HomeMy WebLinkAbout05-2678^l
JOHN W. KICHMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO. L5 b-- a& L-'?L
PATRICIA J. KICHMAN, CIVIL ACTION - LAW
Defendant IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be entered against you by the Court. A
judgment may also be entered against you for any other claim or relief requested in these papers by the
Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of
your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may
request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary,
Cumberland County, Carlisle, Pennsylvania.
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.
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities 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 SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
Telephone: (717) 249-3166
BATURIN (&BATURIN
By:
HARRY W. BATURIN, ESQUIRE
Attorney I.D. No. 83006
2604 North Second Street
Harrisburg, PA 17110
Dated: May 3, 2005 (717) 234-2427
JOHN W. KICHMAN,
Plaintiff
VS.
PATRICIA J. KICHMAN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. C),5-- 67? 61 ?fl i c vin
CIVIL ACTION - LAW
IN DIVORCE
COUNTI
COMPLAINT UNDER SECTION 3301(C) and 3301(D)
OF THE DIVORCE CODE
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AND NOW, this 3 day of May, 2005, comes the Plaintiff, JOHN W. KICHMAN, by
and through his attorneys, the Law Offices of BATURIN & BATURIN, and respectfully
represents the following:
The Plaintiff is JOHN W. KICHMAN, an adult individual, sui juris, with a social
security number of 163-54-4482, and whose home address is 260 North Enola Drive, Enola,
Cumberland County, Pennsylvania, since 1999, but who is currently on active duty and stationed
in Iraq.
The Defendant is PATRICIA J. KICHMAN, an adult individual, sui juris, with an
unknown social security number, and who currently resides at 260 North Enola Drive, Enola,
Cumberland County, Pennsylvania 17025, since 2001.
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 November 20, 2001, in Las Vegas,
Clark County, Nevada.
5. The Plaintiff and Defendant separated on May 1, 2005.
6. There have been no prior actions for divorce or for annulment between the parties.
The Plaintiff avers that the grounds upon which this action is based is that the
marriage is irretrievably broken.
8. Plaintiff has 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.
9. The Defendant is not a member on active duty of the Armed Forces of the United
States of America nor any of its allies.
10. The Plaintiff and Defendant are both citizens of the United States of America.
11. Plaintiff avers that there are no children born to this marriage.
12. The Plaintiff avers that, in violation of their marriage vows and the laws of the
Commonwealth of Pennsylvania, the Defendant has offered such indignities to the Plaintiff, the
injured and innocent spouse, as to render his condition intolerable and life burdensome.
13. Plaintiff requests the Court to enter a Decree of Divorce.
COUNT II
ADULTERY
14. The averments set forth in Paragraphs I through 13 of the Complaint are
incorporated by reference as though the same were fully set forth herein.
15. The Plaintiff believes the Defendant has committed adultery during the course of
the marriage.
WHEREFORE, the Plaintiff respectfully requests this Honorable Court enter a Decree in
Divorce based on adultery.
COUNT III
CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER SECTION 401 OF THE DIVORCE CODE
16. The averments set forth in Paragraphs 1 through 15 of the Complaint are
incorporated by reference as though the same were fully set forth herein.
17. Plaintiff and Defendant are the owners of real property that qualifies as marital
property as defined in the Pennsylvania Divorce Code and is subject to equitable distribution by
this Court.
18. Plaintiff and Defendant are the owners of various items of personal property,
furniture and other household furnishings acquired during their marriage, which are subject to
equitable distribution by this Court.
19. Plaintiff and Defendant are also owners of other various items of property, such as
motor vehicles, bank accounts and other items of personalty acquired during the marriage that are
subject to equitable distribution by this Court.
20. Plaintiff requests the Court to equitably divide, distribute or assign the marital
property between the parties.
WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce:
A. Dissolving the marriage between the Plaintiff and Defendant;
,
B. Equitably distributing all marital property owned by the parties; and
C. For such further relief as the Court may determine equitable and just.
Respectfully submitted,
BATURIN & BATURIN
By: / /. ""
Harry M. Baturin, Esquire
(Attorney I.D. No. 83006)
2604 North Second Street
Harrisburg, PA 17110
(717) 234-2427
Attorney for Plaintiff
VERIFICATION
I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT IN DIVORCE
ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF AND
INFORMATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE
SUBJECT TO THE PENALTIES OF 18 PA. C.S. 4904 RELATING TO UNS WORN
FALSIFICATION TO AUTHORITIES.
DATE; May 3, 2005
?(SEAL)
JOHN W. KICHMAN
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JOHN W. KICHMAN, :IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 05-2678 Civil
PATRICIA J. KICHMAN, CIVIL ACTION - LAW
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
I, Harry M. Baturin, Esquire, of the law firm of Baturin & Baturin, attorney for the Plaintiff
in the above captioned matter, do hereby certify that on May 25, 2005, I deposited in the United
States Mail, at the United States Post Office, Harrisburg, Pennsylvania, an article of Certified
Mail, Return Receipt Requested, marked "Restricted Delivery", a certified copy of the Complaint
in Divorce and Notice to Defend and Claim Rights attached thereto, bearing Article No. 7003
0500 0004 0866 0463, addressed to: Patricia J. Kichman, 260 North Enola Drive, Enola, PA
17025.
The said article of Certified Mail, as shown by the Postal Return Receipt Card was
received by the Defendant herein on May 9, 2005, and according to same, was signed by her, to
wit: Patricia J. Kichman, which card is attached hereto and marked as Exhibit "A", along with the
deposit slip dated May 25, 2005, for said article of Certified Mail aforementioned.
BATURIN & BATURIN
By:
Harry M. Baturin, Esquire
Attorney I.D. 83006
2604 North Second Street
Harrisburg, PA 17110
(717) 234-2427
(Attorney for Plaintiff)
Dated: June 13, 2005
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CERTIFIED MAIL,., RECEIPT
(Domestic Mail Only, No Insurance Coverage Provic
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Enola, PA 17425
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¦ Complete items 1, 2, and 3. Also complete A. Signature
item 4 if Restricted Delivery is desired. ? Agent
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so that we can return the card to you. Received by (Prints erne) C. Date of Del
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D. Is delivery address different tmrt+ttem 11. 0 Yes
1. Article Addressed to: If YES, enter delivery address below: 0 No
3. ice Type
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Registered 0 Return Recelpt for Merchandise
Cl Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Feel Yes
2. Article Number
(transfer from service label) 7003 0500 0004 0866 0463
PS Form 3811, February 2004 Domestic Return Recelpt 102595-W-M,1540
EXHIBIT "A"
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JOHN W. KICHMAN,
Plaintiff
VS.
PATRICIA J. IQCHMAN,
Defendant
TO THE PROTHONOTARY:
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 05-2678 CIVIL
: CIVIL ACTION -LAW
: IN DIVORCE
PRAECIPE
In accordance with Pennsylvania Rule of Civil Procedure No. 1920.21, please enter a Rule
on the Plaintiff to file a Bill of Particulars with respect to Plaintiff's claims of indignities and
adultery as set forth in the Divorce Complaint filed by the Plaintiff.
Respectfully
Mubert X. Gilroy
Broujos S/Gilroy, P.C.
AND NCW, this 22nd day of June, 2005, Mile issued in_accordance with above
Praecipe for Bill of Particulars.
Prot notary
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JOHN W. HICHMAN,
Plaintiff
V5.
PATRICIA J. KICHMAN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANI
NO. 05-2678 CIVIL
: CIVIL ACTION -LAW
IN DIVORCE
PETITION RAISING CLAIMS OF ALIMONY,
ALIMONY PENDENTE LITE, LEGAL FEES AND COSTS
Defendant, Patricia J. Mchman, by her attorneys, Broujos & Gilroy, P.C., sets forth
the following:
1. Defendant in the above-captioned action is without sufficient assets to
maintain herself during the course of the divorce litigation.
2. Defendant requests that she be awarded Alimony Pendente Lite.
3. Defendant is without sufficient assets to maintain herself upon the entry of a
Divorce Decree.
4. Defendant requests that she be awarded Alimony upon the entry of a
divorce.
5. Defendant requests that she be awarded Counsel Fees in connection with the
defense of the divorce case and that she be awarded reimbursement of costs
she may expend in the defense of the divorce case.
WHEREFORE, Defendant requests your Honorable Court to award the
following relief:
A. Alimony Pendente Lite to the Defendant.
B. Alimony to the Defendant.
C. Legal fees and court costs to the Defendant
D. Such other relief as the Court may deem appropriatepnd equitable.
K. Gilroy
& Gilroy, P.C.
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JOHN W. KICHMAN,
Plaintiff
V.
PATRICIA J. KICHMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 05-2678 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
PETITION FOR SPECIAL RELIEF PURSUANT TO THE PENNSYLVANIA RULES
OF CIVIL PROCEDURE §1920.43
Plaintiff/Petitioner, hereinafter "Husband," by and through his attorneys, the Law Offices
ofLopezNeuharth LLP, respectfully represents as follows:
1.
Husband is a sui juris adult who currently resides at 260 North Enola Drive, Enola,
Cumberland County, Pennsylvania 17025.
2.
DefendantJRespondent, hereinafter "Wife," is Particia J. Kichman, a sui juris adult who
resides at 210 Maple Ave., Shiremanstown, Cumberland County, Pennsylvania 17011.
3.
The parties were married on November 20, 2001 in Las Vegas, Clark County, Nevada.
4.
No children were born of the marriage to the parties.
5,
Husband filed a Complaint in Divorce on May 23, 2005 which seeks inter alia, divorce,
equitible distribution, and also which raises a fault ground based upon adultery.
6.
Wife subsequently filed a Petition for Alimony, Alimony Pendente Lite, and Legal Fees and
and Costs.
7.
Pursuant to §3502 (c) and § 3505 (a) of the Pennsylvania Divorce Code, Husband desires
to that he be awarded exclusive possession of the residence situated at 260 North Enola Drive,
Enola, Cumberland County, Pennsylvania 17025. In support of his request. Husband avers as
follows:
8.
On or before November 21, 2005, Wife abandoned the former marital residence without
notice to Husband.
9.
Husband is a member to the US Army Reserves who served in Iraq until November 21,
2005.
10.
Upon Husband's return, he discovered that Wife vacated the former marital residence and
removed nearly all of her possessions as well as some of the possessions that belong to Husband.
Wife has left only some of her summer clothing and other small items.
12.
Since the time that Wife has abandoned the former marital residence, Wife has told
Husband that she is free to enter the former marital residence as often as she pleases without
notice to Husband and in fact has done so on several occasions.
13.
For example, on or about November 25, 2005, Wife broke a window to gain entry to the
former marital residence and removed a personal computer that belongs to Husband and which
Husband uses for business purposes.
14.
As a result of Wife initially abandoning the former marital residence and then cavalierly
entering it again whenever she pleases, Husband has suffered tremendous unjustified disruption in
his life.
15.
Husband has been responsible for the mortgage on the former marital residence and
continues to be responsible for the mortgage on the former marital residence.
16.
Wife presently has a secure residence in which she resides.
IT
This Honorable Court has the authority to award exclusive possession of the former
marital residence to Husband/Petitioner.
Wherefore, Plaintiff/Petitioner respectfully requests that this Honorable Court grant his
request for special relief and award him exclusive possession of the former marital residence and
order the return of Plaintiff/Petitioner' personal computer which was removed by
Defendant/Respondent.
Respectfully submitted,
Aaron I Neuharth
Attorney for Defendant/Petitioner
Attorney No. 88625
LopezNeuharth LLP
P.O. Box 359
Chambersburg, PA 17201
VERIFICATION
I verify that the statements made in this document are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities.
Date:
ohn W. Kichman
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JOHN W. KICHMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. :NO. 05-2678 CIVIL TERM
PATRICIA J. KICHMAN, CIVIL ACTION - LAW
Defendant IN DIVORCE
BILL OF PARTICULARS
Plaintiff hereby particularizes his grounds for divorce with respect to his claims of
indignities and adultery as set forth in his Complaint in Divorce:
During the course of the parties' marriage, Defendant frequently stated to Plaintiff that she
would like to date other people or date someone whom Defendant thought would be more
compatible with Defendant.
2. Plaintiff in a member of the US Army Reserves, and he was deployed to Iraq from about
November 2004 to November 21, 2005.
While Plaintiff was in Iraq, Defendant began a relationship with a former paramour.
4. Additionally, while Plaintiff was deployed to Iraq, Defendant began having various
paramours stay over night at the former marital residence.
The parties' neighbors located around the former marital residence observed Defendant's
behavior which is incompatible with marriage.
6. While on leave from Iraq. Plaintiff came across correspondence between Defendant and a
paramour.
Respectfully submitted,
Aaron J. Neuharth
Attorney for Defendant/Petitioner
Attorney No. 88625
LopezNeuharth LLP
P.O. Box 359
Chambersburg, PA 17201
VERIFICATION
I verify that the statements made in this document are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
Date: Q?2
John W. Kichman
JOHN W. KICHMAN, ; IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :NO. 05-2678 CIVIL TERM
DEC 1 2 2005
PATRICIA J. KICHMAN, : CIVIL ACTION - LAW n
Defendant ; IN DIVORCE V
ORDER OF COURT
ORDER OF COURT
AND NOW, this 1 ye day of Tx 2005, upon consideration of
the foregoing petition, it is hereby ordered that
(1) a Rule is issued upon the respondent to show cause why the petitioner is not entitled to
the relief requested;
(2) the respondent shall file an answer to the petition within twenty days of service upon
the Defendant;
r Fa.7777 .7;
(5) in the event that respondent files an answer, an evidentiary hearing on disputed issues
of material fact shall be held on .4474 ?o (Din Courtroom ? of the
Cumberland County Courthouse..e?n ??/?; 600D' M
Pruding hearing in trus mmatter, n Patricia is mans all be
Ted fl uni viltelftig or being present a e o e a 60
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ng
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(6) notice of the entry of this order shall be provided to all parties by the petitioner.
