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HomeMy WebLinkAbout09-1554 MARCIA HICKEY, Plaintiff V. PAUL C. HICKEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ?C?_ ??? 7 cN l 7' f e- 641 CIVIL - DIVORCE AND CUSTODY COMPLAINT IN DIVORCE WITH RELATED CLAIMS AND NOW, comes the Plaintiff, Marcia Hickey, by her attorney, John M. Kerr, Esquire, >.?00k. of M.err solo FdMw Road sutte 109 M0dmnk3btQ9. PA 17056 P1+am: 717.788.4008 FAX: 717.788.4088 pursuant to Section 3301 of the Pennsylvania Divorce Code, and seeks to obtain a Decree in Divorce from the Defendant, Paul C. Hickey, upon the grounds set forth: 1. The Plaintiff, Marcia Hickey, is an adult individual residing at 1010 Drexel Hills Blvd., New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant, Paul C. Hickey, is an adult individual residing at 804 Beacon Hill Road, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 15, 1996 in Gatlinburg, Tennessee. 5. Plaintiff began to live separate and apart from Defendant while in the same residence as of June 1, 2008. Plaintiff moved out of the marital residence on March 10, 2009. 6. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 7. The Plaintiff and defendant are both citizens of the United States of America. 8. The Defendant is not a member of the United States Armed Forces. 9. The Plaintiff and Defendant have the following minor child: Ashlynn Hickey, whose date of birth is July 29, 1999. COUNT I - NO -FAULT DIVORCE 10. The cause of action and Section of Divorce Code under which Plaintiff is proceeding is the marriage is irretrievably broken under 23 Pa. Const. Stat. §3301(c) & §3301(d). 11. Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 12. Plaintiff requests this Honorable Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. COUNT II - CUSTODY 13. Paragraphs 1-9 of the Complaint are incorporated by reference, as if fully set forth in Offi. of hn M. <err 5020Fdtter Road suite 109 MedumbcsbUtg. PA 17055 PHOm: 717.788.4008 FAx: 717.788.4088 their entirety. 14. Mother seeks confirmation of primary physical custody and joint legal custody of the following child: Name Ashlynn Hickey The child was born in wedlock. Present Residence 1010 Drexel Hills Blvd. New Cumberland, PA 17070 D.O.B. July 29, 1999 15. The child is presently in the custody of the Mother who is residing at 1010 Drexel Hills Blvd., New Cumberland, Pennsylvania 17070. 16. During the past five years, the child has resided with the following persons and at the following addresses: Y 1..Ofta M. e17 5020 PJM Road supe 109 MedtienWsbtug PA 17066 Pm w 717.788.4008 FAx: 717.788.4088 Names Marcia Hickey Ashlynn Hickey Paul C. Hickey Shelley-Lynn Palmer Thompson Adam Palmer Marcia Hickey Ashlynn Hickey Shelly-Lynn Palmer Thompson-Adam Palmer Paul C. Hickey Marcia Hickey Paul Hickey Ashlynn Hickey Shelley-Lynn Palmer Thompson Adam Palmer Residences Dates 804 Beacon Hill Road 6/03 - Present New Cumberland, PA 17070 1010 Drexel Hills Boulevard 2/02 - 6/03 New Cumberland, PA 17070 only 6/02-12/02 3576 Rosehill Avenue 7/99 - 2/02 Beavercreek, Ohio 17. The Mother of the child is Marcia Hickey, residing at 1010 Drexel Hills Blvd., New Cumberland, PA 17070. She is married. 18. The Father of the child is Paul C. Hickey, residing at 804 Beacon Hill Road, New Cumberland, PA 17070. He is married. 19. The relationship of the Mother to the child is that of mother-children. The children are currently living with the mother. 20. The relationship of the Father to the children is that of father-children. 21. The best interest and permanent welfare of the child will be served by granting the relief requested because the child will remain in a stable and consistent environment living with her step-siblings. Lw Off= cif M.err solo FtWW Road Suite 109 MedMAC5btug. PA 17055 PHa•>e: 717.766.4008 Fnx: 717.788.4066 22. Each parent whose parental rights to the children have not been terminated, and the person who has physical custody of the child, have been named as parties to this action. 23. Plaintiff requests an Order, granting to her primary physical custody and joint legal custody of the minor child, Ashlynn Hickey. COUNT III - EQUITABLE DISTRIBUTION 24. Paragraphs 1-9 of the Complaint are incorporated by reference as if fully set forth in their entirety. 25. The parties own marital property as that term is denied in the Pennsylvania Divorce Code, including the marital home and other assets as may be determined. 26. Plaintiff requests that said marital property be equitably divided and distributed and that she be granted such other and further equitable relief as the nature of her cause may require. COUNT IV - ALIMONY 27. Paragraphs 1-9 of the Complaint are incorporated by reference, as if fully set forth in their entirety. 28. Plaintiffs employment pays her far less than Defendant's self-employment and is insufficient to fully support herself. 29. Plaintiffs sole and separate property, including that marital property subject to distribution, is insufficient to provide for her reasonable needs. 30. Defendant is financially able to provide for the reasonable needs of the Plaintiff. 31. Plaintiff requests that she be awarded a reasonable sum as alimony following the entry of a decree in divorce. Respectfully submitted, (?g /r/ IJ n M. Kerr, Esquire I. . #26414 Law Office of John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Dated: March 12, 2009 A tu? M.- 5020 Fd" Road 511110 108 MEdwiWsburt FA 17055 PmNa: 717.788.4008 FAx: 717.788.4088 VERIFICATION The undersigned, Marcia Hickey, hereby states that she is the Plaintiff in the foregoing Divorce action and, as such, is authorized to execute this Verification, and that any factual statements contained in the preceding Complaint in Divorce are true to the best of her knowledge, information and belief. She understands that any false statements are subject to the penalties prescribed at 18 Pa.C.S.§4904, relating to unsworn falsification to authorities ?A c? Zl? 9-? F' N v cr' b ? s c ?' C C c F A ?^ P- 0 ?^ Ca ^Tt -O {! _ l ('h`oc ?1 : c A o MARCIA HICKEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PAUL C. HICKEY DEFENDANT 2009-1554 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 17, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, April 14, 2009 at 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 9f?+..? ?t 1?.7CJ 70 : W 6 1 8VW 6099 gip. d Ar MARCIA HICKEY, IN THE COURT OF COMMON PLEAS -46 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-1554 CIVIL CIVIL- DIVORCE AND CUSTODY PAUL C. HICKEY, Defendant AFFIDAVIT OF SERVICE Undersigned Paralegal for the Law Office of John M. Kerr, Esquire, deposes and states as follows: 1. Undersigned Paralegal, Heather S. Clouser is an employee of Cumberland County, Pennsylvania and maintains an office at 5020 Ritter Road, Suite 109, Mechanicsburg, Pennsylvania 17055. 2. On March 12, 2009, undersigned Paralegal sent by Certified Mail, Return Receipt Requested, from Camp Hill, Pennsylvania, No. 7007-2680-0000-2362-7310, a Complaint in Divorce in the above-captioned matter to: Paul C. Hickey 804 Beacon Hill Road New Cumberland, PA 17070 >_offi.? M. err (OF 5020 fdW - PAW[ S1dte 109 Medwicsxag, PA 17055 PHom: 717.788.4008 FAx: 717.788.4088 3. On March 13, 2009 at 10:29 a.m. Paul C. Hickey signed the receipt, No. 7007-2680- 0000-2362-7310, which is appended to this Affidavit. A Tracking and Confirmation from the united States Postal Service is also appended to this Affidavit. Respectfully submitted, Heather S. Clouser, Paralegal Law Office of John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 heather@iohnkerrlaw.com L-0mv f M.?en S020 RNW Road sW1e 109 M8&W*Zb M PA 1706$ PHors: 717.788.4008 Fac 717.788.4088 Dated: March 17, 2009 Sworn and subscribed before me, a X Ngtary Public, this 17`h day of ch, 2009. is COMMONWEALTH OF PENNSYLVANIA Notarlel Seel Nancy A. Whisker, Notary Public Centre TWP.. rent County My Cprrrr "jan Expmw Feb. 9. 2012 6Aember. Pennavlvanlr Asp datlon of Notaries USPS - Track & Confirm V" :12ii - Track & Confirm Search Resahs Label/Receipt Number: 7007 2680 0000 2362 7310 Status: Delivered Your item was delivered at 10:29 AM on March 13, 2009 in NEW CUMBERLAND, PA 17070. ?. Alf D?x al so USP&cam /!sere Page 1 of 1 Home I "Rip.. I $ig"In Track 8_Confirrn FA Qs _., Track & Coidirnn Enter Label/Receipt Number. _ ..._ _,..__..,_ ____.._ w.._ _.. _. ...._..__.....,__ ....., _ _ _ __.__.... 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Article Number 7007 2680 0000 2362 7 310 (itrt0s* ftm service kdwo PS Form 3811, FeWuwy 260t owns Mc Reh m fiteslat 102595.02-M-1540 http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 3/17/2009 r+J ? r f y" ?? ., i'o3 -mod MARCIA HICKEY Plaintiff VS. PAUL HICKEY Defendant APR 2 4 200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-1554 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this -J? * day of A ? i- ` , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Marcia Hickey, and the Father, Paul Hickey, shall have shared legal custody of Ashlynn Hickey, born July 29, 1999. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. On a trial basis, pending the follow-up conciliation conference scheduled in this Order and further agreement of the parties or Order of Court, the parties shall have physical custody of the Child in accordance with the following schedule: Each week shall be divided into Segment A, which shall run from Friday after school through Monday morning, Segment B, which shall run from Monday morning through Wednesday morning, and Segment C, which shall run from Wednesday morning through Friday after school. The parties shall alternate having custody of the Child during Segments A, B and C each week beginning with the Mother having custody during Segment B on Monday, April 20, 2009. During school days when the Mother has custody of the Child overnight the night before, the parties agree that the Mother may take the Child to the Father's residence in the morning on the Mother's way to work between 7:45 and 8:00 a.m. and the Father shall be responsible to get the Child to school. 3. Pending the follow-up conciliation conference scheduled in this Order, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody of the Child for Father's Day from 9:00 a.m. until 5:00 p.m. In addition, the parties shall make arrangements for custody of the Child over Memorial Day in 2009 by agreement. 4. The parties agree that consistency in the Child's bedtime schedule is important to the Child's well-being and further agree that the Child's bedtime at both parties' residences shall be 10:00 p.m. or earlier. The parties further agree that the non-custodial parent shall confine evening telephone calls to the Child to 9:00 p.m. or earlier to avoid interference or delay in the Child's bedtime routine. 