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HomeMy WebLinkAbout02-2199In the Court of Common Pleas of Cumberland County, Pennsylvania JEFFREY L. RHOADES, ) Plaintiff, ) VS. No. 2002 - ??99 VICKI L. RHOADES, ) CIVIL TERM Defendant. ) IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Courthouse Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 In the Court of Common Pleas of Cumberland County, Pennsylvania JEFFREY L. RHOADES, ) Plaintiff, ) VS. No. 2002 - -219 9 VICKI L. RHOADES, ) CIVIL TERM Defendant. ) IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Michael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9509 In the Court of Common Pleas of Cumberland County, Pennsylvania JEFFREY L. RHOADES, ) Plaintiff, ) VS. ) No. 2002 - .2199 VICKI L. RHOADES, ) CIVIL TERM Defendant. ) IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE Plaintiff, by his attorney, Michael S. Travis, respectfully represents: 1. Plaintiff is Jeffrey L. Rhoades, who resides at P.O. Box 72, Fort Howard, Maryland 21052, since April 2001. 2. Defendant is Vicki L. Rhoades, who resides at 828 Meadow Lane, Camp Hill, Cumberland County, Pennsylvania 17011, since 1990. 3. Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 13, 1986, at New Florence, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The parties have been living separate and apart. At a subsequent time, Plaintiff may submit an Affidavit that the parties have lived separate and apart for at least two (2) years. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have he right to request that the court require the parties to participate in counseling. 9. Neither Plaintiff nor Defendant are in the Military Service in the United States Armed Services. Neither Plaintiff nor Defendant are within the provisions of the Soldiers' and Sailors' Relief Act of Congress of 1940 and its amendments. 10. Plaintiff requests the court to enter a decree of divorce. Count I Indignities 11. The averments contained in Paragraphs 1 through 10 of this Complaint are incorporated by reference herein. 12. The Defendant has offered such indignities to the innocent and injured party, the Plaintiff, as to render Plaintiffs condition intolerable and burdensome. 13. Plaintiff requests the court to enter a decree in divorce. Count II Equitable Distribution 14. The averments contained in Paragraphs 1 through 13 of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff and Defendant have acquired property, both real and personal, during the marriage which constitutes marital property subject to equitable distribution under the Divorce Code. 16. Plaintiff and Defendant each owned, prior to the marriage, both real and personal property which has increased in value during the marriage, and/or which has been exchanged for other property which has increased in value during the marriage, all of which is marital property subject to equitable distribution under the Divorce Code. 17. Plaintiff and Defendant have been unable to agree as to equitable division of said property. WHEREFORE, Plaintiff, Jeffrey L. Rhoades, respectfully requests the Court to divide all marital property equitably between the parties. Respectfully s mitted, ?refavis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 717-731-9502 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: Z 7? y hoa e s, *in Q ` e 17 n? = r ? --t l JEFFREY L. RHOADES, Plaintiff VS. VICKI L. RHOADES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND 1 COUNTY, PENNSYLVANIA ? CIVIL ACTION - LAW 1 1 NO. 2002-2199 CIVIL TERM 1 IN DIVORCE REQUEST FOR COUNSELING I hereby request marriage counseling as provided by the divorce statute and request that the Prothonotary or the court designate a marriage counselor to counsel my husband and I regarding our marriage and his pending divorce action. Date: 5 J Z& I o-2, Vicki L. Rhoades 828 Meadow Lane Camp Hill, PA 17011 FDO-Ut- °?? W)4-k, kt'r ci1nd AA- ? b Th fS JOGS /?2 ,c?? ?.? Michael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9509 dU a 1 R Ii er In the Court of Common Pleas of Cumberland County, Pennsylvania JEFFREY L. RHOADES, ) Plaintiff, VS. ) No. 2002 - VICKI L. RHOADES, ) CIVIL TERM Defendant. ) IN DIVORCE M? COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR ( [? 3301(d) OF THE DIVORCE CODE IN DIVORCE, Plaintiff, by his attorney, Michael S. Travis, respectfully represents: 14-4 1. Plaintiff is Jeffrey L. Rhoades, who resides at P.O. Box 72, Fort Howard, ?L,- Maryland 21052, sinc A ri1200 . ,?ZJ5 e U k /5 0,0/y GL JOO S+ O r 2. Defendant is Vicki L. Rhoades, who resides at 828 Meadow Lane,tmp Hill Cumberland County, Pennsylvania 17011 since 1990. - t ft,C 3. Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. P 4. The Plaintiff and Defendant were married on September 13, 1 6, at New c }'1C Florence, Pennsylvania. T'J 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. A 7. The parties have been living separate apart. At a subsequent time, may submit an Affidavit that the parties have lived separate and apart f? a least two (2) years. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Neither Plaintiff nor Defendant are in the Military Service in the United States Armed Services. Neither Plaintiff nor Defendant are within the provisions of the Soldiers' and Sailors' Relief Act of Congress of 1940 and its amendments. 10. Plaintiff requests the court to enter a decree of divorce. Count I Indignities 11. The averments contained in Paragraphs 1 through 10 of this Complaint are incorporated by reference herein. he 1 s nvf 12. The Defendant has offered such indignities to thinnocent and injured p /?thhe( Plaintiff, as to render Plaintiffs condition intolerable and burdensome. , "' 13. Plaintiff requests the court to enter a decree in divorce. ` I Ja/yt, ztt Count II Equitable Distribution 14. The averments contained in Paragraphs 1 through 13 of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff and Defendant have acquired property, both real and personal, during the marriage which constitutes marital property subject to equitable distribution under the Divorce Code. 16. Plaintiff and Defendant each owned, prior to the marriage, both real and personal property which has increased in value during the marriage, and/or which has been exchanged for other property which has increased in value during the marriage, all of which is marital property subject to equitable distribution under the Divorce Code. 17. Plaintiff and Defendant have been unable to agree as to a uitable division aid -i) 14 property lJ D T 7 2(Cru AjJ J? ct rud 0 n dlri I I , bA e MA Ye ?S hceo ??s t42!ws; 1OXi- •-e_sjfiec15, pm4?u rnccc ,?szJ by WHEREFORE, Plaintiff, Jeffrey L. Rhoades, respectfully reque'sttsyt?heeCCourt to divide all marital property equitably between the parties. Respectfully §Omitted, Travis ID No. 77399 ltl?l? Q 4076 Market Street, Suite 209 ?D L ? ryl Camp Hill, PA 17011 ?`?` 717-731-9502 4 / ?- d.-'-Q A A Attorney for Plaintiff ,it VyLOUy - VERIFICATION Na ; I verify that the statements made in this Complain true and correct. understand that false statements herein are made subject to the penalties of 1 a. C.S. , relating to unworn falsification to authorities. Date: /Vim z Z?y hoa e s, *i*n TRUE COPY FROM -i-a"COP0 in Tasilmony WilM01, I W6 : 010 W M ta^a Pa. ,nd fhb ssa Of raid "oust aCarilsl8 . . ? ? o cr xr _;± T -gar: =? `-i r-. -T C... ? -:..> r.,, ? C ? M F ?t ? ? J '? Michael S. Travis Attorney at Law 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 In the Court of Common Pleas of Cumberland County, Pennsylvania JEFFREY L. RHOADES, Plaintiff, VS. VICKI L. RHOADES, Defendant. No. 2002 - 2199 Civil CIVIL TERM IN DIVORCE Praecipe to Reinstate Complaint To the Prothonotary: Please reinstate the Complaint in the above Divorce. M' ael S. Travis Attorney for Plaintiff ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 717-731-9502 Date: n ?- ?? ?, f; .? ??, ?,: - __ - ?,_ .. In the Court of Common Pleas of Cumberland County, Pennsylvania JEFFREY L. RHOADES, Plaintiff, VS. VICKI L. RHOADES, Defendant. No. 2002 - 2199 Civil CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce. I certify that I am authoed to accept service on behalf of the Defendant. Date: ? - o r J in H. Clough, Es 2331 Market Street Camp Hill, PA 17011 Q???'? ?_: _ ?: , -?, ?:? , ,T r_ ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY L. RHOADES, Plaintiff, ) V. ) No. 2002-2199 VICKI L. RHOADES, ) In Divorce Defendant. ) TO THE Please take nc via her counsel, Joant Camp Hill, PA 17011 NOTICE OF SERVICE OF INTERROGATORIES DIRECTED TO DEFENDANT ARY: ;e that Plaintiff on this date has served interrogatories upon Defendant, H. Clough, Esquire, REAGER & ADLER, 2331 Market Street, ? icha .Travis Attorney for Plaintiff 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 Date: 101,2klh3 w ? ? ? ?? ? G N ..1 _ m T p 1? Ci - ?'O ? r, '? W .?,i VICKI L. RHOADES, Plaintiff V. JEFFREY L. RHOADES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2199 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ANSWER TO PETITION FOR MODIFICATION OF PARTIAL CUSTODY ORDER AND NOW, this 6t' day of January, 2004 comes Plaintiff/Respondent Vicki L. Rhoades, and avers as follows: Admitted. Denied. It is specifically denied that the Order should be modified because Jonathan J. Rhoades was having problems with the living arrangements with his Mother. Mother signed a Stipulation agreeing for the custody of Jonathan J. Rhoades to be transferred to his Father because the child desired to live with his Father, not because Mother believes there were any problems with his living arrangements with her. Admitted. 4. Admitted in part, denied in part. It is admitted. that the Defendant is no longer employed with Bethlehem Steel of Sparrows Point, Maryland.. It is denied that the position kept Mr. Rhoades away from home for long periods of time. Mr. Rhoades could be back from Maryland by 4:00 p.m. and the children arrived home from school at 3:45 p.m. To the contrary, Mr. Rhoades' affair in Western Pennsylvania kept him from his family. 5. Admitted. 6. Denied. It is specifically denied that Jonathan was ever permitted to go to the shore unsupervised. To the contrary, Jonathan went to the shore with a friend and his friend's parents. This was Jon's second summer vacation with the Poppleton family. The Poppletons had Jon's medical cards and agreed to supervise and be responsible for Jonathan for this extended summer visit. Admitted in part, denied in part. It is admitted that there was an incident at the shore where Jonathan, age 17, became intoxicated. It is denied that he was unsupervised; rather, the teenagers lied to the parents/guardians as to their planned activity on said date. 8. Admitted in part, denied in part. It is admitted that Mother agreed to permit Jonathan to go to his Father's residence after the incident at the shore. It is denied that Mother agreed to a permanent residence with the Father. 