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HomeMy WebLinkAbout07-4668~. JEFFREY A. NICKLE, Plaintiff vs. TINA A. NICKLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO . o ~_ yG G ~ ~ ( ~~-- IN DIVORCE N O T I C E T O D E F E N D 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, AWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, OU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO OT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 1-800-990-9108 717-249-3166 FFREY A. NICKLE, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION CINA A. NICKLE, N0. D 7- S+4 G g 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 ~f counseling and upon request of either provide both parties a list ~f qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage unselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 JEFFREY A. NICKLE, Plaintiff vs. INA A. NICKLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION N0. o7-4LG~ IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Jeffrey A. Nickle, a citizen of Pennsylvania, residing at 14 South Side Drive, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant is Tina A. Nickle, a citizen of Pennsylvania, residing at 14 South Side Drive, Newville, Cumberland County, Pennsylvania, 17241. 3. Plaintiff avers that there are no children under the age of eighteen (18) years born of the marriage. Plaintiff and Defendant are sui,~uris and have been bonafide ~sidents of the Commonwealth of Pennsylvania for at least six ~nths immediately preceding the filing of this Complaint. The parties are husband and wife and were lawfully married on ugust 15, 1992, in Cumberland County, Pennsylvania. The marriage is irretrievably broken. Neither Plaintiff nor Defendant are in the military or naval ervice of the United States or its allies within the provisions of he Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 nd its amendments. 8. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 9. 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 10. The prior paragraphs of this Complaint are incorporated herein oy reference thereto. I11. The marriage of the parties is irretrievably broken. 2. After ninety (90) days have elapsed from the date of the filing f this Complaint, Plaintiff intends to file an affidavit consenting o a divorce. Plaintiff believes that Defendant may also file such n affidavit. 13. 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, ?laintiff 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 14. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 15. The marriage of the parties is irretrievably broken. 16. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file his affidavit of having lived separate and apart. 17. 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 his 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 18. The prior paragraphs of this Complaint are incorporated herein ~y reference thereto. 19. 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. ?0. 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. Respectfully submitted, DISSINGER and DISSINGER ,~ ~ ~~~~ Mary A. Etter Dissing Attorney for Plaintiff Supreme Court ID # 27736 400 South State Road Marysville, PA 17053 (717) 957-3474 VERIFICATION I, Jeffrey A. Nickle, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. X4904 relating to unsworn falsification. Jei'rrey ~. Nickle, Plaintiff C ~~ 'L a_, ~r±, f. , -rl- ~ ~ L. -p ~ (~ W ~ cam.` ~ ~ ~ ~ W ~C a , c; N 0 c~ ~i'7 +J tTt r~--- I.i ~.~.~ f ~' ~ ~1/ ~, t~ C:tA Cn "~ Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclavna.dzmmglaw. com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY A. NICKLE, Plaintiff v. TINA A NICKLE, Defendant Docket No. 2007-4668 CIVIL CIVIL ACTION - AT LAW In Divorce PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, Tina A. Nickle, in the above- captioned matter. DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: (f "~ gy: In say G 'ch clay, Es ' e Attorney I. . No. 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Defendant cc: Mary A. Etter Dissinger, Esquire, 400 South State Road, Marysville, PA 17053 (Attorney for Plaint. --j .--~ ~ - _ _ _ .. CJ j ~ S.. ~- „~ ', ,. ,,.,:,a ~ ~ 1'. _ _ ~ 1 ". """ 'y~ . .-~ [\.~ .~ . AFFIDAVIT OF MAILING JEFFREY A. NICKLE, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA vs. . CTVIL ACTION TINA A. NICKLE, NO. ~;'i '7 - `f(~ (~ (~ Defendant IN DIVORCE Mary A. Etter Dissinger, Esquire, attorney for Plaintiff, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, a true and correct copy of the Plaintiff's Complaint in Divorce in this action to the Defendant at his residence, and that Defendant did receive same as evidenced by the signed receipt dated August 10, 2007 attached hereto as Exhibit ..A.. . ._ ~~r~ Mary A. Etter Dissinger Esquire Attorney for Plaintiff 400 South State Road Marysville, PA 17053 (717} 957-3474 Sworn to and subscribed before me this rte'=`'day of ~~ L.t -t 2007 . NO~OIIIIAL TEAL '" 11NA 1AAl1E MOIMfi NolorY wA~ MAIMIIIIEE OOR011011.4aN OOIMrIII Mq- CamNiNon Etr1M~ QA ~1.'004 ~s~As ~~ :~ ~~ ti ~:ia~ =3 Y'fl~i3~1 ,+tlC~AC#~i ~1l~.