5. The parties and counsel shall attend an additional custody conciliation conference, in the office of the conciliator, Dawn S. Sunday, on June 4, 2009 at 10:30 a.m. for the purpose of reviewing the temporary trial custody arrangements. b. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual agreement the terms of this Order shall control. BY THE COURT, cc: Za,_ M. Kerr, Esquire - Counsel for Mother Miller, Esquire - Counsel for Father Cor I?F_s fr?LILL L1:01 WV LZM6001 AbViONt 'ril l `Cd 3H i. dO MARCIA HICKEY Plaintiff VS. PAUL HICKEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-1554 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: follows: 1. The pertinent information concerning the Child who is the subject of this litigation is as NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ashlynn Hickey July 29, 1999 Mother/Father 2. A custody conciliation conference was held on April 20, 2009, with the following individuals in attendance: the Mother, Marcia Hickey, with her counsel, John M. Kerr, Esquire, and the Father, Paul Hickey, with his counsel, James Miller, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator JUN 2 7 2009 (, MARCIA HICKEY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 09-1554 CIVIL ACTION LAW PAUL HICKEY Defendant IN CUSTODY ORDER OF COURT AND NOW, this "),? rA day of -SuKt? > 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by a professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Child. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. All costs of the evaluation shall be shared equally between the parties. 2. The Father shall have custody of the Child from July 25, 2009 at 10:00 a.m. through August 3, 2009 in the morning for the purpose of taking the Child on a vacation cruise with relatives. The Mother shall have custody of the Child on Friday July 24 through July 25 at 10:00 a.m. The Father shall promptly provide the itinerary for the trip and contact information where the Child can be contacted to the Mother. 3. The Father shall have custody of the Child in 2009 from July 3 through July 8 so that he can take the Child to Tennessee for the July Fourth holiday. The parties shall switch the immediately following weekend from July 10 through July 12 so that the Mother has custody on the weekend after the Child returns from the trip and the parties shall resume the regular alternating custody schedule thereafter. 4. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 5. The prior Custody Order entered by the Court in this matter shall continue in effect pending completion of the custody evaluation and further agreement of the parties or Order of Court. 6. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual agreement the terms of this Order shall control. BY THE COURT, M. L. Ebert, Jr. J. cc: John M. Kerr, Esquire - Counsel for Mother James Miller, Esquire - Counsel for Father MARCIA HICKEY Plaintiff VS. PAUL HICKEY Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-1554 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: follows: 1. The pertinent information concerning the Child who is the subject of this litigation is as NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ashlynn Hickey July 29, 1999 Mother/Father 2. A custody conciliation conference was held on June 17, 2009, with the following individuals in attendance: the Mother, Marcia Hickey, with her counsel, John M. Kerr, Esquire, and the Father, Paul Hickey, with his counsel, James Miller, Esquire. 3. The parties agreed to entry of an Order in the form as attached. I JP a0o 9 Date Dawn S. Sunday, Esquire Custody Conciliator A9 U?9~ 23 "'': MARCIA HICKEY Plaintiff vs. 20 11 PAUL C. HICKEY Defendant r ' = P-l .?-?. r prer _ - ?yM MOTION FOR APPOINTMENT OF MASTER -<> CO Marcia Hickey, Plaintiff, moves the Court to appoint a Master with respect to the follo wing s: -X -L Fri ( X ) Divorce ( X) Distribution of Property (X) Alimony ( ) Attorney Fees and Costs } and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of the Master is requested. 2. The defendant has appeared in the action by his attorney James A. Miller, Esq uire. 3. The Statutory basis for divorce is 23 Pa C.S.A. 4 3301 (c) . 4. Delete the inapplicable paragraph(s) a T? + ++o?+o,a b ?. Boa ..;+,, -et + t f n,..,,ing ,.'.,:ms: None -vv . An agreement has been rea Crr? c. The action is contested with respect to the following claims: Distribution of Property and Alimony N c± 5 The action does not involve complex issues of law/fact. ,?nm .,? . 6. The Hearing is expected to take one day. yrri ? s0• -c rr)r- -,r- 7 Additional information, if any, relevant to the motion: None -<> acs . Date: May 16, 2011 r7 Jo M. Kerr, Esquire Attorney for Plaintiff --i CA ORDER APPOINTING MASTER AND NOW, h1d,4,L /9 20/1 i l.7 ??? -Z ,Esquire, is appointed Master with respect to the fol owing claims: Divorce and all the claims raised in the action. W By the Court, ? •esr''? fJ' J. j0h n k1. Kerr , 5f pN James A. Willer Ica • IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNSYLVANIA • NO. 09-1554 .1 CERTIFICATE OF SERVICE I, John M. Kerr, Esquire, hereby certify that I am this day serving the foregoing Motion for Appointment of Master upon the following named individual this day by depositing same in the United States Mail, First Class, postage pre-paid, at Mechanicsburg, Pennsylvania, addressed as follows: JAMES A. MILLER, ESQUIRE 765 POPLAR CHURCH ROAD CAMP HILL, PA 17011 JoYin M. Kerr, Esquire Attorney ID# 26414 John Kerr Law, P.C. 5020 Ritter Road, Ste. 104 Mechanicsburg, PA 17055 (717) 766-4008 MARCIA HICKEY, Plaintiff VS. PAUL C. HICKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 1554 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this / day of 2012, the economic claims raised in the proceedings having been resolved in accordance with a post nuptial marital settlement agreement dated March 2, 2012, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, nx' - '0" , 04, Kevin . Hess, P.J. cc: ? John M. Kerr Attorney for Plaintiff L/ James A. Miller C= Attorney for Defendant "0 -, rn, - eS {?ia.lee? - am c=,6 ..C Ln XC) G N s Marcia Hickey, Plaintiff V. Paul C Hickey, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1554 Civil CIVIL ACTION - LAW IN DIVORCE POST NUPTIAL MARITAL SETTLEMENT AGREEMENT DATE: KkIlluk- 7! 2012 J Contents 1. ADVICE OF COUNSEL ...................................................................................................... 5 2. DISCLOSURE OF ASSETS ............................................................................................... 5 3. PERSONAL RIGHTS .......................................................................................................... 6 4. MUTUAL CONSENT DIVORCE ........................................................................................ 6 5. EQUITABLE DISTRIBUTION ............................................................................................. 7 5.1. Real Property ................................................................................................................. 7 5.1.1. Marital Home ........................................................................................................... 7 5.1.2. Mortgage on the Marital Home ............................................................................ 8 5.2. Contents of Marital Home and Other Personal Property ........................................ 8 5.3. Retirement Benefits ....................................................................................................... 9 5.3.1. Wife's Retirement ................................................................................................... 9 5.3.2. Husband's Pension ................................................................................................ 9 5.3.3. Other Retirement Accounts .................................................................................. 9 5.4. Financial Assets ........................................................................................................... 10 5.4.1. Bank Accounts ...................................................................................................... 10 5.5. Vehicles ......................................................................................................................... 10 5.5.1. 2005 Chevrolet Trailblazer .................................................................................. 10 5.6. Hickey Appraisals, LLC .............................................................................................. 10 5.7. Lump Sum Payment ................................................................................................... 11 5.8. Outstanding Joint Debts ............................................................................................. 12 5.9. Consideration Of Equitable Distribution In Future Hearings ................................. 12 5.10. After-Acquired Property .......................................................................................... 12 5.11. Property of Wife ........................................................................................................ 13 5.12. Property of Husband ................................................................................................ 13 5.13. Assumption of Encumbrances ............................................................................... 13 5.14. Taxes ......................................................................................................................... 13 5.15. Indemnification of Wife ............................................................................................ 14 5.16. Indemnification of Husband .................................................................................... 14 5.17. Warranty as to Future Obligations ........................................................................ 14 5.18. Release of Claims .................................................................................................... 15 6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE/ALIMONY RELEASE ............. 15 7. CUSTODY & CHILD SUPPORT ...................................................................................... 16 7.1. CUSTODY: ................................................................................................................... 16 7.2. CHILD SUPPORT: ...................................................................................................... 16 7.3. TAX DEDUCTION: ...................................................................................................... 17 8. ACCEPTANCE AND RELEASES ................................................................................... 