9. Admitted in part, denied in part. It is admitted that the parties agreed to modify the Custody Order according to the Custody Stipulation attached hereto. It is specifically denied that Respondent/Mother agreed to modify custody because of the factual allegations set forth in this Petition For Modification. In fact, neither Defendant/Petitioner Jeffrey L. Rhoades nor his attorney ever served or showed Plaintiff/Respondent Vicki L. Rhoades, or her counsel, a copy of the Petition For Modification of Partial Custody Order which they intended to file, but, instead, only showed her a copy of the Stipulation For Modification of Custody which she agreed to sign. WHEREFORE, although Plaintiff/Respondent Vicki L. Rhoades denies most of the allegations set forth in the Petition For Modification filed by Jeffrey L. Rhoades, she did agree to modify the Custody Order as set forth in the Stipulation she executed which was attached to the Petition. Dated: tom-, b _ Z)? Respectfully Submitted, REAGER & ADLERi, PC/ A, i JOt 1E H. (ZLOF H, ESQUIRE Attorney I.D. 3 61 2331 Market tre t Camp Hill, PA`Y7011-4642 (717) 763-1383 Attorney for Plaintiff I, Vicki L. Rhoades, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Date: /71 3i I J? °?' Clf J VICKI L. RHOADES CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Michael S. Travis, Esquire 4076 Market Street Suite 209 Camp Hill, PA 17011 Dated: 1 11 ? ? .0 o iF, ° J _ lD ., cn o JEFFREY L. RHOADES, Plaintiff, V. VICKI L. RHOADES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2002-2199 CIVIL TERM In Divorce Defendant. MOTION FOR APPOINTMENT OF MASTER Jeffrey L. Rhoades, Plaintiff, moves the court to appoint a master with respect to the following claims: (x) Divorce O Annulment O Alimony O Alimony Pendente Lite (x) Distribution of Property O Support O Counsel Fees O Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested (2) Defendant has appeared in the action by her attorney, Joanne Clough, Esquire. (3) The statutory grounds for divorce are: irretrievable breakdown, indignities. (4) The action is contested with respect to the following claims: equitable distribution of property. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one-half day. (7) Additional information, relevant to the motion: Defend as not cooperated with settlement of property issues. Date: 3 - 3• Michael S. Travis, Attorney for Plaintiff ORDER APPOINTEVG MASTER And now, 8 , 2004, E. Robert Flicker, II, Esquire, Is appointed master with respect to the following claims: Divorce, Equitable Distribution. By the Co IQ J ? -? ?. ?. o ,,, ???. , ? , ?;r ?;t,,.??? <?? ','J ref ? ?? ?°?^??'?'SQ,7Z ,. ??,_? CERTIFICATE OF SERVICE 1. Michael S. Travis, hereby certify that I have, on this date, served a true and correct copy of the within Motion for appointment of Master upon the following persons set forth below by depositing the same in the United States Mail, First Class, postage prepaid at Camp Hill, Cumberland County, Pennsylvania addressed as stated. Joanne H. Clough, Esquire REAGER & ADLER, PC 2331 Market Street Camp Hill, PA 17011-4642 4076 Market Street, Suite 209 Camp Hill, PA 17011 Attorney for Plaintiff Dated: ,3-3-G s, C7 ?11 n .? ; om I Michael S. Travis Attorney for Plaintiff 4076 Market Street, Suite 209 Camp Hill, PA 17011 717-731-9509 Jeffrey L. Rhoades, Plaintiff, V. Vicki L. Rhoades, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2002-2199 CIVIL TERM In Divorce INVENTORY OF PLAINTIFF Plaintiff, Jeffrey L. Rhoades, files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. ffr . Rhoa es, Plaintrf ASSETS OF THE PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (x) 1. Real property (x) 2. Motor Vehicles (x) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit (x) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts (x) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) O 10. Annuities O 11. Gifts O 12. Inheritances O 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home O 15. Businesses (list all owners, including percentage of ownership and officer/director positions held by a party with company) ( ) 16. Employment termination benefits-severance pay, workmen's compensation claim/award ( ) 17. Profit sharing plans 2 (x) 18. Pension plans (indicate employee contribution and date plan vests) (x) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. Military/V.A. benefits ( ) 23. Education benefits (x) 24. Debts due, including loans, mortgages held (x) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with the other person as of the date this action was commenced: Item no. Description of property Name of all owners Estimated value 1. Real Estate 828 Meadow Lane, Camp Tenants by $ 130,000.00 Hill, PA value at separation: $120,000 Entireties 2. 1978 MG Midget poor condition H $ 100.00 3. H.J. Heinz Co. Stock $8,212.00 (held for Zach Rhoades) 5. Commerce bank checking account no. W $1,291.00 0032059610 5. PNC Bank Account No. 5003563127 1 $6,478.00 5. Commerce bank account ck no. W $50.00 32059610 5. Commerce bank account ck no. W $100.00 53677353 5. Commerce bank account sav no. W $56.00 61613387 5. Maryland Steelworkers C.U. H $426.00 1944098670 5. Maryland Steelworkers C.U. H $762.00 1944098670 5. West Shore Teacher's F.C.U. W $10,939.00 9474 5. West Shore Teacher's F.C.U. W $526.00 9474 5. Member's First FCU 19440986701 9. Life Insurance policy W $ AAA Central Penn Auto Club $4,000.00 death benefit 9. Susq. Valley FCU Life ins. policy W 9. Cumberland Valley Life ins policy W 28345 $10,000 death benefit 18. Bethlehem Steel, under receivership H $ of Pension Benefit Guarantee Corp. last estimate 19. H IRA: The Vanguard Group, rolled over $ 48,809.25 from prior account ($ deducted to pay spousal support) 25. Household goods: acq. value Clothes $ washing machine $900.00 $ 800.00 TV's (3) $500.00 $ 300.00 Dell Computer $1,400.00 $ 600.00 Misc furnishings NON-MARITAL PROPERTY Item no. Description of property Name of all owners Estimated value 2. Auto 1998 Chevy Malibu acquired post-separation H $ 2. Auto 1989 Mazda MPV W $ PROPERTY TRANSFERRED No known transfers MARITAL LIABILITIES 1. Mortgage Columbia National Mortgage 4/28/98 (Wife has received mortgage contrib since sep) Joint $89,000.00 2. Home Equity Loan 8/15/98 Cons debts into account $20,000.00 J 3. Auto loan $1,400.00 paid w/TAP li $ 3. Susquehanna Valley FCU transfer from GE Account J $4,481.00 4. 1" Bank Card Account No. 4704731 $2,850.00 paid w/TAP H $ 5. Discover $2,342.00 paid w/TAP H $ 6. Sears H $ 8. Amerberwood $6,000.00 paid w/TAP $ 10. School/Township taxes $1,593.00 annually j $ NON-MARITAL LIABILITIES No known liabilities q, 7 00 /f - DYNAMI APeRAISALS jtdC LL -. 828 MEADOW LANE rm ..n.. Location tjtlrban Bunk up ? over 7b% Growth rate ? Rood Property values Y? Irtcroaafng DerdanwSuppWO Sha fte M?k®?,ilma Uhder3rrgs Note. race and the raclY een 2b•7b% Under ooonpanoy Stable ?Slow (?( Owner Low I 3tabk DDedkvng ?Tantud 2 : h inbelartce?Ovarauppy ®vacw("14 PradotNr 3 8 mow over s 114-176 non of the naghporftood era not annraird t.,*..... PNONd land Factors gmt affect the marts e nv qra ng eN the Mpropertles VIA M M the naGhboftod ofiood (proxln* lrraty to employment and amerntiea ? SUBJECT IS LOCATED ED INA /! PFrr-"fY'1AilM1aA1'n v ne?nr........_... .,_. - - •6846698 In proMO Ukey to market, etc. - ?..? nargrmOtrtppd (ktdkrdktg Support forme above aorclualone related to me trans! of vauge, On" -- such as data on compatinve Properties for sae in ftre nal Prol>adY stR *, and mark9W SU$ {ECf 1,S 1 rrn?n 6 g , desoripaon of 0141, Prevalence of 401168 and fbmncfng concessfong, etc. PRD??S AM AVER. Fknn?neC?m F, ,n TI It) e^. CSF tis;rM? nor r 4FTH MSlNTHI TYPICAL FOR THIS TYPE F NEIQHSO ?M ?BI IQ, ('NO()1 x1, nnaue r r " 3^ • vi _ `v i a - ?_., z00D. TFn5 I5 A FAIpLY ACTIVE MARKET W)TH NO SPEC{AL Ft's A E - _ NACI91NG. LOAN DISCOUNT. Pro)eat Information for PUDa(if nppaoabla .. 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E -. r FEMAMe Date o3 (alp01rent adverse ?aemarts, ?_,_ 420360 ?ls fSp al akb arett IneW or IOW noroardormIng zontng use, eta): THE 81 SHAPE AND LANDSCAPWG OF THIS 5 ---- - --__.rvurvuAnf7N No. of Unite 1 Foundaibn BASEMENT INSULATION " No. Of Stories 2 Exterbr Wale r;Stab rd Space Pq Area ?) FL f ri 44 Flniatied Roof j_1 TYPE (DetJAtL) OEr`AOHED' Roof Surfaces [JETE- 'z' lung 8 S Woos DSaipn(Shfe) BhLEVEL queers&Dwnepte.NO Ba"n"Im Sumpptyryr jq - C88ng DgYWALI Wass J Exleangff'rcposedESSTING wtndowT We wane DRYWALL _ El Ape (Yre.l y g YP Danpnees Flow Floor AVei _ CJ Stormr8creana Settlement NO C,M1RPEI' ~ Norte ("D EVIDENK?E O ,taldp --- Fn1rvYES unknnwn -! REal estate, item #1 Teo srrr< va liee?? 2 So i?o aErgrrC+uerrN COST NSwwrMP R # --- -'-- (Mretltn0 1 2 T 8 ROYEMENTS: ^$SMi.? 1l44 ?.FLQS -.g 0 TVNM EaW,la p? LOSS PhYYSICa,?f,.?l 1..3 Ys IF r C..a?.__.. D" 0 ??AW?ffWltt DaPrectated Vacua of Improvements - `8. `As ia' Valuq of Site improvamema ° #•. _ _ _ _ _,__ 0 ttiDtoATED V 613Y COST APPROACH ?--- 1T@M SUBJECT `s 22 500 828 MEADOW LANE OOMPARASLE NO.1 CAMP HILL 881 MANDY LANE P su got CAMP HILL Pe t 031000 18L 1l f'rloeJOrosa Ltv. Aresi 1$ 8 0 DaMand!or ?-- 84.56 $_128.96 tlon Source INSPECI7ON MLS/5TES _ VedNca VALUE Srmsas Salesarorls g Ef OateaiSai NO s 10/3.1/97 - Lo?Uon SUBIiRgppf SUBURBAN f10kVFae FEE SIMPLE FEE 81 54 j .65 AG f y - AYERACiE ?Ped BFL Bf-LEVEL -- -• /5-9 ASE 19A/5_9E 2? 4EM . _8 000 2 AVEgAgE SRI A Above Grade Ai/ERAQE / R:aomCaat g .3 2.00 _4 2 1.00 Grow Liwl Area 21__..__.8 92 ±4,80c 8 8,Ft easement & 5`1 Flniehad ? a +2.980 1 Porch, Patio, Deck, I Acguatsd sales Prka h;_ „ HA #441.5045598 tVI T lilt No 880571 tWts N vaiuma on Oost Approach *wh as, 'somme of cast esumr ef value. square toot ?icutatlon and for HUD, VA arct FMIiA, ied r*n" economic life of the propsrty};r a rrEM r Mi)oegegl C RI _ dNPUr .?...,. THAbnguardcROuP Irrrll,Irlrlrlrrrlr?lrlrrllrrrll JEFFREY L RHOADES 192 19TH ST. NEW FLORENCE PA 15944 ACCOUNT VALUE On 8/28/2003 $ 48,809.25 Trade date Transaction Dollar amount Share rice Shares transacted Total shares owned Beginning balance - 000 8/28 Employee rollover $ 48,809.25 $ 1.00 48,809.250 48.809.250 WE ARE PLEASED TO CONFIRM YOUR NEW VANGUARD ACCOUNT AND LOOK FORWARD TO SERVING YOU. REDEMPTION PROCEEDS FROM SHARES PURCHASED BY CHECK OR THROUGH OUR MONEY TRANSFER SERVICES MAY NOT BE AVAILABLE FOR 10 CALENDAR DAYS AFTER PURCHASE WHILE PAYMENT IS COLLECTED. A CHECKWRITING REDEMPTION RECEIVED DURING THE TEN-DAY HOLD WILL BE RETURNED TO YOU UNPAID. VANGUARD FEDERAL MONEY MARKET FUND FUND/ACCOUNT NO. 0033/099671173220 • Do not alter or photocopy this Invest-By-Mall slip. VFTC - CUST IRA ROLLOVER • Visit www.vanguard.com or call to change your address. JEFFREY L RHOADES Make checks payable to: The Vanguard Fiduciary Trust Company - 0033 2003 Tax year contribution $ ? r ? ? ? • ? El 2003 Rollover $ ? L11] ? ? R[-] Total amourd $ ?f???r???-[I D 00335 09967173220 255 lTetirementr item #19 August 28, 2003 Page 1 of 1 Vanguard Federal Money Market Fund VFTC - CUST IRA ROLLOVER Statement number: 019000655 (800) 662-2739 - Client Services (800) 662-6273 - Tele-Account Fund number: 33 Account number: 9967173220 THE VANGUARD GROUP PO BOX 7800 PHILADELPHIA PA 19101-9892 IrrnilltLnnrrlllLnrrrnlllJrrlnnLidnrrrlnillrnnl NR 2 5 7 1_ 1 000189 159 NEW NI I X I IIII II III I I VI II III II III II VI II VI II III II III II III III I II II II II III II I IIII CONTACTING VANGUARD " By telephone Vanguard TeIrACOOUnt"': 1-800-ON-BOARD (662-6273) To obtain automated information on fund prices and yields, dividends/capital gains, account balances, and recent transaction activity You may also initiate an exchange between Vanguard" funds 24 hours a day. 7 days a week Vanguard Investor Inforrnalion: 1-800-662-SHIP (7447) To obtain information about Vanguard funds and investment options Monday through Friday, 8 a m.-10 p.m. ET Saturday, 9 am.-4 p.m.ET Vanguard Account Services. To obtain specific account information and to initiate transactions, ,all the roll-hoo telephone number on the reverse Monday through Friday, 8 a nn 10 p m. ET Saturday. 9 a m -4 p m. ET Vanguard Hearing-Impaired Services: Text Telephone (TTY) calls are recorded for response by a Vanguard associate during normal business hours. Investor Information TTY: 1-800-952-3335 Account Services TTY 1-800-749 727 3 By telephone Vanguard"' Annuity and Insurance Services: 1-800-462-2391 To obtain specific contract information and to initiate transactions. Monday through Friday. 8 a.m.