Loading...
HomeMy WebLinkAbout02-1155 TRUDY ANN WICKARD, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.O;l- //S...s CIVIL TERM TODD EMANUEL WICKARD, DEFENDANT CIVIL ACTION - LAW : ACTION FOR DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. IF YOU 00 NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle P A 17013 (717) 249-3166 1-800.990-9108 TRUDY ANN WICKARD, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA V8. : NO.D:4 ~ I/SS CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE TODD EMANUEL WICKARD, DEFENDANT COMPLAINT FOR NO-F AUL T DIVORCE UNDER SECTION 3301W OF THE DIVORCE CODE AND NOW, comes the Plaintiff, TRUDY ANN WICKARD, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.e., and makes the following consolidated complaint in divorce for divorce. 1. Plaintiff is TRUDY ANN WICKARD, an adult individual, who currently resides at 600 North Baltimore Avenue, Mount Holly Springs, Cumberland County, Pennsylvania, 17065, and has resided in Cumberland County for over six (6) years. 2. Defendant is TODD EMANUEL WICKARD, an adult individual, who currently resides at 479 Pine Grove Road, Gardners, Cumberland County, Pennsylvania, 17324. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on January 1, 1995. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiffhas chosen not to engage in, or to request any counseling. 8. Neither Plaintiff nor Defendant was ever a member of the United States Military Services. 9. Plaintiff and Defendant have no children from their marriage. COUNT I - REOUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(.:) OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, ifboth parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, TRUDY ANN WICKARD, respectfully requests the court to enter a Decree of Divorce pursuant to Section 330I(c) of the Divorce Code. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: March -1&-, 2002 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa, C.S.A. ~4904 relating to unsworn falsification to authorities. DATED: --tn~ 512DD'- ~~W~ (.) ~ (") 0 1l c f'V 0 ~ ~ :::.==- ~n ~ [R[)l :J:: ....... :;::.,. \) ~ ~~i'.} ::;0 ~l ...... ~ I ,:....:... h ci? ;t. -::-:~ r,n ...... '" ~ ;:$< '-1 ..' ';;J ~ ....:J 0 "l <:CJ () I ~ 0 ~Q -0 j9 r 0 CY --,,~ (:sj:j I >(; .... ~:l ....(~ f C 61"] V ~ ~ ,:..> :'-1 ~ F- (J1 ~ ~ -< '-..( TRUDY ANN WICKARD, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA VS. : NO. 02-1155 CIVIL TERM TODD EMANUEL WICKARD, DEFENDANT : CIVIL ACTION. LAW : ACTION FOR DIVORCE ACCEfiANCE OF SERVICE TO THE PROTHONOTARY: I hereby accept service of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code, in the above matter. Respectfully submitted, Dated: March -.f, 2002 r1d/ f'~ TODD EMANUEL WICKARD, Defendant 2 Cl 0 N -n ;;::: :x .,:,J -om :;;:a.. -:" -n mnl ~o Z::C' __,hOt ZS' w (~r? ~tj .l~,,) -a ~;iJ ~o -... ~ ..-0 --0 ra cSirn Pc: ---< Z '> =< 0 :D <0 -< vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1155 CIVIL TERM TRUDY ANN WICKARD, Plaintiff TODD EMANUEL WICKARD, Plaintiff CIVIL ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 7, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Mfidavit 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:J.Q/83ID5 _~" W~ TRUDY AN WICKARD, Plaintiff C2 ~ ...". -;~i'~- ~ ;g;; "'" 'r- - c,i} --0 ~ Q, ~...., ~f:: "'('0 -c~ ::9, ) \.~\'''l''' ~.~"""1 ?\"~l '%;rt", ~, '",," ~ '-? ,;:' cP - TRUDY ANN WICKARD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02-1155 CIVIL TERM TODD EMANUEL WICKARD, Plaintiff CIVIL ACTION - lAW : ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER !l3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. * 4904 relating to unsworn falsification to authorities. Date:Ji!a3}oS' 'M,l rl 11- CU\.f\ GJl~ ~. WICKARD, Plaintiff o s; <~ -0h~" c;1':., "!:::"; ,~. 6~'] S;:1,", ~t; ~ ,..., = ~ '- c: .-- <-' -,;) :)l: ~.:> :&:' ..0 o -n ::;:I fi'i:!l t:;, -a1" :.OY O~ ;;i:l~ ;%!~ ~ TRUDY ANN WICKARD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 02-1155 CIVIL TERM TODD EMANUEL WICKARD, Defendant : CIVIL ACTION - IA W : ACTION FOR DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. AFFFIDA VIT UNDER SECTION 3301 (I)) OF THE DIVORCE CODE 1. The parties to this action have been "separate and apart" for a period of at least two (2) years, since March 9, 2002, the date of service of the Divorce Complaint, as per 23 Pa.C.S. *3103. 2. The marriage is irretrievably broken. 3. 