any refund that may be due to the student from the school. Note: Please see your Promissory Note for information about nonpayment, default, the right to accelerate the maturity of the obligation, and prepayment rebates and penalties. 'e' means estimate *ITEMIZATION OF AMOUNT F(Nelvr>:n e H295 SYSTEM 0001 An additional Supplemental Fee of 3.00% is included in the Finance Charge. Under the terms of your note, you may be required to make a minimum monthly payment of $50 per loan. To make repayment manageable, we have scheduled your monthly payment based"on a minimum of $50 per private loan program, rather than per loan, which may make your monthly payment lower and [he total interest paid amount higher. If you wish to increase your minimum monthly payment amount for this loan, please call us at 1-888-2-SALLIE. irr~ox~NUii~w~u~nu '. a. ;,_ ; i1'W',b„ ,;~Illrcl l riUii P.O. BOX 9500 WYLKES BARRE PA 18773-9500 (888) 272-5543 PAYMENT SCHEDULE AND DISCLOSURE STATEMENT ALICIA M RADABAUGH 9659 9659605664-1 is your account number. This is the payment schedule for your SI6 $TUDNT loan owned by SALLIE NAE TRUST and a disclosure of the finance charges related to this loan. Laan Date: 09!19/03 Original Loan Anount:$ 16,000.00 05/04/06 i Y ANNUAL PERCENTAGH RATE: The cost of your credit as a yearty me FINANCE CHARGE: The dollar amount the credit will cost Amount Financed:• The amount of credit provided to Total of Payments: Tha amount you will have paid when You you or on your behaK you have made all scheduled payments 11.466 % e 1i T17 RFPe VIlCwrm envar.,. z ,..... .. $ 12,152.32 e .. $ 10,642.18 e $ 22,794.50 e No. of Pymts. a Amount of Payments a Due Monthly Beginning e 178 $ 128.05 07/06/06 No. of Amount of Due Monthly Pymts. a Payments a Beginning e $ l nls loan's lntereot rate is equal to the index + a margin, rounded to the percentage as provided m your promissory note. IThe current index is 7.500 /o. The current margin is 4.000 %. Your current interest rate is 11.500 %. When you enter repayment, your margin will be 4.000 %. Unless the index changes, your interest rate will be 11.500 %. In no event will the interest rate exceed the maximum rate allowed by law. Variable Rate: The Annual Percentage Rate may increase during the term of this transaction if the Index increases as determined by the interest calculation formula set forth in your Promissory Note. Any increase in the rate will take the form of higher regular payments. For example, assume that your loan is for 510,000 at 8% interest for 180 months. If the interest rate increases to 8.25% yow monthly payment amount will increase from 595.57 to $97.00. Prepayment: If you pay off all or part of this obligation early, you will not have [o pay a penalty. You may receive a refund of part of the finance charge, if required by law. ;' Late Charge: If any part of an installment is more than 15 days late, you may have to pay a late charge of $5.00 or 5% of the installment, whichever is greater. Security: You have given a security interest in any refund that may be due to the student from the school. Note: Please see your Promissory Note for information about nonpayment, default, the right to accelerate the maturity of the obligation, and prepayment rebates and penalties. 'e' means estimate Loan Balance Accrued Unpaid Interest Supplemental Fee (The amount of the Supplemental Fee paid) Prepaid Finance Charge (Supplemental Fee added to your Finance Charge.) Amount Financed 5 8,480.00 5 2,162.18 $ 319.27 (5 319.27) 5 10,642.18 H795 SYSTEM 0001 No. of Pymts, a Amount of Paymenu a Due Monthly Beginning e 1 $ 1.60 05/06/21 An additional Supplemental Fee of 3.00% is included in the Finance Charge. Under the terms of your note, you may be required to make a minimum monthly payment of $50 per loan. To make repayment manageable, we have scheduled your monthly payment based*on a minimum of $50 per private loan program, rather than per loan, which may make your monthly payment lower and the total interest paid amount higher. If you wish to increase your minimum montlily payment amount for this loan, please call us a[ 1-888-2-SALLIE. nu~niii~MnYnnii ,neAdae ~nn o. Box 9500 WILKES BARRE PA 18773-9500 (888) 272-5543 PAYMENT SCHEDULE AND DISCLOSURE STATEMENT ALICIA M RADABAUGH 9659 9659605664-1 is your account number. This is the payment schedule for your SIG STUDNT loan owned by SALLIE MAE TRUST and a disclosure of the finance charges related to this loan. Loan Date: 08/30/05 Original Loan Amount:0 3,000.00 05/04/06 Yi ANNUAL PERCENTAGE RATE: FINANCE CHARGE: Amount Financed:' Total of Payments: The cost of your credit as a yearly rata The dollar amount the credit will cost The amount of credit provided to The amount you will have paid when you ~ you or on your behalf you have made all scheduled payments 9.192 % e S 2,687.65 e S 3,197.28 e $ 5,884.93 e UR REPAYMENT srrut:nrir r m,r ^ a No. of Amount of Pymts. a Payments e 1 26.95 Due Monthly No. of Amount of Due Monthly Beginning a Pymts. a Payments a Beginning e 05/06/21 g ' This loan's interest rate is equal to the index + a margin, rounded to the percentage as provided' m your promissory note. IThe current index is 7.750 %. The current margin is 1.000 %. Your current interest rate is 8.750 %. When you enter repayment, your margin will be 1.000 %. Unless the index changes, your interest rate will be 8.750 %. In no event will the interest rate exceed the maximum rate allowed by law. Variable Rate: The Annual Percentage Rate may increase during the term of this transaction if the Index increases as determined by the interest calculation formula set forth in your Promissory Note. Any increase in the rate will take the form of higher regular payments. For example, assume that your loan is for $10,000 at 8% interest for 180 months. If the interest rate increases to 8.25% your monthly payment amount will increase from $95.57 to $97.00. Prepayment: If you pay off all or part of this obligation early, you will not have to pay a penalty. You may receive a refund of part of the finance charge, if required by law. Late Charge: If any part of an installment is more than 15 days late, you may have to pay a late charge of $5.00 or 5% of the installment, whichever is greater. Security: You have given a security interest in any refund that may be due to the student from the school. Note: Please see your Promissory Note for information about nonpayment, default, the right to accelerate the maturity of the obligation, and prepayment rebates and penalties. 'e' means estimate *ITEMIZATION OF AMOUNT Ftlvetart.n _ No. of Pymts. a Amount of Payments a Due Monthly Beginning e 178 $ 3 07/06/06 Loan Balance Accrued Unpaid Interest Supplemental Fee (The amount of the Supplemental Fee paid) Prepaid Finance Charge (Supplemental Fee added to your Finance Charge.) $ 3,000.00 $ 197.28 $ 95.92 ($ 95.921 $ 3,197.28 Amount Financed An additional Supplemental Fee of 3.00% is included in the Finance Charge. Under the terms of your note, you may be required to make a minimum` monthly payment of $50 per loan. To make repayment manageable, we have scheduled your monthly payment based on a minimum of $50 per private loan program, rather than per loan, which may make your monthly payment lower and the total interest paid amount higher. If you wish to increase your minimum monthly payment amount For this loan, please call us at 1-888-2-SALLIB. 965960566456116090 I~I~~~I~~INM~N~aw11N1aINM~dM~N~~11II~ltln~l~ulp i~tl :+S OF OS/0;/OG, `iuUf: P~iiJCIFAL BALAiJCE uiJ THE LuAiJ,a LISTED GELOW iS ~ ___ $21,762.00. YOUR ' IS ZERO LOANS WILL BE PAID OFF WHEN THE PRINCIPAL BALANCE . PLEASE REMEMBER THAT PAYMENT AMOUNT. ACCRUED INTERES T IS REFLECTED IN YOUR DISBURSED ORIGINAL INTEREST LOAN DATE AMOUNT RATE 01 01/30/03 $2,700.00 9.50 02 05/27/03 $7,000.00 9.50 03 09/19/03 $16,000.00 11.50 06 08/30/05 $3,000.00 8.75 ~ ~ ~ d O 3 t 1.,:~:: 1-.I--X11-~:i ,~.,- •1 j,' {tlly-~ _ ~-. ----- --------------- ~ ,_ l~ '_'~ 1 .- ~, t~L.WI 14 ~l.J-mod' _.. ~ r" ~ ~,.,~_.,_* # # * * * # * * # * # # Z o -------- I---- - - -- ~ w ~ ~_ , ' ~. ; -- MAKE CHECK PAYABLE IN U.S. CURRENCY TC!; I ; F,;~ ; 1 ~ Sallie Mae Servicing „ .. , ! r,, I ~ >.I::y , ,,aF~,, I,~ ,, ,,,., , , ; i Z °' ... - ~ --------- PO BOX 9532 ~ ~, .1 ,, ~ 11 ,,,. ,.1,; 1 ~ ~::~ , ,•-~ ~ ~ rl 1,. ....-- W`1LKE5-fiAFk 73 ~ 1 ~•c 1 - . 11 I W ~ ~ ~ :3 ~ .1 11 Il.l, l:l-. 1 I r_~I,,. I~tllllltllllllllttlltllllltltltllll~llllttllllllltttltl l ~ I tl~ 1 I Jl t 11 ll U ttt _.._ _._.----~-___.__~_._---- a ~ J Z ¢ ~ c a~ Q p ~ Gi)iii~7 J Z ~ °' si ~ Idr) ~ ~Si-1 ,. `_ _ ~ O O °c oo ~' '[7 0 ~ ~ W o °- ~ ~ -- - _-.~ ~.~:~ ~ _ ~'_~. '7 I_i,~t'1? 9659605664-1 ~ ~~~ ari{dt J ;_'i ~ poR,~, l~4~ ( - -~ ~ ` -- ~ ~ ~ ~ L = d ~ ~ c,t;_ Inc-I~I~a ----------- 111 I AUG 06 06 ~ $296.46 l ~ Q ~ ~, 1O - - ALICIA M RADABAUGH _ ----- -- --- -- __.. ----- -- ' ~- __~ U~ ~ ~ c ~ 3 ----'--` t _._._._._..__`._._ ._ ~ nl ` ~ ~ m liictl:Nluni,,r MAKE CHECK PAYABLE IN U.S. CURRENCY TO: ~.l , Gy WL /1~ v CA O z ~ °~ «~ 3 - ,-. Sallie Mae Servicing I ~: a ~ .!V t c:;,;, I~ ,.1_ .'I i'. inba I .n l:; .:.I , r: _ a Z O O1 ~ a = __ Aul- 11 PO BOX 9532 -~' I I,.~ I ,t ~ IL11:: 1 :.rles[~ In~l o~ °/ w o ~ ~ ~N ~>I,-1 Ills , ,l„ WILKES-BARRE PA 18773-9532 - 1~~~ I t"1 ~'^1111 `~~'I"~ `~"' r X11 ~ w ~ ~ ~ ~ ;~, .I ,..,..: IIt111111LI1t~IL1~I1JI1111tttLLItII1ttI11t11L Ll ~ . ll l ! o Q Q ,~ T o tt _ ltt __ ---._ _~.. -- W` Z a ~ N ~ ~-~ a~ 011D65332535 96596056646 000029646 N 7 -fir w -G ~ ~ ~ ~ 7 Iti - o ~ ~ N ~ If you have a variable interest rate loan, your p ayment amount may be ~ ~, ~ 3 j different because the interest rate changed in July. N Z E E ~ m a i'usl„lu , r,~,-on, u Z ~m t °W T c m E _~ m^- .~ m X -_ ---- r~ n~l l ~~ r"_,;,,'~:! ir~d~lr°t$W~a' ~~~_..~.,.."_~ ..._9659605664 1 I" ~~~,,>,~ 11y~~T ' Isa4o,, ~'e ~ `''~""`~ JUL 06 06 ~ ~ rg $ 9 ~ ~r a, ~<I 6.46 ~ oo ~~ ~' w ~ ,~ C ~ ~ ~ ~L ~s Cha:~i i:n»b~,r ALICIA M RADABAUGH MAKE CHECK PAYABLE IN U.S. CURRENCY TO: _ _~------ ---- ,::rnai_Irt ~,. __._ h =z OO °' Y ~ Sallie Mae Servicing r.nc;o,.~c~ ~~ I,, I I,: r ~ 11 rrlil ~ I~I~I ~,I; r ~ r,~, ~"~ ~ tll ~~... a» I,x - PO BOX 9532 ;J:~ 1I pr ~I 1 ~.Ilu n rl c1 ~ uesr,uxl~1 ~~ ~ Y ~ ~~ Q Vl } ~ F~Ir ~ 11 ,,,_ ui~ F4. u I h n~,.~.! WILKES-BARRE PA 18773-9532 I1 I~ I O L J:il ~~. Wilhc> t, 3: r A . ,,,~,, ~ -0 U ~ Q ~ ~', II 1~-. IIIIIIIIIIIIIIIIIIIIIIIIIIIIItlllllllllllllllllllllllllll ?O i blu~ ~il L I i -1 irdc l l ~ UJ O CL ~ lll -..... _._ _-....._.-...-._.w_._..-_ ._ °= `" w - O m ~a 011065332535 96596056646 ODOD29646 ~ 4 4 -1,:, ; Amount due listed above does not include an y past due amounts. P+I r American Education Services 16852 Name Account Number Date Billed Date Due ALTCIA M RADABAUGH 75 2696 5741 05-30-06 06-18-06 Date Last Principal Amt Interest Amt Late Fee Amt Total Amount Payment Last Payment Last Payment Last Payment Last Payment 10-05-04 50.00 5751.66 90-;;Q,O ;~; X751.66 s ~~ ~s^ o. .