-8 p.m. ET .:-+. Via our wehsite www vanguard.corn By registered, certified, The Vanguard Group and overnight mail 455 Devon Park Drive Wayne, PA 19087-1815 General correspondence The Vanguard Group PD. Box 2600 Valley Forge, PA 19482-2600 BUYING ADDITIONAL SHARES You buy your shares at the funds next determined net asset value after Vanguard receives your request. To avoid delays, please mall your check with the Iinvest-by-Mail form (on the reverse) to the address listed on the form. BUYING ADDITIONAL UNITS FOR THE VANGUARD® VARIABLE ANNUITY You buy your units at the portfolio's next-determined accumulation unit value after Vanguard Annuity and Insurance Services receives your request. © 2002 The Vanguard Group. Inc_ All rights reserved. Vanguard Marketing Corporation, Distributor. 5/2002 V-431 11^ % VN 'YY .. .. Oror came B F aorrpwaY: CaBwrowu - - Tatd migneg MwxhiY Priam 03449483 Iftspesed ase mpl. Income $ 4,195.00 Rent 600 00 s $ . First Mortgage (P&I) onuse Bonwes 662.91 i Other Financing (P&J) Commissions Hazard noe 23.00 Dividends/Interest Estate T Real Estate Taxes Net Rental Income 18.13 Mortgage Insurance Other m rnmpm&p, 38.45 the no mdtin see in 'dmuibe Homeowner Assn. Dues Other mare belowl Other. Total 3..SW-" = 692.00 ; e,295.00f Total 75.80 • self E-I-d en,.a . a $ 600.00 i 617.89 _.____ oe. rooms ana nnanma ratamsms. jal? Vg?tl'V Derorlbr Othw Ineomr Notles: AllmanY. chOd rapport, or separate mdmenares Income mad nm M rewdsd It the normvmr (B) "IC I or C0-a0rrowar (C) don nor Choose to Mw It condtWsd for repaying this 1 r O3 I Monthly Amoum - This Statement and ari applicable su Y ppnrfully d sufficiently joined so that the Statement can be be meaningfully and - - - ewnpee jointly n ti malrla anth u`wiser sd?L'o-borrowers if t1ie airty presented on a combined basis; G assets acrd gabiON, the Co-Borrower section was completed about a spouse, this Stet ..pbroee separate Statements an mans and supporting schedules must be e compd about th t d Schedules are requi a spouse als o. Cons bted ®JoInH Not J ASSETS Cash or Market Value Lis"". and "Odg d A..w. List the wediter'r name, eadr se and aeapuM rm hdudkig wusn"9s bans revolvb ch mbw for di wun"ins Description , p arge sessursk red estate bans, afirmny, Gr Use sees nuedon sheet it ad wppsn, Moe, pedpe Cash deposit toward purchase hold by: , nepesary, Inatcds M 1 .1 these R+bnities wNch will be es owned or u o fi 'M ds0ed upon sate of real i p n re nancing of the suly property. LIABILITIES Monthly Prot.& Mos. Left to Pay Unpaid Name and address of Company Pmt./Mos. _ i List checking and savings accounts below Discover card services "-- ----- Name and address of Bank, S&L, or Credh Union 96.00/:24 d,3Da. o0 Bank o ` ' ?pt . i ? *•.K P.O. S Jt y ,/ / Box x ,a/' Camp Bill, , PA PA 17011 ?l ?? Revolving ADct. no.6011 0247550 _ Name and ad of Comp 8 PmtJMor. Acct, no-0032059610 E 1,291.00 teelteo 369 00/ 25 N d dd . 9,640.00 ame an a ress of Bank, S&L, or Credit Union i 535 Du (? Maryland Stealworkoxv C. V. }(/? 535 Dundalk lk Avenue Baltimore, MD 21224 ?••[ ( W 1 ? b Installment M-6411944 98 70000.9 j Na a and addres o Ce py S Pmt./Mos. Asst. fto19H 098670 9 426.00 Unit eta s NatL'tina11 Bank 80 00 / ?? Name and address of Bank, S&L, or Credit Union i . ( 1 4,963.00 S3S Du ?O Maryland Avenue 0.V. SJS Dundalk lk Avanua ? Baltimore BD 21224 L 1P J ? - - ?? , '; v t '1 Revo is ? i - c . 0. 310600031009547 a e address of Com y j Pmt /Mos Awt• no,1944099670 i 762.00 A.. P .4tighht . . 0 00 Name and address of Bank, S&L, or Credit Union \ . _496.00 bee Attached Re ng Acct. 23476SO01 ' Name and a Be of 'pap Acct, no. $ 45, 467.00 Stocks & Bonds (Company name/number S & description) f, `? Are 5 W?t?r? p 0 Life insurance net cash value i IF Face amount: S ACC"'-' no 5 and li abilities Y (?/1/?' ? S pmt./Mw. S J ^? 30.OD/ 16 478.OC 986702403 \ ' so mpanV--- l S Pmt./Mos.. g 49.00/ YO 998.01 - Dy1?, Ns - s y FC c,? Net worth of bd[:0 (attach financial s Masada MPV Signature: VMP-21 Assets a. rva,- ano seemss oT l:ompany 8 Pmt /Mos S See Attached 2raeW;Oi 5.000'.00 Acat. no. Ali ms^t/e hOwedur DAW/Saparate Maintenance $ Job flah"ad Expense (chlM care, union dues, me.) S Total Monthly Payments S $830.00 • $ Total Uabilitlas b. Bonrer's Signaturo: Date 0J11a Y?Y?'2i 18210).08 FarWi Pu rc.G1 j_ c v? f ? czcc I&?f lq'89- rg107 -?? CIK V ` U acu, c?D ?",`-l?' c? (mae 4-D , hmtrjcg1jL Lec?r1 C-b U ? 2,DD L, d h (& ea" r-&CW 'W(" vie omt,?? T-arA a 1- D6 YO \J ?vl ems,.! 11 u?? NL a 7h A ? &,)AL6p 4q gj gaq , &3 , property described hnroin;vi2) tihe v pp B?r?r arm .yravyrwarn rr Um tom requtorm, oy zms application win be secured oy a liner mortgage or pee, of trust on t purpose of obtaining tiro loan indicated herein; '_ y illegal or prohibited rorty wig not be used for an purpose or ace; (S)ag statements made ci this application are made for t in the application may be made of, any, time 61 ender,oits agents, successors and assigns,r either ih yor through ar credit reporting aggency, from my contain named in this application, and the original copy of this application wig be retained by the Lender, even if the ban Is not approved: (61 the Lender, its ages successors and assigns will rely on the Information contained In the application and I/we have a continuing obligation to amend and/or supplement the informati provided in this application If any of the material facts which I/ws have represented heroin should change prior to dosing; 171 in the event my/our payments on t loan indicated in this application become delinquent, the Lender, Its agents, succMaom and assigns, may, in addition to all their other rights and remedies, rapt mylour name(s) and account information to a credit reporting agency; (8) ownership of the loan may be transferred to successor or assign of the Lender without noti to me and/or the administration of the ban account may be transferred to an agent, successor or assign of the Lender with prior notice to me; (9) the Lender, agents, successors and assigns make no representations or warranties, express or Impiled; to the Bormweris) regarding the property, the condition of the pmperty, the value of the property. Certification: Me certify that the Information provided in this application Is true and correct as of the date set forth opposite and acknowledge my/our understanding that any intentional or negligent misrepressmation(s) of the information contained In this application may(,result tInccivil liabg and/or criminal penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18, United States Code, Section 1001, at seq. a liability for monetary damages to the Lender, its agents, successoro and assigns, Insurers and any other person who may suffer any loss due to reliance upon a misrepresentation which Uvve have made on this application. X on, types Provides equal credit that opportunity. a Lender r may neither -- - snob rlmM.-ate n the - basis of nem this Tor Mfo"min fah housing and home mortgage dhdosuro laws, You am not required to furnish this info liance w nor of oR loans whether role _ _ you to a choose dwsgMg, to fum Mbh k. order'm However, monitor i} the Lnder's compMON= rmstion, but sro encouraged to do to. The Ir under Federal regulations this Lender Is required W Rate race and sex on the basis of visual observation or surname. If you do not you choose wish to not t furnish information, please check the box below. (Lender must review the above material to assure that the disclosures s a the under applicable state taw for the particular type of loan applied for.) atisfy an requirements to wish the der h ubb BORROWER ?I do rot wish to furnish this kdormaRan Race/National 11 Amsde In,ian or ?Aslob er Pedgo ® White, Rot of Origin: Alook. Nadva CO-BORROWER ? i do net wish to furnish the Inismatim Race/Nati l Islander 191ack, not of Q Hhparic origin 1l ? ona Origin: Alaskan Nshan or Ql ? Pacific ®WNM Rotor a ? . 10spsnlo stigM faapanie a ? Black, rot of Hbpsnic origin Hbpanieori in D l_1 Oom(speoay) Sex: El g Hisparde ?Dtl erna4 Mina SOX: rr tspedfy) ® Intarvlewer Mterviewst's Name [prim or typo) r'mala Mob ken by.- Name and Addm. of Interviewer's Empbyer :: rview ewe s SI net s D Colux"b"' Natiobal Incorpor-etad : ate p 0 goer 3050 rvlsWe s Phone Nu a lid. area cods) Coluahbie, ND 21045-SOS O 717-737-3094 ®-21 (192101.06 ® Page 3 of 0 10/92 FSddFannie . FFoor 65 110 (? N c_ o .n ? ?: ` _ -_+ ` '.J fr7? F _? v7 d i `:jp C?- ( i y C7 gin r.? , J .. c.n j Cif -C VICKI L. RHOADES, Plaintiff V. JEFFREY L. RHOADES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2199 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR ALIMONY ALIMONY PENDENTE LITE AND COUNSEL FEES COSTS & EXPENSES AND NOW, this A day of April, 2004, comes Petitioner/Plaintiff Vicki L. Rhoades, by and through her counsel, Joanne Harrison Clough, of Reager & Adler, P.C., and files this Petition For Alimony and Counsel Fees, Costs and Expenses: By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 2. The Plaintiff is without sufficient funds to support herself through appropriate employment and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency, and after the conclusion, of this action. 3. Plaintiffs income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 4. Defendant has sufficient income and/or earnings capacity and assets to provide for Plaintiffs continuing support and to pay her counsel fees, costs and expenses. WHEREFORE, Petitioner Vicki L. Rhoades respectfully requests this Honorable Court to award Petitioner reasonable Alimony Pendente Lite, Alimony, and Counsel Fees, Costs, and Expenses. Respectfully Submitted, REAMER & ADLER, PC Dated: Att7;t1'iey I.D. # 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorney for Plaintiff 3 ERIFI ATION I, Vicki L. Rhoades, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: VICKI L. CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Michael S. Travis, Esquire 4076 Market Street Suite 209 Camp Hill, PA 17011 Dated: t " 4 ' 0 (? l JOANNE HARRISON ESQUIRE u ? ? ? m p ?= t ? .?v ??? .? Q v -?, m ? ? ? O ? -3? ? ._ ; .. c'? `? c T, -0 v ? ? ??? ? ? .- Zl _..? .._ ter" -?P ? o ?< JEFFREY L. RHOADES, Plaintiff vs. VICKI L. RHOADES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 2199 CIVIL IN DIVORCE PRELIMINARY PRE-TRIAL STATEMENT OF VICKI L. RHOADES TABLE OF CONTENTS 1. Background Information II. Listing of Marital/Non-Marital Assets/Property III. Expert Witnesses IV. Non-Expert Witnesses V. Listing of Proposed Exhibits VI. Income VII. Expenses VIII. Pension/Retirement Benefits IX. Counsel Fees X. Disputes XI. Marital Debts XII. Proposed Resolution I. BACKGROUND INFORMATION A. PARTIES HUSBAND NAME Jeffrey Lynn Rhoades ADDRESS 192 19`h Street New Florence, PA 15944 AGE 53 DATE OF BIRTH February 9, 1951 PLACE OF BIRTH Johnstown, Cambria County, PA SOCIAL SECURITY NUMBER 194-40-9867 HEALTH Good EMPLOYER Quit job of 27 years; currently works for temp agency OCCUPATION Tradesman LENGTH OF RESIDENCY IN PA Life EDUCATIONAL BACKGROUND Highschool graduate, Associates Degree WIFE NAME Vicki Louise Rhoades ADDRESS 828 Meadow Lane Camp Hill, PA 17011 AGE 48 DATE OF BIRTH February 5, 1956 PLACE OF BIRTH Munich, Germany SOCIAL SECURITY NUMBER 248-11-9183 HEALTH Chronic kidney disease and heart disease. EMPLOYER Cumberland Valley School District OCCUPATION Paraprofessional learning support and special eduation LENGTH OF RESIDENCY IN PA Since 1972 EDUCATIONAL BACKGROUND Highschool diploma B. CHILDREN NAME AGE DATE OF BIRTH CUSTODIAN Jonathan James 18 April 18, 1986 Father Zachary Glynn 15 June 27, 1988 Mother Sarah-Anne Eden 14 September 12, 1989 Mother C. MARRIAGE INFORMATION DATE OF MARRIAGE September 13, 1985 PLACE OF MARRIAGE New Florence, PA DATE OF SEPARATION June 2001 CIRCUMSTANCES OF SEPARATION Husband left to live with mistress D. PRIOR MARRIAGE WIFE =one - divorce HUSBAND none E. CHILDREN OF OTHER RELATIONSHIPS )/MARRIAGES WIFE 1 child: Christopher Lee Rage, age 23 HUSBAND none known F. PROCEEDINGS INFORMATION DATE ACTION COMMENCED May 3, 2002 DATE OF SERVICE OF September 17, 2003 COMPLAINT MANNER OF SERVICE OF Acceptance of Service by counsel COMPLAINT ISSUES RAISED IN DIVORCE Divorce Indignities and Equitable COMPLAINT Distribution. DATE AMENDED COMPLAINT N/A FILED ISSUES RAISED IN AMENDED N/A COMPLAINT DATE OF FILING OF ANSWER N/A AND/OR COUNTERCLAIM ISSUES RAISED IN Defendant filed Petition For Alimony, COUNTERCLAIM APL and Counsel Fees, Costs and Expenses. BIFURCATION No. PREVIOUSLY RESOLVED ISSUES None. II. LISTING OF ASSETS (A) MARITAL ASSETS/PROPERTY ITEM NO DESCRIPTION PARTY TOTAL VALUE DATE OF NON- LIENS OR . VALUATION MARITAL ENCUMBRANCES PORTION 1. Real Estate 1.A 828 Meadow Lane $128,000.00 (?) Nov. 2003 $88,410.19 - Camp Hill, PA 17011 Columbia National Mortgage & PNC Home Equity Loan 2. Vehicles 2.A 1998 Chevy Malibu H To be determined. 