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HomeMy WebLinkAbout06-6571 MICHAEL RADICH, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0(. - I.cS~1 C u; L ~etL"'1 JENNIFER BEARD KLEIN, DEFENDANT CIVIL ACTION - 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 for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing of business before the Court. 1- . SMIGEL, ANDERSON & SACKS, LLP Ann V, Levin, Esquire ID #70259 4431 North Front Street, 3'd FIr. Harrisburg, PA 17110-1778 (717) 234-2401 i!1!;yjt}@,5~,5)JIL9.Qm Attorney for Plaintiff MICHAEL RADICH, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01- -I-S1( (3.;, L <-r~ JENNIFER BEARD KLEIN, DEFENDANT CIVIL ACTION - DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Michael Radich, by and through his attorneys, SMIGEL, ANDERSON & SACKS, LLP, and represents as follows: COUNT I DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Michael Radich, who currently resides at 6 Pamela Place, Mechanicsburg, Cumberland County, Pennsylvania 17050 and has resided there since 1984. 2. Plaintiffs Social Security No. isI98-50-2914. . 3. Defendant is Jennifer Beard Klein, who currently resides at 43 Drexel Place, New Cumberland, Cumberland County, Pennsylvania 17070 and has resided there since on or about July 5, 2006. 4. Defendant's Social Security No. is 191-40-9993. 5. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 6. The Plaintiff and Defendant were married on May 1, 2003, at Mt. Holly Springs, Pennsylvania. 7. There have been no prior actions of divorce or for annulment between the parties. 8. The marriage is irretrievably broken. 9. 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. 10. Plaintiff avers that there are no children of the parties under the age of 18. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. SMIGEL, ANDERSON & SACKS, LLP Date: II -ltJ~ 0-6 By: L l/ ~3.) Ann V. Levin, Esquire I.D.#: 70259 4431 North Front Street Harrisburg, PAl 711 0 (717) 234-2401 Attorney for Plaintiff ... VERIFICATION I, Michael Radich, verify that the statements contained in the foregoing pleading are tmc and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: Iller /O{, I ' ~~ ,Michael Radich i >l ~ ""-.. ~ "'- "'- C/) i"';.~ ~ f' 0 C> c:::.n -n ~ ~ ~. -'" .-\ Q .,--... ::r < ..-;<..- rn ~ 0 ~ --- ...- - -;..... ~ _.. :;:-!JJo :n -. .< ---- ... . - SMIGEL, ANDERSON & SACKS, LLP Ann V, Levin, Esquire ID #70259 4431 North Front Street, 3rd Fir, Harrisburg,PA 17110-1778 (717) 234-2401 alevin((iisasllp,com Attorney for Plaintiff MICHAEL RADICH, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-6571 CIVIL TERM JENNIFER BEARD KLEIN, DEFENDANT CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE I, Debra Denison Cantor, counsel for Defendant, accept service of the Complaint Under Section 3301(c) or 3301(d) of the Divorce Code on behalf of Defendant and certify that I am authorized to do so. MCNEES, WALLACE & NURlCK Date:~20 )DU o c ~ \:.1 rc qJD ~~. ~C'.~ ~e 2.- ~.:< , .'V ....., c::::> = d'" :z:: o -< N "" -0 :Jt ~ U1 U1 o -n ~ nl:!J :88 oJ. ~o :r:=H 0"'" 7"0 --m ~ 55 -< , ., " . MARITAL SETTLEMENT AGREEMENT i THIS AGREEMENT made thl~ of ~007, bJ JENNIFER B. KLEIN, 43 Drexel Place, New Cumberland, cumberlkd count)!, Pennsylvania (hereinafter referred to as "Wife"), and MICHAEL P. RADICH, 6 P mela nd between Place, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referre~ 0 as I "Husband"), WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawf~1 y married I I i on May 1, 2003 in Boiling Springs, Pennsylvania; WHEREAS, the parties hereto separated on July 11, 2006; WHEREAS, the parties hereto are desirous of settling fully and finally the r respective financial and property rights and obligations as between each other,! i eluding, i I without limitation, the settling of all matters between them relating to the ownerf ip of real and personal property, and in general, the settling of any and all claims and po~ ible claims by one against the other or against their respective estates. AND NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good nd valuable consideration, receipt and sufficiency of which is hereby aCknOwledge~ by each of I the parties hereto, Husband and Wife, each intending to be legally bound here~ ,covenant and agree as follows: I 1. ADVICE OF COUNSEL. The provisions of this Agreement and t~ ir legal ! effect have been fully explained to the parties by their respective counsel, Debr6 D. Cantor, I i Esquire, of McNees Wallace & Nurick LLC, for Wife, and Ann Levin, Esquire, o~ migel, I I I I I Anderson & Sacks, LLP, for Husband. Each party acknowledges that he or shf has I received independent legal advice from counsel of his or her selection, and that :;ach fully I understands the facts and has been fully informed as to his or her legal rights ar d obligations, and each party acknowledges and accepts that this Agreement is, lir the i I circumstances, fair and equitable, and that it is being entered into freely and vqlt ntarily, , after having received such advice and with such knowledge, and that executio~ Jf this I i Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party here~o I i acknowledges that he or she has been fully advised by his or her respective at~o ney of the I impact of the Pennsylvania Divorce Code, whereby the court has the right and ~ .lty to ! I determine all marital rights of the parties including divorce, alimony, alimony pdn jente lite, ! equitable distribution of all marital property or property owned or possessed in~i\ idually by I the other, counsel fees and costs of litigation and, fully knowing the same and ~E ing fully advised of his or her rights thereunder, each party hereto still desires to execut~ his i i Agreement, acknowledging that the terms and conditions set forth herein are fair just and equitable to each of the parties, and waives his and her respective right to hav~ he Court of i I Common Pleas of Cumberland County, or any other court of competent jurisdi~ti )n, make any determination or order affecting the respective parties' rights to a divorce, qli 110ny, alimony pendente lite, equitable distribution of all marital property, counsel feeS c nd costs of litigation. 