J.
JOHN W. HICHMAN,
Plaintiff
VS.
PATRICIA J. HICHMAN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-2678 CIVIL
: CIVIL ACTION -LAW
: IN DIVORCE
PETITION FOR SPECIAL RELIEF FOR RETURN OF MOTOR VEHICLE
Petitioner, Patricia J. Vichman, by her attorneys, Broujos and Gilroy, PC, sets forth the following:
1. Plaintiff and Defendant in the above Divorce Action have been separated for over a year
when the husband was deployed to Iraq in conjunction with his military status.
2. The husband returned from Iraq in November of this year, after which wife moved out of
the marital home.
3. Wife is employed full time at Giant Foods, Inc., at the Corporate Offices in Carlisle.
4. Since the parties' separation, wife has possessed and driven a 2002 Passat which is in joint
names.
5. Since husband's return from Iraq, he has had exclusive possession of a 2005 Jeep Liberty
which is owned by the parties in joint names, a 1995 Ford truck owned by Plaintiff prior to
marriage and a brand new Harley motorcycle which husband has purchased since
separation.
6. Last Friday on the eve of the Christmas Holiday and at a time when the Courthouse was
closed, husband commissioned a towing service to go to wife's place of employment and,
without any notice to wife or to anybody involved in wife's corporate employment setting,
husband made arrangements for the towing service to remove the 2002 Passat from the
Giant Foods, Inc. parking facility and it was towed to the parties marital home at 260
North Enola Drive, Enola PA where husband resides. Wife was left at work without a
method to return to her home, and has been required to rent a vehicle in order to go to
work.
7. Wife contacted the local police authorities concerning return of the vehicle, but the police
would not get involved in light of the pending Divorce Action.
8. Wife will continue to be irreparably harmed in that she will need to pay car rental
payments unless the 2002 Passat Automobile is returned to her.
9. Husband has at least three vehicles he can use, and husband does not need the use of the
2002 Passat. Husband's actions in this matter are designed to harass and intimidate the
Petitioner.
10. The status quo of the possession of marital property was the wife having the 2002 Passat in
her possession.
11. Plaintiff's husband has filed a Petition for Special Relief to gain Exclusive Possession of the
marital home, and this Court has scheduled a hearing on that matter for February 6, 2006
in Courtroom No. 5 at 1:00 p.m.
Wherefore, Petitioner respectfully requests your honorable Court to order and direct that the
husband return the jointly owned 2002 Passat to wife's possession.
Date
Respectfully submitted,
Hubert X. Gilroy, Esquire
Broujos & Gilroy, P.C.
4 North Hanover Street
Carlisle, PA 17013
Attorney for Defendant
I verify that the statements in the foregoing pleading are true and correct. I
understand that false statements herein are made subject to the penalties of IS PaCS
4904 relating to unsworn falsification to authorities.
r -J v S
Date Patricia I Kichman, Defendant
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JOHN W. KICHMAN, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 05-2678 CIVIL
utt z 7L005
PATRICIA J. KICHMAN, :CIVIL ACTION -LAW
Defendant : IN DIVORCE
COURT ORDER
AND NOW, this ?4day of December, 2005, upon consideration of the attached
Petition for Special Relief, it is ordered and directed that Plaintiff, John W. Kichman, shall
return to Defendant, Patricia J. Kichman, the 2002 Passau automobile which is jointly
owned by the parties. Defendant, Patricia J. Kichman, shall maintain any insurance liability
payments on the vehicle to insure that the vehicle is insured.
This shall be a temporary Order pending an Evidentiary Hearing on disputed issues that will
be held on February 6, 2n0(?06 in Courtroom No. 5 of the Cumberland County Courthouse at
1:00 P.M. Lj? L'r ?C-kQvt ? E"''
THE COURT)
Judge Edward E. Guido
cc: Hubert X. Gilroy, Esquire
Aaron J. Neuharth, Esquire (???/ ? i LF_C(! ??al/
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JOHN W. KICHMAN,
Plaintiff/Petitioner
V.
PATRICIA J. KICHMAN,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 05-2678 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
PETITION FOR SPECIAL RELIEF PURSUANT TO THE PENNSYLVANIA RULES
OF CIVIL PROCEDURE §1920.43
Plaintiff/Petitioner, hereinafter "Husband," by and through his attorneys, the Law Offices
of LopezNeuharth LLP, respectfully represents as follows:
Ptaintiff/Petitioner, hereinafter "Husband" and Defendant/Respondent, hereinafter, Wife
have been separated for more than a year.
I
Husband served with the US Army Reserves in Iraq for approximately one year and
returned from his service in November 2005.
3.
Upon Husband's return, Wife moved out of the Former martial residence. Wife has
admitted this allegation. See attached Exhibit "1."
4.
Wife took most of the personal property from the residence, including property which
Husband asserts should belong to him.
5.
Wife has come back to the former marital residence on several occasions to continue to
take more personal property, beyond what she needs to sustain herself during the pendency of this
matter.
6.
The local police have been involved in this matter.
7.
Father has a nine year-old daughter from a previous relationship that resides primarily with
him in the former marital residence.
8.
Father is again scheduled to deploy out of the continental United States with his US Army
Reserve Unit in early January 2006 to January 22, 2006.
9.
Husband believes that during his absence, Wife will return to the former marital residence
to attempt to remove the personal property remaining at said residence.
10.
Husband's daughter will be residing at the former marital residence with a care giver during
Husband's absence and is in fear that Wife may come upon the residence either while the child is
present or that the child will discover that significant property was removed while she was at
school or otherwise away from the residence.
Wherefore, Plaintiff/Petitioner respectfully requests that pending the February 6, 2006
hearing for exclusive possession of the former marital residence, neither party remove any of the
personal property remaining at the former marital residence located at 260 North Enola Drive,
Enola, PA.
Respectfully submitted,
Aaron I Neuharth
Attorney for Defendant/Petitioner
Attorney No. 88625
LopezNeuharth LLP
P.O. Box 359
Chambersburg, PA 17201
VERIFICATION
I verify that the statements made in this document are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
Date: J?
John W. Kichman
Exhibit "I"
JOHN W. KICHMAN, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 05-2678 CIVIL
PATRICIA J. KICHMAN, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
COURT ORDER
AND NOW, this ?4day of December, 2005, upon consideration of the attached
Petition for Special Relief, it is ordered and directed that Plaintiff, John W. Kichman, shall
return to Defendant, Patricia J. Kichman, the 2002 Passat automobile which is jointly
owned by the parties. Defendant, Patricia J. Kichman, shall maintain any insurance liability
payments on the vehicle to insure that the vehicle is insured.
This shall be a temporary Order pending an Evidentiary Hearing on disputed issues that will
be held on February 6, 2006 ?pin Courtroom No. 5 of the Cumberland County Courthouse at
1:00 P.M. 1 n lw
V THE COURT,
Judge Edward E. Guido
cc: Hubert X. Gilroy, Esquire
Aaron J. Neuharth, Esquire
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FP[X NO. :7172509943 Dec. 27 2005 01_17PM P3
12/27/2065 11;01 7172439227 BROUJOS & GILROY, PC PAGE 03
JOHN W. IQCHMAN, : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
w. N0.85-2678 CIVIL
PATRICIA J. KICHMAN, CIVIL ACTION- LAW
Defendant : IN DIVORCE
PETITION FOR MCL4 r RELIEF FOR RE'),`I{RN OF MOTOR VEHICLE
Petitioner, Patricia J. Mchman, by her attorneys, Brouaos and Gilroy, PC, sets forth the fallowing:
I- Plaintiff and Defendant in the above Divorce Action have been separated for over a year
when the husband was deployed to Iraq In conjunction with his military status.
2. The husband returned from Iraq In November of this year, after which wife moved out of
the marital home.
3. Wife is employed fall time at Giant Foods, Inc., at the Corporate Offices in Carlisle.
4. Since the parties' separation, wife has possessed and driven a 2002 Passat which Is in joint
new".
5. Since husband's return from Iraq, he has bad exclusive possession of a 2005 Jeep Liberty
which is owned by the parties in joint names, a 1995 Ford truck owned by Plaintiff prior to
marriage and a brand new Harley motorcycle which husband has purchased since
separation.
6. Last Friday on the eve of the Christmas Holiday and at a time when the Courthouse was
closed, husband commissioned a towing service to go to wife's place of employment and,
without any notice to wife or to anybody Involved in wife's corporate employment setting,
husband made arrangements for the towing service to remove the 2002 Passat from the
Giant Foods, inc. parkiag facility mad it was towed to the parties marital home at 260
North Eisele Drive, tools PA where husband resides. Wife was left at work without ¦
method to return to her home, and has been required to rent a vehicle in order to go to
work.
7. Wife contacted the local police authorities concerning return of the vehicle, but the police
would not get involved In light of the pending Divorce Action.
12/27/2005 10:52 7172438227 HROUJUS F. GSLR01', PC R16E 94
8. Wife will continue to be irreparably harmed In that she will need to pay car rental
payments unless the 2002 Passat Automobile is returned to her_
9. Husband has at least three vehicles he can use, and husband does not need the use of the
2002 Passat. Husband's actions In this matter are designed to dames and intimidate the
Petitioner.
10. The status quo of the possession of marital property was the wife having the 2002 Passat in
her possession.
11. Plaintiffs husband bas filed a Petition for Special Relief to gain Exclusive Possession of the
marital home, and this Court has scheduled a hearing on that matter for February 6, 2006
In Courtroom No. S at 1:00 p.m.
Wherefore, Petitioner respectfully requests your honorable Court to order and direct that the
husband return the jointly owned 2002 Passat to wife's possession.
Respectfully submitted,
Date
Hubert C. Gilroy, Esquire
Broujos & Gilroy, P.C.
A North Hanover Street
Carlisle, PA 17013
Attorney for Defendant
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JOHN W. KICHMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. :NO. 05-2678 CIVIL TERM
PATRICIA J. KICHMAN, CIVIL ACTION - LAW
Defendant IN DIVORCE n N
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ANSWER TO PETITION FOR SPECIAL RELIEF FOR RETURN OF MOTOR;i
VEHICLE-
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted in part and denied in part. Husband admits to having the vehicle towed to his
residence located at 260 North Enola Drive, Enola, PA. Husband denies that Wife had to
rent a vehicle in order to go to work, for Husband believes and therefore avers that wife
did not rent a car but instead used one of her parents' cars. By way of further answer,
Husband and Wife could not agree upon who would pay for auto insurance on the 2002
Passat. Husband informed Wife that since he had just returned from duty in Iraq, he
presently was experiencing a significant decrease in income and could not afford to pay tor'
the insurance on the vehicle that she was driving. Husband dropped the insurance on said
vehicle. Wife refused to pay for her insurance, so Husband had said vehicle towed to his
residence as opposed to potentially allowing it to be driven without insurance.
Husband does not have sufficient information or knowledge with which to either admit or
deny this averment.
Denied for reasons stated in paragraph 6.
9. Admitted in part and denied in part. It is admitted that Husband does not rely on the 2002
Passat for transportation. It is denied that Husband's actions were designed in any way to
harass or intimidate Wife. Husband had said 2002 Passat towed to his said residence for
reasons stated in Paragraph 6.
10. Admitted.
11. Admitted.
Wherefore, Husband respectfully requests that Wife be continued to be required to pav for
the insurance on the 2002 Passat for as long as she has possession of said Passat, pending the final
disposition of this matter.
Respectfully submitted,
G l
Aaron J. Neuharth
Attorney for Defendant/Petitioner
Attorney No. 88625
LopezNeuharth LLP
P.O. Box 359
Chambersburg, PA 17201
VERIFICATION
I verify that the statements made in this document are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities
Date: John W. Kichman
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JOHN W. KICHMAN, : IN THE COURT OF COMMON PLEAS OF 5
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
PATRICIA J. KICHMAN,
Defendant
:NO. 05-2678 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
ORDER OF COURT J
AND NOW, this 0 day of 2006, upon
consideration of the foregoing petition, it is hereby ordered that
Pending the February 6, 2006 hearing in this matter, neither party shall remove any of the
personal property remaining at the former marital residence located at 260 North Enola Drive,
Enola, PA.
The merits of Plaintiff/Petitioner's foregoing Petition may be addressed by either partv
during the above-mentioned February 6, 2006 hearing regarding exclusive possession of the former
marital residence.
By THE COURT:
J.
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JOHN W. KICHMAN,
Plaintiff
V.
PATRICIA J. KICHMAN.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 05-2678 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
MOTION TO WITHDRAW APPEARANCE OF COUNSEI, OF RECORD
AND NOW comes Movant, Aaron J. Neuharth, Esq., attorney for Plaintiff respectfully moves the
Court as follows:
1. Plaintiff retained Movant on or about December 1. 2005 for renresentation with his
divorce matter.
2. Movant desires terminate representation of Plaintiff and to withdraw as counsel of
record.
3. Plaintiff does not oppose Movant's request to withdraw as counsel.
4. Attorney for Defendant, Hubert X. Gilroy, Esquire, has been notified of the relief
requested and does not oppose the relief requested herein.
WHEREFORE, counsel for Plaintiff respectfully requests leave to withdraw appearance
as counsel for Plaintiff.
Respectfully submitted,
Date: d/ 9/ Jle
1Saron J. Neuharth
Id. No. 88625
Neuharth Law Offices
232 Lincoln Way East
Chambersburg, PA 17201
VERIFICATION
I verify that the statements made in this document are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
Date: ??11?t o a c .
Aaron J. harth
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JOHN W. KICHMAN,
Plaintiff
V.