- a~ ._. .C i N ~~e O ~~ m o~~ ~. Bill Type Amount Past Due Current Due Total PrincipBl~ AndlFftterest Due Outstanding Late INT NOTICE 50.00 512U.40 . "' ~~ Fees To Date Accrual Accrual ' e:- ~~~~°~ Loan Seq First Disb Loan Program Status Period Begin Date Period End D t Int °`~' `" ', Amount Current Total 1002 09/25/01 UNSTFD GRACE 04/01/06 a e Rate ' ` Balance Past Due Amount Due Amount Due 1003 09/25/01 UNSTFD GRACE 04/01/06 06/18/06 06/18/06 4. ~p0l~ ~r%i~$2,336.00 4.7i'!p~ $4 000 00 $0.00 1006 1007 02/10/04 03/02/04 UNSTFD UNSTFD GRACE GRACE 04/01/06 0 06/18/Ofa:a~ 4.706~~ ~ , . $3,364.00 $0.00 $0.00 $40.69 $267.03 $34.22 $222 05 4/01/06 06/18/Qi~~y 4.700f. $2,136.00 $0.00 . $21.73 $140.95 ,. ~ , " ~~ r ..... . °~a _}_ :G~ iY~^ tt i71 iii :9. ~~' THIS IS NOT A BILL...TIi>y,TOTAL DUE SHOWN ABOVE IS AN ACCRUED INTEREST AMOUNT THAT WILL BE CAPITALIZED (ADDED•,TO'=THE PRINCIPA'L'BALANCE) IF NOT PAID, ACCORDING TO THE TERMS OF YOUR PROMISSORY NOTE.:~~';?~_ " Return lower portion with payment to name Nnd address listed below. Do not staple, fold or tape. Customer Statement ^ Check to indicate change of address on reverse Amount Paid - Do not write dollar ($) sign in boxes below or on check. Account Number Date Due Total Amount Due 75 2696 5741 06-18-06 $0.00 20061500175269657411DD007859700000000000000003 #BWNDHKB #B815 8357 2205 30L0# ALICIA M RADABAUGH il~nil~~u~i!n~~ilu~~~il~~n~~~u~~u~~~nnuil~~~~nm~~~ililuil 1315 WARWICK RD AMERICAN EDUCATION SERVICES CAMP HILL PA 17011-6141 HARRISBURG PA 17130-0001 r American Education Services 0 Name Account Number Date Billed Date Due ALICIA M RADABAUGH 75 2696 5741 05-28-06 06-17-06 Date Last Principal Amt Interest Amt Late Fee Amt Payment Last Payment Last Payment Last Pa ment Total Amount Y Last Payment 10-05-04 $0.00 $309.39 Sat?~0 rr: 5309.39 Bill Type Amount Past Due Current Due INT NOTICE $0.00 519U.56 Accrual. Loan First Loan Period Seq Disb Program Status Begin Date 1005 01/21/04 ALPLN GRACE 04/01/06 Accrual ''~ Period Int End Date Rate Balance 06/17/06 7.~~01~~°~`-g12,299.47 .:~.Cs'> ,ti' '5:: ~~~a~ ~~~.. ~' fi_ Vie,. a ~ti~~'i:Yy.~ii iY.:. '~~~Mi~ij e(~+Y .ii ~~. •~'~iY ..... :21 +:4n. ..• 11474 Fees To f] 50.00 ~.. ~~~ ~- o~ o~ v! .. M ~i ~.." ~® .. ...~ Amount Current Total Past Due Amount Due Amount Due 90.00 5190.56 51,213.60 T E ~Z t to~~.t •S~I THIS IS NOT A BILL._..~TH)~,TOTAL DUE SHOWN ABOVE IS AN ACCRUED INTEREST AMOUNT THAT WILL BE CAPITALIZED (ADDEDTO=THE PRIt1CIPAL'BALANCE) IF NOT PAID, ACCORDING TO THE TERMS OF YOUR PROMISSORY NfJTE,:;°'~~;;,, ~" ;.~^ ,. ^.7. Relurn bwer portion with payment to name ~gnd address Iisled hebw. Do nol staple, fold or tape. Customer Statement ~ Check to indicate change of address on reverse Amount Paid - Do not write dollar ($) sign in boxes below or on check. Account Number Date Due Total Amount Due 75 2696 5741 06-17-06 50.00 2006148017526965741100012136000DOOOD0000000001 #BWNDHKB #8815 8357 2205 28L4# ALICIA M RADABAUGH ~~u~~~~n~~u~~u~~ilin~~~~u~~u~~~~umE~~~~un~~~~~~u~ 1315 WARWICK RD AMERICAN EDUCATION SERVICES CAMP HILL PA 17011-6141 HARRISBURG PA 17130-0001 ,4w~at-~,-,;.ell; r '' Citibank USA, IV.,4. P.O. Box 6199 Sioux Falls, SD 57117-6191 1-800-967-400 TDD 1-800-846-198 studenfloan.com IIIII'flil III111111'IIIII'II~11111'~1'11 ~IIlf'111'IIII'111~1'~ T36 Pt 09201 1/11/2006 ALICIA M RADABAUGH 1315 WARWICK RD CAMP HILL PA 17011-6141 Dear Alicia M Radabaugh: January 10, 2006 Thank you for choosing us for your educational financing needs. The unpaid principal and interest balances are provided below for your alternative loans not currently in repayment. Interest continues to accrue on your unpaid principal. Any unpaid interest will be capitalized (added to the principal balance of your loans) at the end of the deferment period. Loan Number P i r ncipal Balance Interest Balance Interest Rate (%) 20 2,000.00 77.03 11.000 You may elect to prepay all or any part of your alternative loans at any time without penalty. Paying all or a portion of the interest that is accruing on your loans will reduce the unpaid amount subject to capitalization. When making payments, please provide your Social Security Number and loan numbers on the check or money order. Payments may be mailed to: Payment Processing Center P.O. Box 6615 The Lakes, NV 88901-6615 If you have any questions, please visit us at studentloan.com, or call Customer Service, Monday through Friday, 8:00 a.m. to 11:00 p.m. Eastern Time. Sincerely, Customer Service Citibank FFELP student loans are originated and held by Citibank, N.A. as trustee for The Student Loan Corporation. CitiAssist student loans are originated by Citibank, N.A, and assigned to The Student Loan Corporation. 2704754050778 Citibank USA, N.A. and Citibank {Nevada), N.A. provide loan services for Citibank student loans. 9601.04200 A memberof c~Uglzwp~' Citibank USA, N.A. P. O. Box 6991 Sioux Falls, SD 579 97-6999 7 -800-967-2400 TDD 9-800-846-1298 studentloan. com ~u~~~~nil~~uuu~ln~~~i~~un~~~~~n~n~~~u~~~~~~~u~~~~~ T36 P1 09201 7/11/2006 ALICIA M RADABAUGH 1315 WARWICK RD CAMP HILL PA 17011-6141 Dea+- Alicia M Radabaugh: 1- '~ I ~ ., January 10, 2006 Thank you for choosing us for your educational financing needs. The unpaid principal and interest balances are provided below for your alternative loans not currently in repayment. Interest continues to accrue on your unpaid principal. Any unpaid interest will be capitalized (added to the principal balance of your loans) at the end of the deferment period. Loan N b um er Principal Balance Interest Balance Interest Rate (%) 21 3,000.00 48.73 11.000 You may elect to prepay all or any part of your alternative loans at any time without penalty. Paying all or a portion of the interest that is accruing on your loans will reduce the unpaid amount subject to capitalization. When making payments, please provide your Social Security Number and loan numbers on the check or money order. Payments may be mailed to: Payment Processing Center P.O. Box 6615 The Lakes, NV 88901-6615 ~, If you have any questions, please visit us at studentloan.com, or call Customer Service, Monday through Friday, 8:00 a.m. to 11:00 p.m. Eastern Time. Sincerely, Customer Service Citibank FFELP student loans are originated and held by Citibank, N.A. as trustee for The Student Loan Corporation. CitiAssist student loans are originated by Citibank, N.A. and assigned to The Student Loan Corporation. 2704754050778 Citibank USA, N.A. and Citibank (Nevada, N.A. provide loan services for Citibank student loans. 9601.04200 A memberof utigroup'~" .N" I ~ tl \ p --. tw,d 3la (ylt~ • 1 Citibank USA, N.A. P. D. Sox 6 i 91 Sioux Falls, SD 57i 17--6191 February 07, 2006 1-800-967-2400 TDD 1-800-846-1298 sfudenfloan.com ~n~~~~n~~~lnun~~nr~~~~~~nu~~~~u~n~~~ni~~~~r~n~~~~~ T73 P7 03308 2/8Y2006 ALICIA M RADABAUGH 1315 WARWICK RD CAMP HILL PA 17011-6141 Dear Alicia M Radabaugh: Thank you for choosing us for your educational financing needs. The unpaid principal and interest balances are provided below for your alternative loans not currently in repayment. Interest continues to accrue on your unpaid principal. Any unpaid interest will be capitalized (added to the principal balance of your loans) at the end of the deferment period. Loan Number Principal Balance Interest Balance Interest Rate (%) 22 3,000.00 5.42 11.000 You may elect to prepay all or any part of your altemative loans at any time without penalty. Paying all or a portion of the interest that is accruing on your loans will reduce the unpaid amount subject to capitalization. When making payments, please provide your Social Security Number and loan numbers on the check or money order. Payments may be mailed to: Payment Processing Center P.O. Box 6615 The Lakes, NV 88901-6615 ,3 If you have any questions, please visit us at studentloan.com, or call Customer Service, Monday through Friday, 8:00 a.m. to 11:00 p.m. Eastern Time. Sincerely, Customer Service Citibank FFELP student loans are originated and held by Citibank, N.A. as trustee for The Student Loan Corporation. CitiAssist student loans are originated by Citibank, N.A, and assigned to The Student Loan Corporation. 2704754050778 Citibank USA, N.A. and Citibank (Nevada), N.A. provide loan services for Citibank student loans. 9601.04200 i~ s i~ 0 ilia ii® A memberof c~tigroup' 08/17/2dd8 13:28 FA% 7178913112 PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY BOX 64849, BALTIMORE MD 21264-4849 ALICIA M RADABAUGH 1315 WARWICK ROAD CAMP HILL PA 17011-6141 ~ 002 GRANT REFUND COLLECTION STATEMENT DATE DUE OS-25-2006 Cvl hen TOTAL AMOUNT DUE 92,000.00 INSTALLMENT PAYMENT DUE 52,000.00 PAST AMOUNT DUE S2.ODO.Q.Q AMOUNT DUE 92,000.00 RETURN ONE COPY OF THIS STATEMENT WITH REMITTANCE Cvl ben PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY BOX 64849, BALTIMORE MD 21264-4849 N** SECOND LATE NOTICE *** DATE BILLED 08-01-2006 MAKE CHECK PAYABLE T0: PHEAA-STATE GRANTS INCLUDE YOUR ACCOUNT NUMBER ACCT #: 75 2696 5741 ALICIA M RADABAUGH 1315 WARWICK ROAD CAMP HILL PA 17011-6141 GRANT REFUND COLLECTION TATEMENT DATE DUE 08-25-2006 *** SECOND LATE NOTICE *** DATE BILLED 08-01-2006 MAKE CHECK PAYABLE T0: PHEAA-STATE GRANTS INCLUDE YOUR ACCOUNT NUMBER ACCT Ik: 75 2696 5741 TOTAL AMOUNT DUE 52,000.00 INSTALLMENT PAYMENT DUE 52,000.00 PAST AMOUNT DUE S2.000.O.Q AMOUNT DUE S2,000,00 C 0v'8/17/2006 13:26 F~% 7176913112 . n, ` I ~ Etlucation Services ~.,c~~ ~~ j -~ ) i r r /~'` 25oe Suucn Finley Roaa A C s;q LOmbartl, IL 601x9-4b09 (800) 826-4470 JULY 3l, 2006 DISCLOSURE OF FINANCE CHARGES BORROWER: ALICIA N RADABAUGH 1315 WARWICK ROAD CAMP HILL, PA 17011 -" - -•--- AC-~fl{1NT •H~O: - 60628-E04-OG-678:-00 LENDING INST: UNIVERSITY OF PITTSBURGH FINANCED AMOUNT: 52,500.00 I: ~~ /~ /> ~ .,;;. 2~~~0~ :1. ~ c'~ BASED ON THE TERMS OF THE PROMISSORY NOTE YOU SIGNED, DISCLOSURE IS HEREBY MADE. REPAYMENT SCHEDULE ESTABLISHED, AND NOTIFICATION GIVEN IN REGARD TO YOUR FEDERAL PERKINS STUDENT ACCOUNT. YOUR FINANCE CHARGE, COMPUTED AT AN ANNUAL PERCENTAGE RATE OF 5.000%, BEGINS TO ACCRUE FEBRUARY 1, 2007 AND YOUR FIRST PAYMENT OF 550.42 IS DUE MARCH 1, 2007. YOU WILL HAVE 62 PAYMENTS PLUS A FINAL PAYMENT OF 520.08. THESE PAYMENTS ARE PAYABLE MONTHLY ON THE 1ST DAY OF EACH MONTH FOR A TOTAL PAYMENT OF 52,830.75 WITH A FINANCE CHARGE (CONSISTING OF INTEREST) OF 6330.75. YOU MAY, AT YOUR OPTION AND WITHOUT ANY PART OF YOUR ACCOUNT. THE ENTIR BE ELIMINATEb IF YOU PAY THE ENTIRE PRIOR TO FEBRUARY 1, 2007. HOWEVER, THE FINANCED AMOUNT, PLEASE CONTACT INSTITUTION IMMEDIATELY. PENALTY, PREPAY ALL OR E FINANCE CHARGE WILL PRINCIPAL BALANCE IF YOU DISAGREE WITH YOUR LENDING YOUR INTEREST ACCRUAL DATE AND FIRST PAYMENT DUE DATE MAY BE AFFECTED IF YOU ARE NOW, OR SHOULD BECOME ELIGIBLE FDR DEFERMENT OR PARTIAL CANCELLATION BENEFITS. PLEASE REMEMBER, IT IS NOT NECESSARY TO NOTIFY US, AT THIS TIME, OF YOUR PRESENT OR ANTICIPATED ELIGIBILITY. ****~t~t~***~***~**~ - VALIDATION NOTICE - **~*~**~~*~****~** * UNLESS YOU NOTIFY US IN WRITING WITHIN 30 DAYS OF THE ~ ~ RECEIPT OF THIS NOTICE THAT YOU DISPUTE THIS DEBT OR ~r ~ ANY PORTION THEREOF, WE WILL ASSUME THAT THE DEBT IS ~t VALID. ~~~ f~ 003 ~ N C~ c~~ ~~ ~~ t ,•i A' _T.r V7 r ('~J -- ~..... .C- .