2, DISCLOSURE OF ASSETS. Each of the parties hereto acknowl~ ges that i I he or she is aware of his or her right to seek discovery, including but not limited! t), written interrogatories, motions for production of documents, the taking of oral depositi~ s, the filing -2- , of inventories, and all other means of discovery permitted under the Pennsylv~n a Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties furthe~ acknowledges that he or she has discussed with counsel the concept of marit~1 )roperty under Pennsylvania law and each is aware of his or her right to have the real an jfor personal property, estate and assets, earnings and income of the other assesSie j or evaluated by the court of this Commonwealth or any other court of competent ju isdiction. Husband and Wife represent and warrant that each has disclosed to the other In full his or her respective assets, liabilities and income and that this Agreement was negoti ted and entered into on the basis of those disclosures. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable ande quitable and is satisfactory to them. The remedies available to either party for breach or violation of this provision shall be those remedies available pursuant to law and equity. Eck h party retains the right to assert a claim against the other for failure to fully and fairly di close his or her income, assets and liabilities, if it is later determined that there has been! c failure to disclose, including but not limited to a claim of constructive trust. 3. PERSONAL RIGHTS, Husband and Wife may and shall, at all tilT es hereafter, live separate and apart. Each shall be free from all control, restraint,: i lterference and authority, direct or indirect, by the other in all respects as fully as if he or S~E were unmarried. Each may reside at such place or places as he or she may select. IE ach may, for his or her separate use or benefit, conduct, carry on or engage in any businl:l s, occupation, profession or employment which to him or her may seem advisabl~. This provision shall not be taken, however, to be an admission on the part of either ~ sband or Wife of the lawfulness of the cause that led to, or resulted in, the continuation df heir living -3- apart. Husband and Wife shall not molest, harass, disturb or malign each oth~r or the respective families of each other, nor compel or attempt to compel the other to! ( ohabit or dwell by any means or in any manner whatsoever with him or her. Neither parh will interfere with the use, ownership, enjoyment or disposition of any property novJ wned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. Husband has filed an action fdr jivorce in Cumberland County, Pennsylvania filed to No. 06-6571. Said action shall be lin ited to divorce and neither party may assert any ancillary economic claims otherwise ~ thorized by the Divorce Code, which are specifically waived by the terms of this Agreemenlt. Counsel I for each party shall execute a Praecipe withdrawing all such ancillary claims n~\ ,/ pending of i record at or prior to the execution of this Agreement. The parties agree that e~( h shall sign and have duly acknowledged an Affidavit of Consent to a divorce and a Waiver f Notice I upon the expiration of the gO-day waiting period. Said Affidavits and Waivers $t all be promptly transmitted to counsel for Husband who will promptly file a Praecipe to Transmit ! Record and Vital Statistics form to precipitate the prompt entry of a decree of di\ orce. 5. EQUITABLE DISTRIBUTION. 5.1, Real Property. 5.1.1. The parties acknowledge that Husband is the own~ of that certain house and lot and all improvements thereupon situated at 6 Pamela PI,c e Mechanicsburg, Cumberland County, Pennsylvania. Husband shall remain in it is property and Wife waives all right, title and interest in the residence. , 5.1.2. The parties acknowledge that Wife is the owner ofi t at certain house and lot and all improvements thereupon situated at 43 Drexel Place, Ne~ -4- Cumberland, Pennsylvania. Wife shall remain in this property and Husband wai es all right, title and interest in the residence. 5.2. Personal Property. 5.2.1. Husband shall and does hereby set over, transfer al d assign to Wife all of his right, title, claim and interest in and to all of the contents of Wife's esidence, including but not necessarily limited to all furniture, furnishings, rugs, carpets, ho Jsehold appliances and equipment, clothes, jewelry, personalty and other items of tangib e property of whatever nature currently located in said residence as well as other jewelry ar d personal property in Wife's possession as of the date of this Agreement. 