PATRICIA J. KICHMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 05-2678 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
ORDER OF COURT
AND NOW, this 6th day of February, 2006, after
hearing, the Petition For Special Relief is resolved as follows:
1. Husband, John W. Kichman, shall have sole and
exclusive possession of the marital home at 260 North Enola
Drive, Enola, Pennsylvania. He shall be responsible for the
payment of all expenses incurred in connection with said
residence, including but not limited to mortgage, taxes and
insurance. The issue of any proration of those expenses shall
be left to the Master for resolution.
2. Wife shall be entitled to the sole and exclusive
possession of the 2002 Passat currently in her possession. She
shall be responsible for maintaining insurance on said vehicle.
3. Husband shall be entitled to sole and exclusive
possession of the remaining vehicles in his possession. He
shall be responsible for the payment of insurance in connection
with those vehicles. To the extent that he makes the monthly
payments due in connection with the Jeep Liberty, the Master
shall decide the issue of any proration due in connection
therewith.
When husband presents to wife a fully functioning
laptop computer, wife shall present to husband the desktop
computer currently in her possession.
This Order is meant to be temporary only, and in
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no way shall affect the ultimate rights of the parties to
ownership and/or possession of the property disposed of herein.
The Divorce Master shall determine which of the items of
property disposed of herein are marital property and the extent
to which each party is entitled to a hare of it.
By the Court
Edward E. Guido, J.
Hubert X. Gilroy, Esquire
For John W. Kichman rY
Aaron J. Neuharth, Esquire
For Patricia J. Kichman
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JOHN W. KICHMAN IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
PATRICIA J. KICHMAN : NO. 2005 -21678 CIVIL TERM
ORDER OF COURT
AND NOW, this 13"' day of FEBRUARY, 2006, a Rule is issued upon Plaintiff
to Show Cause why his counsel's petition to withdraw from representation should not be
granted.
Rule returnable ten (10) days after service.
Edward E. Guido, J.
Aaron J. Neuharth, Esquire
232 Lincoln Way East
P.O. Box 359
Chambersburg, Pa. 17201
John Kichman
260 North Enola Drive
Enola, Pa. 17025
Hubert X. Gilroy, Esquire
4 North Hanover Street
Carlisle, Pa. 17013
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JOHN W. KICHMAN,
Plaintiff
V.
PATRICIA J. KICHMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-2678 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
MOTION TO MAKE RULE ABSOLUTE
Movant, Aaron J. Neuharth, Esq., of the Neuharth Law Offices states the following in
support of his Motion to Make the Rule Absolute:
1. On February 9, 2006, Movant filed a Motion to Withdraw Appearance on behalf of
Plaintiff.
2. On February 13, 2006, this Honorable Court issued a Rule directing Plaintiff to show
cause within ten (10) days of service of said rule why the undersigned should not be granted
permission to withdraw as Plaintiffs counsel.
3. Mailing of the above-mentioned Rule was done by the Cumberland County
Prothonotary on February 14, 2006.
4. More than ten (10) days have elapsed since service of said rule, and Plaintiff has not
attempted to show cause as to why the undersigned should be granted leave to withdraw as
counsel.
5. Further, Plaintiff has informed the undersigned on numerous occasions over
approximately the past several weeks that he desires for the undersigned to withdraw as counsel
of record.
WHEREFORE, Movant respectfully requests this Honorable Court to grant the
undersigned leave to withdraw as counsel of record for Plaintiff in the above-captioned matter.
Respectfully Submitted,
Aaron Neuharth
Neuharth Law Offices
P.O. Box 359
Chambersburg, PA 17201
(717) 264-2939
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JOHN W. KICHMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
PATRICIA J. KICHMAN,
Defendant
NO. 05-2678 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
ORDER OF COURT
AND NOW, this day of 2006, upon consideration of the
foregoing motion, it is hereby ordered the appearance of Aaron .I. Neuharth, Esq., counsel for
Plaintiff, is withdrawn. Until such time as other counsel enters an appearance on behalf of
Plaintiff, all future documents pertaining to this matter shall be served directly upon Plaintiff at
the following address:
John W. Kichman
260 North Enola Drive
Enola, PA 17025
BY THE COFTR`
J.
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JOHN W. KICHMAN, JR.
Plaintiff
VS.
PATRICIA J. KICHMAN,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 05-2678
CIVIL ACTION - IN DIVORCE
PRAECIPE TO ENTER APPEARANCE
COMES NOW, Jerry A. Philpott, Esquire, and enters his appearance for the above named
Plaintiff, John W. Kichman, Jr.
submitted,
Dated: March 20, 2006
cc: John W. Kichman, Jr.
Patricia J. Kichman
Aaron J. Neuharth, Esquire
Hubert X. Gilroy, Esquire
Jerry A. Philpott, Esquire
y A. Philp tbtyttife
upreme Court ID 447624
227 No. High Street, PO Box 116
Duncannon, PA 17020
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JOHN W. KICHMAN, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 05-2678 CIVIL
PATRICIA J. KICHMAN, CIVIL ACTION -LAW
Defendant IN DIVORCE
PETITION FOR SPECIAL RELIEF
Defendant, Patricia J. Kichman, by her attorneys, Broujos & Gilroy, P.C., sets forth the
following:
1. The parties to the above captioned divorce action jointly own three improved parcels
of real estate, two of which are rental properties and the third being a partial rental
and a partial residence for the Plaintiff Husband.
2. Defendant Wife sought Husband's cooperation to have an appraisal done of all of the
real estate and Husband refused to contribute monies toward the appraisal.
3. Defendant on her own retained Larry E. Foote of Diversified Appraisals to perform
the appraisal of the real estate owned by the parties.
4. Plaintiff Husband has control of the one parcel where he resides and also has control of
the other parcel with respect to access.
5. Husband initially said he would refuse Mr. Foote access to the property for an
appraisal, then reconsidered his position and said he would let Mr. Foote in afterwards
Mr. Foote scheduled a time on his calendar to visit and inspect the properties in
question.
6. Husband then again changed his mind and refused to allow Mr. Foote access to two of
the properties, and then filed a complaint against Mr. Foote with the Pennsylvania
Department of State (see the attached Exhibit A).
7. Husband has demonstrated a specific desire to harass his wife during these divorce
proceedings and to delay the proceedings. Example of these actions are as follows:
A. On the Friday before Christmas, Husband removed Wife's vehicle from her
place of employment without notifying Wife. Wife was required to petition this
Court to get a special Order directing the vehicle be returned.
B. Husband demanded return of a home computer from Wife on a Saturday
afternoon and contacted the police in an effort to compel the return of that
computer, despite the fact that Husband was then represented by counsel.
C. Husband is currently represented by his third attorney in this case, and
Husband had sent direct correspondence to Wife's attorney when Husband was
not represented by an attorney, which correspondence could be interpreted as
insulting and attempts to intimidate Wife's attorney and Wife.
D. Husband has always told Wife that she would "never get anything from him"
and that "he would drag things out as long as he could".
8. There is no legal basis for Husband to refuse access to the real estate in question for
Wife's appraiser, especially in light of the fact that Wife is paying the fees for the
appraisal.
9. Husband's actions are a deliberate attempt to delay the proceedings, cause Wife
further costs and to intimidate Wife and Wife's expert witnesses.
10. Wife seeks attorney's fees against Husband in connection with this Petition and based
upon Husband's conduct to date.
WHEREFORE, Defendant Wife requests your Honorable Court to compel Husband to allow
her appraiser access to the marital properties.
Date: ?- S U? /Ztzf ?=
Hubert X. Gilro , Esquire
Broujos & Gi oy, P.C.
Attorney fo efendant
STATEMENT OF COMPLAINT
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF STATE
Harrisburg
IFOR OFFICIAL USE ONLY)
In order for the Department of State to initiate an investigation of possible violations of the licensing, registration, certification or notary I
commission laws and regulations of the Commonwealth by a licensee, registrant, certificate holder or notary commission holder of the j
Department, the complainant must complete both sides of this form. Complaints should be typewritten or clearly printed in black or blue
ink. Please state the facts briefly and dearly, and be sure to submit any documents you have to support your complaint. Sign this form
and Mum it to the DEPARTMENT OF STATE PROFESSIONAL COMPLIANCE OFFICE 2601 NORTH THIRD STREET. P.O. BOX
THIS FORM MUST BE SIGNED AND FILLED OUT COMPLETELY IN ORDER TO BE PROCESSED.
T;E OF COMPLAINT (PLEASE CHECK ONE): ? NOTARY ? ATHLETIC COMMISSION ? CHARITY
ROFESSIONAL/OCCUPATIONAL LICENSE/CERTIFICATE/REGISTRATION D OTHER
A. COMPLAINANT INFORMATION B. COMPLAINANT'S ATTORNEY, IF ANY.
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witnesses are available, list names,
11" paper.
STREET ADDRESS(Num?e r and Nam )
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CITY COUNTY ST TE E
Ifl?h on - CO6
TEL. (Include Area Code) FIRM NAME I
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E. ARE YOU WILLING TO APPEAR AT A HEARING IN HARRISBURG IF NECESSARY? P YES F1 NO
DEFENDANT INFORMATION
G. INDIVIDUAL INVOLVED, IF ANY.
7 r7
CERTIFICATE/COM M I SS ION
TYPE AND NUMBER IF KNOWN
0. NAME AND ADDRESS OF SECOND WITNESS, IF
ANY.
F. BUSINESS ESTABLISHMENT INVOLVED, IF ANY.
-tev-05/2003
N. FOR NOTARY COMPLAINTS ONLY:
j Expiration date of noisry s commission it known (this hate snouraappear Uate of transaction Tor winch (nis complain[ is oeing ?? ,-
on the notary's stainp. pmadd L r a,7i 8re no(ay seoij-
I. DESCRIPTION OF COMPLAINT.
Please describe your complaint in detail below. List services provided by the licensee, registrant, certificate holder or
commission holder. Provide dates. List fees paid for notary services, if applicable. Attach copies of related documents
and receipts obtained during the course of the matter if possible If you need more space, please continue on page 4 of
this form and/or use additional 8 '/: x 11" sheets of paper if necessary.
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DESCRIPTION OF COMPLAINT (CONTINUED FROM PACE 2)
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If additional space is needed, please attach 8 % x 11" sheets.
Please do not write in this space.
Nov 0512003
J. RESOLUTION.
How would you like this
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nt to be resolved
I verify that the facts and statements set forth in this complaint are true and correct to the best of my
knowledge, information and belief. I understand that statements in this complaint are made subject to the
criminal penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
X it 3 5,__ 0-C
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(FIR T-COOMT INANTS SIGNATURE)
DATE:
RETURN COMPLETED FORM TO:
X
(SECOND COMPLAINANT'S SIGNATURE, IF ANY)
DATE:
x
(SIGNATURE OF PERSON COMPLETING THIS FORM,
IF OTHER THAN COMPLAINANT)
DATE:
Professional Compliance Office
Department of State
2601 North Third Street, P.O. Box 2649
Harrisburg, PA 17105-2649
Fax 717 705-2882
L. RECORDS RELEASE (PLEASE COMPLETE IF IT APPLIES TO YOUR COMPLAINT).
TO WHOM IT MAY CONCERN:
THIS WILL AUTHORIZE
(name of physician, practitioner, hospital or clinic)
to release to the Department of State and its authorized representatives any pertinent medical records and copies of x-rays relating to
(patient's name)
for the purpose of investigating a complaint.
Signature Witness
Dale. Date:
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K. COMPLAINANT'S VERIFICATION.
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JOHN W. KICHMAN, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 05-2678 CIVIL
PATRICIA J. KICHMAN, : CIVIL ACTION -LAW
Defendant : IN DIVORCE
ORDER
AND NOW, this (6AA day of April, 2006, upon consideration of the attached
Petition For Special Relief, it is ordered and directed as follows:
1. Plaintiff is directed to cooperate with Larry Foote to provide Mr. Foote access
to all real estate owned by the parties in this case for purposes of Mr. Foote
doing an appraisal of the properties. Subject to Mr. Foote's availability, said
inspection shall be scheduled within fourteen (14) days of the date of this Order.
2. Defendant Wife's request for assessment of attorney's fees against Husband is
not ruled on by this Court at this time but may be brought up by Defendant
Wife again if she seeks assessment of her attorney's fees from the Plaintiff
before the Divorce Master.
'BY THE COURT
Judge
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?Ifu X. Gilroy, Esquire
_,Je'r'ry Philpott, Esquire .
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JOHN W. KICHMAN, JR. IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
NO: 05-2678
PATRICIA J. KICHMAN,
Defendant CIVIL ACTION - IN DIVORCE
PETITION FOR SPECIAL RELIEF
COMES NOW, the Plaintiff, John W. Kichman, Jr., by his attorney, Jerry A. Philpott,
Esquire, and sets forth the following in support of this petition for special relief.
1. The parties in the above captioned action jointly own a rental unit at 251
Susquehanna Avenue, Enola, PA.
2. Defendant, Patricia J. Kichman, wife, has had control and management of this rental
property.
3. Defendant has been made aware of water damage to the property and of code
violations that require immediate repairs.
4. The problems with the property are severe enough that they are dangerous for the
tenants living there and subject them to substandard living conditions.
5. The Defendant increased the tenants' rent without any justification and without the
consent of the Plaintiff.
6. One tenant has been a good tenant for five (5) years, and Defendant's actions of
increasing the rent and refusing to repair the property threaten to cause the loss of
that tenant.
7. The Plaintiff has notified Defendant on March 14, March 19, May 1, and June 6,
2006, of the substandard living conditions and the need for repairs, and Defendant
has taken no action in response to those notices.
8. Defendant is running an extreme risk of alienating the existing long term tenants and
costing both Plaintiff and Defendant rental income.
9. Defendant should share equally in all the costs associated with correcting the code
violations and water damage. If Plaintiff is allowed to take over the property, he will
get estimates for this work prior to the work being performed.