17 9. COUNSEL FEES, COSTS AND EXPENSES ............................................................... 18 10. WAIVER OF BENEFICIARY DESIGNATIONS .......................................................... 18 11. WAIVER OF INHERITANCE RIGHTS ......................................................................... 18 12. MODIFICATION .............................................................................................................. 19 13. SEVERABILITY ............................................................................................................... 19 14. BREACH ........................................................................................................................... 19 15. WAIVER OF BREACH ................................................................................................... 19 16. NOTICE ............................................................................................................................ 19 A1 age 2 of 22 I have read this page and voluntarily execute this agreement - M CHI 17. APPLICABLE LAW ......................................................................................................... 19 18. DATE OF EXECUTION .................................................................................................. 20 19. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT ....................20 20. HEADINGS NOT PART OF AGREEMENT ................................................................ 20 21. AGREEMENT BINDING ON PARTIES AND HEIRS ................................................ 20 22. ENTIRE AGREEMENT .................................................................................................. 20 23. MUTUAL COOPERATION ............................................................................................ 21 24. AGREEMENT NOT TO BE MERGED ......................................................................... 21 te 3 of 22 I have read this page and voluntarily execute this agreement - M PCH ?? ? f THIS AGREEMENT made this q?`°" day of /4/1/"'`(-/6 , 2012, by and between Paul C Hickey (hereinafter referred to as "Husband"), and Marcia Hickey (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully married on June 15 1996, in Gatlinburg, Tennessee; WHEREAS, the parties are the parents of one child namely: Ashlynn DOB July 29, 1999; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; AND NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: f' ge 4 of 22 F, I have read this page and voluntarily execute this agreement - MH CH_ .1 1. ADVICE OF COUNSEL. Wife has employed and had the benefit of the counsel of John M Kerr, Esquire, as her attorney. Husband has employed and had the benefit of the counsel of James A. Miller, Esquire, of Miller Lipsitt, LLC, as his attorney. Each party acknowledges that he or she fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Each party hereto acknowledges that he or she understands the impact of the Pennsylvania Divorce Code, whereby the Court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties and waives their respective right to have the Court of Common Pleas of Cumberland County or any other Court of competent jurisdiction to make any determination or order affecting the respective parties' right to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed or has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or Page 5 of 22 I have read this page and voluntarily execute this agreement - MI? 14?lwl-l 1?/ V evaluated by the court of this Commonwealth or any other court of competent jurisdiction. Husband and Wife represent and warrant that each has disclosed to the other in full his or her respective assets, liabilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable and is satisfactory to them. The remedies available to either party for breach or violation of this provision shall be those remedies available pursuant to law and equity. Each party retains the right to assert a claim against the other for failure to fully and fairly disclose his or her income, assets and liabilities, if it is later determined that there has been a failure to disclose, including but not limited to a claim of constructive trust. 3. PERSONAL RIGHTS. Husband and Wife may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the cause that led to, or resulted in, the continuation of their living apart. Husband and Wife 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 him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. Husband and Wife agree that they will seek a final decree in divorce pursuant to the terms of this paragraph. Wife has filed an action for divorce in Cumberland County, Docket No. 09-1554 Civil. Said action included economic claims pursuant to the Divorce Code and such claims are hereby completely and finally resolved by this Agreement. Moreover, neither party may Page 6 of 22? I have read this page and voluntarily execute this agreement - Iv PCH i, ? ,Y assert any additional ancillary economic claims otherwise authorized by the Divorce Code, and all such ancillary claims are specifically waived by the terms of this Agreement. Concurrently with the execution of this Agreement, the parties shall sign and have duly acknowledged an Affidavit of Consent to a divorce and a Waiver of Notice. Additionally, Wife shall petition to withdraw and terminate the Master appointment entered on May 19, 2011. Subsequent thereto, Wife's counsel shall praecipe for a final decree in divorce. The Praecipe to Transmit the Record shall not be submitted to the court prior to Husband notifying Wife that Husband's health insurance coverage is in place. Upon such notification, Wife shall notify her counsel to file the praecipe with the court requesting that the final decree in divorce be entered incorporating the herein Agreement. 5. EQUITABLE DISTRIBUTION. 5.1. Real Property 5.1.1. Marital Home. The parties acknowledge that they currently hold title as tenants by the entireties to that certain house and lot and all improvements thereupon situated at 804 Beacon Hill Road, New Cumberland, Cumberland County, PA 17070 (collectively, "the Marital Home"). The Wife's interest in the Marital Home shall be transferred to Husband by a Special Warranty Deed prepared by Husband's counsel and in a recordable form. The Special Warranty Deed shall be from Husband and Wife, as Grantors, to Husband, as Grantee, and shall be executed by Husband and Wife. The Special Warranty Deed shall be executed concurrently with this Agreement and shall be delivered to and held in escrow by Husband's counsel until Husband refinances the existing mortgages on the property on or before May 31, 2012. All home mortgage interest accounts, real estate tax accounts and homeowner's insurance accounts shall inure to the benefit of Husband including any escrow accounts and upon reasonable request by Husband, Wife shall execute any document necessary reflecting her relinquishment therein. Page 7 of 22 1 have read this page and voluntarily execute this agreement Pj Husband shall keep Wife and her assigns, heirs, executors and administrators indemnified and held harmless from any past, present or future claims, penalties, liability, cost or expense, including, without limitation, reasonable attorney's fees and expert fees, arising out of or in any way related to the Marital Home. The foregoing indemnification obligation shall also include any costs or expenses (including, without limitation, reasonable attorney's fees) incurred by Wife in enforcing Husband's indemnification obligation. Wife shall provide Husband notice within 30 days of any creditors' notice of default Wife may receive relative to the Marital Home so that Husband may immediately cure any such default thereby honoring this indemnity provision and alleviating any and all costs, fees and/or expenses associated with any creditors' claims associated therewith. Should Wife receive any such notice and fail to notify Husband thereof, then Husband's indemnity obligation shall be of no force or effect and Wife shall not be entitled to seek enforcement of Husband's indemnity thereon. 5.1.2. Mortgage on the Marital Home. At the time of execution hereof, the parties acknowledge that there is only one mortgage against the Marital Home namely, Chase mortgage loan number 1213148780. Husband agrees to be fully responsible for any obligation associated with the Marital Home including the Chase mortgage loan number 1213148780 in the names of Husband and Wife and to indemnify and hold Wife and her assigns, heirs, executors and administrators harmless from any and all liability for the mortgage, insurance, taxes, utilities, maintenance and repairs applicable to or associated with the Marital Home. Husband shall refinance the existing mortgage on the property on or before May 31, 2012. 5.2. Contents of Marital Home and Other Personal Property 5.2.1. Husband shall and does hereby set over, transfer and assign to Wife all of his right, title, claim and interest in and to, including but not limited to all of her clothes, jewelry, personalty and other items of tangible property of 4 Page 8 of 22? '0 I have read this page and voluntarily execute this agreement - PCH f( whatever nature of Wife's as well as other jewelry and personal property in Wife's possession as of the date of this Agreement. 5.2.2. Wife shall and does hereby set over, transfer and assign to Husband all of her right, title, claim and interest in and to all of the property at the marital residence, including but not necessarily limited to all furniture, furnishings, rugs, carpets, household appliances and equipment, clothes, jewelry, personalty and other items of tangible property of whatever nature, as well as other jewelry and personal property in Husband's possession as of the date of this Agreement. 5.3. Retirement Benefits 5.3.1. Wife's Retirement The parties acknowledge that Wife has a retirement account with the PSERS and Husband does hereby waive any interest he had therein. Husband does hereby set over, transfer and assign to Wife any and all of his right, title, claim and interest in and to all or any portion of Wife's aforesaid Retirement. 5.3.2. Husband's Pension The parties acknowledge that Husband is the owner of a partial Teamster's Pension. The parties agree that Husband shall retain said pension as his sole and separate property. Wife does hereby set over, transfer and assign to Husband any and all of her right, title, claim and interest in and to all or any portion of the foregoing. 