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HomeMy WebLinkAbout04-5392 F\FILES'J>ATAFILE"'Gcnrrar.cUR'mI\llJllJ I COIqJlBinl C'l"MIcd 9'21104 OOflPM Re\'IKd 10/2S:u.s OltiPM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-334 I Attorneys for Plaintiff JUDITH J. FICKEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- S'J'i'.'t. C,"f..JLL 7E1L'1 CIVIL ACTION - LAW v. JAMES R. FICKEL, Defendant IN DIVORCE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the CoUrt. A jUdgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. NOTICE TO DEFEND AND CLAIM RIGHTS When the ground for the divorce is indignities or irretrievable breakdown of the maniage, you may request maniage counseling. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAwYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAwYER AT ONCE. IF YOU DO NOT HAVE A LAwYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAwYER. IF YOU CANNOT AFFORD TO HIRE A LA wYER, THIS OFFICE MA Y BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 170 13 Telephone (71 7) 249-3166 JUDITH J. FICKEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYL V ANlA NO. 04- ~ J~ (?LV.:L ~Ett.t CIVIL ACTION - LA W v. JAMES R. FICKEL, Defendant IN DIVORCE I. Plaintiff is Judith J. Fickel, who Currently resides at 8 Broad Street, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is James R. Fickel, who currently resides at 444 Centerville Road, Newville, Cumberland COUnty, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 16, 1972, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the Parties. 6. The marriage is irretrievably broken. 7. PIaintiffhas been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to Participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce . DIVORCE COMPLAINT UNnER SECTION 330J(CI OF THE DIVORCE CODl; MARTS ON DEARDORFF WILLIAMS & OTTO Date: I () j z slcr.( B, .. ~j) Jennifi t L. pea ,Esquire Ten EdSt High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff The foregoing Divorce Complaint is based upon infonnation which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of cOunsel and not my own. I have read the document and to the extent that it is based upon infonnation which I have given to my counsel, it is true and correct to the best of my knoWledge, infonnation and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. VERIFICATION This statement and verification are made subject to the penalties of I 8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false avennents, I may be subject to criminal penalties. <-:;-/'d/~h I:A .l$~ ~P// ) Judith . Fickel . ~ .tQ. ~l.~ ..... o~ c., - r- fA" ~ ~ :r.J ~ CY p::- i I '. :":' ~ '. '; .. . ~ - . i ;: ~ ",1 f"'\ ~"-~ ej ." _0"' ... C:"J (..,' F: IFILESIDA T AFILE\Genera1\Current\ 11303.1.affidavitservice Created' 9120/04 0:06PM Revised 1113/04 1O'45AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDITH J. FICKEL, v. NO. 04-5392 CIVIL ACTION - LAW JAMES R. FICKEL, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in Divorce was mailed to Defendant James R. Fickel at 444 Centerville Road, Newville, PA 17241 on October 27,2004, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "James R. Fickel" and dated October 28,2004. Sworn to and subscribed before me thiqL day of November, 2004. u... ?&lIZ Notary Public NOTARIAL SEAL VICTORIA L OTTO, NOTARY PUBllC CARLISLE BORO:1 CUMBERLAND COUNTY MY COMMISSION EXPIRES DEC. 2 2006 <0 CJ .ll rn M CJ ru M M CJ CJ CJ U.S. Postal Service,,: CERTIFIEn M ^.IL", RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) CJ Restricted Delivery Fee 8 (Endorsement Required) M N€WItIi PlFI'~C I Postage $ $3.85 i Certified Fee $2.30 ! Return Reclept Fee $1.75 (Endorsement Required) Total Postage & Fees $3.50 $ $11.~0 , } .'/ ..1' lel271201)~/ " rn CJ CJ I"'- 7003 1010 0001 1201 3608 HI i Ip;...~t~~~_u~ HOrn... ~~~:: y; i :::.:: '",.. ..."': l.,~ ~-:f'; :':.l -<:, (") ~~; ~::':: ......, = = .&"" % C> .-::: I :' o -n :C-n [" - fTI -06 -'] :'~~-f :T: :D s:;?o C)m .':...\ ~ -0 ::!t I;? (".) Cfj JUDITH J. FICKEL, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-5392 CIVIL TERM JAMES R. FICKEL, DEFENDANT CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on behalf of the defendant, JAMES R. FICKEL, in the above captioned case. Respectfully submitted, By: Date: November 3,2004 JUDITHJ. FICKEL, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-5392 CIVIL TERM JAMES R. FICKEL, DEFENDANT CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, ill, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Jennifer L. Spears, Esq. Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 IRWIN & McKNIGHT By: Marcus A. McKm 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court 1.0. No. 25476 Date: November 3,2004 2 n ~~?; r.