10. Plaintiff, John W. Kichman, Jr., seeks attorneys fees for needing to bring this petition
when he has been asking Defendant Particia J. Kichman regularly to work with him
in resolving the problems with the rental property.
11. If Plaintiff has to finance the repairs alone, it will be an undo hardship on him.
WHEREFORE, Plantiff(husband) respectfully requests that this Honorable Court grant him
an order of possession of 251 Susquehanna Avenue in Enola, and authorize him to act as the
manager of the property for the benefit of both Plaintiff and Defendant, to make the necessary repairs
and do the necessary maintenance, with Defendant (wife) to share equally in the costs after being
given estimates.
Jerry
. High Street, P.O. Box 116
neon, PA 17020
Dated: July 20, 2006
I verify that the statements made in this Petition for Special Relief are true and correct to
my personal knowledge, information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities.
ohn W. Kichman, Jr.
JOHN W. KICHMAN IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
PATRICIA J. KICHMAN : NO. 2005 - 2678 CIVIL TERM
ORDER OF COURT
AND NOW, this 28TH day of JULY, 2006, a hearing on Plaintiffs Petition for
Special Relief shall be held on TUESDAY. AUGUST 8. 2006, at 3:30 p.m. in
Courtroom #3.
By the
Edward E. Guido, J.
Xrry Philpott, Esquire
227 North High Street, P.O. Box
Duncannon, Pa. 17020
Xubert X. Gilroy, Esquire
4 North Hanover Street
Carlisle, Pa. 17013
Ad
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JOHN W. KICHMAN,
Plaintiff
V.
PATRICIA J. KICHMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-2678 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
ORDER OF COURT
AND NOW, this 8th day of August, 2006, after
hearing, the Petition For Special Relief is DENIED.
E
Jerry Philpott, Esquire
For the Plaintiff
ubert X. Gilroy, Esqui
For the Defendant
srs
Edward E. Guido, J.
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JOHN W. KICHMAN,
Plaintiff
VS.
PATRICIA J. KICHMAN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
NO: 05-2678
CIVIL ACTION - LAW IN DIVORCE
AFFIDAVIT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
The parties to his action separated on October 1, 2004, and have continued to live separate
and apart for a period of at least two years.
2. The marriage is irretrievably broken.
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.
I verify that the statements made in this Affidavit under Section 3301(d) of the Divorce
Code 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.
o ichman
(Plaintiff)
Dated: October 1, 2006
C: -z7
JOHN W. KICHMAN,
Plaintiff
VS.
PATRICIA J. KICHMAN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 05-2678
CIVIL ACTION - LAW IN DIVORCE
COUNTER-AFFIDAVIT UNDER SECTION
3301(d) OF THE DIVORCE CODE
Check either a or b:
[ ] a. I do not oppose the entry of a divorce decree.
[ ] b. I oppose the entry of a divorce decree because (check (i), (ii), or both):
[ ] (i) The parties to this action have not lived separate and apart for a
period of at least two years.
[ ] (ii) The marriage is not irretrievably broken.
2. Check either a or b:
[ ] a. I do not wish to make any claims for economic relief. 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.
b. I wish to claim economic relief which may include alimony, division of property,
lawyer's fees or expenses or other important rights.
I understand that in addition to checking (b) above, I must also file all of my economic claims
with the prothonotary in writing and serve them on the other party. If I fail to do so before the date
set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered
without further notice to me, and I shall be unable thereafter to file any economic claims.
I verify that the statements made in this counteraffidavit 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: 6 ??Cs L
atricia J. Kic a
Defendant
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JOHN W. KICHMAN,
Plaintiff
VS.
PATRICIA J. KICHMAN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-2678 CIVIL
CIVIL ACTION -LAW
IN DIVORCE
PETITION RAISING CLAIM FOR EQUITABLE DIVISION OF MARITAL PROPERTY
Defendant, Patricia J. Kichman, by her attorneys, Broujos & Gilroy, P.C., sets forth the
following:
1. In the Complaint filed by Plaintiff in the above case at Count 3, Plaintiff filed a Claim
for Equitable Distribution of Marital Property.
2. Subsequent to the filing of the Complaint, Defendant filed a Petition Raising Claims of
Alimony, Alimony Pendente Lite, Legal Fees and Court Costs. All of the above
mentioned economic claims were before this Court for disposition.
3. Defendant, Patricia J. Kichman hereby reaffirms her claim for Equitable Distribution
of Marital Property, Alimony, Alimony Pendente Lite, Legal Fees and Court Costs.
WHEREFORE, Defendant requests your Honorable Court to equitably divide marital
property of the parties, award the Defendant Alimony Pendente Lite, award the Defendant
Alimony, award the Defendant legal fees, award the Defendant reimbursement of costs and
other relief as deemed appropriate by the Court.
Date: C)C,v I AcyI
ert X. ilroy, Esquire
Broujos & Gilroy, P.C.
Attorney for Defendant
c .. tf`
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es?„ ?rM
JOHN W. KICHMAN,
Plaintiff
VS.
PATRICIA J. KICHMAN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-2678 CIVIL
CIVIL ACTION - LAW
IN DIVORCE
MOTION TO. COMPEL PLAINTIFF
TO COOPERATE IN A REAL ESTATE APPRAISAL
Defendant, Patricia J. Kichman, by her attorneys, Broujos & Gilroy, P.C., sets forth the
following:
1. The parties own three parcels of real estate which are the primary marital assets which
are subject to equitable distribution in the above captioned divorce case.
2. Defendant Patricia J. Kichman previously retained Larry E. Foote of Diversified
Appraisals to do a real estate appraisal on all three properties. Mr. Kichman would not
allow Mr. Foote access to the properties, and subsequently filed a complaint against Mr.
Foote with the Pennsylvania Real Estate Commission. As a result of the filing of that
complaint, Mr. Foote was unwilling to perform any appraisals.
3. Defendant then retained William Bassett of Wolfe & Shearer Realtors to perform
appraisals of the three properties. Said appraisals were performed and the cost of those
appraisals was paid by the Defendant Patricia J. Kichman.
4. Defendant Patricia J. Kichman now desires to have a second appraisal of one of the
properties at 260 N. Enola Drive.
5. Plaintiff, who is no longer represented by legal counsel in this matter, has sent a letter to
the undersigned, a copy of which is attached hereto and marked Exhibit A, and has
indicated that our request for an appraisal at this point is "unacceptable" and he will not
cooperate in the appraisal.
1 496
6. Defendant Patricia J. Kichman is the co-owner of this parcel of real estate and is
incurring all expenses on her own in connection with payment of the appraisal costs.
There is no legal basis for Plaintiff to refuse the appraiser requested by the Defendant
Patricia J. Kichman access to the property which she co-owns to perform an appraisal
that she is solely obligated to pay for.
7. The appraiser that Defendant Patricia J. Kichman desires to use at this point for
purposes of appraising 260 N. Enola Drive, Enola, PA is the office of Steven W. Barrett.
WHEREFORE, Defendant requests your Honorable Court to issue an Order on the
Plaintiff compelling him to cooperate in the appraisal request as set forth above.
Date: November C) 9 2006
Hubert X. Gil y, Esquire
Broujos & roy, P.C.
Attorney f r Defendant
October 26, 2006
Hubert X. Gilroy, Esquire
4 North Hanover Street
Carlisle, Pennsylvania 17013
Re: Kichman v. Kichman
Attention: Attorney Gilroy your request for a third Appraisal is unacceptable as you
noted on several correspondence you have full "trust in your Appraisers professional
judgment" and now that the appraisal on 260 N Enola Drive did not come out as you
expected and you and Pat were not able to persuade the appraiser to change his findings
(which will be brought up in court and William Benet's Appraisal will be subpoenaed) is
too bad
Go ahead and tell your lies to the Judge.
John W Kichman
EXHIBIT
I
835A
JOHN W. KICHMAN, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 05-2678 CIVIL
PATRICIA J. KICHMAN, : CIVIL ACTION -LAW
Defendant : IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify on this -r- " day of November, 2006> that the foregoing Motion to
Compel Plaintiff to Cooperate in a Real Estate Appraisal was mailed first-class, postage pre-
paid to:
Mr. John W. Kichman
260 N. Enola Drive
Enola, PA 17025
Wert X. Gilroy, Esquire
Attorney for Plaintiff
_J
_ ? -ice
JOHN W. KICHMAN,
Plaintiff
VS.
PATRICIA J. KICHMAN,
Defendant
AND NOW, this L(k
NOV 0 3 2006
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-2678 CIVIL
CIVIL ACTION -LAW
IN DIVORCE
COURT ORDER
day of _0 044'?
2006, upon
consideration of the attached Motion, and it appearing that the Defendant in the above action is
requesting to have an appraisal performed on real estate for which she is the co-owner and it
further appearing that the Defendant is willing to incur all expenses in connection with this
appraisal, it is ordered and directed as follows:
1. Plaintiff John W. Kichman is hereby ordered to cooperate and allow the firm of
Steven W. Barrett Real Estate & Appraisal Services to perform a real estate
appraisal at 260 N. Enola Drive, Enola, PA.
2. Counsel for the Defendant shall notify Mr. Kichman in writing as to when the
appraisal will take place and provide Mr. Kichman with at least ten (10) days
notice prior to the appraisal.
THE COURT
Edward E. Guido, Judge
Cc: bert X. Gilroy, Esquire J
r. John W. Kichman
di n
'"'V:\FILES\DATAFILE\General\Current\12331\Klehman Motion for app. of Master.wpd
Created: 9/20/04 0:06PM
Revised: 2/4/07 1:23PM
Hubert X. Gilroy, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
I.D.
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
JOHN W. KICHMA.N, : IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
VS. Docket No. 05-2678
PATRICIA J. KICHMAN, CIVIL ACTION LAW
Defendant IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
Patricia J. Kichman, Defendant, moves the Court to appoint a Master with respect to the following
claims:
(x) Divorce
( ) Annulment
(x) Alimony
( ) Alimony Pendente Lite
(x) Appraisal Fees
(x) Distribution of Property
( ) Support
(x ) Counsel Fees
(x) Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims (s) for which the appointment of a Master is
requested.
(2) The Plaintiff has appeared in the action ProSe.
(3) The statutory grounds for divorce are: 2 year separation
(4) Delete the inapplicable paragraph(s):
a. An agreement has been reached with respect to the following claims: None
b. The action is contested with respect to the following claims: All
(5) The action involves complex issues of law or fact.
(6) The hearing is expected to take 1 day.
(7) Additional information, if any, relevant
Date: c9 , .2007
k
:13 -
E.a;3
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I
ORDER APPOINTING MASTER
AND NOW, a2??? 7 , 2007,
4011-
Esquire is appointed Master with respect to the following claims: t eA-
By?thdt ?.
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Judge
Xj&.14 4w-?
-0 17
91.-
F:\FILES\DATAFILP\GcncTatlCurrent\12331\Yjchnian Motion for app. ofMaster.wpd
JOHN W. KICHMAN,
Plaintiff
V.
PATRICIA J. KICHMAN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 05-2678 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
PETITION FOR SPECIAL RELIEF
Plaintiff, John W. Kichman, sets forth the following.
1. The parties to the above captioned divorce action jointly own 260 N Enola Drive
Enola, PA.
2. Leaking underground oil tank creates an environmental hazarded.
3. Oil tank is leaking du to age and of no fault of Plaintiff or Defendant.
4. Inspection was completed by Biechler & Tillery and recommended clean up and
report the incident to Pennsylvania Department of Environmental Protection.
5. Alliance Environmental Services Inc inspected and recommended immediate
clean up and report to Pennsylvania Department of Environmental Protection.
6. Defended to pay $17,771 to Alliance Environmental Services Inc with in thirty
days to clean up this oil spill (1/2 of a total cost of $35,542)
7. Defendant to share all costs associated with this repaired witch could exceed
written estimate.
8. Husband seeks attorney's fees for all costs associated with this petition due to
Wife not responding to negotiations and all other options being exhausted by
husband.
9. Due to all costs associated with these repairs will cause financial hardship to
plaintifff.
WHEREFORE, Plaintiff husband requests your Honorable Court make the funds
available from defended to clean up this environmental hazard.
Date: ? ? ? ?' ^ Q 7
John W. Kichman Jr. Plaintiff
260 N Enola Dr
Enola Pa 17025
(717) 728-1387
Verification
I verify that the statements made in this document are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to
authorities
Date: 3 Z -Q 7
John W. Kichman Jr.
March 16, 2007
Hubert X Gilroy, Esquire
Martson Law Office
10 East High Street
Carlisle, PA 17013
Re: Kichman v. Kichman
Dear Attorney Gilroy
I am willing to give your client ten (10) days to respond to this letter before filing a Court
Petition requiring her to make the necessary funds available to clean up this oil spill.
Enclosed are reports from Biechler & Tillery, Inc. Home Inspections and Alliance
Environmental Services, Inc. regarding the above-referenced oil spill. Your clients one-
half (1!2) of the cost of clean up and removal is $17,771. Payment must be made to
Alliance Environmental Services, Iuc. If this is not done in a timely manner, both parties
will start incurring fines from the Pennsylvania Department of Environmental Protection
(PADEP) for failure to comply.
I cannot and will not incur the entire financial burden which exceeds the value of our
entire estate.
Your prompt attention is greatly appreciated.
Sincerely,
John Kichman
cc: Pennsylvania Department of Environmental Protection
EXHIBI'T'
A
icrinspections
INC.
John Kichman
Century 21 Walak Associates
3 803 Cedar Avenue
Camp Hill, PA 17011
March 12, 2007
RE: 260 North Enola Drive
Enola, PA 17025
To Whom It May Concern:
As requested we preformed a visual inspection of the foundation wait at the above
referenced property on March 12, 2007. The inspection was limited to areas of the
foundation wall parallel to the exterior underground oil tank. We did not conduct a full
home inspection. Following are the results based on a visual inspection:
• The owner of the property indicated the area where there is a 1500 gallon
fuel storage tank that is underground located near the exterior wall.