`e'~t~'Y4~A w ^ Complete items 1, 2, and 3. Also complete Ibm 4 ff Restricted Delivery is desired. ^ PrMtt your name and address on the reverse eo that we can return the card to you. • Allach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: T - ~ a ,,~. i(1,~ c. ~~ ~ ~. ~ ~I Sow-+ti, S,•~ r~ ~' ~ ~Ve~ ,,, ale P/d- ~~ a. ~ A. Signature B.r ecelved by (Printed Name) C. to of DeNwry C.e~ A . ~~~s ~, l o - 01 D. Is delivery address different from hem 17 ^ Yes If YES, enter delivery address below: ^ No 3. Servk~ Type' ~Certtfled Miail ^ Express Mail O Registered ^ Return Receipt for MerchorrlNe ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ~ 2. Amide Number 7 0 2 0 8 6 0 ~ ~ 0 4 2 517 914 6 (7tanster fnxn service -abetJ PS Form 3811,. February 2004 Dom..ib RKun R~Ipt taasas~-M-tsw EXHIBIT "A" ~'? ~~ r ~ C_.? ~ h _.'1 C ~ ` _ f~, . -iy f"~. ~a ~` . ,,.,~ . ~ c ~ ~ -;; ~ ` .f ~-,.~ JEFFREY A. NICKLE, Plaintiff vs. TINA A. NICKLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION N0. FC 2007-4668 IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST 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 August 7, 2007 and served on August 10, 2007. 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. 5. 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 Divorce are being filed with the respective consent documents. Waiver of Notice in ~3301(c) Prothonotary as a part of their 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: ~I'~y' ~~ ffrey A. Nickle, Plaintiff CJ N ~° C7 ~ ~'~. -..: 'xt ~a'~ ~ a _ :- ~_ .~ C-a ~'~:. ..,~ -rj ` ~ a° Sys ~ ':"' .~ i'tT ~~ ~ C.,~ ..~ Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclay~cildzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY A. NICKLE, Plaintiff v. TIN A A NICKLE, Defendant Docket No. 2007-4668 CIVIL CIVIL ACTION - AT LAW In Divorce AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 7, 2007. 2. The mamage 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 after service of the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit 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., Section 4904 relating to unsworn falsification to authorities. Date: ~\ - Q, - o~ ~~i~~~ C1 Tina A. Nickle, Defendant '+~;~~ q ;~~?' ,~> r~`: ~_ r ~ f.r~.'_, `~V .7.~ •, ... t,~ ~~~ ~c Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 1 marl ay~c~dzmmglaw. com JEFFREY A. NICKLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2007-4668 CIVIL v. TINA A NICKLE, Defendant CIVIL ACTION - AT LAW In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, 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 I further understand that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct 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: 1\ - ~ - O-l ~o ^~~.. Tina A. Nickle, Defendant ~ ~ t~~r t.~ ~- ~ ~-' r -~- -:7 ;"' ~. _...! ~ i ~;; f " ~'~' - ; j a, ~~~ q` ~' . ~e~ • • Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclay<~dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY A. NICKLE, Plaintiff No. FC 2007-4668 v. C1VII, ACTION -LAW TINA A. NICKLE, Defendant (In Divorce) PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made this ~~ ~ay of G C'~ ~ , 2007, BY and BETWEEN Jeffrey A. Nickle of 14 South Side Drive, Newville, Cumberland County, Pennsylvania, hereinafter referred to as Husband, A N D Tina A. Nickle, whose current address is also J~3+South Side Drive, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS R.1: The parties hereto were Husband and Wife, having been joined in marriage on August 15, 1992; and R.2: Two (2) children were born to the parties, namely, Danielle, whose date of birth is January 1, 1985, and Tonya, whose date of birth is August 15, 1986; however, both of the parties' children are over the age of eighteen (18) at the time of execution of this Agreement; and • • R.3: Differences have arisen between the parties, in consequence of which Husband filed a Complaint in Divorce on August 7, 2007; and R.4: The parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which, although still physically living in the same residence, they are living separate and apart; and R.S: It is the desire and intention of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and R.6: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates; and R.7: The parties desire to resolve all claims pending between them, including the settlement of all of their respective property rights and other rights growing out of their marriage relationship including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs; and -2- • • R.8: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by Lindsay Gingrich Maclay, Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, and that Husband has been independently represented by Mary A. Etter Dissinger, Esquire, of Dissinger and Dissinger; and R.9: Both Husband and Wife each covenant that they have made full and complete disclosure to the other of his and her respective property holdings and income; and R.10: Each party has had an opportunity to verify the financial disclosure of the other. Discovery, if any, has been conducted to the satisfaction of each party. Each party has had the opportunity to investigate further the financial disclosure of the other, and has had access to any desired books and/or records to investigate further. Each party had an opportunity to do an independent valuation of the assets, liabilities and income of the other party. To the extent either party decided not to pursue further discovery and investigation, he or she did so voluntarily and specifically waives the right to challenge this Agreement based on the absence of full and fair disclosure. NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows: -3- • • (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Neither party shall disparage or discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either party. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarred except as maybe necessary to carry out the terms of this Agreement. (2) DIVORCE: The parties acknowledge that the marrage is irretrievably broken and that they will secure a mutual consent no-fault divorce Decree in the above- captioned divorce action. On or after November 7, 2007, but no later than November 15, 2007, the Parties shall execute the Affidavits of Consent and Waiver of Notice Forms necessary to finalize the Divorce. Counsel for Wife shall immediately thereafter forward Wife's Affidavit and Waiver to Counsel for Husband, which shall be received by Counsel for Husband no later than November 20, 2007. The Affidavits and Waivers, along with the Praecipe to Transmit the Record shall be filed in the Cumberland County Prothonotary's Office by Counsel for Husband on or before November 26, 2007. -4- • • If either Party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement for which the other party may receive counsel fees and sanctions. Said breach does not entitle either party to seek termination, or invalidation, of this Agreement, nor does it permit the other party to assert the agreement as void for failure to execute the Consent and Waiver. (3) REAL PROPERTY: The parties are joint owners of certain real property located at 14 South Side Drive, Newville, Cumberland County, Pennsylvania (hereinafter "Marital Residence"). The Parties have agreed to list and sell the Marital Residence. The parties have entered into an agreement for the sale of the Marital Residence, at a sale price of One Hundred Twelve Thousand Five Hundred ($112,500.00) Dollars. Settlement is slated to occur on September 28, 2007. The Parties specifically agree that the net proceeds from the sale of the Marital Residence, after deduction of all expenses, fees and taxes in connection with the sale; then after satisfaction of any existing liens, including, but not limited to, the existing joint first mortgage with a balance of approximately Sixty-Four Thousand Five Hundred Ninety-Eight ($64,598.00) Dollars, and the existing second mortgage with a balance of approximately Fifteen Thousand Fifty-Three ($15,053.00) Dollars, and the home equity loan with a balance of approximately Three Thousand Eight Hundred Eighty-Six ($3,886.00) Dollars, the parties shall use the proceeds to pay in full the loan associated with the 2005 Harley Davidson motorcycle. After payment of these obligations, all remaining proceeds shall be paid to Wife. -5- • (4) DEBT: • A. MARITAL DEBT: Other than the debts enumerated herein, Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations of which they are aware or for which the other might be liable incurred prior to the signing of this Agreement. The Parties acknowledge that the balances on the following debts will be paid by Husband and Husband agrees to remove Wife's name from the obligations either simultaneously with the execution of this Agreement, or, if he cannot simply remove Wife's name, Husband will refinance the obligations solely into his name within ninety (90) days of the date of execution of this Agreement: - The Sears Credit Card, account number ending in 2372, which as of August 2007 had an approximate balance of One Thousand Ten ($1,010.00) Dollars; and - The American Express Card, account number ending in 01009, which as of August 2007 had an approximate balance of Four Thousand One Hundred ($4,100.00) Dollars; and - The Visa Credit Card, account number ending in 5806, which as of August 2007 had an approximate balance of Five Thousand Seven Hundred Two ($5,702.00) Dollars; and - The Arkansas Signature Loan, which as of August 2007 had an approximate balance of One Thousand One Hundred Ninety ($1190.00) Dollars; and - The 2003 Harley Davidson motorcycle loan with Member's 1 S` Federal Credit Union, which as of August 2007 had an approximate balance of Eleven Thousand Four Hundred Fiffy-Six ($11,456.00) Dollars; and - The loan on the utility trailer with Member's 1 S` Federal Credit Union, which as of August 2007 had an approximate balance of One Thousand Six Hundred Ninety-Eight ($1,698.00) Dollars; and - The AES