5.3.3. Other Retirement Accounts Each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be, in any other Pension Plan, Retirement Plan, Profit Sharing Plan, 401(k) Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, 111 Page 9 of 22 1 have read this page and voluntarily execute this agreement - PCH 16 A I +W Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property of the party in whose name or through whose employment said plan is carried. Should any plan set forth in 5.3 require either party to execute any document in order to effectuate the transfers contemplated herein, each party shall upon reasonable request timely cooperate and execute any required document(s) associated therewith. 5.4. Financial Assets 5.4.1. Bank Accounts Husband and Wife agree that they have divided their checking and savings accounts to their mutual satisfaction. Wife does hereby set over, transfer and assign to Husband any and all of her right, title, claim and interest in and to all or any portion of Husband's accounts and if necessary, documentation to effectuate the transfer of the accounts from joint ownership to Husband only shall be completed within 30 days of the date of this Agreement. Husband does hereby set over, transfer and assign to Wife any and all of his right, title, claim and interest in and to all or any portion of said account and if necessary, documentation to effectuate the transfer of the accounts from joint ownership to Wife only shall be completed within 30 days of the date of this Agreement. 5.5. Vehicles 5.5.1. 2005 Chevrolet Trailblazer. The parties acknowledge and agree that they jointly owned a 2005 Chevrolet Trailblazer. Husband transferred on October 11, 2011, all of his right, title, and interest to Wife and agrees to sign any and all additional documentation that may be required to effectuate the transfer. Wife shall be responsible for any and all debt associated with the Trailblazer and agrees to indemnify and hold Husband harmless from any and all liability and responsibility for said vehicle. 5.6. Hickey Appraisals, LLC. The parties acknowledge that Husband is the sole member of Hickey Appraisals, LLC. The parties agree that Husband shall retain Hickey Appraisals, LLC, and Ppge 10 of 22 t 1 have read this page and voluntarily execute this agreement - ! PCH all assets of any kind associated with Hickey Appraisals, LLC, including but not limited to the following, as his sole and separate property: a) computers; b) software; c) 2004 Chevrolet Silverado; d) office supplies; and e) Account #302075. Husband shall indemnify and hold Wife harmless from any and all debt and liabilities associated with Hickey Appraisals, LLC. Wife does specifically waive, release, renounce and forever abandon all of her right, title, interest or claim, whatever it may be, in Hickey Appraisals, LLC, and when called upon, she shall execute any document reflecting such release. 5.7. Lump Sum Payment. Upon entry of the final decree in divorce as referenced hereinabove in Section 4, Mutual Consent Divorce, Husband shall pay to Wife the lump sum of $58,000 as full and final payment on equitable distribution representing Wife's entire interest in the marital estate. If for any reason, said payment is not timely made, Wife shall have the right (but not the obligation) to immediately list the marital home for sale upon terms reasonably acceptable to Wife. Further, Husband and Wife shall list the property with a Pennsylvania licensed real estate broker and agent for the fair market value and shall accept any reasonable offer from a bona fide arms length purchaser. At the time of settlement, Wife shall be paid the sum of $58,000.00 plus reimbursement for her reasonable fees and costs incurred in enforcing her rights under this provision. Husband shall receive any excess net proceeds thereafter. In the event the sale does not generate sufficient net proceeds to cover Wife's entire interests as provided for hereunder, Husband shall issue Wife a cashier's check for the difference within forty eight (48) hours of settlement of the marital home. Wife shall bear no tax consequences from the sale of either property and Page 11 of 22 I have read this page and voluntarily execute this agreement - PCH k k Husband shall be solely responsible for such and shall indemnify and hold Wife harmless from such. 5.8. Outstanding Joint Debts. Except as set forth herein, all other debts, contracts, obligations or liabilities incurred at any time in the past by either of the parties will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and saved harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever appertaining to such actions, claims and demands. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 5.9. Consideration Of Equitable Distribution In Future Hearings. The parties specifically acknowledge their intent that all transfers of property, including any increase in value of these assets, shall be excluded from income and shall not be given any consideration whatsoever in any proceeding involving the payment of spousal support, alimony pendente lite, maintenance or alimony or child support. The parties acknowledge that the distributions under this paragraph are for equitable distribution of assets and that utilizing these assets or any increase in value of these assets in any manner in the calculation of income is prohibited. Notwithstanding the above, Husband and Wife do not intend to preclude income generated from such assets from support. 5.10. After-Acquired Property. Each of the parties shall from their date of separation and 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, l age 12 of 22 I have read this page and voluntarily execute this agreement - Ir r PCH 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. 5.11. Property of Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 5.12. Property of Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 5.13. Assumption of Encumbrances. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. Each party in possession of property to be awarded to the other party warrants that all dues, fees, assessments, mortgages, taxes, insurance payments and the like attendant to such property are current, or if not current, notice of any arrearage or deficiency has been given to the receiving party prior to the execution of this Agreement. 5.14. Taxes. By this Agreement, the parties have intended to effectuate and equitably divide their marital property. The parties have determined that such !l Page 13 of 22 1 have read this page and voluntarily execute this agreement - PC. f l division conforms to a right and just standard with regard to the rights of each party. Except as may be otherwise expressly provided herein, the division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the division of the marital property and the marital settlement herein contained, each party shall receive each item of property at the tax basis that existed for the item immediately before the execution of this Agreement, and that this Agreement is not intended to affect the tax basis or tax status for the property received by the party. The parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. 5.15. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorney's fees incurred by Wife in connection therewith. 5.16. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well- founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorney's fees incurred by Husband in connection therewith. 5.17. Warranty as to Future Obligations. Except as set forth in this Agreement, Husband and Wife each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, P, age 14 of 222 I have read this page and voluntarily execute this agreement - I PCH I'? property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 5.18. Release of Claims. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code. Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties hereby expressly release and relinquish, each to the other, every claim, demand, right and interest he or she may have in or against the other, or against his or her estate, together with any income or earnings thereon, arising from and during the marriage and of or from any other reason growing out of the marital relationship. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the date of 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. 6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE/ALIMONY RELEASE. The parties acknowledge that by this Agreement they have each Page 15 of 22 I have read this page and voluntarily execute this agreement - PCHk?p I 0 respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, spousal support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Except as provided for in this Agreement, it shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional spousal support from the other party. In the event that either of the parties shall seek a modification of the terms of this paragraph, or in the event that either party makes any claim for spousal support, alimony pendente lite or alimony other than as provided for by the terms of this Agreement, that party shall indemnify and hold the other party harmless from and against any loss resulting therefrom, including reasonable counsel fees and costs. 7. CUSTODY & CHILD SUPPORT. 7.1. CUSTODY: Custody shall be in accordance with the terms of the existing custody order entered to the above term and docket and may be modified by the parties as they may mutually agree from time to time. 7.2. CHILD SUPPORT: Child support shall be governed in accordance with the Court of Common Pleas, Cumberland County, Pennsylvania, docket number 00169 S 2010, Page 16 of T I have read this page and voluntarily execute this agreement - L'h; PCHJv PACSES Case Number 907111521. In addition, Wife shall provide health insurance coverage for the child. 7.3. TAX DEDUCTION: The parties shall alternate claiming the child on his or her annual tax returns with Wife declaring the child in 2011 and Husband declaring the child in 2012; and each parent shall cooperate to the fullest extent in completing FORM IRS 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent. 8. ACCEPTANCE AND RELEASES. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for termination of the marriage by divorce or annulment and except for all causes of action for breach of any provisions of this Agreement. The parties accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against each other, and each party does hereby specifically release and waive any and all rights he or she might have to raise claims under the Divorce Code and any Amendments thereto including, but not limited to claims for equitable distribution of marital property, spousal support, alimony, alimony pendente lite, counsel fees or expenses or for any other provision for their support and maintenance, and any other charge of any nature whatsoever pertaining to any divorce proceeding which may have been or may be instituted by the parties in any court in the Commonwealth of Pennsylvania or any other jurisdiction and/or any divorce proceeding which may be instituted by either party in any court in the Commonwealth of Pennsylvania or any other jurisdiction or any other counsel fees, costs or expenses incurred or to be charged by any counsel arising in any manner whatsoever except for breach of this Page 17 of 22; I have read this page and voluntarily execute this agreement - PCH it ? f ,I r Agreement. The fact that a party brings an action to enforce this Agreement under the Divorce Code and any Amendments thereto, does not give either party the right to raise other claims under the Divorce Code, specifically waived and released by this provision and all rights and obligations of the parties arising out of the marriage shall be determined by this Agreement. 9. COUNSEL FEES, COSTS AND EXPENSES. Except for the provisions in Paragraph 14, each party shall be solely responsible for all fees, costs and expenses incurred for their legal representation. 10MAIVER OF BENEFICIARY DESIGNATIONS. Unless otherwise expressly set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit, policy, annuity or like program or account carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final paychecks or any other post-death distribution scheme. Each party expressly states that it is his or her respective intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. In the event that the beneficiary designation is not formally changed prior to the death of the party, such that the other party continues to be named as beneficiary with no alternate beneficiary otherwise designated, the beneficiary shall be deemed to be the Estate of the deceased party and all benefits shall be distributed to the personal representative for the Estate of the deceased party, free of any claim by the other party. 11MAIVER OF INHERITANCE RIGHTS. Effective upon the signing of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the Will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights jMe 18 of 22I have read this page and voluntarily execute this agreement - PCH f L l V saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited, to a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 12. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 11SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 14. BREACH. If either party hereto is in breach of any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non- breaching party shall be entitled to recover from the breaching party all reasonable costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 15. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other provision of this Agreement. 16. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be affected by registered or certified mail, return receipt requested. Notice to Wife will be sufficient if made or addressed to the following: Marcia Hickey, and to Husband, if made or addressed to the following: Paul C Hickey, Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 17.APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. Page 19 of 2 I have read this page and voluntarily execute this agreement - M t CH 18. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 19.EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT. This Agreement shall remain in full force and effect even if the parties effect a reconciliation, cohabit as Husband and Wife or attempt to effect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or a term of this Agreement to be null and void. 20. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely of convenience of reference and shall not constitute a part of this Agreement nor shall they effect its meaning, construction or affect. 21.AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement, except as otherwise expressly provided herein, shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 22. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including other documents to which it refers; that he or she has been provided with an opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it voluntarily; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. age 20 of 22 I have read this page and voluntarily execute this agreement - lri PCH `L 0 ?* 1 23.MUTUAL COOPERATION. Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorneys' fees, costs, and other expenses reasonably incurred as a result of such failure. 24.AGREEMENT NOT TO BE MERGED. This Agreement shall remain in full force and effect in the event of the parties' divorce. This Agreement shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are not waived or released by this Agreement. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. WITNESS: I have read this page and voluntarily execute this 21 of 22 PCH j o 00 COMMONWEALTH OF PENNSYLVANIA ) SS.: COUNTY OFCumberlan ) On this the day of j A2!LAA , 20_LL< before me, the undersigned officer, personally appeared Paul C Hickey, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set mend and notarial seal. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA) SS.: COUNTY OFCumberland ) A. 64UWK On this Thursday, March 01, 2012, before me, the undersigned officer, personally appeared Marcia Hickey, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. My Commission Expires: M=2W3 age 22 of/2? I have read this page and voluntarily execute this agreement - M ?`PCH IG Marcia Hickey, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-1554 Civil Paul C Hickey, CIVIL ACTION - LAW -ate N Defendant IN DIVORCE xarn ;C3. M-- tin -<fi' cry i 3?c? AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code wasgiled,?-,bn March 12 2009, and service was obtained upon the defendant on March 13 2009 by certified mail number 7007 2680 0000 2362 7310 and an amended Complaint in Divorce was filed on April 12 2010 with Defendant's counsel accepting service thereof on April 20, 2010. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. 1 consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. 1 have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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.A. Section 4904, relating to unsworn falsification to authorities. L_-- Date: /J ? / v .4 of PJ C Paul C Hickey Marcia Hickey, Plaintiff V. Paul C Hickey, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1554 Civil CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE ,C) rn z;:0 U) r- c? ^.J N ET -v r=`> ?rn 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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. 4. 1 verify that the statements made herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. A. Section 4904, relating to unworn falsification of authorities. Date: IK -,,4V ? / ?_ C ?LA Paul C Hickey MARCIA HICKEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09-1554 CIVIL PAUL C. HICKEY, Defendant CIVIL ACTION - LAW -c ' S IN DIVORCE L- 2 , c r*J . PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301( c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 12, 2009. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penaltie'pf 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 2 Dated: / 1 l? Signat? re: c C 0A (A MARCIA HICKEY, Plaintiff V. PAUL C. HICKEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1554 CIVIL CIVIL ACTION - LAW IN DIVORCE cn r _ rr te cr1 .) r -- < C= WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. 1 consent to 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.§4904, relating to unsworn falsification to authorities. Date: 31141 1?- MARCIA HICKEY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLV29qIA ? - LZ J err wW? Emr_= =:T) ? i V. NO. 09-1554 CIVIL CIVIL - DIVORCE; :.ms's -- PAUL HICKEY _; Defendant <.3 AFFIDAVIT OF SERVICE Undersigned Assistant for John Kerr Law, P.C., deposes and states as follows: 1. Undersigned Legal Assistant, Angela D. Feese is employed as a Legal Assistant for John Kerr Law, P.C., maintaining an office at 5020 Ritter Road, Suite 104, Mechanicsburg, Pennsylvania 17055. 2. On June 12, 2009 the undersigned office sent by Certified Mail, Return Receipt Requested, from Mechanicsburg, Pennsylvania, No.7007 2680 0000 2362 7488, a Complaint in Divorce in the above-captioned matter to: Paul C. Hickey 804 Beacon Hill Rd New Cumberland, PA 17070 3. June 13, 2009, Paul C. Hickey, signed the receipt, No. 7007 2680 0000 2362 7488 which is appended to this Affidavit. Respectfully submitted, v Ange Feese, Legal Assistant John Kerr Law, P.C. 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717) 766-4008 Dated March 27, 2012 Sworn and subscribed before me, a Notary Public, this 27th day of March, 2012, NOTARIAL SEAL Uej?n Parvin M. Mehrtash, Notary Public ^AA Upper Al iss on Expires March 07 2018 rG2 ?...- f/, ty N Notary Public cO CE3 it • No In surance Coverage fwvWed) For deliver informati n visit o rn r bsite at w y o u wwuspsxo ? we ru -0 M Postage $ $0.44 0043 I'l.l Certified Fee $2.80 02 O O Return Receipt Fee (Endorsement Required) #?• Postmark Here C3 O Restricted Delivery Fee (Endorsement Required) $0 -0 Total Postage & Fees ? $5 061121201AR It nt To 1 . f Streept. No.'-, j or PO Box No. CI State, ZfP+4 PS Form :3800 August 2006 See Reverse for InstrUctions , ¦ Complete items 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: i CWn bUJOJ-I ?A I q0-70 A. Slgn re X [3 Agent ? Addressee l en B. RX71by(Pri? Iei Date D. Is delivery address different fl)bm item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7007 2680 0000 2362 7488 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-o2-M-1540 n.^; r e A.? R r; n r. j1 "f T PENN Marcia Hickey, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-1554 Civil Paul C Hickey, CIVIL ACTION - LAW Defendant IN DIVORCE POST NUPTIAL MARITAL SETTLEMENT AGREEMENT DATE: 2012 Contents 1. ADVICE OF COUNSEL .............................................. ........................................................ 5 2. DISCLOSURE OF ASSETS ....................................... ........................................................ 5 3. PERSONAL RIGHTS .................................................. ........................................................ 6 4. MUTUAL CONSENT DIVORCE ................................ ........................................................ 6 5. EQUITABLE DISTRIBUTION ..................................... ........................................................ 7 5.1. Real Property ........................................................ ......................................................... 7 5.1.1. Marital Home .................................................. ......................................................... 