5,2.2. Wife shall and does hereby set over, transfer and a~ sign to Husband all of her right, title and interest in and to all of the contents of Husband s residence, including but not necessarily limited to all furniture, furnishings, rugs~ arpets, household appliances and equipment, clothes, jewelry, personalty and other itein s of tangible property of whatever nature currently located in the said residence, as Iv ell as other jewelry and personal property in Husband's possession as of the date of this AQjr ~ement. 5.2.3. The parties hereto mutually agree that they have di\l ded all remaining personal property between them and that each party shall set over, th: nsfer and assign to the other all of the right, title and interest in said property. 5.2.4. Bank Accounts, Wife is the owner of a PSECU saVi gs, checking and money market accounts. Husband does hereby set over, transfer nd assign to Wife all interest in the PSECU savings, checking and money market account~. Husband is the owner of a Members 151 savings, checking and money market account. Wi e does -5- 5.3. Retirement and Investment Accounts. hereby set over, transfer and assign to Husband all interest in the Members 151 checking and money market accounts. The parties were owners of joint Members 151 savings and checKi Wife shall retain these accounts and Husband does hereby set over, transfer a Wife his interest in these joint accounts. 5.2,5. Vehicles. Husband is the owner of a 1996 Hondai I a 1986 Ford Econoline. Wife does hereby set over, transfer and assign to Hu$ and all of her right, title, claim and interest in the 1996 Honda Odyssey and 198 Ford Econoline. Wife owns a 1998 Saturn SL2. Husband does hereby set over, tr~n fer and assign to Wife any all of his right, title, claim and interest in the 1998 Saturn slL 5.3.1. Husband's Retirement Accounts. Husband is the io ner of an FERS retirement account and a TSP retirement account. Husband shall retain hese , I retirement accounts and Wife does hereby set over, transfer and assign to Hut and any and all of her right, title, claim and interest in these accounts. Husband is the wner of a I I Members 1st Roth IRA. Husband shall transfer to Wife's IRA an amount of $2,~ O. Husband shall prepare and provide all documentation necessary to affect the r Ilover into I Wife's Pershing IRA via a check made payable to ANTe Roth IRA FBO Jennife B. Klein. Wife does hereby set over, transfer and assign to Husband any remaining intdr st in his , Roth IRA after this transfer. Husband shall cooperate fully and execute all nee I I documents to affect this transfer within 60 days of the entry of the divorce decr . Should Husband fail to do so, interest shall accrue at a rate of 10% per annum. -6- 5.3.2. Wife's Retirement Accounts. Wife is the owner of a Perstili g IRA, AIM Roth IRA, Hartford Annuity, a FERS and TSP retirement accounts, Wife shall t tain said accounts and HLisb~mcfaoes hereby set over, transfer and assign to Wife any ~ d all of her ! right, title, claim and interest in any of Wife's retirement funds. ! 5.4. Debt. The parties have no joint debt. Wife agrees to be $ ! responsible for the payment of all debt in her individual name and shall indem~i Husband harmless from such debt. Husband agrees to be solely responsible ~o I payment of all debt in his individual name and shall indemnify and hold Wife hcllr less from such debt. 5.5. Investments. Wife is the owner of an EV Mutual Fund and an EV Tax Management account. Husband does hereby set over, transfer and assign to ife any and all of his right, title, claim and interest in Wife's EV Mutual Fund and Tax Manag ment account. 5.6. Cash Payment. Husband has paid to Wife the sum of $$, 00 to effect equitable distribution. 5.7. Property of Wife. The parties agree that Wife shall own, p ssess, and enjoy, free from any claim of Husband, the property awarded to her by the term of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all suc~ roperty, , and waives and relinquishes any and all rights thereto, together with any insur~ ce policies covering that property, and any escrow accounts relating to that property. Thi~ greement ! shall constitute a sufficient bill of sale to evidence the transfer of any and all ri~ property from Husband to Wife, -7- 5.8. Property of Husband. The parties agree that Husband sha I own, possess, and enjoy, free from any claim of Wife, the property awarded to him 11 the terms , of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with ~ y insurance policies covering that property, and any escrow accounts relating to it at property. i This Agreement shall constitute a sufficient bill of sale to evidence the transfer!o any and all rights in such property from Wife to Husband. 5.9, Assumption of Encumbrances. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all tl'\ property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any dl 1m or party warrants that all dues, fees, assessments, mortgages, taxes, insurance p yments and liability that the other party will suffer or may be required to pay because of sud: debts, I encumbrances or liens. Each party in possession of property to be awarded to the like attendant to such property are current, or if not current, notice of any ar arage or deficiency has been given to the receiving party prior to the execution of this pJg eement. 