0 None. 2.B M.G. Midget H To be determined. $5,349.88 3. Bank Accounts 3.A PNC Joint Checking 3.B Commerce W 3.C Credit Union in MD H 3.D Susquehanna Federal W Credit Union 3.E Vanguard Account # H 978489760-8 3.F 4. Pensions 4.A Cumberland Valley W To be determined. School District 4.B 401(k) Bethlehem Steel H To be determined. Husband's - PPG; now at liquidating - Vanguard via rollover took $1'10,000.00 in. Jan 2004. 4.C Railroad Pension H To be determined. 5. Stocks 5.A 6. Household Goods 6.A 828 Meadow Lane W Nominal value. 6.B 7. Personal Property 7.A Tools H To be determined. 8. Life Insurance 8.A Whole Life Insurance H 8.13 Metropolitan Policy No. 822232876 P.R. W B. NON-MARITAL ASSETS/PROPERTY ITEM NO. DESCRIPTION PARTY TOTAL VALUE DATE OF VALUATION NON- MARITAL PORTION LIENS OR ENCUMBRANCES 1 1995 Qldsm6bilo Royale 88 Rr I IOQ 10 Land 0ift from previous in-laws. III. EXPERT WITNESSES The following is a listing of the anticipated experts who will be called to testify in this case and their reports are attached describing the experts qualifications and experience and the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion: NAME ADDRESS Possible realtor Possible pension value expert Additional experts who may be called to testify are not known at this time. If such additional experts are retained, the Plaintiff reserves the right to call them as witnesses upon proper notification to the Defendant. IV. NON-EXPERT WITNESSES NAME AND ADDRESS SUMMARY OF TESTIMONY Vicki Rhoades History of the marriage; identification and valuation of marital assets and debts; other relevant testimony relating to the factors set forth in the Divorce Code. Jeffrey Rhoades, as on cross History of the marriage; identification and valuation of marital assets and debts; other relevant testimony relating to the factors set forth in the Divorce Code. Additional witnesses who may be called to testify are not known at this time. If such additional witnesses are identified, the Plaintiff reserves the right to call them as witnesses upon proper notification to the Defendant. V. LISTING OF PROPOSED EXHIBITS The following is a listing of Exhibits which are anticipated to be submitted at the hearing in this case. Exhibits not exceeding three pages are attached to this Pre-Trial Statement. All other exhibits are described below. NO. EXHIBIT DESCRIPTION 1 Income Tax Returns 2 Bank account statements 3 Pension statements 4 House appraisal to be supplemental 5 If additional exhibits are identified, Plaintiff reserves the right to submit additional Exhibits upon proper notification to Defendant. VI. INCOME The following is a listing of the income of the parties: PARTY DESCRIPTION AMOUNT Husband Gross Monthly Income from all Sources List of each payroll deduction Net Monthly Income Copy of husband's most recent state and federal income tax return and pay stub is attached Wife Gross Monthly Income from all sources Each payroll deduction Net Monthly Income Copy of wife's most recent state and federal income tax return and pay stub is attached VII. EXPENSES. plans to offer testimony as to his/her expenses. A current Income & Expense Statement is attached hereto. VIII. PENSION/RETIREMENT BENEFITS ITEM NO. PARTY DESCRIPTION TOTAL VALUE DATE OF VALUATION MARITAL PORTION FACTS TO SUPPORT THE VALUATION (attach documentation) IX. COUNSEL FEES The following is a listing of the counsel fees and expenses incurred, or to be incurred by the parties: PARTY DESCRIPTION DATES AMOUNT BASIS FOR CHARGE Husband Counsel Fees to be Charged Costs Anticipated Fees and Costs Detailed Itemization of of the services rendered Wife Counsel Fees to be Charged Costs Anticipated Fees and Costs Detailed Itemization of of the services rendered X. DISPUTES. DESCRIPTION TOTAL VALUE OF ITEMS OF METHOD OF VALUATION EVIDENCE AND DOCUMENTATION IN SUPPORT OF TANGIBLE PROPERTY VALUATIONMARITAL PORTION XI. MARITAL DEBTS. ITEM DESCRIPTION TOTAL DATE DEBT INITIAL AMOUNTS FACTS AND NO. AMOUNT AS INITIALLY AMOUNT OF AND DATES EVIDENCE OF DATE OF INCURRED DEBT AND OF THAT WILL BE SEPARATIO PURPOSE PAYMENTS OFFERED TO N MADE SINCE SUPPORT THE DOS CLAIM Mortgage Home Equity Loan XII. PROPOSED RESOLUTION A. B. Respectfully submitted, REAG?ER & ADL,ER, PC Dated: k - Z-j - c? By: 4.o. ISON CL UGH, ESQUIRE 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Defendant CERTIFICATE OF SERVICE AND NOW, this ZJ5fiday of 2004, I hereby verify that I have caused a true and correct copy of the foregoing document, Pre-Trial Statement of Vicki L. Rhoades, to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Michael S. Travis, Esquire 4076 Market Street Suite 209 Camp Hill, PA 17011 ESQUIRE REAGER & ADL,ER, PC r, H r CIL -c- Y j .l (i j _f: ? J -p rrY j .t ? In the Court of Common Pleas of Cumberland County, Pennsylvania JEFFREY L. RHOADES, Plaintiff, VS. VICKI L. RHOADES, Defendant. To: Joanne H. Clough, Esquire REAGER & ADLER, PC 2331 Market Street Camp Hill, PA 17011-4642 No. 2002-2199 CIVIL TERM IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted: AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or before April, 2002, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: __?jtAl T? 4ady % e L. s, Plaintiff F-4 r r o 4 N W t JEFFREY L. RHOADES, Plaintiff V. VICKI L. RHOADES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2199 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AMENDED PETITION FOR ALIMONY, ALIMONY PENDENTE LITE, AND COUNSEL FEES, COSTS & EXPENSES AND NOW, this 30th day of April, 2004, comes Petitioner/Defendant Vicki L. Rhoades, by and through her counsel, Joanne Harrison Clough, of Reager & Adler, P.C., and files this Amended Petition For Alimony, Alimony Pendente Lite and Counsel Fees, Costs and Expenses: The Plaintiff and Defendant in the caption in the: original Petition For Alimony, Alimony Pendente Lite and Counsel Fees, Costs and Expenses were inadvertently switched listing Vicki L. Rhoades as Plaintiff and Jeffrey L. Rhoades as Defendant, when in fact, Jeffrey L. Rhoades is the Plaintiff and Vicki L. Rhoades is the Defendant. By reason of this divorce action, Defendant Vicki L. Rhoades will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. The Defendant Vicki L. Rhoades is without sufficient funds to support herself through appropriate employment and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency, and after the conclusion, of this action. 4. The income of Defendant Vicki L. Rhoades is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 5. Plaintiff Jeffrey L. Rhoades has sufficient income and/or earnings capacity and assets to provide for Defendant's continuing support and to pay her counsel fees, costs and expenses. WHEREFORE, Petitioner Vicki L. Rhoades respectfully requests this Honorable Court to award Petitioner reasonable Alimony Pendente Lite, Alimony, and Counsel Fees, Costs, and Expenses. Respectfully Submitted, REAGER & ADLER, PC Dated: ? - ? 0 (-/ j Attorney I.D. # 36461 I 2331 Market Street Camp Hill., PA 17011-4642 (717) 763-1383 Attorney for Plaintiff CERTIFICATE OF ERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Michael S. Travis, Esquire 4076 Market Street Suite 209 Camp Hill, PA 17011 Dated: J l a c ? r o ? f1"i ti'. ? i??? '' ":' ?' m U ? W Yj0 r,, ? 7 l {-' ? iL -? ^Y i r ???? L .m J -< "` J In the Court of Common Pleas of Cumberland County, Pennsylvania JEFFREY L. RHOADES, Plaintiff, ) VS. ) No. 2002-2199 VICKI L. RHOADES, ) CIVIL TERM Defendant. ) IN DIVORCE CERTIFICATE OF SERVICE I, Michael S. Travis, certify that I have this day served a true and correct copy of the Affidavit under Section 3301(d) of the Divorce Code by first class mail, postage prepaid, on the following person(s), addressed as follows: Joanne H. Clough, Esquire REAGER & ADLER, PC 2331 Market Street Camp Hill, PA 17011-4642 Date: %' Jo U I 40 76 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 Attorney for Plaintiff c ? r G m ' y I-rn J N _T cJi In the Court of Common Pleas of Cumberland County, Pennsylvania JEFFREY L. RHOADES, Plaintiff, ) VS. ) No. 2002-2199 VICKI L. RHOADES, ) CIVIL TERM Defendant. ) IN DIVORCE COUNTER-AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): ?l (a) I do not oppose the entry of a divorce decree. ? (b) I oppose the entry of a divorce decree because (check (i), (ii) or both): ? (i) The parties to this action have not lived separate and apart for a period of at least two years. ? (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): ? (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. )((b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce ]Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: ?;- - 3 - Vicki L. ioades, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE, DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. C7 o O o r -ct -'?'?, ? y _ erg:-.- ?n `l, ? ?' o =? , a n a i Y' rn JEFFREY L. RHOADES, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2199 CIVIL TERM VICKI L. RHOADES, : CIVIL ACTION - LAW Defendant : IN DIVORCE STIPULATION OF PARTIES WHEREAS, Jeffrey L. Rhoades is represented by Michael S. Travis, Esquire; and WHEREAS, Vicki L. Rhoades is represented by Joanne Harrison Clough, Esquire; and WHEREAS, Jeffrey L. Rhoades has a 401(k) account numberOy967n3 u(' at Vanguard, presently consisting of monies acquired during the parties' marriage; and WHEREAS, Jeffrey L. Rhoades withdrew $10,000.00 from said account in January 2004 without Vicki L. Rhoades' knowledge or consent; and WHEREAS the parties have no current agreement as to the distribution of the 401(k) proceeds; and NOW THEREFORE, each party hereto agrees as follows: No money shall be withdrawn form the Vanguard 401(k) account number , q q6,-11 73 Z O of Jeffrey L. Rhoades without both parties' written agreement to make any w4hdralval or without a Court Order designating said withdrawal or transf r. Vicki L. Rhoades Rhoades -,---- CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Michael S. Travis, Esquire 4076 Market Street Suite 209 Camp Hill, PA 17011 Dated: SL S? _ G \ HARRISON C).oUGH, ESQUIRE n N d ?i'1 C: ?. `!') L;., acs. ?l ?-- : q -i? r L. -o <> n ?,:_,-, ^ t' ? ??ir ., ,; v c: ? ? In the Court of Common Pleas of Cumberland County, Pennsylvania JEFFREY L. RHOADES, Plaintiff, ) VS. ) No. 2002-2199 VICKI L. RHOADES, ) CIVIL TERM Defendant. ) IN DIVORCE AFFIDAVIT OF CONSEN'r A complaint in divorce under § 3301(c) of the Divorce Code was filed on May 3, 2002. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. DATED: Jeff .Rhoades, Plaintiff j ?fi ` ?1 _ J r CJ In the Court of Common Pleas of Cumberland County, Pennsylvania JEFFREY L. RHOADES, Plaintiff, ) VS. ) No. 2002-2199 VICKI L. RHOADES, ) CIVIL TERM Defendant. ) IN DIVORCE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning allimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: L&(, ocv Vicki L. Rhoades, De n ant r' N r?ji1- C Cam! In the Court of Common Pleas of Cumberland County, Pennsylvania JEFFREY L. RHOADES, ) Plaintiff, ) VS. ) No. 2002-•2199 VICKI L. RHOADES, ) CIVIL TERM Defendant. ) IN DIVORCE AFFIDAVIT OF CONSENT A complaint in divorce under § 3301(c) of the Divorce Code was filed on May 3, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are trae and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. DATED:--ku a3 Jcol? L??.?t?, Vicki L. Rhoades, v = , L - C j N U In the Court of Common Pleas of Cumberland County, Pennsylvania JEFFREY L. RHOADES, ) Plaintiff, ) VS. ) No. 2002-2199 VICKI L. RHOADES, ) CIVIL TERM Defendant. ) IN DIVORCE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: Ti 0 6 Ae,. Rhoades, Plaintiff Y -' C ? CJJ Q C3 n r u. - ? LL T ('! c? N U JEFFREY L. RHOADES, Plaintiff VS. VICKI L. RHOADES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 2199 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this & day of 2004, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on July 23, 2004, the date set for a four-party conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, cc: Aichael S. Travis Attorney for Plaintiff /oanne Harrison Clough Attorney for Defendant IM44_01\ Geotg If- Ew, P J. p7-aG -69 i?V IL a of I1 9 II kl h`%U 17i .., ,CrC!3!I-J JEFFREY L. RHOADES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02 - 2199 CIVIL VICKI L. RHOADES, Defendant IN DIVORCE THE MASTER: Today is Friday, July 23, 2004. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Jeffrey L. Rhoades, and his counsel Michael S. Travis, and the Defendant, Vicki L. Rhoades, and her counsel Joanne Harrison Clough. A complaint in divorce was filed on May 3, 2002, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. Counsel and the parties have provided the Master with signed affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The Master's office will file the affidavits and waivers with the Prothonotary. The complaint raised the economic claim of equitable distribution; on April 6, 2004, the wife filed a petition on her behalf raising additional economic claims of alimony, alimony pendente lite and counsel fees and expenses. The Master has been advised that after negotiations this morning that the parties have reached an 1 agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties and counsel are going to return later this morning to review the transcribed agreement for typographical errors, make any corrections as necessary, then affix their signatures affirming the terms of settlement as stated on the record. In any event, the parties are bound by the terms of the agreement as stated on the record when they leave the hearing room even though there is no subsequent signing of the document affirming the terms of settlement. Upon receipt by the Master of a completed agreement the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on September 13, 1986, and stipulated that the separation occurred June 2001. MS. CLOUGH: Excuse me.. You said the date of marriage was 186, it is an error in the record. They were married in 1985. 2 THE MASTER: The parties are the parents of three children, the oldest child resides with the father and the younger two children reside with the mother. Ms. Clough. MS. CLOUGH: 1. The parties acknowledge that they have a marital residence located at 828 Meadow Lane, Camp Hill, Pennsylvania. Husband and wife agree that husband shall transfer any and all right, title and. interest he has in the marital residence to wife as part of her share of equitable distribution of the marital estate. Wife's counsel shall prepare a deed conveying husband's interest in the marital residence to wife and husband shall sign the deed transferring the marital residence to wife within thirty (30) days from the date of the presentation of the deed to husband's counsel. Wife agrees to indemnify and hold husband harmless for any debt associated with the real estate including the first and second mortgages in favor of Columbia Mortgage and PNC Bank and wife further agrees to be responsible for all maintenance, utilities, taxes or other claims for the property once this agreement has been executed. 2. Husband and wife further acknowledge that husband has a 401(k) currently on deposit with Vanguard which is the 401(k) retirement account from his previously employment in Bethlehem Steel. Husband acknowledges that he received as part of his share of equitable distribution one withdrawal from said account in the amount of $10,000.00 and believes he may also have had an earlier withdrawal of approximately $5,000.00 Husband and wife further agree that the current balance of the 401(k) account is approximately $33,000.00 as set forth on the statement provided by husband's counsel to wife's counsel in the month of July 2004. The parties agree that husband shall retain the sum of $5,000.00 in the 401(k) as part of his share of equitable distribution. The remaining balance of approximately $28,000.00 in its entirety shall be transferred via a roll over from husband's 401(k) retirement to wife. Wife is accepting the roll over from the 401(k) account as part of her share in equitable distribution and in lieu of pursuing her alimony claim 3 against husband. The parties anticipate that this 401(k) can be rolled over by either presenting a certified copy of the settlement agreement and divorce decree to the plan administrator or by a formal QDRO. In any event, it is -=he specific intent of the parties that the account be transferred from husband to wife with no cashing in of the account and no tax consequence, that the retirement be :segregated by the Court and rolled over to wife's name. 3. The parties agree that upon the date of entry of final divorce decree husband's support obligation and mortgage contribution to wife shall cease and shall cease from that date forward and there shall be no alimony due and payable from husband to wife. 4. The parties acknowledge that wife has two small retirement accounts through her employment with Cumberland Valley School District. The parties further agree that wife shall receive 100% of the retirement accounts as part of her share of equitable distribution of the marital estate. 5. The parties acknowledge that husband had a retirement pension plan with Bethlehem Steel which is currently under control of the United States Pension Guaranty Board and that the portion of said pension accrued from September 13, 1985 (date of marriage) through June 30, 2001 (date of separation) is marital property subject to equitable distribution. The parties further agree that wife shall receive 50% of the marital share of said pension via a QDRO to be prepared at husband's expense. The parties further agree that husband shall select the survivor benefit option if available to preserve wife's share of the marital portion of the retirement benefits. Wife's share shall be determined by a coverture fraction formula as follows: 186 months (9/13/85 through 6/30/01) over the total months employed at Bethlehem Steel times the monthly retirement benefit times 50% equals wife's share. Husband and his counsel shall prepare the draft QDRO order and the parties shall have it pre-approved by the plan administrator before submitting the proposed QDRO to the Court. Husband shall provide the draft QDRO order to wife's counsel within thirty (30) days of the date of the signing of this agreement. The parties are attaching as an Exhibit to this agreement a retirement estimate statement from PBGC bearing a preparation date on the bottom of the document of June 25, 2004, which indicates different benefit forms of 4 participant benefits. The parties are intending to select the married participant joint and survivor 50% option where the participant's benefit is listed as $933.12 and the survivor's benefit is listed as $466.56. 6. The parties further agree that wife shall retain the remainder of the personal property at the marital residence as part of her share of equitable distribution and that husband shall retain all of the marital personal property in his possession as part of his share of equitable distribution with the following exceptions: Husband shall return to wife the Turkish rug given to her by her parents and the child's cradle which are currently in husband's possession. These items shall be delivered to wife within thirty (30) days of the date of the divorce decree. In addition husband will return to wife some of her personal property that is still stored in New Florence including her year books and other personal memorabilia. Wife further agrees that if she locates the Maxfield Parish poster she well return it to husband. The parties further agree and acknowledge that husband's mother Helen Rhoades has scme crystal goblets and/or glasses which she entrusted to Vicki Rhoades to be passed on to Sarah-Anne Rhoades, the parties' minor daughter. Wife agrees to do an inventory of the crystal that she has at the marital residence and identify that brand or type of crystal and provide this to husband. Wife further agrees to keep the crystal in her safe keeping as custodian for Sarah-Anne until Sarah-Anne is 24 or graduates from college at which time wife shall turn the crystal over to Sarah-Anne and the parties acknowledge that the crystal is Sarah-Anne's property. The parties further acknowledge that the minor children Zachary and Jonathan shall reach an agreement as to Jonathan's Cumberland Valley warmup lacrosse clothes and other items that Zachary has been using at the marital residence and that the boys shall determine who keeps these particular items. 7. The parties further agree that each will assume sole responsibility for any marital debt that each paid post separation as part of each parties' share of the marital debt obligation in the divorce action.. 8. The parties further acknowledge that at some point during the marriage husband may have had a whole life insurance policy with Met Life Insurance Company. Husband 5 agrees that he is willing to transfer any and all right, title and interest he may have in that account if it has any value to wife and wife may retain that as part of her share of equitable distribution. Husband shall provide any information he has on the account, if it exists, within thirty (30) days of the signing of this agreement. 9. The parties agree that husband shall retain as part of his share of equitable distribution the 1998 Malibu automobile. The parties further acknowledge that he shall retain the MG vehicle he obtained prior to marriage and which was repaired during the marriage. 10. The parties acknowledge that during the course of the marriage they utilized funds that had previously been set aside for the children for college education. Husband and wife agree that in consideration of each party's desire to try to reestablish some of these account for the children's use for college education husband agrees to provide the sum of $4,100.00 for Zachary's college education and to supply the sum of $4,100.00 for Sarah-Anne's college education costs. The parties further acknowledge that there are some custodial accounts for Jonathan and acknowledge that wife is the custodian of those funds and that those funds shall be made available for Jonathan for his college education. Husband agrees to provide Zachary with $4,100.00 for his first year of college and agrees to provide Sarah-Anne the $4,100.00 for her first year of college. Wife shall provide to husband copies of statements of all of the children's educational accounts annually until said accounts are closed. 11. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or 6 advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. CLOUGH: Vicki, did you participate in the settlement conference here today at the Master's office? MS. RHOADES: Yes. MS. CLOUGH: And did you hear the settlement agreement that we just dictated and put on the record here today? MS. RHOADES: Yes. MS. CLOUGH: And did you understand what property is being distributed to each of you? MS. RHOADES: Yes. MS. CLOUGH: And is there any part of that that you are confu sed about or have any questions about right now? MS. RHOADES: I don't know. MS. CLOUGH: Well, you need to know. MS. RHOADES: Well, visually I need to see. THE MASTER: Do you want to go off the record here? MS. CLOUGH: Yes. (Whereupon, a discussion was held off the record.) MS. CLOUGH: Vicki, did you have an opportunity to fully understand the asset distribution and 7 financial obligations we have agreed to today? MS. RHOADES: Yes. MS. CLOUGH: And is it your intention to want to do that? MS. RHOADES: MS. CLOUGH: for about a year and a half MS. RHOADES: MS. CLOUGH: my representation? MS. RHOADES: MS. CLOUGH: opportunity to come back th can resolve this case? MS. RHOADES: THE MASTER: MR. TRAVIS: terms of this agreement? MR. RHOADES: MR. TRAVIS: Yes. And have I been representing you to two years? Yes. And have you been satisfied with Yes, I have. Thank you. And you want to have an Ls morning and sign this so you Yes. Mr. Travis. Mr. Rhoades, have you heard the Yes. Do you understand the terms of this agreement? MR. RHOADES: Yes. MR. TRAVIS: Do you understand that after you leave here today the terms of this agreement are not modifiable? 8 MR. RHOADES: Yes. MR. TRAVIS: Do you have any questions? MR. RHOADES: No. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: ravis Attorney for Plaintiff J nne Har ' z r on Clough Attorney f Defendant e g ey J. Rhoades Vicki L. Rhoade 9 Retirement Estimate Plan Name: BETHLEHEM STEEL CORP. PENSION PLAN Plan Number: 19660300 Participant: RHOADES,JEFFREY L SSN: 194-40-9867 Beneficiary: VICKI RHOADES Date of Birth: February 9, 1951 Date of Birth: February 5, 1956 Pension Benefits Beginning: March 1, 2011 Beneficiary Type: Spouse A: Plan's Automatic Form for unmarried Participant: ourvrvors nenent Straight Life Annuity $1,085.02 None B: Plan's Automatic Form for Married Participant: $933.12 Joint & Survivor - 50% $466.56 C: Straight Life Annuity $1,085.02 None Joint-and-50% Survivor Annuity $933.12 $466.56 E: Joint-and-75% Survivor Annuity $896.01 $672.01 F: Joint-and-1 00% Survivor Annuity $861.73 $861.73 G: Joint-and-50% Survivor "Pop-up" Annuity H the benefidary dies first, the participant's benefit $919.25 $459.63 increases to the amount shown in Line C. H: 5-year Certain-and-Continuous Annuity $1,078.26 $1,078.26 10-year Certain-and-Continuous Annuity $1,058. 41 $1,058 .41 15-year Certain-and-Continuous Annuity $1,027. 00 $1,027. 00 Please osatl the information about your benefit choices that PBGC has providePI with your application. Some optional annuity forms offered by PBGC may be identical to your plan's automatic annuity forms. Prepared by: Chelsea Biskup Dated Prepared: 06/25/2004 JEFFREY L. RHOADES, IN THE Plaintiff CUMBE::: VS. NO. 01 VICKI L. RHOADES, Defendant IN D] ORDER OF C AND NOW, this 2004, the parties and counsel havi and stipulation resolving the econu. the date set for a four-party conf stipulation having been transcribe::' the parties and counsel, the appoir vacated and counsel can conclude ti, of a praecipe to transmit the recur consent of the parties so that a f' entered. cc: /4ichael S. Travis Attorney for Plaintiff /oanne Harrison Clough J Attorney for Defendant JEFFREY L. RHOADES, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02 - 2199 CIVIL VICKI L. RHOADES, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of L. , 2004, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on July 23, 2004, the date set for a four-party conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, cc: Aichael S. Travis Attorney for Plaintiff /oanne Harrison Clough Attorney for Defendant J '1*4401\ Geotg o P y. .? oq-?aG -6'? Michael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill. PA 17011 (717) 731-9502 In the Court of Common Pleas of Cumberland County, Pennsylvania JEFFREY L. RHOADES, ) Plaintiff, ) Y3. ) No. 02-2199 VICKI L. RHOADES, ) CIVIL TERM Defendant. ) IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: Code1. Ground for divorce: irretrievable breakdown under § 3301(c)(1) of the Divorce . 2. Date and manner of service of the complaint : September 17, 2003, service accepted by counsel. Acceptance of Service attached hereto. 3. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff on July 23, 2004. by Defendant on July 23, 2004. 4. Related claims pending: All claims were resolved by Marriage Settlement Agreement reached before the Divorce Master on July 21 2004, which is requested be incorporated but not merged into the Decree in Divorce. 5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: y? 1 y -z 3 .2004. Date Defendant's Waiver of Notice in § 33 ivorce was filed with the prothonotary: _j „ 1 y 7-.-s , 2004. chael S. Travis Attorney for Plaintiff REMO In the Court of Common Pleas of Cumberland County, Pennsylvania JEFFREY I - HHOADES, Plaintiff, vs. VICKI L. RHOADES, Defendant. No. 2002 - 2199 Civil CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE 1 accept service of the Complaint in Divorce. I certify that I am service on behalf of the Defendant. Date: G -,11 ' 2331 Market Streety Camp Hill, PA 17011 to accept ,Ilk ?... r n r RIM ko N Jm r 7 C= O -f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ?t r mrrt. , •''" Plaintiff, No. 22_2,99 VERSUS VICKI L. RFRIUM Defendant. DECREE IN DIVORCE AND NOW,___ at de" 13AN G + T , IT IS ORDERED AND DECREED THAT Jeffrey L Rhoades PLAINTIFF, AND ViCki T.- Rh,vA.... ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JEFFREY L. RHOADES, ) Plaintiff, ) VS. ) No. 2002-2199 VICKI L. RHOADES, ) CIVIL TERM Defendant. ) IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER DEC 10 This Order is intended to be a qualified domestic relations order ("QDRO"), as that term is defined in section 206(d) of the Employee Retirement Income Security Act of 1974 ("ERISA" and section 414(p) of the Internal Revenue Code of 1986 ("Code"). This Order is granted in accordance with 23 Pa.C.S.A. §3502, which relates to marital property rights, between spouses and former spouses in matrimonial cases. SECTION 1. IDENTIFICATION OF PLAN This Order applies to benefits under Bethlehem Steel Corp. Pension Plan ("Plan"). The Pension Benefit Guaranty Corporation ("PBGC") is trustee of the Plan. The address of the PBGC is PBGC QDRO Coordinator, F.O. Box 151750, Alexandria, VA 22315-1750. SECTION 2. IDENTIFICATION OF PARTICIPANT AND ALTERNATE PAYEE a. Jeffrey L. Rhoades is hereafter referred to as the "Participant." The Participant's mailing address is 192 19th Street, New Florence, Pennsylvania, 15944. The Participant's social security number is 194-40-9867. The Participant is not receiving, benefits from the PBGC with respect to this plan. b. Vicki L. Rhoades is hereafter referred to as the "Alternate Payee." The Alternate Payee's mailing address is 828 Meadow Lane, Camp Hill, Pennsylvania. The Alternate 'Payee's social security number is 248-11-9183. The Alternate Payee is the former spouse of the Participant. SECTION 3. AMOUNT OF BENEFIT TO BE PAID TO THE ALTERNATE PAYEE Starting at the time specified in section 5, PBGC shall pay to the Alternate Payee: 186 months (9-13-85 date of marriage through 6-30-01 date of separation) 335 months (7-10-74 date of hire through 5-31-03 date of vol. layoff) x 50% or 27.76 % of each of the Participant's monthly benefit payments. SECTION 4. PBGC BENEFIT LIMITATIONS If PBGC adjusts the Participants benefits after PBGC approves this Order, any reductions shall be applied by decreasing pro rate the Participant's and the Alternate Payee's benefits, and any increase shall be applied by increasing pro rata Participant's and the Alternate Payee's benefits. SECTION 5. BENEFITS START PBGC shall start payments to the Alternate Payee when PBGC starts payments to the Participant. Payment shall not be made until the Alternate Payee submits an application to PBGC, and payments shall not start earlier than the date Participant starts payments. SECTION 6. FORM OF BENEFIT PBGC shall pay the Alternate Payee the amounts specified in section 3 at the same time as the Participant's benefit is paid to the Participant. SECTION 7. BENEFITS STOP Except for any survivor benefits described in section 10, PBGC shall make payments to the Alternate Payee until the Participant's death. SECTION 8. DEATH OF PARTICIPANT Except for any survivor benefits described in section 10, if the Participant dies before the Alternate Payee, PBGC shall stop payments, if any, to the Alternate Payee as the first payment that would have followed the Participant's death. SECTION 9. DEATH OF ALTERNATE PAYEE If the Alternate Payee dies before the Participant, PBGC shall return the Participant's monthly benefit payments to the level that the Participant would be receiving bad there been no QDRO. SECTION 10. SPOUSAL RIGHTS OF FORMER SPOUSE AS TO ALTERNATE PAYEE a. PBGC shall treat the Alternate Payee as the Participant's spouse for purposes of the Participant's joint and survivor annuity. If the Alternate Payee shall be treated as the Participant's spouse, the Alternate Payee's right shall apply to the Plan's Automatic Form for Married Participant, Joint & Survivor 50% as elected by Exhibit to the parties property settlement agreement of the Participant's accrued benefit. b. PBGC shall treat the Alternate Payee as the Participant's spouse for the purposes of the Participant's pre-retirement survivor annuity. If the Alternate Payee shall be treated as the Participant's spouse, the Alternate Payee's right to the spousal pre-retirement survivor annuity shall apply to the Plan's Automatic Form for Married Participant, Joint & Survivor 50% as elected by Exhibit to the parties property settlement agreement of the Participant's accrued benefit. SECTION 11. COMPLIANCE WITH APPLICABLE LAWS The parties to this Order intend that it comply with the applicable provisions of ERISA and the Code. Nothing in this Order shall require PBGC: a. To pay any benefit not permitted under ERISA or the Code; b. To provide any type or form of benefit or any portion not provided by PBGC with respect to the plan; c. To pay total benefits with a value in excess of the value of the benefits the Participant would otherwise receive under Title IV or ERISA; or d. To pay benefits to the Alternate Payee that are required to be paid to another alternate payee under another QDRO that is in effect prior to this Order. SECTION 12. RESERVATION OF JURISDICTION The Court reserves jurisdiction to amend this Order to establish or maintain its status as a QDRO under ERISA and the Code, or to correct the Order to comply with the terms of the parties marital settlement agreement. IT IS SO ORDERED: Date: adki Judge Agreed by the Parties: /, /4a Jeffr oad , Plaintiff date: N ember 30, 2004 Ll0,L 0Vicki L. Rhoades, fendant date: 111151C)4 ?C' JEFFREY L. RHOADES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-2199 CIVIL TERM VICKI L. RHOADES, : CIVIL ACTION - LAW Defendant : IN DIVORCE PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT AND NOW, this ff day of August, 2008 comes the Petitioner Vicki L. Rhoades, by and through her attorney Joanne Harrison Clough, Esquire and files this Petition to Enforce Marital Settlement Agreement and in support there of avers as follows: Petitioner Vickie L. Rhoades is an adult individual who currently resides at 828 Meadow Lane, Camp Hill, PA 17011. 2. Respondent Jeffrey L. Rhoades is an adult individual who's last known address was 192 19`h Street, New Florence, PA 15944. 3. The parties entered in to a comprehensive Marital Settlement Agreement which was executed by both parties on July 23, 04 and was incorporated by reference but not merged into the parties Divorce Decree which was issued on August 4, 2004 at 11:43 a.m. The terms of the Marital Settlement Agreement incorporated but not merged into the Divorce Decree. A true and correct copy of said Divorce Decree and Settlement Agreement are attached hereto, made part of and are incorporated by reference as Petitioner/Plaintiff s Exhibit No. 1. 