• There are several indications in the basement that the oil tank may be
seeping fuel oil.
o There are several areas of dark staining indicating moisture
seepage through the wall, and at basement floor level.
o These areas have oily residue and fuel oil odor.
o There is heavy staining and residue where the tank oil lines pass
through the basement wall.
Removal and clean up of a leaking fuel oil tank must be performed under EPA
supervision and guidelines. Typically the source of oil will be removed along with all
contaminated soil. Recommend to contact EPA for clean up protocol.
If you have any questions,7I can be reached at 717-221-1004:
Sincerely
;r
Scott Messner
EXHIBIT
B
2843N. Front Street i Harrisburg, PA 17110 1588-221-1004 1 717-221-1004 phone 1717-221-1045 fax I btinspect*fflKaWlet email 1 www.btinq*O-Conl
liMhw-d= I %dat 1 Ti 1 Vim I MaldTz* 1 FHAinsp COO
Al 1,
March 16, 2007
Mr. John Kichman
260 North Enola Drive
Enola, PA 17025
RE: UST Closure and Reporting
Enola Drive Property
AES1 Proposal No. 07-023
Dear John:
Alliance Environmental Services, Inc. (AWANCE) is pleased to present this work plan and cost
estimate for closure of a 1,500-gallon heating oil underground storage tank (UST) located at your 260 North
Enola Drive property in East Pennsboro Township, Enola, Pennsylvania, We understated that based on
inventory discrepancy there is a suspicion that the UST system is no longer competent and that remediation
of impacted soils will need to be implemented coincident with the removal of the heating oil system. This
work will document the removal of the heating oil system and renediation of heating oil-impacted soils. If a
heating oil release is confimned, notification and reporting to the Pennsylvania Department of Environmental
Protection (PADEP) wilt be required. We have prepared this proposal based on the known minimal work
requirements with allowance for some expected soil and masonry renediation.
Based on the evident oil staining at the basement wall penetration for the supply/return lines, we
suspect that impacted soils will need to be excavated from the tank to the exterior of the basement wall. At
this time, we have no indication that oil has migrated to materials beneath the foundation or beneath the
basement floor and it is not possible to prepare a workscope that could fully consider all potential conditions
present at the property without additional testing. These conditions can only be better understood with
removal of the tank system and additional inspection of subsurface soils, or more typically by core sampling
in these areas. The workscope proposed herein is based on a cursory inspection of the basement interior and
while investigative testing has not been performed, based on the reported age of the system (1960's} the tank
and lines have outlived their expected service life and removal of the heating system is recommended.
The workscope elements provided herein include; removal, inspection and documentation of the
UST, excavation and disposal of up to 125 cubic yards (approximately 180 tons) of impacted soil, post-
excavation soil sampling, reporting required by the PADEP, replacement of the building heating system, and
masonry replacement. These costs are detailed in the attached Table 1.
If during the course of the UST removal, a heating oil release is confirmed, time and materials costs
to conduct interim remedial soil excavation are included in Table 1. These costs are estimated and can not be
defined until the subsurface conditions are investigated. The proposed remedial activities include soil
excavation and stockpiling, past-excavation soil sampling to demonstrate attainment of PADEP soil
standards, excavation backfilling, off-site disposal of impacted soil, and PADEP reporting. These casts are
'U- -EOENVI--JNMENFAL
t 820 UNGLESTOwN ROAD, HARR1sBuRG, PA 171 EXHIBI 1 PttoNe: (7 17) 233-2400
235 EAST MARKET STREET, YORK, PA 17403 C PHONE: 07173 852$223
FAX: (7 17) 2332402
FAX: (7 17) 552,8232
AE51 PROPOSAL No. 07-023
TABLE 1: DETAILED BREAKDOVVN OF ESTIMATED CHARGES
2603 NORTH ENOLA DRIVE, EAST PENNSBORO TOWNSHIP
ENOLA, PENNSYLVANIA
UST CLOSURE/REMEDIATION: Includes personnel and equipment mobilization to conduct UST
closure, excavate impacted soils and collect soils samples over two days for the property.
Pro ject Director I hour $100/hour $100
Project Manager 4 hours $85/hour $340
j Subcontract UST
CleaningfRemovaMsposal $2,000/tank (Keystone) $2,000
Subcontract Soil Excavation,
backhoe/dum truck $1,200/day (Keystone) 52,404
Geoscientist 20 hours $70/hour $1,400
Soil Analytical Testing, incl.
waste disposal classification 10 samples @ $150/sample $1,500
i Subcontract Soil Visposal 180 tons est $55/ton Clean Earth $9,900
Subcontract Soil Loading 2 days est $750/da (Kc stone $1,500
Reimbursable Expenses/
ui t Rental (PID
Estimate $250
$250
TOTAL $19,390
RESTORATION AND REPORTING: With removal and closure of the UST system, excavation backfilling,
a new heating system, oil-soaked masonry replacement, and reporting to the PADEP will be required to
restore the property. PADEP required indoor air quality testing will be completed to ensure the safety of the
building and included with the project reporting to the PADEP. It is expected that soil will demonstrate
attainment of the PADEP's Statewide Health Standards. Ground water characterization is not presently
contemplated for this effort. A Site Characterization Report for remediated soils will be prepared for
submittal to the PADEP.
Project Director 4 hours $I00/hour $400
ect Manager
No
16 hours $851hour $1,360
Geoscientist 40 hours $701hour $2,800
CARD Draftin 6 hours $55/hour $330
Subcontract Heating System
Replacement $6,1161system (UGI) $6,116
Subcontract Masonry
Removal/Replacement $2,500 (estyJob (Ace) $2,500
Excavation Backfill 2RC stone 160 tons $10:60/ton $1,696
1 Indoor Air Anal
'cal
Testing
2 samples $150/sample $300
PADEP Report Submittal Fee 1 $500 $500
Reimbursable/Notific ation
Expenses Estimate @ $150 $150
-
TOTAL. $16.152
GRAND TOTAL ................................................................................................ $35,542
EXHIBIT
11-1- i.A N(7-,.--- ENVIRONMENTAL SERVICES, I NC
5
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_
JOHN W. KICHMAN IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
PATRICIA J. KICHMAN : NO. 2005 - 2678 CIVIL TERM
ORDER OF COURT
AND NOW, this 9TH day of APRIL, 2007, a hearing on Plaintiff's Petition for
Special Relief is scheduled for THURSDAY, APRIL 19, 2007, at 9:00 a.m. in
Courtroom # 3.
Edward E. Guido, J.
A hn W. Kichman
260 North Enola Drive
Enola, Pa. 17025
/ubert X. Gilroy, Esquire
4 North Hanover Street
Carlisle, Pa. 17013
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F:\FII.ES\DATAFII.E\General\Current\12331\12331.Orderl
Created: 9/20/04 0:06PM
Revised: 4/16/07 10:48AM
Hubert X. Gilroy , Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
I.D.
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
JOHN W. KICHMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. Docket No. _05-2678
PATRICIA J. KICHMAN, CIVIL ACTION LAW
Defendant IN DIVORCE
ORDER
Now this , 74 day of April, 2007, at the request of both parties, the hearing
A?M
in-the above referenced matter is rescheduled to the .# scheduled for April 19, 2007 day
of M , 2007 aoo m. in Court Room No. 3 of the Cumberland County Courthouse.
V
cc: Hubert X. Gilroy, Esquire
Mr. John Kichman
,lam y /P, ° 7
F.\FILES\DATAFILE\General\Cuvent\ 12331\12331.Orderl
Judge Edward E. Guido
''? 1 ;'.-?
JOHN W. KICHMAN,
PLAINTIFF
V.
PATRICIA J. KICHMAN,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005 - 2678 CIVIL TERM
IN DIVORCE
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance as attorney for the Plaintiff, John
W. Kichman.
Date: /)?" /(, .2007
?? ? X1P?r.?.aL
Thomas D. Gould, Esquire
I.D. # 36508
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
CC. Hubert X. Gilroy, Esquire
4
JOHN W. KICHMAN,
PLAINTIFF
V.
PATRICIA J. KICHMAN,
To the Prothonotary:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005 - 2678 CIVIL TERM
IN DIVORCE
PRAECIPE
Plaintiff /Petitioner, John W. Kichman, hereby withdraws his
Petition in the above captioned case seeking payment for
environmental cleanup on marital property scheduled for hearing on
Friday, May 18, 2006 before Judge Edward Guido.
Jam.,.. Z. 'NbVWt-.e_
Thomas D. Gould
Attorney for Plaintiff
Attorney At Law
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
CC. Hubert X. Gilroy, Esquire
°"`__ co a
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t..ti .
Created 9/20/04 0:06PM
Revised: 5/21/07 9:25AM
Hubert X. Gilroy , Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
I.D.
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
JOHN W. KICHMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
VS. . Docket No. 2005-2678
PATRICIA J. KICHMAN, : CIVIL ACTION LAW
Defendant . IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(cc) OF THE DIVORCE CODE
1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on May
3, 2005.
2. Defendant acknowledges receipt and accepts service of the Complaint on or about May
9, 2005.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of the filing of the Complaint.
4. I consent to the entry of a final decree of divorce without notice.
5. 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.
6. 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.
7. I have been advised of the availability of marriage counseling and understand that I
may request that the Court require counseling. I do not request that the Court require
counseling.
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: _ 9
John W. Kichman/Plaintiff
F:\IUES{DATAFME\Ge.... I\C.M.tll 2331112331.connff
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Created: 9120/04 0:06PM
Revised: 5121/07 9:22AM
Hubert X. Gilroy, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
I.D. 29943
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
JOHN W. KICHMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
VS. Docket No. 2005-2678
PATRICIA J. KICHMAN, : CIVIL ACTION LAW
Defendant . IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(_c) OF THE DIVORCE CODE
1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on May
3, 2005.
2. Defendant acknowledges receipt and accepts service of the Complaint on or about May
9, 2005.
3. The marriage of the Plaintiff and Defendant is irretrievably-broken and ninety days
have elapsed from the date of the filing of the Complaint.
4. I consent to the entry of a final decree of divorce without notice.
5. 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.
6. 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.
7. I have been advised of the availability of marriage counseling and understand that I
may request that the Court require counseling. I do not request that the Court require
counseling.
k --
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: -S - 1 -- ZOO 7
?
Patricia I Kichman efendant
F:'-'. S\DATAFILE\G-0e 2ACutrent\12331\12331.consaff
IN
THE COURT OF COMMON FLEAS
OF CUMBERLAND COUNTY
CTwTr^ ?r» X"A
JOHN W. KICHMAN,
t?f t
n=, -.•
Plaintiff
VERSUS
PATRICIA J. KICHMAN,
Defendant
No.
CIVIL
DECREE IN
DIVORCE
AND NOW, ,/__7, IT IS ORDERED AND
DECREED THAT JOHN W. KICHMAN
AND PATRICIA J. KICRMAM
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, PLAINTIFF,
DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The Court retains jurisdiction over the property riahts and
other issues pending before Divor e Master.
TH
ATTEST:
J.
PROTHONOTARY
PENNA.
?Sa
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F:\FILES\Cknts\12331\1233 1. l.Pramipe l .wpd
Created: 9/20/04 0 06PM
Revised: 9/18/07 10:11 AM
Hubert X. Gilroy, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
I.D. 29943
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
JOHN W. KICHMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. Docket No. 05-2678
PATRICIA J. KICHMAN, CIVIL ACTION LAW
Defendant IN DIVORCE
PRAECIPE
Please withdraw the appearance of Hubert of Hubert X. Gilroy, Esquire, on behalf of
Defendant Patricia J. Kichman.
///Y,----
Xubeft"X. Gilroy
Martson Deardorff Willaims Otto Gilroy & Faller
Martson Law Offices
I.D. 29943
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Please enter my appearance on behalf of Defendant, Patricia J. Kichman.
1 8 South Baltimord Street
illsburg, PA 17019
717) 432-4514
rn
mr,.
JOHN W. KICHMAN,
PLAINTIFF
V.
PATRICIA J. KICHMAN,
DEFENDANT
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-2678 CIVIL TERM
IN DIVORCE
WITHDRAWAL OF APPEARANCE
Please withdrawal my appearance on behalf of the Plaintiff,
John W. Kichman, in the above captioned matter.
Date: ?PcPAs'ktr J A. zoo?
THOMAS D. GOULD, ESQUIRE
I.D. # 36508
2 EAST MAIN STREET
SHIREMANSTOWN, PA 17011
(717) 731-1461
ENTRY OF APPEARANCE
I hereby enter my appearance Pro Se, in the above captioned
matter.
Date:
John W. Kic man, PRO SE
V6
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,? .ss
JOHN W. KICHMAN,
Plaintiff
V.
PATRICIA J. KICHMAN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 05-2678 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
PETITION FOR SPECIAL RELIEF
Plaintiff, John W. Kichman, sets forth the following.
1. The parties to the above captioned divorce action jointly own 260 N Enola Drive
Enola, PA.
2. Leaking underground oil tank creates an environmental hazarded.
3. Oil tank is leaking du to age and of no fault of Plaintiff or Defendant.
4. Inspection was completed by Biechler & Tillery and recommended clean up and
report the incident to Pennsylvania Department of Environmental Protection.
5. Alliance Environmental Services Inc inspected and recommended immediate
clean up and report to Pennsylvania Department of Environmental Protection.
6. Defended to pay $17,771 to Alliance Environmental Services Inc with in thirty
days to clean up this oil spill (1/2 of a total cost of $35,542)
7. Defendant to share all costs associated with this repaired witch could exceed
written estimate.