+~ ;_t_, i ". .. '. .~ I ( 1 ---. ("'-- ::=J -<. /'--) = c::> ...r:- Z o <: t .;::- o -n "::;3 :t. II rnp -"rn :!:)O U(.l.. :....J4~ '"~~'Il (~}. (') ('51'11 :..~ 1.... ::(1 -< -n ...,... ....... .r:- w JUDITH J. FICKEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004.5392 CIVIL TERM JAMES R. FICKEL, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER JAMES R. FICKEL, Defendant, moves the court to appoint a master with respect to the following claims: Divorce Costs and Expenses Distribution of Property and in support of the motion states: I. Discovery is complete as the claims(s) for which the appointment of a master is requested. 2. The Defendant, James R. Pickel, has appeared in this action by his attorney, Marcus A. McKnight, III, Esquire. 3. The statutory ground for divorce is No.Pault 3301(c). 4. Delete the inapplicable paragraph(s): a. The action is contested. b. An agreement has been reached with respect to the following claims: Divorce c. The action is contested with respect to the following claims: Costs and Expenses, Distribution of Property 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one.half (Y:z) day. 7. Date: ORDER APPOINTING MASTER AND NOW the following claims: , Esquire, is appointed Divorce Master with respect to By the Court: J. ~- + ~' ,~- \,,-~ ' ------------- v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-5392 CIVIL TERM JUDITH J. FICKEL, Plaintiff JAMES R. FICKEL, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER JAMES R. FICKEL, Defendant, moves the court to appoint a master with respect to the following claims: Di vorce Costs and Expenses Distribution of Property and in support of the motion states: I. Discovery is complete as the claims( s) for which the appointment of a master is requested. 2. The Defendant, James R. Fickel, has appeared in this action by his attorney, Marcus A. McKnight, III, Esquire. 3. The statutory ground for divorce is No.Fault 330] (c). 4. Delete the inapplicable paragraph(s): a. The action is contested. b. An agreement has been reached with respect to the following claims: Di vorce c. The action is contested with respect to the following claims: Costs and Expenses, Distribution of Property 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one-half ('/2) day. 7. Date: ORDER APPOINTING MASTER ANDNOW'r;'I't~, '. jCd'" the following claims: ./ f f . 'K.,lr::...L .!/"(E~(uire, is appointed Divorce M~ with respect to t .-(4-e;, oR . . / /// By th(!Uft: ~ €::' . ---------- 1. ~ 4: !-c. w9 c2c5 n_--;~ ;~)~ \~ c~ (:jO~ 'DO- dUJ U-j'!:: 0'\ .n U- o e> x: a.. r ~- ~ /- :J.o.--( ~~3~ -,::-J ':.":/- .,'<J) '-)~ '::1d~ """"';' .:.) o I :> c> :z: .,., = = <'" f'.;..... I "I JUDITH J. FICKEL, PIaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-5392 CIVIL TERM JAMES R. FICKEL, DefendanUPetitioner CIVIL ACTION - LAW IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW, this 15th day of November 2005, comes the Petitioner, James R. Fickel, by his attorneys, IRWIN & McKNIGHT, and makes the following Petition for Economic Relief against the Respondent, Judith J. Fickel, as follows: I. The Petitioner is James R. Fickel who is the Defendant in a divorce action filed at Docket Number 2004.5392 in Cumberland County, Pennsylvania. His address is 444 Centerville Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Respondent is Judith J. Fickel who is the Plaintiffthis divorce action. Her address is 8 Broad Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The petitioner seeks the following relief from the Court: a. Equitable distribution of the marital assets; b. Costs and expenses; and c. Counsel fees. WHEREFORE, the Petitioner, James R. Fickel, requests the relief set forth above. Respectfully submitted, IRWIN & McKNIGHT Date: November 15, 2005 2 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date. November 15,2005 3 ~ ........... -..J - \> c:x- <N ~ ~J ~ '\ 0- ~ () -n ;;-.~ ~-~1 ~. ;-i, -, ---', , r --. C> i; r'J f,r) ::';2 (.,<) F\FILESIDA T AFILE\Gc:neral\Current\ 1 IJ03 Imsal R~vi~d: 6/28/06 4:40PM Jennifer L. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO J.D. 