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HomeMy WebLinkAbout03-0916 AMY V. WICKARD, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA vs. : : CIVIL ACTION TIMOTHY E. WICKARD, : NO. O3 ~ ~f~ Defendant : IN DIVORCE NOTICE TO DEFEND 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 AMY V. WICKARD, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA vs. : : CIVIL ACTION TIMOTHY E. WICKARD, : NO. Defendant : IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 AMY V. WICKARD, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA ~ [ ~" / ~ vs. : : CIVIL ACTION p3. TIMOTHY E. WICKARD, : NO. Defendant : IN DIVORCE CONSOLIDATED COMPLAINT IN DIVORCE 1. Plaintiff is Amy V. Wickard, a citizen of Pennsylvania, residing at 10 Ridge Avenue, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Timothy E. Wickard, a citizen of Pennsylvania, residing at 6354 Meadowrue Lane, Erie, Erie County, Pennsylvania. 3. Plaintiff and Defendant are sui juris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on June 27, 1992, in Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers, & Sailors, Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. COUNT I Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. The marriage of the parties is irretrievably broken. 15. After a period of two (2 years has elapsed from the date of separation, Plaintiff intends to file her affidavit of having lived separate and apart. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed her affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. COUNT III Request for Equitable Distribution of Marital Property Under 3104, 3323, 3501, 3502 and 3503 of the Divorce Code 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of said marriage until the date of their separation. 19. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully requests the Court to equitably distribute the marital property of the parties, pursuant to 3104 and 3502(a) of the Divorce Code. COUNT IV Request for Alimony Pendente Lite and Alimony under 3104, 3323, 3701, 3702 and 3704 of the Divorce Code 20. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 21. Plaintiff is unable to sustain herself during the course of litigation. 22. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 23. Defendant has the means and ability to pay Alimony Pendente Lite and Alimony to Plaintiff. WHEREFORE, Plaintiff requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor. COUNT V Request for Counsel Fees, Costs and Expenses Under 3104, 3323, 3502(e) and 3702 of the Divorce Code 24. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 25. Plaintiff has employed Mary A. Etter Dissinger, of the law firm of Dissinger and Dissinger to represent her in this matrimonial cause. 26. Plaintiff is unable to pay the necessary counsel fees, costs, and expenses and Defendant is more than able to pay them. WHEREFORE, reserving the right to apply to the Court for temporary counsel fees, costs and expenses, prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. Respectfully submitted, DISSINGER and DISSINGER Attorney for Plaintiff Supreme Court ID # 27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Amy V. Wickard, verify that the statements made in the Divorce 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 unsworn falsification. Amy V. Wick d~ ~~ ~ic~k, ~laintiff AMY V. WICKARD, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND C,)UNTY : PENNSYLVANIA vs. : : CIVIL ACTION TIMOTHY E. WICKARD, : NO. 03-916 Defendant : IN DIVORCE AFFIDAVIT OF MAILING COMMONWEALTH OF PENNSYLVANIA : : ss :: COUNTY OF CUMBERLAND : Mary A. Etter Dissinger, attorney for Plaintiff, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, return receipt requested, a true and correct copy of the Plaintiff's Complaint in Divorce in this action to the Defendant at her residence, and that Defendant did receive same as evidenced by the signed rece~.pt dated March 4, 2003 attached hereto as Exhibit "A". W~ary ~. Ette Attorney foz Plaintiff Supreme Couzt ID #27736 28 N. Thirty-second Street Camp Hill, ~A 17011 (717) 975-2840 Sworn to and subscribed before me this ~ghday of ~C~ , 2003. /Notary PLgol ic ,I · Complete items 1, 2, and 3. Also complete A. Received by B. Date of Delivery item 4 if I~ Delivery is desired. -)3' · Pdnt your name and address on the reverse so that we can return the card to you. C. Signature · Attach this card to the back of the mailpiece, X [] Agent or on the front if space permits. [] Addressee 1. Article Addressed to: address different from item 17 [] Yes enter delivery address below: [] No Erf¢ PA I u$o5 "be I-IExpreasMail I'1 Registered [] Return' Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article