8. Husband seeks attorney's fees for all costs associated with this petition due to
Wife not responding to negotiations and all other options being exhausted by
husband.
9. Due to all costs associated with these repairs will cause financial hardship to
plaintiff.
-ft
WHEREFORE, Plaintiff husband requests your Honorable Court make the funds
available from defended to clean up this environmental hazard.
Date: ,z c?
-Tofin- W. Kichman Jr. Plaintiff
260 N Enola Dr
Enola Pa 17025
(717) 728-1387
..,
Mr. John Kichman AESI Proposal No. 07-023
March 16, 2007
COST ESTIMATE AND TIME OF COMmrnON
ALLIANCE proposes to complete the above scope of services, inclusive of all professional fees and
subcontractor charges on a time and expense basis for an estimated fee of $35,542. A detailed breakdown of
charges associated with this project is provided in the attached Table 1. Actual billing will be in accordance
with ALUANCE's Consulting Services Rate Schedule as well as General Terms and Conditions, which are
attached.
In order to initiate scheduling of this work, we request your authorization by returning a co-signed
copy of this proposal and $5,000 retainer payment to secure subcontracted services. We anticipate being able
to start work on this project immediately upon your authorization to proceed and as dictated by the tank
contractor's schedule.
UMTT'ATIONS
The purpose of the proposed work at the 260 North Enola Drive property is to document the removal
and subsurface conditions in conjunction with the removal of a 1,500-gallon heating oil UST. The proposed
work is based on the work scope described herein, which has been developed based on limited field
observations and inquiries. Investigation of subsurface and sub-foundation materials can be conducted to
refine the expected extent of the oil remediation workscope if you desire. Conclusions presented will be
based only on information gathered during the investigation and from data provided by others. The accuracy
of the conclusions drawn from information provided by others is inherently based on the accuracy of the
information that is provided.
All work will be completed in accordance with ALUANCE's General Terms and Conditions. No
other warranty, expressed or implied, is made. Finally, ALLIANCE reserves the right to modify this scope of
work and associated costs with your concurrence, if site conditions differ substantially from those understood
to exist.
Thank you for your consideration of this proposal and the opportunity to provide technical consulting
services on your behalf. Again, we anticipate that we will be able to initiate work at the property immediately
upon your authorization to proceed. If you have any questions concerning the information presented or wish
to discuss this in further detail, please do not hesitate to contact us.
Very truly yours,
ALLIANCE ENVIRONMENTAL SERVICES, INC.
EXHIBIT Theodore Tesler, P.G.
Project Director
A aa7; "
Paul E. Nachlas, P.G.
President
Attachments
ALLIANCE ENVIRONMENTAL SERVICES, INC.
Verification
I verify that the statements made in this document are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to
authorities
Date. Jo
. Kichman Jr.
7?
DEC S S 2007p?
JOHN W. KICHMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 05-2678 CIVIL TERM
PATRICIA J. KICHMAN, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
ORDER OF COURT
AND NOW, this A""day of 3998, upon consideration of the attached
Petition For Special Relief, it is or and dkected as followav.A C. LAMOL;
To - IN
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91-sims fat
Cc: Jane Alexander, Attorney at Law
Ja..., W. vi
Edward E. Guido, Judge
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JOHN W. KICHMAN,
Plaintiff
V.
PATRICIA J. KICHMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 05-2678 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
PETITION FOR SPECIAL RELIEF
Plaintiff, John W. Kichman, requests the following documentation.
1. Patricia Kichman's retirement, 401 K and her 401 K match from Giant Corporation
during the time of the marriage.
2. Social Security pay in, including employer contributions during the time of the
marriage.
3. All rents received for the rental property at 251 Susquehanna St and repair expenses as
well as the payoff for the mortgage on the property.
4. Current appraisals to be ordered on all jointly owned properties prior to April 8, 2008
Master's Hearing. Current appraisals reflecting current market value, cost of each to be
split by Plaintiff and Defendant.
WHEREFORE, Plaintiff requests your Honorable Court for production of all documents
listed above.
Date:
JOHN KICHMAN
VERIFICATION
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JOHN W. KICHMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS NO. 05-2678 CIVIL TERM
PATRICIA J. KICHMAN, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
ORDER OF COURT
AND NOW, this 10th day of January, 2008, after
hearing, it appearing to the Court that this matter has already
been addressed by the Master and a follow-up hearing is scheduled
before him on April 8th, 2008, it is hereby ordered and directed as
follows:
1. The parties shall attend the April 8th, 2008,
hearing with their respective estimates.
2. They should have available representives from the
companies making the proposal so that those representives may be
cross-examined by each party.
3. The Master shall decide which estimate to accept,
and the parties shall equally s
he costs of doing the work.
By the hurt,
Edward E. Guido, J.
John Kichman, Pro Se
260 N. Enola Drive
Enola, PA 17025
Jane Alexander, Esquire
David Winslow Sunday, Jr., Esquire
148 South Baltimore Street
Dillsburg, PA 17019
Masters Robert E. Elicker, II
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JAN 15 2lJq m k,
JOHN W. KICHMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vi. : NO. 05-2678 CIVIL TERM
PATRICIA J. KICHMAN, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
ration of the attached
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s on jointly-own
AND NOW, this/ a -da. of January 2008, u on conside
Petition for Special Relief
Edward E. Guido, Judge
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I verify that the statements made in this document are true and correct to the best
of my knowledge, information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification
to authorities.
Date: 1!Ll L ?a r
KICHMAN
• JAN 2 42U08
JOHN W. KICHMAN, JR. : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY,
: PENNSYLVANIA
vs.:
: NO: 05-2678
PATRICIA J. KICHMAN,
Defendant : CIVIL ACTION - IN DIVORCE
ORDER
AND NOW, this day of February 2007, upon consideration of the attached Petition for
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Special Relief, IT IS ORDERED AND DIRECT tD?a? follows:
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BY THE COURT:
Edward E. Guido, Judge
. Kichman, Jr.
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JOHN KICHMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PA
VS. : NO. 05-2678 CIVIL TERM
PATRICIA J. KICHMAN, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
ANSWER - RULE TO SHOW CAUSE
Defendant, Patricia J. Kichman respectfully requests that Plaintiff s Petition for Special
Relief be denied for the following reasons:
Patricia's retirement, 401K and her 401K match from Giant Corporation during the
time of the marriage are all matters that have been addressed by Divorce Master
Robert E. Elicker. A hearing is scheduled before him on April 8th, 2008.
2. Social Security pay in and employer contributions during the time of marriage are
matters that have already been addressed by Divorce Master Robert E. Elicker.
3. Rents received from the rental property at 251 Susquehanna St. and repair expenses
as well as any and all amounts due on the mortgage of said property have also been
addressed by Master Elicker and will be further addressed during the hearing
scheduled before him on April 8th, 2008.
4. Current appraisals on all jointly held properties have already been addressed by
Master Elicker as well.
WHEREFORE, the Defendant prays your Honorable Court deny Plaintiff's Petition for Special
Relief.
Respectfully submitted,
David W. Sunday Jr., Esquffe
Attorney for Defendant
I.D. No. 205500
148 South Baltimore Street
Dillsburg, PA 17019
(717) 432-4514
Verification
I verify that the statements made in this Rule to Show Cause are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
Date: 2 7 ZO(?- David W. Sunday Jr., Esq.
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that on February 7, 2008,1 have served a true
and correct copy of the Answer to Rule to Show Cause upon all parties or their counsel
via first-class United States mail, postage prepaid:
John W. Kichman
260 N Enola Drive
Enola, PA 17025
David W. Sunday ., Esq.
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JOHN W. KICHMAN,
Plaintiff
vi.
PATRICIA J. KICHMAN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 05-2678 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
ORDER OF COURT
AND NOW, thisjty of February 2008, upon consideration of the attached
Petition for Special Relie it is w?l l+e?asfedbrs: "-? {w-
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Edward E. Guido, Judge
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JOHN KICHMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 05-2678 CIVIL TERM TERM
PATRICIA J. KICHMAN, CIVIL ACTION - LAW
Defendant IN DIVORCE
ORDER OF COURT
AND NOW, this 13th day of February, 2008, after
hearing, the Petition For Special Relief is DENIED.
t,
Edward E. Guido, J.
/John W. Kichman
260 North Enola Drive
Enola, PA 17025
Plaintiff, Pro se
avid W. Sunday, Jr., Esquire
The Law Office of Jane M. Alexander, Esquire
148 South Baltimore Street
Dillsburg, PA 17019-1077
For the Defendant
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JOHN W. KICHMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 05-2678 CIVIL TERM
PATRICIA J. KICHMAN, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
NOTICE OF APPEAL
Plaintiff, John W. Kichman, requests the following decision:
1. The decision rendered by Judge Guido at the hearing on February 13, 2008 is
appealed.
2. The Attorney representing the Defendant was not the Attorney of Record, nor was the
proper documentation of appearance submitted.
3. The Defendant committed perjury while under oath.
4. The local municipal building codes and requirements for permits were not enforced by
the court.
5. The best interest of the citizens and community were not considered by the court.
WHEREFORE, Plaintiff requests that an Appeal be granted to the Plaintiff.
Date: ?„ Z J -p
oHN W. KICHMAN
VERIFICATION
I verify that the statements made in this document are true and correct to the best
of my knowledge, information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification
to authorities.
Date: '.P'
JOHN KICHMAN
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JOHN KICHMAN,
Plaintiff
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PATRICIA J. KICHMAN,
Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-2678 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
TRANSCRIPT OF PROCEEDINGS
IN RE: PETITION FOR SPECIAL RELIEF
Proceedings held before the
HONORABLE EDWARD E. GUIDO, J.
Cumberland County Courthouse, Carlisle, Pennsylvania
on Wednesday, February 13, 2008,
in Courtroom No. 3
APPEARANCES:
JOHN KICHMAN
Plaintiff, Pro se
DAVID W. SUNDAY, JR., Esquire
Law Office of Jane M. Alexander
For the Defendant
•
FOR THE PLAINTIFF
John Kichman
FOR THE DEFENDANT
Patricia Kichman
INDEX TO WITNESSES
•
EXAMINATION DIRECT CROSS
3 -- 6
-- 10
INDEX TO EXHIBITS
DEFENDANT'S EXHIBIT NO.
1 - Residential rental property
certification for Unit B
dated 11/13/07
2 - Residential rental property
certification for Unit A
dated 11/13/07
3 - Job Estimates dated 10/19/07,
6/14/07 and 8/18/07
4 - Job estimate dated 10/19/07
5 - Letter to tenant dated 10/10/07
from Patricia J. Kichman
14
IDENTIFIED ADMITTED
10 10
10 10
11 11
12 12
13 13
2
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1 THE COURT: Mr. Kichman, you filed another
2 petition for special relief. Do you want to come on up and
3 tell me what it is you want.
4 JOHN KICHMAN
5 having been duly sworn, testified as follows:
6 EXAMINATION
7 BY THE COURT:
8 Q We're dealing with the petition in connection
9 with 251 Susquehanna Avenue?
10 A Correct, Your Honor. This is the second time
11 we've been in here on this issue.
12 Q Well, what did I do the first time?
13 A You allowed her to continue managing the
14 property, Your Honor.
15 Q Well, why are you back now?
16 A Because of some blatant violations she has
17 been committing while --
18 Q Blatant violations of what?
19 A Such as having electrical services replaced
20 without permits, having contractors work without insurance
21 that I'm aware of. Also, her tenants, she is, at this time,
22 holding security deposits past seven years without returning
23 any of the interest. There is leaking of the roof. The
24 roof has been leaking for over two years now. It was
25 brought up at the last hearing we had. She just keeps
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changing out the ceiling tiles and letting it leak through
the second floor.
The leases are illegal. They don't meet the
Fair Housing Act or the Plain Language Act. There are no
lead paint disclosures, nor is she using them. As said
before, there's a handyman service doing the electrical that
there were no permits obtained, and it's shabbily done. It
could cause fires.
At this time, Your Honor, I would either like
the property returned back to me for management or to a
management company for liability for myself and my tenants.
Q Okay. Anything else you want me to know?
A Yes, Your Honor. While we're here, so we
don't have to have another hearing --
Q No, no, no. About 251 Susquehanna Avenue.
That's what we're here for today. Anything else you want me
to know about that matter?
A Yes. She did have an inspection done on the
property by the local ordinance. It's my understanding that
she didn't finish all of the repairs, as to the tenants'
word.
That's pretty much all I have, Your Honor.
THE COURT: Okay. Cross-examine.
MR. SUNDAY: Your Honor, my name is David
Sunday, and I represent Patricia Kichman. We move to have
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this motion dismissed, because this pertains to equitable
distribution, which has currently been ruled upon by Divorce
Master Elicker, and there's a hearing on April 8th by --
THE COURT: What do you mean it's been ruled
upon?
MR. SUNDAY: Divorce Master Elicker has made
it clear to us that the only issue left in equitable
distribution pertains to the cleanup of an oil spill at a
different property.
THE COURT: Has he made an order with regard
to the assets?
MR. SUNDAY: No specific order has been made
as of yet. However, we have a hearing on April 8th in front
of Master Elicker.
THE COURT: But what he's saying now is that
this particular property is being dissipated, so let me hear
what you have to say about that.
MR. SUNDAY: Yes, Your Honor.
THE COURT: Do you have any questions of him?
MR. SUNDAY: Yes.
THE WITNESS: Your Honor, I have not seen a
petition for Mr. Sunday to show up to be counsel for
Patricia at this point.
THE COURT: What are you talking about?
THE WITNESS: As attorney or counsel for her,
5
•
1 I haven't seen a motion for him, anything filed on his
2 behalf that he is her attorney. Ms. Alexander is.
3 THE COURT: He is sitting right there. He
4 represented her at the last hearing.
