Loading...
HomeMy WebLinkAbout08-37670 HEATHER WICKARD, PLAINTIFF vs. DALE G. WICKARD, III, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA D? 37107 NO. CIVIL TERM : CIVIL ACTION -LAW : ACTION FOR DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you. 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 the Cumberland County Courthouse, One 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 1-800-990-9108 HEATHER WICKARD, PLAINTIFF VS. DALE G. WICKARD, III, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA 'o8- 3767 NO. CIVIL TERM : CIVIL ACTION -LAW : ACTION FOR DIVORCE COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, HEATHER WICKARD, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Finn of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce. 1. Plaintiff is HEATHER WICKARD, an adult individual, who currently resides at 350 Mitchell Road, Perry County, Pennsylvania, 17074 and has resided in Perry County for three (3) months. 2. Defendant is DALE G. WICKARD, III, an adult individual, who currently resides at 8 Raylen Drive, Boiling Springs, Cumberland County, Pennsylvania, 17007-9776. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on December 28, 2002. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Plaintiff has never been a member of the United States Military Service. Defendant was a member of the United States Military Services, but not for any length of time which affects this marriage. 9. Plaintiff and Defendant have two (2) children from their marriage, LOGAN WICKARD, born on May 10, 2005 and JAKOB WICKARD, born on January 3, 2007. There is a custody action in Cumberland County docketed at 2008-1919, for this custody matter. COUNT I - REQUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, HEATHER WICKARD, respectfully requests the court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. Dated: June, 2008 Respectfully submitted, LAW FIRM OF SUSAN KAY Susan Kay Can ' lo, s?i Counsel for P fntI PA I.D. # 649w.-, 4010 Glenfinnan Place Mechanicsburg PA 17055 (717) 724-2278 P.C. VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DATED:Sunt Z'?, 00 5 -L?I( k ) I J? LCbAA HiffATRERWIC&OD N e CrP C 0 HEATHER WICKARD, PLAINTIFF VS. DALE G. WICKARD, III, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0$_3? CAVIL TERM : CIVIL ACTION -LAW : ACTION FOR DIVORCE ACCEPTANCE OF SERVICE TO THE PROTHONOTARY: I hereby accept service of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code, in the above matter. Respectfully submitted, Dated: Surw_ c?G, , 2008 ALE G. WICKARD, III Defendant e c? S-11 HEATHER WICKARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DALE G. WICKARD, III, NO. 08-3767 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 26, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Dater I i aoo v Heather ickard/Plaintiff a. C - ? ..-e _ ?'i'- _. . ? 4 J ; '"" 4 . _ ?,,. r... .. '??y _ .+?- `(,? i? t HEATHER WICKARD, Plaintiff V. DALE G. WICKARD, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 08-3767 CIVIL TERM 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 that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: D ao / Bather Wi d/Plaintiff C ^' HEATHER WICKARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DALE G. WICKARD, III, NO. 08-3767 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 26, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: ' F J Dale G. Wickard/Defendant ?7 t?) r' - ? ,ts ?c't + _ - i_."', ,... ..? {!? _ '? ^? - ' ?,?' , . c ??? . ?.r HEATHER WICKARD, Plaintiff V. DALE G. WICKARD, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 08-3767 CIVIL TERM 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 that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unworn falsification to authorities. / Date:= //7)AIJ Dale G. Wickard, Defendant t.? to ,..y J 5 ?: C 1 HEATHER WICKARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DALE G. WICKARD, III, : NO. 08-3767 CIVIL TERM Defendant : IN DIVORCE MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this 10 day of 2008, between Heather Wickard (hereinafter called "Wife") and Dale G. Wickard, III (hereinafter called "Husband") WITNESSETH: Diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without limitation: (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and of Husband by Wife; and (3) in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT PREDICATED UPON DIVORCE It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for the institution, prosecution, defense or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds, nor to prevent either party from defending any such action which may, has been, or shall be instituted by the other party, or from making any just or proper defense thereto. The parties further agree that they will each sign the Affidavit of Consent and Waiver of Notice after the required ninety (90) day time period has elapsed when such a divorce procedure is instituted. 2. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Susan Candiello, Esquire, for Wife, and Vincent M. Monfredo, Esquire, for Husband. Each party acknowledges that she or he has received independent legal advice from counsel of her or his selection and that each fully understands the facts and has been fully informed as to her or his legal rights and obligations and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue 2 influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 3. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 4. PERSONAL PROPERTY Wife and Husband do hereby acknowledge they have heretofore divided the marital property, including, but without limitation, jewelry, clothes, furniture and other personalty, and hereafter, Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and, Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other. 3 5. REAL PROPERTY Wife hereby agrees to convey, transfer and grant to Husband, her right, title and interest in the real estate situated and located at 18 West Springville Road, Boiling Springs, Pennsylvania. From the date of this Agreement, Husband agrees to assume as his sole obligation any and all mortgage payments, taxes, claims, damages or other expenses incurred in connection with said premises, and Husband agrees and covenants to hold Wife harmless from any such liability or obligation. Wife hereby agrees to execute any and all documents necessary to transfer said right, title and interest to Husband within thirty (30) days of the date of execution of this Agreement. Wife has pointed out that there may be a rebate or refund associated with the mortgage or ownership of the property at property at 18 West Springville Road, Boiling Springs, Pennsylvania. Husband is unaware of any refund or rebate that Wife has been mentioning. However, if a rebate or refund is received as part of Husband and Wife's ownership in this property, the parties shall split such rebate or refund or money received. The property in question is Husband's and he is free to do what he wishes with it, once Wife has signed this agreement and the Deed. Husband is free to keep the property or sell it. Any money received from the sale of the property is Husband's alone and Wife has no right to it. 6. SUPPORT The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves and the children who may live with them, sufficient financial resources to provide for their comfort, 4 maintenance and support, in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, support or maintenance. It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. Child support is still an open issue and the custodial parent may seek it at any time. 7. LIABILITIES During the course of the marriage, Wife and Husband have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that Husband shall be responsible for all bills, obligations and debts arising from the marriage which were incurred prior to date of separation, except: the parties agree that they will both be responsible for the balance due and owing on the PSECU loan, meaning each party will owe one-half of the total amount of the said loan. As of the date of this agreement both parties hereby agree that they will not incur anymore charges to the aforementioned loan. The parties also agree that the either party can pay their half of the balance due and owing to the PSECU loan at anytime. 8. LEGAL FEES Wife hereby agrees to waive any right to alimony pendente lite and each party agrees to be responsible for her or his own legal fees and expenses. 5 9. NO BAR TO FURTHER PROCEEDINGS . This Agreement shall not be 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. It is agreed that this Agreement shall not be impaired by any divorce decree which may be granted but shall continue in full force and effect notwithstanding the granting of any such decree. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either parry 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. 10. MUTUAL RELEASE Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar 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 (a) Pennsylvania, (b) any State, Commonwealth or territory of the 6 United States, or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 11. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least 30days after demand therefore) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectually the terms of this Agreement. Wife hereby agrees that she will instruct her attorney to take immediate action to have the Final PFA Order entered on March 20, 2008, at Docket No. 08-983, vacated. 7 12. SUCCESSORS' RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 13. ENTIRE AGREEMENT Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other term, condition, clause or provision of this Agreement. 