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 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. '1n ~.;}I 2JxJb DATE ~~LV\~ (") ,..., ~ = c: = .... .,... -om :s ~ mn. :;po Z;:T~; -< zr" I cry~;', (Xl t2t:~; J;c; -0 ~a ~o 3: c: W 0 ~ c:> ~ ~ TRUDY ANN WICKARD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 02-1155 CIVIL TERM TODD EMANUEL WICKARD, Defendant : CIVIL ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF SERVICE AND NOW, on this date, the undersigned hereby certifies that a true and correct copy of a certified copy of the NOTICE AND AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE with a COUNTERAFFIDA VIT as filed on May 8, 2006 was served upon the Defendant by United States First Class Mail, postage prepaid addressed as follows: Todd E. Wickard 479 Pine Grove Road Gardners, P A 17324 I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904, relating to unsworn falsification to authorities. LAW FIRM OF LINDA A. CLOTFELTER Date:~1 10 I OLP (717) 796-1930 Telephone (717) 796-1933 Facsimile 0 ,...." 0 = c = ." s: c::I'" vO' :x ~..,., !71rr; > '"7 .... -< j~ .r:,_ 7;:- CO> 0 ~" <" ::r.,..; ~~ (~ ::Do C:) :0 L '-: ::It ~.~ 5>U c :Z ~ :<! w N =< , vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERlAND COUNTY, PENNSYLVANIA : NO. 02-1155 CIVIL TERM TRUDY ANN WICKARD, Plaintiff TODD EMANUEL WICKARD, Defendant : CIVIL ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 7, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. Section 4904, relating to unswom falsification to authorities. Date: (PI jtJ6 W~A/~ TODD EMANUEL WICKARD, Defendant "" C-...J. ':',:-:) <:.;.,.. ,~ 1.....- -., .~ c_ (~. r-" I W ::2 C) -.J MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~day of TRUDY ANN WICKARD (hereinafter referred to WICKARD (hereinafter referred to as HUSBAND). ~ as WIFE) and "DD \P , ~, between TODD EMANUEL WITNESSETH: WHEREAS, Husband and Wife were lawfully married on January 1,1995; and WHEREAS, there are no children born of this marriage; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Wife has been represented in this proceeding by Linda A. Clotfelter, Esquire and Husband has been unrepresented, but understands that he has the right to have independent legal representation in this matter. Husband has knowingly and willingly decided not to seek independent legal counsel in this matter, despite Wife's encouragement to do so. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or in part, and all sources and amounts of income. WHEREAS, the parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation: the ownership and equitable distribution of marital property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: -1- 1. PERSONAL RIGHTS: Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. 2. WAIVER OF RIGHTS AND MUTUAL RELEASES: Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and arnendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an 2 absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 3. FINANCIAL DISCLOSURE: The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. 4. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. 5. EFFECT OF DIVORCE DECREE ON AGREEMENT: Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with the execution of this Agreement, the parties shall sign Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Wife shall be responsible for filing these documents and finalizing the divorce. 6. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Linda A. Clotfelter, Esquire, for Wife. Husband has been apprised of his need for counsel and has waived his right to counsel. The parties acknowledge that each has been advised of their right to obtain independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including 3 all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. 8. VOLUNTARY EXECUTION: Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. 9. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing of changed circumstances. 10. LAW OF PENNSYL VANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 11. AGREEMENT BINDING ON HEIRS: Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 12. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 13. ADDITIONAL INSTRUMENTS: Wife and Husband covenant and agree that they will forthwith (and within at most ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 4 14. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 15. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS: The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 16. MANNER OF GIVING NOTICE: Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Husband at 477 Pine Grove Road, Gardners, Pennsylvania, 17324, or such other address as Husband from time to time may designate in writing. Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Wife at 240 Richwine Road, Apartment 6, Shermansdale, Pennsylvania 17090, or such other address as Wife from time to time may designate in writing. 17. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 18. BANKRUPTCY OR REORGANIZATION PROCEEDINGS: In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' 5 fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 19. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT: This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. 20. EXISTING AND FUTURE PERSONAL OBLIGATIONS: Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. 21. ENFORCEMENT: The parties intend that this Agreement shaH be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. 22. ENFORCEMENT OF SUPPORT AND ALIMONY PROVISIONS: The parties hereby agree that all of the support and alimony provisions contained in this Agreement (including both direct and indirect contributions to support and alimony, such as health care payments and the maintenance of health and/or life insurance) may be enforceable by an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910.1 et seq. 23. REMEDIES AND SANCTIONS: In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. 6 24. ATTORNEY'S FEES FOR ENFORCEMENT: In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. 25. EQUITABLE DISTRIBUTION: A. Personal Property: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property; and hereafter Wife agrees that aH of the property in the possession of Husband shaH be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shaH be the sole and separate property of Wife. The parties do hereby specificaHy waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shaH hereafter be the sole and exclusive property of the other. B. Motor Vehicles: i. Each to Retain. The parties acknowledge that each will keep the vehicle(s) presently within their possession as their sole and separate property; each party shaH be solely responsible for any and aH financial obligations related to the vehicle(s) retained by him or her, aH inclusive; and each shall hold the other party harmless for same. The parties also agree to execute any documents to effectuate this provision within ten (10) days of a request for same ii. Identification: Identification of a vehicle herein shall include not only the Vehicle, but also the sale or trade-in value thereof if it has been sold or traded in prior to the date of this Agreement. iii. Liens: In the event that any Vehicle is subject to a lien or encumbrance, the party receiving the Vehicle as his or her property shall take it subject to said lien and/or encumbrance and shaH be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. iv. Waiver: Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles that shall become the sole and separate property of the other party pursuant to the terms of this Paragraph. 7 v. Insurance: Each party shall be solely responsible for maintaining the automobile insurance on the vehicle that each party is to retain pursuant to the terms of this Agreement and they shall hold the other party harmless for same. C. Bank Accounts and Certificate of Deposit: i. The parties had joint checking and savings accounts with Members First. The parties hereby agree aH of the funds contained in their joint checking and savings accounts have been equally divided between them to their mutual satisfaction and these accounts have been closed. ii. The parties had some certificates of deposit at Members First. The parties agree these certificates of deposit have been equally divided between them to their mutual satisfaction. iii. The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. D. Retirement Interest(s): i. Husband has a retirement/pension plan with the Carlisle Borough. Wife hereby agrees to specificaHy release and waive any and all interest, claim or right she may have in Husband's retirement/pension account with Carlisle Borough. ii. Wife has a retirement/pension account with her present employer, Delta Dental. Husband hereby agrees to specificaHy release and waive any and aH interest, claim or right he may have in Wife's retirement/pension account with Delta Dental. E. Real Property: 1. Marital Residence: The parties acknowledge that the previously jointly owned a parcel of real estate that was used as the marital residence. By their signatures herein, the parties further acknowledge that the marital residence was sold to a third party and the proceeds of the sale have been distributed between the parties to their mutual satisfaction. ii. Marvland Vacation Propertv: The parties acknowledge that they have an ownership in real property situate Ocean City, Maryland, which is titled jointly with Thomas and Doris Wickard. The parties intend to seH their ownership interest in the Ocean City property and they agree to split the proceeds equally after regular and reasonable expenses associated with the sale. 8 F. Joint Debts and Liabilities: i. The parties no longer have any joint credit card accounts or other debt or liabilities for which the other party may be liable. The parties have also agreed to assume fuH responsibility for any and aH debt in each party's respective name and he or she shaH hold the other harmless for same. ii. Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shaH pay it as it becomes due and payable. G. Separate Assets: i. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. ii. Limitation to Assets Disclosed: The above release is subject to the proviso that it shaH be effective only as to those assets disclosed to the other party, although such assets need not be specificaHy named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. iii. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presentl y in the sole possession of one of the parties hereto. The term shaH further include any business interests owned by either party, whether individuaHy or together with a third party or parties. iv. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or 9 has been previously incurred with respect to the parties' separate assets as defined herein. H. After-Acquired Property: Each of the parties shaH hereafter own and enjoy, independently of any claim or right of the other, aH items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for aH purposes, as though he or she were unmarried. 26. WAIVER OF ALIMONY Husband and Wife do hereby waive, release and give up any rights, which either may have against the other to receive alimony or other post-divorce maintenance or support. It shaH be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any support from the other party. 27. INCOME TAX RETURNS Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equaH y divided between them. The cost of preparing and handling any prior income tax retum from the parties' married years shaH be shared equaHy between them. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 28. COUNSEL FEES AND EXPENSES The parties agree to equally share aH counsel fees and expenses incurred in obtaining this divorce. 29. BINDING EFFECT. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFrER A FULL HEARING. 10 IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This agreement is executed in triplicate, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: ~f'fl W L WICKARD ("Wife") " k~~ TODD EMANUEL WICKARD ("Husband") 11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF c.um ~YId On this, the I &f'h day of 'JlA.nL , 2005, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared TRUDY ANN WICKARD known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained. SS: IN WITNESS WHEREOF, I have set my hand and notarial seal. ~NuwM~ Nota Public My Commission Expires: NOTARIAL SEAL Stephanie M. Rider. Notary Public Camp Hili Boro, Cumberland County My Commission expires Oct. 31, 2005 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~~\<l..'<\d On this, the 3.,\\1-1 day of k'(\(:~ , ~ before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared TODD EMANUEL WICKARD known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. SS: IN WITNESS WHEREOF, I have set my hand and notarial seal. CQAtMoNW EAlTH OF PENNSYLVANIA LAURE NOTARIAl SEAl ~ ~SSISE, Notary Public My Con..~ "&i.s~.~ ~ ~l~Q ot ry Public My Commission Expires: h1~ cj5', ctO()"l 12 ,.-,.. i . ...-.,~._-~_. ' -, ~-, C) ;~,::-'o :1'< ': ':~ "')4 c :::::! ;.;"\ f-.) r<:- c.:, TRUDY ANN WICKARD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 02.1155 CIVIL TERM TODD EMANUEL WICKARD, Defendant : CIVIL ACTION -LAW : ACTION FOR DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF SECTION 3301 (0) DIVORCE DECREE AS AMENDED TO: Todd E. Wickard, Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the Section 3301 (d) affidavit. Therefore, on or after July 7, 2006, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever, the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 Telephone (800)-990-9108 ~, c, :--;::! I. :'il G) 0 C;~r c:::' TRUDY ANN WICKARD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 02-1155 CIVIL TERM TODD EMANUEL WICKARD, Defendant : CIVIL ACTION - LAW : ACTION FOR DIVORCE COUNTER.AFFIDA VIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. Check