7 5.1.2. Mortgage on the Marital Home ................... ......................................................... 8 5.2. Contents of Marital Home and Other Personal Property ........................................ 8 5.3. Retirement Benefits .............................................. ......................................................... 9 5.3.1. Wife's Retirement .......................................... ......................................................... 9 5.3.2. Husband's Pension ....................................... ......................................................... 9 5.3.3. Other Retirement Accounts ......................... ......................................................... 9 5.4. Financial Assets .................................................... ....................................................... 10 5.4.1. Bank Accounts ............................................... ....................................................... 10 5.5. Vehicles .................................................................. .......................................................10 5.5.1. 2005 Chevrolet Trailblazer ........................... ....................................................... 10 5.6. Hickey Appraisals, LLC ....................................... ....................................................... 10 5.7. Lump Sum Payment ............................................ ....................................................... 11 5.8. Outstanding Joint Debts ...................................... ....................................................... 12 5.9. Consideration Of Equitable Distribution In Future Hearings ................................. 12 5.10. After-Acquired Property ................................... ....................................................... 12 5.11. Property of Wife ................................................. ....................................................... 13 5.12. Property of Husband ......................................... ....................................................... 13 5.13. Assumption of Encumbrances ........................ ....................................................... 13 5.14. Taxes .................................................................. ....................................................... 13 5.15. Indemnification of Wife ..................................... ....................................................... 14 5.16. Indemnification of Husband ............................. ....................................................... 14 5.17. Warranty as to Future Obligations ................. ....................................................... 14 5.18. Release of Claims ............................................. ....................................................... 15 6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE/ALIMONY RELEASE ............. 15 7. CUSTODY & CHILD SUPPORT ............................... ........................................................ 16 7.1. CUSTODY: ............................................................. ........................................................ 16 7.2. CHILD SUPPORT: ............................................... ............................ ........................... 16 7.3. TAX DEDUCTION: ............................................... ........................................................ 17 8. ACCEPTANCE AND RELEASES ............................ ........................................................ 17 9. COUNSEL FEES, COSTS AND EXPENSES ........ ........................................................ 18 10. WAIVER OF BENEFICIARY DESIGNATIONS ... ........................................................ 18 11. WAIVER OF INHERITANCE RIGHTS .................. ........................................................ 18 12. MODIFICATION ....................................................... ....................................................... 19 13. SEVERABILITY ........................................................ .......................................................19 14. BREACH .................................................................... ......................................................19 15. WAIVER OF BREACH ............................................ ....................................................... 19 16. NOTICE ..................................................................... ...................................................... 19 Page 2 of 22 k I have read this page and voluntarily execute this agreement - MHO; PCH 17. APPLICABLE LAW ......................................................................................................... 19 18. DATE OF EXECUTION .................................................................................................. 20 19. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT .................... 20 20. HEADINGS NOT PART OF AGREEMENT ................................................................ 20 21. AGREEMENT BINDING ON PARTIES AND HEIRS ................................................ 20 22. ENTIRE AGREEMENT .................................................................................................. 20 23. MUTUAL COOPERATION ............................................................................................. 21 24. AGREEMENT NOT TO BE MERGED .......................................................................... 21 Page 3 of 22 I have read this page and voluntarily execute this agreement - MCI ` ; PCH r POST NUPTIAL MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this day of , 2012, by and between Paul C Hickey (hereinafter referred to as "Husband"), and Marcia Hickey (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully married on June 15 1996, in Gatlinburg, Tennessee; WHEREAS, the parties are the parents of one child namely: Ashlynn DOB July 29, 1999; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; AND NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: Page 4 of 22 PCH I have read this page and voluntarily execute this agreement - Mk, ; ? ?' 1. ADVICE OF COUNSEL. Wife has employed and had the benefit of the counsel of John M Kerr, Esquire, as her attorney. Husband has employed and had the benefit of the counsel of James A. Miller, Esquire, of Miller Lipsitt, LLC, as his attorney. Each party acknowledges that he or she fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Each party hereto acknowledges that he or she understands the impact of the Pennsylvania Divorce Code, whereby the Court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties and waives their respective right to have the Court of Common Pleas of Cumberland County or any other Court of competent jurisdiction to make any determination or order affecting the respective parties' right to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed or has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or Page 5 of 22 I have read this page and voluntarily execute this agreement - MHi PCH f evaluated by the court of this Commonwealth or any other court of competent jurisdiction. Husband and Wife represent and warrant that each has disclosed to the other in full his or her respective assets, liabilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable and is satisfactory to them. The remedies available to either party for breach or violation of this provision shall be those remedies available pursuant to law and equity. Each party retains the right to assert a claim against the other for failure to fully and fairly disclose his or her income, assets and liabilities, if it is later determined that there has been a failure to disclose, including but not limited to a claim of constructive trust. 3. PERSONAL RIGHTS. Husband and.Wife may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the cause that led to, or resulted in, the continuation of their living apart. Husband and Wife 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 him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. Husband and Wife agree that they will seek a final decree in divorce pursuant to the terms of this paragraph. Wife has filed an action for divorce in Cumberland County, Docket No. 09-1554 Civil. Said action included economic claims pursuant to the Divorce Code and such claims are hereby completely and finally resolved by this Agreement. Moreover, neither party may rage o or cc I have read this page and voluntarily execute this agreement - MN4 ; PCH A- assert any additional ancillary economic claims otherwise authorized by the Divorce Code, and all such ancillary claims are specifically waived by the terms of this Agreement. Concurrently with the execution of this Agreement, the parties shall sign and have duly acknowledged an Affidavit of Consent to a divorce and a Waiver of Notice. Additionally, Wife shall petition to withdraw and terminate the Master appointment entered on May 19, 2011. Subsequent thereto, Wife's counsel shall praecipe for a final decree in divorce. The Praecipe to Transmit the Record shall not be submitted to the court prior to Husband notifying Wife that Husband's health insurance coverage is in place. Upon such notification, Wife shall notify her counsel to file the praecipe with the court requesting that the final decree in divorce be entered incorporating the herein Agreement. 5. EQUITABLE DISTRIBUTION. 5.1. Real Property 5.1.1. Marital Home. The parties acknowledge that they currently hold title as tenants by the entireties to that certain house and lot and all improvements thereupon situated at 804 Beacon Hill Road, New Cumberland, Cumberland County, PA 17070 (collectively, "the Marital Home"). The Wife's interest in the Marital Home shall be transferred to Husband by a Special Warranty Deed prepared by Husband's counsel and in a recordable form. The Special Warranty Deed shall be from Husband and Wife, as Grantors, to Husband; as Grantee, and shall be executed by Husband and Wife. The Special Warranty Deed shall be executed concurrently with this Agreement and shall be delivered to and held in escrow by Husband's counsel until Husband refinances the existing mortgages on the property on or before May 31, 2012. All home mortgage interest accounts, real estate tax accounts.and homeowner's insurance accounts shall inure to the benefit of Husband including any escrow accounts and upon reasonable request by Husband, Wife shall execute any document necessary reflecting her relinquishment therein. Rage / of LL I have read this I'ab*e and voluntarily execute this agreement I?IIi PCH , Husband shall keep Wife and her assigns, heirs, executors and administrators indemnified and held harmless from any past, present or future claims, penalties, liability, cost or expense, including, without limitation, reasonable attorney's fees and expert fees, arising out of or in any way related to the Marital Home. The foregoing indemnification obligation shall also include any costs or expenses (including, without limitation, reasonable attorney's fees) incurred by Wife in enforcing Husband's indemnification obligation. Wife shall provide Husband notice within 30 days of any creditors' notice of default Wife may receive relative to the Marital Home so that Husband may immediately cure any such default thereby honoring this indemnity provision and alleviating any and all costs, fees and/or expenses associated with any creditors' claims associated therewith. Should Wife receive any such notice and fail to notify Husband thereof, then Husband's indemnity obligation shall be of no force or effect and Wife shall not be entitled to seek enforcement of Husband's indemnity thereon. 