14. BINDING EFFECT OF AGREEMENT This Agreement shall remain in full force and effect unless and until terminated 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 not be construed as a waiver of any subsequent default of the same or similar nature 15. SEVARABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law, or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be 8 valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 16. BREACH / ENFORCEMENT Any party breaching this agreement is liable to the other parry for all costs and counsel fees reasonably incurred by the non-breaching party to enforce his or her rights under the Martial Settlement Agreement subsequent to the date of the signing of this Agreement. The aggrieved party may file in either law or equity, in any court of competent jurisdiction, including, but not limited to the county in which they or the opposing party reside. Should either party fail in the due performance of the terms under this Agreement, the other party shall be able at his or her discretion to sue for performance or for damages for a breach of the Agreement. The party who is deemed to have failed in the due performance of the terms hereunder shall be liable for all reasonable costs and expenses incurred by the other in suing for performance or for damages for breach of the Agreement, including counsel fees. 17. HEADINGS 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 meanings, construction or effect. 18. EFFECTIVE DATE The effective date of this Agreement shall be the date upon which it is executed; however, the transfer of the property provided for herein shall only take place upon the entry of a 9 final decree in divorce, unless otherwise indicated. The support provisions of this Agreement shall take effect as indicated. Notwithstanding the foregoing, if a final decree in divorce shall not have been obtained within four (4) months from the date of execution of this Agreement, this Agreement shall be null and void. 19. CONTROLLING LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and in counterparts, and Wife and Husband, as parties hereto, acknowledge the receipt of a duly executed copy hereof. Wi Witness L Heat er Wic ife ??/Zj Dale G. Wickard, III/Husband 10 COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND On this, the day of 2008, before me, the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally appeared Dale G. Wickard, III and in due form of law acknowledged the above Agreement to be his act and deed and desired the same to be recorded as such. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Tammle L Paters, Notary Pubic carYNa s3oro, Q,mberlar? W Ca V*Nion Eow Sept 99 2011 Memiaer, Pennsylvania Association of Notaries 11 COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND 1 On this, the,! day of U ( h bfd , 2008, before me, the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally appeared Heather Wickard and in due form of law acknowledged the above Agreement to be her act and deed and desired the same to be recorded as such. NOM?1 C1M 11 1 Co GONNOU" Comm M? C?MM?? yMiiMM?1in lii? Notary Publi 41 12 Aw- r : _J S ,3 'r7 HEATHER WICKARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DALE G. WICKARD, III, NO. 08-3767 CIVIL TERM Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service, June 26, 2008, Filed on June 27, 2008. 3. Date of execution of the affidavit of consent required by § 3301(c) of The Divorce Code: by the Plaintiff February 18, 2009; by the Defendant February 19, 2009. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 19, 2009. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 19, 2009. Date: ;,7 Z3 , 2009 -? 10, Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID No. 206671 CA) M1 Oj HEATHER WICKARD V. DALE G. WICKARD, III DIVORCE DECREE AND NOW,,( rya-,, _ zoo , it is ordered and decreed that HEATHER WICKARD , plaintiff, and DALE G. WICKARD, III , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") A Marital Settlement Agreement is incorporated into but not merged with the iv . By the Court, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3767 '. ? .. ` ? ` ?? ?--. ?! 83.E bQ(3l " ??? FILED,-OFF!'" OF THE PROTHONOTARY 20 13i P),t 10 PM Z, 4 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DALE G. WICKARD, III NO. 08-3767 vs. HEATHER L. WICKARD PETITION FOR ENFORCEMENT OF DIVORCE DECREE Plaintiff Dale G. Wickard, III,through its undersigned attorney,moves this honorable Court to grant its Petition for Enforcement of Divorce Decree. Plaintiff states the following in support of its petition: 1. Plaintiff is an adult male with a primary residence located at 305 Shughart Avenue, Boiling Springs,PA 17007. 2. Plaintiff and Defendant were married on December 28,2002. 3. Plaintiff and Defendant entered into a Marital Settlement Agreement dated October 14, 2008, and Plaintiff and Defendant were divorced on February 25, 2009 (Attached hereto as Exhibits A and B). 4. Paragraph 7 of the Marital Settlement Agreement states, "the parties agree that they will both be responsible for the balance due and owing on the PSECU loan, meaning each party will owe one-half of the total amount of the said loan" (Attached hereto as Exhibit A). 5. In accordance with this Agreement, Plaintiff had been sending Defendant payments of$50 each month towards the $100 minimum payment due on the PSECU loan. 6. At some point, Plaintiff and Defendant began making their payments separately, until both parties stopped making payments in November of 2011. 