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff JUDITH J. FICKEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5392 CIVIL ACTION - LAW JAMES R. FICKEL, Defendant IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this 3/0{ day of 2006, by and between JAMES R. FlCKEL, of Carlisle, Cumberland County, inafter referred to as "Husband") and JUDITH J. FlCKEL, of Carlisle, Cumberland Pennsylvania County, Pennsylvania (hereinafter referred to as "Wife"): WITNESSETH: WHEREAS, the parties were married on September 16, 1972, in Cumberland County, Pennsylvania; WHEREAS, two children have been born of the marriage ofthe parties; WHEREAS, diverse, w1happy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling fully and fmallytheirrespective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, inconsideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neitherparty shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEOUENT DIVORCE: The parties hereby acknowledge that Wife filed a Complaint in Divorce in Cumberland County, Pennsylvania on October 26, 2004, claiming that the marriage is irretrievably broken under Section 3301 (c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 330 I (c) ofthe Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property ofthe parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either oftheparties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in anyway by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both ofthe parties shall remarry. !t is the specific intent of the parties to permit this Agreementto survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: !tis further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: Husband and Wife each do herebymutuailyrernise, release, quit- claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) ofthe other or against the estate of such other, of whatevernature and wheresoever situated, which he or she now has or at anytime hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or byway of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of ( a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at anytime hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect has been fully explained to the parties by their respective counsel, Jennifer L. Spears, Esquire, counsel for Wife and Marcus A. McKnight, III, Esquire, counsel for Husband. The parties acknowledge that each has received independent legal advice from counsel ofhis or her own selection, that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good . faith and that the execution ofthis agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of the irrespective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereoffor the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Eachpartyrepresentsthatthey have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the otherparty harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those fornecessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date ofthis Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Husband shall receive an entertainment center, TV, surround sound and speakers, DVD player, and VHS player which are currently in a storage unit. Wife warrants that she did no deliberate damage to these items, but does not guarantee nor is responsible for the condition and usability of the items as they have been in a non-temperature controlled storage unit since leaving the marital residence. Husband takes the items in their current condition upon his inspection. Wife must remove them from her storage unit with 14 days of the signing of the Agreement. Wife shall notify Husband of a time and location where the items may be inspected and picked up by the Husband. Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to . any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. ESCROW ACCOUNT: The parties agree to equally divide the sale proceeds from the marital residence, along with any interest earned. The escrow account with any interest will be closed after June 16,2006, by counsel for the parties. As of May 15, 2006, the balance ofthe escrow account at American Home Bank was $58, 543.78. 13. BANK ACCOUNTS. CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Husband and Wife acknowledge that alljoint bank accounts have been closed and divided to their mutual satisfaction except for the joint checking account sed to pay the mortgage at Citizen's Bank. Wife agrees to sign a form to close the account which has a balance of zero. The parties hereby agree that each shall become sole owner of their individual bank accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. 14. CEMETERY PLOTS: The parties jointly own a cemetery plot containing two spaces. The parties agree to sell this plot and equally divide the sale proceeds, less expenses incurred for advertising. The parties have agreed to seek $1 ,095 for each space, and will not agree to accept less than $1,800 total at the time of the signing of this Agreement. If the price becomes an issue and the plots do not sell, the parties will discuss the asking price but must both agree on a final amount. 