student loan with PNC Bank, which as of August 2007 had an approximate balance of Five Thousand Six Hundred ($5,600.00) Dollars; and - The Member's 1 S` Federal Credit Union loan for the 1994 Chevrolet Pick-Up Truck, which as of August 2007 had an approximate balance of One Thousand Four Hundred Twenty-One ($1,421.00) Dollars. -6- • • Simultaneously with the execution of this Agreement, Husband shall assume and timely pay, as required, the obligations listed above. Husband shall indemnify and hold harmless Wife with regard to the above obligations as of the date of execution of this Agreement. The Parties acknowledge that the balances on the following debts will be paid by Wife and Wife agrees to remove Husband's name from the obligations either simultaneously with the execution of this Agreement, or, if she cannot simply remove Husband's name, Wife will refinance the obligations solely into her name within ninety (90) days of the date of execution of this Agreement: - The GM Credit Card, account number ending in 5715, which as of August 2007 had an approximate balance of Six Thousand ($6,000.00) Dollars; and - The Member's ls` Federal Credit Union loan for the 2003 Ford Explorer Sport truck, which as of August 2007 had an approximate balance of Twelve Thousand One Hundred Four ($12,104.00) Dollars. Simultaneously with the execution of this Agreement, Wife shall assume and timely pay, as required, the obligations listed above. Wife shall indemnify and hold harmless Husband with regard to the above obligations as of the date of execution of this Agreement. B. POST SEPARATION DEBT: Except as otherwise herein provided, in the event that either Party contracted or incurred any debt since the date of separation on August 9, 2007, the Party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C. FUTURE DEBT: Except as otherwise herein provided, from the date of this Agreement neither Party shall contract or incur any debt or liability for which the other Party or his or her property or estate might be responsible and shall indemnify and save harmless the other Party from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other Party. -7- • • (5) MOTOR VEHICLES: The Parties acknowledge that they jointly hold title to a 1994 Chevrolet Pick-Up Truck, to a utility trailer, and to a 2003 Harley Davidson Motorcycle, which are all in Husband's possession. Wife hereby relinquishes any right, title or interest she may have in and to the vehicles currently in Husband's possession. Husband shall acquire and maintain separate insurance on the vehicles currently in his possession. Husband shall, from the date of execution of this Agreement, hold harmless and indemnify Wife from any loss thereon. Pursuant to Paragraph 4(a), above, Husband specifically agrees to assume full responsibility and pay in due course, any encumbrances on the vehicles currently in his possession. Within thirty (30) days of the date of this agreement, or within ten (10) days of receipt of the title, the parties shall execute any and all documents necessary to have said vehicles properly registered solely in Husband's name with the Pennsylvania Department of Transportation. The parties further acknowledge that they jointly hold title to a 2003 Ford Explorer Sport Truck and a 2005 Harley Davidson Motorcycle, all of which are in Wife's possession. Husband hereby relinquishes any right, title or interest he may have in and to the vehicles currently in Wife's possession. Wife shall acquire and maintain separate insurance on the vehicles currently in her possession. From the date of execution of this Agreement, Wife shall hold harmless and indemnify Husband from any loss thereon. Pursuant to Paragraph 4(a), above, Wife specifically agrees to assume full responsibility and pay in due course, any encumbrance on the vehicles currently in her possession. Within thirty (30) days of the date of this agreement, or within ten (10} days of receipt of the title, the parties shall execute any and all documents necessary to have said vehicles -8- • ~ properly registered solely in Wife's name with the Pennsylvania Department of Transportation. (6) TANGIBLE PERSONAL PROPERTY: The Parties hereto agree that they shall attempt to amicably divide the tangible personal property in the Marital Residence. If the parties are unable to agree, each party shall independently make a list of personal property that they desire to keep. The parties shall then compare the lists. Any items that appear on both Husband's and Wife's lists shall be divided as follows: Wife shall have first pick of one disputed item. Once Wife picks her item, Husband shall then be entitled to pick two (2) items since Wife received first pick. Then Husband shall pick one disputed item. Wife will then be entitled to pick two (2) items and so forth until all disputed items are divided. Once the parties have reached a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, each party shall, from and after the date hereof, be the sole and separate owner of all such property whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Except as otherwise provided herein, each Party hereto hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits, including retirement -9- • • accounts, savings plans, pension plans, stock plans, 401(k) plans, 403 (b) plans and the like. The Parties acknowledge that Husband has a 401(k) through his employment with ABF Freight System (hereinafter "ABF 401(k)"). As of June 2007, the approximate value of Husband's ABF 401(k) was Seventeen Thousand Two Hundred Forty-Seven ($17,247.00) Dollars. Wife acknowledges that she has been informed of her right to request documentation of or obtain an independent appraisal and/or valuation of Husband's ABF 401(k} and any marital interest she may have therein, and notwithstanding same, Wife hereby forever waives and relinquishes any right, title interest or claim she might otherwise have in and to Husband's aforesaid ABF 401(k). The Parties acknowledge that Husband has a Teamster's Pension through his employment with ABF Freight System (hereinafter "Teamster's Pension"). As of August, 2007, the approximate value of Husband's Teamster's Pension was unknown1. Wife acknowledges that she has been informed of her right to request documentation of or obtain an independent appraisal and/or valuation of Husband's Teamster's Pension and any marital interest she may have therein, and notwithstanding same, Wife hereby forever waives and relinquishes any right, title interest or claim she might otherwise have in and to Husband's aforesaid Teamster's Pension. Wife, Tina A. Nickle, is the spouse of Jeffrey A. Nickle. Wife understands that she may have the right to have the ABF 401(k) or the Teamster's Pension pay her spouse's retirement benefits in the special QJSA payment form; however, she agrees to give up that right. She understands that by signing this Agreement, she may receive less ~ Wife has not attempted to independently verify the value of this asset, nor has she seen any statements regarding the value of this pension. Wife is hereby waiving her right to seek valuation or confirmation of the value of this asset. -10- • • money than she would have received under the special QJSA payment form and she may receive nothing after Husband dies depending on the payment form or beneficiary that Husband chooses. Wife understands that by signing this Agreement, Husband can choose any retirement benefit form and/or any beneficiary that is allowed by the plan without telling Wife and without obtaining Wife's agreement. Wife also understands that Husband can change the retirement benefit form selected and/or the name of the beneficiary at any time before retirement begins without telling Wife and without getting Wife's agreement. Wife understands that she can limit Husband's choice to a particular retirement benefit form and/or a particular beneficiary who will receive payments from the plan after the death of Husband and that by signing this Agreement, she is giving up that right. She understands that she does not have to sign this Agreement. She acknowledges that she is signing this Agreement voluntarily. She further understands that if she does not sign this Agreement, then she could receive payments from the plan in the special QJSA payment form. The Parties acknowledge that Wife has a 401(k) plan held by Prudential through her employment with Wiremold (hereinafter "Wiremold 410(k)"). Wife's Wiremold 401(k) was worth One Thousand Five Hundred Twenty-Nine and 37/100 ($1,529.37) Dollars as of August 10, 2007. Husband acknowledges that he has been informed of his right to obtain an independent appraisal andlor valuation of Wife's Wiremold 401(k) and any marital interest he may have therein, and notwithstanding same, Husband hereby forever waives and relinquishes any right, title, interest or claim he might otherwise have in and to Wife's aforesaid Wiremold 401(k). -11- C~ The Parties acknowledge that Wife has a retirement plan held by Prudential through her employment with Wiremold (hereinafter "Wiremold Retirement"). Wife's Wiremold Retirement was worth Eight Thousand Seventy-Three and 49/100 ($8,073.49) Dollars as of August 10, 2007. Husband acknowledges that he has been informed of his right to obtain an independent appraisal and/or valuation of Wife's Wiremold Retirement and any marital interest he may have therein, and notwithstanding same, Husband hereby forever waives and relinquishes any right, title, interest or claim he might otherwise have in and to Wife's aforesaid Wiremold Retirement. Husband, Jeffrey A. Nickle, is the spouse of Tina A. Nickle. Husband understands that he may have the right to have Wife's Wiremold 401(k) or Wiremold Retirement pay him spouse's retirement benefits in the special QJSA payment form; however, he agrees to give up that right. He understands that by signing this Agreement, he will receive no money from Wife's TSAT and he understands that he waives any right that he may have to receive the special QJSA payment form. Moreover, he understands that by signing this Agreement he will receive