~` .., ~. ~-, ~~ ,=' ~ -,.J 'f7 ~~ -`~ (~) r[_~~ C7 .-~y t"rt Beth E. Radabaugh, n!k/a IN THE COURT OF COMMON PLEAS OF MaryBeth Enders Brown, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner y. :1968 CIVIL 1989 Scott D. Radabaugh Defendant/Respondent IN DIVORCE ORDER OF COURT AND NOW, this 29`h day of August, 2006, upon consideration of the Petition to Enforce Marriage Settlement Agreement, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the Defendant, Scott D. Radabaugh, to show cause why the petitioner is not entitled to the relief requested; 2. The Defendant will file an answer to this petition on or before September 20, 2006; 3. A copy of said answer will be filed with this Court; 4. Petitioner shall effect service of this Order upon the Defendant; 5. A hearing shall be held on Friday, October 27, 2006 at 1:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. bent, Jr., ..~ohn J. Connelly, Jr. Attorney for Plaintiff/Petitioner /S~cott D. Radabaugh ~ Defendant bas i Opt ~£ ~~d ©£ ~Il~ 9flal .-' • BETH E. RADABAUGH, n/k/a MARYBETH ENDERS BROWN Plaintiff v. r SCOTT D. RADABAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1968 CIVIL 1989 CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. .U- AND NOW, this ~ day of September, 2006, personally appeared before me, a Notary Public in and for the State and County aforementioned, John J. Connelly, Jr., Esquire, who, being duly sworn according to law, deposes and says that a copy of an Order and Petition to Enforce Marital Settlement Agreement was served on the Defendant, Scott D. Radabaugh, on September 2, 2006, by certified mail number 7002 0860 0004 2142 0457, as evidenced by the return receipt card attached hereto and made a part hereof. Sworn to and subscribed before me this day of September, 2006. Notary Public CpMMONWEALTH OF PENNSYLVANIA Notarial Seal Marla B. LaRue, Notary Public ~~~~ C~ouBrdy~ Msrr-bar, Pennsylvania Association of Notaries r- ~ ^ t'30wipitks Items; l , 2, and 3. Abo complete ~+ a ~ a3eetrkted t'~livery is deeirad. • hY~t yorx name and address on the reverse e01r18t 1Ne Can return the Cara to you. ^ AM~eh this c~nd to the knack of the mailpiece, pan the front if space permits. i. ArreM Addressed to: ~co ~ ~ . R~~ b ~ ~ a _./ X ~~ D~t^ D. le deNveiy address dlfhrerrt trorn Rem 19 L!I llrl H YES, enter dsNvery address below: ^ No 30o t~ e ~ ~.~ :~~'~`e f , n e o 3. Ssrvlos ~ S~, r e:m~ns ~u ur r ~P ~ GFC rrar ° ° n~em ° ~„ i,a ° ln«a.d MeR ° co.D. 1 ~ D ~ ~ 4 hl Y t E b R o d D F . es C s e w l x se) ry a z ~wa.r~ar~.r t1~lAr~rwarwbelr0a~ 7002 Da60 00D4 21W2 D457 P'~ i~rwr 1. lribR+ary 9004 t~araasllc lle aerr rl.o.rnc ,ow.~ea~+r,,~r ' ~ ( ~ ~ - ~~ ~ r ~ --~ c..h __ 3 ...,J " L._ ~'~ _ ... ~ BETH E. RADABAUGH, k/n/a MARYBETH ENDERS BROWN, Plaintiff VS. SCOTT D. RADABAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1968 CIVIL 1989 CIVIL ACTION -LAW DIVORCE ANSWER WITH NEW MATTER TO PETITION TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT TO: Beth E. Radabaugh, n/k/a Marybeth Enders Brown c/o John J. Connelly, Jr., Esquire James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. ANSWER TO PETITION 1. ADMITTED. 2. ADMITTED. 3. ADMITTED. 4. ADMITTED. 5. DENIED AS STATED. Paragraph 27 of the Agreement speaks for itself. By way of further answer, Defendant incorporates by reference his New Matter as though fully set forth. 6. ADMITTED. It is admitted that the Plaintiff sent a letter dated April 11, 2006. It is expressly DENIED that Plaintiff's letter correctly states the parties' potential obligations under the contract executed August 9, 1990 or that this Honorable Court retains jurisdiction over this matter. Defendant incorporates by reference his New Matter as though fully set forth. 7. ADMITTED. It is admitted that the Plaintiff sent a letter dated June 21, 2006. It is expressly DENIED that Plaintiff's letter correctly states the parties' potential obligations under the contract executed August 9, 1990. Defendant incorporates by reference his New Matter as though fully set forth. 8. DENIED AS STATED. At the present time and after reasonable inquiry Defendant is without knowledge to admit or deny: (a) what the parties' child has incurred by way of student loans; (b) whether these loans were reasonable; (c) whether these loans were necessary because the child failed to complete four years of study in four years; (d) whether Plaintiff contributed anything towards these sums; or (e) whether this payoff is accurate and strict proof is therefore demanded at time of trial. 9. DENIED AS STATED. At the present time and after reasonable inquiry Defendant is without knowledge to admit or deny: (a) what the parties' child has incurred by way of student loans; (b) whether these loans were reasonable; (c) whether these loans were necessary because the child failed to complete four years of study in four years; (d) whether Plaintiff contributed anything towards these sums; or (e) whether this payoff is accurate and strict proof is therefore demanded at time of trial. By way of further answer, strict proof is 2 demanded at time of trial as to whether these documents are accurate or relevant since this Honorable Court does not have jurisdiction over the pending dispute for the reasons set forth in the New Matter. 10. DENIED AS STATED. At the present time and after reasonable inquiry Defendant is without knowledge to admit or deny: (a) what the parties' child has incurred by way of student loans; (b) whether these loans were reasonable; (c) whether these loans were necessary because the child failed to complete four years of study in four years; (d) whether Plaintiff contributed anything towards these sums; or (e) whether this payoff is accurate and strict proof is therefore demanded at time of trial. By way of further answer, strict proof is demanded at time of trial as to whether these documents are accurate or relevant since this Honorable Court does not have jurisdiction over the pending dispute for the reasons set forth in the New Matter. 11. DENIED AS STATED. At the present time and after reasonable inquiry Defendant is without knowledge to admit or deny: (a) what the parties' child has incurred by way of student loans; (b) whether these loans were reasonable; (c) whether these loans were necessary because the child failed to complete four years of study in four years; (d) whether Plaintiff contributed anything towards these sums; or (e) whether this payoff is accurate and strict proof is therefore demanded at time of trial. By way of further answer, strict proof is demanded at time of trial as to whether these documents are accurate or relevant since this Honorable Court does not have jurisdiction over the pending dispute for the reasons set forth in the New Matter. 12. DENIED. For the reasons set forth in New Matter this Honorable Court does not have jurisdiction to entertain Plaintiff's demands. 13. DENIED. Plaintiff s characterizations are speculative and are expressly denied. It is specifically denied that Defendant has sufficient income to pay the sums demanded by Plaintiff. For the reasons set forth in New Matter this Honorable Court does not have jurisdiction to entertain Plaintiff's demands and it is irrelevant whether there is a single monthly payment or not. 14. DENIED AS STATED. Paragraph 37 of the Agreement speaks for itself. By way of further answer, Defendant incorporates by reference his New Matter as though fully set forth. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss with prejudice the Petition to Enforce Marriage Settlement Agreement for the reasons set forth in his New Matter. NEW MATTER 15. Defendant has contributed towards the child's post-secondary education including but not limited to taking out loans, the purchase of computer, the provision of health insurance from June 2001 (high school graduation) through December 2003, the provision of a Verizon wireless cell phone and a vehicle purchased on February 14, 2001 for $11,121.89. 16. On August 9, 1990 the parties entered into a Marriage Settlement Agreement which was drafted by Plaintiff's counsel, Diane G. Radcliff, Esquire. 4 17. The parties entered into this Marriage Settlement Agreement before the Divorce Code was amended to include Sections 3104, 3105 and 3502 (e) effective March 19, 1991. These amendments do not apply in this case. 18. Paragraph 4 of the parties' Marriage Settlement Agreement states: The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. [Emphasis Added]. 19. Paragraph 5 of the parties' Marriage Settlement Agreement states: It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather, it continues to have independent contractual significance and each party maintains their contractual remedies. [Emphasis Added]. 20. Paragraph 37 of the parties' Marriage Settlement Agreement states: If for any reason either the Husband or the Wife fails to perform his or her obligations hereunder to the other spouse, and the other spouse incurs any expense thereby (including but not limited to legal fees and costs) in enforcing his or her rights, the non-breaching party shall have the right, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have and the spouse who failed to perform the obligations agrees to indemnify the other spouse and hold him or her harmless from any and all such expense. [Emphasis Added]. 21. Our Superior Court has repeatedly held that "separation or property settlement agreements for support remain as contracts to be enforced at law or in equity unless they are merged into a divorce decree or Court Order. Upon merger, they are superseded as contracts and take on all of the attributes of support Orders for purposes of modification or enforcement. " Nessa v. Nessa, 399 Pa. Super. 59, 581 A.2d 674 at 676 (1990). 5 22. A "marital settlement agreement that is incorporated but not merged into the divorce decree is considered a contract subject to the law of contracts." Purdy v. Purdy, 715 A.2d 473 at 475 (1998). 