5 THE WITNESS: Correct. But it's under Jane,
6 I believe, Your Honor.
7 THE COURT: Go ahead, Mr. Sunday. You may
8 proceed.
9 MR. SUNDAY: Your Honor, at this time I would
10 like to enter into evidence my Exhibit A, which is --
11 THE COURT: Since I don't know what it is --
12 MR. SUNDAY: It's a copy of a lease agreement
13 that was made for that prop erty.
14 THE COURT: Well, what we're at now is you
15 asking him questions.
16 MR. SUNDAY: Well, I want to ask him
17 questions that pertain to t his lease.
18 THE COURT: You can only ask him -- show him
19 the lease.
20 MR. SUNDAY: Okay.
21 CROSS -EXAMINATION
22 BY MR. SUNDAY:
23 Q Mr. Kichman, can you please take a look at
24 that and tell me if you're familiar with the contents of it?
25 A Yes, I am. It's an old lease I used to use
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until I found out that it was illegal. It doesn't meet the
Fair Housing Act, and nowhere does it disclose that.
Q Mr. Kichman, that is your signature on that
lease, is it not?
A Correct. This lease was wrote in 2003,
October 1st, 2003.
Q Mr. Kichman, in that lease that you signed,
does it state there that you disclosed that there was
lead-based paint in the apartment to that individual?
A This doesn't pertain anymore. This tenant
doesn't even --
Q Please answer the question.
A This lease is no longer valid, Your Honor.
The tenant doesn't live there.
THE
THE
isn't the tenant,
BY MR. SUNDAY:
Q Mr.
THE
COURT: Answe
WITNESS: Not
and this isn't
Kichman, does
COURT: Well,
r the question.
that I'm aware of, but this
the property.
it not state on there --
I can read. Next question.
BY MR. SUNDAY:
Q Mr. Kichman, is it not true that Josie
Bjurstrom is a tenant in that property?
A Yes, she is.
Q Now, did Josie Bjurstrom give you the check
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for the security deposit for that property?
A She came with the property, and Patricia
owned the property prior to me --
Q Mr. Kichman, were you managing --
A She owned the property prior to our marriage.
THE COURT: The question was, did you get the
security deposit from the tenant?
THE WITNESS: No, I didn't, Your Honor. It
couldn't have been, because it was in her name. Josie
Bjurstrom's lease is in her name.
THE COURT: Good enough. Next question.
BY MR. SUNDAY:
Q Mr. Kichman, were you not managing that
property at the time that she became --
A I may have been managing it as a contact
person.
THE COURT: Hold on. One person at a time.
Let him finish the question before you start the answer and
vice versa. Let him finish his answer before you start a
question. Let's go.
BY MR. SUNDAY:
Q Mr. Kichman, were you managing the property
at the time when Patricia took over that property?
A No, I was not.
Q I'd like to ask you again, Mr. Kichman, was
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that security deposit check written to you, and were you in
possession of that security deposit check?
A Not that I'm aware of. Not that I remember.
Q Mr. Kichman, did this Court rule that you
were to return a certain computer to Patricia Kichman?
THE COURT: What does that have to do with
this petition?
MR. SUNDAY: Your Honor, the information
regarding what Mr. Kichman is alleging to be the security
deposit which is on the petition itself, the information is
on the computer that he was ordered to give back to Patricia
Kichman which he never gave back.
THE COURT: I don't want to tell you how to
do your job, but why don't you ask your client those
questions. It would be a lot easier.
MR. SUNDAY: At this point, I have no further
questions.
THE COURT: Thank you, Mr. Kichman. You may
step down. Do you have any other witnesses?
MR. KICHMAN: No, Your Honor.
THE COURT: Now, Mr. Sunday, do you want to
call your client.
MR. SUNDAY: I would like to call Patricia
Kichman.
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s
PATRICIA KICHMAN
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. SUNDAY:
Q Patricia, can you state your name and address
for the Court.
A Patricia Kichman, 210 West Maple Avenue,
Shiremanstown.
MR. SUNDAY: Could I approach?
THE COURT: You may.
BY MR. SUNDAY:
Q Patricia, can you tell me what it is that
you're holding in your hand?
A Certification from the township that both
apartments are safe and have -- the repairs have been done,
and they were inspected as of November of 2007.
THE COURT: Are those marked as exhibits?
MR. SUNDAY: I would like to mark those for
exhibits, Your Honor.
THE COURT: Okay. They will be 1 and 2. Has
Mr. Kichman seen them?
THE WITNESS: I guess not.
THE COURT: And they are from the township
zoning officer? Is that who did the inspection?
THE WITNESS: That is correct.
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THE COURT: They are admitted. Pass them up,
please. Go ahead, Mr. Sunday.
BY MR. SUNDAY:
Q Patricia, can you tell the Court when those
certificates were given to you?
A They were given to me in November of 2007.
Q Patricia, are those job estimates that you
received regarding what needed to be corrected on the
property?
A Yes.
MR. SUNDAY: I would like to introduce those
into evidence.
THE COURT: Exhibit 3 is admitted. Let Mr.
Kichman look at them.
THE WITNESS: There's one more, also, I
believe.
BY MR. SUNDAY:
Q Ms. Kichman, can you please tell me what that
is you're holding now?
A Another estimate that I had the repairs done
for the apartment.
Q Can you please read to the Court what repairs
were made according to that invoice?
A Install hand rail at basement and third floor
stairs, install smoke detectors, install ceiling tiles at
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various locations throughout, cover hole at kitchen wall,
label circuit boxes and have inspected, install grounding
strap at water meter and between circuit boxes, install new
lock-and-pull handle at basement door, repair two holes in
siding, repair wiring, and install two new basement lights.
MR. SUNDAY: Your Honor, at this time I would
like to introduce this into evidence, as well.
THE COURT: Is that No. 4?
MR. SUNDAY: Yes, sir.
THE COURT: It's admitted. Has Mr. Kichman
had a chance to see it?
(Exhibit No. 4 was handed to Mr. Kichman.)
THE COURT: Ma'am, the work contained in
Exhibit 3, those three estimates, has that been done?
THE WITNESS: Everything has been completed
and paid for.
THE COURT: Go ahead.
BY MR. SUNDAY:
Q Ms. Kichman, Mr. Kichman states that you
raised the rent for the property without any justification.
My question to you is this: Did you notify your tenant that
you were raising the rent prior to when you raised the rent?
A I notified her, and I stated why, because of
excessive electrical use. Which in the last petition he
reported me for a shared violation, which I got corrected,
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and that made her put her electric bill in my name. Through
that, I was able to raise the rent with justified high
electric charges.
Q Ms. Kichman, can you please tell the Court
what you're holding?
A A letter to the tenant.
Q Was that letter written by you?
A Yes.
Q What date was that letter written on?
A October 10th of 2007.
Q Can you please read the portion that pertains
to the --
THE COURT: Are you going to be admitting
that as an exhibit?
MR. SUNDAY: Yes, sir.
THE COURT: I can read. Exhibit 5 is
admitted. Go ahead.
BY MR. SUNDAY:
Q Ms. Kichman, it has also been alleged that no
disclosure was made pertaining to lead-based paint in the
apartment. Did you make a disclosure to the tenant that
there was lead-based paint in the apartment?
A John wrote out the lease, because the
lease -- she never had a lease prior to me purchasing the
house, so John suggested that we write up a lease, and he's
13
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1 the one that was managing the property at that time. He has
2 the lease in his possession, and he signed it, and he has
3 the security deposit.
4 Q Ms. Kichman, you say he has the security
5 deposit. How is it that he has the security deposit?
6 A I don't know. It was written out in his
7 name, and it must have -- you can ask him what he did,
8 because he's the one that had to cash it.
9 Q So, you at no point had the security deposit?
10 A No.
11 MR. SUNDAY: Okay. Your Honor, I have no
12 further questions.
13 THE COURT: Mr. Kichman, do you have any
14 questions?
15 MR. KICHMAN: Yes, I do, Your Honor.
16 CROSS-EXAMINATION
17 BY MR. KICHMAN:
18 Q Patricia, on your certificate of rental for
19 the township that was signed the 1st of November, were all
20 repairs done by the time you received that?
21 A Yes.
22 Q Exhibit No. 4 --
23 THE COURT: Here. You may have them if you
24 want.
25 BY MR. KICHMAN:
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1 Q Do have you a copy of the repairs that were
2 necessary to gain this certificate?
3 A Yes.
4 Q Where are they at?
5 A Can I step down and get them?
6 THE COURT: Yes.
7 (The witness stepped off the stand to
8 retrieve documents.)
9 BY MR. KICHMAN:
10 Q You stated the repairs due on the East
11 Pennsboro report were done prior to the certificate that you
12 received on November 1st, correct?
13 A They did fix the tiles in the bedroom, but
14 they had --
15 Q All of the repairs --
16 THE COURT: Let her finish. Go ahead.
17 THE WITNESS: All of the repairs that were on
18 that list, to my knowledge, were done, and the township came
19 over and inspected them. There was a problem that the tiles
20 still had a leak, and it's not the leak that you're talking
21 about. The leak that you're talking about that the roof
22 leaked is corrected. It hasn't been leaking since. This is
23 a new leak, and we are currently every week trying to
24 correct it. But you can't find a leak overnight, because
25 he's been trying caulking the windows and everything.
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1 Q Your repairs are stated November 19th. Your
2 inspection is November the 1st. The repairs to this are the
3 19th.
4 MR. SUNDAY: I object, Your Honor.
5 THE WITNESS: They were done.
6 THE COURT: Hold on. What basis?
7 THE WITNESS: Let me see them.
g MR. SUNDAY: Relevancy.
9 THE COURT: Overruled.
10 THE WITNESS: Can I see them?
11 THE COURT: Yes. Let her see them.
12 (Documents were handed to the witness.)
13 THE WITNESS: He did them prior to the
14 billing.
15 MR. KICHMAN: See, Your Honor.
16 THE COURT: What?
17 MR. KICHMAN: She's consistently lying and --
18 MR. SUNDAY: I object, Your Honor.
19 THE COURT: Sustained. Next question.
20 BY MR. KICHMAN:
21 Q The repairs for the certificate were not done
22 prior to the certificate being read.
23 THE COURT: What's your question?
24 MR. KICHMAN : I'm just making a point, Your
25 Honor.
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1 THE COURT: Don't make a point, sir. Ask
2 questions. You make another point until closing argument,
3 I'm going to hold you in contempt. Is that clear?
4 MR. KICHMAN: Yes.
5 BY MR. KICHMAN:
6 Q Your 60-amp breaker you had replaced, do you
7 have a permit from the township for that?
8 A They said I didn't need one. I had already
9 asked them.
10 Q I'm asking again. The 60-amp breaker --
11 THE COURT: She answered it. Next question.
12 MR. KICHMAN: That's all I have, Your Honor.
13 THE COURT: Ma'am, may I see those documents
14 again? There is an inspection that was done on the 21st of
15 September.
16 THE WITNESS: Yes.
17 THE COURT: This was not marked as an
18 exhibit.
19 THE WITNESS: That's because that's what I
20 had to dig out of the folder.
21 THE COURT: I understand that. The repairs
22 in Exhibit 4 are dated October 19th. Do you have Exhibit 3,
23 Mr. Kichman?
24 MR. KICHMAN: This is Exhibit No. 2, Your
25 Honor.
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THE COURT: Do you have any more exhibits?
Exhibit 3 is the one that has several exhibits to it,
Mr. Kichman. May I have all of the exhibits, Mr. Kichman,
please.
MR. KICHMAN: Yes.
(Exhibits were handed to the Court.)
THE COURT: The job estimates appear to be
in October, June, August and October. Is that correct?
THE WITNESS: Yes.
THE COURT: And the inspections were done
on -- the inspection where they listed deficiencies was done
in September?
THE WITNESS: That's correct.
THE COURT: Then the certifications were
issued on November 13th?
THE WITNESS: Correct.
THE COURT: Do you have any follow-up, Mr.
Sunday?
MR. SUNDAY: No, Your Honor.
THE COURT: Mr. Kichman, do you have any
follow-up on what I asked, sir?
MR. KICHMAN: Yes, I do, Your Honor.
THE COURT: Go ahead.
CROSS-EXAMINATION (Cont'd.)
BY MR. KICHMAN:
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Q Those repairs necessary for that inspection
were done on the 19th. If you look at the invoice on the
19th --
THE COURT: The 19th of October?
MR. KICHMAN: Correct.
THE COURT: What's the question?
MR. KICHMAN: I'm just letting it known that
the repairs were done afterwards or allegedly done after --
THE WITNESS: But I had a reinspection after
that. After the reinspection, she certified it. It wasn't
inspected the first time. It was inspected -- the second
time I got the certification.
THE COURT: Mr. Kichman, anything else of
this witness?
MR. KICHMAN: No, Your Honor, just a closing
statement.
THE COURT: Thank you, ma'am. You may step
down. Any other witnesses, Mr. Sunday?
MR. SUNDAY: No, Your Honor.
THE COURT: Mr. Kichman, argument?
MR. KICHMAN: Yes, Your Honor. At this time,
I have shown that the repairs may or may not have been done,
maybe even after the certificate. The property has not been
properly managed. There are illegal violations and illegal
work being done without proper documentation and insurances
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to do so. The property is run haphazardly. It could
directly affect the tenants and myself due to the
mismanagement of this property and the community.
This time I'm asking for the Court, again, to
turn the property over to me or to a property management to
run this property legally and safely. Thank you, Your
Honor.
THE COURT: Mr. Sunday.
MR. SUNDAY: Your Honor, we have shown that
Ms. Kichman made all necessary repairs to that premises. In
fact, it's been certified by the East Pennsboro Township
residential property certification. At this point, Your
Honor, we find no reason whatsoever why this property should
be transferred to anyone but Ms. Kichman.