7. As of February 2013,the remaining balance on the loan is $2,915.85 (Attached hereto as Exhibit Q. 8. Since February 2013,Plaintiff has been making payments of$106.95 directly to National Recovery Agency,the collection agency handling this account, in an effort to protect his credit score (Attached hereto as Exhibit C) 9. Defendant is responsible for$53.48 of these monthly payments, and for$1,457.93 of the remaining balance of the loan. 10. Plaintiff sent a letter to Defendant and her attorney on April 11, 2013, informing Defendant of the details of the loan and requesting that she enter into a payment plan in order to bring Defendant up to date on her payments(Attached hereto as Exhibit D). 11. Defendant sent a letter to Plaintiff on April 19, 2013, stating that she is unable and unwilling to contribute to the loan payments (Attached hereto as Exhibit E). 12. Defendant is in breach of Paragraph 7 of the Agreement(Attached hereto as Exhibit A). 13. Plaintiff seeks to enforce his rights under Paragraph 16 of the Agreement,which states that, "Any party breaching this agreement is liable to the other party for all costs and counsel fees reasonably incurred by the non-breaching party to enforce his or her rights under the I Marital Settlement Agreement subsequent to the date of the signing of this Agreement. The aggrieved party may file in either law or equity, in any court of competent jurisdiction, including, but not limited to the county in which they or the opposing party reside" (Attached hereto as Exhibit A). WHEREFORE, Plaintiff requests that this Court grant its Petition for Enforcement of Divorce Decree, order Defendant to make payments in accordance with Paragraph 7 of the Agreement, and order Defendant to pay the legal fees and costs incurred by the Plaintiff in enforcing his rights under the Agreement. Respectfully submitted, lei)J a w , /I (W I Date: S d J Katherine L. McD ald, Esq. 2945 Quail Lane, York, PA 17408 (717) 887-7651 kmcd7787 @gmail.com Supreme Court ID No. 313633 CERTIFICATE OF SERVICE I, Katherine L. McDonald,Esq.,the undersigned,hereby certify that on , a true and correct copy of the Petition for Enforcement of Divorce Decree and Order were served on the following: Heather L. Wickard 113 Meals Drive Carlisle, PA 17013 BY: Date: S 0 Katherine L. McDo ald, Esq. 2945 Quail Lane, York, PA 17408 (717) 887-7651 kmcd7787 @gmail.com Supreme Court ID No. 313633 05/08/2013 16:44 7172434254 OFFICEMAX PAGE 01/62 i VE1�'ICA'T�OI�i I,We G. Wickard,III,hereby state that the facts above set forth are true and correct and that I expect to be able to prove the same at alhearing held in this matter..I understand that the statements herein are made subject to the penaltiea of 18 Pa.C.S. 4904(relating to unsworn falsification to authorities). i Date.!/ - �-.... ale Cr. Wickard, III i 05/03/2013 15:58 7172415373 UPS STORE PAGE 03/12 HEATHER WICKARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V, CIVIL ACTION-LAW DALE G. WICKARD,111, : NO.08-3767 CIVIL TERM Defendant : IN DIVORCE MAMTAL SETTLEMENT AGREEIMENT AGREEMENT,made this day of L 2008, between Heather Wickard (hereinafter called"Wife")and Dale G. Wickard,Ell(hereinafter called"Husband„). WITNESSETH.- Diverse unhappy differences,disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without limitation: (1)the settling of all matters between them relating to the ownership of real and personal property; (2)the settling of all matters between them relating to the.past present and&n=support and/or maintenance of Wife by Husband and of Husband by Wife; and(3)in general,the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE,in consideration of the premises and of the mutual promises,, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband,each intending to be legally bound hereby,covenant and agree as follows: Exhibit A 05103/2013 15:58 7172415373 UPS STORE PAGE 04/12 1, AGREEMENT NOT PREDICATED UPON DIVORCE It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for the institution, prosecution,defense or for the non-prosecution.or non-defense of any action for divorce; provided, however,that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise,upon just, legal and proper grounds, nor to prevent either party from defending any such action which may,has been,or shall be instituted by the other, party, or from making any just or proper defense thereto. The parties further agree that they wfll each,sign the Affidavit of Consent and Waiver of Notice after the required ninety(90)day time period has elapsed when such a divorce procedure is instituted, 2. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Susan Candiello,Esquire,for Wife,and Vincent M. Monfredo,Esquire,for Husband. Each party acknowledges that she or he has received independent legal advice from counsel of her or his selection and that each fully understands the facts and has been fully inforrued as to her or his legal rights and obligations and each patty acknowledges and accepts that this Agreement is,in the circumstances,fair and equitable and that it is being entered into freely and voluntarily,after having received such advice and with such knowledge and that execution of this Agreement is not the result of my duress or undue 2 05/03/2013 15:58 7172415373 UPS STORE PAGE 05/12 influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 3. PERSONAL RIGHTS Wife and Husband may and shall,at all times hereafter,live separate and apart. Each shall be free from all control, restraint,interference or authority,direct or indirect, by the other in all respects as fully as if she or he were unruarried. Each may reside at such place or places as she or he may select. Each may,for her or his separate use or benefit,conduct, cam on and engage in any business,occupation,profession or employment which to her or him may seem advisable. This provision shall not be taken,however,to be an admission on the part of either Wife or. Husband of the lawfulness of the causes which led to,or resulted in,the continuation of their living apart. Wife and Husband shall not molest, harass,disturb or malign each other or the respective families of each other,nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 4. PERSONAL PROPERTY Wife and Husband do hereby acknowledge they have heretofore divided the marital property,including,but without limitation, e personalty, d .jewelry,clothes,furniture and,other ers nalty, an hereafter,Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband;and,Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife. Each of the parties,does hereby specifically waive,release,renounce and forever abandon whatever claims,if any,she or he may have With respect to any of the above items which are the sole and separate property of the other. 05/03/2013 15:58 7172415373 UPS STORE PAGE 06/12 5. REAL PROPERTY Wife hereby agrees to convey,transfer and grant to Husband,her right,-title and interest in the real estate situated and located at 18 West Springville Road,Boiling Springs, Pennsylvania. From the date of this Agreement Husband agrees to assurne as his sole obligation any and all mortgage payments,taxes,claims,damages or other expenses incurred in connection with said premises,and Husband agrees and covenants to hold Wife harmless from any such liability or obligation. Wife hereby agrees to execute any and all documents necessary to transfer said right,title and interest to Husband within thirty(30)days of thedate of execution of this Agreement. Wife has pointed out that there may be a rebate or refund associated with the mortgage or ownership of the property at property at 18 West Springville Road,Boiling Springs, Pennsylvania. Husband is unaware of any reftmd or rebate that Wife has been mentioning. However, if a rebate or refund is received as part of Husband and Wife's ownership in this property, the parties shall split such rebate or refund or money received. The property in question is Husband's and he is free to do what he wishes with it,once Wife has signed this agreement and the Deed. Husband is free to keep the property or sell it. Any money received from the We of the property is Husband's alone and Wife has no right to it, 6. SUPPORT The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fwd with which to provide themselves and the children who may live with them,sufficient financial resources to provide for their comfort, 4 05/03/2013 15:58 7172415373 UPS STORE PAGE 07/12 maintenance and support, in the station of life in which they are accustomed. Wife and Husband do hereby waive,release and give Up any rights they May respectively have against the other for alimony,support or maintenance, It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. Child support is still an open issue and the custodial parent may seek it at any time. 7. LIABIIMES During the course of the marriage,Wife and Husband have incurred certain bills and obligations and have amassed a variety of debts,and it is hereby agreed,without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred,that Husband shall be responsible for all bills,obligations and debts arising front the marriage which were incurred prior to date of separation,except:the parties agree that they will both be responsible for the balance due and owing on the PSECU loan,meaning each party will owe one-half of the total amount of the said loan. As of the date of this agreement both parties hereby agree that they will not incur anymore charges to the aforementioned loan. The parties also agree that the either party can pay their half of the balance due and owing to the PSECU loan at anytime. 8. LEGAL FEES Wife hereby agrees to waive any right to alimony pendente lite and each party agrees to be responsible for her or his own legal fees and expenses, 5 05/03/2013 15:58" 7172415373 UPS STORE PAGE 08/12 9. NO BAR TO FURTHER PROCEEDINGS This Agreement shall not be 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 hermfter exist or to such defense as may be available. It is agreed that this Agreement"I not be impaired by any divorce decree which may be granted but shall continue in full force and effect notwithstanding the granting of any such decree. This Agreement is not intended to condone and 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. 