23. Under the holding of the Superior Court in Gaster v. Gaster, 703 A.2d 513 (1997), it is inappropriate for the Plaintiff Beth Brown to file a Petition to Enforce Marriage Settlement Agreement seeking tuition reimbursement under the divorce action since she "may pursue an action on the contract, at law or in equity, and seek damages for breach of the agreement, or specific enforcement; Father, too, may pursue an action on the contract. Additionally, both parties are entitled to contractual defenses. " See 703 A.2d at 518. 24. The Superior Court in Gaster v. Gaster vacated a decision by the Court of Common Pleas for Dauphin County which had ordered a father to pay college tuition pursuant to the terms of a property settlement agreement entered in July 1992 that was incorporated, but not merged, into the divorce decree. Id. at 514. 25. The Superior Court in Gaster v. Gaster stated: In essence, if support is provided in an agreement between the parties, and the agreement is incorporated but not merged into the divorce decree, it survives the decree and is enforceable at law (in assumpsit) or equity (specific performance); the dispute is governed by the law of contracts. [Citations omitted]. If an agreement is merged into the divorce decree, it "takes on all of the attributes of support orders for purposes of modification and enforcement. [Citations omitted]. Keeping these entities separate protects the parties and insures the orderly administration of justice. Id. at 515. 6 26. At the time Ms. Brown and Mr. Radabaugh entered into the Marriage Settlement Agreement on August 9, 1990, 23 P.S. §401.1 of the Divorce Code was in effect and it stated: A party to an agreement regarding matters within the jurisdiction of the court under this act, whether or not the agreement has been merged or incorporated into the decree, may utilize a remedy or sanction set forth in this act to enforce the agreement to the same extent as though the agreement has been an order of the court except as provided to the contrary in the agreement." [Emphasis added] . 27. The Brown Agreement specifically provides in its "Breach" paragraph that a party seeking enforcement is limited to "sue in law or in equity to enforce any rights and remedies which the party may have". See ¶37 of 8/9/90 Agreement. 28. Paragraph 5 of the 8/9/90 Agreement specifically states that Ms. Brown desired the Agreement to "have independent contractual significance and each party maintains their contractual remedies." 29. The parties' 1990 agreement specifically selected an enforcement procedure using a separate civil action in law or equity. Therefore, the other remedies set forth in §401.1 of the Divorce Code are not available to Ms. Brown at this time because the Agreement provides for a contrary enforcement mechanism. 30. The parties' agreement in the Brown/Radabaugh case "clearly evinces an intent to incorporate and not merge the agreement into the divorce decree" just as in the Gaster case. 703 A.2d at 517. 7 31. The property settlement agreement in Gaster also states that the parties "intended that this Agreement be a contract separate and independent of the divorce decree but enforceable under assumpsit and equity principles as well as under the Divorce Code of 1980..." Id. at 517. Ms. Brown's attorney drafted a Marriage Settlement Agreement which not only tracks the Gaster model but goes further to specifically states that she wanted the Agreement to "have independent contractual significance and [fort each party [to maintain) their contractual remedies." See ¶5 of 8/9/1990 Agreement. 32. It is black letter law that any writing "must be construed against the party drafting the document." Hutchison v. Sunbeam Coal Corporation, 513 Pa. 192, 519 A.2d 385 at 390 (1986), Restatement (Second) of Contracts §206 (1981). 33. Ms. Brown is precluded from seeking enforcement of the Marriage Settlement Agreement through an action under the divorce docket but may like the party in Gaster "pursue an action on the contract, at law or in equity, and seek damages for breach of the agreement or specific enforcement ... [nJotwithstanding the changes in the law, the courts and the parties remain bound by the procedures attendant to the enforcement method chose and pursued. " 703 A.2d at 518. 34. Because Ms. Brown drafted the Agreement and selected a specific enforcement mechanism (in law or equity), she opted out of the protection otherwise afforded by 23 P.S. §401.1 of the Divorce Code. 8 35. Because the Brown Agreement speaks of incorporation but rejects merger, the Agreement does not take on the status of a court order and "the extraordinary powers flowing from a court order [areJ not available. " See Zittle v. Zittle, 3 Pa. D. & C. 4th 408 at 410 (York County, 1989). In Zittle a wife sought to compel her husband to pay for college support arising out of an agreement that was incorporated but not merged with a divorce decree. The York County Court of Common Pleas rejected wife's Petition for Contempt and a later Petition to Enforce the Marital Agreement and determined that it was "not enforceable as a court order". Id. at 411. 36. This Honorable Court lacks jurisdiction to "direct the Respondent to pay his proportional share of the college educations costs" or "award counsel fees". 37. Ms. Brown's only recourse -because she drafted the Agreement and selected the enforcement method found in ¶37 and insisted that the parties maintain "their contractual remedies" in ¶5 - is to file a separate action at law (in assumpsit) or in equity (specific performance). 38. Mr. Radabaugh is entitled to an award of counsel fees incurred in drafting this Answer since the Brown Agreement: (1) rej ected merger with the divorce decree; (2) continued to have "independent contractual significance"; (3) maintained each party's "contractual remedies"; (4) identified those remedies as a "[law]suit in law or in equity"; (5) opted out of the remedies otherwise available under 23 P.S. §401.1 because of its selection of "contractual remedies"; and (6) must be construed against the drafter. 9 WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss with prejudice the Petition to Enforce Marriage Settlement Agreement for the reasons set forth in his New Matter. Respectfully submitted, BY: St en Howell, E'~quire owell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Voice Supreme Court ID 62063 Attorney for the Defendant Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: John J. Connelly, Jr., Esquire James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 B Date: September 20, 2006 10 VERIFICATION I/we verify that the statements made in the foregoing document are true and correct. I/we understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A e~tion 4904 relating to unsworn falsification to authorities. BY: colt D. R abaugh Date: ~/~(~ Q(~ 11 ~'' ~ a ~y 0.w VJ ~~~b- { i f ~ ~ " rR.-. ~ ~ + I ~~ . IG....~ ~ ~\ J ~~^'~~77 ~_ .... r ~ C:i -~ 4 ._.~ . T. y ~ f1~~ l .. i ..r"i. ' r ~ j , i :~{ C ~.) J ~ ,- C C.J3 ~, . 'ra.1 ~ John J. Connelly, Jr., Esquire Attorney LD. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff BETH E. RADABAUGH, n/k/a MARYBETH ENDERS BROWN Plaintiff v. SCOTT D. RADABAUGH, Defendant ORIGINAL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1968 CIVIL 1989 CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiff, Marybeth E. Brown, by and through her counsel, John J. Connelly, Jr., Esquire of James, Smith, Dietterick & Connelly, LLP and files this Answer to Defendant's New Matter as follows: 15. DENIED AS STATED. At the present time and after reasonable inquiry Plaintiff is without knowledge to admit or deny that Defendant has contributed towards the child's post-secondary education by (a) taking out loans with the exception of the two loans referred to in paragraph 11 of the Petition to Enforce Marriage Settlement Agreement, (b) purchasing a computer (c) providing health insurance from June 2001 through December 2003, (d) providing a wireless cell phone, and (e) a vehicle. 16. ADMITTED. 17. DENIED AS A CONCLUSION OF LAW TO WHICH NO RESPONSE IS REQUIRED. By way of further answer, the parties' Marriage Settlement agreement was entered into after the February 12, 1988 Amendments to the Divorce Code, see 23 P.S. § 401.1, which was amended by the March 19, 1991 Divorce Code at 23 Pa.C.S.A. § 3105(a), and is substantively identical. 18. ADMITTED. 19. ADMITTED. 20. ADMITTED. 21. DENIED AS A CONCLUSION OF LAW TO WHICH NO RESPONSE IS REQUIRED. Byway of further answer, a party to an agreement (whether or not such agreement has been merged or incorporated into the divorce decree) may utilize remedies under the Divorce Code to enforce such agreement. See 23 Pa.C.S.A. § 3105(a). See also Fina u Fina, 737 A.2d 760, 763 n.l (Pa. Super. 1999) (in enacting section 3105 of the Divorce Code, "our Legislature has granted courts broad authority to adjudicate matters arising under private settlement agreements.") (emphasis added); Peck v Peck, 707 A.2d 1163, 1164 (Pa. Super. 1998) (prior to 1988 Divorce Code Amendments, a property settlement agreement that was incorporated but not merged into a decree was unenforceable under the Code and such agreements were governed by contract law; now, however, enforcement of a property settlement agreement is permitted under the Code, providing parties with an additional procedure for the enforcement of their respective rights under the contract). 22. DENIED AS A CONCLUSION OF LAW TO WHICH NO RESPONSE IS REQUIRED. Byway of further answer, a party to an agreement (whether or not such agreement has been merged or incorporated into the divorce decree) may utilize remedies under the Divorce Code to enforce such agreement. See 23 P.S. § 401.1, as amended in 23 Pa.C.S.A. § 3105(a). See also Fina a Fina, 737 A.2d 760, 763 n.l (Pa. Super. 1999) (in enacting section 3105 of the Divorce Code, "our Legislature has granted courts broad authority to adjudicate 2 matters arising under private settlement agreements.") (emphasis added); Peck v Peck, 707 A.2d 1163, 1164 (Pa. Super. 1998) (prior to 1988 Divorce Code Amendments, a property settlement agreement that was incorporated but not merged into a decree was unenforceable under the Code and such agreements were governed by contract law; now, however, enforcement of a property settlement agreement is permitted under the Code, providing parties with an additional procedure for the enforcement of their respective rights under the contract). 23. DENIED AS A CONCLUSION OF LAW TO WHICH NO RESPONSE IS REQUIRED. By way of further answer, see Fina, supra at 763 n. 1 (court specifically discarded father's argument that wife's appeal should be quashed under Gaster; court rejected claim that enforcement of the property settlement agreement may not be pursued under Divorce Code and was limited to a separate action at law/equity, pronouncing that under section 3105, "our Legislature has granted courts broad authority to adjudicate matters arising under private settlement agreements."). 