mber (Copy from sen/ice label) PS Form 3~11, July 1999 Domestic Return Receipt / 102595-00-M-0952 · Postage & Fees Paid Permit No. G-lO · Sender: Please prin't your name', address, and ZIP+4 in".this box .' EXHIBIT "A" AMY V. wICKARD, : IN THE cOURT OF Co~ON PLEAS Plaintiff : cUMBERLAND cOUNTY, pENNSYLVANIA : NO. 03-916 TIMOTHY E. wICKARD, : CIVIL ACTION Defendant : IN DIVORCE P_RAECIPE FOR ENTRY OF APPEABANCK Please enter my appearance on behalf of Defendant, TIMOTHY E. WICKARD in the above matter. Respectfully submitted, Mark A. squire Attorney I.D. No. 78931 407 North Front Street Harrisburg, PA 17108-1848 (717) 238-7151 Attorney for Defendant CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the PRAECIPE TO ENTER APPEARANCE on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Dauphin County, Pennsylvania addressed to: MARY A ETTER DISSINGER ATTORNEY AT LAW DISSINGER & DISSINGER 28 N 32ND STREET CAMP HILL PA 17011 Mark A. Mateya,DEsquire 407 North Front Street Harrisburg PA 17101 717 238-7151 Attorney for Defendant AQREnn~r mada ~Uo ~ day of ~-[~ ~/ , 2004, b~ and between T~nothy E. Wickard (uHusbandu), of l0 Ridge Road, Carlisle, Cumberland County, Pennsylvania and Any Vaites Wickard ("Wife") of 6A Whitetail Circle, P.O. Box 63, Nantucket, Massachusetts. WITNESBETH= WHEREAS, the parties hereto are Husband and Wife, hevin~ been married on the 27th day of June in 1992. The parties have no issue, living or deceased, and have no adopted children. WHEREAS, diverse ,,-happy differences, disputes and difficulties have arisen between the parties and as a result they have lived separate and apart since October 4, 2002. A proceeding for the divorce of the parties hah been filed by the Wife in the Court of C~--~n Pleas of Cumberland on February 28, 2003, No. 03- 916. It is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including without limitation by specification~ the settling of all matters between them relating to the ownership eutd equitable distribution of real and personal property; the settling of all matters between the~ relating to the past, present and future support, alimony pendente lite, alimony and/or maintenance of Wife by Husband and of Husband by Wife and possible claims by one against the other and against their respective estates. NOW TNEP. EFO~E, in consideration of the above recitals and the mutual pro~tses, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowled~edbyeach of the parties hereto, Wife end Nusbend, each intending to be legally bound hereby, covenant end agree as follows~ 1. AGREEMENT NOT A ~AR TO DIVORCE PROCEEDINGS This A~ree~ent shall not he considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This A~ree~_nt is not intended to condone end shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. Wife filed a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of the C~nwealth of Pennsylvania, and this A~reement is contingent upon the Wife proceedin~ with said divorce, and H~shand filin~ his Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree thereto upon the expiration of the waiting period. Said Affidavit end Waiver shall be promptly tran~mitted to counsel for Wife who will immediately file a Praecipe to Transmit Record and Vital Statistics form to precipitate the pro~t entry of a decree of divorce. 2. EFFECT OF DIVORCE DECEEE The parties a~rae that unless otherwise specifically provided herein, this A~reement shall continue in full force and effect after such time as · final decree in divorce may he entered with respect to the parties. 3. INCORPORATION OF AGREEMENT IN DIVORCE DECREE The purposes of this Agreement are to effect a co~lete and final settlement, with reference to each party of= a. All of the respective property and property rights of the parties, b. The obligation of each party for the support of each other. 4. AGP~E~ENT NOT TO BE MERGED This A~ree~ent shall be incorporated into the final decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this A~reement under the Divorce Code of 1980, as amended, and in addition, shell retain any remedies in law or in e~uity under this Agreement as an independent contract. Such remedies in law or e~uity are specifically not waived or released. 5. DATE OF EXEuuTION -3- · he ~c~te of e~ecutio~, or 'e~ecution~te, o~ this~ree~e~t shall be deC,ned as the date upon which ~t ~s executed ~ the parties ii t~hve each~ecuted t~re~t on tb s~ ~te. Othe~ise, the "~te oE ~ecution" or "~ecution date" o~ this ;~re~nt shll be defined as the date o~ execution b~ the pa~ty last executing this 6. DIS?RIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the wdistrihution date" which shell he defined as the data o£ executioa of this Agreement unless othez~iee specified herein. 