10. MUTUAL RELEASE Wife and Husband each do hereby mutually remise,release,quitclaim and forever discharge the other and the estate of such other,for all time to come,and for all purposes whatsoever,of and from any and all rights,titles and interests,or claims in or against the property(including income and gain from property hereafter accruing)of the other or against the estate of such other,of whatever nature and wheresoever situate,which she or he now has or at any time hereafter may have against the other,the estate of such other or any part thereof, whether arising out of any former acts, contracts,engagements or liabilities of such other or by way of dower or curtest',or claims in the nature of dower or curtesy or widow's or widowees rights,family exemptionoT 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 spouses estate,whether arising under the Laws of(a)Pennsylvania,(b)any State,Commonwealth or territory of the 6 05/031.2013- 15:58 7172415373 UPS STORE PAGE 09112 United States, or(c)any other country,or any rights which Wife may have or at any time hereafter have for past,present or future support or maintenance,alimony, alimony pendente lite, counsel fces,costs or expenses,whether arising as a result of the marital relation or otherwise, except, and only except,all rights and agreements and obligations of,f whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof it is the intention of Wife and Husband to give to each other by the execution of this Agreement a full,complete and general release with respect to any and all property of any kind or nature,real,personal,or mixed, which the other now owns or may hereafter acquire,except and oWy except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof subject however,to the implementation and satisfaction of the conditions precedent as set forth herein above. 11, OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith(and within at least 30days after demand therefore)execute any and all written instrurnents,assignments,releases, satisfactions,deeds,notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement,and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectually the terms of this Agreement- Wife hereby agrees that she will instruct her attorney to take immediate action to have the Final PFA Order entered ou March 20,2008,at Docket No.08-983,vacated. 7 05/0312013 15:58 7172415373 UPS STORE PAGE 10/12 12. SUCCESSORS, RIGHTS AND LIABILITIES This Agreement shall,except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs,executors,administrators,successors or assigns. 13. ENTIRE AGREEMENT Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations,promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims,promises or representations not herein contained.,either oral or written,which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto;and the waiver of any term, condition,clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other term,condition,clause or provision of this Agreement. 14. BINDING EFFECT OF AGREEMENT This Agreement shall remain in&11 force and effect unless and until terminated 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 not be construed as a waiver of any subsequent default of the same or similar nature 15. SEVARABrLITY If any berm,condition,clause or provision of this Agreement shall be determined or declared to be void or invalid in law,or otherwise,then only that tem condition,clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be 8 05/03/2013 15:58 7172415373 UPS STORE PAGE 11/12 .valid and continue in fW1 force,effect and operation. Likewise,the failure of any party to Meet her or his obligations under any one or more of the paragraphs hercin,with the exception of the satisfaction of the conditions precedent, shall in no way avoid or after the remairung obligations of the parties. 16. BREACH/ENFORCEMENT Any party breaching this agreement is liable to the other party for all,costs and counsel fees reasonably incurred by the non-breaching party to enforce his or her rights under the Martial Settlement Agreement subsequent to the date of the signing of this Agreement. The aggrieved party may file in either law or equity,in any court of competcajunisdiction, including,but not limited to the county in which they or the opposing party reside. Should either party fail in the due performance of the terms under this Agreement,the other performance party shall be able at his or her discretion to sue for perf ce or for damages for a breach of the Agreement. The party who is deemed to have failed in the due performance of the terms hereunder shall be liable for all reasonable costs and expenses incurred by the other in suing for performance or for damages for breach of the Agreement, ocluding counsel fees. 17. READINGS 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 meanings,construction or effect. 