15. MOTOR VEmCLES: Husband and Wife agree that each will retain the vehicle in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. The parties agree to execute any necessary documents to transfer title to their respective vehicles within ten (10) days of the execution of this Agreement. 16. AFfER-ACOUlRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right ofthe other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, 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. 17. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year 2006. For any tax returns filed jointly in the past, both parties agree that in the event any deficiency in Federal, State or Local Income Taxis proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause ofthe misrepresentations or failures to disclose the nature and extent ofhis or her separate income on the aforesaid joint returns. 18. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act ofl984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of properly between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 19. WAIVER OF ALIMONY: Except as otherwise provided herein, Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration ofthe transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs, except for alimony pendente lite or spousal support payable by Husband to Wife prior to the date of execution of this Agreement. 20. PENSIONS/RETIREMENT/INVESTMENT ACCOUNTS: Wife will retain her TIANCREF, in and to which Husband will waive any and all rights. Within thirty (30) days ofthe execution of this Agreement, Husband shall transfer to Wife the sum of$42,000.00 from his TIAA/CREF to be placed in Wife's TIAA/CREF. Wife waives any and all rights in the remaining portion of Husband's TIAA/CREFplan. Husband's attomeywill prepare the Qualified Domestic Relations Order at Husband's expense, which will be reviewed by Wife's attorney at Wife's expense. 21. MARITAL DEBT: Husband shall assume all marital debt and shall indemnify, defend, and hold Wife hannless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in Husband's name. Wife has no debt in hername, and Husband warrants that all marital debt is solely in his name. 22. HEALTH INSURANCE: Each party is responsible for their own health insurance and uninsured medical expenses. 23. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 24. BREACH: If either party breaches any provision of this Agreement, the otherparty 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, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. . 25. WAIVER OF CLAIMS: Except as herein otherwise provided, each partymaydispose of his or her property in anyway, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate ofthe other as a result ofthe marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which maybe necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 26. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 28. ADDITIONAL INSTRUMENTS: Each ofthe parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 29. VOID CLAUSES: Ifanyterm, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 30. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 31. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy ofthe financial disclosure ofthe other as an inducement to the execution of this Agreement. 32. MODIFICATION ANDW AIVER: A modification or waiver of any of the provisions of this Agreement shall be effective onlyifmade in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of anyofthe provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 33. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 34. APPLICABLE LAW: This Agreement shall be construed under the laws ofthe Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. ~K~AL) '. J MES R. FICKEL ~{a~~ :f~M) J DITH J. FIC - . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CV m b 'fA..L C? n c.~ On this, .3 II cI. day of ~)L;~ ' 2006, before me a Notary Public, personally appeared JAMES R. FICKEL, known t e to be the person whose name IS subscnbed to the wlthm Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. . SS IN WITNESS WHEREOF, I hereunto set my hand and official seal. :l1i 01' I lINIA NlIIIlIII.... ... L NaIl. NalllYNIlIo C1d11118aIO. O'....b..,d~ _Go.... . .1!!II*II"18,2ilO7 _......,.,.....A..' . 1lon0l__ COMMONWEALTH OF PENNSYLVANIA . SS COUNTY OF c..u /YYl.J3 ~J....f7I\J~ On this, the 5~ay of ~,2006, before me, a Notary Public, personally appeared JUDITH J. FICKEL, ~theperson whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. ~",~\.ex- 'rcr4 No ary Public NOTARIAL SEAL CORRINE L. MYERS. NOTARY PUBLIC CARLISLE BORO, COUNTY OF CUMBERLAND MY COMMISSION EXPIRES MAY 27,2007 F:\FILESIDAT AFILE\General\Current\11303.1.consentwaiver Created: 9/20/04 0:06PM Revised: 7/5/06 9:55AM Jennifer L. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO J.