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HomeMy WebLinkAbout05-6218 JEFFREY S. MICKLO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005- ?? SIP CIVIL TERM ANGELA S. MICKLO, CIVIL ACTION-LAW Defendant 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 at the Cumberland County Court House, 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. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 JEFFREY S. MICKLO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005- Wjj CIVIL TERM ANGELA S. MICKLO, CIVIL ACTION-LAW Defendant DIVORCE COMPLAINT 1. Plaintiff is Jeffrey S. Micklo, an adult individual who currently resides at 111 Andrew Court, Carlisle, Cumberland County, Pennsylvania 17013-4371. 2. Defendant is Angela S. Micklo, an adult individual who currently resides at 111 Andrew Court, Carlisle, Cumberland County, Pennsylvania 17013-4371. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 12, 2000, in Mt. Holly Springs, Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in Counseling. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. COUNT II - INDIGNITIES 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The Plaintiff alleges that in violation of her marriage vows, the Defendant has over a period, in Cumberland County, and other places offered such indignities to the person of the Plaintiff as to render his condition intolerable and life burdensome. 12. This action in divorce is not conclusive. WHEREFORE, Plaintiff prays your Honorable Court to enter a decree in divorce. COUNTIII - CUSTODY 13. The Plaintiff is Jeffrey S. Micklo, an adult individual residing at 111 Andrew Court, Carlisle, Cumberland County, Pennsylvania 17013-4371. 14. The Defendant is Angela S. Micklo, an adult individual residing at 111 Andrew Court, Carlisle, Cumberland County, Pennsylvania 17013-4371. 15. Plaintiff seeks custody of Colton J.C. Micklo, born February 17, 1999 and Korrd A. Micklo, born December 31, 2001. The children are presently in the custody of Plaintiff and the Defendant at 111 Andrew Court, Carlisle, Cumberland County, Pennsylvania 17013-4371. During the past five years, the children have resided with the following persons at the following addresses: Persons Residences Dates Jeffrey S. Micklo and Angela S. Micklo Jeffrey S. Micklo and Angela S. Micklo 111 Andrew Court Carlisle, Pennsylvania 119 Walton Circle Ickesburg, Pennsylvania December 2004 to present Birth to December 2004 The natural father of the children is Jeffrey S. Micklo, currently residing at 111 Andrew Court, Carlisle, Cumberland County, Pennsylvania 17013-4371. He is married to the Defendant. The natural mother of the children is Angela S. Micklo, currently residing at 111 Andrew Court, Carlisle, Cumberland County, Pennsylvania 17013-4371. She is married to the Plaintiff. 17. The relationship of the Plaintiff to the children is that of natural father. The plaintiff currently resides with the following persons: Names Relationship Angela S. Micklo Wife Colton J.C. Micklo Son Korrd A. Micklo Son 18. The relationship of the Defendant to the children is that of natural mother. The defendant currently resides with the following persons: Names Relationship Jeffrey S. Micklo Husband Colton J.C. Micklo Son Korrd A. Micklo Son 19. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other Court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 20. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff requests your Honorable Court to grant him primary physical custody of the children. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer I. D. # 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff, Jeffrey S. Micklo mas\Domestic\M ickl o\d ivorce. com p JEFFREY S. MICKLO, Plaintiff V. ANGELA S. MICKLO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- CIVIL TERM CIVIL ACTION-LAW VERIFICATION The statements in the foregoing Divorce Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Date: November 30, 2005 S. eff y S. M i c k I o W (Jl C r: Q `t C (% 1 1 ?l 5c ti -IQ b SHERIFF'S RETURN - REGULAR CASE NO: 2005-06218 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CKLO JEFFREY S VS MICKLC ANGELA S RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE ANGELA S DEFENDANT was served upon the at 1116:00 HOURS, on the 20th day of December-, 2005 at 111 ANDREW COURT CARLISLE, PA 17013-4371 ANGELA MICKLO by handing to a true and attested copy of COMPLAINT - DIVORCE together with and at, the same time directing Her attention to the contents thereof. Sherif'f's Costs: Docketing 18.00 Service 9.60 Postage .37 Surcharge 10.00 .00 37.97 Sworn and Subscribed to before me this " day of ?0271. A.D. i Pro n tary So Answers: R. Thomas Kline 12/22/2005 OBRIEN BARK :SCHE R By: eputy Sheriff vs A Ale? i7A- mi e. Y- L? Case No. 0 S 6Z Statement of Intention to Proceed To the Court: 0 -It [4, cc-)c ! intends to proceed with the above captioned matter. Print Name Wt AA- ti A. Sign Name Date: Attorney for Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the.case, they wiL take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. min zc- } o ANGELA SUE MICKLO, Plaintiff V. JEFFREY S. MICKLO, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ??-7 - Ud J NO. 2007 - 6580 CIVIL ACTION -LAW IN DIVORCE, EQUITABLE DISTRIBUTION, ALIMONY PETITION TO MERGE DIVORCE COMPLAINTS The petition of Angela Micklo, by her attorneys the Family Law Clinic, respectfully represents the following: 1. On December 2, 2005, Jeffrey S. Micklo filed a Divorce Complaint, by and through his attorney Michael A. Scherer, Esquire, naming himself as plaintiff and Angela S. Micklo as defendant. This matter was docketed at No. 2005 - 6218. Mr. Micklo's Divorce Complaint contains three counts: Count I - Divorce, Count II - Indignities, and Count III - Custody. 