18. EFFECTIVE DATE The effective date of this Agreement shall be the date upon which it is executed; however,the transfer of the property provided for herein shall only take place upon the entry of a 05/03/2013 15:58 7172415373 UPS STORE PAGE 12/12 final decree in divorce, unless otherwise indicated. The support provisions of this Agreement shall take effect as indicated_ Notwithstanding the foregoing,if a final decree in divorce shall not have been obtained within four(4)months from the date of execution of this Agreement, this .Agreement shall be null and void. 19. CONTROLLING LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF,the patties hereto have set their hands and seals the day and year first above written. This Agreement is executed in duplicate,and in counterparts,and Wife and Husband,as parties hereto,acknowledge the.receipt of a duly executed copy hereof. 'O&JQ tjVVAtne Hea er Wic ife Witness Dale C usband 10 05/03/2013 16:01 7172415373 _ UPS STORE PAGE 01/01 COMMON'W'EALTH OF PENNSYLVANIA } SS. COUNTY OF CUMBERLAND ) On this,the r` r day of -� 1�':�,?�'^ , 2008,before zne, the subscriber, a Notary Public for the Commonwealth of Pennsylvania,residing in the County of Cumberland, personally appeared Dale 0. Wickard, III and in due form of law ackxowledged the above Agreement to be his act and deed and desired the same to be recorded as such. GC.__mONMVMALTH OF INNSYLVANIA NobrW TOMMb L.Pg���ry Putgo cadb to 8ctro,owr"tari, 0"W n Evm swt S.2011 Adamber,�"e�nsYtvanta Rssadatfon of Notede$ CC)MMONWEALTH OF pENNSYLVANIA SS. ColUNTY OF CUMBERLAND On this,the jl"�" day of M08,before me,the subscriber,a Notary Public for the Coimmon%vedth of Penmylvania, residing in the County of Cmnberland,personally appeared Heather Wickard and in due form of law acknowledged the above Agreement to be her act and deed and desired the same to be recorded as such. WOW an 0 Notary Publi 05/03/2013 16:02 7172415373 UPS STORE PAGE 01/02 f COMMONWEALTH OF PENNSYLVANIA 3 SS. COUNTY OF CUMBERLAND ter, -�'-; j 2008,before me,the On this,the daY'of .: subscriber,a Notary Public for the COMInonwealth of pennsylvania, residing in the County of Cumberland,personally appeared Dale G.Wickard,III and in due form of law acknowledged the above Agreement to be his act and deed and desired the same to lre recorded as such. p , Public COMMONWEALTH OF PENNSYLVANIA • fva�t Sea! TaMM1G L.Peters,NMy Public Catlfale ftro,cumbwa w CW* W Ctxrmmion EVres Sept 0,2011 Member,Pennsylvania Association of Nataties 11 05/03/2013 16:02 7172415373 UPS STORE PAGE 02/02 COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) On this,the_ ! day of 2008,before me,the subscriber,a Notary Public for the Commonwealth of Pennsylvania,residing in the County of Cumberland, personally appeared Heather Wickard and in due form of law acknowledged the above,Agreement to be her act and deed and desired the same to be recorded as such. Iq�MM1E ll� �►�,yet Notary Publi , 12 UPS STORE PAGE 02/12 Exhibit B HEATHER WICKARD : IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DALE G.WICKARD, III NO 08-3767 i DNORCE DECREE February 25 2009 it is ordered and decreed that AND NOW, - ----- -' HEATHER WICKARD , plaintiff, and DALE G.WICKARD, III , defendant, are divorced from the s bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente cite if any economic claims remain pending_ The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate"None... A Marital Settlement Agreement is incorporated into but not merged with the Divorce Decree. By the Court, 4 Kevin A.Hess Attest: _ J. ?rot honvtary Certified Copy issued: September 9,2011 Date i NATIONAL RECOVERY AGENCY II 11 full[111111111111111111 A R FESSiONAL LLE -ION AGENCY PO BOX 67015 HARRISBURG,PA 17106-7015 (800)814-6580 EACCT#:RE: PA STATE ENIPL 01 EES CR UN- TOTAI.A,b1"T DUE: $2,915.85 02/26/13 16768838841 DATE OF SERVICE: 11120/11 XPR4i5M 201136861675 000015114003 SENT?TO: z .._...�. I�Iilull�ll�If'Ilitllli'lilf til.tultiiilr�l�lflfttlfllllttilll' fl�f Illeliilili�f t�lli�li„i�ttlf Itl�lid�t��lt`1"IItl.titrLit Heather Or Wickard NATIONAL RECOVERY AGENCY 305 Shugllart Ave Mt PO BOX 67015 Boiling Sprgs,PA 17007-9780 HARRISBURG,PA 17106-7015 8116 REMINDER Dear Heather Or Wickard, As previously agreed,this office will electronically withdraw the sum of$106.95 from your account on 03108/13 and will apply this amount as a payment to one or more of the accounts listed below. Please be sure that the funds are available for this transaction. Contact us if the funds are not available. In addition,in order to ensure that you receive all future scheduled reminders,please contact us if you have a change of address. Below is a listing of all accounts included in the total amount due listed above: 11/20/11 $2,915.85 PA STATE EMPLOYEES CR U 16768838801 PSL LOAN The purpose of this communication is to collect a debt and any informaticin obtained will be used for that purpose. .Sincerely, BRYAN WENTZ Extension 3 971 This communication is from a debt collector. 