24. DENIED AS A CONCLUSION OF LAW TO WHICH NO RESPONSE IS REQUIRED. 25. DENIED AS A CONCLUSION OF LAW TO WHICH NO RESONSE IS REQUIRED. 26. ADMITTED. 27. DENIED. It is expressly denied that Paragraph 37 of the Marriage Settlement Agreement in any way "limits" a party seeking enforcement of such Agreement to sue in law or in equity. Such language does not impose restrictions to enforcement; but rather, iterates that the parties may elect to sue in law or in equity. Such language can in no way be expressly 3 construed to exclude enforcement or protection under the Divorce Code. See 23 P.S. § 401.1, as amended in 23 Pa.C.S.A. § 3105(a). 28. DENIED. It is expressly denied that Plaintiff "desired" the Agreement to have independent contractual significance, thereby excluding all other remedies under the Divorce Code. Paragraph 5 of the Agreement does not impose restrictions to enforcement; but rather, iterates that the parties may elect to sue in law or in equity. Such language can in no way be expressly construed to exclude enforcement or protection under the Divorce Code. See 23 P.S. § 401.1, as amended in 23 Pa.C.S.A. § 3105(a). 29. DENIED. It is expressly denied that Divorce Code remedies are unavailable to Plaintiff and that the Agreement provides for a contrary enforcement mechanism. No language in the Agreement can be construed as rejecting/excluding any remedies available under the Divorce Code. See 23 P.S. § 401.1, as amended in 23 Pa.C.S.A. § 3105(a). 30. DENIED AS A CONCLUSION OF LAW TO WHICH NO RESPONSE IS REQUIRED. 31. DENIED AS A CONCLUSION OF LAW TO WHICH NO RESPONSE IS REQUIRED. By way of further answer, Paragraph 5 of the Agreement does not impose restrictions to enforcement, but rather, iterates that the parties may elect to sue in law or in equity. Such language can in no way be expressly construed to exclude enforcement or protection under the Divorce Code. 23 P.S. § 401.1, as amended in 23 Pa.C.S.A. § 3105(a). 32. DENIED AS A CONCLUSION OF LAW TO WHICH NO RESPONSE IS REQUIRED. 33. DENIED AS A CONCLUSION OF LAW TO WHICH NO RESPONSE IS REQUIRED. By way of further answer, see Fina, supra at 763 n. 1 (court specifically 4 discarded father's argument that wife's appeal should be quashed under Gaster; court rejected claim that enforcement of the property settlement agreement may not be pursued under Divorce Code and was limited to a separate action at law/equity, pronouncing that under section 3105, "our Legislature has granted courts broad authority to adjudicate matters arising under private settlement agreements."). It is further expressly denied that Divorce Code remedies are unavailable to Plaintiff and that the Agreement provides for a contrary enforcement mechanism. No language in the Agreement can be construed as rejecting/excluding any remedies available under the Divorce Code. See 23 P.S. § 401.1, as amended in 23 Pa.C.S.A. § 3105(a). 34. DENIED. It is expressly denied that Divorce Code remedies are unavailable to Plaintiff and that the Agreement provides for a contrary enforcement mechanism. No language in the Agreement can be construed as rejecting/excluding any remedies available under the Divorce Code. See 23 P.S. § 401.1, as amended in 23 Pa.C.S.A. § 3105(a). 35. DENIED AS A CONCLUSION OF LAW TO WHICH NO RESPONSE IS REQUIRED. 36. DENIED. 37. DENIED. It is expressly denied that Plaintiffs "only" recourse is to file a separate action in assumpsit or for specific performance. No language in the Agreement can be construed as rejecting/excluding any remedies available under the Divorce Code. See 23 P.S. § 401.1, as amended in 23 Pa.C.S.A. § 3105(a). See also, Fina, supra. 38. DENIED. Defendant is not entitled to an award of counsel fees. By was of further answer, see Fina, supra, at 763 n.l (courts specifically discarded father's argument that wife's appeal should be quashed under Gaster; court rejected claim that enforcement of the property settlement agreement may not be pursued under Divorce Code and was limited to a 5 separate action at law/equity, pronouncing that under section 3105, "our Legislature has granted courts broad authority to adjudicate matters arising under private settlement agreements."). Furthermore, no language in the Agreement can be construed as rejecting/excluding any remedies available under the Divorce Code. See 23 P.S. 401.1, as amended in 23 Pa.C.S.A. § 3105(a). WHEREFORE, the Plaintiff respectfully requests this Honorable Court deny the Defendant's request to dismiss the Petition to Enforce Marriage Settlement Agreement for the reasons set forth in the Answer attached hereto. n Dated: ~ ~ " - ®~o By: Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP J hn onne y, Jr. tto ey 15615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff 6 VERIFICATION I, Marybeth Enders Brown, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~ ,/ Date: /D 9 Ob ~ ~P~ ~c~tS 11.~ M b Enders Brown BETH E. RADABAUGH, n/k/a MARYBETH ENDERS BROWN Plaintiff v. SCOTT D. RADABAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1968 CIVIL 1989 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Petitioner, Marybeth E. Brown, hereby certify that I have served a copy of the foregoing Plaintiff s Answer to Defendant's New Matter on the following on the date and in the manner indicated below: VIA UPS OVERNIGHT MAIL Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17011 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: I U ' ~ - (~ (p By: Jo . Co lly, Jr. A o 15615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff Beth E. Radabaugh, n/k/a IN THE COURT OF COMMON PLEAS OF MaryBeth Enders Brown, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner v. :1968 CIVIL 1989 Scott D. Radabaugh Defendant/Respondent IN DIVORCE ORDER OF COURT AND NOW, this 20th day of October, 2006, upon examination of the Defendant's Answer with New Matter and the Plaintiff's Answer to the Defendant's New Matter, IT IS HEREBY ORDERED AND DIRECTED that the Defendant's request to Dismiss the Petition to Enforce Marriage Settlement Agreement is DENIED. IT IS FURTHER ORDERED AND DIRECTED that at the hearing scheduled for 1:30 p.m. on October 27, 2006 the parties will proceed with their case on the merits. By the Court, ./John J. Connelly, Jr. Attorney for Plaintiff /~teven Howell, Esquire Attorney for Defendant c bas , ~ .~+ ~~ ~0/ M. L. Ebert, Jr., J. ,-,~ r", tty ~ iC~» /~ ~~~~~'. it~~~~i~ ~~1 Beth E. Radabaugh, n/k/a IN THE COURT OF COMMON PLEAS OF MaryBeth Enders Brown, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner v. :1968 CIVIL 1989 Scott D. Radabaugh Defendant/Respondent IN DIVORCE ORDER OF COURT AND NOW, this 27'h day of October, 2006, at the request of counsel in this case, the hearing in the above captioned matter that was set for this date at 1:30 p.m, is continued until December 18, 2006 at 2:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ~~ M. L. Ebert, Jr., .d"ohn J. Connelly, Jr. Attorney for Plaintiff /5teven Howell, Esquire Attorney for Defendant J bas ~~ ~~ ~~ ~~t~ ~~ l~Q ~~~~ 1 s BETH E. RADABAUGH, n/k/a MARYBETH ENDERS BROWN Plaintiff v. SCOTT D. RADABAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1968 CIVIL 1989 CIVIL ACTION -LAW 1N DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. AND NOW, this 26~` day of October, 2006, personally appeared before me, a Notary Public in and for the State and County aforementioned, John J. Connelly, Jr., Esquire, who, being duly sworn according to law, deposes and says that a copy of a Notice to Attend and Produce was served on Scott D. Radabaugh, Defendant c/o Steven Howell, Esquire, on October 19, 2006, by certified mail number 7004 1160 0002 1106 0759, as evidenced by the return receipt card attached hereto and made a part hereof. Sworn to and subscribed +~ va.- before me this p1 ~4 ' day of coo be K- 2006. Notary ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Maria B. LaRue, Notary Public Derry Twp., Dauphin County My Commission Expires Nov. 8, 2009 Member, Pennsylvania Association of Notaries ^ Complete items i, 2, and 3. Also complete N~rrt 4 if ResMcted Delivery is desired. ^ PrNtt your name and address on the reverse do that we can return the card to you. ^ /Mach this card to the back of the mailpiece, or on the frorrt if space permits. 1. Artlcle Addressed to: V~C!/C/Z ~ilVCl~ l.~/rC /~U// a sigrtetu~~L~~~~~i'1r U X ~ ^ ~.~ n a~ B. Received by (Printed Name) C. Date of DefMrwy ~>~? tt~~-z-~ io -i 9- a G~ D. Is delivery address different from item 1? ^ Yes ff YES, enter delivery address below: ^ No 3. Servke Type Id Certified Mall ^ Express Mali ^ Repietered ^ Retum Receipt for Merdr^+dw ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ 2. ArtldeNumber 704 1160 QOQ2 116 []759 rn.r+.~r t~ ego. rasy F~BFe~n X11, F~bnrary tow Dar~Ma RsM+tr tworrgt ,aera~ae.+r.ta~s :~. ~ ~~? ~^ •-s -,- r-r, ~-s r , , _~ ``-! .~' ~z~~ r 1-- ~ C~.: 7 r (j,f '- - t~.. t_~ - _ ' ~; ~ ~ C_J ~,~ '~, "~' ~ ,. . . -~ ~~ 4 Beth E. Radabaugh, n/k/a IN THE COURT OF COMMON PLEAS OF MaryBeth Enders Brown, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner v. :1968 CIVIL 19$9 Scott D. Radabaugh Defendant/Respondent IN DIVORCE ORDER OF COURT AND NOW, this 18th day of December, 2006, at the request of counsel for the Plaintiff in this case, and with the concurrence of counsel for Defendant, the hearing in the above captioned matter that was set for this date at 2:30 p.m. is continued until March 5, 2007, at 9:30 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., J. John J. Connelly, Jr. Attorney for Plaintiff Steven Howell, Esquire ~ ~~~ ~~ ~ . Attorney for Defendant `~ bas ~ I . t``, ~ ~:,:~1 ~ ~~ ~~~ ~ ! ~~Q 9~(~l Beth E. Radabaugh, n/k/a MaryBeth Enders Brown, Plaintiff/Petitioner v. Scott D. Radabaugh Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1968 CIVIL 1989 IN DIVORCE ORDER OF COURT AND NOW, this 5th day of March, 2007, the parties and their counsel appeared for a hearing and having negotiated a resolution agree as follows: The Defendant will pay to the Plaintiff the sum of $45,000.00 within 45 days of today's date. In the event Defendant fails to pay, a contempt hearing shall be scheduled for Wednesday, April 25, 2007 at 8:30 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Plaintiff's counsel shall secure a full release executed by Alicia Radabaugh which completely releases any legal or equitable claims she may have or might have against the Defendant as a third party beneficiary of the parties' marital settlement agreement. This release shall be prepared by Plaintiff's counsel and provided to Defendant's counsel within 30 days of March 5, 2007. Once the Defendant pays the $45,000.00 any and all obligations under the parties' marital settlement agreement are forever discharged. However, in the event of a contempt hearing, the issue of wife's counsel fees will be addressed. John J. Connelly, Jr., Esquire Attorney for Plaintiff Steven Howell, Esquire Attorney for Defendant bas `~d,,,al. (~~i;u~- ~ ~ ANS 35/07 By the Court, :~~ d ~~~ ~~ ~~ ~~~ ~~3~~ BETH. E. RADABAUGH, k/n/a MARYBETH ENDERS BROWN, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1968 CIVIL 1989 SCOTT D. RADABAUGH, CIVIL ACTION -LAW Defendant DIVORCE PETITION TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT AND RECOVER LEGAL FEES SINCE MARCH 5, 2007 TO: Beth E. Radabaugh, n/k/a Marybeth Enders Brown c/o John J. Connelly, Jr., Esquire James,, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 1. On March 5, 2007 this Honorable Court issued an Order of Court which required ~, the Defendant to pay $45,000.00 in a lump sum towards his obligations under a Marriage Settlement Agreement. See Exhibit "A". 