5.10. Taxes. By this Agreement, the parties have intended to e ectuate and equitably divide their marital property. The parties have determined that such d vision conforms to a right and just standard with regard to the rights of each party. E!x ept as may be otherwise expressly provided herein, the division of existing marital property is not I intended by the parties to constitute in any way a sale or exchange of assets, a d the i division is being effected without the introduction of outside funds or other pro~ rty not constituting a part of the marital estate. As a part of the division of the maritallp operty and -8- the marital settlement herein contained, each party shall receive each item of pr pertyat the tax basis that existed for the item immediately before the execution of this A reement, , and that this Agreement is not intended to affect the tax basis or tax status for ~ e property received by the party. The parties agree to save and hold each other harmless rom all , income taxes assessed against the other resulting from the division of the prop herein provided. The parties acknowledge that they have filed various joint inconie tax returns during the course of their marriage. In filing each such return, each party has t lied exclusively upon the other party to provide truthful and accurate information rei ting to the other party's employment income, business income or deductions, or income f1r m any other source. In the event that any additional taxes, penalties or interest are assesse as a result of any such joint return, the party responsible for under-reporting income or clJi ing any improper deduction shall indemnify and save the other party harmless from sue tax liability, penalties, interest, attorney's fees or accountant's fees. For calendar year 2006, each party shall file a separate return. 5,11. Liabilitv Not Listed. Each party represents and warrants t the other I that he or she has not incurred any debt, obligation or other liability, other tharl ose , described in this Agreement, on which the party is or may be liable. A liability h t disclosed i in this Agreement will be the sole responsibility of the party who has incurred dr may hereafter incur it, and each party agrees to pay it as the same shall become d~ ,and to indemnify and hold the other party and his or her property harmless from any a debts, obligations and liabilities. -9- 5.12. Indemnification of Wife, If any claim, action or proceedin!ll s hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Hu~ and under this Agreement, Husband will, at his sole expense, defend Wife against any sue claim, action or proceeding, whether or not well-founded, and indemnify her and her pr 5.13, Indemnification of Husband, If any claim, action or procee against any damages or loss resulting therefrom, including, but not limited to, do ts of court and attorney's fees incurred by Wife in connection therewith. hereafter initiated seeking to hold Husband liable for the debts or obligations a$ umed by Wife under this Agreement, Wife will, at her sole expense, defend Husband agai such claim, action or proceeding, whether or not well-founded, and indemnify Hi and his property against any damages or loss resulting therefrom, including, but not limi of court and attorney's fees incurred by Husband in connection therewith. 5.14, Warranty as to Future Obliqations. Except as set forth in t Agreement, Husband and Wife each represents and warrants to the other that h or she has not in the past or will not at any time in the future incur or contract any debt, harge or liability for which the other, the other's legal representatives, property or estate responsible. From the date of execution of this Agreement, each party shall us~ only those credit cards and accounts for which that party is individually liable and the parti~ agree to cooperate in closing any remaining accounts which provide for joint liability. E~ party hereby agrees to indemnify, save and hold the other and his or her property ha~ less from any liability, loss, cost or expense whatsoever incurred in the event of breach he eot. 5.15. Release of Claims. Wife and Husband acknowledge and a ree that the property dispositions provided for herein constitute an equitable distribution f their I I -10- assets and liabilities pursuant to Section 3502 of the Divorce Code. Wife and ~ hereby waive any right to division of their property except as provided for in this greement. Furthermore, except as otherwise provided for in this Agreement, each of the p rties hereby specifically waives, releases, renounces and forever abandons any claim, right itle or interest whatsoever he or she may have in property transferred to the other part pursuant to this Agreement or identified in this Agreement as belonging to the other party and each party agrees never to assert any claim to said property or proceeds in the future The parties hereby expressly release and relinquish, each to the other, every claim) emand, right and interest he or she may have in or against the other, or against his or h restate, together with any income or earnings thereon, arising from and during the marri ge and of or from any other reason growing out of the marital relationship. However, nei~h r party is released or discharged from any obligation under this Agreement or any instrutn and enjoy independently of any claim or right of the other, all items of personal document executed pursuant to this Agreement. Husband and Wife shall here~ er own tangible or intangible, acquired by him or her from the date of execution of this reement with full power in him or her to dispose of the same as fully and effectively, in 8111 respects and for all purposes, as though he or she were unmarried. 