THE COURT: What about the disclosure on the
lead-based paint?
MR. SUNDAY: Your Honor, the lease is in Mr.
Kichman's property.
THE COURT: I haven't seen any lease.
MR. SUNDAY: Well, Exhibit 1, the other lease --
THE COURT: Exhibit 1 is the inspection.
MR. SUNDAY: Your Honor, we're in a situation
here where we have -- the lease of that property is being
held by Mr. Kichman. I requested it from the attorney. It
wasn't given to me. At this point --
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THE COURT: Who was his attorney?
MR. SUNDAY: Attorney Thomas Gould.
THE COURT: Are you represented by counsel in
these proceedings?
MR. KICHMAN: No, I'm not, Your Honor. I had
to fire him.
THE COURT: When was that?
MR. KICHMAN: A couple of months ago.
THE COURT: Why are you requesting legal
fees?
MR. KICHMAN: Because she keeps dragging us
through court. This has been going on for three years.
THE COURT: Well, you're the one filing all
of the petitions, sir.
MR. KICHMAN: That's because I'm trying to
get her to start paying some of the bills she owes and clean
up the properties, Your Honor.
MR. SUNDAY: Your Honor, respectfully, we
move for attorney's fees. Since the last Master's hearing,
which was two months ago, Mr. Kichman has filed nine
letters, three petitions -- we've had to file one answer.
This is our second court appearance, with one pending, and
an appearance for Ms. Kichman to the district justice.
THE COURT: Which other one is pending? I'm
only looking at what is before me. Mr. Kichman, do you have
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the lease for this property for this particular tenant in
your possession?
MR. KICHMAN: Yes, I do, Your Honor.
THE COURT: You do?
MR. KICHMAN: Yes.
THE COURT: Where is it?
MR. KICHMAN: I don't have it with me.
THE COURT: All right. When does it expire?
MR. KICHMAN: It's a month-to-month at this
time, Your Honor.
THE COURT: All right. Let's get a new
lease.
MR. SUNDAY: Yes, Your Honor.
THE COURT: Make the disclosures. Mr. Kichman, you
are on the cusp. If you file another petition in this Court
before that Master's hearing on April 8th, it better be a
dire emergency or you're going to be paying your wife's
attorney fees. Do you understand that?
MR. KICHMAN: Yes, Your Honor.
THE COURT: Okay. We're clear.
(The following Order was entered by the
Court:)
"AND NOW, this 13th day of February, 2008,
after hearing, the Petition For Special Relief is DENIED."
THE COURT: I've just signed an order. I
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have reviewed the petition filed by Mr. Kichman in
connection with which I issued a Rule. There was a response
filed. I have signed an order referring that matter to the
Master, also.
Here are the exhibits. If you want to make
copies, you can take your originals back. Please make
copies for Mr. Kichman, also. Actually, give the originals
to the Defendant, a copy to the Plaintiff, and a copy for
the file. Court is adjourned.
(Court was adjourned.)
23
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CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is a correct transcript of
same.
?.
'J4 M-1,
Susan Rice Stoner
Official Stenographer
The foregoing record of the proceedings on
the hearing of the within matter is hereby approved and
directed to be filed.
W13 LOS
Date
Edward E. Guido, J.
24
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COMMONWEALTH OF PENNSYLVANIA
V.
JOHN WESLEY KICHMAN, JR.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
05-2678 CIVIL
ORDER OF COURT
AND NOW, this day of ??.•- , 2008, it is hereby ordered
and directed that the C1 k of Court of Common Pleas of Cumberland
County, Pennsylvania issue a Writ of Habeas Corpus ad Prosequendum
directing the Superintendent of the State Correctional Institution-
Mercer, to deliver the body of JOHN WESLEY KICHMAN, JR., Inmate #HM-
0735 to the Sheriff's Department of Cumberland County, Pennsylvania
for the purpose of Divorce Master Hearing on June 30, 2008 at 9:00
A.M., at the Cumberland County Courthouse. The Sheriff's Department
of Cumberland County is hereby directed to serve the Writ upon the
Superintendent of the State Correctional Institution-Mercer.
For the purpose of his release from the said institution and his
return thereto following the disposition, unless otherwise ordered by
the Court, this order to constitute sufficient warrant.
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BY THE COURT,
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IN THE COURT OF COMMONPLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Commonwealth of Pennsylvania
Plaintiff : File No. 05-2678 Civil Term
vs.
John Wesley Kichman, Jr.
Defendant WRIT OF HABEAS CORPUS
To the Superintendent of the State Correctional Institution-Mercer
By an Act of Assembly of 1785, we command you to have the body
of John Wesley Kichman, Jr. before the Honorable Edward E. Guido, Judge
of our court of Common Pleas of Cumberland County, at the Courthouse, in
the city of Carlisle, Pennsylvania, on Monday the 30th day of June, 2008, at
9:00 o'clock, A. M. in Courtroom Number 3.
WITNESS, the Honorable Edward E. Guido, Judge of our said Court,
at Carlisle, this 6th day of June, 2008.
C is R. Lon , ro onota , Civil Division
By:
Deputy
. r
JOHN W. KICHMAN,
Plaintiff
Vs.
PATRICIA J. KICHMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05 - 2678 CIVIL
IN DIVORCE
ORDER OF COURT
AND NOW, this 06, day of ,
2008, the parties having previously been divorce by decree
entered August 14, 2007, and the parties and counsel having
entered into an agreement and stipulation resolving the
economic issues on June 30, 2008, the date set for a Master's
hearing, the agreement and stipulation having been transcribed
and subsequently signed by the parties and counsel, the
appointment of the Master is vacated.
cc: ? Karl E. Rominger
Attorney for Plaintiff
Jane M. Alexander
Attorney for Defendant
Ccp I'ES en%tt Ls?,
7/3 I/d ?
BY
TWNCA
Edgar B. Bayley, P.J.
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JOHN W. KICHMAN, IN THE MASTER OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 2005 - 2678 CIVIL
PATRICIA J. KICHMAN,
Defendant IN DIVORCE
THE MASTER: Today is Monday, June 30, 2008. This
is the date set for a hearing in the above-captioned divorce
proceeding.
Present in the hearing room are the Plaintiff, John
W. Kichman, and his counsel, Karl E. Rominger, and the
Defendant, Patricia J. Kichman, and her counsel, Jane
Alexander.
The parties were divorced by Order of Judge Guido
on August 14, 2007. The divorce complaint preserved the
economic claims raised in the proceedings.
The complaint in divorce was filed on May 23, 2005,
and raised grounds for divorce of irretrievable breakdown of
the marriage and adultery. The parties, pursuant to a Petition
for Bifurcation, were divorced under the provisions of Section
3301(c) of the Domestic Relations Code. The complaint also
raised the claim of equitable distribution.
On June 22, 2005, the Defendant wife fil,d a
petition raising claims for alimony, alimony pendente lite and
legal fees and costs.
The Master has been advised that the claims for
alimony and legal fees and costs will be withdrawn. Therefore,
we are left with the claim raised in the complaint of equitable
distribution.
The parties, after negotiations this morning, have
reached an agreement with respect to the equitable distribution
claim and the agreement is going to be placed on the record in
the presence of the parties. The agreement as placed on the
record will be considered the substantive agreement of the
parties not subject to any changes or modifications except for
correction of typographical errors which may be made during the
transcription. Consequently, when the parties leave the
hearing room today, even though there has been no signing of
the agreement affirming the terms of settlement, they are bound
by the settlement as stated on the record.
The agreement will be sent to counsel to review for
typographical errors; if there are any typographical errors,
they can make those corrections, but it is understood that no
substantiative changes can be made to the agreement when it is
sent to counsel. Counsel will then procure their client's
signatures affirming the terms of settlement and return to the
Master two copies of the signed agreement. After the agreement
has been signed or affirmed, or if it is not signed and counsel
are unable to obtain their client's signatures, nevertheless,
the Master will consider the agreement binding as stated. It
is noted again that when the parties leave the hearing room,
they are bound by the agreement.
Upon receipt by the Master of the completed
document, the Master will prepare an order vacating his
appointment and the divorce proceedings will be considered
concluded. The economic claim will have been resolved by the
agreement and the parties have previously been divorced
pursuant to a Petition for Bifurcation.
Mr. Rominger, if you want to go forward with the
agreement.
MR. ROMINGER:
1. The parties will keep any real estate, personalty, or other
items now in their possession except as otherwise outlined
below.
2. Wife shall receive title free and clear to 251 Susquehanna
Avenue and title free and clear to the land at Cove Hill Road,
Perry County. Husband will sign checks and any other documents
necessary to transfer title to wife.
3. Wife shall receive title free and clear to a motor vehicle,
a Volkswagen Passat, which she is now driving, and husband
shall cooperate with the signing of any necessary documents to
effectuate the transfer of said title.
4. Wife will sign any and all deeds or other documents to
transfer any remaining jointly titled property to the exclusive
benefit of husband, specifically being properties located at
260 North Enola Drive, and 217 and 219 Wyoming Avenue.
5. Wife will sign any and all necessary documents to
effectuate the transfer of the Jeep Liberty title to the sole
and exclusive use of husband.
6. Each party shall be responsible for preparing the necessary
deeds for the properties they are retaining. The other party
shall be responsible to sign them when presented and return
them to the other party for filing with the courthouse within
30 days of receipt of deeds.
7. Each party agrees
obligations currently
receiving and for whi,
liable. Both parties
required binding lien
transfers.
to indemnify the other for any
owed on the properties which they are
7h the other side might otherwise be
agree to sign any and all documents
holders or lenders to perfect said
8. The parties agree to attempt to refinance and remove said
debts within 90 days of this agreement, and continue in good
faith efforts to remove said debt if and until accomplished.
9. There is to be remediation of an oil tank at 260 North
Enola Drive, and wife has agreed to be solely liable for the
first $8,000.00 of said remediation. It being noted that an
estimate has been provided by the BL Companies which estimates
the base cost at $6,700.00. If it goes beyond the $8,000, then
they will both be jointly and severally liable for any
additional amounts. It is further agreed that wife will retain
the services of the BL Companies to effectuate this paragraph.
10. All other claims of the parties are expressly waived and
all untitled property now in the possession of either party is
now the sole and exclusive property of that party. It is
further understood that this paragraph includes any claims in
any pensions, retirements, inheritances or expectancies in any
property acquired by either party subsequent to the filing of
the divorce which was not specifically referenced in this
agreement.
11. The parties exclusively waive their various claims for
rents on any of the rental properties or any of the properties
owned by either of the parties of the marriage. It is
specifically agreed that no rents or credits for rents are due
or owing to either party by the other party.
12. Should either party fail to perform under this agreement,
the other party may seek to enforce this order in court and
also seek an award of reasonable attorney's fees should they
prevail in such an action.
13. Both parties agree to respect the quiet enjoyment of the
various properties transferred under this agreement. Neither
party shall bring any additional lawsuits for any claims which
may have existed or did exist as of the date of this agreement
or prior thereto or all the way back to the beginning of time.
THE MASTER: Mr. Rominger, do you want to go on the
record with your client, please.
MR. ROMINGER: Mr. Kichman, can you give your name
for the record?
MR. KICHMAN: John Wesley Kichman.
MR. ROMINGER: You are the Plaintiff in this
action?
MR. KICHMAN: Yes.
MR. ROMINGER: Have you heard the agreement as read
to the court reporter?
MR. KICHMAN: Yes, I did.
MR. ROMINGER: Do you agree to be bound by the
terms as I have read them into the record?
MR. KICHMAN: Yes, I do.
MS. ALEXANDER: You have heard the proposed
agreement as it has been presented, and you are the Defendant
in this action?
MS. KICHMAN: Yes.
MS. ALEXANDER: Have you listened carefully and do
you feel you understand all of the terms that have been
presented?
MS. KICHMAN: Yes.
MS. ALEXANDER: Do you agree that they shall become
an order enforceable against you as well as on your behalf?
MS. KICHMAN: Yes.
MS. ALEXANDER: Do you agree to sign same?
MS. KICHMAN: Yes.
THE MASTER: Mr. Kichman, do you understand the
terms of the agreement?
MR. KICHMAN: Yes, I do.
THE MASTER: Do you have any questions about it?
MR. KICHMAN: No.
THE MASTER: Mrs. Kichman, do you understand the
terms of the agreement?
MS. KICHMAN: Yes.
THE MASTER: Do you have any questions about it?
MS. KICHMAN: No.
THE MASTER: The parties were married on November
a
2001, and separated on May 23, 2005. The parties do not
have any children together, although each party has children to
other relationships.
Mr. Kichman, would you give us on the record your
mailing address, please?
MR. KICHMAN: 260 North Enola Drive, Enola,
Pennsylvania.
'THE MASTER: If we wanted to get you where you are
currently incarcerated, do you have an address that you want to
put on the record?
MR. KICHMAN: 801 Butler Pike, Mercer,
Pennsylvania.
THE MASTER: What is the name of the facility?
MR. ROMINGER: SCI Mercer. Do you have an inmate
Y
number which they would need to provide any information?
MR. KICHMAN: Yes, it is HM0735.
THE MASTER: Mrs. Kichman, what is your mailing
address?
MS. KICHMAN: 210 West Maple Avenue, Shiremanstown,
17011.
THE MASTER: Does anybody have any other matters
they want to discuss before we adjourn?
MR. ROMINGER: No, Your Honor.
THE MASTER: Thank you.
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend to
bind myself to the settlement as a contract obligating myself
to the terms of settlement and subjecting myself to the methods
and procedures of enforcement which may be imposed by law and
in particular Section 3105 of the Domestic Relations Code.
WITNESS: DATE:
Karl E. Rominger 0000- John W. Kichman
Attorney for Plaintiff
ane M? lexan er --Patricia J. Kic
ttorne for Defendant