4. Paragraph 10 of the July 23, 2004 on record Settlement Agreement entered at the Divorce Master's office specifically provides that: "Husband agrees to provide Zachary (Rhoades) with $4,100.00 for the first year of college and agrees to provide Sarah-Anne (Rhoades) the $4,100.00 for her first year of college". 5. Zachary Rhoades was accepted, enrolled in, and attended Virginia Military (VMI)Institute in Lexington, Virginia, from August of 2007 through May 16, 2008. He successfully completed his first year at VMI and will be returning for his second year in August of 2008. 6. Jeffrey Rhoades failed to provide Zachary with the $4,100.00 for his first year of college in direct violation of the terms of the parties Marital Settlement Agreement. 7. Sarah-Anne Rhoades graduated from Cumberland Valley High School in June of 2008 and she has been accepted and enrolled in St. Anselm College in Manchester, New Hampshire, but has only received a partial financial aid package. 8. Counsel for Petitioner and Sarah-Anne Rhoades contacted Jeffrey Rhoades in June of 2008 requesting that he comply with the terms of the Marital Settlement Agreement entered of Record before the Divorce Master on July 23, 2004 and forward the $4,100.00 for Sarah-Anne's first year of college immediately to St. Anselm College or to Sarah-Anne Rhoades but Jeffrey Rhoades has failed and refused to forward said monies. 9. Counsel for Petitioner also requested Jeffrey Rhoades immediately comply with his obligation to provide Zachary with the $4,100.00 that he was to provide during his first academic year of college but Jeffrey Rhoades has failed and refused to do so. 10. Petitioner is a teacher's aide with Cumberland Valley School District and does not have the financial resources to "cover" Respondent Jeffrey Rhoades' financial obligations as set forth in the Marital Settlement Agreement to contribute said $8,200.00 to his children for college. 11. Petitioner Vicki Rhoades waived her right to receive alimony in this divorce action in the terms of the Settlement Agreement in exchange for Respondent Jeffrey Rhoades' agreement to provide said $4,100.00 for Zachary and $4,100.00 for Sarah-Anne for first year of college for both. 12. Despite repeated demand by Petitioner and Petitioner's counsel Respondent has repeatedly failed and refused to provide said sums of monies. 13. Petitioner Vicki Rhoades has incurred counsel fees, costs and expenses in the amount of $ 750.00 as a direct result of Respondent's breach of the terms of the parties' settlement agreement and claim is made therefore. 14. Respondent Jeffrey Rhoades does not concur with this Petition. 15. No Judge has been previously assigned to this case. WHEREFORE, Petitioner Vicki L. Rhoades respectfully requests by and through her attorney, that Jeffrey Rhoades be ordered immediately to forward said $4,100.00 to Sarah- Anne Rhoades or to St. Anselm College so that her admission to said college is not jeopardized and that Jeffrey L. Rhoades be ordered to tender directly to Zachary Rhoades the sum of $4,100.00 for his first year of college. Respectfully Submitted, JOANNE HARRISON CLOUGH ESQUIRE Jo a Harrison Clough, Esquire Attorney ID No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Petitioner Vicki L. Rhoades VERIFICATION I, Vicki L. Rhoades, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn verification to authorities. DATE: Vicki L. Rhoades Plaintiff, VERSUS VICKI L. FMMM, Defendant. N O . 02-2199 DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT Jeffrey L. Rhoades , PLAINTIFF, AND Vicki L. Rhoades DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marital Settlement Agreement dated July 23, 2004 is incorlated but not merged into this Decree. BY Irr The Court Of Common Pleas`df Cumberland County Prothonotary's Office RHOADES VICKI L 828 MEADOW LANE CAMP HILL PA 17011 RHOADES JEFFREY L Plaintiff ** VERSUS ** RHOADES VICKI L Defendant Live,? a ? -Trr- ?.t ?t L . •..rrrrrrrrr.rrrr.rr You are hereby notified that a Decree in Divorce was entered in the above captioned case on August 04, 2004. This letter should not be used in place of the actual Decree. If you desire a certified copy of this Decree, you can obtain the same by coming into our office. Please bring this letter with you. The fee is 9.00 cash or money order. If request is made by mail, please enclose .00 for the certified copy of Decree. Also, do not forget to indicate Civil Action No. on your request. Civil Action No.: 2002-02199 S' erely P of ono ry JEFFREY L. RHOADES, Plaintiff VS. VICKI L. RHOADES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 2199 CIVIL IN DIVORCE THE MASTER: Today is Friday, July 23, 2004. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Jeffrey L. Rhoades, and his counsel Michael S. Travis, and the Defendant, Vicki L. Rhoades, and her counsel Joanne Harrison Clough. A complaint in divorce was filed on May 3, 2002, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. Counsel and the parties have provided the Master with signed affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The Master's office will file the affidavits and waivers with the Prothonotary. The complaint raised the economic claim of equitable distribution; on April 6, 2004, the wife filed a petition on her behalf raising additional economic claims of alimony, alimony pendente lite and counsel fees and expenses. The Master has been advised that after negotiations this morning that the parties have reached an 1 0 0 agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties and counsel are going to return later this morning to review the transcribed agreement for typographical errors, make any corrections as necessary, then affix their signatures affirming the terms of settlement as stated on the record. In any event, the parties are bound by the terms of the agreement as stated on the record when they leave the hearing room even though there is no subsequent signing of the document affirming the terms of settlement. Upon receipt by the Master of a completed agreement the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on September 13, 1986, and stipulated that the separation occurred June 2001. MS. CLOUGH: Excuse me. You said the date of marriage was '86, it is an error in the record. They were married in 1985. 2 THE MASTER: The parties are the parents of three children, the oldest child resides with the father and the younger two children reside with the mother. Ms. Clough. MS. CLOUGH: 1. The parties acknowledge that they have a marital residence located at 828 Meadow Lane, Camp Hill, Pennsylvania. Husband and wife agree that husband shall transfer any and all right, title and interest he has in the marital residence to wife as part of her share of equitable distribution of the marital estate. Wife's counsel shall prepare a deed conveying husband's interest in the marital residence to wife and husband shall sign the deed transferring the marital residence to wife within thirty (30) days from the date of the presentation of the deed to husband's counsel. Wife agrees to indemnify and hold husband harmless for any debt associated with the real estate including the first and second mortgages in favor of Columbia Mortgage and PNC Bank and wife further agrees to be responsible for all maintenance, utilities, taxes or other claims for the property once this agreement has been executed. 2. Husband and wife further acknowledge that husband has a 401(k) currently on deposit with Vanguard which is the 401(k) retirement account from his previously employment in Bethlehem Steel. Husband acknowledges that he received as part of his share of equitable distribution one,withdrawal from said account in the amount of $10,000.00 and believes he may also have had an earlier withdrawal of approximately $5,000.00 Husband and wife further agree that the current balance of the 401(k) account is approximately $33,000.00 as set forth on the statement provided by husband's counsel to wife's counsel in the month of July 2004. The parties agree that husband shall retain the sum of $5,000.00 in the 401(k) as part of his share of equitable distribution. The remaining balance of approximately $28,000.00 in its entirety shall be transferred via a roll over from husband's 401(k) retirement to wife. Wife is accepting the roll over from the 401(k) account as part of her share in equitable distribution and in lieu of pursuing her alimony claim 3 against husband. • The parties anticipate that this 401(k) can be rolled over by either presenting a certified copy of the settlement agreement and divorce decree to the plan administrator or by a formal QDRO. In any event, it is the specific intent of the parties that the account be transferred from husband to wife with no cashing in of the account and no tax consequence, that the retirement be segregated by the Court and rolled over to wife's name. 3. The parties agree that upon the date of entry of final divorce decree husband's support obligation and mortgage contribution to wife shall cease and shall cease from that date forward and there shall be no alimony due and payable from husband to wife. 4. The parties acknowledge that wife has two small retirement accounts through her employment with Cumberland Valley School District. The parties further agree that wife shall receive 100% of the retirement accounts as part of her share of equitable distribution of the marital estate. 5. The parties acknowledge that husband had a retirement pension plan with Bethlehem Steel which is currently under control of the United States Pension Guaranty Board and that the portion of said pension accrued from September 13, 1985 (date of marriage) through June 30, 2001 (date of separation) is marital property subject to equitable distribution. The parties further agree that wife shall receive 50% of the marital share of said pension via a QDRO to be prepared at husband's expense. The parties further agree that husband shall select the survivor benefit option if available to preserve wife's share of the marital portion of the retirement benefits. Wife's share shall be determined by a coverture fraction formula as follows: 186 months (9/13/85 through 6/30/01) over the total months employed at Bethlehem Steel times the monthly retirement benefit times 50% equals wife's share. Husband and his counsel shall prepare the draft QDRO order and the parties shall have it pre-approved by the plan administrator before submitting the proposed QDRO to the Court. Husband shall provide the draft QDRO order to wife's counsel within thirty (30) days of the date of the signing of this agreement. The parties are attaching as an Exhibit to this agreement a retirement estimate statement from PBGC bearing a preparation date on the bottom of the document of June 25, 2004, which indicates different benefit forms of 4 0 0 participant benefits. The parties are intending to select the married participant joint and survivor 50% option where the participant's benefit is listed as $933.12 and the survivor's benefit is listed as $466.56. 