2. ~ On April 18, 2007 the $45,000.00 check was delivered to Plaintiff s counsel via U.S. Priority Mail with Delivery Confirmation as shown on Exhibit "B" (check and USPS website printout). 3. -Prior to delivery of the $45,000.00 check, this Honorable Court and the parties' counsel participated in a conference call on April 11, 2007 to address a letter from PHEAA dated March 23, 2007, which is attached hereto as Exhibit "C". 4. The PHEAA letter specifically threatened legal action against Mr. Radabaugh and it was for this reason that a letter was sent to Plaintiff's counsel on March 30, 2007 seeking an offset against the $45,000.00 so PHEAA would be paid in full the $2,000.00 it was owed for the parties' child's college education. See Exhibit «D,~ 5. Counsel for the Plaintiff refused to permit an offset as shown in Exhibit "E". 6. During the conference call John J. Connelly, Jr., Esquire represented to the Court and opposing counsel that any letter from PHEAA "was directed to Alicia M. Radabaugh and not to your client." See Exhibit "F" (4/11/07 letter from Attorney Connelly to Attorney Howell). 7. Despite this observation by Ms. Radabaugh's counsel, PHEAA continues to assert a money claim against Mr. Radabaugh because Beth E. Radabaugh has not paid in full the PHEAA claim as of June 19, 2007 despite receiving $45,000.00 on or about April 18, 2007. 8. The letter of April 11, 2007 (Exhibit "F") from Attorney Connelly represents: "Consistent with out telephone conference with Judge Ebert today, my client will be making payment on the PHEAA Account #7526965741 upon receipt of your $45,000.00 payment pursuant to the Court's Order. Your client will have no liability and will be held harmless on that debt. As I indicated to you in the conversation with the Court, the Notice of legal action was directed to Alicia M. Radabaugh and not to your client." 9. Because Ms. Brown failed to pay PHEAA, Mr. Radabaugh received a letter dated May 15, 2007 from PHEAA's legal counsel which threatened legal action if the $2,000.00 is not paid. See Exhibit "G". 10. On May 18, 2007 Ms. Brown's counsel was faxed a copy of this PHEAA letter along with a letter of demand requiring the $2,000.00 to be paid in full by May 25, 2007 or a Motion for Contempt would be filed. See Exhibit "H". 11. On June 5, 2007 PHEAA wrote a second letter stating that as of that date only $1,000.00 had been paid towards PHEAA Account No. 7526965741. See Exhibit "I". This letter clearly threatens legal action against Mr. Radabaugh as well as the parties' child within ten (10) days. 12. On June 11, 2007 the second PHEAA letter dated June 5th along with another letter from Attorney Howell was faxed to Ms. Brown's attorney. See Exhibit "J". 13. As of June 19, 2007 the PHEAA Account No. 7526965741 has not been paid in full with a remaining balance of Three Hundred and 00/100 ($300.00) Dollars. 14. The parties Marriage Settlement Agreement specifically provided at ¶37 that in the event of a breach the innocent party could recover "any expenses ... including but not limited to legal fees and costs in enforcing his ... rights." See Exhibit «K» 15. This situation was entirely predictable and it was for this reason that Mr. Radabaugh sought to exercise an offset of $2,000.00 prior to delivering $45,000.00. 16. Legal fees are awardable for conduct which is vexatious and arbitrary under Ms. Brown's conduct is obdurate, vexatious and dilatory. "Dilatory" is defined as "tending or having the intent to delay" while "vexatious" is "lacking justification and intended to harass" and "obdurate" as "resistant to persuasion or softening influences, inflexible, unyielding." Boyer v. Hicks, 19 D. & C. 3d 300 at 305 (1981). A court may require a party to pay another party's counsel fees if that party's conduct was "dilatory, obdurate, or vexatious". Brenkle v. Arblaster, 320 Pa. Super. 87, 466 A.2d 1075 at 1078 (1983). 17. In addition, 42 Pa. C.S.A. §2503 (9) has been interpreted to permit the recovery of counsel fees due to a "parry's conduct in raising defenses" during litigation. White v RedevelopmentAuthority, 69 Pa. Commw. 307, 451 A.2d 17 at 20 (1982). 18. In this case, as of June 20th Ms. Brown owes no less than three (3) hours at Defendant's counsel's hourly rate of $300.00 per hour which has been incurred since March 30, 2007 in addressing the $2,000.00 PHEAA claim, drafting letters to opposing counsel, telephone conferences with PHEAA's counsel, the April 11th conference call and researching and drafting this Petition. WHEREFORE, Defendant respectfully requests this Honorable Court to Order the Plaintiff to pay in full the PHEAA claim and reimburse Defendant's counsel the sum of $900.00 within thirty (30) days. Respectfully submitted, BY: _ S 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Voice Supreme Court ID 62063 Attorney for the Defendant Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: John J. Connelly, Jr., Esquire James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 1'7033 B' Date: June 20, 2007 VERIFICATION I/we verify that the statements made in the foregoing document are true and correct. Ilwe understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. BY: Esquire Date:/June 20, 2007 Beth E. Radabaugh, n/k/a IN THE COURT OF COMMON PLEAS OF MaryBeth Enders Brown, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner v. :1968 CIVIL 1989 Scott D. Radabaugh Defendant/Respondent !N DIVORCE ORDER OF COURT AND NOW, this 5~' day of March, 2007, the parties and their counsel appeared for a hearing and having negotiated a resolution agree as follows: The Defendant will pay to the Plaintiff the sum of $45,000.00 within 45 days of today's date. In the event Defendant fails to pay, a contempt hearing shall be scheduled for Wednesday, April 25, 2007 at 8:30 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Plaintiff s counsel shalt secure a full release executed by Alicia Radabaugh which completely releases any legal or equitable claims she may have or might have against the Defendant as a third party beneficiary of the parties' marital settlement agreement. This release shall be prepared by Plainfiff's counsel and provided to Defendant's counsel within 30 days of March 5, 2007. Once the Defendant pays the $45,000.00 any and all obligations under the parties' marital settlement agreement are forever discharged. However, in the event of a contempt hearing, the issue of wife's counsel fees will be addressed. M. L. Ebert, Jr., John J. Connelly, Jr., Esquire Attorney for Plaintiff Steven Howell, Esquire Attorney for Defendant bas EXHIBIT d ~' By the Court, EXHIBIT ~' m ~~' 26 2 304~~'+ ~~:0 L L00 ?09 2~:0 L600 L L ju4 ~rt~ ~~~- USPS -Track & Confirm Page 1 of 1 ~', ~ Home I H@Ip - ----~.:.~ -- _ _ _ _ ._._.._ __ _ ._ _r~. ..____... _ _ _ .__._ . _ -~: , . ~ 1 ~ C nfir ~~"~~ ~+t ~t~~t!"tri ~~Irl~h Riss~lt Label/Receipt Number: 03061070 000019731848 •-~-~-~~~---~~~ ~ =. Detailed Results: Trek ~` ~ 7` ~~ = Delivered, April 18, 2007, 10:40 am, HERSHEY, PA 17033 Enter Label/Receipt Number. • Arrival at Unit, April 18, 2007, 6:46 am, HERSHEY, PA 17033 ~~~ = Acceptance, Apri117, 2007, 6:01 pm, CAMP HILL, PA 17011 ~ Baa~ak ~ rc+ ~+ ~_~ ~ IrB~It,~_Od1.._..~.T ._.~.~...,..~~......,.~_,.~..__._...._.. .....~,.~____~_.~ _._.m_..___~..__.._...~ .............~ _._. w...._..~....~....~_....._~..~ ._ ._..,__ ..~_.. ...._.. Track i~ Confirm by email Get current event information or updates for your item sent to you or others by email. ~ POSTAL INSPECTORS site map contact us government services cobs National & Premier Accounts Preserving the Trust Copyright ©i999-2004 USPS. All Rights Reserved. Terms of Use Pr{vary Policy U.S. Postal Service Delh-ery Caflfi~~'"e~pt b Pbstage and Delivery CoMinnatlon fees must be paid before mailing. ~ Artlds Sent Ta: tto 6s r~mpieted=6~ /maRer} ~'' ~ ~®~1lI ~' . ~~~1rtt 0~ g ~ V S t~ ~. ~.. z., jJ ~Q, ~ o x ~oS ,.. v ~ _ POSTAL CUSTOM Z ° ~ Keep this receipt. For Inquiries: $ o P ~~ y. ~~ ~,. Access intemet ®b site at ~-~ www.usps.com o p i r` ~ or caul-800-222-1811 ~ ~, ~ ~ - ~~ . ~~~ y ~ o f~ ority Mail~Servloe m . ,,- ° r..._. QFlrst-Class Mai~° ~~~ Ps ~,BZ,-~ 2~ ~ , http://trkcnfrml .smi.usps.com/PTSInternetWeb/InterLabelDetail.do 4/19/2007 . ,,. M "~ {717x0-3778 FacsimU~ ~ Lepal tiervlees Dhdsioll ~ , ,rte 1800 Worth Seva~th Sweet, Hsrrisbwg, PA 17102-1444 POWSRgD BY ~~_ ~ March 23, 2007 Yia First Class Maii ANQ Certified Maii Return Receipt Requested Determination of Gran~,Ove,_„ir Award and ldotice of, Leta! Action Alicia M. Radabaugh 1315 Warwick Road Camp Hill, PA 17011-6141 Re: State Higher Education Assistance Grant Account No. 75 2896 5741 2041-02 Academic Years Dear Ms. Radabaugh: You filed a State Higher Education Assistance Grant application for the 2001-02 academic years. PHEAA requested additional information andlor clarification, which was not received. Therefore, based an the information contained in the #ile, it was determined you were over awarded $2,000.00, which needs to be repaid in order to avoid legal action. This will advise that your receipt of a State Higher Education Assistance Grant for the term of 2001- 02 has been referred to me for review and the initiation of legs! action. The 2001-02 State Grant assistance disbursed for your benefiit totaled $2,000.00. it is the Agency's determination you were over awarded a State Higher Education Assistance Grants during this term. The Pennsylvania Higher Education Assistance Agency welcomes the opportunity to discuss the resolution of this matter by way of settlement in lieu of litigation. Accordingly, in the event you wish to resolve this matter without resort to legs! recourse, please contact this office within thirty (30) days of the date of this letter. PHEAA shall otherwise pursue its legal rights and remedies to the full extent under the