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JUDITH J. FICKEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5392 CNIL ACTION - LAW JAMES R. FICKEL, Defendant IN DNORCE AFFIDAVIT OF CONSENT 1. October 26, 2004. A Complaint in Divorce under ~ 3301(c) of the Divorce Code was filed on 2. The marriage ofplaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. ~ 4904 relating to unsworn falsification to authorities. Date: 7/6/0P . ~Ad1~~~'~~ J ith J. Fickel, Plaintiff ~,.~."') (...\ .-~ 1 \ , 1,_._. (. " Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JUDITH J. FICKEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5392 CNIL ACTION - LAW JAMES R. FICKEL, Defendant IN DNORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) AND ~ 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: 7/5/0b (;};,cUdr~. "-f~ / ) Jud J. Fickel, Plaintiff r) JUDITH J. FICKEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-5392 CIVIL ACTION - LAW IN DIVORCE JAMES R. FICKEL, Defendant DEFENDANT'S AFFIDAVIT OF CONSENT 2004. I. A complaint in divorce under Section 330I(c) of the Divorce Code was filed on October 26, 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if{ do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: J J .JVL~t" ~^-> ~2.~lJ2 J ES R. FICKE efendant '.,_J '",,', :::1 \il i<-,. JUDITH J. FICKEL, PLAINTIFF v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-5392 CML TERM JAMES R. FICKEL, DEFENDANT CIVIL ACTION - LAW IN DIVORCE W AlYER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~J.~ ; J S R. FICKEL efendant Date: /1 ..Lv L 0(, t...) .---., , , ,.)"'> ( :-.::1 I'.'~ f'0 -:J , C,-'. '" JUDITH J. FICKEL, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-5392 CIVIL TERM JAMES R. FICKEL, DEFENDANT CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: I. I 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. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: / I ~ I L- (l)(, ~~~ ES R. FICKEL Defendant .~~ ", -<.: c.. :;1 I".:) Iii i--j :'1', JUDITH J. FICKEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04 - 5392 CIVIL JAMES R. FICKEL, Defendant IN DIVORCE ORDER OF COURT AND NOW, this asa. day of ~l~~ the procee ngs having 2006, the economic claims raised in been resolved in accordance with a marital settlement agreement dated July 3, 2006, 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, cC:"'u r, > '-;v ~ CA~ Edgar B. Bayley, P.J. cc: ~nifer L. Spears Attorney for Plaintiff ~us A. McKnight, III Attorney for Defendant ~ f\~,fj'v ~;~ o ;,,{) '~; (,~.J F= JUDITH J. FICKEL, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-5392 CIVIL TERM JAMES R. FICKEL, DEFENDANT CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: I. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, James R. Fickel, on October 28,2004, by certified, restricted delivery mail, addressed to him at 444 Centerville Road, Newville, Pennsylvania, 17241, with Return Receipt Number 7003 1010000112013608.. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by plaintiff: July 5, 2006; by defendant: Juty 11,2006. (b)(I) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b )(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. S. Complete either (a) or (b). (a) of which is attached: Date and manner of service of the Notice oflntention to file Praecipe to Transmit Record, a copy (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: July 7, 2006 Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: July 12, 2006 Date: July 26, 2006 I, Esquire IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY STATE OF PEN NA. JUDITH J. FICKEL, PLADlTIFF No. 2004 - 5392 CIVIL TEIlH . . VERSUS JAKES R. FICKEL, DEFERDAllT . DECREE IN DIVORCE . . ~1.'()()f''''''' . ,fco' , IT IS ORDERED AND . AND NOW, ~( . JUDITH J. FICKEL DECREED THAT , PLAINTIFF, JAKES R. FICKEL . AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . The Marriage Settlement Agreement dated July 3, 2006, and signed by the . . . parties is hereby incorporated in is Divo ce Decree but not merged. . PROTHONOTARY . J. ATTEST: . ~.:JH/ ~ ~ y~''''''' ~ ~~~~-P ~ r: ~ ~ \ ...."'....f,. "'~ ," :,1.\ r..: . ","-', .~ 1. . ..... " ?~- ["$ '?t? ~ -$ r:tB f) 9 2007/11 7 JUDITHJ. FICKEL, Plaintiffl Alternate Payee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2004-5392 CIVIL TERM JAMES R. FICKEL, DefendantJParticipant CIVIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER (QDRO) f.,~ ~...I~ AND NOW, this L day of I'~ - 0' ,2007, it appears to the Court as follows: 1. The parties hereto were husband and wife, seek this Order in conjunction with a final decree of dissolution of marriage dated August 1, 2006 in that action pending in this Court at the above number. 