6, MAil. Husband shall continue to forward any mail addressed tOI ife received at the marital residence to Wife, Husband shall do this for a period ofl (18) months. Said mail shall be provided concurrently with each alimony paYnle t. 7. ALIMONY/SPOUSAL SUPPORT/ALIMONY PENDENTE LITE, ~ ective December 1, 2006, Husband shall pay alimony in the amount of $792.00 per n10 th for eighteen (18) months, Husband will make these payments directly to Wife on ~r before the , -11- first (151) day of each month. The payment will be considered late if not receive by the I seventh (ih) day of each month. Payments will be mailed directly to Wife at 4~ Drexel I Place, New Cumberland, PA 17070-2203, In the event one payment is late, ~Ife shall , , have the option of having the terms of the Agreement submitted to the Cumbdrl :lnd County I I Domestic Relations office for payment and enforcement. Husband may prepat his amount. Should the sum of $14,256 be paid by Husband to Wife in alimony payments p ior to the expiration of the 18 month period, the provisions of this paragraph shall have bE en met. Alimony will terminate in the event of either Parties' death, Wife'~ remarriage or cohabitation with an adult non-relative. Husband shall name Wife as the b~r eficiary of a life insurance policy in a gross amount sufficient to satisfy the alimony Obligati~ within 10 days of the execution of the Agreement. Husband may decrease this amountia nnually by the gross amount of alimony paid. Husband shall annually provide proof of the insurance beneficiary designation upon request. In the event Husband fails to name Wife as a , beneficiary or in an amount sufficient to satisfy the remaining alimony amount; Vife shall , I have a claim against Husband's estate, as if she were a secured creditor, in t~E gross amount of alimony owed. I Should husband become disabled to the extent that he must ta~E leave without pay from his employment, and prior to the receipt of any disability or dls ability I retirement payments, alimony payments will be suspended. At such time as ~l sband i I returns to work, alimony shall be reinstated inthe amount provided herein for th remaining term of the alimony award, In the event that Husband begins to draw disability or disability ~€ irement, alimony shall be modifiable. The term of the award is non-modifiable, but the ~ nount of , I -12- I alimony may be modified based on the changes in Husband's income as a reslu t of his i disability. In all other respects, the alimony award contained herein shall be nQ>1 -modifiable. I I In the event that Husband suffers a disability and modification is required, the p rties agree I I to utilize the collaborative process, if unable to reach an agreement as to the rh dification I I I among themselves. I The parties acknowledge that by this Agreement they have eac~ espectively I I secured sufficient financial resources to provide for his or her own comfort and upport. The parties do hereby acknowledge that inflation may increase or decrease, tMc t their I I respective incomes and assets may substantially increase in value, that eitherl r ay be I , employed or unemployed at various times in the future, and that notwithstandih these or other economic circumstances, which may be changes in circumstances of a $l bstantial and continuing nature, the terms of this Agreement are just and reasonable. i~erefore, I except for the provisions of this Agreement, the parties hereby expressly waiv~, discharge and release any and all rights and claims which they may now or hereafter hate, by reason I of the parties' marriage, to alimony pendente lite or support, and they further r~1 ~ase any rights they may have to seek modification of the terms of this Agreement in a CC urt of law or equity, it being understood that the foregoing constitutes a final determination fc r all time of either party's obligation to contribute to the support of the other. Except as pr~\ ided for in I this Agreement, it shall be, from the execution date of this Agreement, the SOI$ I responsibility of each of the respective parties to sustain himself or herself wit~( ut seeking I any additional support from the other party. In the event that either of the partie::; shall seek I I a modification of the terms of this paragraph, that party shall indemnify and hdlc the other I , , i -13- I party harmless from and against any loss resulting therefrom, including couns~1 fees and i I I 8. COUNSEL FEES. COSTS AND EXPENSES. Each party shall ~e I responsible for his or her own legal fees, costs and expenses incurred in conn~ tion with I I their separation and/or the dissolution of their marriage. : 9. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that t~, re is a dispute regarding the Agreement, the parties agree to return to the COllaborati~l Law I costs. Process to address their concern(s). However, in the event that the parties arE~ .Jnable to I resolve the dispute in the Collaborative Law process and either party breached ny I I provisions of this Agreement and the other party retains counsel to assist in enrc rcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, courtl (osts and I I expenses (including interest and travel costs, if applicable) which are incurred p the other party in enforcing the Agreement, whether enforcement is ultimately achieved ~ litigation or I by amicable resolution. However, the alleged breaching party shall not be req~i ed to pay I the other party's attorney's fees, costs and expenses of the other party in the a~ ence of a written demand provided to the counsel of record or to the party alleged to be ih breach at I their last known address. Demand shall be adequate if it is sent via certified ma I to the alleged breaching party or by regular U.S. mail to counsel of record, and provim s at least fourteen (14) calendar days for compliance, For purposes of this provision, an:l in absence of notice to HUSBAND to the contrary, the presumptive correct address for not e to the WIFE shall be: -14- I Jennifer B. Klein 43 Drexel Place New Cumberland, PA 17070 For purposes of this provision, and in absence of notice to the WIFE to :t e contrary, the presumptive correct address for notice to the HUSBAND shall be: Michael P. Radich 6 Pamela Place Mechanicsburg, PA 17050 In absence of a notice to the other party of change of address, a breacrl g or i I alleged breaching party shall not be relieved of obligation for attorney's fees, cb ts and expenses under this paragraph for failure to receive written demand. ! It is the specific Agreement and intent of the parties that a breaching or I", rongdoing I I party shall bear the obligation of any and all costs, expenses and reasonable c~ Jnsel fees I I incurred by the non breaching party in protecting and enforcing his or her rightsll nder this i I Agreement. 10. WAIVER OF INHERITANCE RIGHTS. Effective upon the signing of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the I I other, any right to elect to take against the Will or any trust of the other or in W~i h the other has an interest, and each of the parties waives any additional rights which saidl ~ arty has or I I may have by reason of their marriage, except the rights saved or created by th~ erms of i this Agreement. This waiver shall be construed generally and shall include, bu~ lot be limited, to a waiver of all rights provided under the laws of Pennsylvania, or an~ ther jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 11. MODIFICATION. No modification, rescission, or amendment to iris i I Agreement shall be effective unless in writing signed by each of the parties he~ o. i I -15- I 12. SEVERABILITY. If any provision of this Agreement is held by a ic::>urt of competent jurisdiction to be void, invalid or unenforceable, the remaining provib ons hereof shall nevertheless survive and continue in full force and effect without being i~~ aired or I I invalidated in any way. I BREACH. If either party hereto is in breach of any provision he~e::>f, the other I I party shall have the right, at his or her election, to sue for damages for such b~e 3ch, or seek I I such other remedies or relief as may be available to him or her. The non-breaM ing party I I shall be entitled to recover from the breaching party all reasonable costs, exp~r ~es and legal fees actually incurred in the enforcement of the rights of the non-breachi~~ party. I WAIVER OF BREACH. The waiver by one party of any breach b this I Agreement by the other party will not be deemed a waiver of any other provisi~ of this I i 13. 14. Agreement. , I 15. NOTICE. Any notice to be given under this Agreement by eithet arty to the other shall be in writing and may be affected by registered or certified mail, ret~ n receipt I requested, Notice to Wife will be sufficient if made or addressed to the fOIlOWi~ I I Jennifer B. Klein 43 Drexel Place New Cumberland, PA 17070 and to Husband, if made or addressed to the following: Michael P. Radich 6 Pamela Place Mechanicsburg, PA 17050 Each party may change the address for notice to him or her by giving notice 01 hat change in accordance with the provisions of this paragraph, -16- I , , '. 16. APPLICABLE LAW. All acts contemplated by this Agreement s~c II be construed and enforced under the laws of the Commonwealth of pennsYlvanial. I I DATE OF EXECUTION. The "date of execution" or "execution ~c e" of this I Agreement shall be defined as the date upon which the parties signed the Agr~l ment if they do so on the same date, or if not on the same date, then the date on which th~ I greement I was signed by the last party to execute this Agreement. This Agreement shall It p.come I I I I EFFECT OF RECONCILIATION OR RECONCILIATION ATTEtvlf T. This 17. effective and binding upon both parties on the execution date. 18. Agreement shall remain in full force and effect even if the parties effect reconc Ii 3tion, I I cohabit as Husband and Wife or attempt to effect reconciliation. This Agreem~r t shall I continue in full force and effect and there shall be no modification or waiver of ~ y of the I I terms hereof unless the parties in writing execute a statement declaring this A~ p.ement or I any term of this Agreement to be null and void. I I I 19, HEADINGS NOT PART OF AGREEMENT. Any headings prec~c ing the text of the several paragraphs and subparagraphs hereof are inserted solely of CO~\I ~nience of i reference and shall not constitute a part of this Agreement nor shall they effec~ i s meaning, I construction or