6. The parties further agree that wife shall retain the remainder of the personal property at the marital residence as part of her share of equitable distribution and that husband shall retain all of the marital personal property in his possession as part of his share of equitable distribution with the following exceptions: currently in husband's possession. These items shall be delivered to wife within thirty (30) days of the date of the divorce decree. In addition husband will return to wife some of her personal property that is still stored in New Florence including her year books and other personal memorabilia. Wife further agrees that if she locates the Maxfield Parish poster she well return it to husband. Husband shall return to wife the Turkish rug given to her by her parents and the child's cradle which are The parties further agree and acknowledge that husband's mother Helen Rhoades has some crystal goblets and/or glasses which she entrusted to Vicki Rhoades to be passed on to Sarah-Anne Rhoades, the parties' minor daughter. Wife agrees to do an inventory of the crystal that she has at the marital residence and identify that brand or type of crystal and provide this to husband. Wife further agrees to keep the crystal in her safe keeping as custodian for Sarah-Anne until Sarah-Anne is 24 or graduates from college at which time wife shall turn the crystal over to Sarah-Anne and the parties acknowledge that the crystal is Sarah-Anne's property. The parties further acknowledge that the minor children Zachary and Jonathan shall reach an agreement as to Jonathan's Cumberland Valley warmup lacrosse clothes and other items that Zachary has been using at the marital residence and that the boys shall determine who keeps these particular items. 7. The parties further agree that each will assume sole responsibility for any marital debt that each paid post separation as part of each parties' share of the marital debt obligation in the divorce action. 8. The parties further acknowledge that at some point during the marriage husband may have had a whole life insurance policy with Met Life Insurance Company. Husband 5 • • agrees that he is willing to transfer any and all right, title and interest he may have in that account if it has any value to wife and wife may retain that as part of her share of equitable distribution. Husband shall provide any information he has on the account, if it exists, within thirty (30) days of the signing of this agreement. 9. The parties agree that husband shall retain as part of his share of equitable distribution the 1998 Malibu automobile. The parties further acknowledge that he shall retain the MG vehicle he obtained prior to marriage and which was repaired during the marriage. 10. The parties acknowledge that during the course of the marriage they utilized funds that had previously been set aside for the children for college education. Husband and wife agree that in consideration of each party's desire to try to reestablish some of these account for the children's use for college education husband agrees to provide the sum of $4,100.00 for Zachary's college education and to supply the sum of $4,100.00 for Sarah-Anne's college education costs. The parties further acknowledge that there are some custodial accounts for Jonathan and acknowledge that wife is the custodian of those funds and that those funds shall be made available for Jonathan for his college education. Husband agrees to provide Zachary with $4,100.00 for his first year of college and agrees to provide Sarah-Anne the $4,100.00 for her first year of college. Wife shall provide to husband copies of statements of all of the children's educational accounts annually until said accounts are closed. 11. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or 6 advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. CLOUGH: Vicki, did you participate in the settlement conference here today at the Master's office? MS. RHOADES: Yes. MS. CLOUGH: And did you hear the settlement agreement that we just dictated and put on the record here today? MS. RHOADES: MS. CLOUGH: property is being distribut MS. RHOADES: MS. CLOUGH: that you are confused about right now? Yes. And did you understand what ed to each of you? Yes. And is there any part of that or have any questions about MS. RHOADES: I don't know. MS. CLOUGH: Well, you need to know. MS. RHOADES: Well, visually I need to see. THE MASTER: Do you want to go off the record here? MS. CLOUGH: Yes. (Whereupon, a discussion was held off the record.) MS. CLOUGH: Vicki, did you have an opportunity to fully understand the asset distribution and 7 financial obligations we have agreed to today? MS. RHOADES: Yes. MS. CLOUGH: And is it your intention to want to do that? MS. RHOADES: MS. CLOUGH: for about a year and a half MS. RHOADES: MS. CLOUGH: my representation? MS. RHOADES: MS. CLOUGH: opportunity to come back th can resolve this case? MS. RHOADES: THE MASTER: MR. TRAVIS: terms of this agreement? MR. RHOADES: MR. TRAVIS: Yes. And have I been representing you to two years? Yes. And have you been satisfied with Yes, I have. Thank you. And you want to have an is morning and sign this so you Yes. Mr. Travis. Mr. Rhoades, have you heard the Yes. Do you understand the terms of this agreement? MR. RHOADES: Yes. MR. TRAVIS: Do you understand that after you leave here today the terms of this agreement are not modifiable? 8 • • MR. RHOADES: Yes. MR. TRAVIS: Do you have any questions? MR. RHOADES: No. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: 41arra-617S- Travis Attorney for Plaintiff DATE: 0 7 z o e ey J. Rhoades A zk-, ?- C Joanne Harr' n C ugh Vicki L. Rhoa s Attorney fo Defendant 9 Retirement Estimate Plan Name: BETHLEHEM STEEL CORP. PENSION PLAN Plan Number: 19660300 Participant: RHOADES,JEFFREY L SSN: 194-40-9867 Date of Birth: February 9,1951 Pension Benefits Beginning: March 1, 2011 Ranafif Fnrrn • Beneficiary: VICKI RHOADES Data of Birth: February 5, 1956 Beneficiary Type: Spouse A: Plan's Automatic Form for Unmarried Participant: Straight Life Annuity $1,085.02 None B: Plan's Automatic Form for Married Participant: Joint l Survivor - 50% $933,12 $466.56 Q Straight Life Annuity $1,085.02 None D: Joint-and-50% Survivor Annuity $933.12 $466.56 E: Joint-and-75% Survivor Annuity $896.01 $672.01 F: Joint-and-100% Survivor Annuity $861.73 $861.73 G: Joint-and-50% Survivor "Pop-up" Annuity ff ute bsrtarttsary a., f1wA the participant's benefit increases to ft amount shown in Line C. $919.25 $459.63 H: 5-year Certain-and-Continuous Annuity $1,078.26 $1,078.26 I: 10-year Certain-and-Continuous Annuity $1,058.41 $1,058.41 J: 15-year Certain-and-Continuous Annuity $1,027.00 $1,027.00 Please read the information about your benefit choices that PBGC has provided with your application. Some optional annuity forms offered by PBGC may be identical to your plan's automatic annuity forms. Prepared by: Chelsea Biskup Dated Prepared: 06/25/2004 VERIFICATION I, Vicki L. Rhoades, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn verification to authorities. DATE: 7 I U /Dff Vicki L. Rhoades CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document by United States First Class Mail to the following individuals set forth below: Jeffrey L. Rhoades 192 19th Street New Florence, PA 15944 Michael S. Travis, Esquire 3904 Trindle Road Camp Hill, PA 17011 Date: Jl 0 J AAM. / ?Yfll )S anne H son Clough, s ire Attorney ID No. 36461 3 820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Petitioner Vicki L. Rhoades w _ G'? tit ? 4ti L_1 f?Y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ) JEFFREY L. RHOADES ) NO. 02-2199 Plaintiff ) vs ) VICKI L. RHOADES ) Defendant ) SUGGESTION OF NON-REPRESENTATION The office of the below signed counsel no longer represents the Plaintiff in the above matter. Please remove this office from the ding list for this case. Ok6letcf ravis 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 mst@mtravislaw.com Date: oGslv IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: JEFFREY L. RHOADES ) NO. 02-2199 Plaintiff ) vs ) VICKI L. RHOADES ) Defendant ) CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served on the below persons by first class U.S. Mail, postage prepaid: Joanne H. Clough, Esquire 3820 Market Street Camp Hill, PA 17011 Jeffrey L. Rhoades 192 19th Street New Florence, PA 15944 f 14K Jyuf+ I IIIILI IC nuttu Camp Hill, PA 17011 ? na 1='yi 521 A4 . JEFFREY L. RHOADES, Plaintiff v. VICKI L. RHOADES, Defendant AND NOW, this 4*0 2008, upon review of the attached Stipulation of Parties for Entry of Order in Lieu of Hearing on Petition to Enforce Marital Settlement Agreement, said Stipulation is adopted as an Order of Court. Jeffrey L. Rhoads is ordered to pay the sum of $ 8,200.00 to Petitioner Vicki L. Rhoads for a support obligation for Sarah-Anne Rhoades and Zachary Rhoades that he owes in accordance with the terms of the parties' Marital Settlement Agreement. Cumberland County Domestic Relations Office is hereby directed to issue a wage attachment to Respondent Jeffrey L. Rhoades' employer in the amount of One Hundred Dollars ($ 100.00) per week and collect said support monies until Jeffrey L. Rhoades' obligation of $ 8,200.00 as set forth in the parties' Marital Settlement Agreement is paid in full to Petitioner Vicki L. Rhoades. THE CO RT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2199 CIVIL TERM - CIVIL ACTION - LAW IN DIVORCE ORDER day of 60 J. -??y 9-m. C-!'---7wTd J<v - wipiElq, e 91 t? ? X30 adoz 1* ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 02-2199 CIVIL State Commonwealth of Pennsylvania (D Original Order/Notice Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 10/08/08 OTerminateOrder/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice RE: RHOADES, JEFFREY L. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 194-40-9867 Employee/Obligor's Social Security Number SAINT-GOBAIN ADVANCED CERAMICS 5863100712 1401 E LACKAWANNA AVE Employee/Obligor's Case Identifier OLYPHANT PA 18447-2152 (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of PennsylvaniBy law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ 433.34 per month in past-due child support Arrears 12 !weeks or greater? (g) yes O no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ o . oo per month in current spousal support $ o . oo per month in past-due spousal support $ 0.00 per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 433.34 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how Much to withhold: $ 100.00 _ per weekly pay period. $ 216.67 per semimonthly pay period 200.00 , (twice a month) $ per biweekly pay period (every two weeks) $ 4$3.34 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than Ithe first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. $ 4374(b)) to remit by electr Inic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Emplo?j er Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisb rg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME N SES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURI MBER / RDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: ; EDWARD E.I GUIDO, JUDGE Form EN-028 Rev. 4 Service Type M OMB No.: 0970.0154 Worker I D $ IATT 0•* 433.34X 12 + 52+ a 100.00* 433.34)1 12•+ 26' 2 200.00* ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If heck you are required to provide a opy of this form to your mployeie. If yo r employee orks in a state that is d iferent from the state that issued this order, a copy must be provi?ed to your employee even if tie box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one emooyeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Orde0otice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 131.7805100 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : ED THE EMPLdYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: RHOADES, JEFFREY L. EMPLOYEE'S CASE IDENTIFIER: 5863100712 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum 'payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 112 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State odder, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 4 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: RHOADES, JEFFREY L. PACSES Case Number 276103115 Plaintiff Name VICKI L. RHOADES Docket Attachment Amount 02-2199 CIVIL$ 433.34 Child(ren)'s Name(s): DOB ZACHARY G. RHOADES 06/27/88 SARAH A. RH'D' At785 09 t:1?f8.9 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M Addendum OMB No.: 0970-0154 PACSES Czse Number Plaintiff N me Docket Attachment Amount $ 0.00 Child(ren?'s Name(s): DOB Form EN-028 Rev. 4 Worker I D $ IATT C't r? t_F co {