2. James R. Fickel, Social Security Number: 194-42-9822, hereinafter referred to as "Participant", is employed by Dickinson College Facilities Management Department, is a participant in the Teachers Insurance and Annuity Association - College Retirement Equities Fund, hereinafter "TIAA-CREF" (TIAA B015072-8 and CREF QI5072-5). The Participant is James R. Fickel, whose current and last known mailing address is 912 Briarc1iff Road, Middletown, Pennsylvania 17057. His daytime telephone number is (717) 440-4634. 3. The Alternate Payee is Judith J. Fickel, whose current and last known mailing address is 10 Bentley Place, Carlisle, Pennsylvania 17013. The Alternate Payee's Social Security Number is 210-44-6608, date of birth is May 17, 1953, and daytime phone number is 717.245.1287. 4. To accommodate the marital/community property distribution between the parties IT IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS: A. That the TIAA-CREF annuities previously referenced are marital property: B. Upon finalization of this Order and pursuant to the terms of said annuities, the current values as of the valuation date of the Participant's TIAA-CREF annuity accumulations for the Marital Portion defined below shall be awarded as the Alternate Payee's sole and exclusive property to be applied to TIAA-CREF annuities subject to the terms and limitations of said annuities: i. Marital Portion if a dollar amount to be transferred has been determined. a) $42,000.00 accumulations from the TIAA-CREF account of James R. Fickel (TIAA B015072-8 and CREF Q015072-5) are to be valued as of the date of distribution, to the TIAA-CREF account of Judith J. Fickel (TIAA B755734-7 and CREF Q755734-4). ii. Transfer Values The values actually transferred will reflect interim investment experience until the transfer is recorded by TIAA-CREF. The TIAA Traditional accumulation will increase over time, whereas the TIAA Real Estate and CREF accumulations may increase or decrease, reflecting the performance of the underlying investments. C. Conditions of division of annuity contracts: i. All ownership and interest in the balance of the accumulations not transferred in all annuities issued to the Participant by TIAA-CREF will belong to the Participant. ii. All ownership rights in the newly issued annuities will belong to the Alternate Payee. in. The beneficiary designation ofthe Alternate Payee's annuities will be his or her estate, unless a beneficiary designation is submitted pursuant to the provisions of the contracts, and accepted by TIAA-CREF. The Alternate Payee must review the contracts at issuance for accuracy and inform TIAA-CREF of any change of address. lV. The Alternate Payee's annuities will be issued with the same investment allocation as the Participant's applied pro rata. The Alternate Payee may change the investment allocation once his or her annuities are issued in accordance with the contributing employer's plan. D. TerminationlReaffirmation of Alternate Payee's status as beneficiary of record for all annuity contracts or individual life insurance funded through TIAA- CREF on the life of the Participant. i) Termination - as of the date ofTIAA-CREF's receipt ofthe QDRO, all TIAA-CREF benefits otherwise payable to the Alternative Payee as beneficiary are payable to the estate of the Participant. The Participant retains the right to change the designation: YES ",.J..' ..~... E. TIAA Traditional Retirement Annuities (RAs) do not allow single-sum withdrawals or transfers to alternate carriers. For other TIAA-CREF annuities, the Alternate Payee's right to receive single-sum withdrawals and/or transfer all or a part of the accumulation to an alternate carrier may be limited in accordance with the contributing employer's plan. F. The parties are directed to submit to TIAA-CREF all documents and releases (if required by TIAA-CREF) to finalize this Order within 30 days of the request for same. 5. This Order: A. does not require any plan to provide any type of form of benefit, or any options not otherwise provided under the plan, and B. does not require TIAA-CREF to provide increased benefits, and C. does not require the payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. D. If any portion of this order is rendered invalid, the balance of the order will remain 6. By the Court further orders as needed to execute this Order. Date '* 1,(07 ,// Participant / 'c Ja es R. Fickel A1ternatepaYe~?~ ~ J ' ditb J. Ficke Dat~ ~~7 Date It) /7' /tJ0 , 1;'\ ~~ \. ~t~ ~\~~ ~ 'p ~ "'- ~ , ~ ~ \fIN"! t::\;"S>JN-1d I j.Nf"~'''''' ,.....,.. t"", ....,"'l~ln..... 1\1- ',~~,_\} '-,~; "\' /.:::,~~,{,t v L S :0\ WV 91 tl3.:lLOUl )'J:N10;'~OH108d 3Hl ;10 -.r.\ u(',....rr:nH