5.1.2. Mortgage on the Marital Home. At the time of execution hereof, the parties acknowledge that there is only one mortgage against the Marital Home namely, Chase mortgage loan number 1213148780. Husband agrees to be fully responsible for any obligation associated with the Marital Home including the Chase mortgage loan number 1213148780 in the names of Husband and Wife and to indemnify and hold Wife and her assigns, heirs, executors and administrators harmless from any and all liability for the mortgage, insurance, taxes, utilities, maintenance and repairs applicable to or associated with the Marital Home. Husband shall refinance the existing mortgage on the property on or before May 31, 2012. 5.2. Contents of Marital Home and Other Personal Property 5.2.1. Husband shall and does hereby set over, transfer and assign to Wife all of his right, title, claim and interest in and to, including but not limited to all of her clothes, jewelry, personalty and other items of tangible property of Page 8 of 22 I have read this page and voluntarily execute this agreement - MH-U'L; PCH ?? whatever nature of Wife's as well as other jewelry and personal property in Wife's possession as of the date of this Agreement. 5.2.2. Wife shall and does hereby set over, transfer and assign to Husband all of her right, title, claim and interest in and to all of the property at the marital residence, including but not necessarily limited to all furniture, furnishings, rugs, carpets, household appliances and equipment, clothes, jewelry, personalty and other items of tangible property of whatever nature, as well as other jewelry and personal property in Husband's possession as of the date of this Agreement. 5.3. Retirement Benefits 5.3.1. Wife's Retirement The parties acknowledge that Wife has a retirement account with the PSERS and Husband does hereby waive any interest he had therein. Husband does hereby set over, transfer and assign to Wife any and all of his right, title, claim and interest in and to all or any portion of Wife's aforesaid Retirement. 5.3.2. Husband's Pension The parties acknowledge that Husband is the owner of a partial Teamster's Pension. The parties agree that Husband shall retain said pension as his sole and separate property. Wife does hereby set over, transfer and assign to Husband any and all of her right, title, claim and interest in and to all or any portion of the foregoing. 5.3.3. Other Retirement Accounts Each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be, in any other Pension Plan, Retirement Plan, Profit Sharing Plan, 401(k) Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, d Page 9 of 22 I have read this page and voluntarily execute this agreement - MR! ? PCH # Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property of the party in whose name or through whose employment said plan is carried. Should any plan set forth in 5.3 require either party to execute any document in order to effectuate the transfers contemplated herein, each party shall upon reasonable request timely cooperate and execute any required document(s) associated therewith. 5.4. Financial Assets 5.4.1. Bank Accounts Husband and Wife agree that they have divided their checking and savings accounts to their mutual satisfaction. Wife does hereby set over, transfer and assign to Husband any and all of her right, title, claim and interest in and to all or any portion of Husband's accounts and if necessary, documentation to effectuate the transfer of the accounts from joint ownership to Husband only shall be completed within 30 days of the date of this Agreement. Husband does hereby set over, transfer and assign to Wife any and all of his right, title, claim and interest in and to all or any portion of said account and if necessary, documentation to effectuate the transfer of the accounts from joint ownership to Wife only shall be completed within 30 days of the date of this Agreement. 5.5. Vehicles 5.5.1. 2005 Chevrolet Trailblazer. The parties acknowledge and agree that they jointly owned a 2005 Chevrolet Trailblazer. Husband transferred on October 11, 2011, all of his right, title, and interest to Wife and agrees to sign any and all additional documentation that may be required to effectuate the transfer. Wife shall be responsible for any and all debt associated with the Trailblazer and agrees to indemnify and hold Husband harmless from any and all liability and responsibility for said vehicle. 5.6. Hickey Appraisals, LLC. The parties acknowledge that Husband is the sole member of Hickey Appraisals, LLC. The parties agree that Husband shall retain Hickey Appraisals, LLC, and Tage 10 of 22 I have read this page and voluntarily execute this agreement - Mi , PCH O all assets of any kind associated with Hickey Appraisals, LLC, including but not limited to the following, as his sole and separate property: a) computers; b) software; c) 2004 Chevrolet Silverado; d) office supplies; and e) Account #302075. Husband shall indemnify and hold Wife harmless from any and all debt and liabilities associated with Hickey Appraisals, LLC. Wife does specifically waive, release, renounce and forever abandon all of her right, title, interest or claim, whatever it may be, in Hickey Appraisals, LLC, and when called upon, she shall execute any document reflecting such release. 5.7. Lump Sum Payment. Upon entry of the final decree in divorce as referenced hereinabove in Section 4, Mutual Consent Divorce, Husband shall pay to Wife the lump sum of $58,000 as full and final payment on equitable distribution representing Wife's entire interest in the marital estate. If for any reason, said payment is not timely made, Wife shall have the right (but not the obligation) to immediately list the marital home for sale upon terms reasonably acceptable to Wife. Further, Husband and Wife shall list the property with a Pennsylvania licensed real estate broker and agent for the fair market value and shall accept any reasonable offer from a bona fide arms length purchaser. At the time of settlement, Wife shall be paid the sum of $58,000.00 plus reimbursement for her reasonable fees and costs incurred in enforcing her rights under this provision. Husband shall receive any excess net proceeds thereafter. In the event the sale does not generate sufficient net proceeds to cover Wife's entire interests as provided for hereunder, Husband shall issue Wife a cashier's check for the difference within forty eight (48) hours of settlement of the marital home. Wife shall bear no tax consequences from the sale of either property and Page 11 of 22 ; PCH [ 1 have read this page and voluntarily execute this agreement - MR Husband shall be solely responsible for such and shall indemnify and hold Wife harmless from such. 5.8. Outstanding Joint Debts. Except as set forth herein, all other debts, contracts, obligations or liabilities incurred at any time in the past by either of the parties will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and saved harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever appertaining to such actions, claims and demands. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 5.9. Consideration Of Equitable Distribution In Future Hearings. The parties specifically acknowledge their intent that all transfers of property, including any increase in value of these assets, shall be excluded from income and shall not be given any consideration whatsoever in any proceeding involving the payment of spousal support, alimony pendente lite, maintenance or alimony or child support. The parties acknowledge that the distributions under this paragraph are for equitable distribution of assets and that utilizing these assets or any increase in value of these assets in any manner in the calculation of income is prohibited. Notwithstanding the above, Husband and Wife do not intend to preclude income generated from such assets from support. 5.10. After-Acquired Property. Each of the parties shall from their date of separation and 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, Page 12 of 2 I have read this page and voluntarily execute this agreement - MH A PCH 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. 5.11. Property of Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 5.12. Property of Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 5.13. Assumption of Encumbrances. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. Each party in possession of property to be awarded to the other party warrants that all dues, fees, assessments, mortgages, taxes, insurance payments and the like attendant to such property are current, or if not current, notice of any arrearage or deficiency has been given to the receiving party prior to the execution of this Agreement. 5.14. Taxes. By this Agreement, the parties have intended to effectuate and equitably divide their marital property. The parties have determined that such Page 13 of 22 [ have read this page and voluntarily execute this agreement -- MH `_;'+ PCH TC f division conforms to a right and just standard with regard to the rights of each party. Except as may be otherwise expressly provided herein, the division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the division of the marital property and the marital settlement herein contained, each party shall receive each item of property at the tax basis that existed for the item immediately before the execution of this Agreement, and that this Agreement is not intended to affect the tax basis or tax status for the property received by the party. The parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. 5.15. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorney's fees incurred by Wife in connection therewith. 