99 NRA ID #: XPR415 Calls to or from National Recovery Agency may be monitored or recorded. Exhibit C PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION KATHERINE L.1 MCDONALD9 FSQ. 1 Pb 717.887.7651 2945 Quail Lane Yo*,PA 17409 kmed7787@gmail.com April 11,2013 Susan Candiello,Esq. 4010 Gleftfinnan Place: Mechanicsburg,PA 17055 1t E Re:Heather L.Wickard Dear Ms.Candiello: My name is Katherine L.McDonald,and I represent Dale and Tracey Wickard. I am contacting you about your client's breach of the Separation and Property Settlement Agreement between your client, Heather L.Wickard,and my client,Dale Wickard. Specifically,Paragraph 9 of that Agreement states,"Husband and Wife a gree to split the PSECU loan equally and shall each pay one-half of the minimum payment." In accordan6e with this Agreement my client had been sending your client payments of$50 each month towards the$100 minimum payment due on the PSECU loan. At some point,our cli6ts began making their$50 payments separately,until your client notified my client that she was no longer willing to contribute. As of February 2013,the remaining balance on the loan is$2,915.85. Since February 2013,my client has been making payments of$106.95 dir4tly to National Recovery Agen' the collection agency cy, handling this account,in an effort to protect his credit score. Your client is responsible for$53.48 of these monthly payments,and for$1,457.93 of the,remaining balance on the loan. ' My clients would like to resolve this situation as quickly as possible,so I am requesting that you contact me within 15-days in order to establish payment plan to bring your client up to date. If I do not hear from you by that time,my clients and I are prepared to file a petition to enforce the Separation and Property Settlement Agreement.. I look forward to your prompt response and proposal for resolving this issue. Very truly yours Katherine L.McD&Ild,Esq. Exhibit D Cc:Heather L.Wickard,Dale and Tracey Wickaid April 19,2013 Katherine.L McDonald,Esq 2945 Quail Lane York, PA 17408 ae: PSECU Loan Dear Ms. McDonald, I am responding-to o-ur-letter-dated-A ri 11;2013:1"am-coV tacting` ou-in re and t i ur iette g yo` requesting payment on a PSECU loan that Dale ar d I obtained during our marriage for his DUI conviction. i understand what the court document sates in paragraph 9. Dale and I were paying the loan thru PSECU separately. in November of 2011,wil both defaulted simultaneously.We did not pay November 2011,December 2011 and January 20 2. In January 2012 PSECU sent the loan to a collections account. I approached your client in f ebruary 2012 and advised him it went to collections. 1 offered if he paid his half off, I would pay my half off,as it was relatively new to the collection account. He declined and stated he wanted to call them himself. I heard nothing of this loan payment again:from him until February of 2013. He approached me a king if I was interest and willing to pay the loan off. I advised him I was not in a financial situation to d so this year. He approached me again March 3,2013, via email,asking if i made a payment on our PSECU loan.We had correspondence back and forth,see attached. Then again he contacted me on April i1,2013,see attached. Bottom line, Dale is aware I do not have funds available to pay on this collection account. Secondly, he locked into a legal binding contract,without my consent,to payments that cannot afford. When he agreed to payment arrangements without my consent,he accepted responsibility of this account in full. I am sorry to hear that your client did not think his actions thru bef re agreeing to something that was not consented to on my part. if i can be of any further assistance,plea a contact me. Since e He ther `ackard Exhibit E Cc: Susan Kay Candiello, Esq --__..____ 0;F. T HIE PR07-f10N Till y 7.013" yis PH 2-: 21 CUMBERLAND C0tUN i Y PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DALE G. WICKARD, III NO. 08-3767 VS. HEATHER L. WICKARD ORDER AND NOW, this J�.y day of ,7013, upon consideration of the foregoing Petition, it is hereby ordered that: 1. A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; 2. The respondent shall file an answer to the petition within twenty(20)days of service upon the respondent; 3. The petition shall be decided under Pa.R.C.P.No. 206.7; 4. Depositions shall be completed within '/5"'days of this date; 5. Argument shall be held on /a oZ 0 13 ,in Courtroom `7 of the County Courthouse;aa4 3 0 6. Notice of the entry of this order shall be provided to all parties by the petitioner. 3 \ i BY THE COURT: J. self S//3 oil , 1u M3Atj 10 ph 111�4 "J'`fOEHLANO COUNTY PENNSYLVANIA AV THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DALE G. WICKARD, III NO. 08-3767 VS. HEATHER L. WICKARD PRAECIPETO WITHDRAW PETITION To: The Prothonotary Please marl: the Petition for Enforcement of Divorce Decree in the above-captioned action withdrawn, with prejudice. Respectfully submitted, dd, Date: V U IS A44 Counsel for Plaintiff 2945 Quail Lane, York, PA 17408 (717)887-7651 kmcd7787 @gmaiLcom Supreme Court ID No. 313633