2. On October 30, 2007, two years having elapsed, the Family Law Clinic mistakenly filed a Divorce Complaint on Angela S. Micklo's behalf, naming Ms. Micklo as plaintiff and Jeffrey S. Micklo as defendant. This matter was docketed at No. 2007 - 6580. Ms. Micklo's Divorce Complaint contains three counts: Count I - Divorce, Count II - Equitable Distribution, and Count III - Alimony. 3. On April 10, 2008, Ms. Micklo, by and through her attorneys the Family Law Clinic, filed a Praecipe to Withdraw Alimony Claim. 4. At this time, both divorce complaints are active. 5. The Family Law Clinic has discussed this matter with Mr. Micklo's attorney, Michael A. Scherer, Esquire, and has obtained Mr. Scherer's consent to merge the two divorce matters, with all further actions to be filed to and under the caption of JEFFREY S. MICKLO v. ANGELA S. MICKLO, Docket No. 2005 - 6218. 6. No Judge has been assigned to either of these dockets. WHEREFORE, the Family Law Clinic respectfully requests that this Court merge the two divorce matters into one docket, with all further actions to be filed to and under the caption of JEFFREY S. MICKLO v. ANGELA S. MICKLO, Docket No. 2005 - 6218. The Family Law Clinic further requests that this Court preserve Ms. Micko's Equitable Distribution claim under the merged docket. Date: rbli ,c to e L ebecca Fa lkner Certified Legal Intern &WZ & G MEGAN RiEsmEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. / - Date: ??l?,?,? aj-?=44 1.1 Rebecca F ulkner Certified Legal Intern CERTIFICATE OF SERVICE I, Rebecca Faulkner, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Petition to Merge Divorce on the following person by first class U.S. Mail, postage prepaid, this 7t' day of November, 2008, at the following address: Michael A. Scherer, Esquire 19 West South Street Carlisle, Pennsylvania 17013 Rebecca Faulk er Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ?? __ t`?', e_°. _: i. ? ?-C.. j i. f ??'? fir`; NOV 10 20080-, JEFFREY S. MICKLO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005 - 6218 ? ANGELA S. MICKLO, CIVIL ACTION -LAW Defendant IN DIVORCE AND CUSTODY ANGELA SUE MICKLO, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007 - 6580 CIVIL ACTION -LAW JEFFREY S. MICKLO, : IN DIVORCE, EQUITABLE DISTRIBUTION, Defendant ALIMONY ORDER AND NOW THIS 1Y' day of November, 2008, it is hereby ordered that these two cases shall hereby be combined and all further actions shall be filed to and under the caption of JEFFREY S. MICKLO v. ANGELA S. MICKLO, Docket No. 2005 - 6218. By the urt Distributio is el A. Scherer, Esquire, counsel for Jeffrey Micklo F 1 ly Law Clinic, counsel for Angela Micklo y c r?{?' ?,? ti y??? ??' a?`` °'??d? .??,, ; r "w? ?' :??1t3 ,,?,K1?,ji?.w` ,r?,.-l1 JEFFREY S. MICKLO, Plaintiff V. ANGELA S. MICKLO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND -aOUNTY, PENNSYLVANIA c? NO. 2005-6218 CIVIL TERM `-~Y 7- IN DIVORCE r: F PLAINTIFF'S AFFIDAVIT OF CONSENT AND -? WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF' THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C, of the Divorce Code was filed on December 2 , 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of a final decree in divorce without notice. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 6. 1 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 penaltie 5 of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: (=? Jeffrey S. Micklo oss PAGE 02 02/0212010 11:15 7172495755 JEFFREY S. MiCKLO, IN THE COURT OF COMMON PLEAS OF Plaintiff : CAMERON COUNTY, PENNSYLVANIA V, : NO.2005-6218 CIVIL TERM ANGELA S. MICKLO, Defendant IN DIVORCE DEFENDANT'S AFFID&IT OF CONSENT AND 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on December 2, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce without notice. 4. 1 understand that I may lose.rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. S. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 6. 1 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. Section 4904 relating to unswom falsification to authorities, _ - Date: ngela S. Micklo ; j'r? , i GO r- .t` ?L9 }?J --i lC5 "? 20 1 9 FEN 23 ll 3: 1 SI __ IN THE COURT OF COMMON SQF-11 CUMBERLAND COUNTY, PENNSYL'1?'?AMA JEFFREY S. MICKLO, NO. 2005-6218 Plaintiff V. CIVIL ACTION - LAW ANGELA S. MICKLO, IN DIVORCE Defendant MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this it day of ??rucdr -12010, BY and BETWEEN Angela S. Micklo, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Wife," A N D Jeffrey S. Micklo, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Husband." RECITALS R.1: The Parties hereto are Husband and vb'ife, having been joined in marriage on May 12, 2000 in Mt. Holly Springs, Pennsylvania; and, R.2: The parties are the parents of two minor children, namely Colton Micklo, born February 17, 1999 and Korrd Micklo, born December 31, 2001; and, R.3: Differences have arisen between the parties, in consequence of which they have lived separate and apart for several years; and, RA: The Parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which they intend to divorce; and, R.5: Husband filed a Complaint for Divorce in the Court of Common Pleas of Cumberland County in the Commonwealth of Pennsylvania, to above-captioned docket number on December 2, 2005; and, R.6: It is the desire and intention of the parties, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and, R.7: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection. Wife has been independently represented by the Family Law Clinic in Carlisle, Pennsylvania; Husband has been represented by Michael A. Scherer, Esquire. NOW THEREFORE, with the aforementioned recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, and the parties, intending to be legally bound, hereby agree as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as r he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party shall disparage or discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either party. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Simultaneous with the execution of this Agreement, the parties shall execute the Affidavits of Consent and Waiver of Notice Forms necessary to finalize said divorce. Said Affidavits and Waivers shall be immediately filed with the Prothonotary's Office. If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. (3) REAL PROPERTY: The parties own no real property. Husband previously owned real property in his name alone, which property was sold. Wife waives her claim to any proceeds from the sale of the husband's real estate. (4) DEBT: A. MARITAL DEBT: There is no marital debt. B: POST SEPARATION DEBT: In the event that either party contracted or incurred any debt since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: FUTURE DEBT: Except as otherwise herein provided, from the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of the parties hereto. (6) INTANGIBLE PERSONAL PROPERTY: Except as otherwise provided herein, each party hereto hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits, including retirement accounts, savings plans, pension plans, stock plans, 401 K plans, and the like. (7) WAIVER of ALIMONY: The Parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each Party waives any claim he or she may have, one against the other, for alimony, spousal support or alimony pendente lite. r (8) CHILD SUPPORT: Presently, Wife owes Husband a duty of child support since the minor children reside with Husband. Wife is in arrears on her support case to Husband. Upon the receipt of an affidavit of consent from Wife and the entry of a divorce decree in this case, Husband shall notify the Domestic Relations Office that he waives and forgives $4,500.00 in arrears on the support case docketed to PASCES number 446108210 filed in Cumberland County, Pennsylvania. (9) AFTER-ACQUIRED PROPERTY: Each of the parties shall own and enjoy, independently of any claims or rights of the other all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. (10) ATTORNEY'S FEES: Except as otherwise herein provided, each of the parties waives the right to receive a payment for counsel fees from the other, and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. (11) RELEASE of ALL CLAIMS: Except as otherwise provided herein, each Party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future support, division of property, including income of gain from property hereafter accruing, right of dower or curtesy, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of their marriage relationship, or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America. Except as provided herein, the Parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sought in the event of a breach of this Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. Each party further releases the other from any and all claims or demands up to the date of execution hereof and any other claims either party could raise which arise from the marriage, contract or otherwise. (12) INCORPORATION into DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the Parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contact itself at law or in equity, or in any enforcement action filed in a Divorce action. (13) BREACH: It is expressly stipulated that- in the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, . t? court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (14) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (15) AGREEMENT BINDING on PARTIES and HEIRS: I t i s understood and agreed that not only the Parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: ;_ as-/ o An la S. Micklo S° 14 J? '-Jeff e . Micklo JEFFREY S. MICKLO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENN?YMNIA; Vs. r?r CIVIL ACTION - LAWS -?{ 71 ANGELA S. MICKLO, NO. 2005-6218 Defendant IN DIVORCE _' - c,? _7 r n PRAECIPE TO TRANSMIT RECORD -j -- ?, -< TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service made by the Sheriff on December 20, 2005 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff on January 11, 2010; and Defendant on February 9, 2010. B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A 4. Related claims pending: Parties Marital Settlement Agreement dated February 9, 2010 is incorporated but not merged herein as a final order of court . 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: None served as the parties signed the Waiver of Notice. Defendant on February 9, 2010 and Plaintiff on January 11, 2010. Respectfully submitted, Mic ael . Scherer, Esquire JEFFREY S. MICKLO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ANGELA S. MICKLO NO 2005-6218 DIVORCE DECREE AND NOW, -2,, it is ordered and decreed that JEFFREY S. MICKLO plaintiff, and ANGELA S. MICKLO , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Parties Marital Settlement Agreement dated February 9, 2010 is incorporated but not merged herein as a final order of court By the Court, Attest: J. D 40 Prothonotary 3 -,49