5.16. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well- founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorney's fees incurred by Husband in connection therewith. 5.17. Warranty as to Future Obligations. Except as set forth in this Agreement, Husband and Wife each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, - Page 14 of 22 I have read this page and voluntarily execute this agreement - MHj,?;, PCH 0 property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 5.18. Release of Claims. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code. Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties hereby expressly release and relinquish, each to the other, every claim, demand, right and interest he or she may have in or against the other, or against his or her estate, together with any income or earnings thereon, arising from and during the marriage and of or from any other reason growing out of the marital relationship. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the date of 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. 6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE/ALIMONY RELEASE. The parties acknowledge that by this Agreement they have each Page 15 of 22 I have read this page and voluntarily execute this agreement - MH PCJC respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, spousal support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Except as provided for in this Agreement, it shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional spousal support from the other party. In the event that either of the parties shall seek a modification of the terms of this paragraph, or in the event that either party makes any claim for spousal support, alimony pendente lite or alimony other than as provided for by the terms of this Agreement, that party shall indemnify and hold the other party harmless from and against any loss resulting therefrom, including reasonable counsel fees and costs. 7. CUSTODY & CHILD SUPPORT. 7.1. CUSTODY: Custody shall be in accordance with the terms of the existing custody order entered to the above term and docket and may be modified by the parties as they may mutually agree from time to time. 7.2. CHILD SUPPORT: Child support shall be governed in accordance with the Court of Common Pleas, Cumberland County, Pennsylvania, docket number 00169 S 2010, age 16 of 22 I have read this page and voluntarily execute this agreement - MH ' _ PCH ,? PACSES Case Number 907111521. In addition, Wife shall provide health insurance coverage for the child. 7.3. TAX DEDUCTION: The parties shall alternate claiming the child on his or her.annual tax returns with Wife declaring the child in 2011 and Husband declaring the child in 2012; and each parent shall cooperate to the fullest extent in completing FORM IRS 8332, Release/ Revocation of Release of Claim to Exemption for Child by Custodial Parent. 8. ACCEPTANCE AND RELEASES. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for termination of the marriage by divorce or annulment and except for all causes of action for breach of any provisions of this Agreement. The parties accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against each other, and each party does hereby specifically release and waive any and all rights he or she might have to raise claims under the Divorce Code and any Amendments thereto including, but not limited to claims for equitable distribution of marital property, spousal support, alimony, alimony pendente lite, counsel fees or expenses or for any other provision for their support and maintenance, and any other charge of any nature whatsoever pertaining to any divorce proceeding which may have been or may be instituted by the parties in any court in the Commonwealth of Pennsylvania or any other jurisdiction and/or any divorce proceeding which may be instituted by either party in any court in the Commonwealth of Pennsylvania or any other jurisdiction or any other counsel fees, costs or expenses incurred or to be charged by any counsel arising in any manner whatsoever except for breach of this Page 17 of 22 1 have read this page and voluntarily execute this agreement - MH PCH k_V bran San a??10n to enfpfGe this Agreement under Agreement. The fact fha? 2 qa? not give either party the right the Divorce Code and any Amendments thereto, dec fically waived and released by to raise other claims under the Divorce Code, sp this provision and all rights and obligations of the parties arising out of the marriage shall be determined by this Agreement. g. COUNSEL FEES, COSTS AND EXPENSES. Except for the provisions in Paragraph 14, each party shall be solely responsible for all fees, costs and expenses incurred for their legal representation. 1o.WAIVER OF BENEFICIARY DESIGNATIONS. Unless otherwise expressly set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit, policy, annuity or like program or account carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank to s accounts, final paychecks or any other post-death distribution scheme. Each party expressly states that it is his or her respective intention to revoke by the terms of Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. In the event that the beneficiary such designation is not formally changed prior to the death of the aparty, that the lternate beneficiary other party continues to be named as beneficiary with no otherwise designated, the beneficiary shall be deemed to be the Estate othe deceased party and all benefits shall be distributed to the personal representative the Estate of the deceased party, free of any claim by the other party. 11.WAIVER OF INHERITANCE RIGHTS. Effective upon the signing of this Agreement, Husband and Wife each waives all rights of inheritance in the estate on the other, any right to elect to take against the Will or any trust of the itotherro rights which the other has an interest, and each of the parties waives any additional the rights which said party has or may have by reason of their marriage, except I have read this page and voluntarily execute this agreement - MH_ ge 18 of 22J? PCHr saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited, to a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 12. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 11SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 14. BREACH. If either party hereto is in breach of any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non- breaching party shall be entitled to recover from the breaching party all reasonable costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 15. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other provision of this Agreement. 16. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be affected by registered or certified mail, return receipt requested. Notice to Wife will be sufficient if made or addressed to the following: Marcia Hickey, and to Husband, if made or addressed to the following: Paul C Hickey, Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 17.APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 1 have read this page and voluntarily execute this agreement - M11 ge 19 of 22 PCH tk 18. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 19. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT. This Agreement shall remain in full force and effect even if the parties effect a reconciliation, cohabit as Husband and Wife or attempt to effect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or a term of this Agreement to be null and void. 20. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely of convenience of reference and shall not constitute a part of this Agreement nor shall they effect its meaning, construction or affect. 21.AGREEMENT BINDING ON PARTIES AND HEIRS. 'This Agreement, except as otherwise expressly provided herein, shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 22.ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including other documents to which it refers; that he or she has been provided with an opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it voluntarily; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 1 Page 20 of 22 i ; I have read this page and voluntarily execute this agreement -1?IH?- '; PCH J 23.MUTUAL COOPERATION. Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorneys' fees, costs, and other expenses reasonably incurred as a result of such failure. 24.AGREEMENT NOT TO BE MERGED. This Agreement shall remain in full force and effect in the event of the parties' divorce. This Agreement shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are not waived or released by this Agreement. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. WITNESS: Paul C Hickey Marcia Hickey` Page 21 of 22? [have read this page and voluntarily execute this agreement- MI-1 PCH COMMONWEALTH OF PENNSYLVANIA SS.: COUNTY OF Cumberland ) On this the day of 20f before me, the undersigned officer, personally appeared Paul C Hickey, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ",.t, My Commission Expires: COMMONWEALTH OF PENNSYLVANIA) SS.: Maw A- WK MW Puft COUNTY OFCumberland ) On this Thursday, March 01, 2012, before me, the undersigned officer, personally appeared Marcia Hickey, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. My Commission Expires: v [ AM HIM - 'ad inw/lAW. Kftyrota ?e?rrrbow , Wr&NW acv oaf Page 22 0 22? I have read this page and voluntarily execute this agreement --- MH PCH MARCIA HICKEY f' -1112 MAR 27 P11I 1: 0 ?. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v?,UMBEFtLANO C0LJIA -[ `.' PENNS"i LVAmI A ; CIVIL DIVISION PAUL C. HICKEY : NO. 09-1554 CIVIL TERM 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)) and §{339}(3)(}j? of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: March 12, 2009/Certified Restricted Delivery USPS; April 20, 2010/Counsel Miller accepted service of amended complaint. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff March 13, 2012 ; by defendant March 2, 2012 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: None- Post Nuptual Marital Settlement Agreement to be incorporated. 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: March 16, 2012 Date defendant's Waiver of Notice was filed with the Prothonotary: March 16, 2012 W, h4i 4w -- orney for Plaintiff/Defendant MARCIA HICKEY V. PAUL C. HICKEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1554 CIVIL TERM DIVORCE DECREE AND NOW, k9W 3 A 11:U RK, '.O1 , it is ordered and decreed that MARCIA HICKEY , plaintiff, and PAUL C. HICKEY bonds of matrimony. defendant, are divorced from the 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.") NONE By the Court, ??0 flee ff Co)' ?/ Mc,, C a-<l 7(o c3&1(y