affect. I i 20, AGREEMENT BINDING ON PARTIES AND HEIRS. This Agre~r ent, except I as otherwise expressly provided herein, shall bind the parties hereto and their h spective I heirs, executors, administrators, legal representatives, assigns, and successo~s in any I I I interest of the parties. I , I I 21. ENTIRE AGREEMENT. Each party acknowledges that he or sh~ has I carefully read this Agreement, including other documents to which it refers; th~t he or she I I I I I -17- . '. . . has discussed its provisions with an attorney of his or her own choice, and has xecuted it voluntarily and in reliance upon his or her own attorney; and that this instrume t expresses the entire agreement between the parties concerning the subjects it purports t , supersedes any and all prior agreements between the parties. This Agreemenr hould be interpreted fairly and simply, and not strictly for or against either of the parties. I I 22. MUTUAL COOPERATION. Each party shall on demand execut~ nd deliver to the other any deeds, bills of sale, assignments, consents to change of beneJi iaries of insurance poiicies, tax returns, and other documents, and shall do or cause to ~ done I every other act or thing that may be necessary or desirable to effectuate the PrP isions and I purposes of this Agreement. If either party unreasonably fails on demand to ct ply with these provisions, that party shall pay to the other party all attorney's fees, cost, ' and other I I I expenses reasonably incurred as a result of such failure. I I 23. AGREEMENT NOT TO BE MERGED. This Agreement shall rerh in in full force and effect in the event of the parties' divorce. This Agreement shall not ti merged into said decree. The parties shall have the right to enforce this Agreement U~d r the i Divorce Code of 1980, as amended, and in addition, shall retain any remedies Ii law or in equity under this Agreement as an independent contract. Such remedies in la~ or equity are not waived or released by this Agreement. -18- - \J\J J IN INIiNESS INI-IEREOF, the ?arties hereto set their nands and seals of their aCKnow\edgments. ;/'"' . vb -~9- . . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF OttM-pv\\ (\ I I BEFORE ME, the undersigned authority, on this day personally appear~ I JENNIFER B. KLEIN, known to me to be the person who executed the fOregoih instrument, and who acknowledged to me that she executed same for the purJ I I considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 'J-D~ day of 2007. COMMONWEALTH OF PENNSYLVA.' Notarial Seal I Michele S. BeefY. Notary Public I City Of Harrisburg. ~aUPhin County My Commission Exp~~u~~: 2010 -20- r ..., COMMONWEALTH OF PENNSYLVANIA: COUNTY OF T)A0 t")t-\ I N BEFORE ME, the undersigned authority, on this day personally appealr d I I MICHAEL P. RADICH, known to me to be the person who executed the foreglo ng I i instrument, and who acknowledged to me that he executed same for the purdo es and \ considerations therein expressed. I, "+,,.p.., .. I day ot i I GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~Zb~:-')2007 . COMMONWEAL T/oI OF PENNSYL 'A IA Notarial Seal Vicky L. Fitz, Notary Public Susqueh~n~ Twp., Dauphin Cou My Commission Expires Jan. 6, 20 1 Member, Pennsylvania Association of N I -21- f',-~, c,~ ( ':;;'~;' __....J ::,J \ <.)1 o -n :.1..,., r,1e. .-,-:: 1, ~_) ), '- .-;'\ .......... -,~':;."n ".:..~.-\ 1'.1 d. --- SMIGEL, ANDERSON & SACKS, LLP Ann V, Levin, Esquire ID #70259 4431 North Front Street, )'d FIr. Harrisburg, P A 17110-1778 (717) 234-240 I alevin(il)sasllo,com Attorney for Plaintiff V. IN THE COURT OF COMMON PLdA S CUMBERLAND COUNTY, PENNSY VANIA NO. 06-6571 CIVIL TERM MICHAEL RADICH, PLAINTIFF JENNIFER BEARD KLEIN, DEFENDANT CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S3301(c) ofthe Divorce Code was filed November 14, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I I 3. I consent to the entry of a final Decree of Divorce after service of notice!o intention to , , I request entry of the decree. I verify that the statements made in this Affidavit are true and correct. stand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to i falsification to authorities. Date:c) /610/07 I I ,~ r-:> = :3 , ~~ ( =.s: ~ ~ :.? i:i""I;R rn ...-, ''--.... I (.n ,,- -t"J """, --,,-,.~ ~.^-- ~~l -~c' ;",,->1 -, --"1'-.-:v "-0 :'< 1..0 IAVL/smt//February 7, 200710:58 AM I 'j<. ~ SMIGEL, ANDERSON & SACKS, LLP Ann V, Levin, Esquire ID #70259 4431 North Front Street, 3rd FIr. Harrisburg, PAl 711 0-1778 (717) 234-240 I alevin(wsasllp,com Attorney for Plaintiff MICHAEL RADICH, PLAINTIFF IN THE COURT OF COMMON PLl3 S CUMBERLAND COUNTY, PENNSV' VANIA v. NO. 06-6571 CIVIL TERM JENNIFER BEARD KLEIN, DEFENDANT CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301 c OF THE DIVORCE C E 1. I consent to the entry of a final decree of divorce without notice. i 2. I understand that I may lose rights concerning alimony, division ofpr perty, I lawyer's fees or expenses if I do not claim them before a divorce is granted. I 3. I understand that I will not be divorced until a divorce decree is entdr d by the I I , Court and that a copy of the decree will be sent to me immediately after it is filed ~i h the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I un<ll rstand that I I I false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relati~ to unsworn falsification to authorities. Date: cx/~O/07 I ( ~21 ichael Radich, PlamtIff - (') ~~ ~ = __J -~ S;~.: :;::l I (j'1 -0 l".) o Plaintiff I i IN THE COURT OF COMMON P CUMBERLAND COUNTY, PENN, NO. 06-6571 CIVIL TERM MICHAEL RADICH, v. CIVIL ACTION - DIVORCE JENNIFER BEARD KLEIN, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce C d was filed on November 14,2006. 