7. FINAI~CIAL DISCLOSURE The parties confirm that each has fully disclosed their financial information and that each party has relied on the substantial accuracy of the financial disclosure of the other and this Agreement is made in reliance of those disclosures. 8. ADVICE OF COUNSEL The provisions of the Agreement and their legal effect have been fully e~l~lained to the parties by their respective counsel, Karen L. Koenigeberg, Esquire, attorney for Wife, and Mark A. Xateya, Esquire, attorney for Husband.' The parties acknowledge that they have received independent legal advise from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept their legal rights and obligations and they acknowledge and accept that this ~ree~mnt is, in the -4- circ----t~ncss, fair and e~uitable and that it is being entered into freely an~ voluntarily, after having received such advice and with such knowledge, and the parties acknowledge that execution of this Agreement is not the result of any duress or u~due influence and that it is not the result of any collusion or ~w~.roper or illegal agreement or agreemaents. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code of 1980, 23 P.S. Section 101 e__t. se~., whereby the Court has the right and duty to determine all m~Tital rights of the parties including divorce, alimony, alimony pendents lite, e~uitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, full7 knowing the same and being fully advised of his or her rights thereunder, each party still desires to execute this ~ree~ent, acknowle~jing that the ter~ and conditions set forth herein are fair, Just and e~uitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of ~,m~erland County, or any other Court of competent Jurisdiction, make any determ/nation or order affecting the respective parties, rights to a divorce, alimony, alimony pendents lite, e~uitable distribution of all marital property, counsel fees and costs of litigation, or any other rights arising fro~a the parties' -~Triage. 9. REAL ESTATE There are (2) marital properties located at= -5- I 1. 10 Rtc~e Avenue Carlisle, PA 17013 (two parcele at ~ap NOB. 29-14-0867-012 and 29-14-0867-013) 2. 6354 Meadowrue ~.ane Erie, PA 16505 T~ parkiee agree ~o sell the Erie proper~y ~d ~he Carlisle properties ~d to divide ~7 e~t~ ~ove ~d beTond the bal~ce on ~he ~r~gage ~d k~ ~ e~ity lorn in e~al s~res (~0/50). S~uld t~re be a loss on khe sale o~ my cE t~ properties, t~ parkies agree ko s~re the debk e~allM. P~dt~ khe sale o~ t~ properties, ~sb~d agrees ~o conhinue ~king all ~r~gage ~d h~e e~ih~ lo~ paints. ~sb~d shall arr~ge ho lis2 all o[ khe properties ~or sale as is ~-diakel~ upon ~he ~ecukion of hhis ~re~. Wi~e shall nob be responsible fo~ ~ ~rov~nks m-de ~o hhe properties p~ior ~o hheir sale. ~11 deali~s ~d nego~iakions regaling the sale o~ the properkies shall be addressed ho ~ife's ah~o~e~ ~d nob to ~ife direckl~. ~uld khere be ~ cos~ associated wi~h lisking ~he h~ wi~h a lic~sed real estate agenh, ~d ~11 be ~e~sed ~o~ k~k cosh fr~ k~ proceeds of khe sales. 10. PENSION PLANS It is acknowledged that, during the marriage, Wife participated in the Public School EaLmloyeee Retirement System. Husband waives the right to obtain a pension valuation on this account and waives any claim he may have to the pension benefits Wife, subject to the offset of Husband,s SunAmerica account. -6- 11. BANK ACCOUNTS, kuT~AL FUNDS, iRA'S, CA~H/MO~TEY ACCO~TS, CD'S, SECURITIES AND BONDS Both parties agree and hereby acknowledge that they have previously divided their Bank Accounts, Mutual Funds, IRA'S, Cash/Money Accounts, CO~S, Securities and Bonds. Wife agrees that all Bank Accounts, Mutunl Funds, IRA.S, Cash/Mo~ey Accounts, CD,S, Securities and Bonds that are in the possession of Husband shall be the sole and separate property of Husband, and Husband agrees that all of the B~-k Accounts, Mutual Funds, IRA,S, Cash/Money Accounts, CD.S, Securities and Bonds in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of each other. 12. PERSONAL PROPERTY Husband and Wife do here~ acknowledge that they have previously divided their tangible personal property including, but without lim/tation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that all of property in the possession of Husband shall be the sole and separate property of Husband, and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall bec~me the sole and separate property of each other. -7- 13. MOTO~VE~ZCLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: a. The 1997 Ford Explorer shall become the sole and exclusive property of Husband, subject to its liens and encumbrances. b. The 2002 Volkswagen Jetta shall become the sole and exclusive property of Wife, subject to its liens and eDc-mhrances. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and said executed titles shall be delivered to the proper parties on the distribution date. 14. MISCELLANEOUS PROPERTY All marital property not listed on this ~reement shall be hereafter owned by the party to wh~ the property is titled, and if untitled, by the party in possession. This A~reement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property fro~ each to the other. 15. LIABILITIES ASSUMED BY HUSBAND Husband shell assume individual responsibility for the respective debts listed below. Husband will hereafter assume and -8- retire the full =mmunt of each respective debt represented below due end owing ae of the date of execution hereof, end shall ind~i£y end hold Wife and her property harmless fr~a eny end all liability with respect to the debts hereby assumed b7 h~ushend. 1. PNC Home E~uity Loen for the Carlisle property 2. Bank of America Mortgage Loan - Account Number: 2003481732 3. Any and all property taxes due end owing on the real estate in Carlisle end Erie, Penneylvenia. H'Uebend's aes,,-_~_tion of the afore~nentioned debt is s~bJect to the provisions set forth in Paragraph 9. 16. ASSUMPTION OF ENCUMBRANCES Unless otherwise provided herein, each party hereby assumee the debts, encumbrences, taxee end liene on all the property each will hold subsequent to the date of thisA~reement, an~each party agrees to ind~-~ify and hold harmless the other party end hie or her property fro~eny claim or liebility that the other party wi11 suffer or ~ay be required to pay because of such debts, encumbrances or liens. Each party in possession of property to be awarded to the other warrants that all dues, fees, assessments, mortgages, taxes, insurence payments end the like attendent to such property are current, or if not current, notice of eny arrearages or deficiency has been given to the receiving party prior to the execution of this Agreement. 17. LIABILITY NOT LISTED Each party represents end warrents to the other that he or she has not incurred eny debt, obligation, or other liebility, -9- other than those described in thisAgreement, for which the party is or may be liable. A liability not disclosed in th~s Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it es the same shall become due, and to indemnify and hold the other party and his or her property harmless from any end all such debts, obligations and liebilities. 18. INDEMNIFICATION OF WIFE If any claim, action or proceeding is hereafter initiated seeking to hold Wife lieble for the debts or oblig&tions assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife ag&inst eny such claim, action or proceeding, whether or not well-founded, and indemnify her end her property ag&inst any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney.s fees incurred b~ Wife in connection therewith. 19. INDEMNIFiCATION OF HUSBAND If any claim, action or proceeding is hereafter initiated seeking to hold Husband lieble for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, end inde=mify h/m end his property against any dA---gee or loss resulting therefrom, including, but not lim/ted to, costs of court and attorney's fees incurred by Husband in connection therewith. 20. WAIVER OF ALIMONY -10- The parties acknowlecl~e that inflation may increase or decrease, their respective inc~es may change, that either may be en~mloyed or u~.~,loyed at various times in the future, that their respective assets may substantially increase or decrease in value, and that notwithsta~ding these or other econ~nic circ,,matances, the parties acknowledge that they each have sufficient property and resources to provide for her or his reasonable needs end that each is able to support himself or herself without contribution from the other. Therefore, the parties hereby expressly waive, discher~e end release any and all rights end cla~m~ which the~may have newer hereafter have, by reason of the parties' marriage, to alimony, alimony pendents lite, support or maintenance end they acknowledge that this A~ree~nt constitutes a final determ/nation for all time of either party's obligation to contribute to the support and maintenance of the other. It shell be, from the execution date of this ~reement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional support from the other party. 