law. Your immediate attention to this matter is anticipated. Please contact my Paralegal, Brand! Buckles at (717) 720-2669 if you have any questions or comments ~nceming tfiis matter in any respect MAT/bb cc: Scott D. Radabaugh 300 W. Green Stree# Camp Hill, PA 17011-6521 Grant Division File EXHIBIT 0 € ~ m esteven ~aweC~ Attorney at Law 619 Bridge Street • New Cumberland, Pennsylvania 17070 • Telephone 717-770-1277 • Fax 717-770-1278 * * * * VIA TELECOPIER 533-7771 ONLY March 30, 2007 John J. Connelly, Jr., Esquire James Smith Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 RE: Radabaugh rr/k~a Brown v. Radabaugh, No. 1968 Civil 1989 Dear John: Mr. Radabaugh anticipates no problem in providing to my office a $45,000.00 check payable to you and Ms. Brown on or before April 16`x' for delivery on April 17th However, my client received a copy of a letter indicating that PHEAA will sue Alicia M. Radabaugh if she does not repay $2,000.00. My client would prefer to pay $2,000.00 to PHEAA and send $43,000.00 to you and Ms. Brown. Is this agreeable? SH/bth Enclosure cc: Scott Radabaugh a EXHIBIT 0 Z m Very truly yours, JAMES SMITH DI1~TI'ERICK & CONNELLY LLP ]ohn J. Connelly, Jr. jjcCa~isdc.com .,/~ FAX 717.533.7771 P.O. BOX 650 HERSHEY, PA 17033 March 30, 2007 Courier Address: 134 SIPE AVENUE HUMMELSTOWN, PA 17036 VIA FACSIMILE 770-1278 TEL. 717.533.3280 AND U.S. MAIL WWW.JSDC.COM Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17011 Re: Radabaugh n/k/a Brown v. Radabaugh Dear Steve: I am in receipt of your faxed correspondence received this afternoon. My letter of L J G March 30, 2007 is a direct response to your correspondence. You asked me if your ARY . AMES MAX J. SMITH, JR, client's payment directly to PHEAA was agreeable and I advised you it was not. JOHN J. CONNELLY, JR. SCOTT A. DIETTERICK JAMES F. SPADE MATTHEW CHABAL, ~~~ Your client showed little if any interest in his daughter's college education SUSAN M. KADEL expenses prior to this point and if he fails to comply with the exact terms of the Order, JARAD W.HANDELMAN DONNA M. MULLIN the contempt hearing on schedule for Apri125, 2007 will be necessary. NEIL W. YAHN COURTNEY K. POWELL KIMBERLY A. BONNER JEFFREY M. MCCORMICK Nowhere in the Court Order are you authorized to do anything more than pay us KAREN N. CONNELLY the $45,000.00 you owe us. OF COUNSEL: GREGORY K. RICHARDS BERNARD A. RYAN, JR. We are absolutely refusing to allow you to direct any payment to PHEAA unless you do it from your funds. If this is unacceptable, we can arrange a conference call with Judge Ebert on this issue. Very t 1y yours, r, John J. Connelly, Jr. JJC/mbl cc: Mary Beth E. Brown EXHIBIT ~ ~ m JAMES SMITH DI)TTERRICK & CONNELLY LLP John J. Connelly, Jr. j~cna.isdc.com FAX 717.533.7771 April 11, 2007 VIA FACSIMILE 770-1278 AND U.S. MAIL Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17011 Re: Radabaugh n/k/a Brown v. Radabaugh Dear Steve: Consistent with our telephone conference with Judge Ebert today, my client will be making payment on the PHEAA Account #7526965741 upon receipt of your $45,000.00 payment pursuant to the Court's Order. Your client will have no liability and will beheld harmless on that debt. As I indicated to you in the conversation with the Court, the Notice of legal action was directed to Alicia M. Radabaugh and not to your Cllent. In your correspondence to me received shortly after our conference call today you said the following: "As the Judge indicated any failure to pay the PHEAA Account listed above would permit my client to file a motion against Ms. Brown should the PHEAA debt ever be asserted against Mr. Radabaugh". The Judge never said that your client would be permitted to file a Motion. You indicated that you intended to file a Motion if client was sued by PHEAA on this account. The Judge never said that he would "permit" the filing of a Motion nor was it ever discussed in that context. Very tr~uly~ yours, ~~~~ l ..~,+.r Johns 3. Connelly, Jr. f ~~. ~' JJC/mbl cc: Mary Beth E. Brown s EXHIBIT m P.O. BOX 650 HERSHEY, PA 17033 Courier Address: 134 SIPS AVENUE HUMMELSTOWN, PA 17036 TEL. 717.533.3280 VJWW.JSDC.COM GARY L. JAMES MAX J. SMITH, JR. JOHN ~. CONNELLY, JR. SCOTT A., D{ETTERICK JAMES F. SPADE MATTHEW CHABAL, III SUSAN M.KADEL JARAD W. HANDELMAN DONNA M. MULLIN NEIL W. YAHN COURTNEY K. POWELL KIMBERLY A, BONNER JEFFREY M. MCCORMICK KAREN N. CONNELLY OF COUNSEL: GREGORY K. RICHARDS BERNARD A. RYAN, JR. /~ ~-- • PO~VER~D BY , '-- (717) 72Q-884 Telaphoe» (717)720.1778 FacdmB~ LepN~ Wvitlon 1200 No~eh 3evaMh Suet, Harrlaburg, PA 17102-1484 May 15, 2007 Scott D. Radabaugh 300 W. Green Street Camp Hill, PA 17011-6521 Re: Alicia Radabaugh Account No. 75 2696 5741 2001-02 Academic Year ~-Iirlii Per your conversation with my Paralegal, Brandi Buckles, on May 14, 2007, this letter is pertaining to your daughter, Alicia Itadabaugh's, State Grant Over-Award. On several occasions you have spoken to Ms. Buckles regarding the repayment of this State Grant over award in the amount of $2,000.00. It was discussed that money to repay this over-award would come from a lump sum payable to yow ex-wife, Beth Brown from a settlement. Oa April 24, .2407, Ms. Brown left a message for Ms. Buckles. Ms. Buckles attempted to return this call on two separate occasions, but was unable to speak directly to Ms. Brown. Instead Ms. Buckles left two messages on Ms. Brown's answering machine. To this date, Ms. Brown has not returned the telephone calls, nor has she paid the $2,000.00 owed for the State Grant Over-Award for the 2001-02 Academic Year. You signed the State Grant Application along with your daughter, thus making you responsible for the payback of any monies owed to PHEAA. Unfortunately, any agreement made between two outside attorneys, which does not include a representative of Pl-IEAA, as to whom is responsible for this debt does not change who Pl-IEAA holds responsible for the repayment of this debt. You are the one who signed the State Grant Application for the 2001-02 Academic Year. Enclosed for your reference is a copy of the executed application and account information indicating that this over-award has not yet been repaid. I hope to resolve this matter without having to seek concerns, please contact my Paralegal, Brandi Buckles, at ~; A. T 1 recourse. If you have any questions or 720-2669. 7 Enclosures cc: Steven Howell, Esquire (Scott Radabaugh's Attorney)(w/ enclosures) 619 Bridge Street New Cumberland, PA 17074 Grant Division File EXHIBR 0 m • ~'teven ~~oyuel~ Attorney at Law 619 Bridge Street • New Cumberland, Pennsylvania 17070 • Telephone 717-770-1277 ~ Fax 717.770-1278 * * * * VIA TELECOPIER 533-7771 * * * May 18, 2007 John J. Connelly, Jr., Esquire James Smith Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 RE: Radabaugh n/k/a Brown v. Radabaugh, No. 1968 Civil 1989 Dear John: On April 11, 2007 you represented to the Honorable M. L. Ebert of the Cumberland County Court of Common Pleas that Beth E. Radabaugh nik/~ Marybeth Enders Brown, "will be making payment on the PHEAA Account #7526965741 upon receipt of ... [theJ $45,000.00 payment pursuant to the Court's Order." On that same date you wrote a letter to me - as directed by Judge Ebert -that Mr. Radabaugh "will have no liability and will beheld harmless on that debt. As I indicated to you in the conversation .with the Court, the Notice of legal action was directed to Alicia M. Radabaugh attd not to your client." I enclose a copy of your letter for ease of reference. However, today I received a letter from Martin A. Toth, Esquire of PHEAA that legal action will be directed against Mr. Radabaugh as the result of your client's failure to pay the PHEAA Account. I enclose his letter for your review. If this debt is not paid in full by May 25, 2007 I shall file a Motion for Contempt with Judge Ebert. I am sending a copy of this letter to Attorney Toth with a request for him to send me a letter indicating whether or not the $2,000.00 has been repaid by May 25th. I suggest you or your assistant coordinate this payment without further delay. SH/bth cc: Scott Radabaugh Martin Toth, Esquire (Via Telecopier 720-3776) EXHIBIT d Z Very truly yours. I ~~ Alicia Radabaugh 443 W. Worthington Ave Charlotte, NC 28203-4532 Scott D. Radabaugh 300 W. Green Street Camp Hill, PA 17011-6521 Re: Alicia Radabaugh Account No. 75 2696 5741 2001-02 Academic Year Dear Ms. Radabaugh and Mr. Radabaugh: (717) 720-3>154 Telephone (717j720J77s Facsimile ~a'D Lepsl Services Ofvisfon 1200 North Savsnth 3trost, Heu-fsburg, PA 17102-1444 June 5, 2007 As of today, June 5, 2007, only $1,000.00 has been received as payment on this account. The payment was mailed on May 31, 2007 and received by this office on June 4, 2007. An additional amount of $1,000.00 remains due on this account. You signed the State Grant Application along with your daughter, thus making you responsible for the payback of any monies owed to PHEAA. Unfortunately, any agreement made between two outside attorneys, which does not include a representative of PHEAA, as to whom is responsible for this debt does not change who PHEAA holds responsible for the repayment of this debt. You are the one who signed the State Grant Application for the 2001-02 Academic Year. I hope to resolve this matter without having to seek legal recourse, however, if this matter is not resolved within ten (10) days, legal recourse will sought. If you have any questions or concerns, please contact my Paralegal, Brandi Buc s, at (717) 720-2669. MAT/bb cc: Steven Howell, Esquire (Scott Radabaugh's Attorney) 619 Bridge Street New Cumberland, PA 17070 Grant Division File EXHIBIT ~' T m a4 e~teven ~lmve~C Attorney at Law 619 Bridge Street • New Cumberland, Pennsylvania 17070 • Telephone 717-770-1277 • Fax 717-770-1278 **** VIA TELECOPIER 533-7771 **** John J. Connelly, Jr., Esquire James Smith Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 June 8, 2007 RE: Radabaugh nik./a Brown v. Radabaugh, No. 1968 Civil 1989 Dear John: I enclose a letter from PHEAA's legal counsel indicating that $1,000.00 of the original $2,000.00 debt remains unpaid. As you will undoubtedly recall on April 11, 2007 you represented to the Honorable M. L. Ebert of the Cumberland County Court of Common Plus that Beth E. Radabaugh n/k/a Marybeth Enders Brown "will be making payment on the PHEAA Account #7526965741 upon receipt of ... [theJ $45,000.00 payment pursuant to the Court's Order." On that same date you wrote a letter to me - as directed by Judge Ebert -that Mr. Radabaugh "will have no liability and will beheld harmless on that debt As ~ indicated to you in the conversah'on with the Court, the Notice of legal action was directed to Alicia M. Radabaugh and not to your client" If this debt is not paid in full by June 15, 2007 I shall file a Motion for Contempt with Judge Ebert. I am sending a copy of this letter to Attorney Toth with a request for him to send m'e a letter indicating whether or not the .remaining $1,000.00 has been repaid by June 15th. I suggest you or your assistant coordinate this payment without further delay. Very truly yours.,. ,..z_ ,.