nothing after Wife dies depending on the payment form or beneficiary that Wife chooses. Husband understands that by signing this Agreement, Wife can choose any retirement benefit form and/or any beneficiary that is allowed by the plan without telling Husband and without obtaining Husband's agreement. Husband also understands that Wife can change the retirement benefit form selected and/or the name of the beneficiary at any time before retirement begins without telling Husband and without getting Husband's agreement. -12- • • Husband understands that he can limit Wife's choice to a particular retirement benefit form and/or a particular beneficiary who will receive payments from the plan after the death of Wife and that by signing this Agreement, he is giving up that right. He understands that he does not have to sign this Agreement. He acknowledges that he is signing this Agreement voluntarily. He further understands that if he does not sign this Agreement, then Husband could receive payments from the plan in the special QJSA payment form. (8) LIFE INSURANCE: To the extent that either of the Parties have life insurance policies, simultaneous with the execution of this Agreement, those policies shall become the sole and separate property of the individual owning the policy. Nothing in this Agreement will prevent either Party from designating beneficiaries under or encumbering their respective life insurance policies. (9) AFTER-ACQUIRED PROPERTY: Each of the Parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. (10) WAIVER OF ALIMONY: The Parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each Party waives any claim he or she may have, one against the other, for alimony, spousal support or alimony pendente lite. -13- • • (11) DIVISION OF BANK ACCOUNTS: The Parties acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this AgreementZ. (12) TAX MATTERS: The Parties have negotiated this Agreement with the understanding and intention to divide their mutual property. The Parties have determined that such division conforms to a right and just standazd with regard to the rights of each Party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the Parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. (13) ATTORNEY'S FEES: Except as otherwise provided herein, each of the Parties waives the right to receive a payment for counsel fees from the other, and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. (14) ADVICE OF COUNSEL: The Parties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by Lindsay Gingrich Maclay, Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, and Husband has 2 Wife understands that Husband has a bank account with Arkansas Best Freight Credit Union; however, Wife has no access to this account and has no knowledge of the value of this account. She understands that she has a right to request documentation regarding the balance in this account; however, she is waiving that right. -14- • • been independently represented by Mary A. Etter Dissinger, Esquire, of Dissinger and Dissinger. Each Party acknowledges that they fully understand the facts and have been fully informed of their legal rights and obligations and each accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this 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. (15) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the Parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other Party, within ten (10) days of any request to da so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (16) INCOME TAX: The Parties hereby acknowledge that they plan to file separate federal, state, and local income tax returns for the tax year of 2007 and all ongoing years. The Parties hereto agree that Wife shall be entitled to take any of the mortgage interest, real estate taxes and any other deductible expenses paid for 2007 on the Marital Residence for purposes of claiming said deduction on her tax return. Should the Parties owe any tax liability or receive any returns on any and all taxes filed jointly by the Parties during the course of their marriage, the Parties hereto agree to equally divide any such tax liability and/or tax return. -15- • • (17) BANKRUPTCY: The Parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a Party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other Party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the Parties' marital assets and all other rights determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. (18) COMPLETE DISCLOSURE: The Parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (19) WAIVER OF APPRAISALS: The Parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of all assets, including, but not limited to the real estate, the personal property, the vehicles, and 401K's and retirement accounts, some or all of which were acquired during the marriage and therefore constitute marital property. However, the Parties have determined that they will not undertake the expense to have these items appraised and/or valuated, and that the division