21. TAX RETURNS AND AUDITS Husband and Wife represent that all federal, state and local tax returns required to be filed by Husband end Wife have been filed, end all federal, state and local taxes required to be paid with respect to the periods covered by such returns are paid. Husband end Wife further represent there are no tax deficiencies proposed or assessed against Husband end/or Wife for such periods, end neither Husband nor Wife executed any waiver of the Statute of L~--~tations on the assessment or collection of any tax for such periods. -11- 22. TAXES FOR YF~R OF DIVORCE h~usband agrees to be liable and obligated end shall t~nely pay end hold Wife end her property harmless £rcm any liability of Husband for federal income tax (including penalties end interest} as shown on his separate United States individual inc~ tax return for the tax year 2004. Wife agrees to be liable end obligated end shall t~mely pay end hold Husband end his property harmless from any liability of Wife for federal income tax (including penalties and interest) as shown on her separate United States individual income tax return for the tax year 2004. In the event the Internal Revenue Service deter~nes an allocation between the parties for federal incomm taxes for the calendar year 2004, differently from that co~q~uted above in this paragraph 21, then Husband end Wife agree they will allocate liability for their federal income taxes for 2004, between themselves pursuant to the computation under this paragraph. Any difference shall be accounted for between Husband end Wife, end paid for by one to the other, so as to confom to the tax liability allocation herein with any ult~mmte tax liability determined by the Internal Revenue Service 23. PRESERVATION OF RECORDS Each party will keep end preserve for a period of four (4) years from the date of divorce all financial records relating to -12- the ~=~ita! estate, a~d each party will give the other party ~mediete access to these records in the event of tax audits. 24. AFTER-ACQ~IRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, ell itAm= of personal property, tangible or intangible, hereafter ecc/uired him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for 811 purposes, es though he or she were 25. LEGAL FEES Each party agrees to pay their own legal fees. 26. WARRAHTY AS TO EXISTING OBLIGATION Each party represents that he or she has not heretofore incurred or contracted any debt or liability or obligation for which the estate of the other party may he responsible or liable except as may be provided in this Agreement. Each party agrees to indemnify or hold the other party he~nless fro~ and against any and ell such debts, liabilities or obligations of every kind which may have heretofore been incurred by them including those for necessities except for the obligations arising out of this Agree=~nt. 28. WARRANTY AH TO FUTURE OBLIGATIONS Except as set forth in this Agreement, Kusband and Wife each represents and warrants to the other that he or she has not in the past or will not at any t~e in the future incur or contract any -13- debt, charge or liability for which the other,s legal representatives, property or estate may he responsible. Each herel~ agrees to ink--Sly, save and hold the other and his or her property harmless £r~ any liebility, lose, cost or expense whatsoever incurred in the event of breach hereo£. 29. PROPERTY RELEASE It is the intention of Hush&nd and Wife to give to each other by the execution of this A~reement a full, ccu~late and general release with respect to any and all property of any kind or nature, real, personal or m~xed which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this A~reement or for the breach of any provision of this Agreement. All property hereunder is transferred subject to all existing encumbrances and lians thereon. The transferee of such property agrees to indemnify and save harmless the other party fro~ any cla/m or liability that such other party may suffer or may be required to pay on account of such enc,,-~rances or liens. Such party will, at his or her sole expense, defend the other against any such claim, whether or not well founded, and he or she will ind~-~ify and hold harmless the other party in respect to all ~--ges resultin~ therefro~a. The insurance on the property being transferred hereunder is assigned to the party receiving such property, and the prem/,~ma on such insurance shell be paid by the party to whom the insurance is assi~ned. By this Agreement the parties have intended to effect an equitable distribution of their assets. The parties have determ/ned that the division of said property conforms to the -14- criteria set forth in ~3501 e__t. seq. of the Pennsylvania Divorce Code taking into consideration the length of marriage~ the fact that it is the first ~=riage for Husband and Wife~ the age, health, station, ~-~unt and sources of