either (a) or (b): o (a) I do not oppose the entry of a divorce decree. o (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): o (i) The parties to this action have not lived separate and apart for a period of at least two (2) years. o (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): o (a) I do not wish to make any claim 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. o (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 on Intention 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 counter-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 unsworn falsification to authorities. TODD EMANUEL WICKARD DATE NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER.AFFIDA VIT. '--. c..) r'") -~ C..' ., , TRUDY ANN WICKARD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 02.1155 CIVIL TERM TODD EMANUEL WICKARD, Defendant : CIVIL ACTION . LAW : ACTION FOR DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. The ground for divorce is irretrievable breakdown under Section 3301(d)(I) of the Divorce Code. 2. The Complaint was filed on March 7, 2002. The Complaint was served by Acceptance of Service by Defendant on March 9, 2002, as evidence by same filed on March 13, 2002. 3. The affidavit required by ~ 3301( d) of the Divorce Code was executed by Plaintiff May 2, 2006 and it was filed May 8, 2006. It was served upon Defendant on May 10, 2006 by first class mail postage prepaid as evidenced by the Affidavit of Service filed May 10, 2006. 4. There are no related claims pending. The parties have resolved their economic claims by written Marital Settlement Agreement dated June 24, 2006, which shall be incorporated but not merged into the divorce decree as per Paragraph 4 on Page 3 of the Marital Settlement Agreement. 5. (a) The notice of intention to request entry of section 3301(d) divorce decree, a copy of which is attached, was served upon Defendant by first class mail June 14,2006, as evidenced by the Affidavit of Service filed July 12, 2006. (b) The Plaintiff's waiver of notice was signed by Plaintiff June 23, 2005, and was filed with the Prothonotary July 13, 2005. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER inda A. Clotfelter, Esquire ttorney J.D. No. 72963 021 East Trindle Road, Suite 1 Mechanicsburg, P A 17050 (717) 796-1930 (Telephone) c. ;:1 w C:) CD 'f. 'f. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. TRUDY ANN WICKARD. Plaintiff No. 02-1155 CIVIL VERSUS TODD EMANUEL WICKARD. Defendant DECREE IN DIVORCE \~ JIJ\'{ 2006 AND NOW, IT IS ORDERED AND TRUDY ANN WICKARD DECREED THAT , PLAINTIFF. AND TODD EMANUEL WICKARD , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 'f. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A FI NAL ORDER HAS NOT YET BEEN ENTERED; The tenns oftbe parties' Marital Settlement Agreement dated June 24, 200, shall be incorporated herein but not merged as per paragraph 4 on page 3 of same for the purpose of enforcement. BY THE COURT: u,,\ 1 \ --\ '{- ATTEST: PROTHONOTARY J. 'f. 'f. 'f. 'f. .. 'f. .. .. .. .. .. .. .. .. .. .. .. .. 'f. .. . h /f7r6W ~ '10- 6/-t.. ~ P ~~W'~'-PfJ ~. 6;-(.. . { ., ., .,~. 't< '". ~'. \4'~'., ,)-c .. -\\t ,...' . TRUDY ANN WICKARD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 02-1155 CIVIL TERM TODD EMANUEL WICKARD, Defendant : CIVIL ACTION - LAW : ACTION FOR DIVORCE NOTICE OF ELECTION TO RESUME PRIOR NAME Notice is hereby given that, Defendant in the above-captioned divorce proceeding, TRUDY ANN WICKARD, hereby elects to resume her prior name of TRUDY ANN BAILOR, and gives this written notice of her intention in accordance with the provisions of 54 Pa. C.S. ~ 704. j; ~ B~ TRU~ BAILOR (Current name to be known as) ~Cuv, \J(Lfc~ TRUDY AN WICKARD (Former name prior to this Notice) COMMONWEALTH OF PENNSYLVANIA SSw COUNTY OF CUMBERLAND On this the 1\71"'-- day of No Vi. ~ , 2006, before me, the undersigned officer, personally appeared TRUDY ANN BAILOR (formerly known as Trudy Ann Wickard), satisfactorily proven to be the person whose name is subscribed to the foregoing document and acknowledged that she has executed the same for the uses and purposes therein contained, as her own free act and deed by signing her name thereto. IN WITNESS WHEREOF, I hereunto set my name and official seal the day and year first above written. N01MW. .. UNDAA C~ NoIaIY N:IIC HMWlIN 1WIt e1IlIlO~CMf __ COfumllllan.......... II. .. r-;:? i~ .._,,~:l' c;, AJ ..\q, c:r-- ~.. ,.>- ~ -..::t i;;~ \) N ........1 -- () ~ ~ ~ r-;? f'..) .Q) c::: ~ r -~ __00 A ~W.! ~'~ ~_J--M.l'.) -,,~ 0" ,'1 tIA.... ftCIiMin'I~:) 'lfM