~~ .~ .. _.- __.._ . ~. f, ,. ~~teven Nowell, Esquire SH/bth ~ ~~ cc: ~' Scott Radabaugh Martin Toth, Esquire (Via Telecopier 720-3776) EXHIBIT g ~' ~ J lions of this Agreement sha1.1 in no way affect the t of such party hereafter to enforce the same, nor all the waiver of any subsequent default of the same 'car similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 37. BREACH. If for any reason either the Husband or the Wife fails to perform his or her obligations hereunder to the other spouse, and the other spouse incurs any ex- pense thereby (in.cluding but not limited to legal fees and costs) in enforcing his or her rights, the non- breaching party shall have the right, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have; and the spouse who failed to perform the obligations agrees to indemnify the other spouse and hold him or her harmless for any and dll such expenses. 38. SEVERABILITY. If .any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this 1E G. RA.DCLIFF ORNEY-AT-LAW t TRINDLE ROAD iP HILL, PA 17011 22 EXHIBIT ~ ~~ C'1 C' ~ cr, y ~ ~ r! ,d.j .. ~' , yr =~ f"'7 • V L„e JUN $ B 2007 df~ BETH E. RADABAUGH, k!n/a MARYBETH ENDERS BROWN, Plaintiff VS. SCOTT D. RADABAUGH, Defendant CIVIL ACTION -LAW DIVORCE ORDER OF COURT tti AND NOW this a.~ day of ~y~~ , 2007 a Rule is hereby issued upon the Plaintiff Beth E. Radabaugh to show cause why the requested relief should not be granted. Rule returnable within I ~ days by postage prepaid, first class United States Mail upon Plaintiff's counsel of record, John J. Connelly, Esquire. Certified Copies To: Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 John J. Connelly, Jr., Esquire James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1968 CIVIL 1989 1V1. L. 1:iVG1 L, J1., . ln~,a-t-l~-q/ G - ~ 7- d 7 5 By the Court, ~`~i~J~~P~ 1,~,S~uP~:~! rl,'N~i t ~ ~ :``~~1~1J l l :g ~~ LZ ilf ~O~l BETH E. RADABAUGH, n/k/a MARYBETH ENDERS BROWN Plaintiff v. SCOTT D. RADABAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1968 CIVIL 1989 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO WITHDRAW/ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of John J. Connelly, Jr., Esquire, and the law firm of James, Smith, Dietterick & Connelly, LLP, as counsel for the Plaintiff, Beth E. Radabaugh, n/k/a Marybeth Enders Brown, in the above-captioned action. ,- Date: ~ 0 By TO THE PROTHONOTARY: J J. Conn~lly, Jr., Esquire am , , ~mith,: Dietterick & ost Office $ox 650 Hershey, PA 17033 (717) 533-3280 PA LD. No. 15615 r LLP Please enter the appearance of Beth E. Radabaugh, n/k/a Marybeth Enders Brown, pro se, in the above-captioned action. Date: 7 ~ ~ ~ By: ~ . M beth Enders Brown 1315 Warwick Road Camp Hill, PA 17011 (717) 731-1828 ~'+? r-.5 -~ ~~ ~ ~ `~ ~ ~._ ~~' ' t _L~ F -, '~ ~; r .~ ~ ~, y-- ~ ~ t _ V ~} ~ ~~(~ '' C';vr I~~ ~~~~ 4a ~~"_ June I0, 2007 •. M. L. Ebert, Jr. ' ~~'`" Cumberland County Courthouse ~ ~ 1 Courthouse Square Carlisle, PA 17013 ~ ~ ~ ~ ~- Dear Judge Ebert, Enough is enough. 'The use of the court by Mr. Radabaugh and Mr. Howell to abuse, bully, and harass me must stop. I have endured name-calling, slander, lies, and gender bias, along with the unbearable torture of watching as my children were alienated from me and the price they paid and continue to pay. That being said, here are the facts: Until recently PHEAA had been in contact with only my daughter and myself. I do not know when Mr. Radabaugh became involved. Upon your decision and by order of court, dated March 5, 2007, a check for $45,000.00 was sent to my attorney, John Connelly, who then took his fee of $5,346.83, leaving a balance of $39,653.17. From that amount, $28,932.01 was paid to Sallie Mae, leaving a balance of $10721.16. From that amount, $8907.13 was paid to Citibank leaving a balance of $1814.03. These were high interest loans, as much as 12.25%, and it only seemed the intelligent thing to do -pay them off first. As of this date, PHEAA has received $1750.00 from me on a $2000.00 debt. I was not aware that PHEAA had involved Mr. Radabaugh, nor was my attorney (see letter dated April 11, 2007).I have been in touch with PHEAA since Alicia's grant money was partially rescinded, letting them know this was a legal matter waiting for resolution. More recently, I have spoken with Brandi Buckles, a PHEAA paralegal. In a recent telephone conversation with Ms. Buckles and Martin Toth, a PHEAA attorney, I explained that Mr. Radabaugh would not be paying them, I would, and that contacting him further would only cause problems. I was told to write a letter stating that I would be responsible for paying the debt, which I did (June 13, 2007), which they rejected (see copies). I then called Ms. Buckles who could offer no explanation of why what they requested was not accepted. Today, July 10, 2007, I spoke with a woman in PHEAA's grant department, who identified herself as Mrs. Stewart. After I explained the situation, she stated that she could not understand why PHEAA would be in contact with Mr. Radabaugh further, to which I replied they had threatened they would, in a letter dated June 15, 2007. Mrs. Stewart said she would be in contact with Ms. Buckles and then be in touch with me. Why, when people owe them thousands of dollars and show no intent to pay, is a $2000.00 grant with and outstanding balance of $250.00 and intent to pay demonstrated and stated, such a problem? Sincerely, ~.~~ JAIvIFS SMITH DiEITnlucx & CONNELLY LLP John J. Connelly, Jr. jjc(a.isdc.com FAX 717.533.7771 April 11, 2007 VIA FACSIMILE 770-1278 AND U.S. MAIL Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17011 Re: Radabaugh n/k/a Brown v. Radabaugh Dear Steve: Consistent with our telephone conference with Judge Ebert today, my client will be making payment on the PHEAA Account #7526965741 upon receipt of your $45,000.00 payment pursuant to the Court's Order. Your client will have no liability and will beheld harmless on that debt. As I indicated to you in the conversation with the Court, the Notice of legal action was directed to Alicia M. Radabaugh and not to your client. In your correspondence to me received shortly after our conference call today you said the following: "As the Judge indicated any failure to pay pile PHEAA Account listed above would permit my client to file a motion against Ms. Brown should the PHEAA debt ever be asserted against Mr. Radabaugh". The Judge never said that your client would be permitted to file a Motion. You indicated that you intended to file a Motion if client was sued by PHEAA on this account. The Judge never said that he would "permit" the filing of a Motion nor was it ever discussed in that context. Very trul}~;yours, J. Connelly, Jr. JJC/mbl cc: Mary Beth E. Brown P.O. BOX 650 HERSHEY, PA 17053 Courier Address: 134 SIPE AVENUE HUMMELSTOWN, PA 17036 TEL. 717.533.380 WWW.JSDC.COM GARY L. JAMES MAX J. SMITH, JR. .JOHN ~. CONNELLY, JR. SCOTT A. DIETTERICK JAMES F. SPADE MATTHEW CHABAL, III SUSAN M. KADEL JARAD W. RANDELMAN DONNA M. MULLIN NEIL W. YAHN COURTNEY K. POWELL KIMBERLY A. BONNER JEFFREY M. MCCORMICK KAREN N. CONNELLY OF COUNSEL: GREGORY K. RICHARDS BERNARD A. RYAN, JR. To whom it may concern: As per your request, I am writing this letter to notify you that I, Beth Brown, assume responsibility for this debt, which must be obvious if only by the fact that I paid $1000.00 by check on May 31, 2007 and you are in receipt of my check for an additional $700.00 today, June 13,2007. I fully intend to pay the remaining $300.00 when it becomes available. I assure you, you will never receive any money from Scott Radabaugh. Please stop sending correspondence to him as it only allows him and his attorney to bully myself and my children further. Also, please cease correspondence with my daughter Alicia Radabaugh as she was simply a victim of her father's machinations which caused her to lose the grant money iri the first place. This is simply a request by a mother trying to protect her children, because the legal system did not. Kindly consider being a part of the solution, not the problem. Please contact me at your earliest possible convenience to let me know if this letter and additional money will stop further communication with Scott Radabaugh and my daughter Alicia. Beth Brown 1315 Warwick Road Camp Hill, PA 17011 717-798-2044 ~-reaa. (71TrT20-3776 Facslrtdle `~` `~ Legal Services Divisbn y _„ `~ 1200 North Seventh Street, Harrisburg, PA 171 0 2-1444 POWERED BY t.,~..~.,, ._ ) f ~ _.~, ~~~ 1 ~1 },... 1 i ~~ ~f'3 June 15, 2007 ((~~ q ~~~~ ~~ ~~ P~~ f-t 1~~. , i Beth Brown / .,., 1315 Warwick Road ~ ` `` r . Camp Hill, PA 17011-6141 `"' ~ _ ,_~ Re: State Higher Education Assistance Grant Account No. 75 2696 5741 2001-02 Academic Years Dear Ms. Brown: ;,. I received your letter on June 14, 2007 along with a check for the amount of $700.00 dollars in partial payment on the above account. I cannot accept this letter as an agreement for you to assume all remaining liability of this debt. However, based upon our telephone conversation and your letter, I will give you 2 weeks, until June 29"' 2007 to pay this account in full. If this account is not paid in full no later than June 29'h, 2007, I will notify Scott Radabaugh and Alicia Radabaugh that the remaining money owed on this account is still outstanding. Please contact my Paralegal, Brandi Buckles, at (717) 720-2669 if you have any questions or concerns. MAT/bb cc: Grant Division File C ~ C~ -rj 4.. •, ~~:.y. 4.~~ " _ -r7 T ~.~ ed,, F _ ~~ "1;,a. ~!~ ..K Beth E. Radabaugh, n/k/a IN THE COURT OF COMMON PLEAS OF MaryBeth Enders Brown, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner v. :1968 CIVIL 1989 Scott D. Radabaugh Defendant/Respondent IN DIVORCE ORDER OF COURT AND NOW, this 27th day of July, 2007, upon consideration of the Petition to Enforce Marriage Settlement Agreement and Recover Legal Fees since March 5, 2007, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff is directed to pay the remaining $250.00 to PHEAA by October 31, 2007. Failure to do so will be a contempt of court. IT IS FURTHER ORDERED AND DIRECTED that the remainder of the Petition to Enforce Marriage Settlement Agreement and Recover Legal Fees is DENIED. By the Court, th E. Radabaugh k/n/a MaryBeth Enders Bro~ Pro Se even Howell, Esquire Attorney for Defendant bas ~~ M. L. Ebert, Jr., J. ~11~i~1r'~`I:k ANN ~~ ~ ~ ~ ~ ~ ~~ ~ ~ ~~~ ~~~Z A~'d10~GF+.iC~d 3H1 ~~ ~~5~~1~