income, vocational skills, ~mployability, estate, liabilities and needs of each of the parties~ the co~tribution of each party to the education, training or increased earning power of the party~ the opportunity of each party for future ac~uisitions of capital assets and inco~e~ the sources of income of both parties, including hut not limited to medical, retirement, insurance or other benefits~ the contributions or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the m~=ital property, including the contribution of each spouse es hom-m~ker~ the value of the property set apart to each party~ the standard of living of the parties established during the merriagel and the econcaa/c circ,,m-tances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. 30. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, cluitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest or claims in or against the property (including inco~ amd gain from property hereafter accruing) of the other or against the estate of such -15- other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by law of dower or courtesy, or claims in the nature of dower or Courtesy or widow.s or widower~s rights, fam/ly exemption or similar allowance, or under the intestate laws, or the right to take against the spouse.s will! or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse.s estate, whether arising under the laws of Pennsylvania, any other state, Commonwealth or territory of the United States, or any other country, or any rights which either party msy have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendents lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agree~mnts and obligations of whatsoever nature arising or which msy arise under this Agreement or for the breach of any provision of this Agreement. '31. PERSONAL RIGHTS Wife and Husband may and shall at all times hereafter live separate and apart. Each shall be free from any control, restraint, interference or authority, whether direct or indirect, by the other in all respects as fully as if he or she were l'"'~rried. Each may also reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, -16- profession or employment which to h/m or her may seem advisable. wife and Husband shall not molest, harass, or malign each other or the respective fa-41ies of each other, nor compel or attempt to c~m~el the other to cohabit or dwell by any means or in any mm--er whatsoever with h~mor her. Each party hereto releases the other from all els4--=, liabilities, debts, obligations, actions end causes of action of every kind that have been or will be incurred relating to or arising fram the -nrriage between the parties, except that neither party is relieved or discharged from any obligation under this ~ree~nt. Neither party wi11 interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 32. GENERAL PROVISIONS This Agreement shall be effective from end after the time of its execution, however, the transfer of the property provided for herein shall only take place upon the entry of · final decree in divorce. 33. WAIVER OR MODIFICATION TO BE IN WRITIN~ No modification, recession, amendment or waiver of any of the terms hereof shell be valid unless in writing end signed by both parties end no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the sanm or sim/let nature. Any oral representations or modifications concerning this instrument shall be of no force or effect excepting a subsequent modification in writing, signed by the party to be charged. -17- 34. MUTUAL COOPERATION Each party shall on dm~A-d execute and deliver to the other party any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonobly fails on demand to ccsnply with those provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 35. LAW OF PENNSYLVANIA APPLICABLE This Agreement and all acts cont--.~.lated by it shall be construed and enforced in accordance with the laws of the Co~nnonwealth of Pennsylvania. 36. AGREE~EIqT BINDING ON HEIRS This Agreement shall be binding end shall inure to the benefit of the parties hereto end their respective heirs, executors, administrators, legal repreBentativas, assigns end successors in any interest of the parties. 37. INTEGRATION This Agreement constitutes the entire understanding of the parties end supersedes any and all prior agreements end _ negot~ations between them. There are no representations other th-n those expressly set forth herein. 38. ENTIRE AGREEMENT -18- Each party ack~xowledges that he or she has carefully read this Agreement, including all Schedules a~d other documents to which it refers~ that he or she has discussed its provisions with an attorney of his or her own choice, or has waived the opportunity to do so, and has executed it voluntarily and in reliance upon his or her own attorneyl and that this instrument expresses the entire agreement between the parties concernin~ the subjects it purports to cover. 