of property as set forth in this Agreement, represents a fair and equitable distribution. -16- • • (20) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (21) FULL SETTLEMENT: Except as herein otherwise provided, each Party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have, or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither Party shall have any obligation to the other not expressly set forth herein. Except for any cause of action for Divorce which either Party may have or claim to have, and except for the obligations of the Parties contained in this Agreement and such rights as are expressly reserved herein, each Party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either Party ever had or now has against the other. -17- (22) RELEASE OF ALL CLAIMS: Except as otherwise provided herein, Each Party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators or assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the Parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, courtesy, widow's rights, family 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 state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a Divorce Decree are intended to defeat the right of either Party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either Party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. (23) SEPARABILITY OF PROVISIONS: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this -18- • • Agreement and in all other respects this Agreement shall continue in full force, effect and operation. (24) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (25) INCORPORATION INTO DIVORCE DECREE: T'he Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the Parties. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the Parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contact itself at law or in equity, or in any enforcement action filed to the Divorce Caption. (26) BREACH: In the event that either Party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other Party. In the event of breach, the other Party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. -19- • • (27) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the Parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (28) AGREEMENT BINDING ON PARTIES AND HEIRS: It is understood and agreed that not only the Parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. (29) DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the Parties if they have executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the Party last executing this Agreement. (30) PRESERVATION OF RECORDS: Each Party will keep and preserve for a period of four (4) years from the date of their Divorce Decree all financial records relating to the marital estate, and each Party will allow the other Party reasonable access to those records in the event of tax audits. (31) WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both Parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. -20- • • (32) 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 Agreement 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 similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. (33) HEADINGS NOT A PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: Mary A. Etter Dissinger, Esquire Attorney for Plaintiff i say Gin ' h Ma U ay, Esqu e At orney for efendant ~' Jeffrey A. Nickle, Plaintiff ~A~ r ~~~_ Tina A. Nickle, Defendant -21 - •'/~. ,~, . , f ,:~ ~```?~ s,. t .} ,~~, , ~~ `r~' ~~~ ~ ~'-, ~~ ~: '~ `. ~., t`> ~~ ~,.,., ~ C'7 (+"! ~T ~ '; ~ 'i I ~ ~) ,L ~ .r ~ ~ '~ ~Pt ....-~ S..w' <~ ~ _,~ J.a` ~ rr V JEFFREY A. NICKLE, . Plaintiff . vs. . TINA A. NICKLE, . Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION N0. FC 2007-4668 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: 1. Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: August 10, 2007, by United States Certified Mail, Restricted Delivery. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: By Plaintiff November 14; by Defendant November 8, 2007. 4. Related claims pending: none. 5. Date Plaintiff's Waiver of Notice in § 3301(c) Divorce filed with the Prothonotary: ~/ c Date Defendant's Waiver f otice in § 3301(c) Divorce filed with the Prothonotary: ~ ~ P~ q~ Respectfully submitted, DISSINGER & DISSINGER te: ~//(~ ~~ ~ Mary A. er Dissinger Attorney for Plaintiff 400 South State Road Marysville, PA 17053 717-957-3474 ~c: Lindsay Gingrich Maclay, Esquire Jeffrey A. Nickle C'~ "''~ t=:.~ ~ ~ ~ ; ~ =' !'~ ts~ Vi=i ~-' . ^~:,_ ,... /~ mow.. I~T~ ~ ~~"'T, f{ ` ~ I N THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. JEFFREY A . NICKLE ~~', -~ ;:~ PLAINTIFF FC 2007-4668 NO. VERSUS TINA A. NICKLE DEFENDANT DECREE IN DIVORCE AND NOW, ~ u0U'G"'~` L~ ~ a~. IT IS ORDERED AND JEFFREY A. NICKLE DECREED THAT PLAINTIFF, AN D TINA A. NICKLE 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; The Marriage Separation Agreement of the parties dated OCTOBER 16, 2007, is hereby incorporated but not merged. r y P v T .. ~ ~~..-_ ~ '~°u, ~~~~ / ~ ~~~! ~ f ~0 • Q~ ~~ f *.,