3. I consent to the entry of a final decree of divorce after service 0 intention to request entry of the decree. 2. The marriage of the Plaintiff and Defendant is irretrievably brok . Ninety days have elapsed since the date of service of the Complaint. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: J./~5 /07 ~ ~ = ---! \ U1 -0 ::1.: ",. <<, Plaintiff I I i I IN THE COURT OF COMMON Pr' CUMBERLAND COUNTY, PENN NO. 06-6571 CIVIL TERM I I S L VANIA MICHAEL RADICH, v. CIVIL ACTION - DIVORCE JENNIFER BEARD KLEIN, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301 c OF THE DIVORCE C DE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division I property, lawyer's fees or expenses if I do not claim them before a divorce is granted. : I I 3. I understand that I will not be divorced until a divorce decree i1 ntered by the Court and that a copy of the decree will be sent to me immediately after i, i filed with the Prothonotary. i I verify that the statements made in this affidavit are true and correct. II nderstand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ tion 4904 relating to unsworn falsification to authorities. Dated: ~). /;., /0 '7 ~ = -..J -::-" f; I (.11 ~ .-\ ;f,:;n '~~~\ -0 ::~ .C'''j''J ";1\p, :~ry :;< 1" o I A VLlsmVlMarch I, 2007 II :25 AM SMIGEL, ANDERSON & SACKS, LLP Ann V, Levin, Esquire ID #70259 4431 North Front Street, 3rd FIr. Harrisburg, PAl 711 0-1778 (717) 234-2401 alevin(msasllp,com Attorney for Plaintiff MICHAEL RADICH, PLAINTIFF I , I I IN THE COURT OF COMMON PLl: S CUMBERLAND COUNTY, PENN~' LV ANIA , v. NO. 06-6571 CIVIL TERM JENNIFER BEARD KLEIN, DEFENDANT CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court divorce decree: 1. Ground for divorce: Irretrievable breakdown under ~3301(c) of the Dit rce Code. I I 2. Date and manner of service of the Complaint: The Complaint was serv~ via first class i I mail on counsel for the Defendant on November 20, 2006. A copy of the Accepta~ of Service is I i I attached hereto. 3. (a). Date of execution of the Affidavit of Consent required by 933 1 (c) of the I I Divorce Code: by Plaintiff on February 20,2007; by Defendant on February 25, 2QO I (b)(1). Date of execution of the Affidavit required by 93301(d) oft~ I I , N/A; : , I i (b )(2). Date of filing and service of the Plaintiffs Affidavit upon th4 espondent: , I " 4. Related claims pending: None. N/A. 9053-1-4 .. r' 5. (a). Date and manner of service of the Notice of Intention to Fil~ raecipe to Transmit Record, a copy of which is attached: N/A. (b). Date Plaintiffs Waiver of Notice in 93301(c) Divorce was 41 d with the , Prothonotary: A copy is attached hereto and is being filed simultaneously with thir raecipe. Date Defendant's Waiver of Notice in 93301(c) Divorce was filed with thelP othonotary: A copy is attached hereto and is being filed simultaneously with this Praecipe. SMIGEL, ANDERSON & S~ i Date: 3 -1- D 7 By: Ann V. Levin, Esquire I.D 4431 North Front Street ! Harrisburg, P A 17110 (717) 234-2401 Attorney for Plaintiff I IN THE COURT OF COMMON PLl S CUMBERLAND COUNTY, PENNf LV ANIA I I I I I I I I I I I I I I I I, Debra Denison Cantor, counsel for Defendant, accept service of the C09P aint Under I Section 3301(c) or 3301(d) of the Divorce Code on behalf of Defendant and certify hat I am I I I .,. S'lcllGEL, ANDERSON & SACKS, lLP Ann V Levin. Esquire ID #70259 4431 North Front Street, 3rd FIr. Harnsburg, P A 17110-1778 (717) 234-2401 ,1IE~ YJ.rt (i,. .s!~lp~~()m Attorney for Plaint1ff MICHAEL RADICH, PLAINTIFF v, NO, 06-6571 CIVIL TERt\:f JENNIFER BEARD KLEIN, DEFENDANT CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE authorized to do so, I I I\ICNEES, \VALLACE & NURIC4 I I I I I Date:--D-12-O I 0 LJ I J ~' ~r . " "~.)' " , " By: y' ,i'--tL/ ,J.>t,; D~~I Deni('~ntor, Esquire 100 Pine StreeC Harrisburg, P A 17108 (7"i 7) 23.~,'-5297 u -.,.-... N <.1 01 en "-> '!':'::':) = 0""\ o 11 ::;j rt;:JJ 'T!hl :vO ~~~!, (C" -;-- -T'i ~~~ >1 :::0 -< ::;I" ..!~..- a -< 1'..) \..0 r-~ ~;:-:'} \,:~-~,' ,.-J ~a ~;-;,.) \ 0") Q, :;:j ..},,~:o , \1<""- ,. \,.-" -0 '.__-..-~ "'>;,-,K,i ~:\;';) ~X~:~?\ ~':~~~\ -0 -,' ~ _;.J'''' - "C;;-'> '~.z ~,) - --------- if. ~ if. ~ if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNA. STATE OF MIamEL RADIaJ No. 06-6571 CIVIL ':ftBt PI..AIN.rIW VERSUS .JDfiIFER BFARD KLEIN IEFIRlANT DECREE IN DIVORCE ~ ~ &." c... '^ , 1~C1, IT IS ORDERED AND if. if. if. if. AND NOW, MICHAEL RADICH , PLAI NTI FF, DECREED THAT if. if. if. if. JENNIFER BEARD KLEIN , DEFENDANT, AND if. if. if. if. if. if. ARE DIVORCED FROM THE BONDS OF MATRIMONY. if. 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; if. if. if. It is further ORDERED and DECREED that the Marria$Je Sp-ttlPITlPnt AgrP-P-rnPnt executed by and between the parties, dated February 20, 2007, is incorporated py reference into this Decree for the purposes of enforcement, but shall NO!' be deemed to have been lTlP..rgP-d wi th t- hi!":. J1Acorpp if. :~:~~~ ~ ~ f~~ PROTHONOTARY if. [I'll; if. if. if. if. if. if. J. ~ _fp 'J ~ ~ 1...0' ~-f. ~ JJ" -% ~ ~c7.~ LtJ. /> - C , ' It '. , . . . ~ ,.'