39. INCORPORATION OF SCHEDULES All Schedules and other instruments referred to in this · ~reement are incorporated into this A~re~nt as completely as if they were copied verbatim in the body of it. 40. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within ten (10) days after dA--,d therefore execute any and all written instruments, assi~nments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this A~reement. 41. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this AcJree~ent shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or -19- similar nature, nor shell it he constructed as a waiver of strict par£ormance of any obligations herein. 42. SEVERABILITY The parties agree that each separate obligation contained in this Agreement shall ha deemed to ha · separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall he determined or declared to be void, unenforceable or invalid in law or otherwise, than only that term, condition, clause or provision shall ha stricken from this Agreement and in all other respects this Agreement shall he valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or hie obligations under any one or mere of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 43. HEADZNGS NOT PART OF AGREEMENT .~tm.y headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for the convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. EXECUTED in triplicate on the day and year first above Amy V&it~ Timothy E. Wickard -20- AMY V. WICKARD, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION TIMOTHY E. WICFAP~D, : NO. 03-916 Defendant : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTZON TO P~EQUEET ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A Complaint in divorce under § 3301(c) of the Divorce Code was filed on February 28, 2003, and served on March 4, 2003. 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. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property, division of property or lawyer fees and 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. 6. Plaintiff's and Defendant's Waiver of Notice in §3301(c) Divorce are being filed with the Prothonotary as a part of their respective consent documents. 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. - I%, ~ Amy VL Wickard, Plaintiff Date: AMY V. WICKARD, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION TIMOTHY E. WICKARD, : NO. 03-916 Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under § 3301(c) of the Divorce Code was filed on February 28, 2003, and served on March 4, 2003. 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. 3. I consent to the entry of a final decree of divorce after service of the 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 unsworn falsification to authorities. Timothy E. Wickard, Defendant ,, I AMY V. WICKARD, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION TIMOTHY E. WICKARD, : NO. 03-916 Defendant : IN DIVORCE WAIVER OF I~OTICE OF II~TEI~TZON TO REQU~BT ENTRY OF A DIVORCE DECP.~E UNDER S3SOX(C) OF THE DXVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property or counsel fees 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. Timothy E. wi~kard, Defendant AMY V. WICKARD, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA VS. : : CIVIL ACTION TIMOTHY E. WICKARD, : NO. 03-916 Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECOI~D To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: March 4, 2003, by United States Certified Mail, Restricted Delivery. 3. Date of execution of the Affidavit of Consent ~equired by § 3301(c) of the Divo~rce Code: By Plaintiff ~ue{ ~ , 2004; by Defendant ~_~__, 2004. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in § 3301(c) Divorce filed with the Prothonotary: ~/20/~ , 2004. ! Date Defendant's Waiver o.f ~ot~ce in § 3301 (c) Divorce filed with the Prothonotary: ~/~3(~/~9.~ , 2004 Respectfully submitted, DISSIN~ER AND DISSIN~ER Date: ~ t { ' Wren ~. Ko~f~g~b6r~ Ahtorney for Plaintiff 28 N. 32nd Street Camp Hill, PA 17011 717-975-2840 cc: Mark A. Mateya, Esquire Amy V. wickard IN THe COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. AMY V. WICKARD, NO. 03-916 Plaintiff VERSUS Defendant DECREE IN DIVORCE Amy V. Wickard , PLAiNTifF, DECREED THAT AND Timothy E. wickard , 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 Marriage Separation Agreement of the parties dated, July 31 , 2004, is incoporated herein by reference, but not merged. ~" / PROTHONOTARY